Victim of the Defense

by Marianne Woolbert-Maxwell

  Megan lowered her eyes and paused, then looked at the jurors again. “Jack Temple risked his safety to come to this courtroom and testify against Craig Tarkington, his childhood friend.” She reminded the jury of what Jack Temple had said about the Tarkington assaulting other women and emphasized that Temple wasn’t promised any breaks in his criminal case for testifying in Lucy’s matter—that the only reason he came forward was that he knew Craig Tarkington had to be stopped.

  At the end of her closing argument she sat down, feeling good about what she’d said and fairly confident about their chances of getting a guilty verdict.

  Mattingly, in typical defense lawyer mode had spent his time during closing argument emphasizing that the People had the complete burden of proof to convince the jury that Craig Tarkington was guilty of the charges beyond a reasonable doubt and reminding the jury of what a high standard of proof that was.

  “The People cannot present any objective evidence that a rape occurred that night,” Mattingly told the jury. “There is no evidence backed by science to prove that these allegations are correct. Nothing.” He opened his arms and shrugged.

  He went on to say that the only thing the People had to rely on was the testimony of Lucy Hatfield—a liar. Mattingly hammered the issue of the importance of credibility in a witness. He acknowledged that Lucy admitted she lied and took responsibility.

  “But it took the defense impeaching her testimony to get her to acknowledge the truth. She had no intention of telling anyone what really happened with her law school exam until she was pushed against the wall with nowhere else to go. Lucy Hatfield’s credibility is the foundation of the People’s case. Her testimony can destroy my client’s life. You, as the jury, have to decide whether this time she is telling the truth or she’s lying again.”

  Megan could still feel how Mattingly’s words hung in the air. Just thinking about what he’d said made her nauseous now. It was true, whether the People won all boiled down to whether the jury believed Lucy.

  Her phone rang now, jolting her back to the moment. “Hello.”

  Eric and Lucy stared at her as she sat listening and said nothing for a few moments. Then she thanked the caller and hung up.

  She looked at Eric and Lucy. “The jury has reached a verdict.” Megan glanced at the clock. The jury had been out four hours.

  There wasn’t a single empty seat in the courtroom. The reporters who hadn’t arrived early enough to get a seat were standing against the walls lining the galley. This was the moment everyone had been waiting for. The courtroom was electric with anticipation.

  “All rise,” the bailiff said.

  A wave of motion could be felt as everyone in the courtroom stood. Chairs squeaked and benches creaked. Megan watched the jurors file into the jury box and take their seats. They made no eye contact with her or Mattingly .

  “I understand that the jury has rendered a verdict,” Judge Crawford said. “Is that correct, Mr. Foreman?”

  Megan watched as juror number nine stood and looked at Judge Crawford. Megan had suspected from the start that this man would be elected foreman. He was tall and had a commanding presence. During jury selection she had gotten the distinct impression from his answers and demeanor that he was a leader.

  “Yes, Your Honor, “the jury foreman said now. He gave the jury ballot to the bailiff who passed it to the judge.

  “The audience and the prosecution may be seated. Mr. Tarkington and Mr. Mattingly please remain standing, “the judge said.

  Megan looked around. There were eight security guards strategically placed at different points around the courtroom.

  “Order shall be maintained as the court reads the verdict,” Judge Crawford said, peering over the top of his glasses at the crowd. Carefully, the judge opened the sealed envelope and took out a piece of paper. He unfolded it and read its contents.

  Megan cut a glance at Tarkington. He looked white as a sheet. Mattingly was standing with his hands folded in front of him.

  Judge Crawford, still holding the jury ballot, turned and looked at Craig Tarkington. “The jury finds the defendant Craig Tarkington guilty of the rape of Lucy Hatfield.”

  A cacophony of voices broke out in the courtroom. Some people were cheering; others were angry and yelling.

  Judge Crawford slammed the gavel down. “Order!”

  Megan watched as the guards rushed up to the people who were yelling and tried to quiet them. One lady continued to cheer despite the guards’ attempt to settle her down and was ushered out of the courtroom.

  Judge Crawford banged the gavel several more times. “Guards, remove anyone else who continues to disrupt this court!” he growled.

  Megan looked at Tarkington. He had his head down and his hands on the table, almost as if he was bracing himself. Mattingly was resting one hand on his back, saying something into his ear. Tarkington shook his head in response.

  Megan looked for Lucy in the galley. She was seated next to Carol McGuire, the victim’s advocate. Tears were streaming down her face. She looked at Megan and mouthed, “Thank you.”

  Once order was restored Judge Crawford continued. “Mr. Tarkington, you are hereby remanded to the county jail pending your sentencing hearing which is now set for November 10.”

  “Your Honor!” Mattingly said. “My client is no flight risk and there is no need for him to be remanded to the jail pending sentencing.”

  Judge Crawford turned to Mattingly. “Your client has great assets that he could use if he chose to flee the jurisdiction. This is the court’s policy. Court adjourned.” Before Judge Crawford was even off the bench a crush of reporters began running out of the courtroom, reporting the verdict on their cell phones.

  EPILOGUE

  It was a beautiful summer day with not a cloud in the sky. Megan stood on the sidewalk feeling the warm breeze wash over her.

  She studied the front of the house. With the help of a realtor and a good contractor, the old Victorian house had been renovated into a beautiful office building. In April, six months after the Tarkington trial was over, she had begun looking for office space. She had spent ten years working in an office in a brand-new building with a spectacular view of the D.C. skyline, and now she wanted something different— something real.

  After a few weeks of searching, the realtor had shown her this house on the outskirts of D.C. The area was part of an old neighborhood with historic homes that dated back to the early 1900s. She had always loved the look of older houses with their large porches and beautiful woodwork. When she saw this house she fell in love. And with twelve spacious rooms, it would work perfectly as a law office.

  She smiled as she looked at the names etched on the big front window. O’Reilly and Hatfield Attorneys at Law. She unlocked the front door and walked into the large lobby, with its high ceiling and beautiful woodwork. Today it was decorated with five large vases holding freshly cut flowers. The vases were strategically place around the room. A drink table bearing an assortment of sparkling water, soft drinks, and wine stood against one wall and next to that was a table with an array of appetizers. In a little while the office would be filled with people celebrating the opening of the new firm.

  Megan made her way back to her own office, sat down behind the desk, and thought back over the past year. It had been a long haul since she and two other senior lawyers, Kate Williams and Christie Charles, and two experienced paralegals, Lisa Remy and Jill Sandefur, had been let go from their jobs at Tarkington, Wagner, Krieg and DeVoe.

  Once the jury returned a guilty verdict against Tarkington, the media went wild and had a field day. The Tarkington name was bantered about from newspaper to scandal sheet. Megan felt confident that the Tarkington family had never known such embarrassment. They had always prided themselves on the reputation they’d built, both in society and in the high echelons of the law. The rape conviction had taken a wrecking ball to everything they had worked to achieve. Megan didn’t know what they were doing to try to recover but she was
sure they were doing some type of damage control that probably included Supreme Justice Tarkington.

  The court had given Tarkington ten years in prison, five years over the minimum sentence. The sentencing hearing had been a media circus, with reporters from all over the country employing all types of tactics in an effort to get the best seats in the galley. Extra security had been hired and placed inside and outside the courtroom. After the sentence was handed down and the court was adjourned the media scrambled to take photos of Tarkington being led away in chains and shackles. Megan couldn’t get out of her mind how haggard he looked. Without his expensive suits and perfect haircuts he looked like any other criminal defendant.

  After he had been taken out of the courtroom, Lucy, who was sitting in the galley, had run up to Megan and hugged her. Megan was thrilled for the victory, not just for Lucy but for every other woman out there who had been sexually assaulted by a man.

  The lawsuit Megan and the other women had filed against the firm for age discrimination was set for trial four months after Tarkington’s criminal trial ended. Not long after Tarkington’s conviction and sentencing and in the heat of the media frenzy, Megan had received a call from Justice Tarkington. He’d wanted to set up a meeting with her and the Tarkington family attorney to discuss the pending discrimination lawsuit. Megan wasn’t totally surprised when he called. Justice Tarkington was a shrewd man and a politician to the bone. He knew the importance of damage control. The Tarkington family couldn’t take much more bad publicity.

  Megan, Christie, Kate, Lisa, and Jill met with Justice Tarkington along with the firm’s attorney and managing partner. After several hours, an agreement was reached that all the women would receive back pay from the date they had been let go. They would also receive the pay they would have earned until the age they would have been eligible to retire—including all bonuses and full retirement. This offer was all subject to the women entering a confidentiality agreement not to disclose anything—including that they had been offered a settlement or accepted one. The court records would be sealed from the public so no one would ever know what had happened. The settlement agreement was signed by all the women and made part of the court record.

  Megan leaned back in the chair and sat listening to the silence. She thought about the moment she’d met Lucy in the coffee shop and about how much admiration she had for her. Lucy had been attacked by Craig Tarkington, a man from a powerful and politically connected family, and had shown the strength to come forward and ask the law to make him accountable—something she, Megan, had not had the courage to do herself years ago. Lucy had stood tall and faced the media scrutiny and the character assassination by Brockton Mattingly, Tarkington’s attorney. Lucy had made a mistake in not telling the truth to the jury about why she hadn’t taken the bar exam sooner and had almost paid a huge price for it, but fortunately the jury accepted her apology and believed that she was telling the truth about Tarkington.

  Lucy’s life had turned around even more now that Lauren was medically stable. Thanks to the wonderful doctors at Children’s National, Lauren was living a life like any other four-and-a-half-year-old girl.

  Lucy had taken the bar exam last July and passed with flying colors. Soon after that Megan had made a decision. She asked Lucy out for lunch and invited her to join her, Kate Williams and Christie Charles in a new law practice Megan was forming. Lucy had been so happy she had tears in her eyes and accepted without a moments hesitation.

  Tarkington was serving his sentence at a prison in upstate New York. The facility housed all level of prisoners, from those with first-time offenses to seasoned career criminals. Megan had heard that he had been segregated from the general prison population due to threats by other inmates.

  Right after the verdict came in, Mattingly had been on TV announcing that he would immediately be filing an appeal for his client. Megan had watched one of his interviews. He was full of righteous indignation, but she knew he was mostly putting on a show for the media.

  Megan looked at her phone. It was a quarter to twelve. She heard the front door open and people start to come in. The quiet office began filling up with the sound of talk and laughter. She walked out to the lobby.

  “There she is!” Lucy said. She was standing at the food table setting down a fruit bowl. She smiled happily at Megan.

  Megan smiled back and began walking around the room greeting the guests. It seemed like there was an endless flow of people streaming in through the front door. Since all the publicity around the Tarkington conviction, she had become a champion of women’s causes. From the looks of the people in the lobby, she had garnered the attention of all the major players in the women’s organizations in D.C.

  “Megan!” someone called. She turned around and saw Eric threading his way through the crowd. Eric had just come back from vacation in the Caribbean and had a great suntan. He looked better and more rested than she had seen him in years. At the sight of him her heart beat a little faster. She had driven him to the airport for his flight to Barbados, and as they were standing at the curb beside his suitcase, there was a moment when they looked at each other silently and she’d thought that he was going to kiss her. Then the moment passed. As she watched him disappear through the sliding glass doors into the airport, she wasn’t sure, but she thought she might be feeling disappointed he hadn’t kissed her.

  He came up to her and hugged her. “What a turn-out,” he said.

  “Isn’t it wonderful?” She looked across the room and saw Lucy serving guests drinks and appetizers. Lauren was by her side helping. Megan couldn’t believe how much Lauren had grown. She was no longer a little girl confined to a hospital bed. She was a happy playful child with a presence that lit up the room.

  “It’s about time,” Eric said looking at the antique grandfather clock in the corner of the room. Megan had gotten the clock a couple of months ago at an auction in New York. It had cost a small fortune but she didn’t care—she had always loved grandfather clocks.

  She walked to the center of the lobby and motioned for Lucy, Christie, Lisa, Kate, and Jill to join her.

  “If I may have everyone’s attention,” Megan said, raising her voice over the laughter and conversation. She waited for the noise to subside. “I would like to thank everyone for coming here today to help us celebrate a very special occasion.”

  A ripple of applause flowed through the room.

  “What is the saying? Enjoy the journey? Well, it has been quite a journey. If you had told me four years ago that I would have been trying a high profile criminal case and after that opening my own law firm, I would have laughed. I had no intention of doing either one—that is, until I met a woman named Lucy Hatfield.” Megan paused and looked at Lucy, then looked toward the back of the room and saw news reporters with their cameras perched on their shoulders filming her as she spoke.

  “Today we are here to celebrate the opening of a new law office. A law office dedicated to serving the needs and protecting the rights of women. O’Reilly and Hatfield’s sole focus is providing high quality representation for women from all walks of life—and in all areas of the law. Megan looked at Lucy. “It has been an honor to serve as the prosecutor in your case and to join with you as a partner in this law firm.”

  Lucy walked forward smiling, her face radiating happiness and hugged Megan. After several moments Megan pulled back, looked at Lucy and grinned. The air was electric with emotion.