by Alexi Venice
“That’s the executive team,” Carlisle said. “I thought it was odd that she had that photo hanging in the apartment. It was the only photo in there. She sure as hell didn’t have any family photos. Frankly, it made me wonder if other guys in that photo had been to her apartment for sex games too.”
“Do you have reason to believe others have?”
“Hell yes. I wasn’t her first rodeo. She was waaay too practiced at both the pick-up lines and sex games. She’s a woman who’s used to getting what she wants, and she makes no qualms about asking for it. On the other hand, she promoted me, paid me a bonus, and doubled my salary about a month into our twisted arrangement. I’m sure my payroll records reflect that.”
“Does she have a reputation at work for preying on subordinates?”
“I sure as hell wasn’t about to ask anyone. Again, my career is on the line.”
“Why jeopardize your career now?”
“First, she’s running for fucking President. Second, I have video. I mean, it’s not great video, but it’s enough to prove it was her.”
“I agree that it looks like her in the video. Would you be willing to text it to me?”
Carlisle paused. He stared at Tommy for what seemed like an eternity. Tommy saw an intelligent mind processing the cascade of events that would surely unfold after sharing the video with the SFPD. The story would be “out,” and, more importantly, out of Carlisle’s control. This was the moment of truth for any victim of a crime who was cognizant of the fact that he or she would be giving up privacy, and a piece of himself, in exchange for a police investigation. Tommy had always found it best to wait silently while someone made this decision. He didn’t take his eyes off Carlisle though.
“You’re going to take this seriously?” Carlisle asked.
“I already have, and I’ll continue to,” Tommy said.
“You won’t be intimidated by her, her power, and her bid for President?”
“I’ve faced more powerful adversaries than Kara Montiago,” Tommy said.
“What’s your phone number?”
Tommy provided his number and watched Carlisle punch it into his phone. A few seconds later, Tommy’s phone beeped with two incoming texts, each attaching a video. He clicked them open and immediately saved them to his device.
Chapter 5
They were nearing the end of the one-hour timeframe Carlisle had set for the interview.
“Are you still good?” Tommy asked. “I have a few more questions.”
“We’re okay,” Carlisle said.
“In the video, I thought I noticed a one-hitter on the bedside table. Did you and Montiago get high before sex?”
“Are you going to think less of my complaint if I say yes?”
“I’m interested in your ability to consent to sex.”
“I didn’t have sex with her because I was too stoned to know what I was doing. I had sex with her for fear of losing my job and being blackballed in the industry.”
“Did she get high too?” Tommy asked.
“Oh yes. She told me several times that she likes Sativa, her special strain of pot, because it doesn’t make her groggy and wears off in a few hours. She’d frequently return to work afterward.”
“Do you know her source?”
“No,” Carlisle scoffed. “Way above my pay grade.”
“How about you? Did you return to work too?”
“Yes, but I was usually so upset and coming down from my high that I wasn’t very productive.”
“Do you know how often she smokes?” Tommy asked.
“No idea. We had sex about once a week, and she lit up before we did.”
“Okay. Did you see Montiago again after you videotaped her?”
“No. As I suspected it might be, my refusal was the end. I think I rattled her by making it clear I was there because she wanted me to be, not because I wanted to be. At least I got her on video though.”
“How did she contact you when she wanted to hook up? Text? Email? Phone? In person?”
“Always by work phone or in person. She never left a trace on our work email or my iPhone. I so wanted her to text, email or at least call me on my iPhone as proof, but she’s smarter than that. Like I said, she’s very practiced in the art of sexual harassment and assault.”
“What was she like at work after she stopped asking you out?”
“Cold and business-like. Not retaliatory, like she wanted me fired or demoted, just cold. When she wants to impress someone, she can turn up the charm like nobody’s business. You should see her in action. If you have something she wants, she’s gonna find a way to get it. On the other hand, if you don’t have anything to offer her, then she doesn’t even see you. It’s like you don’t exist. Once I stopped letting her use me, I no longer existed.” Carlisle waved his hand in front of his face then flicked his wrist in a swish to get rid of his emage.
“I know I asked about others, but do you think she moved on to someone else at work? Another victim?”
“No fuckin’ clue. I haven’t see anyone promoted suddenly—like I was—but that doesn’t mean anything. Put it this way, it’s not something I’m gonna bring up. ‘Hey, were you sexually assaulted by our boss?’ I mean, who would be dumb enough to start that conversation?”
“I understand. I was just wondering if there was anyone at work you’d like me to talk to in terms of corroborating your story.”
Carlisle ran his hand over his face. “I can’t think of anyone right now, but I’ll let you know if I do.”
“A few more questions if you don’t mind. Was her apartment the only place you had sex? Did you ever do it at the office? Did you ever come here—to your house?”
“God no. There are cameras all over at work. Again, she’s too smart to get caught. As far as coming here? I wouldn’t allow that cumbag to cross my threshold. Yes, her apartment was the only place.”
“Did you ever go out to dinner? Were you ever seen in public together?”
Carlisle snorted. “Of course not. She’s fucking paranoid about security cameras, the media, and paparazzi.”
“Right. Turning to something else: who rents the lower level from you?”
“A guy who works down the hill at Anchor Steam. He pays his rent on time, brings me fresh beer, and is quiet. He works late. I usually hear him get home after ten.”
“Name?”
“Tim Gallagher.”
“Okay. In terms of following up on this, I’m going to go into a covert investigation mode. I assume you don’t want me poking around the Tyche campus by talking to people?”
“Absolutely not. You aren’t planning to do that, are you?” Carlisle asked.
“No. I don’t want to tip off Montiago, and I’m sure employees would get word to her if I did.”
“In a New York second.”
“So, you might not see or hear from me for a few weeks. That doesn’t mean I’m not working on your complaint. I can assure you I’m going to give this my full attention. I’ll contact you in a few weeks to give you an update, okay? I assume that you’re fully prepared to press charges?”
“Damn right I am. She deserves to pay for what she did to me.” Carlisle sat up straight and threw back his shoulders.
“I understand. Speaking of paying, have you contacted an attorney to discuss bringing a sexual harassment lawsuit against her in civil court?” Tommy asked.
“I thought of that. Maybe in time. It’s not money I’m looking for. I honestly don’t think the woman should be allowed to run for President. I’m scared as hell she’ll get elected.”
“If your goal is to stop her election campaign, have you considered putting this video on the Internet? I’m pretty sure her poll numbers would sink like a rock.”
“Fair suggestion,” Carlisle said. “I’ve thought about doing that a few hundred times, but she’d just say the video was doctored somehow. And, you know what? People would believe her. No. I have to report her conduct to the police if people are going t
o trust the video as authentic. And, if I only sued her for sexual harassment in the workplace, people would just write me off as a greedy ex-lover. She’ll deny all the shit she did to me, you know. It was sexual assault, so I’m reporting it to the police.”
“I see you’ve considered all the angles.”
“I’ve tried despite the emotional toll this has taken on me. It’s time I made a claim, because I don’t want the true facts to get brushed aside.”
“Fair enough. I’ll look into it and get back to you.”
“I appreciate that you’re taking me seriously.”
Tommy stood, and they shook hands. “I’m sorry.”
“You and me both.” Carlisle led Tommy down the steps and out to the front gate.
“Do you have live security cams on this property?” Tommy asked, resting his hand on the gate and looking at the soffits on the house.
“Both interior and exterior,” Carlisle said.
“I didn’t see any when we were inside,” Tommy said.
“I thought I noticed you inspecting the place. I’m glad they passed your test. They’re more effective if they’re hidden.”
“You can’t be too careful, especially if this blows up and becomes public.”
“When this blows up and becomes public. I know. My friends at work installed my system. It has both a live feed and saves the data.”
“How many days of video data do you store?”
“The video automatically deletes after two weeks.”
“Good for you. Not too many people can afford that.”
“Not too many people work at Tyche.”
“True.” Tommy crossed the street and got into his cruiser. He let his mind analyze as he drove back. So, we have a videotape. It’s not the best, but it’s good. Better than nothing. It proves she had an extra-marital affair. It might prove sexual harassment in the workplace, although she’ll probably say he consented. Is it enough to prove criminal sexual assault? He was tied up and told her he was there only because she was his boss and wanted him to be. She stopped when he asked her to. Let’s see what Amanda thinks.
When Tommy returned to the Hall, he raced up to Amanda’s office. He found Jeremy Jones sitting across from her desk.
“Hi Jeremy, Amanda,” Tommy lingered in the doorway.
“What’s up?” Amanda asked.
“I have something to show you, but I don’t want to interrupt.”
“No. Stay. We were just finishing,” Amanda said, swinging her eyes back to Jeremy.
“As I was saying, I think you should watch Michael try this arson case. It starts tomorrow,” Jeremy said.
“The Fire Department thinks the accelerant for the fire was a gasoline-soaked towel?”
“That’s right. Placed at the bottom of two-story curtains that started the wood paneling on fire.”
“Do we have any remnants of the towel?” Amanda asked.
“Actually, yes. Our fire investigator can prove there was gasoline on the floor where the accelerant was. He said he’s familiar with the way this mobster family operates. He’s seen their work before, but he’s never had evidence as good as he has in this case. He’s excited to testify.”
“We can place the defendant on the premises when the accelerant was ignited?” she asked.
“By his own admission. The familia has an office upstairs, so he says he was working late—alone.”
“And the family’s motive was to collect the insurance money on the building because the restaurant and bar were losing money?”
“It was a dilapidated old building. OSHA had just cited them for numerous safety violations, and the city had cited them for food storage issues.”
“Okay. Let’s show organized crime that we aren’t afraid to try a case against them. I want you second-chairing this one, though. We need some experience at the table.”
“Will do,” Jeremy rose from his chair and nodded at Tommy as he walked past him to the door.
Tommy sat in the vacated chair. “I just interviewed Jared Carlisle.”
“And?”
“He was definitely sexually harassed by Kara Montiago. Whether he was sexually assaulted under the penal code will be up to you.”
“So, you believed him?”
“He has video.”
Amanda’s eyes popped. “Video? Of what?”
“Why don’t I show you the video, and you tell me if it meets the elements of sexual assault.”
“Okay.”
Tommy teed up the video on his phone and handed it to her.
Amanda watched in silence, shaking her head at a few spots, then looked at Tommy. She held up her hand and ticked off the elements of sexual assault on her fingers. “We need: (1) touching of the intimate parts while the victim is restrained; (2) against the victim’s will; and (3) for the purpose of sexual gratification.”
She bent one finger down. “From what we can see and hear on the video, it’s clear that the entire situation is for Montiago’s sexual gratification, so that element is met.”
“Right,” Tommy said.
“The other two elements are more difficult to meet. He allowed her to tie him to the bed post. Presuming he was naked and prepared for sex, he was a willing participant. In other words, he consented. She even asked him if the bands were too tight, and he said ‘no.’ Then we move to the ice that he rejects. It’s unclear where she’s touching him with the ice. The law requires that she touch his ‘intimate parts’ against his will. On a male, ‘intimate parts’ mean the groin, penis, anus or butt. If she was rubbing the cubes over his nipples, it doesn’t count. Nipples are only ‘intimate parts’ on a woman, not a man. Did you ask Carlisle where she rubbed the ice?”
“Ah, no. It didn’t occur to me in the moment.”
“So, we’re back to not knowing whether she’s touching his intimate parts, for only a brief period against his will, while he consented to being restrained. There’s the conversation about him being there only because she’s his boss—which is great for a sexual harassment claim in a civil suit—but that doesn’t meet sexual assault for me to bring charges. Moreover, she quickly unties him after he tells her he doesn’t want to be there. So, no dice for charging based on the video.”
“That’s what I thought you’d say.”
“Historically, sex-games-gone-too-far isn’t enough for sexual assault.”
“I think he has a good story to tell, and I’m convinced he’s going to sue her and go public with it whether we charge her or not.”
“That means the media will contact us for a comment. Did he have sex with her several times?”
“Yeah. They had a weekly gig for about three months. They smoked a little dope, and she handcuffed and whipped him while they rubbed nasty parts. He got a promotion to the executive team, a fat bonus and a raise.”
“When did they stop the affair?” she asked.
“About three months ago when she announced she was running for President.”
“I don’t like the smell of his allegations. It feels more like blackmail to me.”
“Come again?” he asked.
“I’m having a tough time with the power differential while they were at work. Sure, she was the CEO, but he could’ve quit without incident. Did he tell you that she retaliated against anyone who didn’t agree to have sex with her?”
“What? You’re applying a double standard. You’d never say that if the genders were reversed.”
“I might if the female was on the executive team and could physically overpower the male. Moreover, a guy has to get a hard-on. A woman doesn’t.”
“I’m calling bullshit. He said she stimulated him to erection. He couldn’t control it.”
“Still not sexual assault, and I doubt it’s sexual harassment. He probably loved the attention and money, and gladly consented. He got high, had sex, was promoted, and then she dropped him. Now he’s pissed that she moved on. Her political opponents probably offered him a princely sum to make these allegations, if
not to lay the bait and trap her in the first place.”
“I think you’re biased from your recent campaign, and what the North Koreans did to you,” Tommy sneered.
“Come on. How naïve does Carlisle think we are? We’re obviously being manipulated for political gain.”
“Now you’re being downright sexist! And, I’m offended that you think I’m naïve. And capable of manipulation.”
Amanda shrugged. “It’s probably more accurate than you think. In any event, I’m not charging her. Can you imagine what her defense attorney would do in response to these allegations? We’d be laughed out of court.”
Tommy pushed off from his chair and stomped out of her office.
Chapter 6
Hall of Justice
Amanda rolled her eyes at Tommy’s back, as he left her office. She was confident in her legal conclusion that Montiago hadn’t sexually assaulted the strong, capable—and consenting—Jared Carlisle. The fact that he even reported his claim to SFPD pissed off Amanda. He’s trivializing real sexual assault. How dare those male politicians, who don’t want a woman to win, bribe her ex-lover. I wonder how far back the bribery goes? Was Carlisle paid to start an affair with her? Was the dominatrix costume and bondage his idea? To video and trap her? Tommy might not agree with me, but Ryan will.
After all, Ryan has been friends with Montiago for a long time and doubted the veracity of Carlisle’s story from the beginning. Duh, Tommy! Don’t get sucked into a political vendetta.
She decided to call Ryan. He picked up right away.
“Hi Ryan. It’s Amanda.”
“What’s up?
“Has Tommy called you yet?”
“No.”
“I’m sure he’s going to. We just had a disagreement over the Carlisle complaint against Kara Montiago.”
“About what?”
She described the video then relayed their conversation.