Conspiracy of Silence

by Gledé Browne Kabongo

  “When did the nature of your relationship change?”

  “After I graduated from hair school. He would send me little gifts. We would have dinner sometimes.”

  “So he was pursuing you?”

  “Yes.”

  “Did you feel indebted to him?”

  “Yes.”

  “Pressure to accept his advances?”

  “Yes.”

  “Why didn’t you tell your best friend?

  “I knew I would lose her.”

  “Your parents are deceased, is that right?”

  “Yes.”

  “Do you have any other family?”

  “A brother who lives in DC.”

  “Do you consider Mrs. Kasai family?”

  “Yes. Doctor Copeland made it clear that if I told Nina we were seeing each other, I would lose her for good.”

  “Was he right?”

  “Not quite. Our friendship was broken for a few weeks, but we managed to put it back together.”

  “Did the defendant use any other tricks to keep you at his side?”

  “He said if I told Nina about our affair, he would call in the loan on my salon. He used his contacts at the bank to get me a loan to expand my business.”

  “Thank you, Ms. Hamilton.”

  CHAPTER THIRTY-ONE

  Theresa’s upcoming testimony was a source of great angst for Phillip. Their divorce was amicable and they pretty much kept out of each other’s way, but their marriage was frayed with problems, mostly his inability to stay away from other women. He just knew the prosecution would make a big deal about it. There was nothing he hated more than his private life out there for others to see. That was one of the reasons this trial was tough on him. The press had mostly been low-key since this wasn’t a regular rape trial. He wasn’t sure if that worked in his favor or not. The last thing he wanted was a bunch of cameras in his face and to be the lead story on the six o’clock news. On the other hand, he was being accused of molesting his own daughter. The stigma of that would never go away, even when the jury came back with a not guilty verdict.

  Nina watched as Theresa Jones, who had reverted back to her maiden name after she divorced Phillip, took the stand. She was average looking with large eyes and a mouth too wide for her face, but she had a killer body and a sharp wit that drew people to her. As a senior vice president for Bettencourt’s, she had access to the best cosmetics and beauty products on the market and made the most of it. Nina imagined she wasn’t pleased leaving New York to come to Boston for the trial. On the bright side, she would get to see Cassie. Theresa was a huge unknown in this equation. She could send the father of her only child to prison or portray Nina as a liar.

  “Ms. Jones, how long were you and the defendant married?” McCloud inquired.

  “Almost fifteen years.”

  “And how did Nina enter your lives?”

  “When Phillip and I were dating, he told me he had a daughterwith his ex-wife and maybe one day she would come to live with him, but he wanted her to be a little older.”

  “Why did he want her to be older?”

  “He thought it might be an easier transition with an older child. She would be able to do things for herself while he was busy climbing the corporate ladder.”

  “How did you react?”

  “I was okay with it. He was up front about it from the beginning, so when we got serious and started to discuss marriage, I knew I was coming into a ready-made family.”

  “According to earlier testimony by Mrs. Lockwood, the defendant virtually ignored his daughter after they divorced. How did he react to the prospect of actually having to raise a child?”

  “He admitted he didn’t want Nina at first, but once she was born and time went by, he came to terms with the situation and made plans to raise her.”

  Nina looked at her mother. This couldn’t be easy for her.

  “How did Nina adjust to having new parents practically overnight?”

  “She missed her mother and her family back in the islands, which was to be expected, but she adjusted well to her new life. You know kids—they’re resilient.”

  “How would you describe your relationship with Nina?”

  “I tried to be a good substitute mother for her. I could never replace her biological mother.”

  “What was her relationship with her father like?”

  “She was eager to get to know him. She asked a lot of questions. She wanted him to like her.”

  “Did he?”

  “Yes.”

  “Would you say they grew close?”

  “I would.”

  “What was the atmosphere in the household like?”

  “Fine.”

  “Could you elaborate, Ms. Jones?”

  “We were a typical American family in a lot of ways, a two-parent household. My own daughter, Cassie, was two years old when Nina came to live with us. Phillip worked a lot as an executive at Wellington Investments, but we had a comfortable life. Nina had everything she could ever want.”

  “Did that include being molested by her father?”

  The defense objected. The DA withdrew the question.

  “Ms. Jones, would you say the defendant and his daughter had a normal father-daughter relationship?”

  “Yes. They sometimes clashed, but that’s to be expected from a teenage girl.”

  “What did they clash about?”

  “Rules, boys—that kind of thing. Phillip was very strict by some standards and insisted that Nina had chores and followed the rules. She wasn’t allowed to have so much as a phone call from a boy.”

  “Why was that?”

  “He thought she was too young, and that boys would distract her from her studies.”

  “How did Nina react?”

  “She followed his rules, but like I said, there was conflict from time to time.”

  “How would the defendant react whenever his daughter voiced her displeasure regarding the rules?”

  “He would give her the silent treatment. She hated that.”

  “In other words, he used psychological intimidation to get his daughter to cooperate.”

  “Objection.”

  “Keep the editorials to a minimum, Mr. McCloud,” the judge admonished.

  “Tell me, Ms. Jones, were you present when your ex-husband beat his teenage daughter senseless?”

  Bosch objected on the grounds that the allegations had no basis in fact, and asked that the question be stricken from the record.

  “Your Honor, these are not baseless allegations, not to the state, and certainly not to Nina Kasai, who will testify to the physical and sexual abuse she suffered at the hands of the defendant.”

  “Then save it for her testimony,” a clearly annoyed Judge Sokoff said.

  “Ms. Jones, were you aware that your ex-husband was molesting his older daughter?”

  “No, I was not.”

  “You testified that you tried to be a good substitute mother for Nina. Wouldn’t that mean looking out for her best interests and knowing if something was wrong?”

  Theresa was visibly upset as her parenting skills were called into question. “I didn’t see any signs to indicate any type of abuse was going on.”

  “Are you certain of that, Ms. Jones? There were no unexplained absences from your bed late at night? No weird noises or suspicious behavior on the part of the defendant?”

  Theresa looked like she was about to bust out of the stand and head out of the building faster than a NASCAR driver.

  “We’re waiting, Ms. Jones.” McCloud did little to hide his agitation.

  “Phillip was a workaholic,” Theresa said wearily. “He often worked late into the night.”

  “But you were suspicious at times?”

  “The witness already answered the question,” said defense counsel.

  “Your Honor, Ms. Jones was married to the defendant for almost two decades. She would be well aware of his behaviors and habits.”

  The judge allowe
d the DA to continue the line of questioning.

  “There were a few instances when I was waiting up for him and he came to bed late. When I asked him where he’d been, he said he was watching a late night program on TV.”

  “Didn’t you find that odd? Especially if he knew you were waiting up for him?”

  “I thought so but I didn’t push the issue.”

  “Why not?”

  “I don’t know.”

  “Isn’t it possible that you didn’t want to know? You were afraid of what you might find out?”

  “I didn’t give it much thought.”

  “What was your sex life like with the defendant?”

  The question was unexpected. Theresa was visibly embarrassed. The defense couldn’t object fast enough.

  “This is absurd, Your Honor.”

  “This line of questioning is highly relevant, Your Honor. I’m establishing whether or not the defendant had unique sexual proclivities that would substantiate the Commonwealth’s case.”

  The judge directed Theresa to answer the question. Bosch was not happy.

  “It was fine.”

  “Did you and your ex-husband have an active sex life?”

  “Y-yes.”

  “How often?”

  “What?”

  “How often did you and the defendant engage in marital sex?”

  “Phillip and I worked a lot,” Theresa mumbled.

  “Once a week, several times a week, once a month?” McCloud was not about to go easy on Theresa.

  “It varied.”

  “At any time during your marriage, was there a decline in the frequency of sex?”

  “All married couples go through dry spells.”

  “A simple yes or no will do.”

  “Yes.”

  “When?”

  “I don’t recall exactly.”

  McCloud wasn’t getting the response he wanted, so he changed tactics.

  “Did the defendant ever cheat on you during your marriage?”

  Theresa looked like she was about to be sick. “We had our troubles like everyone else.”

  “So he did cheat, correct?”

  “Yes.”

  “Was this a one-time thing or were there multiple instances of infidelity?”

  “It happened more than once.”

  “Were you aware of who the women were?”

  “Sometimes.”

  “Would you describe them as young?”

  “What do mean by ‘young’?”

  “Significantly younger than the defendant, twenty years or more his junior.”

  “I guess so.”

  “Is it safe to say the defendant had an appetite for young girls?”

  Bosch objected. “He’s leading the witness, Your Honor.”

  Theresa looked in her ex-husband’s direction. It couldn’t be easy for her, given they shared a daughter and had to be in each other’s lives.

  “I guess so.”

  “Why did you and your ex-husband divorce?”

  “Irreconcilable differences.”

  “Well, what was the final blow to the marriage?”

  Theresa wouldn’t answer right away. She kept folding and unfolding her hands.

  “We’re waiting, Ms. Jones. What finally ended your marriage?”

  “Phillip wouldn’t forgive me for cheating just to get back at him.”

  The defense’s cross-examination zeroed in on the fact that Theresa had no way of knowing the exact age of the women her ex was involved with, and therefore couldn’t say for sure they were at least twenty years Phillip’s junior. Bosch also scored points by getting Theresa to share additional observations about Phillip’s treatment of Nina in her presence, which painted Phillip as a stellar father.

  Lieutenant John O’Reilly was sworn in. As lead investigator on the case, his testimony would carry a lot of weight. A twenty-five year veteran of the Westwood Police Department, O’Reilly was thorough, relentless and always nailed his man.

  “Lieutenant, please tell us what Nina Kasai said to you on the day of July 15th of this year.” McCloud was deliberate and confident.

  “Mrs. Kasai came to the police precinct and said she wanted to report a crime. I took her into the interrogation room and questioned her about the crime and who the perpetrator was.”

  “What was the crime and who was the perpetrator?”

  “Sexual assault. The perpetrator was her father.”

  “Did she indicate where this crime took place?”

  “At the family residence, 48 Collinwood Drive in Westwood.”

  “Who lived with her at that residence?”

  “Her father, stepmother, baby sister, and Constance Buckwell, their caregiver.”

  “When did this crime take place?”

  “Alleged crime,” Bosch pointed out.

  “Over an eight-year period, beginning when Mrs. Kasai was a ten-year-old child to when she was almost eighteen.”

  “Where in the house would these alleged assaults take place?”

  “The acts were mostly confined to her bedroom.”

  “Did you find her story to be credible?”

  “I found Mrs. Kasai to be a very credible witness.”

  “Why is that, Lieutenant?”

  “Her recollection of certain incidents, the time frame, the consistency in her story.”

  “In our interview, you used the term ‘conspiracy of silence’ to indicate that many people knew of the plaintiff’s plight but refused to help her. Is that your professional opinion of this case based on your investigation?”

  “It is.”

  “What is that conclusion based on?”

  “The majority of witnesses interviewed indicated they thought something was wrong, that was consistent throughout the interviews. The only variation was Constance Buckwell.”

  “Were they outraged, sad, indifferent?”

  “Mostly indifferent. They treated the defendant as if he were a god and the allegations against him were just an annoyance.”

  “What do you mean, they treated him like a god?”

  “They talked about all the good he did for the community or for them personally, what a great man he is.”

  “Lieutenant, is there any evidence to corroborate Mrs. Kasai’s recollection of events?”

  “Yes. We visited the property, her former residence. The layout was exactly as she described in her deposition.”

  “Was the property empty when you visited?”

  “No, it’s been occupied by the current owner.”

  “Did anything about that visit stand out?”

  “Mrs. Kasai’s room was directly across from Ms. Buckwell’s room.”

  “In other words, she could see who went in and out of that room?”

  “Correct.”

  “Were the rooms close enough so someone in one of the two rooms could hear what was going on in the other?”

  “Yes, they were.”

  The DA presented photographs of the house as Exhibit A. Nina began to choke up as memories came flooding back. She could hear the stupid whistling sound he made whenever he came to her room. She remembered trying to climb out the window one night when it was ten degrees outside. She got stuck and had to come in hurriedly before he found her trying to escape. She knew a beating would have followed had he caught her.

  The defense approached the witness.

  “Lieutenant, did any of the witnesses you interviewed produce any evidence to prove that my client abused his daughter?”

  “No.”

  “Did any of the witnesses you interviewed, at any time in the last several years, come forward to report abuse?”

  “No.”

  “Did any of the witnesses ask the plaintiff if her father molested her?”

  “No.”

  “Thank you, Lieutenant.”

  The trial broke for lunch. Nina was on her way from the ladies’ room when she saw him. There was no alternative route to the courthouse entrance where Marc and her mo
ther were waiting. He walked right up to her, taking a quick look to make sure nobody was watching.

  “I’ll get off free and clear. All of this will be for nothing. People pretend to be outraged, but the truth is, they secretly think you’re a slut.”

  Nina thought of a dozen comebacks. She chose to walk away without uttering a single word.

  Cassie ambushed Nina on the courthouse steps.

  “Dad is going to get off. How will that make you look?”

  “I didn’t know you cared, Cassie. Don’t worry about me, though. Unlike you, I don’t need him to survive.”

  “That’s not true,” she said tersely.

  “What will you do if he gets convicted? Who will pay your bills? Where will you live?”

  Cassie’s bravado disappeared as she was forced to confront the possibility of life without her father. Nina could tell she still believed he was innocent; everything would go back to the way it was after the trial.

  “He promised to take care of me.”

  “Don’t count on that. His defense is very costly. He may not have the luxury of being quite as generous as he used to be.”

  Dr. Maeve Issler was sworn in. While she had her hands on the bible, Nina ventured a glance at the defense table. He didn’t look happy. Bosch had fought hard to strike Dr. Issler from the witness list, claiming that as Nina’s psychiatrist, she would be biased against the defendant. The state won on the grounds that Dr. Issler’s impeccable record and extensive expertise on the subject made her impartial.

  “Dr. Issler, what is the nature of your relationship with Nina Kasai?” McCloud asked, as he retrieved a document from his briefcase.

  “She’s my patient.”

  “And what was she seeing you about?”

  “Emotional healing stemming from an incestuous relationship she had with her father.” Bosch objected, claiming the statement was prejudicial. The judge allowed it.

  “What was your initial impression of Nina?”

  “She struck me as highly intelligent and driven, very much in control, or so it seemed at the time. She resented having to seek therapy.”

  “Why did she feel resentful?”

  “She said the idea of having to seek therapy made her feel like she would be living the abuse all over again. She went on to say that she had spent the better part of the last eighteen years carving out a life for herself, free from her father.”