Conspiracy of Silence

by Gledé Browne Kabongo

  McCloud paced the floor, hands in his pocket. “Why would she feel ashamed? She wasn’t the instigator or perpetrator.”

  “Victims of sexual molestation often feel shame and guilt over the abuse. They blame themselves because they believe something about them triggered the abuse.”

  “Could you explain to the court in layman’s terms what your findings were after treating Nina Kasai?”

  “Nina exhibited classic symptoms of someone who was molested and who has been forced to confront the situation.”

  “Please elaborate.”

  “Victims often exhibit traits such as high levels of secrecy, almost living a double life in some cases. They’re prone to psychological conditioning by their aggressors, for example, ‘you’ll destroy this family if the truth ever comes out’. Sometimes it extends to comments about the victim’s physical appearance. They’re told they’re special, beautiful, etcetera. If the perpetrator is married, the wife is painted as cold, unfeeling, and mean.”

  “What about relationships with the opposite sex?”

  “Perpetrators often discourage victims from interest in the opposite sex. If the female victim has a boyfriend, the perpetrator will make it difficult for her to see him and in many cases, demand that she terminate the relationship.”

  “Dr. Issler, how many cases of sexual abuse have you treated or consulted on during your career?”

  “Hundreds.”

  “How does Nina compare to what you consider a classic case of sexual abuse?”

  “In many ways, Nina’s case is typical, yet atypical.”

  The DA look puzzled and so did the jury. “What do you mean?”

  “In many cases, incest survivors take on a sense of displaced anger, either at themselves or their partners. Nina directed her anger at the perpetrator. She didn’t engage in some of the self-destructive behaviors victims of incest often exhibit, such as alcoholism or drug abuse, for example.”

  “Can you think of anything else that makes Nina different from most victims?”

  “She has built a fortress around her emotions. Like many victims, she has spent most of her adult life atoning for what she considers a mortal sin.”

  “In what ways?”

  “She had to be successful in all her endeavors whether it be career, marriage, or friendship. She’s involved in many charities and does volunteer work despite a demanding career. It’s her way of saying to the world, ‘I’m worthy in spite of my damaged past’. She has internalized that characterization because she heard it repeatedly from her father.”

  “What is your professional opinion of the defendant based on your sessions with Nina?”

  “Defense objects,” Bosch said. “Dr. Issler’s opinion of my client is not relevant to this case since she has never met him.”

  The judge overruled the objection.

  “Based on my evaluation of Nina and my expertise on the subject, Dr. Copeland is what we shrinks call a textbook sociopath.”

  “For those of us unfamiliar with the term, can you please explain what you mean?”

  “Sociopaths by definition are superficially charming, domineering individuals who feel no remorse or shame about what they do to their victims. They don’t recognize the rights of others and they feel everything they do is justifiable. Their feelings of entitlement drive them to do whatever it takes to meet their objectives and nothing stands in their way. They typically surround themselves with people they enlist to help them do their dirty work. In many cases, those accomplices end up being victims, because most sociopaths are covertly hostile.”

  “That’s a pretty grim picture. Could a sociopath be dangerous?”

  “Absolutely. They allow nothing to stand in their way once they’ve identified an opportunity to get what they want.”

  “Dr. Issler, what is your professional analysis of this case?”

  “There is no doubt in my mind that Nina Kasai was molested by her father.”

  The silence was deafening.

  “Your witness,” McCloud said to Bosch.

  “Dr. Issler, is it possible for someone to fabricate a story of sexual molestation?”

  “I suppose anything is possible.”

  “Yes or no?”

  “Yes, it’s possible.”

  “Thank you. No further questions for this witness.”

  CHAPTER THIRTY-TWO

  The prosecution’s case was winding down with only three witnesses left: Jenny Obasanjo, Sean Merriman, and Nina. She had survived relatively in tact so far, but now came the ultimate test. Would she be able to sustain an onslaught from the defense? Her mother organized a prayer meeting with Nina’s pastor to ask God for strength and guidance. Her in-laws had called to wish her luck. Marc was making plans for their post-trial getaway. He would take a month’s vacation and work remotely the rest of the time they were away.

  Jenny was sworn in and took a seat. Nina was surprised the defense didn’t strongly object to her as a witness since she was the ex-wife of one of their key character witnesses. They wouldn’t have acquiesced so easily unless they felt confident they could negate her testimony. The DA approached.

  “How do you know the defendant?”

  “Phillip and my ex-husband have been friends for close to thirty years. We spent time together with the Copelands while we were married.”

  “What was your reaction when you heard the defendant was being charged with sexual assault against his own daughter?”

  “It didn’t surprise me.”

  Nervous murmurs came from the courtroom. There were murmurs coming from the gallery and Dan McCloud looked pleased with the response.

  “Why weren’t you surprised by these stunning allegations?”

  “Because he’s guilty. He defiled that precious little girl and acted like it was no big deal.”

  “You seem very sure of yourself.”

  “I am.”

  “What leads you to believe he’s guilty?”

  “The tape. It was all on the tape.”

  “Could you please tell the court what tape you’re referring to?”

  “Ben, my ex-husband, began recording incoming phone calls to our home.”

  “Why did he do that?” McCloud suppressed a smirk.

  “Our nanny at the time was good friends with Constance Buckwell, who worked for the Copelands. The two of them would trade gossip about what was going on in the homes of their respective employers. Ben is a very private man and didn’t want his household affairs discussed by the help, so he wanted proof before he fired Gloria.”

  “Gloria was your nanny?”

  “Yes.”

  “What did your ex-husband discover on the tape?”

  Jenny got emotional, tears pricking the corner of her eyes.

  “I know this is difficult,” McCloud said, “but you have to tell us exactly what was said on that tape.”

  “Constance told Gloria that Phillip was—”

  Jenny began to hiccup uncontrollably. The DA poured a glass of water from the pitcher at the prosecution’s table and handed it to her. After she gulped down the water, McCloud pressed on.

  “What did Constance tell Gloria?”

  “That Phillip was fucking his own daughter.”

  There was an eerie silence in the courtroom. The only noise was the clock ticking its second hand. Nina looked at her father. He lowered his gaze. When the DA was satisfied the dramatic impact had hit its mark, he continued.

  “How did Dr. Obasanjo react to this devastating revelation?”

  “He was as shocked as I was.”

  “Did you say anything, tell anyone?”

  “No. Ben asked me not to.”

  “Why?”

  “He said if the authorities got wind of the tape, they would remove Nina from the home and put her in foster care until her mother could come get her. He said he would talk to Phillip and tell him to cut it out.”

  “And did he?”

  “I don’t know. Ben never told me whether he did o
r not.”

  “What happened to the tape?”

  “Ben destroyed it.”

  McCloud’s eyes widened dramatically. He made sure the jury could see him. “Did you see him do this?”

  “He told me he did.”

  “So it’s your testimony here today that your ex-husband, Dr. Benjamin Obasanjo, was in possession of a recording that proves beyond the shadow of a doubt that the defendant molested his own daughter?”

  “That is my testimony.”

  They all come tumbling down, Phillip thought. No Constance to get trapped by the prosecution, no tape that could be misconstrued, thanks to Ben. It would come down to his word against Nina’s. He couldn’t wait for Bosch to go at her. So far, he had no reason not to be optimistic. The burden of proof was on the prosecution. All the defense had to do was raise reasonable doubt and there was plenty to go around.

  The defense pounced on Jenny.

  “Did this tape really exist, or is this story a total fabrication by a bitter divorcée who saw an opportunity to get even with her ex?”

  “No,” Jenny said forcefully. “The tape existed. I heard it with my own ears.”

  “So you’re saying your ex-husband destroyed evidence of a crime?”

  “Yes. Phillip knew Ben would never turn him in. That’s why he was comfortable all this time, until now.”

  “What do you do for a living?”

  “I’m a physical therapist.”

  “What did you do before that?”

  The prosecution objected. “I fail to see what Ms. Obasanjo’s career has to do with this trial.”

  “I’m getting to that.”

  “Sometime this decade, Ms. Bosch,” the judge said.

  “I was a receptionist.”

  “And before that, you worked part-time as a security guard while living with your sister, is that right?”

  “Yes,” a mortified Jenny said.

  “Ms. Obasanjo, did you fall on hard times after you and your ex-husband divorced?”

  “I guess you could say that.”

  “In fact, you and your ex-husband had a rather acrimonious divorce in which you were left with nothing, including your children, whom you lost in a bitter custody fight.”

  “Ben can be mean.”

  “You don’t get along with your ex-husband, do you?”

  “Our relationship is strained.”

  “And you would love nothing more than payback?”

  “What I said about the tape is the truth. None of that other stuff matters. He heard it and I heard it.”

  “Yet this mysterious tape seems to have disappeared without a trace, and we only have the word of an angry ex-wife who wants to stick it to her husband as proof that it ever existed. Thank you, Ms. Obasanjo.”

  The people called Sean Merriman, twenty-year veteran of the Boston Police Department and private investigator, to testify.

  “Mr. Merriman, why did Nina Kasai hire you?”

  “She was being blackmailed and she wanted information to protect herself.”

  “What did the blackmailer want?”

  “He wanted her to work on a project for him and threatened to expose their connection to her unsuspecting husband if she didn’t cooperate.”

  “Why was it important for her to keep their connection a secret?”

  “She didn’t go into details. She only acknowledged he had done something really horrific.”

  “Did she reveal to you what their connection was?”

  “No.”

  “What did Nina want you to do?”

  “Find any information she could use to make him back off and leave her alone.”

  “Did she identify the blackmailer?”

  “Yes. She said it was Phillip Copeland.”

  “Were you surprised?”

  “Very much so.”

  “Why?”

  “Because he’s an important man in this town. From my observation, Nina was a little afraid of him. I couldn’t imagine what he did that was so bad, being who he is.”

  “Did you find anything that could have helped your client ‘get him off her back’ as you say?”

  “Yes. I found out that Dr. Copeland had an illegitimate child, a little boy of eight.”

  “What else?”

  “That the boy’s mother was underage when she became pregnant.”

  “Your Honor, I’d like to enter into evidence Exhibit B, the birth certificate of Alexander Phillip Forbes. You will see that the defendant is listed as the child’s father. Exhibit C is the birth certificate of Tracey M. Forbes.”

  The judge accepted the documents into evidence. Merriman was thanked for his testimony.

  The defense had one point to make.

  “In your line of work, have you ever come across someone lying about their age?”

  “Yes.”

  “So isn’t it possible that Ms. Forbes lied about her age when she was with my client, claiming to be older than she was?”

  “I suppose it’s possible.”

  “No further questions.”

  Now it was up to Nina to clinch the verdict. Before she got called to testify, The DA’s paralegal appeared in the courtroom and slipped a note to McCloud. He read it and asked for permission to approach the bench. After talking to the judge for a few seconds, the defense was asked to join the side bar. Bosch was clearly unhappy. The judge announced that new evidence had come to light, evidence the attorneys needed time to examine.

  “What’s going on?” Nina asked McCloud.

  “We just hit the jackpot, thanks to you and a wife who wants to see justice done.”

  “Huh?”

  “We just got word that Geraldine Copeland is in possession of pages from a diary—your diary.”

  “I’m confused. He stole the diary from my house and I don’t think he would have left it lying around. Besides, Geraldine went back to England.”

  “I know that’s what you told me, but apparently there’s more to it. I still want to put you on the stand while we sort this out.”

  The bombshell revelations kept coming. According to the DA, Geraldine, who would be called to testify, snuck into Phillip’s den one evening, after she had discovered him shredding pages from what looked like a diary. Her curiosity was satisfied but not in the way she had hoped. She took the pages he hadn’t yet shredded, scanned them and put the diary back the way she had found it. Phillip was none the wiser.

  Nina would have to provide a sample of her handwriting for comparison and handwriting analysis by an expert. The discovery process for that piece of evidence had to be authenticated. In the meantime, the trial would move forward.

  Phillip was blasting his attorney in an intense conversation at the defense table. “You have to suppress that piece of evidence and make sure my wife never takes the stand.”

  Bosch looked at him gravely. “What’s in that diary, Phillip? I can’t be blindsided a second time. Your wife contacting the DA is a disaster.”

  “Then it’s your job to make sure she doesn’t testify. That’s what I’m paying you for.”

  “I need to know everything that’s in that diary and how you got your hands on it. The answers could jeopardize this case and I need the details to prepare a proper defense.”

  “I told you my daughter is disturbed. I didn’t even read most of the damn thing,” he lied. “The only thing in that diary was the rambling of a girl who clearly needs professional help. That hack Issler who took the stand should lose her license because she couldn’t see through Nina’s lies and confusion.”

  His lawyer didn’t push the issue any further and only promised to the do the best job she possibly could under the circumstances, which Phillip was grateful for. That bitch Geraldine, he thought. How could she betray him like that? Was there a single woman on the planet who was trustworthy?

  CHAPTER THIRTY-THREE

  One week later, Geraldine Copeland took the stand. Nina smiled to herself as McCloud made a show of praising Geraldine for her courage
in coming forward to see justice done at great personal cost. He told her everyone in the courtroom understood how difficult it was for her to testify against her own husband, that she put justice ahead of her personal feelings and she was a hero for doing so.

  “Could you tell the court, in your own words, why you’re here today?” McCloud began.

  Geraldine fidgeted nervously. “I found out something truly ghastly. I couldn’t live with myself if I stayed quiet. Gosh, that would make me a monster. Like my… like Phillip.”

  “And what did you find out that was so… ghastly?”

  “His daughter told me he molested her when she was a little girl. I could barely believe it. It was just too awful to comprehend, that the man I married…” Geraldine couldn’t say it. She turned as red as her hair.

  “I know how difficult this is for you,” McCloud said sympathetically. “When you say his daughter, are you referring to Nina Kasai?”

  “Yes.”

  “Did you believe her?”

  “I didn’t want to at first, but Nina was very certain. She talked about the first time he attacked her with clarity and reference to a series of children’s books he had given her as a birthday present when the first incident took place. I read those same books when I was growing up in England. I knew she wasn’t lying.”

  “For the record, could you tell the court the name of the books?”

  “It was the Famous Five series written by Enid Blyton.”

  McCloud entered a couple of the books as exhibit B and held it up for everyone to see. “Was there something else that convinced you that your husband had committed these horrible acts?”

  “I found her diary. Nina’s diary.”

  “Could you explain how you came to find this diary and what it contained?”

  “It was in Phillip’s study. One evening, I poked my head in to remind him we were supposed to be watching a film. There was paper in the shredder. I asked what he was doing and he said shredding sensitive business information. The diary was next to him.”

  “What happened after that?”

  “I got curious. I waited a few days, and went to the study when I knew he wouldn’t be home for hours. I found the diary in a desk drawer. Most of the pages were already destroyed. I read what was left. It made me violently nauseous.”