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Frat Party (Sisters In Law Book 1) Page 4
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Christine again stood up.
"Evan, were you talking face to face with Angelo when you told him what had happened between you and Charlene?"
"No."
"You specifically remember talking to him?"
"Not talking. Texting."
"Why was that?"
"My jaw was wired shut. I couldn't talk if I wanted to."
"So whatever it was you told him about you and Charlene, you told him by text?"
"Yes."
"Do you have that cell phone with you today?"
"Yes."
"Please get it out and check to see whether that message sequence is still in memory on the phone."
The young man withdrew his phone from his pants pocket and tapped its screen several times.
"Yes, I have it."
"Can you read us the part where you told Angelo what happened?"
"Yes. It says 'Dude, me and my lady got it on.'"
"What else?"
"He texted back."
"What did he say?"
"He texted me 'WTF!'"
"What does that mean?"
"You want me to say it? In here?"
"Yes, please."
"It means 'what the fuck.'"
"And when you read this, what did you think?"
"I thought he was surprised. I was a virgin up to then. So was he."
"Was he also a freshman?"
"Yes."
"What did you say in response to WTF?"
"I said, 'Seriously, Dude. It was gr8.'"
"You told him the sex was great?"
"Yes."
"Anything else?"
"Not really. He jokes about me needing a penicillin shot because everyone was hitting that."
"Hitting that? Translate, please."
"It means everyone was having sex with Charlene."
"Did you believe him?"
Evan looked at DA Smitts and a small look passed between them.
"Like I told the DA, Angelo doesn't lie. If he says everyone was having sex with her, I believe him."
"That is all."
There was no attempt at re-direct. The judge announced they would recess for the day and Evan left the witness stand.
* * *
Trial continued with jury instructions and closing arguments. The case was then given to the jury to deliberate.
Once the courtroom was cleared, Christine turned to Evan.
"Good luck, Evan. I've got my fingers crossed."
"Me too. I think you won, though."
"Why is that?"
"Closing arguments. The jury made notes while you were talking. The jury didn't make any notes while Mr. Smitts was talking."
"That's definitely a good sign."
Four hours later, the judge called both attorneys into his chambers and indicated to them he had a note from the jury.
"May I read it into the record?"
Both attorneys assented.
"Okay, here it is. 'Question 1: Can we find Charlene guilty of statutory rape?' And question 2, 'Can we award damages to Evan and against the father for kicking him?'"
Christine smiled. "And I suppose the court is inclined to answer affirmatively to both questions?"
Smitts scowled. "Obviously the answer is negative to both."
"Obviously," said the judge. "But I think we're very close to a defense verdict, counsel."
And they were. Thirty minutes later, the jury reported a Not Guilty verdict.
"Now the work begins," Christine told Evan and his parents when they gathered at the counsel table. Now we're going to sue the father. For physical and mental damages."
"We'd like that," said Evan's mother.
"Go for it," said Evan's father. "Hit it hard."
Christine looked at the father and grinned.
"I intend to do just that. I'm going to hit it hard."
Evan needed a hug and Christine obliged him. Then she hugged his parents.
Smitts and Officer Francisco left the courtroom in a huff, right after asking for a Judgment Notwithstanding the Verdict, which was denied.
On the way back to her office, Christine phoned Billy Tattinger. "Prepare a complaint alleging aggravated assault and battery against Charlene's father. Seek punitive damages of five hundred thousand dollars."
"Done."
She slid back the sunroof and tilted her head toward the bright afternoon sunshine.
It was beautiful being free.
She hoped Evan was enjoying every single minute of it.
Then she laughed. What the hell was a senior doing with a freshman, anyway? Had things changed all that much since she was in school?
Doubtful, she decided. Maybe Charlene should be included in the lawsuit.
Statutory rape: he was underage, she wasn't.
Calling Billy again, she updated him. "Add the daughter as a defendant. Allegations of the civil equivalent of statutory rape."
"Serious?" said Billy.
"Dead serious."
5
There was a problem with the fraternity date rape case: the victim was the daughter of none other than the Cook County District Attorney, John Speers. Which meant the Office of the District Attorney had an ethical conflict of interest with the girl's assailants.
A search for an independent prosecutor began. Lists of criminal defense attorneys were downloaded and feverishly reviewed, as the more time that went by, the more time the assailants would have to get their stories squared with each other.
After a full day of intensive searches of names, and career highlights, the DA's staff had come up with two names. One of the names was awaiting appointment to the first criminal assistant's desk at the U.S. Attorney's Office. She would have been their first choice as she was not only qualified, she was political as well, and there would definitely be political angles to the case.
The second of the two names was someone equally qualified but without the proven political smarts. Her name was Christine Susmann. It was decided the staffers would send out investigators and learn all they could about the young attorney.
Three days went by. Then the investigators from the DA's office began filing workups.
District Attorney Johns Speers, First Assistant Woody Smitts, and Sexual Assault and Domestic Violence group leader Iona S. Palin liked what they saw. Christine Susmann was in her early thirties, a graduate of Chicago Law, a family woman, and had experience in the legal system with sex crime cases. Of course she had been defending those, but that could be forgiven. Knowledge of the elements of sexual assault and investigative techniques--she had those down. Criminalistics, rape kits and emergency room exams--she had those down, as well. These were the ingredients that went into making for success as a sex crimes prosecutor and she scored high marks.
There was one problem area, however, and that was money. Not whether she would want too much; rather, she was loaded. The money they could offer would be meaningless to a multi-millionaire. So they decided they would appeal to her sense of justice and her parenthood. Two kids, both of whom would be destined for college, would play at her heartstrings and motivate her to accept the offer they were going to make.
"It's a very difficult moment for me," said DA John Speers to the two assistants aiding him in the recruitment. "This is my daughter. I cannot afford any screw-ups. If the independent counsel makes a crappy deal or screws up the evidence, my kid loses her one chance to see justice done."
"Plus you want her to have the advantage of a conviction in her pocket when she files her civil case against the perps," said Iona S. Palin, of Sex Crimes. "A Not Guilty verdict would stop her cold."
"Agree," said Speers. He leaned back from his marble desk and looked past the floor-standing American flag. Beyond the high glass, seagulls coasted on the thermals and eyed the city streets for food debris the citizens discarded on the sidewalks by the ton each day.
Speers clinched his eyes shut. "Anybody. Speak to me."
"She was my second choice all along," said Wood
y Smitts. Smitts was a Naval Academy/Stanford Law grad who lived his life by the book. "She's personable, from what I've seen. But she's also very plodding, a thinker, a woman who isn't afraid to think and act creatively but still she'll hit the books when necessary. I'm a 'Yes.' Especially after she just kicked my ass on the witch case."
"Lord," muttered Speers. "Iona? What say you?"
"I wanted a female, but only because I think females make the best sex crimes prosecutors. They're on fire because the victim is most often one of their own. Plus juries relate to them in sex prosecutions."
"More than men?" asked Speers.
"I can't say that," said Iona Palin. "I wouldn't go that far. But I've seen her work. Unlike Woody, Christine Susmann is my first choice, not my second."
"That makes for two yeses. I'm too close to the situation, so I'll go with what the two of you think. I have to rely on you and your distance from the facts."
"Yes."
"Smart. I agree, Jack."
"All right, then. Let's bring her in and make an offer."
"She's outside?"
"She kindly agreed to come by this morning. Doesn't even know why."
"Let's do it, then."
DA Speers punched his intercom and told his secretary to bring in Christine Susmann.
"Let's move over here to my conference table," said Speers to his two staffers. "Take away the power chair behind the desk."
They were just settling in when the door opened and his secretary guided the young lawyer into the room. John Speers stood up on the far side of the table and waved Christine over. "Please," he said, extending his hand. He indicated Christine should take the head of the table, which she did.
"Am I in big trouble?" said Christine, only half-kidding. She didn't know why she would be in any kind of trouble in any case, but one could never be too careful when it came to detectives and prosecutors. She had been around the block enough times that she was wary, although her demeanor indicated she was half-joking.
"Nothing, not at all," said Speers. "I've asked you here because I need your help on a case."
"What kind of case?"
"Sexual assault."
"Is this the case I'm thinking? It was in the Tribune and it involved a certain family member?"
Speers grimaced. "That is the case. My daughter."
"I was very sorry to hear what happened. I have two kids. I've already told them to stay away from fraternity parties when they head out."
"We don't want to take up too much of your time," said Speers. "So let me be blunt. Would you accept appointment by the chief judge as special prosecutor to bring the assailants to justice?"
Christine carefully examined the faces of each prosecutor. "Seriously? You're asking a defense lawyer?"
"I am. We are."
"Why? There must be a thousand ex-prosecutors in Cook County right now. Why me?"
"You have a record we admire. A record in big cases. And this will be a big case. It will be very political."
"I'm definitely not political."
"You're not?" said Speers. "After you sued the president of Russia and won a few hundred million or so?"
"Well, there's that, I guess."
"Yes," said Iona Palin, "there's that. But one thing I really like about you is the fact that you have two kids. Campus rape must be an anachronism by the time your girl leaves home for school. Don't you agree?"
"I do. You definitely have my attention on that one. Now let me ask you one thing."
"Okay."
"If I do this--I'm not saying I will, not without talking to my husband first--but if I do it, will I also be allowed to speak up for the civil case?"
"You want to sue these boys for my daughter?"
"The boys, the fraternity, the university, the national fraternity. Even the boys' parents. I would like to make everyone responsible in any way come into court and defend."
It would ultimately be John Speers' call, deciding who would bring any civil litigation, as it was his daughter who had the claim. He stood and thoughtfully paced behind the row of chairs on his side of the table. Then he turned.
"You know what? I say yes to that. I would love to have you take on Bussie's case."
"Then let me talk to my husband. Can I have until noon tomorrow?"
"Certainly. But we need you to dig in at twelve-oh-one if you're on board. There's a lot to be done from the gate."
"Got it. I can do that. I have really unlimited resources."
"We know you do," said First Assistant Smitts. "Believe me, I carefully considered your access to bodies when I was considering you for the job."
Christine nodded slowly. "I've been lucky enough to score some wins that mean money is no longer an issue. Anymore I work because it's there. For cases like this one, maybe."
"Then give us a call. You would work out of your own office, incidentally, and we'll assign a full-time investigator to you. She'll need an office and setup."
"She?"
"Winona S. Lindsey. Heard of her?"
"Who hasn't?" said Christine. "She's in the news on some front page sex crime or white collar at least once a week."
"She's all yours. For the duration."
"You really are going all-in."
John Speers looked hard at Christine. "I only have the one daughter. Please remember that when you talk to your husband."
Christine took the elevator to the lobby of the County Building. She was standing at 69 W. Washington; the Executive Office of the Cook County DA was upstairs in suite 3200. Outside she flagged over the first cab moving in her direction. She gave the cabbie directions.
"One Hundred South, please."
"Missus, that's the high rent area. You must be doing all right."
"Is that a question?"
"No, ma'am. Just a thought. Sit back. Enjoy the traffic jam. I got this."
6
Within a week the court had appointed Christine to the office of special prosecutor. Which meant she was going to be very busy with just the one case.
She began reviewing staff needs and decided she had an immediate need for a second attorney in her practice. She posted notices of a job opening in all the right Chicago law newspapers and the Bar Journal and waited. The resumes began pouring in, which wasn't a surprise given the tanked economy and the fact that law schools were producing 125% of the nation's need for lawyers. She and paralegal Billy Tattinger worked their way through the pile and compiled a short list. Then calls were made and appointments set up. One, the final one, awaited Christine in the reception area.
Christine studied Edward Mitchell's resume and slowly nodded. Out of fifty-five replies to the classified ad in the Chicago Daily Lawyer, Edward Mitchell was on the top of the pile. He was young--twenty-eight--and ready for a career. He was unmarried, so family life wouldn't interfere with the long hours she had planned for him. He was older than most law grads by five years because he had done a JAG stint right out of law school. The Army had posted him to Iraq and Germany, where he had defended American soldiers brought up on courts martial. Christine, ex-Army herself, liked him even more for serving and it gave him great validation with her. His undergrad major was criminal justice, definitely a plus. In law school he'd done heavy concentration in criminal law, a practice area where Christine needed help. She needed civil experience too, someone who had been around and had gotten beat up once or twice and had learned to give it back in spades. That's what had happened to her and she knew how sometimes hard lessons produced granite survivors.
He looked good, on paper. So she had her old contacts at XFBI take an in-depth look. Then she invited him in to talk.
While he waited in reception, Christine studied a file stamped CONFIDENTIAL: XFBI STUDY. In the upper left corner, in small gold letters on a black rectangle, was his name, Edward Mitchell. The study was a good inch thick, including photographs of the applicant at a juice bar in his health club. A second photograph showed him filling his hybrid vehicle at the pump. The third ph
otograph was problematic: it pictured him standing in the community indoor pool at his condo, talking to a much younger woman. Problematic because it caused a mild jealous reaction in Christine, which she admitted though she hated to. How, she wondered, had jealousy stepped in? She stopped the file review and wondered if she was doing the right thing, interviewing a young man to whom she had immediately felt attracted? She shook it off and plunged forward, flipping pages. How could anyone develop feelings for a photograph? She shrugged it off as ridiculous.
She didn't ask how, but XFBI had learned that he was twenty-eight, single, a lifelong resident of Chicago except for the military years, a loyal Bears fan who had obtained autographs from the entire defense when Urlacher was around, and that he had two job offers: one from the district attorney's office and one from a family law practice. The latter he had zero interest in, while the former had offered the first interview and then a comeback interview to meet the others in the Violent Crimes Unit. He was definitely interested and had as much as told them so in two emails from earlier in the week. His alma mater was Northwestern and thanks to its unfriendly tuition structure he still owed over $100,000 in student loans, which sometimes he was late in paying. He had even been turned over to collections two months ago. Christine nodded. She could forgive him that, especially since she planned to double whatever the DA was offering. He listed as his last employer the United States Army. He had been home all of twenty-five days.
Christine handed the file over to Billy, who began flipping pages. She wanted Billy in on this because he was a great judge of character, number one, and because he would be answering directly to Ed Mitchell if Mitchell indeed came on board.
"This guy's my new boss?" Billy asked as he skimmed the file.
"Here's hoping," she said. "He's pretty hot to trot with the DA's office right now."
"Hell, Chris, just wave Benjamins under his nose. He's been fighting it, being in the Army. No bucks and credit's shot to hell. He'll see the wisdom of your offer."
Christine sighed. "I want him to want to be here for more reasons than money."
"Well, the hours are long and the food downstairs is lousy. You'd better come up with something else."