Evidence of Darkness

by J L Walker

  After a few moments of silence, Mike struggled to get out of the small opening, then extended his hand to Reesa. She took his hand and stood up, then he wrapped his arms around her. “You’re going to be fine, Miss Collins.”

  She held him tight. “Mike, I don’t think I could have made it through any of this without you.”

  They held each other for a few minutes, then he looked at her. “Let’s get out of here, shall we?”

  She released him and he held out his hand. She took it and they slowly walked through the now empty corridor to Judge Regnier’s chambers.

  After a short and emotionally draining conversation with the judge, Reesa walked out of his office to find Mike waiting for her in the hall to walk her out of the courthouse.

  When they stepped outside, Reesa stopped and inhaled the warm spring air. She glanced at Mike and smiled. He returned her smile, and they continued walking down the steps to the sidewalk. When they reached her car, he opened the door for her.

  She turned around briefly to look at him. “Thanks again – for everything.”

  “You’re more than welcome, Reesa. Call me if you need anything, but please, take all the time you need to figure all of this out, okay.”

  “Yes, I will. Promise.”

  18

  TESTIMONY OF DR. PATRICIA WILSON

  Mike felt relieved as he walked toward the witness stand to examine his last witness, Dr. Patricia Wilson. The events of the past few months, and specifically the previous two weeks since Reesa had been disqualified from Adele’s case, had given him a clearer understanding of the nature of Post Traumatic Stress Disorder, as well as the lasting and ingrained effects an untreated traumatizing event can have on an individual’s psyche, and their entire emotional wellbeing.

  Although he missed Reesa terribly and regretted the circumstances that had caused her dismissal, he was glad the judge had prohibited her from being part of the remainder of the trial. The two-day testimony of LeeAnn Wild Adams, as well as the presentation of discrete portions of her clinical records, had been excruciating. He was extremely grateful she didn’t have to witness LeeAnn’s narrative of her horrifying experiences at the hands of Victor DeWald.

  Mike was more determined than ever to ensure an acquittal for Adele. He was optimistic that Dr. Wilson’s testimony would be a good conclusion to the trial by helping the jury to fully understand Adele’s actions on the morning of August 5th.

  “Dr. Wilson, I’d first like to thank you for agreeing to appear in court. It is much appreciated by myself, Reesa Collins, and the especially the defendant, Adele Castillo.”

  Dr. Wilson smiled. “I’m very happy to help in whatever way I can.”

  “Could you please state, for the court, your credentials to practice psychology in the State of New York?”

  “I received my bachelor of science degree in psychology from Stony Brook University in 1981, then I attended Columbia University, where I earned my master’s degree in psychology in 1984, and a Ph.D. in psychology in 1987.”

  “Thank you. And would you say you specialize in any one given area of the field of psychology?”

  “Yes. I specialize in Post Traumatic Stress Disorders. I’ve been counseling victims of sexual assault, and in many instances their family members as well, for almost two decades.”

  “Have you met with the defendant, Ms. Castillo, on a professional basis within the past few months?”

  “Yes. At the request of Ms. Collins, I met with Adele on five separate occasions at the Metropolitan Correctional Center. All five sessions lasted an hour and have taken place within the past two months. I hope to continue working with her – outside the confines of prison of course.”

  “Your continued professional guidance would be much appreciated.”

  “I’m glad to help.”

  “From the somewhat limited time you’ve spent with the defendant, would it be your professional opinion that she is experiencing symptoms of Post Traumatic Stress?”

  “Yes, absolutely. She had an altercation with another inmate in March. After viewing the security footage, as well as the incident report, it’s clear to me that her response to the inmate’s advances were consistent with that of rape victims. Additionally, we’ve discussed, at length, the events of July 29 when Mr. DeWald raped Adele and – ”

  Farley rose to her feet. “Objection! Hearsay, there is no evidence that Mr. DeWald ever raped the defendant. Motion to strike.”

  “Jurors and the court reporter, please disregard the last statement made by the witness,” Judge Regnier stated.

  Mike looked down and shook his head in exasperation. Farley had been following Mahoney’s annoying example of objecting whenever Adele’s rape incident was brought up in testimony.

  Mike continued. “Dr. Wilson, the defendant failed to report the initial…let me restate the question. In your professional opinion, why do many victims of rape fail to report the crime?”

  “Well, most of the time the victims fear retaliation from the offender. Others believe the police won’t do anything to help them anyway, and in a few instances, they just feel too embarrassed or ashamed.”

  Mike thought a moment, knowing he had to carefully navigate around the mention of the actual rape to acquire another answer from Dr. Wilson to solidify Adele’s fear of Victor DeWald. “Dr. Wilson, in the defendant’s case, why do you think she may have been reluctant to report the crime?” He glanced at Farley and held his breath.

  “Well, I think Adele felt she had nowhere else to live, and she was afraid her mother might kick her out if she found out. That may or may not have happened, but that was her belief at the time. She also didn’t want to hurt her mother. In my opinion, their relationship was very strained to say the least. Adele craved the support and encouragement from her mother. I think she felt if she would have confided in her, she would have lost all possibility of receiving that. Additionally, she was very fearful of Mr. DeWald’s retaliation.”

  “I see. Is it common, statistically speaking, for rape victims NOT to report the crime?”

  “Absolutely. Statistically, well over eighty percent of the rapes that occur in this country go unreported. Of the twenty percent that are reported, less than a fourth even lead to an arrest.”

  “Those aren’t encouraging statistics for victims.”

  Dr. Wilson shook her head. “No, they certainly are not. Even if the accused is arrested, they would most likely be released on bail pending their trial. So, Adele had every reason to believe calling the police wouldn’t have been a solution to her problem.”

  “Aren’t their other avenues of help for victims to seek professional assistance?”

  “Yes, there are, but realistically, it takes more courage to seek professional help than one might think. Many victims unfortunately feel they’re strong enough to survive such an event and continue to tell themselves they’re fine. They feel they can successfully, over time, bury the emotional turmoil and continue to function normally. I’m sorry to say, it’s just not that easy. In many cases, the traumatic event will continue to resurface throughout one’s entire lifetime.”

  Mike looked as if he was about to cry. Looking down he replied, “Thank you, Dr. Wilson. That’s all, Your Honor.”

  Mike slowly walked back to the defendant’s table and took his seat, still deep in thought.

  Judge Regnier looked at Farley. “Would the prosecution like to cross-examine the witness?”

  “No, Your Honor,” she replied.

  19

  THE CLOSING ARGUMENT

  Reesa slipped into the crowded courtroom the last day of Adele’s trial and discretely took a seat in the back of the room behind several members of the media. She didn’t want to distract Mike, nor did she want Judge Regnier to see her.

  After having no contact with the firm, or Mike, for over two weeks, she was glad Meghan had texted her a few hours before to inform her that the trial was about to conclude, and Mike would be presenting his closing argument in the a
fternoon. She knew it might be risky to attend, but she couldn’t keep herself from witnessing Mike’s summation of the case first hand.

  She smiled when she glanced toward the front of the room and saw him conferring with Adele at the defendant’s table, oblivious to her gaze. Adele looked comforted by whatever he was saying to her. Reesa fully understood his soothing mannerisms and was relieved. As she continued to watch him, it surprised her to discover how much she had missed him during the past few weeks.

  The time off had given her an opportunity for self- reflection, healing, and relaxation. In retrospect, she realized it was exactly what she had needed to regain her footing and begin reconciling with her past.

  As she watched Mike stand up and approach the jury box, she felt pride and confidence knowing he would deliver the strongest argument possible for Adele.

  Once he reached the jurors, he paused and took a deep breath. “Ladies and gentlemen of the jury, I would again like to thank you for your service on this rather long, and at times, very distressing trial. The patience and attention shown by each one of you will prove crucial in acknowledging the undeniable conclusion I’m confident you will all arrive at when you deliberate this case.

  “I’d like to start by reminding you that we are not disputing the fact that Adele Castillo killed Victor DeWald. You’ve all heard her testimony. She willingly admitted to stabbing him. Nor are we disputing the evidence. Adele’s fingerprints on the knife she used to kill him, Victor DeWald’s blood covering her clothing when she was arrested, the gruesome crime scene. No, we’re not disputing any of these things. We’re not even dismissing the fact that Adele Castillo hated Victor DeWald. After she alleged being raped by him a mere seven days prior to his demise, I don’t think anyone in this courtroom could argue that she had every right to hate him. Wouldn’t each of you hate someone who had violated you in one of the most inhumane and belligerent ways a person can possibly be violated?

  “The prosecution would like you to believe this was a premeditated murder.” Mike looked to the ground and shook his head, then slowly looked back up at the jurors. “I’m sorry, but that’s just ludacris! This wasn’t a premeditated murder, this was a reaction. A plain and simple counteraction of self-defense. An ingrained human reaction toward someone the defendant truly believed was about to cause her bodily harm. Specifically, rape.

  “The mere essence of self-defense is that the victim of an attempted violent act, such as sexual assault, has the right to protect themself from potential death or injury. So I ask you now, do you think the defendant had reasonable grounds to believe she was in imminent danger? You heard her testimony, as well as that of others who have suffered at the hands of Mr. DeWald.

  “Did Ms. Castillo intend on harming Mr. DeWald on the morning of August 5th? Yes, I think we can all agree that she did. How else was she to defend herself? I would like all of you to ask yourselves the following questions. How exactly was a woman who is five feet, four inches tall and weighs one hundred eighteen pounds supposed to defend herself against a man who was six feet tall and weighed two hundred seventy three pounds? Was killing Victor DeWald going too far? How, exactly, can you quantify what was too far? By what legal means should a victim be allowed to stop someone who is about to cause them bodily harm? And lastly, who is to determine how they stop them? You? Myself? The government? I think the answer is clear. Only the victim can determine what is necessary to stop a perpetrator of a violent crime.

  “Adele Castillo’s goal on the morning of August 5th was to stop Victor DeWald from sexually assaulting her. She saw a sliver of an opportunity to defend herself, took his knife from the coffee table where he had placed it, and stabbed him. Was her intent to murder him? Or, was it her intent to merely stop him. Is she at fault because the knife happened to severe his aorta, thus causing his death? Was that intent to kill? Or, intent to defend?

  “I believe the defense has successfully exhibited that Victor DeWald had a long history of sexual assault. He was a violent man. To even suggest the defendant concocted the preface of rape in order to murder him in cold blood is preposterous. I know it, you know it, and I think the Assistant District Attorney knows it.

  “The prosecution stated there was premeditation. I think you’ll agree with me that the only premeditation in this case was on the part of Victor DeWald. He willfully and purposefully attacked Adele Castillo. It wasn’t an accident. It’s not as if he didn’t mean to do it. Rape is very violent and deliberate act.

  “Ms. Castillo is on trial for murder because she defended herself the only way she felt she could at that moment in time. Neither you, nor I, nor the state of New York, can determine she should have stopped him in any other way. They weren’t the ones being violated. Adele Castillo was, and it was her God-given right to protect herself from the heinous and most violent act that Victor DeWald was about to bestowed upon her – again.

  “I think the verdict in this case is, what some might phrase, a no-brainer. The defendant protected herself within the guidelines of the Constitution of the United States of America, which gives the citizens of this great country the inalienable right to self-defend.

  “Before you deliberate this case, I plead with you to consider one more thing.” Mike looked down at the floor and paused as his eyes swelled up with tears. After clearing his throat and taking a few second to compose himself, he looked back up at the jurors.

  “I would like you to contemplate for one moment –,” he said, holding his index finger up and making eye contact with each juror. “If your wife, your mother, your sister, or even a friend were being attacked, by what means would you like them to lawfully be able to defend themselves?”

  He walked toward Adele and held his hand up towards her. “Should this young woman be convicted of murder and spend the remainder of her life in prison simply because she tried to stop a vicious and vile person from violating her very being? To be quite honest, Adele Castillo should never have been tried. She shouldn’t have even been arrested! It’s a travesty of justice that she’s had to sit in this courtroom for the last several weeks reliving the most horrifying event of her life in front of complete strangers just because she defended herself.”

  Outwardly crying, he made eye contact with each one of the jury members. “I have no doubt that you’ll come to the correct conclusion. Adele Castillo is innocent off all charges and all wrong doings. She deserves the right to live her life outside the confines of prison. Hopefully, she’ll be able to get the help she needs to survive the nightmares that will flood her thoughts for her remaining days on earth.”

  Mike paused and sniffled several times, attempting to hold back his tears. “I thank you for your time and service. That’s all, Your Honor.”

  Reesa had tears streaming down her face as she listened to Mike’s closing argument. She was also watching the faces of the jurors trying to assess their receptiveness to his statements. Her eyes rested on the juror sitting in the middle of the front row of the jury box. She was surprised to see he was crying. He even retrieved a tissue from the pocket of his jeans and wiped the corners of his eyes. At that moment, she was confident Adele would be acquitted.

  After Regnier had concluded the trial and spoke briefly to the jurors, they were escorted to the deliberation room. Once he had left the bench, people began shuffling out of the courtroom and into the hallway.

  Two guards were standing behind Adele, waiting to cuff her wrists and return her to the Metropolitan Correctional Center.

  When the guards moved forward, Mike raised his hand to them. “Can we please have a moment?”

  The guards stepped back, and Reesa watched as Mike talked to Adele. She strained to hear his words, but couldn’t make out what he was saying. Adele listened to him attentively, then smiled and nodded her head.

  Reesa read her lips as she said, “Thank you.”

  After Adele was escorted out of the courtroom, Reesa stood and walked up to the defendant’s table where Mike appeared deep in thought as h
e collected his files and placed them in his briefcase. As she stood behind him, she couldn’t help but grin. “Excellent closing argument, Mr. Jenkins.”

  He quickly turned around with a huge smile on his face. “Reesa! Hey, it’s so nice to see you.” His expression reflected his delight in seeing her, and he instinctively stepped toward her to give her a hug.

  She threw her arms around him and squeezed him.

  After he released her, his eyes met hers. “How are you doing? You look great!”

  “I feel great. The time off was just what I needed.”

  “Good. I’m so glad.”

  “Why don’t you finish getting your stuff together and I’ll walk you out.”

  After quickly cramming his files and notepad into his briefcase, he turned to her and extended his arm. “Shall we?”

  She locked her arm in his and they walked out of the courtroom and down the hallway toward the door. Once they were outside, she looked over to him. “Do you have your car or did you take a cab today?”

  “I took a cab. I hate trying to find a place to park. Didn’t want to worry about that today.”

  “I can give you a lift home if you’d like. Or better yet, if you don’t dinner plans, I’d like to buy you dinner. It’s the least I can do for ditching you during the most critical case of your career.”

  “Are you asking me on a date, Miss Collins?”

  “I am. If you remember correctly, I told you I’d go out with you after the trial was over.”

  He laughed. “How could I possibly forget that? I would love to have dinner with you.”

  20

  ACTS OF RECONCILIATION

  After leaving the courthouse, Mike and Reesa walked arm in arm to her car parked a few blocks away. Just before she started the engine, Mike looked over at her, grinning from ear to ear. “You really are a sight for sore eyes. I can’t tell you how great it is to see you.” He reached over and gently touched her hair with his fingers. “Did you do something different with your hair? It looks nice.”