Chapter Thirteen
The Christmas holidays had passed, and it was now January 9th, the date of the start of the trial. The courtroom was packed once more. The Chief Judge of the county entered the room and she called for order once more. Nearly all of the accusers were standing by to testify against their tormentor, in an anteroom just down the hall. One person who wasn't there was Sharon, the girlfriend of the accused. Larry's accusations of Sharon's bribery had led to her being charged with obstruction of justice. She was now being held without bail.
As for Henderson, he had completed his assessment as per court order, but his bail too was now revoked as his surety was now void and no one else stepped forward to keep him out of jail. His face was inscrutable, but most of the spectators suspected his defense team had at least a few tricks up their sleeves.
"Good morning, ladies and gentlemen," said the Chief Judge. "We are on the record in the matter of 05-GO-372939458231, State of California v. Frank Henderson.
"In accordance with my previous order, counsels for the State and the Defense retained psychiatric experts to examine Defendant Henderson. Both sides have disclosed their respective findings to the other party, and I am now entering those findings into the evidentiary record as State Exhibit No. 1 and Defense Exhibit No. 1, respectively."
The examinations showed that Henderson certainly had rather eccentric views about sex, especially sex with minors. Both psychiatrists had concluded his claim that he was a "sexual addict" as per the DSM-IV-TR was a valid one, but neither doctor could assert with assurance either that he could distinguish between right and wrong or he was just plain insane.
"Mr. Henderson," continued the judge, "you previously indicated you wished to waive your right to a jury. You have an opportunity to reconsider that now." She looked down at the defendant, hoping he might at least ask for a jury along with a change of venue, since he was convinced no jury in Glen Oak would treat him fairly.
"No, Your Honor," replied Henderson, "I stand by my previous decision. I trust your good judgment, Ma'am, and will abide by whatever your conclusions are. I can accept the consequences also."
"Very well." The judge sighed. She turned to the District Attorney's desk. "Counsel for the State, are you ready to deliver the opening address?"
"We are, Your Honor," replied Janice Carter, the ADA who had examined Ruthie and Peter at the Grand Jury. "Madam Chief Judge, Counsels for the Defense, this is a very simple case. Frank Henderson, a man of high authority in this community, stands accused of betraying the trust of some of the most solemn charges our society can offer: our children. We will show that a number of students in this town and elsewhere unwittingly placed themselves in the purview of Mr. Henderson, a man who gratified himself by taking advantage of those students ."
Janice went on for nearly a half-hour describing the case the county DA had asked her to prove. In the back, dozens of newspaper reporters were furiously typing notes into their portable computers while a pool camera was broadcasting the trial to all of the local network affiliates and to some of the national news channels.
"Mr. Henderson will try to convince this court that either he didn't know what he was doing, or he couldn't help himself," Janice concluded. "I humbly submit, Madam Chief Judge, that assertion makes a mockery of due process as well as the DSM-IV-TR. Henderson is a menace to all we hold dear. He knew exactly what he was doing, and enjoyed it at the expense of his victim's misery. We will not only prove that he is guilty beyond a reasonable doubt on all charges, but that he is also a 'Dangerous Sexual Predator' and merits being confined not to a term of months or even years, but indefinitely."
While California law allowed the State to seek such a designation against repeat rapists, this was the first anyone had heard of any intention to go for what was effectively a sentence of life without parole as rarely if ever a selected 'dangerous offender' was released back into the community. In fact, as late as the previous evening, the DA had decided against it, thinking that Henderson's actions while reprehensible might have been the result of impulse and that he could still be treated.
Janice, however, decided on it just a few minutes before, figuring she had nothing to lose by doing so. Henderson truly sickened her - in fact, she couldn't stand breathing the same air he was exhaling at this moment.
The lead defense attorney stood up. He was going to ask for a recess, but figured the judge might overrule him. He decided to wait until closing statements to challenge his colleague on the issue she had just raised.
"Madam Chief Judge, Counsels for the State," he began, "this is a simple case, but not for the reasons my learned friend asserts. Mr. Henderson concedes he did have sexual relations with a number of his accusers and that he did use surveillance technology to invade the privacy of the rest, but he asserts that in all cases the activity was consensual in the former or that the accusers should have reasonably expected in a school setting that all their activities would be monitored in the latter.
"As a matter of law, therefore, we assert that the defendant is not guilty. If, however, Your Honor finds that the accusations are true beyond a reasonable doubt, we submit that Mr. Henderson was not capable of discerning what was right and what was wrong; that he could not appreciate the impact his actions would have had on the accusers. In short, he would be not criminally responsible by reason of mental deficiency."
In one fell swoop, the defense had turned the tables on Janice. Since she was asking for a 'bifurcated' or two-stage trial, one to determine guilt and one to determine whether he was a menace to society, it was perfectly reasonable for Henderson to ask for bifurcation at the verdict stage. He had just changed his plea to 'not guilty,' period - but was now giving the judge the option of three verdicts: guilty, not guilty, or insane.
Janice decided to pass on a rebuttal. She instead decided to call her first witness.
"The State calls Lucy Camden Kinkirk to the stand."
A side door was opened, the anteroom where the witnesses were waiting their turns. After the perfunctory swearing in, Lucy sat in the witness box. She slowly eased her way into the chair as she was now six months pregnant.
"Mrs. Kinkirk ." began Janice.
"Reverend," corrected Lucy.
"Sorry, Reverend, I stand corrected," said Janice. "You are one of the associate ministers of Glen Oak Community Church, are you not?"
"I am."
"How long have you held that post?"
"It's been about a year and a half," replied Lucy. "I was hired right after my ordination."
"Your father, Rev. Eric Camden, is the head minister," added Janice.
"He is."
"Rev. Kinkirk, would you tell us where or when you met the defendant, Frank Henderson?"
"I only heard of him recently," admitted Lucy. I never had him as a teacher in high school. And please, it's Lucy."
"The State enters into evidence People's Exhibit No. 2." Janice played the tape of Lucy fondling herself in the girl's restroom. At the Grand Jury, Janice only showed her a brief portion of the tape. This time, however, the State ran the entire twenty-minute episode. Lucy was obviously embarrassed by it, but she was ready for the inevitable questions.
"Lucy, why were you there that day, and what made you do that?" asked Janice.
Lucy recounted what had happened the previous few days. She admitted that at the time she and Annie weren't on the best of terms, but that both had long considered the matter closed.
"Your witness," said Janice.
"Reverend," began the defense attorney (choosing to address Lucy formally), "were you in any relationships at the time of this incident?"
"If you're asking me if I was going steady at the time, no, Counselor, I wasn't," replied Lucy. "I did have a number of friends, both male and female, but they were all friends, and that's all."
"In the months and weeks leading up to this incident," continued the lawyer, "did you ever get the impression that any of a number of members of your family had feelings for you beyond what would normally be expected in a non-arms length relationship?"
"No," said Lucy.
"Did you ever have feelings for your parents or siblings that went beyond what would be expected of a fourteen-year old adolescent girl?"
"I don't think that's relevant," said Lucy angrily. "But since you're going to insist, I'll confess, yes I did have feelings like that at that age for Matt and Simon, and even Mary. But never my parents and definitely not Ruthie. No, I spoke it out loud; and no, I categorically never acted on those impulses. But what do you expect? At that age, you get turned on by everything - and I do mean everything, even a stupid rock. Even then, what possible relevance does that have in the case against Mr. Henderson? My credibility is not on the line here."
"As a minister's daughter," said the lawyer, "the community holds you to a higher standard; as a minister now, an even higher one than that."
"I'm aware of that," seethed Lucy. "But I'm a human being, too. Juveniles are generally held to a lower standard because they don't always appreciate between right and wrong. Your client was already an adult when he invaded my privacy. Whether he knew what he was doing was wrong is something only Her Honor can decide. But I've made up my mind."
"No further questions."
Lucy stepped down. The next witness was Rod, now a lieutenant in the Marines. He was followed over the next few days by Jordan, Jimmy Moon, Suzanne, Laurie and Shelby, Karen, Mike Pierce and several other victims, including his estranged wife. They were followed by Larry and Rhiannon. Finally, at the end of Week One, Peter and Ruthie had their turns on the stand.
Ruthie spoke last. On cross-examination, she conceded that her relationship with Peter was not merely platonic or a one-night stand, but an on-going physical and a spiritual one as well. When she was asked if Peter had gotten her pregnant, however, Ruthie paused. Peter had not been asked if he had knocked up his girlfriend, and from his place in the spectator section where he sat after his testimony, he clenched his fists on his sides feeling that the double standard was totally unfair.
"Are you now pregnant?" the lawyer persisted.
"Objection," said Janice in exasperation, but the judge overruled it and insisted that Ruthie answer the question.
"No, I am not pregnant right now," said Ruthie. "I did have an abdominal hemorrhage just before Christmas, but whether that was a result of a miscarriage or something else is something I really don't know. I was so distraught that I don't even remember now being told I had had a miscarriage or whatever it was. If I was pregnant, maybe the doctors were doing me a favor by not reporting it to the HMO. Besides, three of my siblings are expecting right now. It'd be weird if it was four out of seven."
As Ruthie left the stand, having been excused, she looked her boyfriend and their friends. While her answer was technically truthful, Peter, Rhiannon and Malcolm all knew she had just committed perjury because it wasn't the WHOLE truth. She had been pregnant; the doctor at the hospital had told them as much. But she was in a catch-22. To admit she told the doctor to lie would cost him his license and possibly her future insurance coverage. But she was protected by the physician-patient privilege. On the other hand, to admit to lying on the stand would cost her freedom and throw the entire case into disarray.
But she felt justified in fibbing a little. After all, as Simon once said (in reference to the Bill and Monica Show), politicians figured out ways of skirting the laws they had passed all the time.
Janice had no idea what had just happened. Still, she felt that the entire matter had been more than proven. The state rested its case.
The Christmas holidays had passed, and it was now January 9th, the date of the start of the trial. The courtroom was packed once more. The Chief Judge of the county entered the room and she called for order once more. Nearly all of the accusers were standing by to testify against their tormentor, in an anteroom just down the hall. One person who wasn't there was Sharon, the girlfriend of the accused. Larry's accusations of Sharon's bribery had led to her being charged with obstruction of justice. She was now being held without bail.
As for Henderson, he had completed his assessment as per court order, but his bail too was now revoked as his surety was now void and no one else stepped forward to keep him out of jail. His face was inscrutable, but most of the spectators suspected his defense team had at least a few tricks up their sleeves.
"Good morning, ladies and gentlemen," said the Chief Judge. "We are on the record in the matter of 05-GO-372939458231, State of California v. Frank Henderson.
"In accordance with my previous order, counsels for the State and the Defense retained psychiatric experts to examine Defendant Henderson. Both sides have disclosed their respective findings to the other party, and I am now entering those findings into the evidentiary record as State Exhibit No. 1 and Defense Exhibit No. 1, respectively."
The examinations showed that Henderson certainly had rather eccentric views about sex, especially sex with minors. Both psychiatrists had concluded his claim that he was a "sexual addict" as per the DSM-IV-TR was a valid one, but neither doctor could assert with assurance either that he could distinguish between right and wrong or he was just plain insane.
"Mr. Henderson," continued the judge, "you previously indicated you wished to waive your right to a jury. You have an opportunity to reconsider that now." She looked down at the defendant, hoping he might at least ask for a jury along with a change of venue, since he was convinced no jury in Glen Oak would treat him fairly.
"No, Your Honor," replied Henderson, "I stand by my previous decision. I trust your good judgment, Ma'am, and will abide by whatever your conclusions are. I can accept the consequences also."
"Very well." The judge sighed. She turned to the District Attorney's desk. "Counsel for the State, are you ready to deliver the opening address?"
"We are, Your Honor," replied Janice Carter, the ADA who had examined Ruthie and Peter at the Grand Jury. "Madam Chief Judge, Counsels for the Defense, this is a very simple case. Frank Henderson, a man of high authority in this community, stands accused of betraying the trust of some of the most solemn charges our society can offer: our children. We will show that a number of students in this town and elsewhere unwittingly placed themselves in the purview of Mr. Henderson, a man who gratified himself by taking advantage of those students ."
Janice went on for nearly a half-hour describing the case the county DA had asked her to prove. In the back, dozens of newspaper reporters were furiously typing notes into their portable computers while a pool camera was broadcasting the trial to all of the local network affiliates and to some of the national news channels.
"Mr. Henderson will try to convince this court that either he didn't know what he was doing, or he couldn't help himself," Janice concluded. "I humbly submit, Madam Chief Judge, that assertion makes a mockery of due process as well as the DSM-IV-TR. Henderson is a menace to all we hold dear. He knew exactly what he was doing, and enjoyed it at the expense of his victim's misery. We will not only prove that he is guilty beyond a reasonable doubt on all charges, but that he is also a 'Dangerous Sexual Predator' and merits being confined not to a term of months or even years, but indefinitely."
While California law allowed the State to seek such a designation against repeat rapists, this was the first anyone had heard of any intention to go for what was effectively a sentence of life without parole as rarely if ever a selected 'dangerous offender' was released back into the community. In fact, as late as the previous evening, the DA had decided against it, thinking that Henderson's actions while reprehensible might have been the result of impulse and that he could still be treated.
Janice, however, decided on it just a few minutes before, figuring she had nothing to lose by doing so. Henderson truly sickened her - in fact, she couldn't stand breathing the same air he was exhaling at this moment.
The lead defense attorney stood up. He was going to ask for a recess, but figured the judge might overrule him. He decided to wait until closing statements to challenge his colleague on the issue she had just raised.
"Madam Chief Judge, Counsels for the State," he began, "this is a simple case, but not for the reasons my learned friend asserts. Mr. Henderson concedes he did have sexual relations with a number of his accusers and that he did use surveillance technology to invade the privacy of the rest, but he asserts that in all cases the activity was consensual in the former or that the accusers should have reasonably expected in a school setting that all their activities would be monitored in the latter.
"As a matter of law, therefore, we assert that the defendant is not guilty. If, however, Your Honor finds that the accusations are true beyond a reasonable doubt, we submit that Mr. Henderson was not capable of discerning what was right and what was wrong; that he could not appreciate the impact his actions would have had on the accusers. In short, he would be not criminally responsible by reason of mental deficiency."
In one fell swoop, the defense had turned the tables on Janice. Since she was asking for a 'bifurcated' or two-stage trial, one to determine guilt and one to determine whether he was a menace to society, it was perfectly reasonable for Henderson to ask for bifurcation at the verdict stage. He had just changed his plea to 'not guilty,' period - but was now giving the judge the option of three verdicts: guilty, not guilty, or insane.
Janice decided to pass on a rebuttal. She instead decided to call her first witness.
"The State calls Lucy Camden Kinkirk to the stand."
A side door was opened, the anteroom where the witnesses were waiting their turns. After the perfunctory swearing in, Lucy sat in the witness box. She slowly eased her way into the chair as she was now six months pregnant.
"Mrs. Kinkirk ." began Janice.
"Reverend," corrected Lucy.
"Sorry, Reverend, I stand corrected," said Janice. "You are one of the associate ministers of Glen Oak Community Church, are you not?"
"I am."
"How long have you held that post?"
"It's been about a year and a half," replied Lucy. "I was hired right after my ordination."
"Your father, Rev. Eric Camden, is the head minister," added Janice.
"He is."
"Rev. Kinkirk, would you tell us where or when you met the defendant, Frank Henderson?"
"I only heard of him recently," admitted Lucy. I never had him as a teacher in high school. And please, it's Lucy."
"The State enters into evidence People's Exhibit No. 2." Janice played the tape of Lucy fondling herself in the girl's restroom. At the Grand Jury, Janice only showed her a brief portion of the tape. This time, however, the State ran the entire twenty-minute episode. Lucy was obviously embarrassed by it, but she was ready for the inevitable questions.
"Lucy, why were you there that day, and what made you do that?" asked Janice.
Lucy recounted what had happened the previous few days. She admitted that at the time she and Annie weren't on the best of terms, but that both had long considered the matter closed.
"Your witness," said Janice.
"Reverend," began the defense attorney (choosing to address Lucy formally), "were you in any relationships at the time of this incident?"
"If you're asking me if I was going steady at the time, no, Counselor, I wasn't," replied Lucy. "I did have a number of friends, both male and female, but they were all friends, and that's all."
"In the months and weeks leading up to this incident," continued the lawyer, "did you ever get the impression that any of a number of members of your family had feelings for you beyond what would normally be expected in a non-arms length relationship?"
"No," said Lucy.
"Did you ever have feelings for your parents or siblings that went beyond what would be expected of a fourteen-year old adolescent girl?"
"I don't think that's relevant," said Lucy angrily. "But since you're going to insist, I'll confess, yes I did have feelings like that at that age for Matt and Simon, and even Mary. But never my parents and definitely not Ruthie. No, I spoke it out loud; and no, I categorically never acted on those impulses. But what do you expect? At that age, you get turned on by everything - and I do mean everything, even a stupid rock. Even then, what possible relevance does that have in the case against Mr. Henderson? My credibility is not on the line here."
"As a minister's daughter," said the lawyer, "the community holds you to a higher standard; as a minister now, an even higher one than that."
"I'm aware of that," seethed Lucy. "But I'm a human being, too. Juveniles are generally held to a lower standard because they don't always appreciate between right and wrong. Your client was already an adult when he invaded my privacy. Whether he knew what he was doing was wrong is something only Her Honor can decide. But I've made up my mind."
"No further questions."
Lucy stepped down. The next witness was Rod, now a lieutenant in the Marines. He was followed over the next few days by Jordan, Jimmy Moon, Suzanne, Laurie and Shelby, Karen, Mike Pierce and several other victims, including his estranged wife. They were followed by Larry and Rhiannon. Finally, at the end of Week One, Peter and Ruthie had their turns on the stand.
Ruthie spoke last. On cross-examination, she conceded that her relationship with Peter was not merely platonic or a one-night stand, but an on-going physical and a spiritual one as well. When she was asked if Peter had gotten her pregnant, however, Ruthie paused. Peter had not been asked if he had knocked up his girlfriend, and from his place in the spectator section where he sat after his testimony, he clenched his fists on his sides feeling that the double standard was totally unfair.
"Are you now pregnant?" the lawyer persisted.
"Objection," said Janice in exasperation, but the judge overruled it and insisted that Ruthie answer the question.
"No, I am not pregnant right now," said Ruthie. "I did have an abdominal hemorrhage just before Christmas, but whether that was a result of a miscarriage or something else is something I really don't know. I was so distraught that I don't even remember now being told I had had a miscarriage or whatever it was. If I was pregnant, maybe the doctors were doing me a favor by not reporting it to the HMO. Besides, three of my siblings are expecting right now. It'd be weird if it was four out of seven."
As Ruthie left the stand, having been excused, she looked her boyfriend and their friends. While her answer was technically truthful, Peter, Rhiannon and Malcolm all knew she had just committed perjury because it wasn't the WHOLE truth. She had been pregnant; the doctor at the hospital had told them as much. But she was in a catch-22. To admit she told the doctor to lie would cost him his license and possibly her future insurance coverage. But she was protected by the physician-patient privilege. On the other hand, to admit to lying on the stand would cost her freedom and throw the entire case into disarray.
But she felt justified in fibbing a little. After all, as Simon once said (in reference to the Bill and Monica Show), politicians figured out ways of skirting the laws they had passed all the time.
Janice had no idea what had just happened. Still, she felt that the entire matter had been more than proven. The state rested its case.