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Chapter 10: The Moment of Truth

"Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?"

"I do."

"Please state your name."

"Lisette Jamieson."

This was the third witness Alex had called to testify against Bakersfield. Olivia knew that most of the testimonies would mirror each other, but she felt it important to be there for each girl. Their experiences might seem interchangeable to someone on the outside, but after a lifetime of working with victims, she knew better. And Lisette especially. Olivia glanced over at Kathleen, sitting a few rows in front of her. The two of them were the only real support Lisette had.

"Miss Jamieson, do you recognize the man on trial today?"

"Yes."

"Where do you recognize him from?"

"He was my English teacher in high school. From the middle of my freshman year until the end of my sophomore year, he would take me into his classroom after school to rape me."

"How many times were you sexually assaulted by the defendant?"

"I don't know. Every few days when school was in session. A lot, I guess."

"When did he stop?"

"When I came back first day of junior year."

"Can you describe what happened that day?"

"I was four months pregnant at the time. He pulled me into his classroom, and I was thinking it was all going to start again, everything he'd done to me. Then he looked at me and he just slapped me across the face. He said I was a disgusting slut and to get out of his room before I dirtied it up."

"What happened next?"

"I went to the bathroom and I just cried. I was so glad not to have been raped."

"Miss Jamieson, do you know who is the father of your child?"

She raised a hand and pointed directly at Bakersfield. "He is."

"Let the record reflect that the witness has identified the defendant, James Bakersfield." Alex paused for long enough to pick up a piece of paper from her table. "People's exhibit two, paternity test results showing that James Bakersfield is the father of Nina Jamieson, daughter of Lisette Jamieson." Then she turned back to Lisette. "How old were you when you became pregnant?"

"Fifteen."

"People's exhibit three, medical records for a prenatal checkup performed on the witness at age fifteen." Alex handed this document over as well. "Let the record also reflect that the age of consent in the state of New York is seventeen, and was seventeen when the witness became pregnant. Miss Jamieson, why didn't you report your assault?"

It was a small gamble on Alex's part. But if she didn't bring it up, the defense would, and they would find a way to skew it to make Lisette seem unreliable. Best to get out in front of it and play it so it would be sympathetic to Lisette instead of her abuser.

"He threatened to fail me if I told anyone. I thought he'd be able to do it and get away with it. I didn't think anyone would take me seriously, that all I would be doing by telling would be to make him angry at me."

"Thank you, Miss Jamieson. Your witness."

"Miss Jamieson, can you please tell the court again why you didn't report the alleged rape?"

"He threatened me. Considering his position, I knew he was capable of carrying out his threat."

"Which was to fail you, is that correct?"

"Yes. But he was violent sometimes too, I thought he might hurt me."

"But if he was in prison, he couldn't fail you, could he?"

"No, but -"

"And he couldn't hurt you, could he?"

"He could if someone like you got him off and he went back onto the street," she retorted, never so much as raising her voice and yet capturing the immediate and complete attention of the jury. "Even if the school fired him, he had had access to my school records which included my home address. And that's assuming it even went to trial and wasn't dismissed. I'm not stupid, I read the news. I know how girls who are raped get treated."

Dig your client in, Langan, Olivia thought to herself. Go on.

But unfortunately, the defense attorney was smarter than that. "Miss Jamieson, if it was rape, why would you choose to keep the child you bore as a result?"

"That man may be guilty, but Nina is innocent," she replied evenly. "I don't believe in abortion. I mean, I wouldn't tell another woman in my situation she shouldn't have one, but for me it was never an option. I considered giving her up for adoption, but I loved her too much. Maybe I was selfish but I couldn't see not being able to raise her."

"But you say my client raped you."

"Yes. He did."

"Why would you want to keep around a daily reminder of that rape?"

"That's not what Nina is!" For the first time, Lisette's voice wasn't calm and collected. "A constant reminder was having to see him every day, even after he stopped raping me, because I had classes with him."

"And when you look down at your daughter, you don't see the man who raped you staring back at you?"

"Objection!" Alex protested.

But Lisette was faster than the judge. "No! I look down at Nina and I see a little girl who just wants what every child wants, to be loved and cared for. The sins of the father don't define the child, and you have no right to suggest I don't love my daughter!"

"Objection sustained!" The judge cut into Lisette's rant. "Move on, Mr. Langan."

"No further questions."

"Redirect, your honor?" Alex was up before Langan was in his chair.

"Proceed."

"Miss Jamieson, do you think of the defendant as your child's father?"

"Objection! Relevance?"

"The defense raised the issue of Miss Jamieson's feelings towards her daughter. I'm just following up."

"Overruled. Answer the question."

"No."

"Why not?"

"He's never had any part in her life. He was disgusted with me for being pregnant. His only concern when I told him I was pregnant was that I might tell someone it was his. It takes more than getting a woman pregnant to be a father."

"Do you blame your daughter for the crimes her father committed?"

"Absolutely not! I love my daughter."

"Thank you. No further questions."

That was good. Olivia needed to get out of this courtroom now, before anyone saw the tears in her eyes.

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"So far, I think it looks good," Kathleen told her father over the phone. "That defense attorney tried to break Lisette down, but she schooled him instead. I think he'll think twice before he questions a mother's devotion to her kid again."

"What? What did he say?"

"Oh, he basically tried to make out that if she'd really been raped she wouldn't be able to love her daughter. I guess he was trying to put her in a position where she either had to say she wasn't raped or that she didn't love her kid. She didn't bite - unless you count biting his head off. She went off so fast the judge had to cut her off to sustain an objection to the question."

"Was Olivia there?"

"Yeah. Why?"

"No reason," he lied. "Lizzie's up the day after tomorrow."

"I'll be there. You know I will."

"Love you."

"Love you too, dad."

He hung up and immediately headed for his car. There was somewhere he needed to be."

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Olivia reached over and pressed the buzzer. "Hello?" She really hoped it was a wrong button or a neighbor needing to be buzzed in. She really wasn't in the mood for company.

"Liv? It's me. Can I come in?"

She couldn't even form words now. She silently reached for the buzzer. She didn't want to leave him out so close to his daughter's trial, but did it really have to be today? Now?

She opened the door when she heard him knock. He took one look at her face, and she knew he knew something was wrong. Just like he had after Sealview. He'd followed her home then because he knew something was wrong, even when she insisted it was nothing.

He stepped in just far enough to close the door and then he had her in his arms. "I've got you, Liv," he whispered. "It's okay now."

"I'm sorry, El," she mumbled into his chest. "It's just been a rough day."

"I know." She glanced up, surprised, and he continued. "Kathleen told me what Langan did to Lisette on the stand today."

"She didn't love me," Olivia sniffed. "Lisette loves Nina so much. She defended her in open court. She almost lost it when Langan accused her of not loving Nina. She doesn't look at Nina and see her attacker. She doesn't have to get drunk because her kid reminds her of the man who raped her. She doesn't smack Nina around."

"And that has nothing to do with you," he said soothingly. "If Lisette does love Nina more than your mother loved you, it's because she's a better mother than your mother was, not because Nina's a better daughter than you were. Any sane woman would be proud to have a daughter like you."

"My mother would never have defended me like that."

"You don't know that. She never had the chance."

"I knew her. I know what she would have done."

He hugged her tighter. "Regardless, Liv, it's not your fault. And it's okay to feel awful about it. Really."

"I'm sorry, El," she said again. "You probably came here to talk about your daughter and I -"

"I came for you," he replied gently. "I know how you question yourself. I know what you deal with." He placed a light kiss on her forehead. "You don't have to be the strong one there for everyone else all the time. Not while I'm here."

"You really came here just because of me?"

"You bet."

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"Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?"

"I do."

"Please state your name for the record."

"Elizabeth Stabler."

Alex approached the witness stand, studiously avoiding looking at Elliot in the audience beside his wife. "Miss Stabler, please describe for the court what happened to you after school on April the twenty-fifth of this year."

"I was at my locker after music practice, and Mr. Bakersfield asked me to come into his classroom to talk about my grade."

"Is this Mr. Bakersfield the same man who is on trial here today?"

"Yes."

"Please continue."

"When I leaned over his chair to look at the computer screen, he put his hand down my shirt and grabbed my breast. I pushed him away and said no. Before I could leave completely, he grabbed me by the shoulders, said that if I was going to be a bad girl I'd have to go sit in the corner for awhile. I tried to push him off but he was holding on too tight, I couldn't break his grip. He dragged me into the corner of the room. I screamed and screamed but it was well after the end of the school day and I guess no one heard me. He pushed me down on my knees and he opened his pants. Then he pulled my mouth open and forced himself in. He said 'you even think about biting me and you'll regret it'. He still had my head in his hands, I didn't know what he'd be able to do and I was afraid to take the chance. He finished and he tipped my head back and held my mouth shut. He said 'swallow or I'll let you suffocate' and I didn't feel like I had a choice. I thought I was going to be able to get out of there, but instead of letting me go, he laid me down on the floor and pulled down my pants. I started screaming again, but still nobody came."

Elliot had Olivia's hand in a death grip, but she didn't care. She was more worried about what it was doing to him, hearing his daughter recount the details of her violent assault. She had heard them; he hadn't. If it had been up to her, he never would have, but he would have sooner died than leave her to face this alone."

"He pulled down his pants and shoved himself inside me. It really hurt - I was a virgin. It felt like he was tearing into me. I was crying and screaming, and he told me to shut up, I was lucky to be with a man like him, most girls would never get so lucky. It felt like it went on forever. When he was finally done, he told me to pull up my pants and get out. Then he told me not to tell because if I did he'd fail me and Julliard might revoke my admission."

"Did you tell anyone?"

"Yes. I told my brother." She looked across the courtroom, meeting her brother's eyes. "He told the police. Detective Benson questioned me, and I told her what happened."

"Thank you, Miss Stabler. People's exhibits twenty-one and twenty-two. Photographs from the examination of Elizabeth Stabler and DNA results on the rape kit taken on the date in question." She handed them to the jury. "Your witness."

"Miss Stabler," Langan began, "who is your father?"

She looked a little confused but answered anyway. "Elliot Stabler."

"This is the same Elliot Stabler who retired last year from the New York police force?"

"Yes, that's right."

"What unit did your father work in immediately prior to his retirement?"

"Objection!" Alex called out. "Relevance?"

"I'll allow it," the judge replied, "but get to the point, Mr. Langan. The witness may answer the question."

"Special Victims."

"Which is usually referred to as sex crimes, am I right?"

"I've heard that, yes."

"So your father handled more than a few rape cases over the course of his career, didn't he?"

"Yes."

"Did he ever speak to you about them?"

"Sometimes."

"Objection!" Alex said again. "If this is Mr. Langan's point, I fail to see the relevance."

"Mr. Langan, is there a point to this line of questioning?"

"Yes, Your Honor."

"Then make it."

"Miss Stabler, did your father ever discuss the issue of false sexual abuse allegations with you?"

"Once or twice."

"What did he say happened to the perpetrators?"

"He said their lives were ruined. That even if the courts cleared them they couldn't go back to the way things were."

"'Their lives were ruined'. By a simple allegation. That's a lot of power, isn't it?"

"Objection! The witness isn't qualified to answer that."

"Sustained."

"I'll rephrase. Miss Stabler, what happened after you accused your teacher of rape?"

"He was arrested."

"Isn't it also true he lost his job?"

"I - I guess so."

"Did you know Detective Benson prior to April twenty-fifth?"

"Yes, she was my father's partner."

"So she'd be likely to believe you over a random teacher you'd never met."

"Objection!"

"Sustained!"

"You say your brother told the police you were raped. Which precinct did he go to to report this?"

"He didn't," she said softly. "The police came to our school."

"Responding to a call."

"Yes."

"Miss Stabler, what was that call about?"

"My brother punched him," she admitted. "The man who raped me."

"Is that so? Your brother punched a man, then when the cops show up, he tells them the police raped his sister. A nice setup, don't you think?"

"It's not a setup! It's the truth!"

"He gets off on the charge of assault, and the man he assaulted goes to prison for rape! Or was that the plan all along?"

"No!" Elizabeth yelled at the same time as Alex yelled "Objection!"

"Maybe you weren't a part of it in the beginning." Langan all but drowned out the judge's "Sustained!" as he pressed. "Your brother punched a teacher. Maybe he planned it, maybe it was impulsive, but either way, he cried rape through you, and you had to back him up!"

"The objection is sustained, Mr. Langan!" the judge scolded. "The jury will disregard the last statement from the defense."

"Miss Stabler, where do you attend school now?"

"I'm a first-year student at Julliard."

"But Mr. Bakersfield said that if you told, he would fail you and you might lose your admission. What was your final grade in the class he had taught?"

"A-minus."

"So he didn't fail you."

"No. He never got the chance."

"Did you believe his threat?"

"It didn't really register, I guess. I was so shaken up by what had just happened."

"But because you turned him in, he never got the chance to fail you."

"That's right."

"Several other witnesses testified that they didn't turn him in because they feared him making good on his threat. But he couldn't, once the allegation had been made, could he?"

To Olivia's surprise, what might have been a smirk crossed Elizabeth's face. "As you pointed out yourself, I know more about the law and how rape cases work than your average Joe."

Olivia almost laughed. If there had been any question as to whose daughter the girl on the stand was, what she had just done erased it in a second.

"No further questions."

"Redirect, your honor?" Alex was up before the last word was out of Langan's mouth.

"Proceed."

"Miss Stabler, when your father talked to you about false rape allegations, did he ever encourage using such an allegation for any reason?"

"No! Absolutely not! He said the only people who deserved to go through what people who are accused of rape do are the real rapists. He also said that every false allegation makes it that much harder for the real victims."

"Thank you. No further questions."

"You may step down, Miss Stabler. We'll reconvene after lunch."

Elizabeth had seemed composed on the stand, but as she walked out of the courtroom, Olivia could see that she was shaking. Elliot met his daughter with a warm embrace. "You did good, baby," he whispered. "I'm so proud of you."

Kathy, Richard and Kathleen joined the embrace. Olivia started to step back, give them a little space, but Elliot grasped her by the arm and pulled her in too. "You're a huge part of this, Liv," he whispered. "Don't think I'll let you get away with hiding out in the corner."

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Richard's testimony was fairly straightforward, answering many of the same questions as his sister. For all Langan's faults, he wasn't stupid, and he seemed to realize that if he asked Richard the same questions Alex had already objected to the judge would be less than pleased.

But the lawyer still had a few dirty tricks up his sleeve. Alex's examination of Olivia was also a standard set of questions she could have answered in her sleep, but Langan's cross was a different story.

"Detective Benson, Miss Stabler testified that you and her father were partners for - how long was it?"

"Twelve years."

"Twelve years. And did you recognize Miss Stabler before she identified herself?"

"Yes."

"So you were maybe more inclined to believe her than you might have been in the case of a stranger?"

"I always believe the victims," she replied evenly. "And I've been wrong in that before, but that has nothing to do with my relationship to the victim."

"In addition to Miss Stabler, you also were the first to interview Lisette Jamieson and Kendra Harris, were you not?"

"Yes, that's right."

"Detective Benson, did you speak to your former partner before you spoke to Miss Jamieson and Miss Harris?"

"I did."

"Was he upset?"

"Of course. Any decent father would be."

"He wanted to make sure the man who raped his daughter was punished for it."

"That's right."

"Did he communicate this to you?"

"Yes, of course."

"So when you interviewed Miss Jamieson and Miss Harris, you already believed my client was guilty."

"I believed he was guilty of raping Elizabeth Stabler. I also know from experience that there are few rapists out there with only one victim. And like I said, Mr. Langan, I believe the victims."

"Miss Harris came to you, is that correct?"

"Yes."

"And Miss Jamieson? Did she come to you?"

"No," Olivia admitted. "I sought her out on a tip."

"From whom?"

"Elizabeth Stabler's older sister Kathleen." Best to preempt one of his questions. If she only gave the name, his next question would be whether Kathleen was related to Elizabeth.

"And Kathleen Stabler got the information where?"

"Objection!"

"Approach, Your Honor?" Langan shot back.

She waved them over, covering her microphone. "Mr. Langan?"

"Goes to a pattern of behavior, Your Honor. I believe the source of her information is Richard Stabler - the same Richard Stabler who first reported the rape of his sister."

"Your Honor," Alex protested. "Apart from the sheer absurdity of Mr. Langan's conspiracy theory, unless Detective Benson was present when Richard and Kathleen Stabler spoke, and I don't believe Mr. Langan is alleging that she was, any knowledge she has of this conversation is hearsay. That's inadmissible."

"Agreed, Miss Cabot. Step back. The objection is sustained."

"Did Kathleen Stabler know her sister had been raped when she told you about Miss Jamieson?"

"I don't think so. When we spoke shortly thereafter, she was angry at me for not telling her. Why would she be angry at me for not telling her something she already knew?"

"No further questions for this witness."

One, maybe two more chapters to go!

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