Return to Innocence

by G. M. Frazier

  “Frightened and confused.”

  “What did Tommy tell you that Dr. Erskine had done to him, Ms. Drake?”

  Jim is up. “Objection. Hearsay.”

  “Sustained,” the judge says.

  I look over and smile at Jim as he sits.

  “Don’t worry,” Jim whispers, “he’s about to get around my objection.”

  “Ms. Drake,” Moultrie says, “when you’re interviewing a child who may have been abused, do you take any steps to ensure that your questions are neutral and not suggestive?

  “Absolutely. The only thing we do is try and make the child comfortable in telling the truth.”

  “And did you do that with Tommy that morning?”

  “We did.”

  “Tommy has just testified that Dr. Erskine had oral and anal sex with him in his room at New Horizons, that he came to his school the previous day, took him out of class, took him to the boys’ restroom and engaged him in mutual oral sex. And Sunday night, while Tommy was staying at his home, he testified that Dr. Erskine came to his bedroom, kissed him, fondled him, had mutual oral sex with him and then performed anal intercourse on him. Is that the same thing he told you when you interviewed him?”

  “Yes, it is.”

  “Ms. Drake, in your expert opinion, was Tommy telling the truth?”

  “Without a doubt,” Lucille responds flatly.

  “Thank you, Ms. Drake. Your witness,” he says to Jim.

  Jim is up. “Ms. Drake, at what point did you stop doubting Tommy’s story?”

  “I never doubted Tommy’s story.”

  “Oh, really? You were convinced right from the start that the boy was being absolutely honest?”

  “Yes.”

  “So you were convinced he was being absolutely honest when he told you that nothing had happened? That is what he told you first, correct?”

  Lucille catches herself looking at the jury. “Like I said, Mr. Aiken, it is quite common for abuse victims to deny that anything happened when first confronted with the abuse.”

  “So you did doubt his story when he told you that nothing happened, or else you would not have kept asking him until he said something did happen?”

  “Objection,” Moultrie says.

  “Dial it back a little, Mr. Aiken,” the judge warns.

  “Sorry, Your Honor. Ms. Drake, when Tommy initially said nothing happened between him and Dr. Erskine, did you doubt he was being truthful or not?

  “In a sense, I guess I did.”

  “And then, after you questioned Tommy further, and he finally admitted that something had happened, that’s when you didn’t doubt his story?”

  “Mr. Aiken, I know how you’re trying to make this seem and it’s not that way. The boy was frightened and confused. I believe he was telling the truth.”

  “So let me get this straight: when Tommy said Dr. Erskine hadn’t done anything—”

  “You have to remember, Mr. Aiken, that the boy told a staff member at New Horizons that Glen had molested him. That’s the reason I was called that morning.”

  “I understand, Ms. Drake. But isn’t it true that when you questioned the boy he more or less recanted and said nothing happened?”

  Lucille shifts in her seat. Jim has got her in a corner, and she knows it. “He denied Glen had done anything to him at first, yes, that’s true. But—”

  “Thank you, Ms. Drake. Who was with you during the initial as well as the subsequent interview of Tommy?”

  “Elizabeth Carbon, Tommy’s DSS case worker.”

  “Do you recall a discussion you and she had before Tommy gave his final interview at Children and Youth Services?”

  “Yes.”

  “Do you recall that you expressed some doubt as to the truthfulness of what Tommy was alleging?”

  Lucille shifts in the chair again, uncrosses and then crosses her legs. She smoothes her skirt, but doesn’t answer.

  “Ms. Drake, I intend to call Beth Carbon as a defense witness and she is prepared to testify that you told her you doubted the credibility of Tommy’s story. Now, I’ll ask you again: Did you tell her that?”

  “Yes.”

  “In that conversation, what did you tell Ms. Carbon was the basis for your initial doubts?”

  Lucille’s face turns red, but she offers no answer.

  “Ms. Drake? Do you want me to repeat the question?”

  “No. I merely pointed out to Ms. Carbon that it wasn’t until after Tommy asked if this was going to get Glen in trouble that his story unfolded.”

  “He specifically asked you if his accusation would get my client in trouble?”

  “Yes.”

  “And what did you tell him when he asked that?”

  “I believe we told him that Glen could be in a lot of trouble, but he didn’t need to worry about that.”

  “And it was only after Tommy was told that Glen could be in a lot of trouble that he started telling you the specifics of what he alleged happened between him and Dr. Erskine?”

  “Yes.”

  “And that’s why you were concerned, right?”

  “Yes.”

  It appears that the jury is a little put out with Lucille at this point. Jim looks as if he wants to ask something else, thinks better of it, and walks back to our table. “Nothing further, Your Honor.”

  Moultrie is up. “Re-direct, Your Honor?”

  “Of course, Mr. Moultrie,” the judge says, as if she expected this.

  Moultrie remains standing at the prosecution table. “Ms. Drake, despite whatever initial doubts you may or may not have had, do you have any doubts now about the boy’s story?”

  “None.”

  “Thank you. No more questions, Your Honor.”

  “Thank you for your testimony, Ms. Drake. You may step down,” the judge tells Lucille. She looks at her watch, and then at the lawyers. “Gentlemen, we’ve been going now since nine o’clock this morning. I think this would be a good time to call it a day. We will reconvene tomorrow at nine sharp.”

  The press assaults us as we leave the Charleston County Courthouse. The questions are flying and cameras are flashing.

  “Are you a pedophile, Dr. Erskine?”

  Jim pushes a reporter out of the way as we descend the steps.

  “How many other boys were you involved with at the group home?”

  “Mrs. Erskine, did you know your husband liked to have sex with boys?”

  We are at the sidewalk now and the reporters are right with us.

  Jim waves the reporters out of our way. “No comment,” he says as we push through them.

  As we start to walk away, there is a commotion on the steps of the courthouse. Moultrie has come out and the reporters who were pursuing us are now interested in another’s opinion. We are left to ourselves on the sidewalk. But I notice someone standing alone, apart from the crowd, staring at me from the courthouse steps. His grey suit is immaculate, and he is very handsome, with his auburn hair, thick and wavy, being tossed in the breeze. He looks familiar. His green eyes are piercing. I turn to catch up with Jim and Suzanne and then look back. But the handsome young man is gone.

  As we get in Jim’s car, I suddenly realize I am famished. I didn’t eat anything at the lunch break and the coffee and toast I had for breakfast is long gone.

  “Let’s go get something to eat,” I say.

  “You want to eat now?” Suzanne says, looking at her watch. “It’s just five o’clock.”

  “Yeah, I didn’t eat any lunch, remember?”

  We drove to the Backstreet. Jim thought we would be less likely to draw a crowd of spectators or reporters there. We asked for a secluded table and the hostess seated us in a corner booth in the back of the non-smoking section. The waiter has just taken our orders.

  Someone I don’t even know walks by our table and points up to the bar. “They’re talking about you on the TV,” she says.

  I look over to the bar where the television is going. “Let’s go hear what they
are saying, Jim.” We get up and go sit at the bar.

  It’s a live remote from in front of the courthouse, split screen, with the news anchor asking the reporter on the scene questions. It all appears impromptu, but I know someone in the control room is scripting this. The questions are planned and, to a certain extent, so are the answers.

  “Could you turn that up a little?” Jim asks the bartender. The man walks over and turns up the volume. The anchor is speaking:

  “...and the defense was dealt a major blow when the judge denied a motion to exclude some potentially damaging evidence, reported to be child pornography, that was found in Erskine’s home. Judy, what can you tell us about this morning’s testimony?”

  Full screen of the reporter on the scene: “Well, it would appear that with the testimony of the first witness, the victim himself, the sure conviction that Solicitor Nathan Moultrie has been promising will be delivered. The thirteen-year-old boy told in graphic detail how Erskine repeatedly molested him on three different occasions. Surprisingly, Erskine’s attorney did not even cross-examine the boy. The roommate who was an actual witness to the alleged incident in the boys’ bedroom is scheduled to testify next. This is Judy Howell, reporting live for the News at Five from the Charleston County Courthouse. Now back to you.”

  Chapter 15

  Back Rubs

  “You are no longer a resident of New Horizons, is that correct?” Moultrie asks. It’s day two of my trial, and the solicitor is questioning Curtis Sloan, Tommy’s roommate at New Horizons.

  “No, sir. I was adopted back in December.”

  “How old are you, Curtis?”

  “I just turned sixteen. Today’s my birthday,” he says with a smile.

  “Well, happy birthday,” Moultrie says and offers his hand to the boy. Curtis hesitates and then shakes it.

  I don’t know about the jury, but it is obvious to me that Moultrie is trying to ingratiate himself to Curtis. Or perhaps the jury. Everyone, maybe? Is he trying to match Jim’s courtroom demeanor? If so, it isn’t working.

  “Curtis, tell us about the night of October 30th of last year. You had a roommate at New Horizons, didn’t you?”

  I lean over and whisper to Jim: “Aren’t these what you call leading questions? He did the same thing with Tommy.”

  “Yes, the rules are a little lax when you question children,” Jim whispers back.

  “Yes, Tommy was my roommate,” Curtis says.

  “On the night of October 30th, what time did you and Tommy go to bed?”

  “Lights out is at ten, but we usually talk for a while after that.”

  “After lights out, did you and Tommy talk that night?”

  “Not much. Tommy went to sleep right after lights out.”

  “Did you go to sleep after lights out?”

  “No, sir.”

  “Did someone come to your room after lights out?”

  “Yes, sir...Glen.”

  “Glen?” Moultrie walks over in front of us and points to me. “You mean this man, Glen Erskine?”

  “Yes, sir.”

  “Let the record show, Your Honor, that the witness—”

  Jim stands. “Your Honor, we are more than willing to stipulate that Dr. Erskine was in the boys’ room that night.”

  “Yes, thank you, Mr. Aiken. Move on, Mr. Moultrie,” the judge says.

  “Did you or Tommy let Dr. Erskine in the room?”

  “No, sir. He knocked and then opened the door.”

  “He came in uninvited?”

  “We didn’t ask him to come in, if that’s what you mean,” Curt says.

  “Alright, Curtis, just tell us what happened after Dr. Erskine came in the room.”

  “He called Tommy’s name a couple times until Tommy woke up. He went over and sat on the bed with Tommy. I could hear them talking...whispering. I heard Glen say something about Chris Manning...I guess that’s when he told him about Chris’ accident because Tommy started crying. Glen hugged him. I heard Glen say something about Chris not telling anybody, and that he wasn’t going to tell—”

  “You mean Dr. Erskine said he wasn’t going to tell?”

  “Yes, sir.”

  “And did Dr. Erskine say anything else?”

  “Yes, sir. He said...that it was just their secret now. Then they hugged again.”

  “And there was enough light in the room for you to see them hug?”

  “Yes, sir.”

  “What happened next?”

  “Tommy laid back in the bed and Glen leaned down over him. And I heard Tommy say...” Curt looks down at his lap. He is playing with his hands, clearly uncomfortable. I look over at the jury. They are hanging on his every word. Tommy is looking down at his lap.

  “What did Tommy say, Curtis?”

  “He said, ‘Keep doin’ that, it feels good.’ Or something like that.”

  There is some stirring in the courtroom. Two of the jurors look at me. There is pure contempt in their eyes.

  “And did he keep doing it?” Moultrie asks.

  “I guess. He stayed leaning over Tommy for a long time...and then I fell asleep.”

  “And you are sure you heard the defendant, Dr. Erskine, say that he and Tommy had a secret?”

  “Yes, sir.”

  “Did you hear him say what it was?”

  “No, sir.”

  “And later, when Tommy woke up crying, you told one of the counselors on duty that you thought Dr. Erskine had done something to Tommy, correct?”

  “Yes, sir.”

  “Thank you, Curtis. Nothing further, Your Honor.”

  “You may cross, Mr. Aiken,” the judge says.

  Jim rises. “Hi, Curt,” he says with that winning smile of his.

  “Hi,” Curt replies and smiles back.

  “I only have a few questions. Nothing complicated, okay?”

  “Okay.”

  “You told Mr. Moultrie that there was enough light in the room for you to see Glen and Tommy on the bed, right?”

  “Yes, sir.”

  “Where was the light coming from?”

  “The hall.”

  “What hall?”

  “The hall, outside...you know.”

  “You mean the hallway outside your room?”

  “Yes, sir. They leave the lights on in the hall.”

  “I see. And how was the light from the hallway able to get into your room?”

  Curt looks at Jim as if he is the biggest dummy. “Because the door was open,” he answers.

  Jim turns and walks slowly toward the jury. It’s amazing to watch these twelve people vacillate, warming to Moultrie’s tactics and then having to settle into Jim’s. It’s obvious Jim has hit pay dirt with them again. He asks Curt the next question while still looking at the jury.

  “So, Glen left the door open after he came in?”

  “Yes, sir.”

  “He didn’t even close it just a little?” Jim asks, still looking at the jury.

  “No, sir, it was open all the way.”

  Jim turns and steps back to our table. “Before Glen came in, before lights out, did anyone else come in your room?”

  “Karen came by to say goodnight.”

  “Karen was one of the counselors on duty that night?”

  “Yes, sir.”

  “What about after Glen left? Did anyone else come in the room that night?”

  “No, I don’t think so. I went to sleep right after Glen left.”

  “Let’s talk about what you saw when Glen was on the bed with Tommy. You could actually see Glen and Tommy hug, couldn’t you?”

  “They hugged, yes, sir. I could see it.”

  “Did you see anything else?”

  “What do you mean?” Curt asks.

  “The next morning, after Tommy told one of the staff members that Glen had done something to him, she came and asked you if you saw or heard anything, didn’t she?”

  “Yes, sir.”

  “And you told her that you thought Glen might
have done something to Tommy, something of a sexual nature, correct?”

  “Yes, sir. But I don’t think I said it like that.”

  “So why did you think that Glen had done something sexual with Tommy? Was it because of what Tommy said to Glen, about ‘keep doing that, it feels good?’”

  “I guess so. Karen told me that Tommy had said Glen touched him. She asked me if I saw anything happen and I told her what I saw. I wasn’t trying to get Glen in trouble.” The boy looks at me and I see remorse in his eyes.

  “I know you weren’t, Curt,” Jim says. “And Glen knows that, too. But you couldn’t actually see what it was Glen was doing that Tommy said felt good, could you?”

  “No, sir.”

  “What you did see was a hug. Anything else? Didn’t Glen give Tommy a back rub?”

  Curt doesn’t answer. He looks at me and then back to Jim.

  “Curt, did Tommy get his back rubbed by Glen that night?” Jim asks again.

  “You mean a real back rub...?” Curt lets his question trail off.

  The confusion in the faces of the jurors is evident.

  Jim has stepped into something I didn’t warn him about. I stand. “Your Honor, may I speak with my attorney for a moment?”

  The judge looks to Jim. “Would you like a recess to confer with your client, Mr. Aiken?”

  “No, Your Honor, I don’t think that will be necessary. With the court’s permission?” Jim nods toward me and the judge motions in my direction. “What are you doing, Glen?” Jim whispers as he walks up to the defense table.

  “You are getting into something here you don’t know about,” I tell him. “Don’t ask Curt anything about back rubs.”

  “Glen, I know what I’m doing. Now sit down, let me do my job, and don’t interrupt me again.” Jim turns and walks back to the witness stand.

  I sit.

  “Now, Curt, you said you heard Tommy say something about ‘keep doing it, that feels good.’ If you couldn’t really see what Glen was doing, maybe he was just rubbing Tommy’s back.”

  Moultrie stands. “Your Honor, where is counsel going with this?”

  Curt looks at me, and I understand the confusion on his face, but I’m sure no one else in the courtroom does.

  “Mr. Aiken?” the judge says, giving him a puzzled look.

  “Just a little leeway, Your Honor?”

  “Go ahead, but get on with it. Mr. Moultrie,” she looks at the solicitor, “if that was an objection it’s overruled for now.”