Chapter 107
Frank was pacing his cell when he was called to meet with his lawyer. It was six o'clock Monday morning and the trial was set to begin in just a few hours. He had decided he wanted to change his tactic for the trial and was hoping his lawyer would be on board with a last-minute change. Just as Frank's mind was beginning to run away with him, a guard appeared to take him to Mr. Carter.
Once in the private room with Mr. Carter, the guard removed Frank's cuffs from his wrist and ordered him to have a seat. He shut the door as he exited and stood guard outside the room. Frank looked up at his lawyer and gestured for him to take the seat across from him.
"Thanks for coming so early Eric."
"Of course. Although I would have thought you would want to get more rest and a good meal before the trial."
"Yeah well, I don't sleep much these days and meals here are anything but good."
Mr. Carter nodded his agreement as he folded his hands together on the table in front of him. "So, why'd you call me here so early?"
"Well, uh, I was thinking it might be best to withdrawal the insanity plea."
"Why would you think that? It's our only chance of getting you placed in Ravenwood instead of prison."
"I know but come on man. Our psychiatrist and theirs both said I was in a proper state of mind at the time of the attack. I don't have money like Olivia or the Spaulding's to buy my way out of this. Going for insanity is only going to draw out the trial and keep me here longer, getting my ass kicked by men I put here."
"You're right there. The judge isn't going to buy the insanity act. Between the psychiatrist and the fact that their lawyer will easily be able to prove premeditation, which proves you were of cognizant mind, I don't see Ravenwood as an option for you. Our best action now is to do our best to get as little time as possible."
"Exactly. That's why I want to withdrawal the insanity plea and instead I'd like to try and get the added years for use of a firearm thrown out, as well as home invasion. Without those charges I'm only looking at five years if the judge chooses to run my sentences concurrent. I actually think we will be able to get the minimum sentencing of only two years with some fines and maybe probation after release."
"And just how are you planning to do that Frank? You did break into the house, and you had your sidearm with you. Which you were supposed to turn in upon your suspension."
"Yeah I know, but I think our plan to uncover the skeletons in Olivia's closet will work well to paint her as the manipulative bitch she is, get the jury to see I was only trying to help an innocent and naïve woman from falling prey to Olivia the way so many others have. You have witnesses to the heinous acts that woman has committed in the past. If we can get the jury and the judge to see Olivia for who she really is, then I think we can get the charges for involving a firearm dropped. You know, make them believe I simply forget to turn it in after so many years of carrying it on a daily basis, I didn't even realize I had it until it got brought into the fight."
"And home invasion? You broke into that house Frank. How do you plan on getting that charge dropped?"
"Well…" Frank began to paint a picture for his lawyer, one that made him look like a concerned friend, a hero to Natalia, and made Olivia look like the monster he truly believes her to be. When Frank was escorted back to his cell to await transfer to the courthouse, he was wearing a shitting eating grin and already mentally celebrating his victory.
The mood at the Spencer-Rivera house was solemn to say to least. As everyone prepared to head to the courthouse for the beginning of the trial. Olivia was silent as she slowly dressed in one of her power suits, complete with heels, ignoring Natalia's protest. Natalia also dressed in a skirt suit and heels, similar to Olivia's, leaving her hair down and make-up light. Once finished, Natalia stepped to assist her wife in zipping her skirt and helping to style her hair and apply a thin layer of make-up. They were instructed not to try and conceal the scar on Olivia's temple or try to hide how tired and run down she looked. Doris and Mel didn't want her to look like a train wreck, but also didn't want her to appear to be uninjured of unaffected by the events that had transpired.
Once both women were ready, Natalia slipped her arms around her wife's middle and kissed the back of her neck. "How are you feeling?" She asked timidly. Knowing Olivia was trying to hide how hard today was going to be.
"I'm o-okay. I'm just r-ready for this to be o-over." She answered, turning slightly to apply a chaste kiss to her wife's cheek.
"Me too. Do you think Frank is going to try and drag out the trial?"
"I don't k-know. I hope not. I know i-it's going to be more then o-one day in c-court, but I hope his l-lawyer doesn't attempt to push b-back the trial or drag it out e-endlessly."
"I don't think Doris or Mel will allow that to happen."
"Yeah." Was all Olivia said as she removed herself from her wife's arms and made her way slowly to the bed to sit for a moment and swallow down her pills.
Natalia sighed and then plastered on a smile as she kissed her wife and exited the room to get Emma ready to go with Jane. As much as Emma wanted to go to the trial and be a part of it with the rest of her family. Olivia and Natalia had agreed that they didn't want her there to hear whatever Frank and his lawyer were going to say about Olivia. They had decided that she would be allowed at sentencing but nothing more.
Once Emma was loaded up with Jane. Michael was given strict instructions not to let Emma out of his sight for even a second. Phillip had also asked two other guards to follow along and make certain that no news reporters got within a hundred yards of his little girl.
Breakfast was a silent affair and then the Spencer-Rivera family loaded onto their SUV and headed for the courthouse. Each of them trying to steel themselves for what lay ahead. As they drove, Natalia reached over and grabbed her wife's hand, squeezing lightly. She kept her eyes on the road but wanted to make sure Olivia knew she wasn't alone in this. She would be there, right beside her through it all.
As they drove up, news reporters swarmed their vehicle, lights flashed as cameras snapped shot after shot. Phillip's security was quick to surround the car and assist getting them all safely into the courthouse. Doris and Mel met them at the door along with Phillip, Josh, and Holly who had flown in for the trial.
Holly enveloped Olivia in a hug and whispered something into her ear for only her to hear, making Olivia give a sad smile. Once Holly pulled back, Josh hugged each of the Spencer-Rivera's and then stepped back for Phillip to do the same before the three left them with their lawyers to prepare.
Doris stepped forward and took Olivia's hand. "Are you ready for this?"
"As r-ready as I'll ever b-be. Let's just g-get this over w-with."
"Okay, let's just go down the hall for a few and then we'll go in." Doris led them to a small room off to the side and she and Mel sat on one side of the table while the family sat on the other. Natalia and Olivia holding hands in the center with Rafe next to Natalia holding her other hand and Ava clinging tightly to Olivia's free side.
"So, what's the plan?" Ava asked. Not wanting to waste what little time they had before they would have to go into the court room.
Mel cleared her throat and looked from one face to the next. "Well, I wouldn't call it a plan exactly, just the truth. The first thing that will happen is opening statements, after that, we will begin our case. I have a list of witnesses we intend to call forward, and then Frank's lawyer will have a chance to cross examine each of them." She paused and glanced at Doris. Although she knew the Spencer-Rivera family fairly well, Doris was closer to them and she felt maybe she should share the news they were handed this morning.
Doris took the hint. "What we really wanted to share with you is what we were handed earlier this morning."
"W-what?" Olivia asked, sensing her friend was weary about sharing whatever it was. "Just t-tell us."
"Frank's lawyer is going to withdrawal the insanity plea. They have decided to plead not guilty to home invasion and unlawful use a firearm." Olivia started to speak but Doris held up her hand. "However, he intends to plead guilty to the assault against Natalia last December, as well as aggravated unlawful restraint against Rafe and violating a restraining order."
Natalia pushed back from the table and stood, anger boiling over inside her. "And what about everything else? What about what he did to Olivia?"
Doris swallowed the lump in her throat before answering. "He intends to plead not guilty to everything else."
"What, h-how can he d-do that?" Olivia was getting frustrated and angry as Doris told her of this turn in events. "What the h-hell does he intend to s-say about all of th-this?"
"I don't know. We're not privy to their entire case, just that he intends to withdrawal the insanity plea and change his plea to partially guilty and partially not guilty. We won't know anymore until we get in there and hear what his lawyer has to say."
Rafe stood and began to pace. "That fucking bastard. What the hell is he playing at? How can he just change his mind like that?"
"Calm down please, all of you. We cannot go in there all worked up. That's why Mel and I wanted to tell you beforehand. Now, we need to get in there, so please, all of you, take a few deep breaths and calm yourselves."
Once they were all calm, Mel cleared her throat again and addressed them. "Okay, it's time, Rafe, Natalia, and Olivia, you three will sit with Doris and I, Ava, Sam has a spot right behind us with Phillip, Beth, Remy, and Mallet. You'll be able to reach your family but try to refrain from touching them too much. A hand placed on one of their shoulders is fine, but nothing more than that."
Ava nodded but didn't say a word as the six stood and headed out the door and towards the court room. As they entered, all heads turned. Mel and Doris strode forward with their heads held high not stopping until they reached the gate at the front and held it open for the family to walk through. Olivia leaned heavily on her cane and her wife as Natalia walked her towards the front with an arm firmly wrapped around her. Ava and Rafe walked behind them with their hands clasped together. Once they reached the front row, Ava hugged each of them, holding onto Olivia for just a little longer than the rest.
Once Ava was seated snuggly between Phillip and Sam, Olivia, Natalia, and Rafe continued to the table on the left side of the court room, Doris and Mel joining them. On the right side at a similar table sat Frank's lawyer, Mr. Eric Carter. A little to the left and forward of the Spencer-Rivera table sat an older woman who would record the events of today. At the doors on either side of the judges bench stood officers and the jury box remained empty for the time being.
Olivia glanced behind her, surprised that even more of Springfield's residents then had been there for the arraignment were there now, all sitting or standing behind her and her family. No one sat behind the defense table except, once again, Marina. Although there was plenty of seating, no one wanted Frank to mistake them being there to be on his behalf.
All chatter stopped and silence descended upon the room when the left side door opened and the jury filed out and into their seats. One of the officers walked to the center of the room and raised his hands. "All rise, the 46th district court is now in session, honorable Judge Anderson presiding."
Everyone stood as the judge walked into the room and took his place. "You may sit. We are now calling to order the matter of people vs. Cooper, docket number 100796."
Doris stood and straightened her jacket. "Good morning your honor. For the record, Doris Wolfe for the people."
Mel stood as Doris took her seat. "Morning. Melissande Boudreau, also for the people."
Mr. Carter also stood. "For the record, Eric Carter for the defense."
The judge nodded to each of them and then continued. "And you, officer, will be bringing in Mr. Cooper?"
"Yes your honor." The officer walked to the door and opened it to allow two officers to bring Frank in. he was un cuffed and led to sit at the table beside his lawyer.
Once Frank was settled, Eric stood and faced the judge. "Before we begin, my client wishes to withdrawal his earlier plea of insanity."
The judge scowled slightly and then proceeded. "And what calls for this change?"
"My client is aware that he was in his right state of mind at the time of the events in question. He apologizes for wasting the courts time with his earlier plea and wishes to make it known that he was still in a bit of shock during his arraignment and would now like to make a proper plea."
"Mr. Cooper, is this in fact true?"
Frank stood and buttoned his suit jacket. "Yes your honor. At the time of my arraignment, I was dealing with quite a lot and was unable to think properly. I would now like to change my plea to what I believe fits the crimes I have committed."
"And what would you say now Mr. Cooper."
Before Frank could say anything, Mr. Carter stood and answered for him. "My client would like to plead guilty to the assault against one Natalia Spencer-Rivera on the twenty-first of December of last year, as well as aggravated unlawful restraint against Rafael Spencer-Rivera on the sixteenth of January this year and violating a restraining order on the sixteenth of January this year."
"And what of the eight other counts against him?"
"My client wishes to plead not guilty to all other counts, including home invasion involving a firearm, unlawful use of a firearm, aggravated battery against one Olivia Spencer-Rivera, aggravated stalking against one Olivia Spencer-Rivera, aggravated unlawful restraint of one Olivia Spencer-Rivera, committing a hate crime against one Olivia Spencer-Rivera, and the harassment of both Olivia Spencer-Rivera and Natalia Spencer-Rivera."
Judge Anderson looked to the prosecution. "Do you object to this change in plea?"
Mel stood and addressed him. "The prosecution accepts this change in plea."
"Very well. Let the record reflect that Mr. Cooper now pleas three counts guilty, eight counts not guilty. Is the prosecution ready with an opening statement?"
Doris and Mel stood together. "Yes your honor we are."
"And who will give this statement?"
"I will your honor. Mayor Doris Wolfe." He nodded for her to proceed and she stood before the jury. "Ladies and gentlemen of the jury. I do not have a fancy story tell you, or accusations to make against the defense. I simply have the truth. My clients, as well as the other members of their family have had a very trying year, thanks to this man." She pointed to Frank. "Mr. Cooper has brought fear down upon the Spencer-Rivera family since January of last year. A family trying to make a fresh start. This family is a unique blend. A single mother to a grown woman she has only recently met, and a nine-year-old girl meets a maid at her hotel, another single mother, to a nineteen-year-old troubled boy. The two fall in love, join their families together, and then face test after test on their relationship, on their family, most brought on by none other than Frank Cooper Jr. My client, Olivia Spencer-Rivera, does not deny her past indiscretions. She admits that her past is no fairytale. It's littered with wrong doings and misdeeds, however, with the help of her wife, her children, and her friends, she has changed who she used to be, and should not continue to be punished for her past. We all have a past, we all make mistakes, what's important is how we change and grow. Olivia Spencer-Rivera has grown more than anyone I have ever known. She and her wife are merely trying to make a life for themselves and for their children. As unfortunate as it is, Mr. Cooper found himself lost in delusions that Natalia Spencer-Rivera was his, that she was in love with him and not Olivia. Throughout these proceedings, we will prove to you that this man's acts escalated from lies told to himself and others to the unthinkable crimes that led to Olivia Spencer-Rivera's hospitalization with injuries not only physical, but mental as well. And not just for herself, but also for every member of her family. From her son blaming himself for her injuries, to her youngest daughter's almost nightly nightmares of one or both of her mother's being hurt to taken by the defendant. No one should ever have to live through the terror this man has put this family through." With those final words, Doris spun on her heel and sat back at the table between Mel and Olivia.
The judge looked to Mr. Carter. "Does the Defense have an opening statement?"
Eric squared his jaw and took a calming breath. "Yes your honor."
"You may proceed."
Mr. Carter rounded the table and stood before the jury. "Ladies and gentleman of the jury, throughout these proceedings, you are going to hear a story, a story of heinous acts committed by my client, one Frank Achilles Cooper Jr. But that's all they are, stories. Mr. Cooper is the chief of police here in Springfield, and all he is guilty of is trying to protect an innocent woman from a vindictive and manipulative person. A person you will soon come to understand has spent most of her adult life lying to and scheming others to get what she wants. That's what she's done now. Spun yet another lie against my client for no other reason than her own twisted amusement. This woman has committed unthinkable acts of violence and vengefulness. She plays people against one another, including my client against his own father. Olivia Spencer-Rivera is not the victim here, oh no. my client, as well as Natalia and young Rafael Spencer-Rivera are the true victims. Only Mr. Cooper is not the villain against Natalia and Rafael, no, Mrs. Spencer-Rivera is. Myself and my client will soon reveal the truth to you. The truth of an upstanding officer and fine man trying to do the honorable thing and stop the defendant, Olivia Spencer-Rivera, from claiming yet another victim in her long history of hurting others to further herself. This trial is nothing more than a fabrication thought up by none other than Olivia Spencer-Rivera to further upset my clients life with her own personal vendetta against him. I beg you all to hear the truth we will tell you and not fall prey to the lies and half-truths the prosecutions will feed you."
"Objection!" Doris shouted. "That opening statement is nothing more the slander against myself, my colleague, and my client."
"I'm merely trying to paint a picture of who Olivia Spencer-Rivera is for the jury." Mr. Carter shot back.
Judge Anderson slammed his gravel down as the crowd started to whisper and mumble. "Order. I will have order in this court room. The objection stands. The jury will disregard the last statement. And Mr. Carter, I severely hope your case is more than an attack on Mrs. Spencer-Rivera's character."
"Of course, your honor."
"Do you have anything further?"
"Not at this time your honor."
Natalia gripped Olivia's hand in hers a little tighter as Rafe grabbed her other hand. She turned her head and placed a brief kiss to Olivia's shoulder. Needing the strength, she found in her wife to make it through this. The judge looked down at them with something akin to simply in his eyes, before schooling his features. "Is the prosecution ready to begin?"
Mel stood and raked her hands down the front of her skirt. "Yes your honor. The prosecution presents exhibits number one through four, written as well as taped statements from the Spencer-Rivera family pertaining to the events starting in January of last year and leading to the assault against Mrs. Natalia Spencer-Rivera on the twenty-first of November of last year."
Mel placed the USB of their verbal statements into a small speaker that sat on the table in front of her and pressed play. The room grew eerily quiet as they all listened to Olivia, Natalia, Rafe, and Ava account all that had transpired between Frank and themselves the previous year. When the tapes had finished, Mel removed the USB and pulled a folder from her briefcase.
"The prosecution would also like to submit exhibit five, photos of the injuries sustained by Mrs. Natalia Spencer-Rivera by one Frank Cooper Jr."
An officer took the photos and handed them to the jury to look through. When the jury had finished, Mel removed another folder from her briefcase. "Next the prosecution would like to submit exhibits six through ten. Written statements by Mr. Rafael Spencer-Rivera, Mrs. Olivia Spencer-Rivera, Detective Remy Boudreau, and temporary police chief A.C. Mallet, of the events that bring us here today. The home invasion with a firearm at the Spencer-Rivera home, the aggravated battery against Mrs. Olivia Spencer-Rivera, the aggravated unlawful restraint of Mrs. Olivia Spencer-Rivera and Mr. Rafael Spencer-Rivera, the unlawful use of a firearm, the hate crime committed against Mrs. Olivia Spencer-Rivera, and the violating of a restraining order by Mr. Frank Cooper Jr."
"We also have exhibit eleven, the hospital records accounting for Rafael Spencer-Rivera's condition upon arrival on the sixteenth of January this year. As well as exhibit twelve, the hospital records pertaining to the injuries sustained by Olivia Spencer-Rivera on the night of the sixteenth of January of this year. As well as exhibit thirteen. The photos taken of Mrs. Olivia Spencer-Rivera's injuries."
The jury was handed a copy of each as well as the judge who set it aside and looked down at Mel. "Is there any further physical evidence to be presented by the prosecution?"
"Yes your honor. Our last pieces of physical evidence are exhibits fourteen through eighteen, the medical records pertaining to the mental state of the Spencer-Rivera family after the events in question as assessed by Dr. Felicia Boudreau. These records include not only all three of my clients, but also Mrs. And Mrs. Spencer-Rivera's two daughters, Ava Peralta Spencer-Rivera and Emma Spaulding Spencer-Rivera."
"Objection!" Mr. Carter yelled. "Not only is the Dr. involved with this evidence the prosecutions lawyer's mother, but the families mental state has no bearing on this case."
Mel turned to the judge. "Your honor, I am merely trying to portray how effected this entire family is by the action taken by the defense. We believe it's important for the jury to have an understanding of just how effected my clients are by the events that have taken place over the past year in order to have the full picture, that includes the two members of this family who were, fortunately, not physically involved. And yes, Dr. Boudreau is my mother, however she is an impartial party who has made a professional assessment."
Judge Anderson thought for a moment and then peered at Mr. Carter. "Objection overruled; the evidence stands."
"Thank you your honor."
"Now, if there is no more physical evidence, I call for a sixty-minute recess so the jury may review the evidence. Court will reconvene at one o'clock p.m. Where the prosecution will call their first witness." He slammed the gravel down and exited to his chambers.
The jury stood and was escorted from the jury box, and Frank was taken back to a holding cell while he waited for the trial to continue. Natalia turned to Olivia and fell into her open arms. The trial was just starting and already she was mentally exhausted. She could only imagine how Olivia was feeling.
Doris and Mel stood from the table and suggested they all go get something to eat and try and rest a little before they had to meet back for the beginning of witness testimony. Olivia and Natalia agreed and with the help of Rafe and Sam, Olivia stood and walked to the back of the court room. As soon as the doors opened for them, flash after flash went off. Their security team was quick to surround the family and ushered them into an empty meeting room just down the hall. Phillip offered to go get lunch and bring it to them so they wouldn't have to fight through the media both leaving and returning. Olivia gratefully excepted her ex-husbands offer and sat down heavily in one of the chairs. Ava and Rafe took up either side of her and Natalia knelt down in front of her.
"Hey, how are you holding up?"
"I'm okay. I-It was a little h-hard to listen to all of that, b-but I'll be fine. H-how are you?"
Natalia looked down at the floor before meeting her wife's steady gaze. "It's difficult, to relive it all, but nothing I went through even compares to you and Rafe. As long as you two are okay, I'll be fine."
Olivia took Natalia's face in her hands. "Stop. W-we all have been through a l-lot. Please quit t-trying to pretend like e-everything is okay wh-when it isn't."
Natalia's eyes filled with unshed tears. "I'm sorry. It's just, seeing him, and listening to everything he's done to us, reliving it all…I just, I can't let it get to me right now, or I won't make it through this."
Olivia nodded. She understood, she was doing the same thing. Pushing down all of the pain and pretending to be as unaffected as she could. She leaned her forehead against her wife's and took a deep breath. "Okay baby. W-whatever you need to do t-to get through this." After softly kissing her wife, Olivia turned her attention to her son as Sam brought a chair for Natalia. "How a-are you doing b-bub?"
Rafe shook his head to clear the thoughts currently rolling through his brain. "I'm okay mom. I just want this to be over."
"Me t-too baby. Me too." Olivia turned her head again to look at her eldest daughter. "And h-how about y-you? How a-are you doing?"
Ava took hold of her mom's hand and squeezed it. "I'm fine mom. Can we just eat and not talk about the trial? I just want a few minutes to forget why we're here."
Olivia and Natalia shared a meaningful look. Both knowing that once this was over they were going to have to talk to their daughter. They couldn't keep allowing her to pretend that nothing happened, or that she was unaffected by what had happened. It was unhealthy and Olivia feared if Ava kept bottling it all up she would end up back where she was when Max died. But for now, they could give this to her. Maybe it would do them all some good to spend a little time not focused on the trial and Frank.
"Of course, my d-darling daughter." Olivia kissed her cheek and pulled back just as Phillip walked in with their food. Doris, Mel, and Beth all trailing in behind him. The family and their friends all sat at the table chatting about anything they could think of that wasn't their current situation.
Just as they were finishing and preparing to go back to the court room, Natalia pulled Olivia to the side of the room. Without a word she sealed their lips together in a heated kiss. Thrusting her tongue into her wife's mouth and winding her fingers through chestnut locks. She held Olivia to her, kissing her passionately. This kiss was the give and take of love between them. Each woman trying to give the other the strength and energy needed to face what lay ahead.
