| A Matter of Trust |
| Tuesday morning found them back at the courthouse. Today, Blaise himself would testify. Jack wasn�t entirely sure he wanted to hear his attacker�s version of what happened, but some part of him needed to be there. And Lennie wasn�t going to let him face it alone. They sat together in the gallery as usual, ignoring the curious stares. David Blaise was sworn in. Hearing him promise to tell the truth nearly made Jack ill. As a prosecutor, he knew that defendants routinely lied on the stand, but somehow this time it seemed worse, a complete, intentional disregard for the truth. Donaldson started the ball rolling with the usual questions of identification, before moving into the meat of the matter. "Mr. Blaise, you have been accused of raping two men, Mr.McCoy, who we heard testify earlier, and another man, Daniel Sandhu. Did you rape those men? "No, I did not." "Did you have sex with them?" "Yes." "Can you tell us what happened?" "I moved to the city about two months ago. I was looking for a place to meet men who like me prefer anonymous sexual encounters. A guy told me about the Jade Palace. I first went over there on a Saturday night about 6 weeks ago. I found somebody interesting and we left the bar. He took me to his place and we did it." "Did you play any so-called 'rough' games with him?" "Yes, that's pretty much what I like." "Did he object?" "No, he quite enjoyed it." "So you started going to this bar on a regular basis?" "Yes, I was there most weekends." "And in all that time, nobody told you that this wasn't the right bar for 'rough' games?" "No, everybody I asked was willing." "Now, what happened on the evening of July 13th?" "I got to the bar kind of late. I had noticed this guy staring at two guys off to the side. A little later, I noticed him staring at me like I was a prime piece of meat. He looked hungry, kind of wild, like he was pissed off at somebody, probably about the two he was staring at earlier, and wanted to take it out on his partner." "Objection! Speculation!" �Sustained. The jury will disregard Mr. Blaise�s last comment.� Knowing the words had been heard, Donaldson urged his client to continue. �What happened next?� �I introduced myself and he bought me a drink. I asked if he preferred top or bottom." "What did you mean?" "I meant who would take the aggressive role. Given his mood, I expected him to say top, but he said he didn't care. I told him I had access to a place nearby, and he offered to drive on his motorcycle." "Where was this place?" "An apartment that I had access to from work. My team was scheduled to clean it on Monday, since the tenants were moving out." "You also took Mr. Sandhu to a similar vacant apartment the following weekend?" "Yes." "Why didn't you take them to your own apartment?" "The games I like to play can get kind of loud. I didn't want to disturb my neighbors." "Of course not. But isn�t using those apartments for your own purposes against company policy?� �Hey, everybody takes perks from work. At least I don�t steal office supplies like some guys do. I didn�t hurt nobody or steal nothing.� �How did Mr. McCoy get that cut on his face?" "Since he said he didn't have a preference, I took the 'top' role. I threw him down toward the table, but he twisted trying to get away, playing reluctant. He hit his face on the corner of the table." "Are you sure he was playing reluctant? At any point did he protest? Ask you to stop?" "No, he never complained. At first he seemed to really get into the game. But after a while he seemed to lose interest. I guess the old guy just can't take it rough anymore." Lennie could tell Jack was seething. He had a feeling listing to this punk's lies was even more painful than telling what had happened to him. He leaned close and whispered "Jack, don't let it get to you." Although he knew it was useless. Jack laid his hand over Lennie's. "I know. But it's so frustrating �" "Objection! Speculation!" "Sustained. Mr. Blaise, please restrict your answers to the facts." "Did you use a condom?" "Of course." "So what happened when you finished your game?" "He got dressed and left. He seemed to be in a hurry. In cleaning up, I found his motorcycle keys. But by the time I locked up and left, he was gone, so I took the bike. I mean, if I�d just left it there on the street it would have been stolen anyway. I never saw him again until after I was arrested." �Did you try to return the bike?� �Well, the next two weeks I rode it to the Palace, thinking maybe I�d see him there. I mean, I didn�t know his last name or nothing.� "So at no point did he ask you to stop, or indicate that he didn't want to play this game?" "No, never. It was completely consensual." "What about the next weekend?" "It went pretty much the same way. I met the guy at the bar, we went to an apartment I had keys to, and did our thing." "Who was the man you were with that night?" "He told me his name was Dan." "Was it the man who is the other supposed victim, Daniel Sandhu?" "From the photos I've seen, yes." "And when you finished?" "He left. I've never seen him since then." "Was he injured when you last saw him?" "Well, he really got into the rough games. I'm sure he was kinda sore, I hammered him pretty hard." Dave couldn't quite keep his face neutral as he remembered that night. "But he had no head injury? He was fully conscious?" "Oh, yeah. I heard he was unconscious for a couple of weeks. I guess he got mugged on his way back to his car." "Objection!" "Overruled." "Now, tell us about the night you were arrested." "Same basic drill. Only this time I don't know the guy who propositioned me was an undercover cop." "So he came to you?" "Yeah, when I spotted him he was staring at me. When I looked at him, he waved me over, bought me a drink. We decided to leave. I had the motorcycle, so I drove us to the apartment. As soon as he got me alone, the guy turns around and throws a punch at me!" "Did you fight back?" "Of course! Until this other guy comes crashing in the front door and tackles me. Then there's cops everywhere and they're yelling that I'm under arrest for rape and attempted murder. That's when I remembered where I saw this guy before. He was the one Jack � uh, Mr. McCoy, had been staring at before we connected that night. I figured he had singled me out to get back at me for stealing his lover." "But he wasn't with McCoy when you got there?" "No, but jealousy does funny things. I've seen some real drama queens in my day." "So you didn't throw the first punch?" "No, absolutely not. He set me up." Now it was Lennie's turn to get irritated. Jack's hand on his arm reminded him to stay calm. "Thank you, Mr. Blaise. Ms. Donnelly, your witness." Donnelly was looking glacial as she approached the stand. "So nobody ever turned down your request for 'rough' games? Could that be because you never told them that's what you wanted?" "But I did tell them." "You deliberately used the terminology 'top and bottom' which would be misconstrued, instead of the more accurate 'dominant/submissive." "It's the terminology I've always heard used." "And how long have you been active in this 'lifestyle?" "About 7 years." "Seven years playing kinky games and you've never learned the common street lingo?" "It might be common here, ma'am, but I just moved here from Jersey." "New Jersey isn't exactly far away, Mr. Blaise. So nobody ever complained when they realized your definition of 'topping' them was to rough them up?" "They all seemed willing enough once we started." "So why aren't any of them here to confirm that? You say it's consensual but all your partners seem to think it wasn't. Surely you could find ONE former lover to testify that he engaged in consensual rough sex with you!" Blaise looked uncomfortable as Donaldson shouted his objection. Feldman gazed at him. "I want to hear your answer, Mr. Blaise. I'll allow it." The delay gave him enough time to think of an answer. "One thing Mr. McCoy and I agree on is the anonymous nature of the lifestyle. I didn't exactly take names and numbers of my partners." "I see. So nobody can corroborate your assertion." "No, unless poor Mr. Sandhu regains his memory." "He told investigators that he typically did not engage in rough sex. Why would he have agreed with you?" "Objection! Inadmissable! Those statements were not made in this courtroom." �I withdraw the question. So it comes down to your word against Mr. McCoy's and Det. Briscoe's. Why should we believe your word over two officers of the court?" "Objection!" "Sustained." Donnelly smiled, having planted that particular seed. She'd fertilize it in her closing arguments. "What about a safe word? Isn't that practice common everywhere rough sex is practiced?" "I guess in the heat of the moment I forgot to ask." "And Mr. McCoy never volunteered it?" "No." �Mr. Blaise, you said you used apartments you had access to through your work. What action did your employer take when they found out about this?� �None � they had already fired me when I got arrested.� �Now Mr. Blaise, it would be illegal for them to fire you just for being arrested. What was the actual cited reason for your dismissal?� �Some crap about misusing client�s apartments for personal use.� �So you WERE fired for taking your �dates� to those clients� apartments. You knew it was wrong to do that, it�s in your company�s employee handbook. But it was less wrong that what you did every week to your so-called �dates.� Could it be you used them because you didn�t want your neighbors to hear the screams of your victims every week? A few screams one night don�t call attention the way repeated ones do.� �Objection!� Donnelly shrugged and changed directions. �Now about Mr. McCoy�s motorcycle. You claim you tried to return it to him the next couple of weeks?� �I did!� �Then why did you have it illegally retitled in New Jersey?� Donaldson hung his head. The idiot hadn�t bothered to tell him that fact. It was probably in the police report, but they had been focusing on the rape charges, not the theft. Blaise sat there, unable to think of anything to say. Donnelly smiled. �That�s all right, Mr. Blaise, you don�t have to answer. One more questioin. Prior to the blood tests performed by the district attorney's office, were you aware that you were HIV-Positive?" "Relevance, your Honor!" Donnelly kept the smile off her face as she withdrew the question. Feldman instructed the jury to disregard the question, but they couldn't forget something that shocking. And without Blaise's answers, they wouldn't know for sure but most would assume he knew. And if they believed Jack that he hadn't worn a condom, it really looked bad for Blaise. "I have no more questions for this witness." "The defense rests, Your Honor." Feldman checked his watch. It was lunchtime. "We'll recess until 3PM when we'll resume for closing arguments." During that last exchange, Rey Curtis had quietly slipped into the courtroom. He caught the prosecution team on their way out of the courtroom, quickly drawing them aside. "We have another witness. Lennie, you remember that one other reported rape victim we talked to? He originally said he didn't want to get involved. But after reading about the case in the paper, he's come forward, wants to press charges against Blaise." "Damn. If only he'd done it sooner. Both sides have already rested." Jamie looked really frustrated. Liz shook her head. "It's worth a motion. Come on, let's go back to the office and pull this together quickly. If we can get it before the judge before 3PM, we'll have a chance." The lawyers headed back to One Hogan Place, leaving Jack, Lennie and Rey at the courthouse. Lennie looked at his partner. "You have time to join us for lunch?" Rey grinned. "Sure." He fell into step with Lennie as they exited the courthouse. The usual herd of reporters was waiting for them, shouting questions. Rey dropped into "police protection' mode, trying to keep them away. It was like running a gauntlet, but finally they got to Rey's car and headed out. He drove to a deli near the 2-7 that was a favorite of theirs. As they settled down to lunch, Rey asked, "So, hopefully this will be over soon? LT wants you back to work, Lennie." Lennie grumbled. "It's my vacation time. Just because I haven't taken a full week of vacation in 15 years doesn't mean I can't now." Jack was stunned; it had never occurred to him that Lennie was using vacation time to stay with him at the courthouse. Of course, his testimony has been on the clock. But the rest � "Lennie? You didn't have to do that!" Lennie turned to smile at him. 'Yes I did. And besides, I�ve got so much vacation time banked I lose half of what I earn every year.� When Jack looked puzzled, he continued. �For most of the past 15 years, I�ve been paying off two ex-wives and putting two daughters through college. Like I had cash left over to go anywhere? It�s just the past couple of years since Cathy graduated from Nursing School and Lydia re-married that I�ve had any spare cash at all. And what fun is a vacation alone, anyway?� Jack just shook his head, not sure which confused him more; Lennie's family issues or the depth of his loyalty. His own divorce had been a relatively simple affair; his ex was also a lawyer, in private practice now, who made about twice what he did. It had never occurred to him that Lennie's exes and kids had been milking him dry. He remembered the day Lennie had confronted his daughters, and wondered if his own daughter even knew who he was? As difficult as Lennie's relationship with Cathy was, at least it existed. Once again he was overwhelmed by how empty his life had been these past 15 years. While Jack sat, lost in his reverie, the partners talked about life at the 2-7. "So you doing ok partnered with Profaci?" Rey sighed. "First day we had it out. He can't believe I'm sticking with you. I told him to back off, and we basically agreed not to talk about it. But there's tension there all the time. I'm so sick of it. Can't wait till you come back." "You sure about that, Rey? If anything happened to you because of me, I could never face Debra." He shook his head. "Don't go there, Lennie. I'm your partner, end of story. Debra and I talked about it and she agrees. She's worried about you, wants you to come over for dinner sometime soon." "Well, if the DA's can't get this witness in, jury should go out late this afternoon. So hopefully sometime tomorrow this will be all over." "How do you think it will go?" Lennie shook his head. "I don't know. They pulled some really dirty stuff out there today. The creep flat-out lied on the stand, but there's no way to prove that. What do you think, Jack?" The question brought Jack back to the present. "Huh? Sorry, I was thinking about something �" Lennie chuckled and squeezed his hand. "How do you think the case is gonna turn out?" Jack sighed. "I have no idea. All I know is I wanted to strangle that lying son-of-a-bitch this morning �" Rey laughed. "Easy there, counselor." Jack realized what he had just said and had to laugh himself, embarrassed. "I wouldn't really, Detective." Rey nodded. "I know, Jack. Just try to relax. One way or another, it'll be over soon." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Back at the courthouse, Liz and Jamie walked into Feldman's office promptly at 1:30. Donaldson showed up a few minutes later. "Thank you for seeing us on such short notice, Your Honor. The police just came to us with another victim. He spoke up after seeing the trial in the papers. This morning, he filed charges of Rape and Aggravated assault against David Blaise." Donaldson glared at them. "Another trumped up charge from another friend of McCoy's?" Donnelly glared back at him. "No. Actually, he reported the rape the night it happened, but the police couldn't find anything at the time. When Det. Curtis contacted him during the investigation of the Sandhu rape, he declined to get involved, saying he was starting to recover and wanted to put it behind him. Seeing Mr. McCoy's courageous testimony convinced him to speak up." Donaldson jumped in. "Your Honor, the state has already rested its case, as has the defense. It's too late." Feldman grumbled. Personally, he didn't like this young hot-shot lawyer, or his client. But he very much liked the press this case had gotten. He looked at Donnelly. "Do you have any hard evidence?" "He did report the rape that night; the hospital did a rape kit on him. We're having it matched to Blaies's samples right now." "Mr. Blaise has already said he had several other willing partners before he first met Mr. McCoy. Same story, Ms. Donnelly, his word against my client's." "That's why these cases have to be tried together, Your Honor. If it's tried separately, its one against one. But the combined impact of three men saying Blaise is lying about it being consensual is hard to ignore." "You mean three men lying to blame my client for their guilty consciences." Feldman glared at him. 'Give it a rest, Mr. Donaldson." He sighed. "As much as I agree with your analysis, Ms. Donnelly, it is simply too late. The state will have to prosecute this third charge separately. You have an hour and a half to finalize your closing arguments in this case. And Ms. Donnelly, don't let this 'new accuser' slip into your close. If I have to declare a mistrial, allowing you to re-present the entire case, I will find you personally in contempt of court and issue a VERY large fine. That applies to you too, Mr. Donaldson. Do I make myself absolutely clear?" Out in the hallway, Donaldson came up to the ADA�s. �Ms. Donnelly! Tough luck on your last ditch effort!� His smug expression made Jamie want to wipe it right off his face. Somehow, she restrained herself. Liz gave him her best icy glare. �Oh, I didn�t want it so much for this case, but to make sure he gets convicted for THAT one too.� �Don�t be so sure, Ms. Donnelly. We could put an end to all this. My client will plead to the theft of the motorcycle and a simple assault charge. 1-3 years.� Donnelly actually laughed. �Mr. Donaldson, this isn�t some TV courtroom drama. I won�t even dignify that offer with an answer.� She spun on her heel and strode down the corridor, Jamie following in her wake. Continue on to Chapter 34 Send me some Feedback Back to the Story Index Disclaimer: These characters belong to Dick Wolf and NBC. I'm just borrowing them for fun, not profit. |
| Chapter 33 |