by J L Walker
“Yes,” she answered, remnants of tears still speckled her cheeks.
“And you allege he abused you, in your words, ‘probably over two dozen times.’ Is that a correct?”
“Yes, sir. I didn’t write it down or nothin’.”
“Did you ever have him arrested for domestic violence?”
Adele shook her head.
“Please answer, yes or no, Ms. Castillo.”
“No.”
“Okay, you lived with a man for five years who you allege abused you over two dozen times. Is that a fair statement?”
“Yes, sir.”
Mahoney shook his head and laughed. “And you expect me, as well as these intelligent people sitting on this jury to believe you killed Victor DeWald in self-defense?”
Reesa started to object, but before she could say the word, Mahoney spouted, “Why didn’t you kill Lenny, Ms. Castillo?”
“OBJECTION, YOUR HONOR! He’s badgering the witness!” Reesa yelled as she stood up. Her fists clenched, and her eyes squinted in anger.
“Sustained.”
Mahoney paused for a moment, then began an intense line of questions pertaining to the layout of the living room, the couch where Adele was sleeping, and ultimately, where Victor DeWald’s dead body was found. It was so monotonous Reesa felt her blood pressure return to normal for the first time that day. She even saw some of the jurors yawn.
After the long drawn out exposition, Mahoney looked down and pulled out a piece of paper from his notebook, then continued. “Ms. Castillo, you claimed that Mr. DeWald raped you prior to August 5th. If that actually happened, why didn’t you call the police?” He turned toward the jury. “There were no rape charges filed by the defendant against Mr. DeWald. Ever!”
Reesa was outraged. She wanted to object to Mahoney bringing up the rape since he so often objected to the subject earlier in Adele’s testimony, but she felt it more beneficial to let her answer his ridiculous question.
“I…I was scared. And, I didn’t want to hurt my mom. She…she loved him. I thought I could just get through the next few weeks then leave and everything would be okay.”
“A man raped you and you were worried about your mother?”
She looked at him in desperation. “What was I supposed to do? I didn’t have anywhere else to go!”
He paused for a moment, then looked at Adele. “We have a list of text messages sent from your cell phone on August 4th and 5th. At 12:18 a.m. on the 5th of August, you texted Mr. DeWald. The message read ‘What time will you be home?’ Mr. DeWald replied, ‘Don’t know. I’m busy. Need me?’ You replied, ‘Yes.’” Mahoney turned to look at the jurors and shook his head. “That sure doesn’t sound to me like a woman who is afraid of a man. That sounds to me like a woman who is anxious for her lover to return home for a romantic evening. Is that a fair statement, Ms. Castillo?”
Reesa had to contain her anger. She had discussed the possibility of this question arising with Adele.
“I heard someone outside. I pulled the curtains apart and looked out the window and I thought I saw someone dart across the yard. I thought it was Lenny. I was scared.”
Mahoney looked at her mockingly, “Please explain to me, and the jurors, why you would ask a man you feared, to come to your rescue? Why didn’t you just call the police? That would have been the logical thing to do.”
“I…I don’t know. I guess I didn’t want to bother them. I don’t know.”
“That’s what they’re there for, Ms. Castillo. To protect citizens such as yourself.”
She became flustered and answered frantically. “I…I don’t know why I didn’t call them! I was confused and afraid. Plus, I figured Victor was closer. What if they didn’t make it in time?”
“You also stated that Mr. DeWald was holding the knife when he ordered you to take your clothes off. Then you said the knife was on the coffee table. Which was it?”
Adele’s eyelids were heavy and her voice was faint. “He had it in his hand, then he put it down.”
“Okay, it was down when you took your pants off, is that a fair statement?”
“Yes…yes.”
“If that was the case, then why didn’t you grab the knife then? It was laying right there in front of you. It sounds to me like you were sexually teasing Mr. DeWald.”
Reesa rose to her feet, infuriated. “OBJECTION, YOUR HONOR! MISLEADING!”
“Sustained,” Regnier bellowed.
Reesa sat down. Her eyes pierced daggers at Mahoney.
Mahoney glanced toward the judge. “I’ll restate the question, Your Honor.” He then turned toward the witness stand. “In your testimony, you stated that you instructed Mr. DeWald to put the knife down, so you’d feel, in your words, ‘more comfortable,’ is that correct?”
“Yes.”
In a scolding tone, Mahoney replied, “Well, that sounds to me like you gave him permission to have sex with you. That comment illustrates the mere essence of implied consent!”
Adele quickly blurted out, “No! No! I would never have agreed to have sex with him. You’re twisting my words.”
Reesa was furious. Every muscle in her body was tense, and her hands were in fists as she stood up. “OBJECTION! MISLEADING!”
Mahoney looked at the jury with his palms held upwards and shrugged his shoulders. “I was just repeating what she said.”
“Sustained. Be careful, Mr. Mahoney,” Regnier scoffed.
Mahoney turned toward Adele and continued. “Can you tell me why there was a chilled bottle of wine on the coffee table? You got the wine out of the refrigerator just before Mr. DeWald returned home, didn’t you? Your fingerprints were found on the bottle. It seems to me that would indicate intent for an extremely romantic night. Not a violent one. Who’s intent was it, Ms. Castillo, yours?”
“OBJECTION! LEADING THE WITNESS! ” Reesa called out in frustration.
“Sustained,” Judge Regnier said, shaking his head.
Mahoney glanced at the judge, then continued. “Ms. Castillo, medical professionals administered a rape kit on you immediately after you were arrested on August 5th. I’d like to state, for the record, that the results were negative. Victor DeWald never sexually assaulted you. Isn’t that true? You were never raped on July 29 either, were you Ms. Castillo?”
Reesa was about to stand up to object again, but Mike put his hand on her arm and whispered, “Let her answer this one.”
Adele was crying when she screamed out, “YES! He did rape me on July 29!”
Mahoney continued. “Isn’t it true, Miss Castillo, that you desired Mr. DeWald and that’s why you moved in with your mother. When he wouldn’t return your advances, you murdered him. Isn’t that correct, Ms. Castillo?”
Reesa and Mike both stood up and yelled simultaneously, “OBJECTION! LEADING THE WITNESS”
“Counselors, please approach the bench!” Regnier shrieked.
Mike and Reesa approached the bench, followed by Mahoney, then Farley.
As soon as Mahoney arrived at the bench, he pompously demanded in a whisper, “Your Honor, I respectfully ask that you allow me to continue this line of questioning. There was no evidence that a rape had ever occurred, additionally the defendant had no injuries – not a scratch on her when she was arrested. Mr. DeWald was fully clothed when he was found dead. He was drunk and the defendant knew it. She also knew she could easily kill him in that state. This was all a big cover-up. If Mr. DeWald performed oral sex on her, she probably liked it!”
All of Reesa’s distain and contemptuousness toward Mahoney instantly culminated in the palm of her hand. Without even taking a second to think, she swiftly slapped him on the side of his face as hard as she could. The sound of her hand hitting his fat cheek resonated throughout the courtroom. Gasps could be heard from the gallery area, then the courtroom became silent.
Mahoney looked at Reesa in total shock as he quickly held his hand to his warm face. He squinted his eyes, and instinctively raised his fist to return the assault.
Mike suddenly lurched out from behind Reesa, grabbed his wrist, then shoved it firmly into his chest, causing Mahoney to stumble backwards a few steps.
Judge Regnier quickly pounded his gavel. “I WILL NOT PERMIT THIS CONDUCT IN MY COURTROOM! Ms. Collins, I find you in contempt of court! Deputy, please escort Ms. Collins to a holding cell immediately.”
Reesa glanced over and saw the court deputy headed in her direction. She immediately ran toward the front exit of the courtroom. The deputy stopped briefly in bewilderment, then headed out of the courtroom after her.
Mike started to take off in Reesa’s direction, seemingly oblivious to Mahoney as he stepped towards him, fists clenched at his chest. The crash of the judge’s gavel as it struck the sound block stopped Mike in his tracks.
“MR. JENKINS, DO NOT LEAVE THIS COURTROOM!” Judge Regnier shouted.
Mike abruptly stopped, then slowly turned toward the judge who was on his feet still holding the gavel in his hand.
“This court is adjourned until nine o’clock tomorrow morning!” Judge Regnier bellowed. Then he looked at Mahoney and Mike. “COUNSELORS, IN MY CHAMBERS IMMEDIATELY!”
Regnier quickly exited the bench. Mike and Mahoney struggled to keep up with him as he exited the courtroom and traipsed down the hallway toward his chambers. Once inside, he unzipped his robe, carefully placed it on a hanger, then slipped it into the closet.
Mike and Mahoney stood in front of the judge’s desk with their hands folded in front of them. The door opened briefly, and Donna Farley slid inside and stood beside Mahoney.
Judge Regnier sat down at his desk and began cleaning his glasses. Once he had replaced them on his face, he shook his head. “I should admonish all of you. You have all exhibited not only unprofessional behavior, but some of the worst I’ve seen in my thirty-seven years on the bench, and let me tell you, I’ve seen my share of ill-behaved counsel.” He paused a second and looked at Mahoney, then Mike. “But, that wouldn’t be fair to the defendant, now would it. So, here’s what I am going to do. I am going to file a citation for contempt against Ms. Collins for instigating the chaos in my courtroom. I will also consider a suspension of her license to practice law. Need I remind you all, this could result in her permanent disbarment. He looked at Mahoney. “Additionally, Mr. Mahoney, you are as of this moment, off this case. I think you’ve done enough damage. Ms. Farley will finish prosecuting this case with another Assistant District Attorney which will be appointed by the District Attorney.”
He then turned to Mike. “Mr. Jenkins, you may assign another co-counsel from your firm to assist you in defending your client if you wish. Do either of you have any questions?”
Both Mike and Mahoney replied in unison, “No, Your Honor.”
“Good. Needless to say, this will cause a delay in the trial, which is very unfortunate for the defendant. We’ll reconvene on Monday morning. That should give you both ample time to bring your new co-counselors up to speed on the case.” He looked down and rubbed his temples. “I’ll talk to the jury personally to ensure this fiasco has no impact on the verdict.”
Regnier looked back up at Mike and Mahoney. “I think I’m being extremely lenient. Now, please leave before I decide to order citations against all of you.”
Farley and Mahoney quickly exited the room.
Mike remained standing. After clearing his throat, he addressed the judge. “Your Honor, could I please explain some extenuating circumstances for Ms. Collins’ actions?”
The judge was about to speak when there was a faint knock on the door. The court deputy stuck his head in the doorway. “I’m sorry, Your Honor, but I’m unable to located Ms. Collins. She may have left the premises.”
“I think I know where she is,” Mike said sharply, his head still down.
Regnier looked at Mike intently. “And where might that be, Mr. Jenkins?”
“I’ll find her and bring her to you, but I would first like to talk with you – in private,” he replied, glancing toward the deputy.
“Very well.” Regnier nodded, then glanced toward the deputy. “Please step out for a moment.”
Fifteen minutes later, Mike was standing in front of the door of Judge Amelia S. Diaz’s chambers. He took a deep breath and hoped Reesa was inside. He tapped on the door lightly.
There was no answer.
He looked around to make sure no one would see him enter the office, then slid inside and gently closed the door behind him.
“Reesa? Are you in here?” he asked softly.
There was no answer.
“Reesa! Are you in here?” he asked, slightly louder.
There was no answer, but he heard a sniffle from underneath the judge’s desk. He slowly walked over to the other side of the desk and found Reesa crouched in the fetal position in the small opening in the middle.
She glanced up at him sheepishly, and whispered, “Are you alone? The deputy isn’t out in the hall with handcuffs, is he?”
Mike shook his head. “No, he’s not. No one saw me come in.” He knelt down and tried to squeeze in beside her, his back against the side of the desk with his knees pressed against his chest.
She glanced over at him as tears streamed down her face. “I’m sorry, Mike. I really screwed up this time, didn’t I.”
He took a tissue out of his pocket and handed it to her. “Oh, I don’t know about that.”
“You’re being nice. You should yell at me. My behavior was deplorable. I shouldn’t have let him get under my skin like that. I don’t know what happened to me.”
“Well, you were provoked. Mahoney’s comment was despicable. I have zero respect for that man right now.” He looked at her intently. “Hey, I’m the one who should be apologizing to you. I should have seen this coming.” He shook his head. “I don’t know, maybe I did, but I just didn’t know how to deal with it.”
He leaned his head against the wooden desk and sighed. “I knew something was going on with you. You’ve always exhibited such self-discipline – such self-control. I’ve always admired that about you actually. But numerous times throughout this case, you’ve let your emotions drive your actions. I could tell there was something dark in your past that was contributing to your inability to remain impartial, but it didn’t resonate with me exactly what it was until you struck Mahoney.” He paused then burst out laughing. “Oh, God, I’m sorry, but the sound of your hand hitting his face just seems hilarious to me right now.”
Reesa chuckled through her tears.
Once they stopped laughing, Mike looked over at her with a serious expression on his face. “Why didn’t you tell me you had been raped?”
Reesa suddenly became somber. Shaking her head, she replied, “I just couldn’t. I’m still trying to figure out why, but I just couldn’t. I guess I need a few more sessions with Dr. Wilson, huh.”
“Yes, in light of what happened today, I think that would be an excellent idea.”
“I haven’t gone in for a while because we’ve been so busy with the trial.”
“Reesa, you’ve been through something in your life that no one is really equipped to deal with. I can see now that all of this, the case, Adele, the trial…it’s all stirred up something inside of you that is incomprehensible. I know now that you’ve been trying to deal with it, maybe for the first time in your life.”
They were both silent for a moment, then Reesa took a deep breath and looked over at Mike. “I’m going to jail, aren’t I? Not to mention the fact that I won’t be allowed to finish Adele’s trial. I’ll probably be disbarred, too.” She shook her head. “God, I’ve certainly made a mess of things, haven’t I. I’m going to lose everything I’ve worked my whole life for.”
“Please, Reesa, have a little compassion for yourself, okay? Besides, you’re not going to jail, and you’re not going to be disbarred.”
“The Judge is going to file a citation against me, isn’t he?”
“Naw, why would he do that?” Mike replied casually, resting his head on the back of the desk.
Reesa chuckled. “Ah, maybe because I physically assaulted the prosecutor?”
“All right, so he was a little upset.”
“A little?” She looked at him and laughed again.
“Okay, well, he was going file a citation, but I talked him out of it.”
She looked at him in astonishment. “You did? Seriously?”
“Yes, but he’s still going to issue a censure against you. And you’re no longer on the case. Big deal, you’ll have a letter in your file stating that you behaved badly in court.” He shook his head and continued. “As much as I tried to convince Regnier to let you finish the trial, he wouldn’t budge. I’m not that good!”
Emotionally exhausted, she rested her head against his shoulder. “You are an excellent lawyer, Mike. Thank you. At least I know Adele is in good hands.”
“Hey, I learned from the best, but save the accolades until Adele is acquitted. I’m going to have to finish this thing without you.”
“I’m sorry, but maybe it will be easier. I was just making a mess of everything anyway.”
“Take it easy on yourself, okay? You need time away from all this. Away from work, too. Peterson will give you as much time as you need, but you really have to take the time to deal with all of this. Okay?”
“Yes…yes, I’ll talk to him tomorrow.” She shook her head. “Not looking forward to that conversation.”
“He’s more understanding than you realize. He was great when Em passed away.”
“That’s good to know. I hope he will be with me. He just has such high expectations of me. I sure let him down this time, didn’t I.”
“You’ll be fine. And don’t worry about Adele. You’ve already set the ground work. I just need to wrap things up. I want you to focus on yourself for a change.”
She turned her head to look at him, “I know you can do it, Mike. I know you can get an acquittal.”
“I certainly hope so. But, it looks like I have a few very challenging weeks ahead of me.”