by Alex Marcoux
“Anastasia, do you know Ms. Marcum?”
“Yes.”
“And how is it that you know her?”
“Sidney used to be my personal manager and friend.”
“She used to be your friend? You two aren’t friends anymore?”
“Yes, we’re friends.”
“Ms. Anastasia, do you know what this hearing is about?”
“I believe it’s to decide primary custody for Sidney’s son, JP.”
“How do you know that? Did you talk with Ms. Marcum about the hearing?”
Anastasia’s eyes diverted to Sidney. “I did.”
“And what was said during that conversation?”
“I asked why she subpoenaed me.”
“You did? What did she say?”
“She told me she had not subpoenaed me, but that her ex-husband must have.”
“So, you received a subpoena, directing you to come to court today?”
“That’s correct.”
“Do you understand that the subpoena came from my office?”
“Yes.”
“What else did you speak with Ms. Marcum about?”
“Objection.”
“I’ll withdraw the question. Did you and Ms. Marcum discuss why Michael would have subpoenaed you to testify?”
“She said Michael believed I would have information regarding a boating accident.”
“Did she tell you how you should testify today?”
“Absolutely not.”
“Did you tell her what you would say today?”
“No.”
“How well do you know Justin Whitman?”
“JP?” Anastasia glanced at him and smiled. He returned the smile. “I think I know him pretty well.”
“Do you consider yourself a friend of his?”
“I do.”
“What do you do with Justin?”
“I don’t understand the question.”
“You’re friends. What type of activities do the two of you do? Play cards?”
“We’ve sailed together. We’ve water skied together, fished, crabbed, listened to music together, and yes, we have played cards. Then there have been times when we’ve just talked.”
“Have you ever been alone with Justin? Or have your visits with him always been in Ms. Marcum’s presence?”
“I’ve been alone with him.”
“So Ms. Marcum trusts you to care for her son?”
“Yes, I guess so.”
“And you consider yourself a friend of Sidney Marcum’s?”
“I do.”
“A good friend?”
She hesitated. “A good friend.”
“Let’s talk about the day of the boating accident. The way I understand it, Justin was playing alone in Ms. Marcum’s speedboat. Is that correct?”
“No. That’s not correct.”
“It isn’t? He wasn’t alone in the boat?”
“He was the only person in the boat. But both Sidney and I were watching him from the shore.”
“So you and Ms. Marcum were watching him from the shore. How far away were the two of you from Justin?”
“I don’t know.”
“If you were to guess, how far would you say?”
“I don’t know.”
“Can you tell us if you were closer to five feet or fifty feet away?”
“I don’t know.”
“Okay. What was the weather like that day?”
“Initially it was nice, then later it became overcast-“
“Overcast? When Justin was playing on the boat alone, did it ever get windy?”
“At some point, the wind started to pick up.”
“When Justin was playing on the boat, did it start to thunder and lightning?”
“At some point, it started to storm.”
“Did it rain?”
“Not until after the accident, I believe.”
“How old was Justin when he was left alone to play on this boat?”
“I’ve already told you-he wasn’t left alone. And he wasn’t playing; he was cleaning the boat.”
“On the day of the accident, how old was Justin?”
“I believe he was eleven at the time.”
“So while the storm came in, was Justin the only one on the boat?”
“When the storm came in, Sidney told him-“
“Ms. Anastasia, please answer the question. ‘Yes’ or ‘no’? Was Justin the only one on the boat?”
“Yes.”
“And his mother sat there and allowed it?”
“No.”
“No? Did Ms. Marcum pull him out of the boat?”
“She told him-“
” ‘Yes’ or ‘no,’ Ms. Anastasia. Did Sidney Marcum pull her son from the boat?”
“It’s not a ‘yes’ or ‘no’ answer.”
“Yes, it is. She either pulled him out of the boat or she didn’t. So which is it? Did Sidney Marcum pull her son from the boat?”
“Objection,” Jennifer interrupted. “Counsel is refusing to allow the witness to answer completely.”
“Objection overruled. Ms. Anastasia, please answer the question with a ‘yes’ or ‘no’ response,” Hastings directed.
“Let me repeat the question,” said Clancy. “Did Sidney Marcum pull her son from the boat?”
“No.”
“Thank you. While Justin was in the boat, you and Ms. Marcum were talking, weren’t you?”
“We were talking.” . “So Justin did not have Ms. Marcum’s complete attention, now did he?”
“Sidney was pretty focused on where her son was, and what he was doing.”
“Ms. Anastasia, my question was-did Justin have Ms. Marcum’s complete attention?”
“She was watching him.”
“When Justin fell in the water, neither of you saw him fall. Isn’t that true?”
Anastasia hesitated. “Correct.”
“So neither one of you was watching him. Is that correct?”
“No, that’s not correct. Sidney was very focused on him.”
“Then how did she not see him fall in the water?”
“I don’t know, maybe she blinked.”
“Blinked?” Clancy sighed and was showing signs of frustration. “Is it possible that she was looking at you when he fell?”
“I don’t know.”
“You don’t know if she was looking at you?”
“I don’t know,” Anastasia repeated.
“After the accident, isn’t it true that Ms. Marcum confided in you and told you she blamed herself for the accident.”
“We talked about a lot of things. It was an accident. Kids fall.”
“Isn’t it true that Ms. Marcum blamed herself because she took her eye off him?”
“She was being hard on herself.”
“Yes or no?” The tone of Clancy’s voice was antagonistic.
Anastasia hesitated.
“Objection, your honor, leading question. Additionally, Mr. Clancy is harassing his own witness,” Jennifer said.
“Your honor, I ask that Ms. Anastasia be deemed a hostile witness. She’s nonresponsive; she’s here under subpoena; she’s admitted that she’s a good friend of the respondent and therefore biased.”
“Agreed. Objection overruled. Ms. Anastasia, you must answer the question.”
“Let me repeat the question. Ms. Anastasia, isn’t it true that Ms. Marcum blamed herself because she took her eye off her son?”
“In my opinion-“
“Yes or no?”
“Yes. But-“
“Thank you. Ms. Anastasia, what was the nature of your relationship with Stephanie Mitchell?”
Sidney’s hand clutched Jennifer’s arm. “Jennifer, you’ve got to object.”
“We were friends,” Anastasia answered.
Clancy repeated the question, “What was the nature of your relationship with Stephanie Mitchell?”
“Objection, asked and answered,” Jennifer objected. Cl
ancy repeated, “A friend, is that what you said?” Anastasia nodded.
“Let the record reflect that the witness is nodding affirmatively. What do you do with your friends?” Clancy asked with a chuckle. “Excuse me? I don’t understand your question.” Clancy walked over to the witness box and stared at Anastasia. “Were you and Stephanie Mitchell lovers?”
“Objection, your honor, relevance?” Jennifer shouted. There was squirming from the rear of the courtroom. The reporters were starting to wake. Oh, God. This is going to destroy her, Sidney thought.
Anastasia’s heart raced. She glanced at Sidney and the two recognized fear in each other’s eyes.
“Your honor, we have evidence to show that Ms. Anastasia and Ms. Mitchell were lovers, and that Ms. Marcum, with this knowledge, still allowed this type of person to socialize with her son. In fact she trusted this type of person to watch her son,” Clancy argued.
“I’ll allow it.” The judge turned to Anastasia. “You must answer the question.”
Is today a good day to come out? Anastasia asked herself as she gazed upon the vultures in the rear of the courtroom. “Yes. We were.”
There was a disruption from the rear of the courtroom. A couple of reporters left to call in the scoop.
“Are you a lesbian?”
“If you asked me that a year ago, I would have said yes.”
“And now?”
“I’m engaged to be married to a man in two weeks. My preference would be with a woman. But I guess I don’t discriminate. Does that make me bisexual, Mr. Clancy?”
“I’m not an expert, and I ask the questions here,” he answered sarcastically. “So, let’s talk about your relationship with Ms. Marcum.”
“What about it?”
“Were you lovers?”
“Absolutely not.”
“You were not lovers?”
“I said no.”
“Your honor, at this time I would like to enter into evidence this photograph marked as Exhibit 18 for identification.” Clancy presented the judge with the photograph. He also provided Jennifer with a copy.
Sidney’s heart sank when she saw the picture of Anastasia and herself slow dancing together. She knew the picture was damaging.
Jennifer glanced at Sidney and whispered, “Talk to me.”
“It was a first-year celebration for Anastasia. It was innocent. The waitress was making advances toward me, and Anastasia stepped in,” Sidney whispered back.
“Your honor, may I approach the witness?” Clancy asked.
“Yes.”
Clancy brought the picture to the witness box. “Is this you and Sidney Marcum in the picture?”
Anastasia looked at the compromising picture. “Yes, but-“
“In the picture, you clearly have your arm around Ms. Marcum. What are you doing?”
“We were dancing.”
“Were you slow dancing?”
Anastasia hesitated. “Yes.”
“Do you slow dance with women that are just friends?”
“No, but-“
“Thank you. Ms. Anastasia, what do you do with your friends?”
“Objection, argumentative,” Jennifer argued.
“Latitude, your honor?” Clancy pleaded.
“Overruled,” said the judge.
Clancy repeated, “What do you do with your friends?”
“I’m sorry, I don’t understand the question,” Anastasia replied.
“I’ll try to be more specific. Do you have sex with your friends?”
“No.”
“You obviously dance with them,” Clancy said as he held up the photo. “Do you kiss your friends?”
“Depends what you mean by kiss.”
“On the lips,” clarified Clancy.
“No.” Sidney knew Anastasia was getting upset.
Clancy returned to his table and sorted through various documents. “May I approach, your honor?”
“Yes.”
Clancy returned to the bench and dropped something with the judge, then Anastasia. Sidney knew something was wrong before she saw it. Anastasia’s face went pale; then she looked over at Sidney. Sidney saw fear in her eyes again.
“Your honor, I’ve marked this photograph as Exhibit 19 for identification.” Clancy made his way to Jennifer and dropped off a copy of the photograph. Jennifer saw the picture first and her face appeared to pale as she turned it over to Sidney.
“Oh God,” Sidney whispered, when she saw the photograph of Anastasia and herself kissing on the beach.
“Your honor, at this time I move for the admission of exhibits 18 and 19 for identification.”
“Counsel, any objections?” Judge Hastings asked.
“Yes, your honor,” Jennifer stood. “First, Counsel has never disclosed these photographs. Second, he has failed to lay the proper foundation for their admission. Third, these photographs are not relevant and even if you feel they are relevant, their prejudicial impact outweighs probative value they may have.”
“Your honor, these pictures are relevant,” Clancy argued. “We are trying to determine who will provide a better and more stable environment for Justin. These pictures clearly show that Ms. Marcum will not provide such an environment. She is not a fit mother; she is gay and is inviting other gay women into her household where she intends to raise Justin.”
“Mr. Clancy is trying to attack the reputation and character of this witness and my client,” argued Jennifer.
“Counsel, that’s enough. Mr. Clancy, are you moving to use these pictures for impeachment purposes or for evidence of witness character?”
“Both, your honor.”
“I will allow the admissions of these photographs for the sole purpose of inquiring into Ms. Anastasia’s character for truthfulness or untruthfulness,” Hastings ruled. “Exhibits 18 and 19 for identification are admitted. Mr. Clancy, proceed.”
“Ms. Anastasia, would you please tell the court what two people are in this photograph?”
“Myself…and Sidney.”
“What are the two of you doing in the photograph?”
“Kissing.”
“Are the two of you kissing on the lips?”
“Yes.”
“Ms. Anastasia, I thought you don’t kiss your friends on their lips.”
“That is what I said.”
“Do you still deny that you and Ms. Marcum were lovers?”
“That’s correct.”
“And you expect this court to believe this?”
“Objection.”
“I’ll withdraw the question. No further questions, your honor.”
Jennifer stood. “Your honor, I’d like to request a ten-minute recess to confer with my client.”
“Ten minutes,” the judge agreed and court was recessed.
Sidney turned to look for her son. “I need to see JP.”
Jennifer said unsympathetically, “Right now I think you need to come with me.” Sidney followed Jennifer into a private conference room. Jennifer turned and stared at her client. “You want to tell me what the hell is going on?”
“Oh God, you don’t believe me.” Sidney knew it must look bad if Jennifer was questioning her.
“A picture of the two of you dancing together hurts, but kissing…this could destroy our defense. Remember? You haven’t been involved with anyone since Charlie?” The lawyer felt betrayed.
“Jennifer, we weren’t lovers.” Sidney started pacing the small room, wondering where to start. “We used to be great friends. Then about seven months ago, she made a pass at me while we were at the beach…and yes, I did kiss her back, if only for a moment. But then reality hit and I stopped it. It didn’t go any further. Our friendship has never been the same, and that’s the truth, Jennifer.”
“Does she know you’re gay?” Jennifer asked.
“She didn’t up until the Central Park Concert. She fired me the following day.”
“Are there any more surprises?” demanded Jennifer. “Is there anything else I s
hould know?”
“No more surprises, and I don’t think this matters, but … I told you once that there was someone I liked, but it never developed into a relationship …”
“Yes, I remember.”
“It was Anastasia.”
“Great.”
Court reconvened and Anastasia returned to the witness stand. “Remember, Ms. Anastasia, you’re still under oath,” Judge Hastings instructed.
“Your honor, may I approach the witness?” Jennifer asked.
The judge nodded and Jennifer approached Anastasia.
“Anastasia, how long have you known Sidney Marcum?”
“Almost two and a half years.”
“During your friendship with Ms. Marcum, have you ever seen her to be an unfit mother?”
“Absolutely not.”
Jennifer placed the photo of Sidney and Anastasia dancing in front of her. “Anastasia, do you know where this picture was taken?”
“Yes. We were at a club in New Hope. I think it’s called The Cartwheel.”
“Why were you there?”
“I hosted a party to celebrate my first year with MPI. We had dinner in the restaurant, and when it was finished we visited the disco.”
“Who attended this event?”
“All the employees of MPI along with their partners, and Stephanie and myself.”
“You’ve stated under oath that you don’t make a rule of slow dancing with just friends. Would you be able to explain why the two of you slow danced?”
“Yes,” Anastasia paused and collected her thoughts. “The waitress from the restaurant followed our group to the bar. She was very interested in Sidney and cornered her on the dance floor. I pretended to be with Sidney by cutting in on her on the dance floor. It worked; the waitress went away.”
“So it was innocent?”
“Completely innocent.”
“Have you and Sidney Marcum ever been lovers?”
“No.”
Jennifer pulled out the picture of Anastasia and Sidney kissing. “Anastasia, could you tell the court what happened in this picture?”
Anastasia glanced over at Sidney. “It was earlier this year and the two of us took a walk on the beach. I kissed her, she said no, and that was it.”
“You kissed her?”
“Yes, J kissed her.”
“Did you think she was gay, when you kissed her?”
“No.”
“But you kissed her anyway?”
“Yes … I had fallen in love with her. I took a chance that she could feel the same. But I was wrong. She made it clear that she wasn’t interested.”