Alex
"When did you first meet the defendant, Andrew Laurence?"
"In the afternoon of Saturday, November 9th."
"How did you come about meeting him?"
"He was a judge in one of my debates."
"Did you have any further contact with him that afternoon?"
"No. The next time-"
"Wait for the next question," I told Jamie. We were working on her testimony Sunday evening. Lucky for me, I had no social life. "When did you next have contact with Mr. Laurence?"
"Later that night. There was a small party in the dorm we were staying in, and he was there."
"Did you approach the defendant?"
"No. He approached me."
"What, if anything, did he say to you?"
"He told me that I had done really well in the debate earlier the day. We began talking about an upcoming debate."
"Did the defendant at any time suggest that you should leave?"
"He suggested that we go to my dorm room, so that he could show me a casefile on the internet."
"Did you leave with the defendant?"
"Yes."
"Did you return to your dorm room?"
"Yes."
I was worried about the answer to the next question. "I'm not going to ask you at trial, but the defence probably will. Had you been drinking or doing drugs?"
"I had had a few beers."
"Few?"
"Two plastic glasses."
"Had you had that much before."
"Once or twice. Josh got pulled over by a cop on a random test when I had had more beer than that. I had to have an alcohol field test. I was under the limit."
"Do you remember when you were pulled over?"
"Um . . . It was summer. We were on our way to Lauren's cottage. . . uh, July, early July, probably the fourth of July weekend."
I pulled out a notepad and jotted it down. "Do you know what intersection you were at?"
"No. I know that we were near a diner called Frenches's."
"How about the officer's name?"
"Willis. I think her first name started with K."
"Okay, I'll see if I can find that report. Now for the next couple of questions you're going to have to be really careful how you answer. I will guide your questions as best possible, so don't elaborate on your answer. If I need you to, I'll ask you to, okay?"
"Yeah."
Jamie
Wednesday, February 12th
"Did you go up to your dorm room with the defendant?" Alex asked. I took a deep breath. I knew that the next couple of minutes could potentially change my life forever. I tucked some random hair behind my ear.
"Yes."
"What, if anything, did the defendant do once you reached your room?"
"He closed the door. I had purposely left it open."
"What happened next?"
"Jose- I mean Mr. Laurence kissed me."
"How did you react?"
"I pulled away. I told him that I had a boyfriend."
"How did Mr. Laurence react to your comment?"
"He grabbed my wrists and threw me down on the bed." My hands were shaking. I didn't want to talk about this. I didn't want to answer these questions. I didn't want the whole court room to know what had happened that night. I wanted to go home. I wanted to find Josh. He could make it better. He could always make it better. I pinched myself, quickly snapping me back to reality. Josh was gone. I couldn't get out of this. I sat up a little bit straighter.
"What, if anything, happened next?"
"Mr. Laurence climbed on top of me. He ran his hand up my leg, and unsnapped me jeans."
"Did you say no?"
"Yes."
"Did you tell the defendant to stop?"
"Yes."
"Did the defendant stop?"
"No. He took off my jeans. His pants too." I couldn't breathe I couldn't talk about what had happened. I touched the ring that Josh had given me, feeling his presence around me, calming my nerves. "And then he raped me."
Alex didn't say anything for a minute, letting the jury murmur. "Did the defendant say anything during the attack?"
"He- he kept grunting 'it's all good'." The tears I had been trying so hard to fight back were beginning to spill over. I let them fall.
"What happened after the attack was finished?"
"He pulled up his pants and bolted."
"What, if anything happened the day of January 12th?"
I took a deep breath. "I found out that Josh- uh, Josh was going to meet with Mr. Laurence."
"How did you come about this knowledge?"
"Josh had been distracted, and I knew that Mr. Laurence had been in contact with him. I confront Josh and asked him if he was going to meet with him. He said yes."
"Do you know why the deceased, Josh Davis, would have met with the defendant?"
"Josh wanted to give Mr. Laurence a piece a his mind. Josh. . . Josh knew what he had done to me."
"He knew that the defendant had raped you?"
"Objection," the lawyer said, standing up. "Move to strike."
"Sustained. The jury will disregard the last comment. Watch your step, Ms. Cabot."
I didn't know what I had done wrong. I looked at the jury. They didn't seem to have been effected by the judge's decision.
"Did you ask Josh not to go?"
"Objection! Hearsay."
"Sustained. Ms. Cabot?"
"To your knowledge, did Josh still go to meet with Mr. Laurence on the night of January 12th?"
"Yes."
"No further questions."
"I'm very sorry for your loss," his lawyer said, standing up.
I didn't say anything. There was no question, I didn't have to answer
"Did you have an intimate relationship with the deceased, Josh Davis?"
I shrugged. "We were really close."
"A yes or no answer, if you will, Ms. Garner."
"Intimacy isn't an action, Mr. Kressler."
"Move to strike. Unresponsive. Please order the witness to answer."
"She's answered, Mr. Kressler. You're the one who needs to rephrase."
I saw Alex smile. It was only tiny, only for a second, but I could see it.
"Yes, your honour." He smiled, then turned back to me. "Were you having a sexual relationship with Josh Davis?"
"Could you define sexual relationship please?"
"Were you having sex with Josh Davis?"
I inhaled slowly. "Yes, I was."
"And were you using protection?"
"We didn't need to. Josh was infertile."
"Basically you were having sex with a guy older than you, without any form of contraception?"
"Yes."
"So would it be fair to say that if you were having unprotected sex with one man, you could be having unprotected sex with another?"
"No. I was in a monogamous relationship." Great. Now I sounded like a slut.
"Hmm. You didn't come forward to the police right away, did you?"
"No."
"In fact, you didn't sing the 'he raped me song' until you were a suspect in Josh's murder, did you."
My heart was pounding. It hadn't been like that. It really hadn't been like that.
"Objection."
"Rephrase your question, counsellor."
"Did you or did you not only report the alleged rape when the police questioned you as a suspect?"
"Yes."
"Why hadn't you reported it before then?"
"Because I hadn't fully come to terms with what had happened to me. I still haven't. What happened to me was personal, and I wasn't prepared to talk to complete strangers about it."
"Were you, in fact, suspected of killing Josh?"
"I don't know. You'll have to ask the detectives who I talked to."
"Had you been drinking the night of your alleged rape?"
"Yes."
"Had you had one drink?"
"Yes."
"Two?"
"Yes."
"Three?"
"No."
"Were you intoxicated?"
"No."
"Are you not accusing my client of rape because you made a bad decision when you were under the influence of alcohol and had sex with him?"
"No!"
"You're accusing my client of rape to cover for your bad decision! Was it you? Did you kill him?"
"Objection!"
"Mr. Kressler, back off."
"No further questions."
I was literally shaking when he finished asking me questions. Alex got back up.
"How long had you been dating Josh Davis when you first consummated your relationship?"
"Four and a half months."
"Had you had any previous sexual partners?"
"No."
"So you had no history of infidelity?"
"Objection. Leading."
"Sustained."
"Had you ever cheated on Josh?"
"Not willingly."
"Can you elaborate on that, please?"
"The only time I had been involved in any behaviour that could been considered cheating was when I had been forced."
"Was is only the one time when you maintain that you had been raped?"
"Yes."
"Had you ever had the same amount of alcohol in your blood before?"
"Yes."
"I would like to bring the jury's attention to a police report by officer Karen Willis. It's from the fifth of July, 2002. During a random Breathalyzer test, Josh Davis's car was pulled over. He was under the limit, and so was Jamie. How many beers had you had that night?"
"Three."
"And the report reads that you were under the limit. Ladies and Gentlemen of the jury, this report proves that Jamie Garner was not legally intoxicated."
I let out my breath slowly. Alex had this covered from every angle. She was going to win this case. She could do it.
"When did you first meet the defendant, Andrew Laurence?"
"In the afternoon of Saturday, November 9th."
"How did you come about meeting him?"
"He was a judge in one of my debates."
"Did you have any further contact with him that afternoon?"
"No. The next time-"
"Wait for the next question," I told Jamie. We were working on her testimony Sunday evening. Lucky for me, I had no social life. "When did you next have contact with Mr. Laurence?"
"Later that night. There was a small party in the dorm we were staying in, and he was there."
"Did you approach the defendant?"
"No. He approached me."
"What, if anything, did he say to you?"
"He told me that I had done really well in the debate earlier the day. We began talking about an upcoming debate."
"Did the defendant at any time suggest that you should leave?"
"He suggested that we go to my dorm room, so that he could show me a casefile on the internet."
"Did you leave with the defendant?"
"Yes."
"Did you return to your dorm room?"
"Yes."
I was worried about the answer to the next question. "I'm not going to ask you at trial, but the defence probably will. Had you been drinking or doing drugs?"
"I had had a few beers."
"Few?"
"Two plastic glasses."
"Had you had that much before."
"Once or twice. Josh got pulled over by a cop on a random test when I had had more beer than that. I had to have an alcohol field test. I was under the limit."
"Do you remember when you were pulled over?"
"Um . . . It was summer. We were on our way to Lauren's cottage. . . uh, July, early July, probably the fourth of July weekend."
I pulled out a notepad and jotted it down. "Do you know what intersection you were at?"
"No. I know that we were near a diner called Frenches's."
"How about the officer's name?"
"Willis. I think her first name started with K."
"Okay, I'll see if I can find that report. Now for the next couple of questions you're going to have to be really careful how you answer. I will guide your questions as best possible, so don't elaborate on your answer. If I need you to, I'll ask you to, okay?"
"Yeah."
Jamie
Wednesday, February 12th
"Did you go up to your dorm room with the defendant?" Alex asked. I took a deep breath. I knew that the next couple of minutes could potentially change my life forever. I tucked some random hair behind my ear.
"Yes."
"What, if anything, did the defendant do once you reached your room?"
"He closed the door. I had purposely left it open."
"What happened next?"
"Jose- I mean Mr. Laurence kissed me."
"How did you react?"
"I pulled away. I told him that I had a boyfriend."
"How did Mr. Laurence react to your comment?"
"He grabbed my wrists and threw me down on the bed." My hands were shaking. I didn't want to talk about this. I didn't want to answer these questions. I didn't want the whole court room to know what had happened that night. I wanted to go home. I wanted to find Josh. He could make it better. He could always make it better. I pinched myself, quickly snapping me back to reality. Josh was gone. I couldn't get out of this. I sat up a little bit straighter.
"What, if anything, happened next?"
"Mr. Laurence climbed on top of me. He ran his hand up my leg, and unsnapped me jeans."
"Did you say no?"
"Yes."
"Did you tell the defendant to stop?"
"Yes."
"Did the defendant stop?"
"No. He took off my jeans. His pants too." I couldn't breathe I couldn't talk about what had happened. I touched the ring that Josh had given me, feeling his presence around me, calming my nerves. "And then he raped me."
Alex didn't say anything for a minute, letting the jury murmur. "Did the defendant say anything during the attack?"
"He- he kept grunting 'it's all good'." The tears I had been trying so hard to fight back were beginning to spill over. I let them fall.
"What happened after the attack was finished?"
"He pulled up his pants and bolted."
"What, if anything happened the day of January 12th?"
I took a deep breath. "I found out that Josh- uh, Josh was going to meet with Mr. Laurence."
"How did you come about this knowledge?"
"Josh had been distracted, and I knew that Mr. Laurence had been in contact with him. I confront Josh and asked him if he was going to meet with him. He said yes."
"Do you know why the deceased, Josh Davis, would have met with the defendant?"
"Josh wanted to give Mr. Laurence a piece a his mind. Josh. . . Josh knew what he had done to me."
"He knew that the defendant had raped you?"
"Objection," the lawyer said, standing up. "Move to strike."
"Sustained. The jury will disregard the last comment. Watch your step, Ms. Cabot."
I didn't know what I had done wrong. I looked at the jury. They didn't seem to have been effected by the judge's decision.
"Did you ask Josh not to go?"
"Objection! Hearsay."
"Sustained. Ms. Cabot?"
"To your knowledge, did Josh still go to meet with Mr. Laurence on the night of January 12th?"
"Yes."
"No further questions."
"I'm very sorry for your loss," his lawyer said, standing up.
I didn't say anything. There was no question, I didn't have to answer
"Did you have an intimate relationship with the deceased, Josh Davis?"
I shrugged. "We were really close."
"A yes or no answer, if you will, Ms. Garner."
"Intimacy isn't an action, Mr. Kressler."
"Move to strike. Unresponsive. Please order the witness to answer."
"She's answered, Mr. Kressler. You're the one who needs to rephrase."
I saw Alex smile. It was only tiny, only for a second, but I could see it.
"Yes, your honour." He smiled, then turned back to me. "Were you having a sexual relationship with Josh Davis?"
"Could you define sexual relationship please?"
"Were you having sex with Josh Davis?"
I inhaled slowly. "Yes, I was."
"And were you using protection?"
"We didn't need to. Josh was infertile."
"Basically you were having sex with a guy older than you, without any form of contraception?"
"Yes."
"So would it be fair to say that if you were having unprotected sex with one man, you could be having unprotected sex with another?"
"No. I was in a monogamous relationship." Great. Now I sounded like a slut.
"Hmm. You didn't come forward to the police right away, did you?"
"No."
"In fact, you didn't sing the 'he raped me song' until you were a suspect in Josh's murder, did you."
My heart was pounding. It hadn't been like that. It really hadn't been like that.
"Objection."
"Rephrase your question, counsellor."
"Did you or did you not only report the alleged rape when the police questioned you as a suspect?"
"Yes."
"Why hadn't you reported it before then?"
"Because I hadn't fully come to terms with what had happened to me. I still haven't. What happened to me was personal, and I wasn't prepared to talk to complete strangers about it."
"Were you, in fact, suspected of killing Josh?"
"I don't know. You'll have to ask the detectives who I talked to."
"Had you been drinking the night of your alleged rape?"
"Yes."
"Had you had one drink?"
"Yes."
"Two?"
"Yes."
"Three?"
"No."
"Were you intoxicated?"
"No."
"Are you not accusing my client of rape because you made a bad decision when you were under the influence of alcohol and had sex with him?"
"No!"
"You're accusing my client of rape to cover for your bad decision! Was it you? Did you kill him?"
"Objection!"
"Mr. Kressler, back off."
"No further questions."
I was literally shaking when he finished asking me questions. Alex got back up.
"How long had you been dating Josh Davis when you first consummated your relationship?"
"Four and a half months."
"Had you had any previous sexual partners?"
"No."
"So you had no history of infidelity?"
"Objection. Leading."
"Sustained."
"Had you ever cheated on Josh?"
"Not willingly."
"Can you elaborate on that, please?"
"The only time I had been involved in any behaviour that could been considered cheating was when I had been forced."
"Was is only the one time when you maintain that you had been raped?"
"Yes."
"Had you ever had the same amount of alcohol in your blood before?"
"Yes."
"I would like to bring the jury's attention to a police report by officer Karen Willis. It's from the fifth of July, 2002. During a random Breathalyzer test, Josh Davis's car was pulled over. He was under the limit, and so was Jamie. How many beers had you had that night?"
"Three."
"And the report reads that you were under the limit. Ladies and Gentlemen of the jury, this report proves that Jamie Garner was not legally intoxicated."
I let out my breath slowly. Alex had this covered from every angle. She was going to win this case. She could do it.