Evergreen Courthouse Day Four
Today was the final day that both sides called up their witnesses to give their verdict of events from what Mrs Jensen told me. The last two that were scheduled were Monty De la Cruz and Justin Foley.
Before the trail could begin for the day I pulled Zach to one side in the corridor of the courthouse. He had red eyes and looked exhausted from yesterday's testimony. I did feel bad for him when the missing polaroids were presented to him
'What the hell man, are the polaroids Mrs Golden produced yesterday even real?'
'Yes they are real Mason'
'So why were you hiding them from the rest'
'I was trying to keep everyone's name out of it so it solely focuses on Bryce'
'You've made it look like we all have something to hide from the clubhouse'
'Shit….how bad do you think this has affected the trail?'
'I spoke to Mrs Jensen last night and she told me it shouldn't take much focus away from Bryce from what she has seen'
'That's good then'
'But she would have liked to have known about it with the other polaroids instead learning about them during the trail'
'I'm sorry Mason, I thought I was doing what was best for everyone by keeping them out of it'
'It's okay Zach'
'Guess I was just scared if Bryce was going down then you, me and the others were going to prison with him'
'That wouldn't have happened without a separate trial for everyone first' I admitted. 'If we all go down then the prison would have gained one hell of a sport team to field against other state prisons'
Zach chuckled lightly at the thought of all of us sharing a prison centre together and still playing as a team. In reality he was just over thinking things from his testimony yesterday, I did feel bad for him that if this trail goes wrong he will partly blame himself for it afterwards
'If you're still worried or got any questions about the trial then speak to Mrs Jensen, she'll put your mind at ease'
'She's busy with the trail right now Mason, she ain't gonna have time for me to answer my questions'
'We're all asking Mrs Jensen questions everyday about what could happen next, just speak to her and she'll make some time for you'
The doors to the courtroom bursted opened and Jessica stepped out into the empty corridor, her eyes scanning left and right for me before coming over to us, linking her arm through mine
'The trail is about to start soon. Are you both coming or are you gonna stay out here?'
'We're coming Jess' I replied
With our arms linked together Jessica guided us back to the courtroom to take our seats just behind the prosecution team, bunching up on our row of seats we made some room for Zach to join us. Judge Haroldean banged his gavel and ordered the trail to be in session once everyone was in place
With Montgomery waiting in the witness stand to give his testimony, Mrs Jensen passed to go first and allowed the defence to begin the new piece of cross examination. Mrs Golden got up from her chair and started proceedings
'Mr De La Cruz, can you tell the jury how long you've been friends with Mr Walker?'
'We've been best friends since kindergarten Mrs Golden'
'Would you say you both are more like brothers than friends'
'I would agree with that statement'
'From past testimony and allegations against your brother, what do you make of them' she proclaimed
'They are very inaccurate and false to be honest'
'Can you expand further on that point Montgomery?'
'Look I know my brother and he can be a bit full on when he parties but those statements about him are simply not true' Monty stated
'You don't believe he allegedly assaulted and raped either Miss Baker and Miss Davis'
'I'm not saying I don't believe them but there might have been some misunderstandings between the two girls and Bryce'
'And what would those misunderstandings be?' she exclaimed
'This is not the first time my best friend has been accused of rape before'
'When were these first allegations made?' Mrs Golden questioned
'It was a couple of years back from a young woman named Emily Hayes. She accused him of rape to extort money from him and he was a easy target to exploit because of his family's wealth'
'Do you think Miss Baker and Miss Davis could have possibly done the same thing'
'Well it's no secret that the Baker family are in financial ruins so Hannah might have falsely accused Bryce to help her family out of trouble' he suggested
'And what about Miss Davis? What reason could she possibly have to accuse Mr Walker'
'Personal gain I suppose Mrs Golden. Her family does move around a lot for her father's job'
'I see Mr De La Cruz' She replied. 'About the two parties in question, did you attend either of those?'
'I was present at both parties Mrs Golden from start to finish' Monty stated
'Did you see Mr Walker act or behaviour suspiciously around either of the two young women on either night'
'I didn't leave Bryce's side on the night of the parties and even when he was gone it was no more than a few minutes at a time'
'Can anyone else corroborate your version of events that Bryce was mostly by your side that night?'
'Plenty of people can Mrs Golden, I'm sure Zach or Justin would tell you the same thing if you asked'
'To the best of your knowledge Mr De La Cruz, how was Mr Walker's demeanour in the weeks prior to either of the two incidents?'
'I never noticed a change in Bryce. To me he was the same old confident and funny guy that I know and love'
'No further questions your honour'
Mrs Golden finished her line of questioning and retook her seat at the defence team table, she looked confident that her line of cross examination had put some doubt in the juror's mind.
Monty took a sip of his water while the prosecution team sorted themselves out, Mrs Jensen looked at her notes before folding the paper up and keeping a tight grip on it
'During your cross examination with Mrs Golden, I was confused with some of your statements and I'm pretty sure the jury was also. So hopefully together we can clear up the confusion'
'Ok Mrs Jensen'
'Let's start with how reliable you are as a witness to give a character testimony'
'Objection your honour' Mrs Golden interjected, getting up from her chair in uproar. 'The relevance of this line of questioning from the prosecution. Mr De La Cruz was approved before the trail to testify from both sides'
'If I'm allowed to continue with my cross examination your honour, you will see the relevance of it' Mrs Jensen proclaimed
Judge Haroldean pondered his thoughts for a few minutes before making a decision, he nodded his head and allowed the prosecution to carry on as Mrs Golden deliberated with her team
'Going through your school record Mr De La Cruz, I came across your teacher's report card. Would you agree they are a fair reflection'
'I'd say so Mrs Jensen' he muttered
'From what I have read, your teachers have stated that you have behavioural issues, mood swings and a consistent liar'
'That last part is not entirely true, I don't agree with that judgement'
'These are the teachers that have watched you grow from a little boy to a young adult Mr De La Cruz. You agreed that the teacher report cards were a fair reflection so what has changed in the last few moments'
'I don't know Mrs Jensen, those report cards were in the past so I don't think it's fair reflection now'
'Everything I had just stated was written in the last two yearly report cards' She informed him. 'You have testified that Mr De La Cruz that you were by Mr Walker's side throughout Jessica's party, correct?'
'Correct'
'But judging by these surveillance photo from a neighbour's camera across the street, you left the party numerous times so how can you know what Mr Walker was doing when you were gone for large periods of time' she questioned, dropping the photos in front of him
'I was out getting supplies for the party for no more than ten to fifteen minutes at a time'
'From the time stamps on these photos you were actually gone between thirty to forty minutes Mr De La Cruz' Mrs Jensen stated. 'How could you have possibly known what was happening at the party?'
'I...umm….' he mumbled
'You don't seem to have an answer Mr De La Cruz because you couldn't have been in two places at once. Judging by the photo time stamp when you returned to the house it was after the assault had taken place in Miss Davis' bedroom'
'This assailant could have been anyone, there was over a hundred people at the party'
'If this is the narrative you're going to keep about Miss Davis' party that it was someone else then let's talk about Mr Walker's party'
'Ok Mrs Jensen'
'Where were you located most of the night at the party'
'I didn't really spend the night socializing that much other than with Alex Standall in the outhouse playing video games'
'Did you see or hear anything that might have caught your attention from inside the outhouse'
'None whatsoever, we were drinking a little bit and we had the volume turned up quite high on the tv'
'That's contradictory to what you have said to the police in a written statement that you have signed'
'I gave that statement a couple of months ago and I can't remember what I had told the two officers'
;Then let me refresh your memory for you. Mr De La Cruz you told officers that you spilt your drink over the coffee table and Alex paused the game so you could clean up the mess correct'
'I kinda remember saying that'
'You then got some paper towels but you could hear a moan coming outside of the outhouse. You looked through the blinds and saw Mr Walker in the hot tub with someone, after Alex asked who was out there you said and I quote "It's Bryce, fucking some chick in the hot tub" Correct'
'I vaguely remember saying that also to the officers but I didn't see who was in there with him'
'From testimonies we've heard this week we know it was Mr Walker and Miss Baker in the hot tub. Do you believe your best friend is capable of committing theses horrific acts on these two young women'
'I couldn't have possibly known what was spoken between those two outside in the hot tub and I still believe my best friend is innocent'
'Then why would Miss Baker try to take her own life a week after the assault?'
'Maybe she was ashamed that she had an encounter with him and gossip about it started spreading around the school what happened that night'
'Hmm maybe you're right about your best friend Mr De La Cruz that he didn't do anything wrong or your teachers are right about you. You've been a consistent liar throughout your testimony'
'That's slander Mrs Jensen I haven't lied once'
'If you think your best friend is still innocent then take a look at these then' Mrs Jensen dropped a new collection of photos on the witness stand for Monty to view. 'This is surveillance footage photos outside of the outhouse overlooking the hot tub, the rape was caught on camera'
Monty turned pale in the face as he flipped through the small album of photos, Mrs Jensen returned to her seat and mouthed sorry to Hannah. She had done the right thing and put reasonable doubt out of the window with her evidence
'No further questions your honour'
Judge Haroldean banged his gavel across his desk a couple of times and ordered a break in the trial. Once we had reconvene after the break it was time for Justin Foley to give his testimony before the prosecution and defence gave their final statements….
Justin was ushered into the room before anyone else so we were ready with the last part of the trail, everyone took their position for what could be the final time before a verdict was deliberated and reached. Mrs Golden went first knowing she was already losing the battle to get Bryce acquitted with photo evidence against his name
'Can you explain your relationship with the three people involved in this trail' She asked
'Well Bryce is my best friend and the two girls are two people that go to my school, Miss Davis was at the time my girlfriend for a couple of months but things ended quickly'
'May I ask what happened to your relationship'
'Whilst we had things in common there were more differences than first thought'
'Could you say that led to a lot of rows and fighting near the end of the relationship'
'I guess so Mrs Golden'
'And then in turn you both could have possibly acted out of character near the end of the relationship correct'
'Nothing like that happened near the end, we started drifting apart and fell out of love'
'But you would have noticed the signs something wasn't right in the relationship, that she wasn't fully committed in a relationship with you'
'Yes I would have Mrs Golden'
'Did you notice any of those signs at the night of her party?'
'I mean we were both nervous that night because we decided to go official in our relationship so I could understand if she wanted to act like we were just friends at first'
'You both went upstairs to her bedroom later during that night. Somehow you ended up outside in the corridor and your girlfriend and Bryce were in her room. Instead of going back inside you went back to the party, why was that?'
'I don't know why I went back to the party downstairs, I wasn't thinking clearly that night and sat depressed on the couch about something'
'So you don't know for sure what was spoken between Miss Davis and Mr Walker and if they consented to sexual activites that night. Then how can we be sure who's story to believe?' She stated. 'Moving onto Mr Walker's party, can you tell the jury your version of events of that night'
'Well Bryce invited a handful of friends and you know how that invitation extends out to their friends. It was much later into the night that Hannah showed up'
'From past testimony it seems it didn't take much persuasion to get Hannah to join you in the hot tub correct'
'That's correct she joined a few of us in there but after a while we all got out to use the bathroom or to get some snacks'
'After you all left Mr Walker entered the hot tub next, according to the prosecution this was when Mr Walker decided to assault Miss Baker judging by the photos they've produced. But moments before the alleged assault there was some sort of conversation between them'
'Like I said after I left the hot tub I didn't see or hear anything from inside of the house'
'This man has been your best friend from childhood, surely you would know how he would interact around the opposite sex if he was interest in someone'
'I'd guess so Mrs Golden'
'Is it safe to presume from Mr Walker's Charm and the easy persuasion of Miss Baker that maybe consent was given at first but not verbally retracted when Miss Baker didn't want to participate anymore'
'I feel like you're trying to force me to say yes to your argument Mrs Golden'
'It's a simple question Mr Foley, Yes or no'
'No'
'Can you explain why you came to that answer?'
'There was something off about Hannah that night, she wouldn't tell you if you asked her what was wrong. I could tell she wasn't in the mood in hooking up with anyone that night'
'No further questions your honour'
Mrs Golden's last chance of swaying a jury member or two in their verdict was gone, her face turned red like she wanted to boil off steam after getting nowhere with Justin.
Justin's testimony pushed reasonable doubt out of the window even more. All the prosecution had to do was to get Justin to explain more about what he saw on both nights to make it a open and shut case
Mrs Jensen had a tinkle in her eye and knew her line of cross examination wouldn't take long as others have. The defence team had made easy picking for them to secure the guilty verdict and she needed to pull the strings lightly to make that happen
'We've heard three different testimony of what happened in Jessica's bedroom, Can you tell us what really happened that night'
'Jessica and I didn't have a moment alone and I thought let's go upstairs to have some alone time. Time we finally got onto the bed she was little drunk and passing out so I thought I better just stay with her and she can sleep it off'
'Is this when Mr Walker entered the room?' she proclaimed
'The door creaked open and Bryce stepped in, he was curious to whom I was in the room with, thinking he could join in as well. I tried to shove him back out but he wouldn't leave easily'
'Hannah's testimony was correct about what happened next. Mr Walker pushed you out of the room and locked the door and then proceeding to raping your girlfriend'
'That's correct Mrs Jensen' he gulped, tears were staining his eyes but didn't flow yet
'Why didn't you do anything to stop it Mr Foley, most people would have moved heaven and earth to get back into that room to stop their best friend from raping their girlfriend'
'My whole life he has always looked out for me and I felt indebted to him, I guess I thought it was one of those times that I owed him one and just gave him what he wanted that night'
'You do know if Mr Walker is convicted you're an accessory to one of the rapes' Mrs Jensen stated. 'You're looking at a possible sentence as well'
'I know the risks with what I disclose in my testimony'
'Again at Mr Walker's party we have several versions what happened that night, Can you tell us what you know of that night'
'It was a quiet and chilled night considering we were having a party. There wasn't any unexpected guests other than Hannah and we convinced her to join a couple of us inside the hot tub'
'And how long would you say the five of you were inside the hot tub for?'
'Well over an hour and we just left Hannah alone, she was quite content at being alone and asked if we would be back soon'
'Why would she ask that if Miss Baker was content at being alone'
'Maybe she wanted some company around her but I didn't think anything would happen to Hannah, not with that many people inside and out of the house'
'But something did happen that night Mr Foley. With photo evidence and two different testimony, what do you believe that happened that night'
'From the evidence alone I believe Hannah was raped that night'
'No further questions your honour' she concluded
Both teams had finished with their cross examination and with no one else was being called up to testify. All that was left to do for both teams was to give their final statements to the jury to swing the argument in their favour of the trial. Mrs Golden took the open space for one final time and faced the jury
'My client Mr Bryce Walker has had a privileged life compared to most people in this room but he deserves a fair and unbiased trail. Over the past four days we've had numerous testimonies but the one key thing the prosecution has failed to deliver is sufficient evidence throughout this whole trail. From the first indictment against Miss Davis there is no evidence other than he says she says and with Miss Baker there's one file of photos with context the prosecution wants you to believe' Mrs Golden explained thoughtfully. 'Once you are done deliberating you'll know my client is innocent on both charges'
Mrs Jensen took to the floor and urged the jury to take a look at the file of photos from the night of Bryce's party once again.
'This man hasn't had to work hard a single day in his life but yet with that privilege he has intentionally damaged the lives of these two young women. We may not have forensic evidence to prove our case but you have photographic evidence from the night of his party going back to when Mr Walker decided to make his own sick and disgusting collection of his antics in the clubhouse in the years prior. I hope from the character testimony you have been able to see what each individual is really like in person, Miss Baker and Miss Davis have been very brave coming forward and reporting their ordeal. Just imagine how many more broken souls Mr Walker has taken advantage of and kept their ordeal alive in his private collection over the years. It will not take you long to see what Mr Walker is truly like behind closed doors in his private collection' .
The final statements were made and both teams did their utmost best to grab the attention of the jury. Mrs Jensen sat back down and the two teams started packing up their papers from the trail.
Judge Haroldean brought the trial to a close and explained to the jury what they needed to deliberate about in the indictment. All twelve members of the jury were shown out of the room and the gallery started to disperse, the final time we would be back in this room was when a verdict was reached….
