Disclaimer: I do not own One Tree Hill or any of its characters.

A/N: Hey guys! Once again I'm apologizing for the delay in updating. (Feels like I'm doing that a lot lately…lol). My excuses if you're interested is the trial is more challenging than I thought, and plus school is back on too.

Thanks, as always to all of you reading and especially reviewers. I hope you all enjoy this part of the trial. Obviously I'm no lawyer so I'm sure it could have gone very differently if I had seven years of law school…lol, but I did do a lot of research so hopefully you like it anyway. I wasn't sure how the witness oath was done in the States now so hopefully it's right, and also I didn't know what year to use so I just went with this year, even though I know season one era should be in like, 2002 or something. And the date, I wasn't sure when the break between semester is in the U.S. so I guessed it as the same as we have it here in Canada, Ontario. Anyway, I'll shut up now and let you get to the chapter. Another long one, I might add. LOL.

AAA

"Officer Thompson," the District Attorney began. "You were the investigating officer in regards to Miss Haley James' accusation of rape against Nathan Scott, the defendant?"

"One of them, yes," he replied.

"On February 4th, did you and fellow officers perform a search at 122 Canair Street, residence of Marvin McFadden, where the rape was said to have occurred?"

"Yes we did."

"And what were your findings in the house?"

"Well, our search warrant limited us to the one room."

"The one Miss James awakened in."

"Yes."

"Did you find anything significant in that room?"

"Yes, ma'am, we did. We found a bloody sheet and a used condom, which were both sent to the lab for DNA analysis."

"What did that analysis determine?"

"That the blood belonged to Haley James, as well as the DNA found on the outside of the condom."

"And the inside?"

"That of the defendant, Nathan Scott."

"So you arrested him?"

"Not at that point, no, but we did bring him in for questioning."

"Did you question him personally?"

"Myself and Sherriff Corbin, yes."

"What did Mr. Scott have to say about himself and Miss James?"

"That he'd gone after her to get back at his half brother, Lucas Scott."

"Get back at him for what?"

"He never said."

"So he confessed," Lacey began, "but he wasn't arrested that day. Why is that?"

"He claimed the sex was consensual so we had to let him go pending further investigation. When we got the evidence we needed, we issued an arrest warrant."

"I understand he wasn't home when officers arrived at his home?"

"That's right," Thompson said. "We spoke to his father and gave him twenty-four hours to turn himself in."

"And did he?"

"Yes, he did."

"Can you tell the court what happened the day he turned himself in?"

Officer Thompson gave a descriptive synopsis of how Haley had been present at the police station when Nathan arrived, how Nathan had walked up to her and all but demanded her to stop what she was doing to him.

"So he was trying to intimidate her?"

"Objection," Mr. Kowalski shouted out. "Officer Thompson could not possibly know my client's intentions."

"Sustained," the judge said. "Ask another question, counselor."

"How did Miss James react to this confrontation?"

"She was terrified, trembling and crying, even after our officers grabbed a hold of him and locked him in a cell."

"So basically, like any victim would when aggressively charged at by her assailant," the D.A. brought up, knowing an objection was forthcoming, yet still wanting to put it out there for the jury's ears. "Withdrawn," she said when the objection came swiftly. "Thank you, Officer Thompson. No further questions."

"Your witness," the judge told the defense.

Mr. Kowalski stood to his feet, holding some sort of document in his hand. Facing the policeman, he began his cross. "You say there was blood on a sheet, and a condom with both Haley James and my client's DNA?"

"Yes."

"Does that necessarily prove rape over consensual sexual intercourse?"

"It doesn't necessarily prove it, no, but that's where the questioning comes in."

"Which brings me to my next point," Kowalski stated. "You say my client admitted going after Miss James in retaliation against his brother?"

"Yes," Thompson replied.

Mr. Kowalski nodded and paused a moment. "Was there anything more to that statement?" he asked. "Anything you might have left out?"

"I'm not sure I follow you."

The defense attorney lifted his hand, showing the paper he held. "This is a copy of the written report of the interrogation of Nathan Scott, held by Sherriff Corbin and yourself," he said before handing it over to the policeman. "Would you read the highlighted part for the court, please?"

The officer cleared his throat before complying with the request.

Readings from chap 74

"I didn't drug her or rape her. I thought we'd just maybe make out or something, and then it would get back to Lucas. I didn't think she was going to sleep with me right away."

He finished the reading and returned the document to the lawyer.

"Did Nathan Scott say those words?" the lawyer asked.

"Yes," Thompson answered flatly.

"So he didn't actually confess to rape, did he?"

"Not in so many words…"

"Not in any words," Kowalski cut off. "Now let's talk about the incident between my client and Miss James at the police station, shall we? You said he charged at her and demanded she stop her actions against him?"

"Yes, and there was a room full of officers who can verify that."

"Ok," Kowalski stated, reading from another sheet. "But isn't it true that before making any demands, my client first asked, quote (from end of chap 82), "Why are you doing this?"?"

"Yes, that's true."

"And aside from his demands to put a stop to her accusations, didn't he also say, (chap. 83) "I didn't do anything to you! Why are you doing this to me? You were into it as much as I was! Why don't you just admit it?"?"

"Yes, I believe he did say that as well," Thompson acknowledged.

"So if he'd slept with this girl at a party, and she cried rape, isn't it possible that all my client wanted from her were answers? Wouldn't the natural question be why?"

"In the case of an innocent accused, of course, but…"

"Well the law says he is innocent," Kowalski pointed out, challenging the policeman to speak against the legal doctrine of "innocent until proven guilty" in open court. However, he didn't give time for the man to respond before declaring he had no further questions.

…

Katie was called and led into the courtroom to testify. Before sitting in the witness box, she was told, by a court official, to raise her right hand.

"Do you solemnly swear that the evidence you shall give shall be the truth, the whole truth and nothing but the truth?"

"I do," she answered before being allowed to round the witness box and take a seat.

"Please state your name and occupation for the record," the prosecution said.

"Katie Sanders. I'm a student at Tree Hill High."

"Where were you on the night of February 3rd, 2010?"

"I was at a party at Marvin McFadden's house."

"Was the defendant, Nathan Scott, also present at this party?"

"Yes he was."

"Did you speak to him?"

"Yes."

"Were there any drugs at the party?"

"There's always drugs at these parties."

"Did the defendant have drugs on him that night?"

"Yes."

"Was that unusual?"

"No. He usually has something on him during parties."

"How well do you know the defendant?"

"Very well."

"The two of you have been intimate?"

"Yes. Many times, even though he had a girlfriend."

"Objection, your honor," Mr. Kowalski called out. "Irrelevant. The charge is rape, not infidelity."

"Sustained," the judge said. "The jury will disregard the witness' last statement."

Unperturbed, the D.A. went on. Even though the judge had struck it, the jury had still heard it, which worked in their favor. "What kind of drugs did Mr. Scott have on him that night?"

"He had liquid X."

"Can you tell the court what you saw him do with it?"

"He put it in a soda can."

"And what did he do with that can?"

"He went over to Haley James and handed it to her."

"Did that surprise you?"

"Objection, calls for the opinion of the witness," Kowalski said.

"Goes to show behavior patterns, your Honor," the D.A. argued.

"I'll allow it. The witness may answer the question," the judge declared.

"Did it surprise you that he put liquid X in her drink?"

"Yes and no."

"How can it be yes and no?"

"It didn't surprise me because he's done it before to other girls, but it did surprise me that he did it to her."

"You say he's done it to other girls. Has he ever drugged a drink of yours?"

"Yes, several times. He said it made the sex better. And sometimes when I wasn't in the mood for sex, he'd slip me some without my knowledge."

Nathan snorted with disdain. "Yeah, cuz you weren't begging for it every time," he grumbled disdainfully.

Immediately Mr. Kowalski leaned over to Nathan and hushed him.

"And why did you find it odd that he would drug her drink?"

"Because he never showed any interest in her before. But then I found out it was because he was mad that Peyton, his on/off girlfriend, had left the party with Lucas and he wanted to get back at him."

"Haley and Lucas are close?"

"I don't know them that well but, from what I've seen, yes. They're usually always together."

"Ok, so he walked over to Haley after Peyton had gone with Lucas, and he handed her the soda," Lacey clarified. "Did Haley drink from the can he gave her?"

"Yes, she did."

"Then what happened?"

"At first they were just talking and then she started getting all giddy and started flirting with him."

"Then what?"

"Then he took her upstairs."

"Thank you. Just a few more questions. Can you tell us about the incident at school that caused Mr. Scott's bail to be revoked?"

"Ok. I was walking to my car in the parking lot at lunch time and Nathan followed me out…"

"Was that common for him to do that?"

"Yes. A lot of times we'd fool around in my car or make secret plans to meet somewhere."

"Why was this particular time different?"

"Well, for one, I'd ended our little thing. I still wanted to be with him but I finally figured out he was just playing me and Peyton both, and I didn't feel right anymore always sneaking around behind his girlfriend's back."

"And the other thing?"

"He wasn't supposed to come near me. There was an order of protection filed against him when he was let out on bail."

"An order of protection filed by us, the prosecution."

"Yes and I was glad for it. I was afraid he'd come after me for testifying against him."

"What did he say to you that day?"

"He said he was ready to leave Peyton so that he and I could be together for real."

"Like I'd ever leave Peyton for you," Nathan scoffed.

The judge sent him and his lawyer both a warning glance. "Mr. Kowalski," he said sternly. "I suggest you control your client."

"Yes sir, my apologies, your Honor," the lawyer replied. "May I have a moment to confer?"

"Make it quick."

The lawyer once again leaned toward Nathan and whispered to him to keep silent.

Nathan frowned and whispered back. "Well, she's spewing out a bunch of crap. Can't you like, object or something?"

"I can only object on matters of law. Besides, juries tend to get annoyed with obsessive objections," Kowalski told him. "I'll address her remarks in cross-examination, but until then you need to stop interrupting before you anger the judge more than you already have."

"Fine," Nathan remarked sulkily before sitting back in his chair.

The lawyer signaled they were ready to continue so the D.A. went on.

"He wanted to stop you from testifying?"

"Yes, and he got really mad when I wouldn't agree to it."

"How mad?"

"He started screaming at me and calling me names."

"Did he get violent?"

"Not himself but he got his girlfriend and two other friends to show me the consequences of ratting him out."

Nathan let out a huff at the comment but one look from his lawyer prevented another outburst. Peyton, Brooke and Rachel all had to hold their tongues as well.

"What did that mean?"

"To rough me up."

"And did they?"

"One did. She hit me and knocked me to the ground while the other two stood around so I couldn't get away."

"Where was Mr. Scott during this time?"

"He left after giving the order so he wouldn't be incriminated."

"Thank you, Katie. No further questions."

"Your witness," the judge said to Mr. Kowalski.

"Thank you, your Honor," he said as he stood and walked closer to the witness box. "Unlike the District Attorney, I'll just get straight to the point of why we're here," he continued before posing his first question to Katie. "You say you saw my client slip liquid ecstasy in a soda can, walk over to Miss Haley James, and hand it to her. Is that correct?"

"Yes."

"Is it possible it was something else? Like another substance perhaps, or an aspirin or, or, I don't know, a clump of sugar?" he asked, his tone a little patronizing.

"No. It was definitely liquid X," she answered.

"To know the exact contents, I assume you were standing fairly close to him. Am I right?"

"Yes. I was just a few feet away from him."

"Ok. So he then walked across the room to Haley James, gave it to her, and she drank from it?"

"Objection, your Honor," the D.A. said with annoyance. "Asked and answered."

"Move on, Mr. Kowalski," the judge said.

"And you mentioned he's been known to do this to several girls, yourself included," he went on. "Have I got that right too?"

"Yes."

"And have any of these other girls come forward?"

"Not that I know of."

"Well, who are these others?"

"I don't know their names. I don't hang out with them."

"I see. So my question to you then would have to be, what did you do to stop it?"

"I didn't know what to do."

"Here's a man with a history of drugging females and you say you didn't know what to do. By your own admission, you watched the whole thing happen. Some might call that an accessory to the crime."

"Objection," the D.A. called. "Is there a question in there?"

"Sustained. Choose your wording wisely, counsel," the judge warned.

With a simple nod of his head, the lawyer continued. "When you noticed my client putting drugs in the can, did you approach him at all? Tell him to stop what he was doing?"

"He wouldn't have listened…"

"Just a yes or no, please. Did you or did you not try to stop him?"

"No, I did not."

"Even though you were standing, according to your testimony, just a few feet away?"

"It wouldn't…"

"Even though you were standing close by, you didn't try to stop him? True or false?"

"True but…"

"And when you saw Miss James about to drink from the can, did you run over to her? Warn her not to drink it?"

"No. I…"

"Hit it out of her hands?"

"No."

"Anything? Or did you just stand there and watch?"

"I didn't know what to do. I was confused. I was scared."

"Scared of my client?"

"Yes."

He nodded. "And after they went upstairs, where you were no longer threatened by his presence, what did you do?"

"I was sick by what he was doing so I went home."

"I see. So you let a rape go down so you could… clear your head? Did you at least call the police?"

"Not at first, but I did talk to them later."

"How much later?"

"I'm not exactly sure."

"Well then allow me to enlighten you. It was a full week. Why did you wait so long?"

"I don't know. Like I said, I was confused."

"Confused. Isn't it true that you only made a statement to the police after discovering my client had proposed to his girlfriend?"

"I don't know," she answered. "I don't know when he proposed."

"So if we had, say, traced my client's cell phone records, it wouldn't show a conversation the day prior to your statement to the police, between him and yourself where he specifically mentions the proposal?"

Katie's cheeks burned a scarlet red. Damn, had they really traced his phone?

"Your Honor?" Mr. Kowalski said when Katie sat silently.

"The witness shall answer the question," the judge ordered.

"Yes, it would show that, but…"

"And isn't the fact that he was cutting all ties with you what prompted you to go to the police with your claim?"

"No. I saw…"

"You were angry about the proposal, were you not?"

"I was hurt. I loved him but he wanted her."

"And you told him he would regret that, didn't you?"

"Yes, but I meant…"

"Thank you. No further questions."

"Does the prosecution wish to rebuttal?" the judge asked.

"Yes," the D.A. stated. "Miss Sanders, what did you mean by he'd regret it?" she asked making sure the jury got to hear what the defense hadn't allowed her to say.

"Just that he would never be happy with her because she doesn't really love him. She just wants to control him."

"So you weren't saying 'be with me or I'll stick the law on you?"

"No, of course not. I know it took me a while to do the right thing, but that is why I'm doing this…so he can't hurt anybody else."

"Thank you. That's all."

The judge looked toward the defense attorney and asked if he had more questions.

"No, your Honor."

"The witness may step down," the judge said.

Nathan glared at her as she passed by him. Never had he wanted to hit a girl so badly, especially when she met his look with a blank expression. Somehow he just knew she was laughing inside. He turned to Mr. Kowalski, who was seated next to him again, and asked in a frustrated whisper why he'd only questioned her on half the things she said and not laid into her for the other things.

"Because the other things were irrelevant," the lawyer whispered back.

"Yeah but now they probably think I'm this huge jerk," Nathan complained, referring to the jury.

"It's important that the jury distinguish truth from lies," the older man debated. "My job is to discredit the witness and make them doubt you're a rapist, not portray you as a saint. This isn't about making them like you because, believe me, if any of them have teenage daughters, that's not going to happen," he added. "Trust me, all right. I know what I'm doing."

And Nathan just sighed. He sure as hell hoped so.

"The prosecution may call its next witness," the judge spoke out.

"We call Miss Haley James to the stand."

…

Haley approached the witness stand, her heart thumping painfully in her chest. The moment had finally come to tell her story and she couldn't be more nervous. She thought she might actually pass out from sheer anxiety.

"On February 4th, you went to the hospital," the D.A. said after Haley had taken the oath and sat. "Can you tell the court why?"

Haley gave a nervous cough, not sure if she was ready for this even though she'd been prepped. Her heart beat even faster as she felt every eye on her awaiting her response, including Nathan's, though she tried as best she could, to avoid looking his direction. "I…I believed I was raped," she said, her voice a little shaky, but otherwise clear.

"What do you mean you believed? You didn't know?"

"I don't remember it because I was drugged, but I woke up naked and sore…"

"Where were you sore?"

"Umm, in the genital area," she answered, her face flushed.

"Ok, what else?"

"The sheets had blood on them..."

"Virginal blood?"

"Yes. I planned to remain a virgin until my wedding night," Haley answered softly. "Now that plan is ruined," she added, her eyes a little misty.

"Can you tell us from the beginning what you do remember about that night?"

"I went to a party with Luke, my best friend. He was always on me about having more fun instead of studying all the time like I normally do. It was at another friend's place, who doesn't usually have parties, so I agreed to go."

"Were you drinking or doing drugs at this party?"

"No. I don't do either of those."

"But your friend, Luke, didn't end up staying."

"No, Peyton, his girlfriend at the time, came in a few hours later and he left with her."

"Now hold on, is this the same Peyton that was dating Nathan?"

"Yes, but they had broken up and Lucas asked her out."

"Ok. What happened after Lucas left?"

"Damien and Nathan came over and talked to me."

"Together?"

"No. Damien came over first and then Nathan right after."

"Then what?"

"Then Nathan told Damien he should go with some of the other guys who were going on a beer run."

"So, he sent him away?"

"Yes."

"Ok, so now you're talking with just Nathan. Can you continue with what you remember?"

"We talked for a while…"

"About?"

"Umm, random things, nothing important, just kidding around basically."

"Flirting?"

Haley thought back to that night.

Flashback to party

"It's hot in here," Haley stated, pulling at her shirt to allow for a breeze.

He grinned boyishly at her. "I have that effect on girls," he said.

She smiled back. "Yeah, I bet you do. But in this case, I think it's the overcrowded room."

"Well then, how 'bout we go somewhere a little less crowded?"

End of Flashback

"I guess we were kinda flirting, yeah, yes," she answered after a while. "But I didn't take it as that at the time. I thought he was just playing around."

"What happened next?"

"We went outside for some air." Her brows crinkled. "We uh, umm, I think we…kissed."

"From that point on everything starts to get blurry?"

"Yes. The next thing I knew I was waking up in a bedroom."

"In a bloody sheet, naked and sore," the D.A. repeated what Haley had told earlier.

"Yes."

"So, going back to when Nathan approached you, were the two of you friends?"

"No, not at all. We don't run in the same circles."

"Besides that, is there another reason the two of you wouldn't be friends? Say, perhaps the conflict between him and your best friend?"

"Well yeah, of course. Nathan's always been a real jerk to Lucas."

"How so?"

Haley went on to tell of all the name calling, hazing, violence, and vandalism against Lucas.

"So this has been going on for quite some time?" the D.A. asked.

"Before Lucas joined the basketball team, Nathan pretty much just ignored him, but he hasn't left him alone since he joined," Haley answered. "Nathan thought he could bully Lucas into quitting, which didn't happen, but he tried."

"Objection," the defense lawyer shouted. "Witness is claiming knowledge of my client's private thoughts."

"Your Honor," the D.A. argued. "The defendant's animosity toward Lucas Scott is common knowledge. He's made no secret of it."

"Nonetheless, let us stick to the facts," the judge said. He turned to Haley and spoke to her in a softer tone than he had either of the lawyers. "Miss, please refrain from commenting on the thoughts or feelings of others."

Haley nodded timidly. "Yes sir, I'm sorry, your Honor."

"Moving past that night," the prosecution continued. "Did Mrs. Deborah Scott enter your place of work three weeks ago?"

"Yes she did."

"What? That's bullshit!" Nathan couldn't help shouting out in outrage. Why did they have to drag his mother into this?

"Counselor," the judge said in warning.

"Three weeks ago, my mom was in rehab," Nathan said despite his lawyer trying to calm him. No way she'd been out for three weeks and not come to see him. "She tried to commit suicide. What's wrong with you people?"

The judge hit his gavel on his desk several times, ordering silence in the courtroom. "Young man," he addressed Nathan sternly. "One more outburst from you and I'll hold you in contempt of court. Do you understand?"

Nathan glared silently at the man.

"Do you understand?" the judge repeated in a tone that brook no argument.

"Yes," Nathan muttered begrudgingly.

Peyton wanted to cry. Why couldn't this just be over already? All she wanted to do was run up to Nathan and pull him away from all of this, take him somewhere where there was no pain or fear or accusations. Somewhere they could be together and happy. But she couldn't. All she could do was sit there helplessly as the court proceedings continued, every word making her fiancé look worse and worse. She could only hope the jury could see past the lies and declare him innocent. She sat back as the judge instructed the District Attorney to continue with her questioning.

"Did she come in for a bite to eat?" the D.A. asked.

"No," Haley answered. "She didn't order anything."

"Well then what did she want?"

"She wanted to talk to me about my testimony."

"What did she say?"

"She offered me money in exchange for my silence."

"Any chance you misunderstood her intentions?"

"No," Haley said decisively. "She told me she'd pay me if I didn't testify against her son. She told me to name my price."

"So she wanted you to retract your statement that he raped you."

"Yes."

"Sounds like a mother who's not convinced of her son's innocence."

"Objection, Your Honor," Mr. Kowalski hollered.

"Sustained. Counselor, keep your opinions to yourself."

Lacey nodded courteously before thanking Haley for her testimony. "I have no more questions," she added.

Haley swallowed hard as the defense attorney stood up and offered her a smile. She knew it wasn't a friendly one, but one to make her feel uneasy. It worked. For a moment he was silent, which only increased the tension she felt, and then finally he asked his first question. It wasn't one she'd expected.

"Do you find my client attractive, Miss James?"

"Objection," the D.A. instantly shouted. "Relevance?"

"Are you going somewhere with this, counselor?" the judge asked.

"Yes, Your Honor."

"Overruled. The witness will answer."

"Did you not, on several occasions, tell your friends that you find Nathan Scott attractive?"

Various Flashbacks

(Haley to the Rivercourt gang and others -chap 4)

"Even though he's a jerk, he's not too shabby to look at. Oh alright. The guy's hot, ok."

(Haley to Lucas –chap 5)

-"As toned and muscular as his legs are, if I'm taking time to gawk, then these eyes are taking in the whole beautifully sculpted package, baby."

-"I always thought he was hott, but last week when I was watching you guys practice after my tutoring session, he took off his shirt, and I swear I literally had to pick up my tongue off the floor."

(Haley to Peyton –chap 39)

-"He's certainly easy on the eyes."

End of Flashbacks

"Yes," Haley replied. "But I didn't…"

"Just a yes or no will suffice," Mr. Kowalski said condescendingly. "You've made favorable comments on his appearance?"

"Yes," Haley answered stiffly.

"Now, you say you weren't friends," the lawyer continued. "You didn't run in the same circles, you begrudged his treatment of your best friend…"

"That's right," Haley said when he trailed off, seemingly expecting a reply from her.

"Yet you were talking and laughing and carrying on with him at the party. Flirting with him. You even kissed him. So tell me, why shouldn't we believe that you willingly had sex with him?"

Though she knew that question would be asked, she still couldn't help feeling offended by it. Damn it, she wasn't like that and she was tired of people looking at her like she was a whore. "I didn't willingly have sex with him," she answered in a rigid tone, her face flushed. "He raped me."

"Well, how do you know?" he asked derisively. "By your own testimony, you have no recollection of the majority of the night," he pointed out. "Or are you changing that story now?"

"No, he drugged me…"

"Did he?"

"Yes."

"You see him do it?"

"Well, no but the tests…"

"Ahh yes, the tests. Perhaps someone else put the ecstasy in your drink?"

"Umm…"

"Perhaps you put it there yourself."

"No…I…" she stammered.

"In retaliation for his treatment against your best friend."

"No…I'm not like that."

"Or maybe you wanted to have sex with him but you were too ashamed to admit…"

"Your Honor," the D.A. cut in. "He's badgering the witness."

"Sustained. Ask a question, counselor."

"Are you a tomboy, Miss James?" he asked.

"A tomboy?" Haley repeated in surprise. "Uh, no I'm not."

"Ok. You're a tutor, is that right?"

"Yes. I like to help people."

Again he smiled that condescending smile. "And on average, would you say more males or females come to you for…help?"

She sighed deeply before answering. "It's mostly males because…"

"Mostly males," Mr. Kowalski acknowledged. "As is your entire group of friends," he said. "In my experience there are two types of girls who typically hang around all males. The tomboys and the…"

"Objection!" the D.A. shouted with indignation.

"Withdrawn," the defense said before the judge could sustain like he knew he would. He was satisfied knowing that his meaning had been caught. "Miss James," he went on. "If you begrudged my client so much, why did you accept a drink from him in the first place?"

"I didn't," she answered. "At least not as far as I can remember."

"You've testified that you recall the evening up to a certain point."

"Yes."

"You remember Nathan approaching you. You remember events after he approached you."

"Yes."

"But you don't remember the drink he gave you when he first walked up to you?"

She shook her head, wondering if he was just trying to mix her up. "He didn't give me a drink when he first came up," she said. "I already had one from Damien."

"Well then how do you explain my client handing you a drugged soda?"

"He didn't hand me anything," she answered again. "He must have slipped the drug in while my head was turned or when I went to the washroom."

"So, to be clear, it's your sworn testimony that Nathan Scott did not hand you a soda can when he first approached you?"

"Right," she repeated, wondering why he was stressing on this. "He didn't."

"Thank you, Miss James. No more questions."

"Redirect, Your Honor," the D.A. requested.

"Go ahead," the judge said.

"Referring to the tutoring brought up by the defense, why is it mostly males who come to you for tutoring?" she asked.

"Because our school doesn't have many female athletic programs," Haley answered.

"Why does that make a difference?"

"The athletes have to maintain a "C" average to be eligible to play," Haley replied. "So they're more likely to come for tutoring."

"And, in light of events the night of the party, can you say with absolute certainly that Nathan Scott never handed you a soda?"

"Umm, not that he didn't at all, no, but…"

"Thank you, Haley. Nothing further."

"Witness may step down," the judge said.

And Haley took a deep breath of relief, so glad her part was over.

…

"You're half-brother to the defendant, Nathan Scott," the D.A. said to Lucas, who was next to testify. "Correct?"

"By blood, yes," Luke answered.

"By that you mean you don't have a brotherly relationship?"

"That's right. We share the same father, but we weren't raised together," he answered. "My father abandoned my mother when she was pregnant," he added.

"So you and Nathan aren't close?"

"No, not at all. Nathan's always hated me, but I don't really know why."

"What makes you say he hates you?"

"It's pretty obvious with the way he acts, the stuff he says. He thinks he's better than me because our father stuck around for him and his mom."

"He refers to you as the bastard spawn?"

"Among other things, yes."

"Can you give us a few examples?"

"Pucas, that seems to be his favorite, loser, king of the rat pack…"

"Your Honor," Mr. Kowalski called out. "Is my client being charged with name calling?" he asked in a bored tone.

"Establishing a behavior pattern, Your Honor," the D.A. argued.

"Overruled. You may continue."

"Did things get progressively worse after a while?"

"Well yeah, when I joined the basketball team is when the whole thing started. Before that he just pretended I didn't exist."

"He didn't want you on the team?"

"No. He made that very clear."

"How so?"

"He told me straight out several times. Besides that, he and the team were always hounding me, hazing me…soaking my locker and stuff. They slashed my tires, destroyed the Rivercourt where my friends and I grew up playing ball, all kinds of stuff like that."

"So basically anything to make you quit."

"Yes. And Nathan threatened that it would get worse if I didn't listen."

"Did it?"

"Yes," Lucas answered. "After a while he kinda layed off a bit but then it got even worse when he found out that Peyton and I talked occasionally."

"She was his girlfriend?"

"Yes."

"What did he do?"

"At first he just told me to stay away from her, but when I told him he couldn't control everyone she spoke to, much less who I spoke to, he got really angry."

"He got physical?"

"Yes, he broke my arm in two spots…"

"Your Honor, approach the bench?" the defense attorney requested.

The judge permitted the request so the two lawyers stepped up to talk to the judge alone.

"The prosecution is bringing up a past crime for which my client has already been charged and punished," Mr. Kowalski stated in a hushed tone.

"Is this true, Miss Brown?" the judge asked her.

"Only to show the extent of the defendant's animosity toward his brother," she answered.

"You know prior convictions are inadmissible," the judge said.

"Your Honor…," she began.

"I'm sorry, Miss Brown, you'll have to find another way to prove your point. And be very careful from this point on," he warned her. "I won't tolerate such flagrant disregard for the law in my courtroom."

"Yes, Your Honor," she had no choice but to say.

"Judge, the jury has heard the witness' testimony," Mr. Kowalski complained.

"I'll instruct them to disregard."

"With all due respect, once they've heard it…"

"Don't push it, Mr. Kowalski," the judge warned. "You've been walking a fine line yourself."

He sent them away, gave the jury his instructions to disregard Lucas' last statement, and told the District Attorney to continue with her questioning.

"I understand you ended up dating Peyton?" the D.A. resumed.

"Yes, briefly," Lucas replied a little resentfully.

"And how did Nathan take that?"

"Not very well. He'd been trying to get her back for months."

"The night of the party, she was dating you? Or him?"

"Me but that's the night she broke up with me."

"At the party?"

"Not at the party but during."

"Can you elaborate for the court?"

"She came to the party late. She'd gone to a concert with her mother first," he explained. "When she got there, she asked me to go outside to talk."

"So you left with her?"

"Yes. We went for a walk and that's when she told me she was still in love with Nathan and was going back to him."

"You didn't return to the party."

"No. I was too upset so I just went home. I didn't go back until Mouth…err…Marvin, called me to tell me he couldn't wake Haley up."

"That was the next morning?"

"Yes."

"So you went over there. Were you able to wake her?"

"No. She woke up on her own a few hours later."

"In what kind of state?"

"She was groggy, confused. She didn't know how she got to where she was or why she didn't have clothes on."

"She wasn't dressed?"

"No," Lucas answered. "But she was covered with a blanket," he added to spare Haley that little bit of shame.

"Can you tell the court the conversation that took place between the two of you after that?"

"Well at first I teased her for getting drunk and sleeping so late because she never does that. Then I started telling her about Peyton but then she started to cry. She doesn't cry often so I knew something was wrong."

"What did she say?"

"She said she hadn't drunk any alcohol the night before."

"Yet she was groggy and…naked?"

"Yes," he said, his tone ice cold as he glared at Nathan.

"What did you do after that?"

"I told her to get dressed; I was taking her to the hospital."

"Why?"

"I was afraid she'd been violated so I wanted her to be examined. When she stood up and I saw the blood, I knew I was right."

"So you went with her to the hospital?"

"Yes and the tests they did confirmed that she was raped."

"Ok, thank you Lucas," she said before turning to the defense. "Your witness."

…

"So let me get this straight," Mr. Kowalski began his cross. "The tests at the hospital confirmed she'd been raped? Or that she'd had sex?"

"The fact that she had sex means she was raped," Luke replied. "She would have never done that willingly."

"Oh right right," Kowalski said patronizingly. "Because of her oath to remain a virgin until her wedding night?"

"Yes."

"So she couldn't have willingly had sex with him?"

"No."

"Even if she was attracted to him?"

"She wasn't."

"We've heard testimony to the contrary."

"No," Lucas argued. "She found him good looking but that doesn't mean she wanted to sleep with him."

"But isn't it possible that she did?"

"No."

"No? Not possible?

"No," Luke repeated.

"Why?" Kowalski asked. "Is she immune to the basic, carnal instincts of human nature?"

"Not immune to them," Lucas replied. "But she wasn't into Nathan like that. And even if she was, that vow was important to her. She wouldn't have broken it."

"Or at least not admit to it if she had," Kowalski stated.

"Objection, badgering."

"Sustained. Thin line counselor," the judge repeated what he'd told him just moments before.

"This animosity between yourself and my client," Kowalski continued. "Would you say it's mutual? In fact, weren't you at the defendant's home, involved in a physical confrontation with him when the police arrived to bring him in for questioning?"

"Yes," Luke admitted. "Now that he hurt someone I love, it is mutual."

"So, before it was all one-sided?"

"Pretty much."

"You never felt any ill feelings toward him after all you say he's done?"

"Well of course I did, but…"

"Just yes or no."

"I have, yes."

"So then, isn't it possible that Miss James slept with him of her own volition but was too afraid to admit that to you?"

"No. She wouldn't do that."

"Ok, let me try another approach. As your best friend, could it be that she, whether alone or with your help, cooked up a vengeful scheme to get back at my client for his treatment of you?"

"I wasn't a part of any scheme," Lucas shot out spitefully. "And Haley would never do that."

"Oh that's right. I forgot she's morally superior than the rest of us."

"Yes she is," Lucas fumed. "You know what? She's the victim here. He raped her and you're questioning her character?" He couldn't help it. He was furious.

"I didn't rape her," Nathan countered, unable to resist reacting to Luke's comments. "She wanted it, I gave it to her. And guess what? She liked it. She begged for more."

"You son of a bitch!" Lucas shouted irately, jumping from his seat. A seven foot, 220 pound guard stepped in front of him, blocking his path toward Nathan.

Once again the judge banged his gavel, ordering order in the court. Everything soon went quiet. "We're going to take a short recess," the judge said. "Mr. Kowalski, you can resume your questioning of the witness when we return from lunch."

"Oh, I have no more questions for this witness," Kowalski said, not pleased with Nathan's belligerence, yet satisfied with the knowledge that his cross had likely planted a seed of doubt in many of the jurors' minds.

"Court will reconvene in one hour, in which case I'll expect tempers to be cooled and the proper respect shown." One last hit of his gavel made his word final.

The room emptied, everyone going their own respective ways while Nathan was ushered to a temporary holding cell in the courthouse. His lawyer followed, fully intent on giving his client a much needed talking to.

Peyton sat in a restaurant across the street with her mother, her friends, and Nathan's family, not saying much of anything. She couldn't eat nor bring herself to join the conversation around her. Not that there was much talk happening, this whole thing really sinking in to everyone now that it was actually happening.

In one hour everyone resumed their positions in the courtroom as proceedings continued.

The D.A. spent the next while calling several people to the stand who could attest to Nathan's bullying ways, students and teachers alike. Boys, most of whom were victims of Nathan's and his group of friends' aggressive behavior and taunting remarks, told of how they were picked on, made fun of, and brutalized for no reason other than for the popular group's entertainment. Others told of looking at Peyton in a way Nathan didn't like and being "punished" for it. Girls spoke of having been sexual with Nathan, only to be discarded shortly after. Some of them admitted to having taken GHB (liquid ecstasy) with him to increase sexual sensations. Teachers confirmed Nathan's violent tendencies, attesting to having given him several detentions and trips to the principal's office for just that. They also commented on his sloppy school work, poor attendance, and overall disrespect for authority. Almost all of them testified that Nathan's hatred for Lucas was common knowledge around Tree Hill High.

Mr. Kowalski couldn't argue those facts, but he did, in his cross-examination, ask every one of them if they could say that Nathan had positively raped Haley. None of them could. He asked the girls who'd admitted to taking drugs with him if he'd ever forced them into it or given it to them without their consent. They said he hadn't. A few of these people even expressed annoyance at having been forced to testify when they hadn't wanted to.

Nathan was silent throughout the rest of these proceedings, resigned to the knowledge that his angry outbursts hadn't done him a bit of good. All it had gotten him was a stern admonishment from his attorney. Plus there was something very disconcerting about a slew of people going up, one by one, to basically talk trash about him. He always knew some people thought he was an ass but this many people?

He shook his head to clear it. He had a rape conviction to worry about, a prison sentence, a criminal record. He didn't have time to worry about what a bunch of losers thought of him.

The next witness the District Attorney called up was Jake, who reluctantly told the court his doubts of Nathan's innocence. He sent an apologetic look to the defense table as he answered questions about Nathan's intense hatred toward Lucas, and how far he thought Nathan could go for revenge. He hated saying he wasn't sure, wishing instead that he could tell everyone that Nathan would never go that far. And more than anything, he hated saying these things in open court, with so much at stake for his friend. But he couldn't help how he felt and he certainly couldn't fight against a subpoena. He hoped Nathan would eventually understand his position. The way his friend was glaring at him though told him he wasn't any closer to understanding than he'd been a few weeks back. He still saw this as a betrayal. And knowing Nathan's penchant for holding grudges, Jake figured he probably always would.

"Do your doubts automatically make my client guilty?" the defense asked Jake when the prosecution finished with him.

"No," Jake answered quickly, glad for that question. "Of course not."

"Were you at the party that night?"

"Yes I was."

"And did you see Nathan with Haley?"

"Yes."

"Did she appear to be in distress?"

"Not that night, no."

"Did you see him slip her anything?"

"No."

"See him rape her?"

"No."

"So, the only thing you're sure of is that they were interacting at the party," Mr. Kowalski stated dryly. "I have no more questions for this witness, Your Honor."

"Witness may step down."

The next few witnesses called were people attesting to Haley's good character, mainly teachers and students she'd tutored, all of whom commented on how sweet, quiet, well-mannered, and helpful she was. The D.A. asked the boys she'd tutored if they'd even been alone in a room with her. Those who said they had were asked if she'd ever accused them of sexual assault, as she had with Nathan. They answered no, she thanked them, and ended her questioning.

Mr. Kowalski's cross-examination of them was short, not seeing them as particularly important to the case. He simply asked them if Haley had ever shown any signs of being attracted to them as she had with Nathan, and if they'd ever done anything to warrant Haley holding a grudge against them. They said she hadn't in both scenarios and he dismissed them.

The doctor who'd performed the rape exam was next in the witness box. She told of the emotional condition Haley had been in when she arrived, the tearing and bruising of her vaginal area, and of the urine sample they'd done showing traces of gamma hydroxyburyric acid.

"And just so we're clear," the D.A. said, "that's the technical name for liquid ecstasy?"

"Liquid ecstasy is one of several of its street names, yes," the doctor answered. "It's becoming quite common in sexual assaults." She went on to explain the most common effects of the drug –increasing sexual experiences, decreasing inhibitions, dizziness, memory loss, etc, when taken in larger quantities. "It can even cause death," she added. "Miss James is a very tiny girl so it's just lucky it wasn't a deadly dose."

"Lucky, indeed," the D.A. agreed. "Now, you've been a doctor a long time," she continued.

"Twenty-seven years," the doctor replied.

"You've seen a lot of victims."

"Too many."

"In your professional opinion, was Haley James raped?"

"Oh absolutely. I haven't a doubt in my mind."

"Thank you, doctor."

…

"Are you a psychiatrist or a rape counselor, doctor?" Mr. Kowalski asked.

"No, I'm not, but I did take psychiatric classes in medical school."

"You mean the basic psychiatric classes every doctor has to take?"

"Yes."

"I see. So do those basic classes qualify you as an expert on rape?"

"No they don't but I've seen enough in my twenty-seven years as a doctor to recognize the signs."

"The signs being the tearing and bruising?"

"That and the girl's demeanor."

"Did you find any defensive marks on Miss James? Bruising on the wrists or arms? Skin under her fingernails?"

"No. It wasn't that kind of rape," the doctor answered. "With GHB she wouldn't have been held down or physically forced. There would be no need for that."

"Because the drug makes one more recipient to sex?"

"Yes, that's right."

"So the rape, provided there was a rape, wouldn't be classified as forcible or violent?"

"Physically, no."

"Then how would you explain the tearing and the bruising?"

"Well, it could be caused by, for lack of better wording, hard or rough sex, or the fact she was a virgin."

"Hard or rough sex," he seemed to ponder. "Even between consenting individuals, it can cause this?"

"Yes, but…"

"So it's possible she had consensual sex that night?"

"It's possible, yes, but I doubt…"

"And isn't it also possible, Doctor, that her distress was due to having had sexual intercourse with her best friend's worst enemy the night before?"

"Sure, of course. But as I said…"

"Thank you, doctor. No more questions."

"The witness may step down," the judge said. "Call your next witness, counselor," he added moments later.

"The prosecution rests, Your Honor."

"Then we'll adjourn for the day. Court will reconvene at 9:30 a.m. tomorrow morning, where we'll hear from the defense's first witness."

AAA

A/N: Well, there's the prosecution side. Hopefully it was realistic and you enjoyed it. Next chapter comes the defense side. And only one guess as to who Nathan's other 3 character witnesses will be. LOL. I hope you'll all be pleasantly surprised (and that you even remember these people…lol.)