Betrayal (16 page)
Authors: Fern Michaels
“Is there another incident you'd like to talk about?”
“Yeah, it's the worst. This happened the last time I was at their house in Asheville. Aunt Kate was in her studio. I don't know where Emily was, probably with the dogs. She cares more about the dogs than me. Mommy said this. I was upstairs sleeping when Uncle Alex came into the room. He made me take off my clothes, then forced me to sit on his lap. Oh and he took his clothes off, too. It was nasty. Then he left. I got dressed and went to sleep. Then Aunt Kate came in my room. Somebody had broken into the house and smashed all of her pots. Mommy said it was Uncle Alex's rage. She said it was sexual frustration.”
Sara's testimony lasted for another hour. Kate was in shock at the sheer audacity of the child. She certainly didn't act as though she'd been traumatized. Kate recognized Sara's behavior. It was the same way she always acted when she told on Emily for something. She'd acted very pleased with herself. She hoped the jurors picked up on this, but they really didn't know Sara, only what they saw and heard.
Next up was James and his cross-examination. Kate prayed that he broke through whatever psychotic shield Sara had erected around herself.
“Let's take a ten-minute recess,” Judge Stowers ordered.
Kate and Alex stayed inside the courtroom while James went for coffee. The media lurked around every corner. James told them to stay put, and they took his advice.
“In a million years, I couldn't make up the sordid lies that child just told. I always knew Debbie had trouble telling the truth, I guess I never realized that Sara is just like her mother.”
“If those perverted acts happened to a child of mine, screw going to court. I'd kill the bastard with my bare hands and delight in doing so. The more Sara runs her mouth, the worse her stories get.” Kate leaned over the railing, and continued, “I almost wanted to laugh. Isn't that terrible? Your freedom and reputation are in jeopardy, and all I can think about is laughing. It's all so unbelievable. I bit the sides of my mouth to keep from cackling out loud. I remember the day my studio was broken into. That's the day the Taylors came for their pup. She has to know this, Alex. Surely she knows I will tell what really happened that day.”
“She's a sick child. I would guess she's a sociopath. She doesn't seem to show any outward signs of real emotion. This is just another day to Sara. She's getting the attention she craves and doesn't give a damn at whose expense.”
“I remember Don talking about her and how she'd been acting. I wonder if he questions her truthfulness?” Kate asked Alex.
“If he did, surely he would've put a stop to this goddamn circus act. No, he believes her, Kate. She's his daughter.”
James entered the courtroom, carrying a cardboard tray of coffee. “Drink fast, we've only got a few more minutes.”
Kate sipped the nasty liquid, wishing all the while for tea.
“My cross won't be near as long as Wykowski's, so we should have the opportunity to question the state's next witness before the end of the day. Sara's medical doctor. I think we'll learn a lot of nothing.” James smiled at Alex and Kate.
Judge Stowers went through her routine. When the lights were lowered, Kate leaned forward in her chair. She didn't want to miss one word of Sara's cross.
“Sara, I am going to ask you a few questions, the same as Mr. Wykowski. I want you to think before you answer. Let's try and leave your mother and her thoughts and actions out of your testimony. Think you can do this?” James coaxed.
“Of course. Do you think I'm stupid, too?”
“Actually, Sara, I think you're a very intelligent young lady, smart beyond your years. Now, let's see if we can get to the bottom of this. Remember, I'm in charge, and I am asking the questions. Is that understood?”
Sara rolled her eyes. “Yeah, whatever.”
James wasn't treating her like a two-year-old.
Good for him,
Kate thought. Maybe her true colors would shine brightly for the members of the jury.
Good for him,
Kate thought. Maybe her true colors would shine brightly for the members of the jury.
“Tell me what you were doing prior to the time Mr. Rocket allegedly came into your room while you were sleeping.”
Sara squirmed a bit as though she had to think of an answer. Her responses had been instantaneous when the ADA questioned her.
“I can't remember.”
“Okay, do you recall the day of the Easter egg hunt?”
“Yeah.”
“Do you remember what you were doing before you joined the group of children outside to hunt for eggs?”
“Why would I remember something that stupid?”
“You tell me, Sara. You seem to recall with great detail the times your uncle allegedly touched you, or exposed himself to you. I would assume that if you remember so vividly these incidents you say took place, you would remember exactly what you were doing before anything supposedly happened. Do you remember what you were doing before the egg hunt?”
“Nope, I don't!”
“Okay, let me ask you this; when you were eight, you said your uncle sat at the edge of your bed and touched you. You told the court that you were frightened, yet you didn't tell your parents at that time, this being before the alleged threat to your father. Can you think why you didn't tell your parents what you thought was happening to you?”
“I didn't just think it, I knew it. If you'd been through what I've been through, you wouldn't remember every last detail either! I am tired of this. I want to go home. I hate you, and I hate Uncle Alex! He has ruined my life!”
The recording went fuzzy. The judge asked the bailiff to turn the lights back on.
Surely there was more. Kate didn't see or hear anything in James's cross that was at all damaging. Maybe Sara's smart comments, but the jury might attribute that to her current mental state.
Please, God, tell me there is something more, something that will save Alex.
Please, God, tell me there is something more, something that will save Alex.
“Is the state ready to call its next witness?” Judge Stowers asked.
That was it!
Kate wanted to reach across the banister, grab James, tell him he couldn't do this to them. He was Alex's only chance. As far as Kate was concerned, he'd blown whatever chance Alex might have had. There wasn't one thing in his cross-examination of Sara that favored Alex. If there was something she'd missed, then she would consider herself dense.
Kate wanted to reach across the banister, grab James, tell him he couldn't do this to them. He was Alex's only chance. As far as Kate was concerned, he'd blown whatever chance Alex might have had. There wasn't one thing in his cross-examination of Sara that favored Alex. If there was something she'd missed, then she would consider herself dense.
“Bailiff, you may allow the spectators back in the courtroom.”
When the press and others not directly involved in the proceedings returned, the ADA announced, “The state calls Dr. Edward Smythe.”
Dr. Smythe practically floated to the witness stand. His welcome smile lit up the dull courtroom. Warm brown eyes, he smiled at the members of the jury. Kate saw a few of them smile back. So much for the evil doctor she'd been prepared to dislike.
Lyle Wykowski wore the same suit he'd worn the day before. His hair appeared clean. There seemed to be something edgy about him today. Kate observed him as he scrolled through a sheaf of neatly stacked files. Gone was the clumsy oaf from the arraignment.
“Dr. Smythe, how long have you been treating the child in question?”
“Two years.” He looked directly at the jurors. He'd done this before.
“Can you give the court an approximate number of times you've seen the child in question.”
The doctor examined his notes. “I believe she's been in the office six times. The last visit was almost two weeks ago.”
“Tell us about these visits,” Wykowski encouraged.
“They were the usual normal childhood visits. Once I treated her for a sinus infection.” He continued to skim his notes. “She received a flu shot. Once her stomach was giving her problems. And the last visit, I examined her vaginally.”
“Why would a child who is not sexually active need an examination of that kind?”
The doctor drew in a deep breath, looked almost apologetic. “The mother requested I do this. She was suspicious. She thought the child might have been sexually abused.”
A hush cloaked the courtroom. Pens and pencils could be heard scribbling across paper. The media was soaking up Dr. Smythe's testimony like a sponge in a lake.
“What did you find during your exam?”
“I found the hymen no longer intact. Some old scarring, possibly where an object was forced inside the vaginal cavity. The area was slightly swollen. The child was very tender during the exam.”
Pencils whizzed across tablets, colored pencils in the hands of professionals hurried to capture the images of the twelve faces in the jury box.
“I have no further questions of this witness, Your Honor.”
“Mr. Conroy, you may cross-examine.”
James hurried to the witness stand. He paced back and forth before questioning the doctor.
“Dr. Smythe, is it possible that the injuries to the child's vaginal area could have been self-inflicted with any number of objects?”
He thought before he gave his answer. “I suppose anything is possible.”
“So you agree when I ask you if the old scarring and the recent trauma to the child might have been self-inflicted?”
“Yes.”
“No further questions.” James sat down while the witness was excused.
Kate's heart flip-flopped. Maybe there was hope after all. James knew what he was doing; she had to trust in him. She smiled at Alex when he turned to look at her. She could feel the eyes of everyone in the courtroom on them. Let them look. They were looking at an innocent man.
“The state wishes to redirect.”
“Dr. Smythe, could the trauma to the child's vaginal area have resulted from forced sexual relations?”
“Yes, it could.”
“No further questions.”
Kate's heart plummeted. She should have expected this. Lyle Wykowski wasn't the half-assed attorney he'd originally appeared. Not by a long shot.
Chapter 18
A
fter four days of testimony, both the defense and the prosecution gave their closing arguments. James hadn't scored any more points with the jury as far as Kate could tell. They spent the morning listening to Judge Stowers instruct the jury. Now the jurors were deliberating.
fter four days of testimony, both the defense and the prosecution gave their closing arguments. James hadn't scored any more points with the jury as far as Kate could tell. They spent the morning listening to Judge Stowers instruct the jury. Now the jurors were deliberating.
James continued to assure them that the twelve people in the box were good, honest, intelligent people. He was sure they saw through Sara's lies. They'd been deliberating for two hours when the judge informed those who waited inside the courtroom that the jurors were taking a lunch break. She suggested they should do the same.
Kate's hands shook each time she brushed a strand of hair behind her ear. She wanted to go back to the house and wait for the verdict, but Alex wanted to stay. He said the sooner this was over, the better. They would both pack and drive back to Asheville first thing in the morning.
“Let's grab a sandwich in the cafeteria,” Kate suggested to Alex.
“You're ready to face the media?”
“I don't care what they say, report, or write anymore. I want to have lunch with my husband, and, by gosh, that's what we're going to do.” Kate picked up her purse and headed toward the exit. She knew Alex would follow her.
Ten minutes later, they both had corned beef on rye, with hot mustard and big, juicy dill pickles. Kate was starving. She hadn't been this hungry in days. She devoured her sandwich and was about to ask Alex for a bite of his when James found them.
“They're back. They've reached a verdict.” Kate looked at Alex. They'd only deliberated a little more than three hours. She wasn't sure if this was good or bad.
Alex stood, rubbed his palms across his thighs to brush the crumbs away. “What are we waiting for?”
“Alex, wait.” She needed a minute to . . . to look at him. She wanted to see every hair on his head, the smile lines surrounding his eyes. She'd never forget Alex. Hell, she was being silly and morbid. She took his hand in hers. Closing her eyes, she looked at the marbled gray linoleum. Alex did the same. After she'd finished her silent prayer, she spoke. “Let's get this over with, Alex, so I can take you home.”
The three walked back to the courtroom without saying a word. There'd be time for that later, when this was over with. Kate would take James to dinner. Hell, she and Alex would spend the rest of the night toasting their success. Yes, they would be fineâKate felt it in her bones.
The courtroom was packed to the limit. Newspaper reporters had handheld recorders. Court TV had three reporters waiting outside and one in the courtroom. The local news network anchors waited patiently with their cameramen ready to roll.
The jury waited for the judge to be seated. After she adjusted her flowing robe, she put on her half-moon reading glasses. After she signed a few papers, she looked out at the throng of people in her courtroom.
“Before we announce the verdict I want to make myself perfectly clear. I will not tolerate comments of any kind. I will not tolerate any hand clapping, floor stomping, or any type of unruly behavior. For those who feel they will not be able to contain themselves once the verdict is read, now is your opportunity to excuse yourselves.”
Judge Stowers paused for a full minute before she went on, “Since all here are in agreement with the rules of my courtroom, then let's proceed. Has the jury reached a verdict?”
The jury foreman stood. “Yes, we have, Your Honor.”
“Please hand it to the bailiff.”
The foreman gave a small slip of paper to the bailiff. The bailiff read the verdict silently, then gave the paper to the judge. After she read it, she gave it to her clerk, whose job it was to read the verdict for the record and for the accused.
“Will the defendant please rise,” Judge Stowers said. “The clerk will now read the verdict.”
“The state of Florida versus Alex John Rocket. Case number 112159. You have been charged with six degrees of sexual battery against a minor. Count one, lewd and lascivious behavior. We find the defendant Alex John Rocket guilty as charged. Count twoâ”
Kate grabbed the rail in front of her for support. They'd found Alex guilty! This was a mistake. She looked at James. He'd lowered his head, afraid to look them in the eye. The clerk continued to read the verdict. Six counts of sexual battery against a minor.
Guilty.
Guilty.
Guilty.
The good, honest intelligent people of Collier County found Alex guilty on all six counts.
The courtroom exploded with noise. Judge Stowers banged her gavel. “Order, please!”
The noise stopped.
“Alex John Rocket, do you have anything you would like to say to the court before I pronounce your sentence?”
Kate saw Alex's hands. They were trembling so, she worried he might faint. She might faint. This was a nightmare. Guilty. On all six counts.
Oh no!
“What?” Kate shouted.
“Order! Ma'am, you'll have to leave my courtroom if I hear another outburst like that! Order!” She banged the gavel hard, three times.
Kate looked to James. He hadn't told them sentencing would be pronounced at the time of the verdict! The son of a bitch! He knew all along and hadn't told them. Kate had never felt such rage in her life. She wanted to kill James, she wanted to kill the goddamn judge, but more than anything, she wanted to suck the life from Sara Winter. She wanted to watch the little bitch beg and plead for her life!
Alex was guilty! No! Sobs racked her body. James turned around and motioned for her to be quiet.
“Drop dead, you inept SOB! You lied to us! I'll see you disbarred if it's the last thing I do!”
“Bailiff, remove this woman from my courtroom immediately!”
“Your Honor, please. This is my client's wife. She is understandably upset. I beg of the court, please let her remain. There won't be another outburst from her.”
“Mrs. Rocket, can you remain silent?”
Kate nodded. She'd agree to whatever they asked as long as she could remain at Alex's side. She wasn't the least bit sorry for her outburst. She could not wait to get James Conroy out of the courthouse. He'd be sorry he ever laid eyes on her. She'd tell Gertie's brother what a loser he was. She'd make it her life's goal to ruin him.
When the courtroom settled down, Judge Stowers spoke. “Mr. Rocket, once again”âshe looked directly at Kateâ“is there anything you would like to say before your sentence is pronounced?”
Kate's heart broke into a million little pieces as she watched her husband stand before the court to accept a punishment for a crime he wouldn't commit if his life depended on it. Kate had always believed in goodness, righteousness, and honesty. Right then and there, everything she'd spent her entire life believing and supporting was revealed as nothing but a lie. All lies. She would never trust again. Never.
“I am not guilty of the crimes I am charged with.” Alex turned away from the judge, searching for the Winter family. He saw Debbie and Don seated in the back of the courtroom with big smiles plastered across their faces. “Don, we were friends most of our lives. You know me, or I thought you did. The things your daughter accused me of are atrocious, perverted, and vile. I can only pray that she is able to live with herself as she ages and realizes how her lies have hurt me and my family.” He turned around to face the judge. “That's all, Your Honor.”
“Mr. Rocket, the crimes you've been found guilty of are horrendous. The state of Florida allows for a set of guidelines to be followed when sentencing. It's at my discretion to sentence you to the maximum or the minimum required by the state. I know you have no criminal history, you've never even received a traffic violation. You're an upstanding citizen in the community where you live. I've read affidavits of more than one hundred people. None of them were negative in any way. However, I must also take the child into consideration. These crimes you've committed upon her will follow her for the rest of her life. She will never again live as a carefree young girl because of you. When you chose to commit these horrendous acts upon this child, not only did you throw your future away, you threw that child's future away as surely as if you took her last breath from her. I have no sympathy for men like you, Mr. Rocket, therefore I feel I must impose the maximum sentence on you. Six felony counts of sexual battery against a minor, for this offense I sentence you to the maximum time of twenty years for each crime. Each sentence will run consecutively. For the record, Alex John Rocket has received one hundred twenty years, the maximum allowed by the state of Florida. There will be no possibility of parole for twenty years.” Judge Stowers banged her gavel one last time before sweeping out of the courtroom.
Two sheriff's deputies surrounded Alex. James stepped aside to allow them access. They pulled Alex's hands behind his back and handcuffed him. This was far worse than the two deputies who had come to Asheville to take him to Florida. Then Kate had had hope; now she had nothing.
“It'll be okay, Kate. James, tell her it's going to be okay. I'll call you.” Those were Alex's last words as he was taken away to jail. The reporters' cameras clicked like tap shoes as Alex was carted away. This vision of Alex would burn into her brain forever. Till her death, she would retain this image of her husband's last days as a free man.
Now she didn't know what to do. She had nowhere to go, no one to lean on. Just herself. She fled the courtroom, not wanting to give that sorry excuse for an attorney an opportunity to fill her head with more lies. She'd hire another attorney. She'd get Roy Black. He was in Florida. A few year's back he'd defended William Kennedy Smith on rape charges, and his client was found innocent. Yes, that's what she would do. Tomorrow. She would do whatever she had to in order to get Alex out of jail.
Outside Kate realized she didn't have her rental car, since they'd ridden to court with James.
She scanned the area in search of a pay phone. They always had taxi numbers scratched in the glass. She walked a block before she spied a phone booth. Since cell phones were becoming all the rage, phone booths were few and far between.
She dialed the number etched into the glass. Ten minutes later she was inside a Lincoln Town Car with the air conditioner set to blizzard. “Where to?”
Kate recited the address, then leaned against the cool leather seat. Now that she was out of sight of the media, she let the tears she'd reined in flow freely.
“You okay, lady?” the driver asked.
She wiped her tears with the back of her hand. “Yes, just a bad day, thanks.”
“I have 'em all the time. Those snowbirds. When they arrive the traffic goes from bad to worse. I wish they'd stay up north, I tell ya.”
Before Kate replied, they were turning onto Hibiscus Lane.
Thank God.
Thank God.
She took a twenty-dollar bill out of her wallet. “Thank you. Keep the change.”
“Anytime.”
Kate plopped down on the leather sofa in the great room. She knew she was in a state bordering on shock. One hundred and twenty years. It was barbaric. She would get in touch with Roy Black first thing in the morning. For now, she had to call the jail and find out when she could see Alex. She would be brave for him. Once they had a new attorney, Alex would come home where he belonged.
She found the telephone book in a drawer beside the kitchen sink. She dialed the number. It rang twenty-three times before someone answered. She wondered what the hell she'd do if this were an emergency.
“Collier County Sheriff's Department, how may I direct your call?” the automated-sounding voice asked.
“What are the visiting hours at the jail?”
“Inmate's name?”
God, Alex was an inmate now in every sense of the word.
“Alex Rocket.”
“Oh, yeah, the kiddie molester. Hang on.”
Kate wanted to strangle the girl with the telephone cord.
“He ain't allowed any visitors.”
“What? That can't be right.”
“Says he's to be processed.”
“What does that mean?”
“Didn't your lawyer explain the routine?”
Here we go again
. “No, he did not. Why don't you give it a shot?”
. “No, he did not. Why don't you give it a shot?”
“Sure. But you can't hold it against me if I ain't exactly on the money.”
“Of course not,” Kate said flatly.
“First they'll send him to a reception center. I would guess he'd go to Central Florida Reception Center in Orlando. Once they get an opening at his designated place of imprisonment, then he'll be allowed visitors. Usually takes a few months to go through the process.”
“Is this customary?” Kate asked, knowing she'd be lucky to get an intelligent answer.
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