A/N: Here's the next chapter! It will cover Donna's trial, and will again hit on some sensitive themes, but nothing too graphic. I hope you enjoy, please read and review!
Chapter 5: Ladies and Gentlemen of the Jury…
CJ and Danny were driving back to town after a successful date, just enjoying the pleasure of each other's company. They were playfully bantering back and forth about sports, politics, whatever happened to come up.
But as Danny began to round the corner onto the town square, CJ could tell instantly that something was up. The hairs on the back of her neck stood up straight as she began to see flashing lights lighting up the center of the town square in the space next to the diner. Her heart began to pound as her brain registered that the lights belonged to two police cars and an ambulance.
"What the…" Danny breathed out.
But CJ was two steps ahead of him. As soon as Danny pulled into a space (next to the mayor's office, she realized), she jumped out of the car and broke into a run towards the crowd that had begun to assemble outside the diner. As she reached the front, however, she was stopped in her tracks by a police officer.
"Ma'am, may I see some identification?"
"I need to get inside. My roommate, she's in there."
"I'm sorry. We can't let anyone through."
"This is my diner. I work here, I live in the loft right above. Can someone please tell me what's going on?"
"Do you know Donnatella Moss?"
"Y-yes. She's my roommate." She stammered outside. "Is she all right? What does all this have to do with-"
And suddenly she got all the answers she needed: she watched from behind the officer as Donna was led from the diner in handcuffs. From where she was standing, CJ could see from between the flashes of light that Ellie was talking to another officer, and that a man was lying on the floor, obviously mortally wounded. She gasped, her hand flying to her mouth, as the truth of what had happened began to hit her.
Brian Harris was dead, and Donna was being blamed for his death.
"CJ?"
The sound of Ellie Lyman's voice as she emerged from the diner came as great comfort. Without thinking too hard, CJ pulled the teenager into a hug.
"Are you all right?" She asked.
Tears were brimming in Ellie's eyes. "The guy-her ex-he came to the diner after you left. I think he wanted to get Donna alone. Abbie Jean started crying, and when Donna didn't come up right away, I went to see what was wrong. He had a knife, CJ. He had a knife, he had her up against the wall, and Donna tried to fight back. I guess he fell back and fell on his knife, but Donna had his blood on her hands. All the police cared about was that he was dead and she was the only one with blood on her hands." At this, Ellie began to truly sob. All CJ could do was pull her close and try to comfort her.
"We're gonna get her out, you'll see." CJ tried to reassure the traumatized teen. "We'll get her the best lawyers, and we'll make them see that she did it in self-defense. We will."
CJ could only hope that she sounded more convincing than she felt.
"Ellie?...Ellie!" There was a panicked voice in the distance.
"Dad!" Ellie cried, racing into her father's arms as he arrived at the back of the crowd. As Josh hugged her tightly, she whispered, "I'm sorry. I'm so sorry." From her vantage point now, their fight had been foolish. And now Josh could see that too.
"Shh." He said, comforting his baby girl without knowing exactly what was going on. All he knew was that the second he learned there were police cars at the diner, his first thoughts had been to Ellie. "Don't worry about it. I'm just so glad you're safe." He turned to CJ. "What happened?"
CJ had taken the opportunity to speak with the police. Now, in a voice that was barely audible, she said, "They're charging Donna with the murder of a guy that tried to kill her."
…
The next several months moved quickly. Ainsley, upon hearing the news, immediately offered to serve as Donna's attorney, in spite of not having a ton of experience with criminal law. What became crystal clear as Ainsley waded through the details of Donna's case was that the district attorney for New Hampshire was out to get her, and that the more she talked with Donna, the more it became clear that this was a clear case of self-defense.
The only problem was that a battery defense, even with Donna's charge of voluntary manslaughter, would be very difficult to prove in a state court-it would all be very "he said, she said." and then there was the added knowledge of the events taking place nearly two years earlier. That was why Ainsley spent hours before the trial with Donna, detailing every last one of her confrontations with Brian, leading up to the last one. There was another added pressure: the state's district attorney was pushing her to make a plea deal, knowing full well that a manslaughter charge in New Hampshire, voluntary or not, carried a sentence of up to thirty years. Her infant daughter could be a full-fledged adult by the time she got out of prison. But Ainsley knew that if Donna pled out without them getting a chance to prove their case, she was done for. The risk of prison time was far outweighed by the even greater chance of Donna being cleared of all charges.
The day of Donna's trial dawned clear and sunny. Ainsley was walking to the courthouse with Sam. The rest of the Liberty group would meet them as the trial was beginning, to show their support for Donna. Donna's parents had also flown in from Wisconsin, fearful for their daughter's future.
"Are you ready for today?" Sam asked quietly. He had enormous respect for his girlfriend, and was willing to do anything he could to support her.
Ainsley took a breath. "Ready as I can be." Since Donna had been held at the state prison without bail due to the charges, even with Ainsley pleading with the judge to allow her to remain at home with her young child, Ainsley had been making numerous trips back and forth to Concord, where the state's only women's prison was. She knew that they had a good case, but would it be enough?
…
"All rise!" The bailiff read out. Donna and Ainsley were sitting at one table, while the DA, Lionel Tribbey, sat at another. "The Honorable Janet York presiding."
A short woman in her mid-fifties with long brown hair approached the bench. "Be seated." the bailiff announced. Everyone, including Jed, Abbey, Josh, Ellie, Charlie, CJ, Toby, and Sam sat down. Mrs. Landingham had taken charge of the inn and Millie had taken charge of the medical clinic so that everyone else could attend the trial. Donna's parents also sat off to the side.
"All right." Judge York said. "This is the case of Donnatella Moss vs. the State of New Hampshire, accusing the defendant of voluntary manslaughter and assault with a deadly weapon in the death of Brian Harris. Appearances?"
"Lionel Tribbey for the State, Your Honor." Tribbey said.
"Ainsley Hayes for the defendant, Your Honor." Ainsley said.
"Mr. Tribbey, you may begin your opening statement." Judge York said, nodding for the DA to begin.
Tribbey began by laying out the scene of a man who died in a horrible tragedy where his ex-girlfriend wound up with his blood on her hands, and that while it was possible it was an accident, the overwhelming evidence to the contrary said otherwise. Her fingerprints were on the knife, he said. It was a clear act of malice.
Ainsley held her breath. The most important piece of evidence the prosecution had was that Donna's fingerprints were on the knife due to the struggle. But Brian's fingerprints were there, too, something Ainsley knew Tribbey would not be able to disprove. She stood up and argued the exact opposite: that Brian did in fact threaten her by holding the knife to her throat against her will while her six-week-old daughter cried upstairs. She attempted to fight him off, which led to a struggle with the knife. Brian had fallen to the ground first, according to the police report, suggesting that perhaps the wound was self-inflicted. Either way, it was a clear case of self-defense.
After the opening statements, Tribbey immediately called his first witness. "The State calls Officer Jeffrey Maata to the stand."
The officer who arrested Donna approached the stand, was sworn in, and sat down. Tribbey began to question him first about the events of that night. He got Officer Maata to admit that the fingerprints Donna provided at the station matched those found on the knife and that while it was possible the wound was self-inflicted, it was far more likely to be inflicted by someone else. But it was during Ainsley's cross-examination that the officer began to break.
"She seemed real upset at the station-and not like someone who was sorry they were caught. Someone who really didn't mean to do anything."
Tribbey scowled. Just when he was gaining ground, the jury was swayed the other way. "No further questions, Your Honor."
Ainsley stood up next. "The defense calls Elizabeth Lyman to the stand."
Ellie stood up from her seat next to Josh on shaky legs. She was beyond nervous for her testimony, but would do it if it would help Donna. She caught Donna's eye across the room and smiled.
Ainsley smiled at the teenager. They had spent days before the trial going over all the questions she would be asking.
"Please state your name for the record."
"Elizabeth Lyman."
"And you live in Liberty, New Hampshire, correct?"
"Yes."
"How long have you known Ms. Moss?"
"Nine months."
"Since she moved to town?"
"Yes."
"Elizabeth, can you please explain to the court what happened on February 27th?"
"I had an argument with my father, and so I asked CJ-that's the owner of the diner-and Donna if I could stay at their apartment overnight. CJ left for a date, and Donna went to close up the diner. I stayed up in the loft to watch the baby. Since the loft has a door that separates the living quarters from the diner itself, I didn't hear when he came in."
"And by 'he', you mean…"
"Brian Harris, yes."
"What made you go downstairs?"
"Abbie Jean, her baby daughter, started crying, and I didn't know if she had made up a bottle. I opened the door to ask, and that's when I heard the yelling. I called her name, but she didn't answer."
"So, you ran downstairs. Did you turn on a light?"
"Yes."
"What did you see when you turned on the light?"
Ellie swallowed deeply. She didn't want to remember. "Um...he had Donna pinned up against the wall with a knife, and she was trying to fight him off."
"Fight him off?"
"She had grabbed hold of the knife and was trying to kick free of him."
"They grappled with the knife?"
"Yes."
"And then what happened?"
"They both fell over. I thought Donna was the one who had been stabbed until she sat up."
"Did she say anything to you?"
"She said, 'He's dead, and they're going to blame me.'"
"And how did she seem?"
"She was in shock."
"Nothing further."
Tribbey questioned her next. He seemed especially interested in Donna's state of mind after the alleged attack.
"Are you quite sure it was shock that she felt? Are you sure it wasn't guilt or remorse?"
"Yes." Ellie said, trying not to sound impatient. She had answered this question a few times already.
"How can you be so sure that Donnatella Moss was not malicious in her intent?"
"Because she's not!" Ellie snapped. "She's not like that. She has a four-month-old baby. She would never hurt anyone."
"How would you know? You've only known her for nine months."
"I just do." Ellie answered.
"Nothing further."
"Ms. Lyman, you can step down." Judge York said.
Ainsley and Josh were both proud of Ellie for testifying. She knew that her plan would continue perfectly with her next two witnesses.
Abbey was next. Ainsley had made it perfectly clear from the beginning that self-defense was going to be a large part of Donna's case. She wanted Abbey's medical expertise for this next part. If the connection was made that Ainsley thought was going to be made, then the whole case would be turned on its head.
"Dr. Bartlet, how long have you been a physician?"
"20 years."
"And you specialize in family medicine?"
"That's correct."
"That covers a wide range of illnesses, correct?"
"Yes."
"Have you ever treated an abuse victim before?"
"Objection!" Tribbey called out. "Relevance?"
"Overruled. Witness may answer." Judge York decided.
"Yes."
"You would recognize injuries related to abuse if you saw them?"
"Yes, I believe I would."
At this, Ainsley pulled a sheet of paper out of a folder. "Your Honor, I would like to submit this as defense exhibit A."
"So noted."
Ainsley handed the piece of paper to Abbey. "This is an ER admission record from the University of Wisconsin Hospital dated November 2, 1998. The patient's name is listed as?"
"Donnatella Moss." Abbey read out.
The audience-and jury-gasped. If there was a record of Donna being injured prior to the events of May 2000, then that was the ball game.
Ainsley smiled. "Dr. Bartlet, can you read out loud the reason for hospitalization?"
Across the room, Donna had gone white. She knew Ainsley was going to bring up her miscarriage-the mere fact that Brian had caused it was a huge clue in her fear that led to what happened the night of the attack-but she still wasn't quite ready for the whole town to know about it.
"Miscarriage caused by blunt trauma."
This was it. The break in the case Ainsley had waited for. "And as a family physician, how would you define blunt trauma?"
"Internal injuries can be caused by direct blows to the abdomen."
"Such as...a punch or a kick?"
"Yes." Abbey said. Though she had to remain calm on the stand, her heart was breaking for this wonderful woman she had gotten to know and what she had gone through. "If she was kicked and, dare I say, beaten hard enough, it would have caused a miscarriage."
Ainsley nodded, satisfied with Abbey's answer. "No further questions, Your Honor."
Tribbey stood up. "I have no questions for the witness." That surprised Ainsley. Obviously, she proved her case more than she thought. Donna's testimony would just be the icing on the cake.
…
"The defense calls Donnatella Moss to the stand."
Donna stood up shakily and walked to the witness stand. In place of an orange prison uniform, she was wearing a black suit with a purple blouse that Ainsley had brought for her to wear. She raised her right hand, promised to swear the truth, the whole truth, and nothing but the truth, and sat down.
"Ms. Moss, when did you first meet Brian Harris?"
"Um...about four years ago."
"When did your relationship with him change?"
"After we had been dating about a year," Donna narrated, "he suggested that I drop out of school and get a job because medical school was expensive. He wanted someone to pay the bills."
"You dropped out?"
"Yes." It was still a part of her past that she was not proud of.
"I know this is going to be difficult," Ainsley started. "But will you please tell the jury when the abuse began?"
Donna closed her eyes, desperately trying to control her emotions.
"Take your time." Ainsley said softly.
"It started after I moved in with him. He would start putting me down in little ways. I didn't clean well enough, I didn't know how to do the laundry right, I didn't do the dishes right away, I didn't...I didn't dress right."
"And when did it turn physical?"
"One night, we got into an argument over some inane thing. I raised my voice to him, and...he hit me."
"Did it leave a mark?"
"Yes." She could still remember the sting of Brian's backhand on her cheek and the dark purple bruise it left-not unlike what he had done in the town square, she realized.
"What about other injuries? Did you suffer any other injuries as a result of the abuse?"
Donna nodded, not willing to remember but forcing her brain to recall the painful nights after his violence towards her. "Um, a few times, he would break something too close to me, and I would get cuts from broken glass. Bruises-in and around the face, several black eyes. Once, he slapped me hard enough in the mouth that it chipped a tooth. I have an injury to my back because of the number of times I've been thrown on the floor that has caused a herniated disc. I had a dislocated shoulder from being slammed against the door."
"Did the injuries ever put you in the hospital?"
"Yes. Twice." Donna's voice was barely audible. "Once, we got in a fight because I was late paying the phone bill. That was something we fought about often. He shoved me against the stove, and I got a second degree burn to my hand when I put my hand on the stove to stop my fall. I ended up in the ER."
"What about the second time?"
Donna swallowed hard. That was the hardest one for her to remember, because it wasn't just her that time. It was her baby. "In November of 1998, I found out I was pregnant. I thought that a baby might help things between Brian and me, so I was happy. Unfortunately, he wasn't. He ordered me to terminate, and when I refused…" She trailed off, shuddering.
"Objection!" Tribbey called. "How is this relevant?"
"It's extremely relevant." Ainsley answered. "It's relevant to my cause of action of self-defense."
"Overruled." Judge York ruled. "Ms. Hayes, I suggest you get to your point sooner rather than later."
Ainsley nodded. "Yes, Your Honor." She turned to Donna. "After you refused to terminate, what happened?"
"He-he shoved me to the floor and kicked me repeatedly. After he left, a couple of hours later, I started bleeding and having pain. That's when I knew I was losing the baby."
"And when you went to the hospital?"
"I miscarried, and it was pretty clear to the doctors how it had happened. They tried to get me into a battered women's shelter then, but I was still too afraid of what would happen if I left."
Ainsley knew she would have to tread her next question carefully. "Did Brian Harris ever threaten to kill you or inflict serious bodily harm should you try to leave?"
Donna's eyes filled with tears and nodded.
"I'm afraid we're gonna need a verbal answer, Ms. Moss." Judge York told her.
"Yes." Donna said in a barely audible voice.
"Can you tell us, in your own words, what happened on February 27th of this year?"
"I was working late in the diner. I had volunteered to close up so my roommate could go out for the evening. I heard the bell above the door and looked up to see Brian. He told me he wanted to talk, but I threatened to call the police if he didn't leave."
"What happened after he refused to leave? What did he say to you?"
Donna took a breath, trying to remember. "He said that if we didn't raise our daughter, nobody will."
"So you had a reasonable fear that he would attempt to kill you if you didn't try to fight him off."
"I didn't have a fear." Donna said. "I knew that was what he was going to do."
"No further questions, Your Honor." Ainsley said.
Tribbey waited a moment, then stood up. "When Mr. Harris approached you in the diner, was that the first time you had seen him since you left Wisconsin?"
"No, it wasn't."
"No? When was the first time?"
"A few days earlier."
"So, you had multiple opportunities to ask him to leave. Did you?"
"Yes. He stayed and tried to convince me to leave with him."
"Which brings me to the question, why didn't you leave him sooner if he was so abusive towards you?"
"Because he threatened to kill me if I did." Donna said, fighting to stay calm.
"You had uprooted your entire life to New Hampshire in the hopes that he wouldn't find you. And then he did. He tracked you down and then wouldn't leave you alone. Didn't that make you angry?"
"N-no." Donna stammered.
"You didn't start to think that maybe, just maybe, only one of you would get out of this alive, and you wanted it to be you?"
"Objection!" Ainsley called out. "Hostility towards the witness!"
"Sustained." Judge York ruled. "Watch it, Mr. Tribbey. I won't warn you again."
"Nothing further."
Tribbey also called forward the medical examiner, who admitted that the wounds were somewhat unusual for a supposed attack. Another thing the medical examiner pointed out upon cross-examination was that the wounds were too high up on the body for Donna to have inflicted the wound, even on accident-he was a good four inches taller than her. It was the slam-dunk Ainsley had been hoping for.
After this came the closing arguments. Tribbey implored the jury to see past the abuse and see how Donna might have been motivated to commit bodily harm, while Ainsley argued the exact opposite.
When all was said and done, the court was called into recess while the jury deliberated, and everyone stepped out into the hall. CJ called Mrs. Landingham to check on Abbie Jean, while Ellie and Charlie were left alone as Josh, Sam, and Ainsley quietly chatted.
"Seemed like that went pretty well." Charlie commented. "The jury seemed like they were believing Ainsley."
"Yeah, but is it gonna be enough?" Ellie asked worriedly.
Charlie just hugged her and silently prayed that for everyone's sake, it would be.
"Thank you." Ellie muttered. "Charlie?"
"Yeah?"
"I have to tell you something."
"What?"
Ellie pulled back to look her boyfriend in the eye.
"I'm late."
…
A few hours later, as Charlie processed this information, word came that the jury was back from deliberations. Ainsley said that the fact that it had not taken long was a very good sign.
"Has the jury reached a verdict?" Judge York asked.
"We have, Your Honor." The foreman replied.
"Will the defendant please rise?" Donna rose and faced the jury.
"On the charge of voluntary manslaughter, how do you find?"
Everyone held their breath.
"We find the defendant, Donnatella Moss, not guilty by reason of self-defense."
Donna let out the breath she didn't know she was holding.
"And on the charge of assault with a deadly weapon?"
"We find the defendant...not guilty."
Donna could only cry with excitement as she and Ainsley tightly hugged. Her long nightmare was over.
A/N: And that's that! I was tempted to use the verdict as a cliffhanger, but I didn't have the heart to. The next chapter will be happier, I promise, but will also introduce a couple of new conflicts. Please let me know what you thought!
