He stopped at her table and mouthed words to her that he thought Ryan didn’t see. “I’m so sorry.”
Ryan obviously saw, because he stood up to challenge Bradley. “Fuck the hell off!” He went to reach for Bradley but Michael and the prosecutor struggled to hold him back.
The prosecutor was overtly pissed at Ryan, and he vehemently hissed, “Sit back down!”
The clerk came into the courtroom at the worst time possible asking everyone to stand for the honorable Judge Winston. Once settled, he looked at all of them and said, “Please, be seated.”
The prosecutor glanced back at Ryan and seethed, “If you do that again, I’ll throw you out of here personally.”
Dhalia started to like the prosecutor increasingly as time progressed.
The judge offered a reintroduction of sorts, and then he asked the clerk to seat the jury. Twelve of Brad's apparent peers walked in and took their seats close to where she was sitting. They all stared at her, making her feel as though she was specimen of some sort, on display.
The prosecutor was asked to give his opening statement before the court. He stood close to her and faced the jury. “Ladies and gentlemen of the jury, we are here today to determine if Dhalia Kennedy consented to being physically abused and having sexual intercourse with the defendant, Bradley Hotman. You will be listening to testimony, seeing videotaped evidence, and viewing pictures to help you determine the answer. I would like to forewarn you that they are disturbing to look at, and I also thank you for your time and objectivity.”
The judge looked at Bradley’s attorney and said, “Would you like to give an opening statement?”
“Yes, your honor,” he replied. He stood and moved in front of the jury. “Ladies and gentlemen of the jury, I too would like to thank you for your service today. I am here to argue that Ms. Kennedy intentionally upset Mr. Hotman, which led to his uncharacteristically irrational behavior. Before this event, he was a reputable man, contributing to his community in many ways. I will argue that Ms. Kennedy's behavior triggered a blind rage in Mr. Hotman that he was incapable of controlling at the time. She unleashed a jealousy within him, one he himself was unaware he was capable of. Ms. Kennedy additionally admitted to the police during their interview, that the sexual relations were consensual. Thank you.”
He sat down.
Judge Winston nodded at the prosecutor. “Please call your first witness.”
“I will, your honor, but first I would like to submit into evidence the film and photos for the jury to review. I remind the courts they are graphic in nature.”
The judge passed the photos to the clerk who gave them to the lead juror. The photos were passed around. Next, the video was played facing the jurors with the sound on. It echoed throughout the courtroom. Shocked, pale expressions plagued the jurors' faces. Dhalia started feeling sick to her stomach.
The prosecutor’s lip turned up. Indeed, he seemed satisfied with the result. She was traumatized at this point.
“I’d like to call Bradley Hotman to the stand.”
Bradley rose with pride and dignity, and he strolled to the stand to be sworn in.
“Please state your name and your relationship to the victim.”
“Bradley Hotman. I was a fan, her employer, and then exclusively dating Dhalia Kennedy.”
“Let me get this correct. You were a fan of her skating. Then you decided to employ her. Then you began to date her? Sounds like stalking,” the prosecutor commented under his breath but loud enough for the jury to hear.
The defense called, “Objection!”
“Sustained. Keep your comments to yourself and stick to the evidence. Strike that from the testimony.” The judge looked at the jury and instructed them to ignore the last comment.
“Sorry, your honor,” he stated before continuing.
“Did Ms. Kennedy initiate sex with you on the day in question?”
“No, she did not.”
“Did you gag Ms. Kennedy at any time that day?”
“Yes.”
“Did she say no or fight you off at any time?”
“Yes.”
“Did you hit her?”
“Yes.” Bradley reached for his tie and loosened it, showing signs of nervousness.
“Did she deserve it?”
“No.”
The prosecutor stopped pacing and offered, “That's all, your honor.”
The judge asked the defense, “Would you like to cross examine?”
“Yes, your honor.”
He walked over to the jury and looked at all of them. Then he started to pace before Bradley.
“Were you in love with Ms. Kennedy?”
“Yes.”
“Are you still in love with her?”
“Yes.”
“Did she tell you she was in a relationship with Ryan Kennedy, her ex-husband?”
“No, she said that relationship was over.”
“Did you believe her?”
“Yes.”
“Was she in love with you?”
“You'd have to ask her that question; it was too early in the relationship to discuss it.”
“What happened the night before you flew in to see her?”
“I saw her kiss Mr. Kennedy on one of the videotapes.”
“Did Ms. Kennedy know she was being videotaped?”
“Yes.”
“Was that after she promised not to be with her ex, Mr. Kennedy?”
“Yes.”
“Is that why you flew in to see her?”
“Yes, and I also wanted to help with the show.”
“How did you find her when you got there?”
“Naked in bed.”
“Is that an anomaly worth mentioning? Did not Ms. Kennedy always sleep that way?”
“I don’t know, although I suspected she didn’t.”
“Did she admit to you that she slept with her ex-husband?”
“Yes, she did; she said that there wasn’t anything that could have kept her away from him.”
“Thank you, that will be all.”
“Would you like to call your next witness?” Judge Winston inquired.
The prosecutor looked at Dhalia questioningly and she shrugged.
“I’d like to call Dhalia Kennedy to the stand.” She dragged her suddenly heavy-feeling body off the chair from where she was sitting and walked to the front of the courtroom where she was sworn in.
“Please state your name and relationship to the accused.”
“Dhalia Kennedy. I was dating Mr. Hotman and he was also my employer.”
“Did you consent to having sex with him on the day in question?”
“No, I did not.”
“Did you try to fight off his sexual advances?”
“Yes.”
“Thank you. That's all, your honor.”
The judge turned to the defense lawyer. “Would you like to cross examine?”
“Yes, your honor.”
“Were you in love with Mr. Hotman?”
She looked over into his eyes and then at Ryan and responded with honesty, and from her heart. “Yes, I think so, or at least I was enamored.”
“Had you had intercourse with Mr. Hotman on more than this single occasion?”
“Yes.” She looked at him for a few more seconds. Their eyes met for a second time.
“Would you say that it was unusually rough or more on the gentle side when you were engaged in intercourse with him?”
“A little on the rough side.”
“Did you like that?”
“Yes, very much.”
“Did you like it this time?”
“No.”
“Did you tell Mr. Hotman you slept with your ex-husband to make him angry with you?”
“Yes, I was angry at him.”
“Were you aware you were being videotaped?”
“Yes.”
“Did you have sex with Mr. Kennedy before Mr. Hotman came to your room knowing he could see the tapes?”
“Yes.”
“Did you want him to see them?”
“No, I was angry and I felt close to Ryan, but I don’t think I wanted him to actually look at the tapes. I was caught up in the moment with Ryan.”
“Had he ever been violent towards you on any other occasion?”
“No, he wasn’t.” She looked back at Ryan. He wore a somber expression, his eyes dark and unreadable.
“Thank you, that will be all.”
The judge broke up the oppressive tension in the courtroom. “Would you like to call your next witness?”
“I’d like to call Michael Web to the stand.”
Michael rose from his seat and walked to the stand where he was sworn in.
“Please state for the jury how you know Dhalia Kennedy.”
“Michael Web. I was her former coach and coworker.”
“Did you witness the attack on the day in question?”
“No, I did not.”
“Did you see her after the attack?”
“Yes.”
“How did she look?”
“Terrible. Her face was swollen and bleeding, and she was terrified.”
“Was Mr. Hotman present at the time?”
“No.”
“Thank you, Michael. That will be all.”
The judge looked at the defense attorney and said, "You may cross examine if you wish."
He rose from his chair and paced in the front of the courtroom.
“What is your relationship with Mr. Hotman?”
“He’s my employer.”
“Has he ever disrespected you, treated you rudely, or exhibited a propensity towards physical violence in any way?”
“No.”
“Have you ever seen him act in any of those ways to other people, or in particular Dhalia Kennedy?”
“No.”
“Thank you, you may step down.”
“Would you like to call your next witness?”
“The prosecution would like to call Officer Soares to the stand.”
The officer was sworn in.
“You interviewed Ms. Kennedy immediately after she was sexually assaulted, is that correct?”
“Objection,” interjected the Defense. “It hasn’t been proven she was sexually assaulted versus consensual.”
The judge responded, “Sustained. Please rephrase the question.”
“After the 911 call, you went to the hospital to question the alleged victim, correct?”
“That’s correct.”
“Did Ms. Kennedy say she consented to intercourse with Mr. Hotman?”
“Yes, she did.”
“Did you believe her?”
“No.”
“Why didn’t you believe her?”
“She seemed scared, like she was threatened or under duress.”
“Thank you, that will be all.”
The judge looked over at Bradley’s table. “Would the defense like to cross examine?”
“Yes, your honor.”
“Did you see Mr. Hotman assault Ms. Kennedy?”
“No, I did not.”
“Did Ms. Kennedy say the intercourse and events leading up to it were consensual?”
“Yes, she did.”
“Did you decide to pursue the case at the time?”
“No, we did not.”
“Thank you, Officer Soares, that will be all.”
The judge looked at them. “Would the prosecution like to call any additional witnesses?”
“Yes, your honor, we would like to call the forensic expert to the stand who investigated this case.”
A strange looking man Dhalia had never seen before was sworn in. The prosecution paced before the man.
“Please state your name and profession.”
“My name is Henry Smith. I am a forensics expert.”
“Was there evidence of a struggle found in your investigation of this case?”
“Yes, there was.”
“How so?”
“There were traces of skin and/or hair found under the victim's fingernails also slight tears and traces of ejaculate in the lining of the vagina. She also presented with slight bruising around both wrists and the back of her neck. Her eye was swollen shut and her cheek was swollen.”
“Did the traces of skin and hair belong to Mr. Hotman?”
“Predominantly, yes.”
“Thank you, that will be all.”
“Would the defense like to cross examine?”
“Yes, your honor.”
“You said there was evidence of a struggle, is that correct?”
“Yes, I did.”
“Could excessively passionate sex, more similar to sexual dominance, bring forth the same kind of evidence?”
He stopped and thought for a second. “I suppose it could.”
“You said the traces of skin and hair predominantly belonged to Mr. Hotman, is that correct?
“Yes, I did.”
“Were there other traces that didn’t belong to him?”
“Yes.”
“Thank you, that will be all.”
The judge looked at the prosecution again. “Is there anymore witnesses you would like to call?”
“Yes, your honor, Dhalia has consented to have Dr. William Carson testify. Please proceed to the stand.”
Dr. Carson went to be sworn in. He smiled at Dhalia and she returned his gesture.
“Did you interview Ms. Kennedy after the assault?”
“No, I spoke with her when she was formed.”
“Can you please explain to the jury the meaning of 'formed,' Dr. Carson?”
“When people are kept in hospital involuntarily.”
“What would you say was Ms. Kennedy’s state of mind during your interviews?”
“She was very disturbed.”
“Thank you. Dr. Carson. The prosecution rests, your honor.”
“Would the defense like to cross examine?”
“No, your honor.”
“Okay then, we’ll take an hour lunch and resume at 1:30.”
The clerk stood up. “All rise.”
The judge left the room.
Michael walked straight over to Ryan and pulled him out of the courtroom before he could get to Bradley or Dhalia. The prosecutor looked over at her and said, “Your testimony really weakened our case.” He was visibly angry. “I’ll see you back here in an hour.”
The Continuation
Dhalia left the courtroom to freshen up. She didn’t have much of an appetite. She wandered the halls after having a snack to eat and when she turned a corner, she bumped into Bradley. They locked eyes. He spoke first.
“I’m desperate to talk to you, can we go somewhere?”
“You can talk to me here.”
Bradley stared into her eyes. “I meant what I said; I’m sorry for hurting you. I was going according to plan until you got me so angry, I was unhinged. You promised me you weren’t with Ryan anymore. You said it was all over.”
“What you did was far worse than anything I planned with you. Bradley, do you have any idea how long it took me to recover from the beating you gave me? I’m not just talking about the physical battering but also the psychological blows. My face healed but my emotional trauma hasn't. I trusted you not to take it too far. Do you know I need a psychiatrist now? That I’m taking anti-anxiety medication? I got locked up in a psychiatric ward because of you.”
“Dhalia, this entire assault idea was your idea. I told you I didn’t want to do it. I offered to help you pay your bills. You didn’t listen to me. I was just agreeing with it to help you. I was crazy about you, I still am, and I would have given you anything you needed. You, missy, lied, and got greedy. You wanted to do way too much to make our show a hit.”
Dhalia turned around and saw Ryan coming towards them.
“So what is it? Is he threatening you?” Ryan sneered.
“Can we talk later?” Dhalia asked Ryan.
“No. I need to know now,” Ryan
insisted.
“Why the fuck are you talking to him? Do you remember why you’re here and what he put you through? How much more of his shit are you going to take?” Ryan interrogated.
“You’re still with him?” Bradley demanded.
Michael watched as the two men conversed with Dhalia. Justin was filming the entire time everyone was in the courtroom and even when she was talking to both men. Michael looked at his watch and said, “It's time to go back.” They got to their seats just in time. The clerk stood and said, “The Honorable Judge Winston presiding. Please rise.” Everyone stood until the judge sat down and motioned that they could sit, too.
Judge Winston spoke, “Would the defense like to call its first witness?”
“Yes, your honor, we would like to call Ryan Kennedy to the stand.”
Ryan was sworn in.
“Please state your relationship to the accused.”
“Employer.” He was glaring daggers at Bradley.
“Were you aware that your actions at the Village could be taped at any time?”
“Yes.”
“Were you in a relationship with Ms. Kennedy when you were at the Village?”
“No, not officially.”
“Were you aware she was dating Mr. Hotman?”
“Yes.”
“Did you kiss Ms. Kennedy the night before she was assaulted?”
“Yes.”
“Did you have intercourse with Ms. Kennedy the night before Mr. Hotman arrived?”
“Yes.”
“Thank you, that will be all.”
The judge looked over at the prosecutor. "Would you like to cross examine?"
“I’ll pass.”
Judge Winston asked the defense, "Is there anyone else you would like to call?"
“No, your honor. I would like to submit as evidence articles written about Mr. Bradley Hotman and what he has done for his community. He's been a tremendous financial contributor. I would additionally like to submit written letters of character references from Mr. Bradley Hotman’s family and friends. Then the defense will rest.”
The clerk took all the defense lawyer's evidence for the jury to review when deliberating. Judge Winston announced that court would reconvene at 8:00 tomorrow morning. They headed back to the Village in the white limousine. Nobody spoke in the car, and when they got out, they all went in their own directions. Dhalia thought Matt and Justin were afraid to say anything and Ryan was simply too angry to speak.
Kiss & Cry, Where Passion Awaits Page 17