Conflict of Interest

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Conflict of Interest Page 24

by Jae


  Aiden bowed her head, understanding Grace's pain and sorrows. What she didn't understand was why Grace automatically excluded her, but not a male cop, as a possible love interest for Dawn. Either she's not as aware of her daughter's sexual orientation as Dawn thinks, or she's deeply in denial. Or she just knows that you're so not the woman for Dawn and is trying to warn you off, Aiden Carlisle.

  "Hey, Aiden!" Ray called from the glass doors leading to the squad room. "I've got the warrant on McPherson. You coming?"

  Aiden stood and reached for her jacket, directing an apologetic gaze at her two visitors. "I have to go." She hesitated for a second and then added, "Give my best to Dawn."

  * * *

  Kade rounded the prosecution table and looked down at the bald man on the witness stand. "Doctor Van Hayden, would you tell us your profession, please?"

  "I'm an emergency room physician at Portland General Hospital," the witness answered.

  "How long have you been practicing medicine?" Kade asked, determined not to let the defense undermine the credibility of one of her witnesses again.

  "It will be twenty years in December," the doctor said.

  Kade nodded respectfully. "And how many women who have been raped have you treated in that time?"

  Doctor Van Hayden shrugged. "A lot, but I don't know the exact number."

  But Kade did. She looked down at the paper in her hand. "Would it surprise you to hear that you were involved in the treatment of two hundred eight rape victims?"

  "Not at all. That sounds about right."

  Now that the vast experience of the witness had been established, Kade moved on. "Did you also treat Dr. Kinsley?"

  "I did."

  "What were the findings of your medical examination?" Kade asked neutrally, not giving D'Aquino any opportunity to object.

  "I found bruises on her upper arms, thighs, on the right side of her face, and in the pelvic region. There were bite marks on her breasts and a hairline fracture on her right index finger," the ER doctor explained.

  "Your Honor, I move People's exhibits nine, ten, eleven, and twelve into evidence. Doctor, are these the photographs that were taken during your examination?" Kade laid the pictures out in front of the physician.

  Van Hayden nodded. "Yes, they are."

  Kade walked the photographs over to the jury box and handed them to the juror closest to her. She watched the faces of the jury members while they saw the victim's injuries for the first time. When dealing with a jury, Kade knew that the old saying was true: A picture was worth a thousand words.

  Finally, she turned back to her witness. "In your professional opinion, Doctor, what has usually been the cause of injuries similar to those you found on Dr. Kinsley?"

  "Objection!" D'Aquino tried to prevent the doctor from answering. "Counsel is asking for a personal opinion."

  Linehan looked at him like a mother reprimanding her toddler. "Opinion testimony is admissible in the area of specialized knowledge that an expert witness is qualified in; you know that, Mr. D'Aquino. The objection is overruled. Please answer, Doctor Van Hayden."

  "The bruises on arms and thighs are consistent with restraint, and the bruise on her cheek was most likely caused by a backhanded slap to the face," the doctor answered.

  "What about the bruises around her neck?" Kade asked.

  The doctor looked down at the photo Kade held out for him. "The pattern was not consistent with manual strangulation. I think someone pressed down on her throat with a forearm."

  "You also did what is called a rape kit or sexual assault evidence collection kit on Dr. Kinsley, is that correct?"

  "Yes, I did. The examination revealed seminal fluid and vaginal lacerations at the six o'clock position," Doctor Van Hayden answered.

  "When you say six o'clock position, what exactly do you mean?" Kade asked for the sake of the jury. She knew how important it was that every juror understood the vaginal clock because it helped to prove that it had been rape and not rough consensual sex.

  The ER doctor turned toward the diagram they had prepared to help illustrate his testimony. "When we do a rape examination, we mentally divide the vagina into areas. The upper part," Van Hayden pointed at a certain point of the diagram, "is the twelve o'clock position while the lower part is the six o'clock position and so on."

  "And what practical relevance do these positions have?"

  "Injuries at the lower portions, the five, six or seven o'clock position, imply rape while small injuries near the twelve o'clock position are generally attributed to rough but consensual sexual activity," the physician explained.

  Kade circled the lower part of the diagram. "So your medical findings corroborate that Dr. Kinsley had been raped?"

  "Objection, Your Honor! Leading!" D'Aquino shouted across the courtroom.

  Linehan nodded. "Sustained. Rephrase, Ms. Matheson," she demanded.

  Kade quickly formulated a nonleading question. "In your professional opinion, what conclusions can be drawn from your examination of Dr. Kinsley?"

  "It seems very likely that she's been raped," Van Hayden gave the answer Kade had been waiting for.

  "Thank you, Doctor. No further questions."

  D'Aquino stood. "Doctor Van Hayden, isn't it true that bruises can not only be caused by rape but by rough, consensual sex, too?"

  "Yes," the doctor had to agree.

  "And isn't it also true that pressure against the throat to cut off the air is sometimes used to enhance sexual pleasure?"

  The physician nodded again. "Yes. The lack of oxygen can heighten sexual excitement."

  "So, bruises around the throat don't necessarily show intent to kill or seriously hurt someone, do they?"

  "Not necessarily, no."

  Kade gritted her teeth. The defense attorney was keeping his questions general and wide enough that the doctor had to agree because the statements were generally true even though they didn't apply to Dawn Kinsley's case.

  "Is it correct that there are other common signs of rape, for example..." D'Aquino looked down at his notes, "...injuries to the vaginal fourchette and the perineum?"

  The doctor inclined his head. "In some cases, yes."

  "And did you find lacerations at the fourchette when you examined Ms. Kinsley?"

  "No, I didn't."

  D'Aquino nodded with a grave expression. "What about injuries to the perineum? Did you find that?"

  "No, I didn't," Van Hayden had to admit once again.

  "We heard that you've been a doctor for twenty years," D'Aquino changed the topic. "In this time, have you ever encountered injuries you believed to be caused by rough but consensual sex?"

  The doctor smiled wryly. "After twenty years in the ER, there's not much I haven't encountered."

  "So, that's a yes?"

  "It is."

  "And did the patients usually tell the truth and give rough sex play as the cause of their injuries?" D'Aquino asked.

  "Only when it was so obvious that they couldn't get away with any other explanation," Van Hayden answered.

  The defense attorney rubbed his chin. "Other explanations... such as?"

  "Falling out of bed or household accidents."

  "Did someone ever try to claim she had been raped even though the injuries were caused by rough sex?"

  Kade was on her feet in a second. "Objection! Your Honor, this is another attempt to accuse the victims of lying and put them on trial here."

  "Sustained," Linehan decided. "Mr. D'Aquino, I have spoken to you on this matter already. Cease that line of questioning or you shall be held in contempt of court. You will have the opportunity to question Dr. Kinsley's credibility when she takes the stand. Do I make myself clear?"

  "Yes, Your Honor." Victor D'Aquino straightened his tie and turned back to the witness. "Doctor Van Hayden, did you run a toxicological analysis on the blood sample taken from Ms. Kinsley?"

  "No, that's not part of standard procedure. The blood is taken to test for sexually transmitted diseases."<
br />
  "So there's no way to prove whether or not Ms. Kinsley had been drinking?" the defense lawyer wanted to know.

  The doctor furrowed his brow. "I didn't notice –"

  "Yes or no, please: can you prove if Ms. Kinsley had been drinking or not?" D'Aquino interrupted.

  "We can't determine the blood alcohol level, no," the physician had to concede.

  "Thank you, nothing further."

  Kade rose for her redirect examination. "Doctor Van Hayden, how close did you stand to Dr. Kinsley while you examined her?"

  "Objection, relevance?" D'Aquino said immediately.

  "The relevance will become clear with my next question, Your Honor," Kade promised.

  Linehan fixed her with a strict gaze. "It had better, Counselor. Overruled. Continue, Doctor Van Hayden."

  "I had to stand very close to Dr. Kinsley," the doctor answered.

  "Close enough to potentially smell alcohol on her breath if she had been drinking heavily?" Kade asked.

  "Objection, leading and speculation!" D'Aquino threw in.

  "Your Honor, we have already established the witness' credibility as a medical practitioner for twenty years. During this time, he has surely dealt with intoxicated patients, and he is experienced enough to recognize such a state."

  Linehan nodded. "Overruled."

  "Other than the injuries you already told us about, was there anything else you noticed about Dr. Kinsley's condition?"

  "She was in shock."

  "Anything else?"

  Van Hayden shook his head. "Not that I can remember."

  Kade looked to the jury for a moment, hoping they understood that this meant he hadn't noticed the smell of alcohol on her breath or any behavior that could be attributed to intoxication. "Doctor, is the lack of injuries to the perineum or the fourchette proof in itself that the alleged victim is lying and no rape has occurred?"

  "No, not at all. Only some rape victims show injuries to the fourchette, and injuries to the perineum are rather rare," the doctor answered. "The majority of rape victims don't have signs of genital trauma."

  "Nothing further, thank you." Kade was glad to sit down. Her feet were starting to hurt after a full court day in high heels.

  "Thank you, Doctor Van Hayden. That will complete your testimony. You may step down. I suggest we break for the day and reconvene tomorrow." Linehan raised her gavel. "Court is adjourned."

  * * *

  Dawn was stiffly sitting in the busy waiting area of Portland General Hospital, her back pressed against the uncomfortable plastic chair in an attempt to make herself feel more grounded. She had never liked hospitals, but now, after being raped just six weeks ago, the somber walls and the smell of disinfectant made her heart race and her breathing catch. She realized that she wasn't that far off having a panic attack, and that knowledge did nothing to help her relax either.

  "Hey," a voice said right next to her.

  Dawn's head jerked around. Startled, she glanced up – and felt herself relax for the first time all day as she looked into eyes the color of warm honey. "Detective Carlisle!" Her voice trembled with relief at having her personal guardian angel suddenly show up.

  "Hello," Aiden said, running long fingers through her unruly black hair before wrapping her fingers around the gold shield on her belt. She looked down at Dawn in concern. "What are you doing here? Everything all right?"

  "Yes," Dawn said even though she hadn't been all right just a minute ago. "I'm just here to get this splint removed and my finger x-rayed to see if it's all healed up." She held up her right index finger. "And you? Everything okay?" She let her gaze travel over Aiden's long legs, her trim waist, and up a muscular yet still feminine upper body. Aiden certainly seemed to be in perfect health and not here to seek medical attention.

  "I'm here on a case," Aiden said.

  "Oh." What did you expect? Dawn reprimanded herself. Did you think she somehow sensed you needed her and showed up just to hold your hand? You are a victim in one of her cases to her – just one of many. She bit her lip. "Then I shouldn't keep you."

  Aiden eased her tall frame down onto the plastic chair next to Dawn's. "I have a few minutes," she said.

  "Are you sure?" As much as Dawn needed Aiden's company, she knew there was another rape survivor who needed it more. Aiden's presence had been the only thing that had made her rape kit examination halfway bearable, and she didn't want to deprive anyone else of that soothing presence.

  Aiden nodded. "I'm sure. The victim..." She hesitated. "She's in a coma, and the doctors aren't sure if she'll ever wake up."

  Dawn closed her eyes for a moment. "Maybe," she said when she opened them again, "maybe I've been lucky." She didn't really feel lucky, but compared to a woman who might spend the rest of her life in a coma...

  Aiden said nothing. She sat next to Dawn, silently keeping her company until a doctor called Dawn into the examination room. Aiden stood, too, and nodded down at Dawn. "Take care."

  "You, too, Detective." Dawn watched her disappear down the hall before she turned and followed the doctor into the examination room.

  CHAPTER 19

  AIDEN ADJUSTED the Plexiglas safety glasses and the earmuffs that she wore and moved the target back from the 15- to the 25-yard line. She spread her feet for balance and gripped the butt of her Glock, one hand supporting the other.

  In rapid succession, she fired center-mass at the black silhouette at the end of the lane. When she had pulled the trigger the five times that were required from this distance, Aiden stepped back and pressed the button to retrieve the target for closer inspection.

  She smiled with satisfaction. Not only had all five rounds hit the black paper, they had all landed in the target's center and head.

  "Would you look at that, boys?" came Jeff Okada's voice from behind her. "Is this part of your evil plan to humiliate your colleagues?"

  Aiden laughed. "Oh, you don't need me for that. You manage it all on your own."

  "Don't listen to Jeff," Ray said, clapping her on the back. "He's just jealous because he wants to have a partner who scores ninety-eight, too, instead of one who has barely passed the requalification with seventy-nine."

  "I had something in my eye." Ruben rubbed the eye in question.

  "Yes – the female range instructor who stood there, trying not to laugh," Okada teased.

  Ruben squared his shoulders. "She wasn't laughing; she was ogling me. She even agreed to go out with me." Triumphantly, he waved a piece of paper with her phone number.

  "Some women will do anything out of pity," Okada commented.

  "If this is how you shoot when you take pity on these guys, I'd like to see your score when you shoot without mercy," another voice said from behind Aiden.

  Aiden hastily took off her safety glasses when she recognized Lieutenant Del Vasquez.

  The three men exchanged glances. "I think we'll try the outdoor range. There's still hope that we can beat you there, Aiden." Ray dragged his colleagues from the room.

  "Do you have a minute, Detective?" The lieutenant pointed at the door.

  Nervously, Aiden followed her outside. She had never directly worked with the homicide lieutenant and knew of no active cases that would require their cooperation. The only thing they had in common, other than their work, was Dawn. After what Grace had said about her wish that Dawn should never again become involved with a cop, Aiden dreaded the conversation Del Vasquez wanted to have with her.

  "I'll get straight to the point," Del said when they reached the front of the building.

  Aiden nodded in agreement, preferring not to suffer for long.

  Del looked her right in the eyes. "I want you to hook me up with your Deputy DA."

  Aiden almost swallowed her tongue. She stared at the lieutenant with wide eyes as she coughed. Good to know my gaydar's still in full working order, but... Kade? What the hell?

  Del rolled her eyes and laughed, a dark, husky sound. "Let's make it clear right now – I may be many things, but
two things I'm not: heterosexual or blind. Yes, I noticed that Kadence Matheson is not only a brilliant lawyer but also a beautiful woman. But please get your mind out of the gutter, Detective. The hookup I requested was meant in a strictly professional capacity."

  "Oh." Aiden rubbed her neck, trying to look as if she had never assumed anything else even for a moment. "Yes, of course. What... what should I tell Ms. Matheson?"

 

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