My Sister's Secret
(Chapter Nine: Skeletons)
"Are you okay?" Casey asked looking over at Aubrey as they waited to enter the courtroom.
"I'm good," she said with a nervous smile.
"Would you like to go over it one more time?"
"No. I'll be okay. Just a little nervous."
"Your sister doesn't seem nervous at all," Casey said nodding in Bailey's direction.
"Bailey doesn't get nervous. Or if she does, you would never know it."
"This is gonna go just like the last time, only I will be the one asking you the questions instead of Kathleen. There is an actual jury this time, so try to make sure you include every detail you can remember of the attack. I know this is hard for you, but it is very important that the jury gets a clear picture of what happened that night. The other attorney, McHale Richards, is tough. He is going to say some awful things to try to make this look like it was all your fault. He is going to do what he can to try and make you look like a bad person and seem like the sex was consensual."
"It wasn't."
"I know. I believe you, we all do. But his job is to make that jury believe him, even if every word out of his mouth is garbage. I will do everything I can to keep him from walking all over you in court. But there will be some pretty tough questions that you will have to answer. Just tell the truth and you will be fine. If it gets tough on you take a deep breath and think about your answer for a moment. But wait a few seconds to give me the chance to object before you answer reply to anything he says. That way I can try to keep it from getting out of hand. The same goes for you," Casey said looking up at Bailey.
"Yeah sure," Bailey agreed.
"If either of you have skeletons in your closet, they are probably about to come out in open court."
"No ma'am," both girls answered at the same time.
"I'm going to go and see if they are ready for us," Casey said with a smile as she walked toward the door of the courtroom.
Aubrey was put on the stand first, revealing every detail of her attack. Then the prosecuting attorney McHale Richards began his questioning, spilling his usual courtroom jargon trying to confuse and belittle the honor student in front of his audience. Then when she was good and stirred up, came his real attack.
"Ms. Stabler, may I call you by your first name as to prevent confusion to the jury?"
"Yes, sir. Aubrey is fine," she spoke politely.
"Aubrey, you are a popular girl, aren't you?"
"I have a lot of friends, yes."
"And these popular friends, do they have a lot of parties?"
"Sometimes on the weekends or after a game, they have parties."
"How many parties would you say kids your age from your school have hosted during this school year?"
"Umm….several."
"Several, meaning two or three? Five? More than five? How many is several?"
"More than five."
"And was alcohol present at these parties?"
"I believe so, yes."
"You believe so?"
"Well, I wasn't at all of those parties. So, I really cannot say for sure."
"Good Girl," Olivia whispered as Aubrey cut him off at the pass.
"How many of those parties would you say you actually attended?"
"Two or three."
"Was it two or was it three?"
Aubrey looked over at her mother. "Three."
"And were your friends and classmates drinking at those three parties?"
"Yes."
"Were you drinking at those parties?"
Aubrey stared at her mother as Olivia nodded for her to continue.
"Yes. At two of them. But it was after winning a big game."
"But you are only fifteen years old! Is there some law I am unaware of that states that a fifteen year old high school student may legally consume alcohol at a party with her friends only after winning a big game?"
"No," she said softly.
"I'm sorry?"
"No," she said more clearly leaning in toward the microphone.
"What is the legal drinking age in the state of New York?"
"Twenty one."
"So you were aware of the fact that neither you or your friends were old enough to legally drink, but you did it anyway?"
"Yes."
"Did your parents give you permission to drink at these parties?"
"No. My parents didn't know that I went to the parties."
"You didn't asked their permission?"
"No."
"Why not?"
"Because they would have said no."
"Why do you think they would have said no?"
"Because….because there was alcohol there."
"So your parents do not allow their fifteen year old daughters to attend parties where alcohol is served to minors?"
"No, sir."
"Then how did you get to that party?"
"I snuck out my bedroom window and a friend picked me up down the street from my house."
"How old was this friend?"
"Sixteen."
"Did you consume alcohol at that party?"
"Yes."
"How much?"
"The first time only two beers. But the second party I went to I drank more."
"How much more?"
"About four glasses of this punch stuff that had some type of rum in it and a couple of shots of tequila."
"I'll bet you were feeling pretty bad the next morning."
"Yes, sir. I was hung over and sick."
"And your parents didn't notice? How did you hide the hang over from them?"
"I was at school. By the time I came home I was feeling better."
"And were you drinking alcohol the night of the party at the Briggs residence?"
"No, I wasn't."
"Was your sister, Bailey drinking at that party?"
"No sir, Bailey doesn't drink."
"But you drank at all of the other parties you went to and your friends were drinking at this party, why wouldn't you drink?"
"Because I learned my lesson when I got sick. And because I promised I wouldn't drink."
"Promised who?"
"My sister, Bailey."
"But if you lied to your parents about sneaking out and drinking before, why should we believe that you wouldn't break a promise to your sister about drinking at a party?"
"Because, I wouldn't. Because, I am telling the truth."
"So, you snuck out your bedroom window to go to this party and this time your sister went with you?"
"Yes."
"But you didn't go to the party to drink?"
"No."
"Then why did you go?"
"I went to talk to Jeremy Briggs."
"Jeremy Briggs, the boy you are accusing of raping you?"
"Objection your honor!" Casey exclaimed as she stood up from her seat.
"Overruled. But counselor, you may want to rephrase the question. You are walking on very thin ice."
"Aubrey, are you speaking of the victim?"
"Yes."
"And what did you have to talk about?"
"I wanted a tattoo and Jeremy gave tattoos to some of the kids from my school. I had already spoken to him over the phone, but had never met him in person until that night. I followed him upstairs to look at a book of tattoo designs to get an idea of what I wanted."
"You followed him upstairs?"
"Yes."
"Did he force you? Did he drag you?"
"No."
"Was Jeremy drinking?"
"Not that I saw, no. But he kind of acted like he had been."
"But you did not see him consume any alcohol?"
"No."
"Once the two of you were upstairs, where did you go?"
"Jeremy said that the book was in his cousin Jason's bedroom. So we went in there to look at it."
"Let me see if I have this straight. You had not met Jeremy Briggs in person until that night?"
"No."
"So he was a stranger to you?"
"I guess so, yes."
"So you followed a strange man, who acted as if he had been drinking up the stairs away from the crowd and into a bedroom where the two of you could be alone together?"
Aubrey was quiet and Casey could tell she was about to cry.
"Yes," she said softly.
"What did you think was going to happen?"
"Objection, your honor! He is badgering the witness!"
"Sustained! Mr. Richards, this is your last warning! One more stunt like that and I will hold you in contempt!"
"So Aubrey, what happened when the two of you entered the bedroom?"
She looked to Casey for approval to continue before answering his question. "Jeremy handed me the book and we began to talk about tattoo ideas."
"Please continue."
"I was standing in front of a desk with my back to the bed and looking through the pages of the book."
"Where was Mr. Briggs?"
"Behind me by the bed. He walked over to the nightstand and lit a cigarette. He was telling me about a butterfly tattoo he had given a girl. He said he was going to show me the picture, he thought I would like it."
"Then what?"
"He put out the cigarette and walked over to the desk. He was standing to my left and turning the pages of the book. He showed me the tattoo design and as I was looking at it, he attacked me."
"Attacked you, how?"
"He started choking me. I tried to fight him off, but I couldn't. He dragged me to the bed and tore off my clothes and raped me."
"Where was your sister while this was going on?"
"Waiting for me downstairs."
"At what point did your sister attack Jeremy Briggs?"
"Bailey came upstairs looking for me. She walked into the room while Jeremy was on top of me. She screamed at him to stop. Then she ran over and jumped on the bed. She hit him in the back with her fist until he pulled away from me. He backed away as she threw the ashtray. It hit him with it, then he ran out of the room. Bailey helped me dress and we went home."
"When did you learn that Jeremy Briggs was dead?"
"When we went back to school. There were rumors going around about some kid who had been killed over the weekend, but no one knew who it was."
"The thought didn't cross you mind that it could possibly be Jeremy Briggs?"
"No."
"Why not? Your sister hit him in the head with an ashtray!"
"Because he seemed alright when he left the room. And the kids at school were saying that this person had been shot. We never dreamed that it was Jeremy."
"When did you learn for sure that it was indeed Jeremy Briggs?"
"When the officers arrested Bailey for killing him."
"When your sister threw the ashtray at Jeremy, he had already backed away from you?"
"Yes."
"He was no longer attacking you?"
"Not at that moment, no."
"No further questions, your honor."
"Your witness, Ms. Novak," the judge said looking over at Casey.
Casey stood and approached the stand. She tipped her head and stared for a moment into the cool blue of Aubrey's eyes as she smiled at the girl.
"Aubrey, when bailey threw the ashtray, where was she standing?"
"She was sitting on the bed beside me. The ashtray was on the night stand beside the bed."
"What else was going on in the room at that moment?"
"Jeremy was standing at the foot of the bed zipping his jeans and I was crying."
"Then what happened?"
"He yelled at me."
"What did he say?"
"He told me and Bailey that if either of us ever told anyone that he would hurt me. He said that I wanted it and I asked for it. Then he yelled that if this ever got out he would kill me. He asked me if I understood. But I was crying and distraught. He screamed at me to shut up, but I couldn't stop crying."
"What did he do?"
"He screamed shut up! Shut up! And he climbed onto the bed coming at me like he was going to choke me. That was when Bailey grabbed the ashtray and threw it at him."
"You testified earlier that the ashtray hit Jeremy."
"Yes."
"You saw it hit him?"
"Yes."
"Where did it hit him?"
"On his forehead, just above his eye."
"How did he react?"
"He cursed at her and raised his hand to his head. She threw a book and a remote control at him also, but they didn't hit him. Then he turned around and ran out of the room."
"Was he bleeding?"
"Not that I could see. But the room was dark."
"So he could have been?"
"Yes."
"When you left the party, did you see Jeremy anywhere?"
"No. We walked down the stairs and through the living room, I didn't see him anywhere."
"What happened after that?"
"We went home. I took a shower and went to bed."
"Did you tell your parents about the attack?"
"Not right away."
"Why didn't you Aubrey?"
"I was scared and ashamed. I should have known better than to go into that room alone with Jeremy, but I did it anyway. I was afraid I would disappoint my parents."
"Aubrey, your parents work with rape victims for a living. Why would you think that they would be disappointed in you?"
"Because they have taught us since we were little to pay attention to our surroundings and not let our guard down, don't be alone with guys we don't know. I was not supposed to be at that party in the first place. My parents never even knew we snuck out of the house." Casey watched as she began to cry. "I didn't want to let them down."
"When did you finally tell your parents what happened that night?"
"The night that Bailey was arrested. That was when I told my mom what really happened."
"So you came clean to try to help your sister?"
"Yes. Bailey didn't mean to kill him. She was just trying to keep him from hurting me any more. She was trying to protect me. This whole thing was an accident. She never meant to hurt anyone."
"Your honor, can we take a short recess?" Casey asked.
The judge looked at her watch then back up at Casey. "Finish with your witness, Ms. Novak, then we will continue tomorrow morning."
"I have no further questions, your honor."
The judge slammed the gavel down in front of her. "Court is adjourned until nine o'clock tomorrow morning."
Aubrey wiped the tears from her face and took a deep breath as she climbed off the witness stand.
"You did very good," Casey said patting her on the back. "I'm sorry if I got too rough on you back there. But the jury needs to hear everything."
"It's okay. I'm okay. I'm just tired."
"You did good, honey. Go home and get some rest. Tomorrow is Bailey's day in court."
As Olivia approached them Aubrey hugged her tight. "I am so proud of you, baby. I know how hard this is for you. But you did wonderful. Let's go home to dad and Bailey."
"Okay."
Aubrey walked over to talk to Kathleen for a few minutes while Casey and Olivia spoke for a moment.
"Thank you, Casey. I don't think she could have done this if it had been anyone else up there with her."
"She did really great. I have Bailey up first thing in the morning. I'd like you to bring her in just a little early so we can run through this one more time before she takes the stand."
"No problem."
"Is eight o'clock alright for you?"
"Sure. Aubrey would like to sit in for support, is that alright?"
"I think so. She has already testified. I don't see how it could hurt."
"We'll see you in the morning."
That night the girls helped Olivia cook dinner and they all sat down for a family dinner. Olivia looked around the table and thought to herself how as hard as this trial was on everyone it seemed to be bringing them all back together.
Aubrey seemed to be starting her healing process. She was smiling and laughing again and interacting with her family. And Bailey was standing her ground as she faced what would probably be the hardest time of her life. They were fighters. She and Elliot had raised two smart, beautiful, strong, young women who were so much like both of their parents. The girls were the best of her and the best of Elliot brought together and she had never been more proud of anyone in her life than she was of her children for the way they were handling this struggle life had thrown at them.
"I was thinking, when this is all over we should get away for a while," Elliot suggested.
Bailey lowered her fork and looked up at him. "Like a family vacation?"
"I think it's a great idea," Olivia said smiling at her husband.
"Where should we go dad?" Aubrey asked.
"Where would you girls like to go?"
"Jamaica," Bailey said with a smile.
"Well, I don't know that Jamaica is in our budget," Olivia replied. "But somewhere warm would be nice."
"Somewhere we can swim and relax on the beach," Aubrey added.
"Okay, somewhere warm with a nice beach. We still have time to think of a good place."
"Dad, what if I end up going to jail?" Bailey asked.
"We are doing everything we can to keep that from happening."
"I know daddy, but I am so scared."
Elliot wiped a tear from her cheek.
"If that happens, then we appeal. And we keep fighting until we make them listen. The Stabler family never quits. We never give up on each other, baby. And we will never give up fighting for you. We are your family and families stick together."
"Thanks dad," she said leaning over to hug him.
"Aww," Olivia cooed. "Do you happen to have one of those for your mom, too?"
"Of course," Bailey climbed into Olivia's lap like she used to do when she was little and hugged her tight.
Olivia began to tickle her as they both burst into laughter.
That night Olivia checked on her sleeping children, tucking them both in tight and kissing their foreheads before she turned in for the evening. As she and Elliot laid staring at each other across the mattress, he raised her hand and brought it to her lips.
"A penny for your thoughts," he said brushing a strand of dark hair from her eyes.
Olivia smiled at him. "I was just thinking what amazing children we have. Not really even children anymore, but young women. They are both so strong and so…"
"Beautiful, just like their mother. They both remind me so much of you. Your strength and determination. They are good girls and they both deserve a second chance. I just hope that jury can see that. I know that what Bailey did was wrong, that her actions caused the death of that boy. But I am so proud of her. Of both of them. She was trying to defend her sister and it all got out of hand. They are good kids."
"She is only fifteen years old. But if this goes bad, Elliot, it is going to be really bad."
"Casey got them to try her as a juvenile. Second degree murder, she is probably looking at fifteen years max. Half that with good behavior."
"She will be twenty two years old, Elliot. She will have missed out of college and graduating with her friends. She will have a criminal record. She wont be able to get a decent job, not to mention kissing her dream of medical school goodbye. This will ruin her life. Even if we do appeal and she ends up getting off later, any prison time at all and no reasonable college will take her."
"She is a minor, Olivia. If she is charged and she will go to a juvenile facility until she turns seventeen, then she will be transferred to prison. If an appeal goes through, anything before her seventeenth birthday will be sealed in her juvenile records. It wont effect college."
"We can't let her go down for this."
"I know baby," he said kissing his wife tenderly. "We should try to get some rest tonight. We have another long day ahead of us tomorrow."
"Good night, El."
"Good night, sweetheart."
