Evidence of Darkness

by J L Walker

  “I see. Did you ever have reason to fear Mr. DeWald?”

  “Not at first, but after...” She glanced around the courtroom, then continued. “After he raped me I was real afraid of him.”

  “When did he rape you, Adele?” Reesa asked quickly.

  Adele immediately answered, “On Friday, July 29. Almost a week – ”

  Mahoney stood up. “Objection, Your Honor! Hearsay. There were no sexual assault charges filed by the defendant against Mr. DeWald.”

  Reesa looked at him as if he were crazy, then turned to the judge. “Your Honor, Ms. Castillo acted in self-defense when she stabbed Victor DeWald. She must be able to give testimony as to the events leading up to her actions on August 5th.”

  “Sustained,” Judge Regnier stated.

  Reesa was disappointed Mahoney had objected so soon in the testimony, but she was thankful Adele was at least able to mention the rape, even if they weren’t able to expound on the event. She vowed to expose more of the incident later in the testimony.

  Reesa turned back toward the witness stand. “Adele, where were you sleeping on the evening of August 4th?”

  “I was sleeping on the couch. In the living room.”

  “At your mother’s house?”

  “Yes, ma’am.”

  “And what time did you go to sleep on the evening of August 4th?”

  “I turned the TV off after the news, about ten thirty that night.”

  “Was Mr. DeWald home when you went to sleep?”

  “No. He left about six o’clock that evening. He said he was goin’ to get a drink at the bar on Remsen Avenue. He did that about every night.”

  “Did he say when he might return?”

  “No, but he usually didn’t come home ‘til just before my mom came home from work. He usually came home so drunk he’d pass out.”

  Reesa glanced at Mahoney briefly and hoped he’d object. If he did, she would be able to bring up the coroner’s post-mortem examination again, verifying Victor’s high blood alcohol levels at the time of his death.

  He remained quiet.

  “I see. Did Mr. DeWald ever verbally threaten you?”

  “Yes.”

  “When was the first time he threatened you?”

  Adele glanced around the courtroom as if she were afraid to answer. “After he raped me on July 29.”

  Mahoney quickly rose from his chair. “Objection, Your Honor! Motion to strike!”

  “Sustained. The clerk, and the jury, will disregard the last statement from the witness.”

  Reesa tried to conceal her smile. Adele had responded exactly the way she had instructed her to. She held her breath and asked the next question, hoping Mahoney would keep his mouth shut. “Adele, what did he say when he threatened you on July 29?”

  Adele’s voice was shaking. “He…he pulled my hair and put a knife to my throat. He said he’d slash me into a million pieces if I ever told anyone anything about what he did to me.” Tears filled her eyes.

  “Adele, did Mr. DeWald ever physically injure you?”

  “Yes, he…he cut my neck that night,” she replied while lifting up the hair on the left side of her head, exposing an approximately three-inch scar just below her ear toward the front of her neck.

  Mahoney’s face turned red he pounded the table with his fist. “OBJECTION! There were no medical records submitted into evidence stating that Mr. DeWald caused that injury!”

  “I’ll allow.” Regnier furrowed his brows as he glanced at Mahoney.

  “So, you received that injury from Mr. DeWald on July 29. Is that correct?”

  “Yes, ma’am.”

  “Did you seek medical attention for the injury?”

  “No.”

  “Why didn’t you seek medical attention?”

  “I didn’t have health insurance. Plus, I was too afraid. I was afraid of…of what he might do to me if anyone found out.”

  “Okay.” Reesa swallowed and took a deep breath. “Let’s go back to the events of the evening of Friday, August 4th. You said you went to sleep after the evening news – about ten thirty that night. Is that correct?”

  “Yes. It was shortly after my mom left for work. I turned off the TV, but I couldn’t get to sleep.”

  “Why did you have trouble getting to sleep?”

  “I was scared. I was always scared to go to sleep there. I was afraid he’d do it again.”

  Reesa became agitated and quickly glanced at Mahoney, anticipating another objection. “What time did Mr. DeWald return home that evening?”

  “It was close to one thirty in the morning.”

  “Just to clarify, it was one thirty the morning of August 5th. Is that correct?”

  “Yes, ma’am.”

  “Were you asleep when Mr. DeWald returned home?”

  “No, not really. I had a really bad nightmare. It woke me up and I couldn’t get back to sleep.”

  “How did you know what time it was – when he returned home?”

  “There was a clock the bookshelf. You know, one of those ones with the big red numbers on it.”

  “What time was it, exactly, when you looked at the clock?”

  “The clock said one twenty eight. That’s when I heard him unlock the front door.”

  “So, you were awake when Mr. DeWald unlocked the door and entered the house?”

  “Yes.”

  “What did you do? Did you confront him? Talk to him? Interact with him in any way?”

  She shook her head. “No, I pretended to be asleep. I didn’t wanna’ talk to him. I just wanted him to leave me alone. I thought if I was quiet and acted like I was sleeping, he’d just go to bed like he did most nights.”

  Reesa felt an intense wave of déjà as she recalled feeling the exact same way when Bryan had entered her bedroom seventeen years ago. Her hands started to tremble and her knees suddenly became weak. After she willed herself to remain strong, she continued. “After he unlocked the door and entered the house, what did he do?”

  “I could hear him walkin’ towards me. He set something on the coffee table. I could tell he was starin’ at me. After a few seconds, I could hear him walk away. I was so relieved thinkin’ he was going to leave me alone. Then he used the bathroom. After I heard the toilet flush, I could hear his footsteps on the wooden floor of the living room, and I knew he was walkin’ towards me again.”

  The terrifying sound of wooden floorboards squeaking in the hallway of her own mother’s home resonated through Reesa’s brain, clouding her train of thought.

  She jolted back to reality when Judge Regnier stated loudly, “Please continue, Ms. Collins.”

  She looked at Adele. “And you still acted like you were sleeping?”

  “Yes, I hoped he’d just keep walking to the bedroom and crash there. Then I wouldn’t have to worry about him. I had my eyes open a tiny bit so I could see what he was doin’.”

  “Could you see what he placed on the coffee table?”

  “No. I was just wishin’ he’d walk away. After he was…dead, I saw it was a bottle of wine.”

  “What happened next? Did he walk away?” Reesa asked quietly, just as if she and Adele were the only ones in the room.

  Suddenly, she heard Judge Regnier spout, “Please repeat the question, Ms. Collins.”

  His loud bellow startled her and she thought her heart would jump out of her chest. She glanced up at the Judge, then briefly around the room. Reesa felt as though her skin was crawling. It was as if she was experiencing the fear right along with Adele.

  “Did he walk away?” she asked, louder.

  “No. He just stood there. I could tell he was watchin’ me. Then I felt his hand cover my mouth. I could hardly breathe. I opened my eyes and I saw something shiny in his other hand. It was reflecting the moonlight. It was the knife. The same one he cut me with before.” Tears started streaming down Adele’s face and she was having difficulty catching her breath.

  Reesa retrieved the Sog Force six-inch steel knife i
n an sealed evidence bag. She held the bag up for to the jurors, then to Adele. “Is this the knife Victor DeWald had in his hand on the morning of August 5th when he returned home?”

  Adele nodded her head. “Yes...yes, that’s it.”

  “When was the first time you saw this knife?”

  “The night he ra…when he cut me with it.”

  “On July 29?”

  “Yes.”

  “Had you ever seen the knife prior to that time?”

  “No. I mean, I figured he carried one, but I never actually saw it.”

  “Okay, what did he do with the knife on the morning of August 5th?”

  “He grabbed my hair and held the knife against my face, you know, flat like he was going to slash my cheek with it. I could feel it against my face. It was cold.”

  “Did he say anything to you?”

  “Yes…he…he said he’d kill me if I didn’t let him do what he wanted to me. I thought he might have already cut me ‘cause I felt somethin’ warm and wet on my face. I thought I was bleeding, but it must have been his spit or somethin’ ‘cause he was drooling so much, and ‘cause I wasn’t bleeding afterwards.”

  “Then what happened?” Reesa felt her heart beat hard in her chest and knew the remaining testimony would be difficult for both of them.

  Adele shook her head in disgust. “He started kissing me. It was so gross! He smelled so bad of booze. I couldn’t move ‘cause I thought if I moved, the knife might cut my face. I could tell he was drunk, and I thought he might even cut me by accident. Then he got mad ‘cause I kept my mouth shut and wouldn’t kiss him back. I thought I was goin’ to puke!”

  Reesa looked at the notepad in her lap and flipped through a few pages. She wasn’t looking for anything in particular, she just wanted to give Adele few moments to collect herself. The remaining questions were going to be excruciating and she wanted her to be emotionally strong enough to answer them effectively.

  Looking up at Adele, she proceeded. “Okay, what happened next?”

  “He kept calling me baby, and asked me why I didn’t want to do it with him.”

  “Did you answer him? Say anything?”

  Adele became quiet and shook her head. “No, I was too afraid I’d piss him off.”

  “What did he do then?”

  “He told me to take my pants off. He was holding the knife and lookin’ at me really mean. When I didn’t do it…when I didn’t take my pants off, he kinda jabbed the knife at me.” As she spoke, she acted like she had the knife in her hand and thrust it toward Reesa to mimic the gesture.

  “Did he threaten you?”

  “No, but it scared me. I told him if he put the knife down, I might feel more comfortable, then I’d take my pants off.” She shook her head and tears rolled down her cheeks. “I was so afraid of what he might do with that knife in his hands. Bein’ drunk and all. I just wanted him to put it down!”

  “Did he put the knife down?”

  “Yeah. He finally set it on the coffee table.” Adele calmed down.

  “And where, exactly, was the coffee table located relevant to where you were lying on the sofa?”

  “The coffee table was in front of the couch, on my left side.”

  “Okay, what happened after he placed the knife on the coffee table?”

  “I started taking my sweat pants off, very slowly. I guess I was hopin’ he’d pass out or somethin’, but he just kept watchin’ me. I was wishin' that the sweat pants would be enough, but when he started reaching for the knife again, I took my underwear off, too.”

  “Okay, what position were you in when you removed your sweatpants and underwear? Were you on your back, side, stomach? Were you standing up?”

  “I was sittin’ up when I took my pants off. Then he shoved me back down so I was layin’ on my back. I was scared to move ‘cause I knew he’d grab the knife again if I did.”

  “Okay, what did he do next?”

  She looked down and in a faint voice, she replied, “He…he started touching me…down there. Then he started jabbing me there with his hand. It hurt.”

  Reesa’s stomach was in knots. She briefly considered having Mike finish the examination, but knew only she could ask the questions necessary to insure every bit of the story was exposed. She swallowed hard.

  “I know this is very hard for you, Adele, but please tell us what happened next.”

  “He…he climbed…on the couch…and forced…my legs apart.”

  She answered so slowly, Reesa wondered if she’d be able to finish.

  Adele looked at her lap and quietly said, “Then he went down on me.”

  Judge Regnier ordered, “Please speak louder, Ms. Castillo. The court recorder cannot hear you.”

  Reesa was fuming. She glanced toward Mike in anguish. His eyes met hers and he closed his eyes for a moment and nodded once, indicating to her to continue. She took a deep breath and continued to make eye contact with him, then slowly turned toward Adele. “Can you please repeat your last answer?”

  Adele looked at the judge and yelled, “He went down on me!”

  Reesa hesitated. She knew what she needed to ask next, but dreaded it. “Just to clarify, he began performing oral sex on you?”

  “Yes..yes! It was awful!” Adele burst into tears.

  Reesa took a step closer to her and looked into her eyes to console her. “Adele, do you feel you can continue?”

  She sat upright in her chair and inhaled a quick breath of air. “Yes…yes, I’m fine.”

  “Okay. How long did he perform oral sex on you?”

  “I don’t know, maybe a few minutes, but I just don’t know. I was so afraid he was going to rape me again.”

  “Okay, Adele, what did he do next?”

  Her bottom lip was contorted and trembled as she spoke. “He started to unzip his pants. That’s when I knew he was goin’ to rape me again.”

  Reesa glanced at Mahoney who was frantically writing on his notepad while shaking his head.

  Adele continued. “He was having trouble getting his zipper down. Probably ‘cause he was so drunk. When he was looking down tryin’ to get his pants unzipped, I reached over and took the knife off the coffee table.”

  “Where was he when he was attempting to unzip his pants?”

  “He was still on the couch. Kinda kneeling between my legs.”

  “Which hand did you grab the knife with?”

  “My left hand. He was so drunk or horny or somethin’ he didn’t even know I had it in my hand. When he finally looked up and saw I had it, he looked at me really crazy, like…like he was going to kill me or something. He lunged toward me to grab the knife from my hand and I stabbed him.”

  Reesa inhaled sharply. “Where did you stab him, Adele?”

  “In his stomach. Just above his waist.”

  “What did he do when he realized you had stabbed him?”

  “He called me a bitch and said he was going to kill me!” Her face suddenly became panic-stricken. “It looked like it didn’t even phase him! He had this knife sticking out of him, and he acted like it didn’t hurt or nothin’.”

  Reesa paused, sensing Adele was upset. After a few moments, she asked. “Okay. What did Victor do next?”

  “He pulled the knife out of himself. It was so gross! It was covered in blood. His hand was shakin’ so bad it slipped onto the floor. By the couch. Then he grabbed my neck with his hand.” She shook her head. “He was so mad. I knew he’d strangle me if I didn’t stop him.”

  “Which hand did he grab your neck with?”

  “His left hand, ‘cause he was holding his stomach where the blood was gushin’ out with his right hand. That’s when I reached down and grabbed the knife off the floor. I knew I’d have to do it really quick, so I gripped it really tight and stabbed him again in his side.”

  “Which hand did you grab the knife with?”

  “My left hand.”

  “Okay, so you stabbed him in his right side?”

  “Yes. B
ut this time I held on to it with all my might. I was afraid it wouldn’t phase him again, so I took it out of him and stabbed him again.” Tears were streaming down her face as she trembled. She paused a second and looked down, “I guess I knew at that point if he took the knife from me, he’d kill me with it.” Then she looked at Reesa and screamed, “I HAD TO STOP HIM!” Adele put her elbows on her knees and buried her face in her hands. “I wanted to live. I just wanted to live. I couldn’t let him kill me.” Her shoulders quivered as she wept.

  Reesa blinked to fight back the tears that were forming in her eyes. The courtroom was silent as she looked at her note pad and tried to refocus. She slowly turned and stepped close to the witness stand, leaning in towards Adele. In a quiet voice, she said, “Adele…Adele, look at me, please.”

  She slowly raised her head and looked into Reesa’s eyes.

  Reesa whispered, “You can do this. Let’s do this, okay? We’re about done.”

  Adele sniffled. “Okay.”

  Reesa raised her voice. “Adele, do you remember what happened after you stabbed him the third time?”

  A dazed expression washed over Adele’s face as she answered sedately, “He…he finally started to get off of me. I still had the knife in my hand, so I stabbed him real quick in the chest. I didn’t take the knife out of him that time ‘cause he collapsed right afterwards. Then I called 911. I knew he was dead. He couldn’t hurt me anymore.”

  Reesa knew she was done. Adele had given every ounce of herself to say what she needed to say.

  “That’s all, Your Honor,” Reesa said somberly as she looked at Judge Regnier. She felt emotionally drained as she walked to the defendant’s table and sat down beside Mike.

  He nudged his notebook toward her. He had written a note on the top page that read, “Excellent job! Hang in there!”

  Reesa read the note, then looked at her watch and hoped the judge would adjourn for the day, or at least allow a brief recess after Adele’s emotionally charged testimony.

  Regnier glanced at the clock on the wall, then paused a moment. “Would the prosecution like to cross-examine the witness?”

  Mahoney quickly stood up. “Yes, Your Honor.” Before the words had even left his mouth, he was halfway up to the witness stand. Adele hadn’t even had a chance to regain her composure when he asked, “Ms. Castillo, you lived with your last boyfriend, Lenny, for approximately five years, is that correct?”