Objection for reason of deflection
Face off
Apologies friends Tw: SA and there is a lot of dialogue here. Also not a lawyer so have no idea how court proceeding work but I tried lmao. Editing is a later issue.
Willow.
After Chase left, I began to regret it immediately. Although he hurt me, a part of me was happy to see him, touched that he showed up here. But that part of me was overshadowed by the piece that couldn't handle his actions. He made me feel worthless after tryung so hard to be a supportive boyfriend ther night of the incident. Then he just shut down. How could he not see that all I wanted was a sense of normalcy? To know that he didn't think this was all my fault; that I deserved this. He had the nerve to tell me that wasn't what he was doing?
When the struggle ensued, my conflicted emotions raged against eachother. Furious at what he did and that he didn't take the hint when I quit answering my phone. Touched that he showed up to talk to me, confused because I was finding it hard to stay focussed on being angry with his weight baring down on me. They all masked the panic that began to simmer.
Until it all went wrong. As soon as his hand came into contact with my neck, I lost it. Instant panic washed through me. He was larger, stronger, and currebntly holding me undre him just like Will had so many times. It wasn't until after he left that I acknowledged his hand wasn't exactly wrapped around me, cutting if the air supply, but just underneath my jaw bone. The panic was what ceased my breathing.
He was everywhere all at once, like the lastr time someone had their hand there, my back pinned to a tree, the time before thatr I had been pinned to a bed just the same way Chase had me. I couldn't register that he wasn't being agressive, he wasn't getting off on the placement of his hands, he wasn't furiously chasing an orgasm he thought my body owed him. It didn't matter in that moment all I knew what his hand was on my neck and I couldn't breathe.
I saw the way his heart dropped when I compared him to Will, but he couldn't see what he did wrong? Why even thinking to try it was wrong? So idecided to be angry again. Angry that He was ice cold then red hot, angry that I allowed Will to mistreat me under the ruse "It was an accident, I'm so sorry baby,". or "You're crazy, thats not how it happened. Stop over reacting,". Most of all I was furious with mhyself for pyutting up with it for so long, for not breaking up with him the first time he scared me. For putting myself in a position where he thought he had enough control over me to attack me on the trail and try to convince me that I still wanted him.
For a split second Chase put himself in a situation that was too close to something traumatic and I couldn't handle it. I hated him, but I wanted him. I wanted him to tell me everything was okay. I wanted to lay down in his bed, wearing his clothes while I pressed up against him. But I didn't deserve that after what I did to him, and he made it clear he couldn't treat me the same. I needed to see him, but I wanted nothing to do with him.
As if that could even be arranged right now. Two days had passed since then and I was now getting ready to walk into a court room where I would have to see him, hear him talk about our relationship, anout what happened to me. A room full of strangers was about to hear my worst secret and my greatest fear. John had assured me he would be there with me every step of the way which gave very little comfort.
As per his advice, I wore a modest navy blue long sleeve shirt that allowed what was left of my bruises to be shown but not the main focus, so his lawyer couldn't make an accusation. The evidence that was in the photos would be clear to see in a respectful way. He had said that covering them up would lead the way to an accusation of them not existing, or being enhanced with makeup. Since he was such a "Promising young man " We had to pull out all the stops. That phrase was quickly becoming the bane of my existence.
This whole situation was now that I thought about it. In only a week this thing had taken over my entire life. It was as if the second I realized Will was just an abusive prick, he had to go out of his way to prove it to me. I hadn't been back to school, I was barely eating, I was dying for normalcy but couldn't make myself reach for it. I couldn't force normalcy on the people around me either. How had I become so fragile? So easy to destroy? Maybe I had always been this way.
I brushed at the stray tears slipping down my cheeks and took a deep breath before readjusting my hair to the front of my shoulders. What I wanted to do was wear a scarf but I couldn't do that either so I would settle for hair curtains.
I grabbed my purse from the dresser beside the door and made my way downstairs.
"Hey, are you sure you don't want me to drive you?" Cass asked, appearing in the doorway to the living room. Her brown eyes were soft with concern.
"That'a okay, " I reached down to slip on my black inch-heel boots. "I like driving. Besides I think I need a few minutes alone before I have to go in,"
She nodded in understanding, but her hands fidgeted in front of her. " are you sure you don't want us to come?"
"I'm sure Cass. Header said it was best if the witnesses reserved for later aren't present today. If we have to call you in later he doesn't want to give Will's lawyer an excuse to say you're lying using the details you heard today. Besides, Wyatt will be there and -"
"Chase. Have you talked to him?"
I shook my head. "I don't know how. I don't even know how I feel. I just - I can't. I have this to focus on." I shook my head, giving myself a mental shake as well.
She nodded her understanding again then pulled me in for a hug before gripping my shoulders and wishing me good luck.
I was going to need it.
The drive to the courthouse felt too short. By the time I got there my nerves were going haywire. I could feel the tightness in my throat almost as if my muscles were contracting, trying to bring the acid I felt bubbling in my stomach out where it wanted to go. My hands trembled slightly.
I pulled into the parkinglot in the back, spying Chase's truck parked besides Wyatt's civic, and John's much nicer black bmw a few spots over from them. Chase and Wyatt were actually having a conversation. Not the day for a smiling one, but it was speaking terms none the less.
I took another deep breath before exiting my car and walking over to them. I hadn't said a word to either of them since our incidents and was very aware of the shame burning through me. Maybe this was all my fault. Maybe they didn't deserve to be brought into it. Maybe they didn't deserve the way I treated them.
They both turned to me, nearing similar faces of cautious greeting. I gave them a tight lipped smile, knowing full well they weren't going to look over the grey tone my skin adopted.
Wyatt stepped towards me first in his salmon button up and jeans.
The tears started again as I hugged him back.
" I'm sorry Willa" he said using his nickname for me. When he was young it was how he pronounced Willow and it had sort of stuck.
I tried to stifle the tears, holding him tightly. " I shouldn't have yelled at you" I had every intention of being cold with him today but as soon as I saw him I knew it wouldn't last. He was my brother and he was trying to protect me no matter how self centered it came off.
I sniffed "No, I should be sorry. I've been a psycho,"
He gave a half hearted laugh " that's new?"
I punched his arm as I released him, and wiped at the tears on my face.
A hand holding a clean tissue appeared beside me and I took it, dabbing under my eyes to try and save my mascara. I gave Chase a slight nod, trying hard not to think about how standoffish he was being.
"John is running over his notes. We are still about 20 minutes early, when he's ready we'll go in." I nodded ignoring the urge to grab his hand.
" wanna sit on the back steps?"
The back steps were much smaller and not as high to climb up to the door, but still quite wide so I nodded and we walked, sitting about half way up towards the grey brick building. The three of us sat side by side with me in the middle. Chase was careful not to let his body touch mine, which made me feel worse.
We sat silently for a few minutes, just gazing towards the back of the lot where the tree line started. I tried to take normal breaths, reminding myself that everything was going to be fine.
But it wasn't. I made a mess of everything. I over reacted to everything in the last seven days while trying to make everyone under react to the one thing that deserved my appropriate reaction.
Wyatt's phone buzzed and his eyes skimmed over the message. " Will just got here, using the front lot and front entrance," his sour expression spoke for him.
Will didn't know what Wyatt knew about the situation. He honestly believed I wouldn't tell him about this so he had been as friendly as ever. Apologetic even, that his break up with me had affected their friendship. Wyatt knew it was an act, but Will didn't know Wyatt was a better actor. Me screaming at him had probably helped with that. Not to mention Chase threatening him into not making a scene yet. Because he hadn't, the guys on the team that he was close with were relaying everything Will had to say back to him. Which was about to be used today. Which also meant Will was going to find out the truth, that his best friend now wanted to kill him. Their coach didn't know about the situation yet either because that would leave an opportunity for the rest of the team to find out, and Wyatt didn't want to jeopardize his spot in the team. I didn't want him to either.
I caught sight of John getting out of his car, dressed in a nice charcoal grey suit. He carried a black briefcase with him full of the forms and notes needed for today. By heart started pounding again, my stomach rolling with the same tempo. I reached beside me and grabbed Chase's hand and squeezed.
He squeezed my hand back and I felt his eyes on my face as I started hard at the ground between my feet, trying my best not to vomit.
Wyatt muttered something about introducing himself and moved to meet John near the base of the stairs.
"Hey. You're okay. Everything is fine."
I shook my head, taking a deep breath. " I'm sorry," I blurted " I'm sorry I hit you and yelled and you're here and this is happening and-"
"Shhh." He let go of my hand briefly to put that arm around my shoulders and used his other hand to grasp mine. " it's okay,"
"No it's not okay. Nothings okay. You shouldn't be here. In this- with me-" The word vomit was spilling now, as if it was somehow going to stop the actual vomit from coming. The more I talked the less I puked was how my brain saw it. It became a coping mechanism for anxiety and high stress when I was in highschool and it was making a comeback lately. Usually in the form of screaming instead of fast paced truths, but today was a different day.
" it is okay. I deserved it. You wanted space and I wouldn't give it to you after I pushed you away. I never should have put my hands there either. I knew better than to try I just didn't think about it," his hand rubbed up and down my back, my eyes kept glued to the pavement in front of me, wide eyed but focused.
" but we don't need to talk about that right now okay? This isn't about me. Im fine, but you need to calm down,"
I took several deep breaths, his hands still running over my back in time with my breathing. He let go of mt hand, and very gently placed his hand in my cheek. I turned my head to look at him, meeting his dark eyes with my own. I missed them.
I reached up to hold the hand that was cupping my cheek. " there's my girl, " he said said with a half smile. " I couldn't see you covered in all that word vomit,"
I huffed out as close to a laugh as I could get. "you're an ass,"
" I know, and I'm sorry. I'll spend all day apologizing to you later for it too. When you have time to focus on anything else. But for now, we are going to walk in there and explain to a judge why we are about to destroy his fucking life, "
I nodded, and raised my eyes to his once more. " Okay," I whispered. His lips ghosted over kind, just barely touching.
"Okay," he agreed, before kissing me gently.
I missed those too.
He stood up, offering me a hand and helped me to my feet. Now that the awkwardness was dealt with his hand settled at my lower back as he reached out to shake John's hand.
" Chase. Willow, Are you ready?" I met his kind eyes and nodded. " then let's go over how this is going to go,"
Ten minutes later we were taking our seats. My anxiety sky rocketed. John wasn't happy to say that our judge was a man with a serious sports history and interest, judge Booker. He had explained in cases like this the majority that rule in favour of the accused are not women. Apparently Will had an appearance on his own after he was picked up and questioned. Something about pleading and if he would be hiring a lawyer. Apparently all documentation had to be submitted before hand not just for us, but Will's Lawyer had to be aware of the evidence being presented against him. The texts from Wyatt's phone weren't in there, but they would be before the next hearing, as well as any other messages/ situations that could take place between now and then. He said today wouldn't be a decision day although that would be the best outcome.
John was sat closest to the right hand side of the table, then me, Chase, and lastly Wyatt. I hadn't looked when will entered the room with his own lawyer, or since then. John warned the three of us to be boring but civil. No starting no making faces, not even so much as a smile in his direction , and Chase and Wyatt had to be silent unless spoken to. And when spoken to must respond honestly, respectfully and promptly.
"Ladies and gentlemen of the court please rise," my head snapped up at the sound of the man's voice and I stood, squeezing Chases hand. We watched as the judge entered. He was a tall man, older but not ancient, his hat still held some of the brown of its youth though it was losing over to the grey.
"Thank you ladies and gentlemen you may be seated," he shuffled the papers before him before looking up. We all sat down silently. " It is my understanding that we are here today for the preliminary hearing in the Brooks vs. Saunders case in which Miss Willow Brooks "he said, eyes glancing up at me over his lenses " is pressing charges against Mr Will Saunders following an emergency non contact order,"
He paused for a moment to look at Will before moving on " The charges are stated here as one count of criminal harassment, one count of aggravated sexual assault, one count of assault causing bodily harm. Is that Correct Mr Henderson?"
"Yes your honour,"
"Me Saunders have you been made aware of these charges before today?"
"Yes your honour,"
" and what did you plead?"
" not guilty your honour,"
"Moving on. Mr Henderson would you like to begin?"
" thank you your honour," John stood, grabbing his file folder as he went before clearing his throat. " this case is about a man who upon being broken up with, has been harassing, stalking, and escalating to sexually assaulting his ex girl friend making her fear for her safety. It began during the relationship where he was exhibiting non- consensual rough behaviour including but not limited to verbal assaults, corporal punishment, and in some cases strangulation. After Miss Birkett broke up with Mr. Saunders and pursued a relationship with her current partner, Mr. Saunders began his attack. He sent her videos of a woman, one of Ms. Birkett's previous friends, wearing one of her tshirts with a hand around her throat. That same T-shirt was then dropped off to Ms. Birkett's home via a messenger. Afterwards Mf. Saunders drove past the residence several times before knocking on the door where her room mates refused to allow him entry nor to tell him where he could find her since she was out of the house. He became rude and pushy with them before leaving. From there she received several more degrading and rude messages. After some time it escalated into an attack. Ms. Birkett as a hobby and job partakes in photography. She booked a shoot with a client on the trail located near her home. She approached the location alone where she was ambushed my Mr. Saunders where she was struck repeatedly resulting in bruises, kissed and groped without consent before he tried to remove her clothing. At which point Chase andrews, seated here today, intervened. This was a planned and calculated attack. The "client" never showed up, yet Mr Saunders somehow knew that she would be at that exact location at that exact time. On top of pursuing the charges today, it is asked that a warrant be released to allow a search of Mr. Saunders computer history including but not limited to his email and chat history, and search history to confirm his activity. Mr.Saunders was asked to willingly submit it but declined to do so."
" thank you Mr Henderson. And now the opening statement for the defendant me cruise?" John sat down and leaned over to me, opening his notepad he wrote: after this you will be called up. Only look at lawyer. Reaffirm fear.
I nodded at him, staring at the judge while Mr cruise gave his own statement.
" This case is more about a heartbroken woman who would do anything to spite her ex boyfriend for his mistakes. Mr. Saunders has admitted to crossing the line with some of his text messages, but states that it was in response to what Ms. Birkett said to him in person so there is no record of if. Ms Birkett has been verbally abusive towards not only Mr. Saunders but his new partner as well. She staged the incident after happening upon Mr. Saunders on the trail after her client neglected to show up for their photo shoot. Any physical interaction there was entirely consensual. Minus the attack coming from one Chase Andrews , Who Ms Birkett knew was present, towards my client when he saw his current girlfriend having relations with her ex. It is my belief that Ms Birkett wanted to not only hurt my client physically but tarnish his reputation, ruin his scholarship, and to prevent him from obtaining a professional sports career due to the emotional pain Mr. Saunders caused her when they broke up.
" And I am assuming Ms. Birkett is the girlfriend in question here?"
"Yes your honour. She is."
I was furious. I grabbed Chase's hand and looked over ag John who was shaking his head at me.
"Dont react" he mouthed.
He's honestly trying to say that was consensual? That I'm some crazy ex girlfriend who gets off on seeing her boyfriend beat up her ex. This was his defence? That I'm sad and crazy?
I ground my teeth together trying not to react. Any facial expression no matter how minor may be taken into account.
"Mr Henderson, you may present your evidence and call you witness to the stand."
"Ready?" He whispered
" No, but here we go,"
Chase squeezed my hand as I got up, he and Wyatt both nodded at me as I walked to the stand. I kept my eyes on John while they swore me in. He stood in front of me, but facing the judge.
"Your honour My client is a victim. Although the defendant makes an interesting case, there is no hiding the evidence of such abuse. Today, a week or so after the incident. My client has walked in here with bruises littering her skin. If you will refer to exhibit A. In the paperwork you will see what these bruises looked like first hand. Starting with the one on her left cheek. Ms. Birkett would you please tell us how you acquired these bruises?"
" I was slapped by Mr. Saunders." My hands were trembling so I balled them tightly in my lap.
"Why did Mr. Saunders slap you?"
"because I tried to escape while he held me against a tree and I was screaming," I stated, begging the panic in my chest to subside.
"the same page, you will find exhibit B where there are clear marks of strangulation on Ms Birkett's throat." John turned to me. "Ms. Birkett is it true that he strangled you?"
"Yes"
"Why did he strangle you?"
"Because I kept trying to get away from him and get help."
"Now was this before or after he tried to remove your clothes?"
I opened my mouth to respond before being cut off "objection your honour! Coaching of the witness."
"Objection over ruled. Mr Henderson, do you mind examining the attack in chronological order for the defendant?"
"Of course your honour."
Somehow reliving it was worse. The next 15 minutes was just being asked "and then what?" Over and over again as I went through every step off what happened. I fought the urge to cry as I was forced to remember what happened. I couldn't look at Wyatt, and looking at John was hard enough while I was humiliated by having to tell a man in a room full of people about how I was nearly raped, so I alternated between looking at John and looking at Chase. Chase kept his expression as neutral as possible but I could se the strain in his neck, and I'm sure if I could see under the table I would see his hands white knuckled held in fists. However he followed what John had said and hadn't so much as looked in Will's direction. He kept his eyes trained on me, silently offering me as much support as he could while maintaining neutrality. My eyes kept finding his as it went on. I felt better that way, like I was talking to the only person who could actually understand because he was there. I knew he believed me. But I couldn't bare to look at him when it came to the part where Will tried to unzip my pants right before Chase attacked him. The embarrassment had me feeling like I was undressing myself in the courtroom.
Once we were finished, John allowed a moment of dramatic silence to allow the information to set in.
I had to admit the story being told did not match the look of the trim, professional man sitting at the table across from ours but I told nothing but the truth as I had swore I would. It was the story of a monster, but he did his best today to not look like one. His lawyer let us go on without another objection and I didn't know if that was a good thing or a bad thing.
"Now that we are all caught up, Ms. Birkett, is this the first time the defendant has been physically abusive?"
"No. "
" how many times would you say approximately had he harmed you during your relationship? And can you describe those instances?"
"Yes. Three that are the most memorable. In an argument once he shoved me back by hitting my chest, causing the back of my head to hit a coat hook on the wall. Before that he had failed to let go of my throat during sex until I nearly passed out. The third after I had refused to allow him to place his hands near my throat during sex several times he decided to 'punish' me for making him feel like 'the bad guy' by choking me without consent until I actually did pass out."
"was there an ambulance called?"
"No. "
"Did Mr. Saunders stop intercourse immediately?"
The question actually threw me off guard. I thought he would have. That's what o told myself that he must have stopped. Why wouldn't he, but would I know if he didn't?
"I-I don't know. I was unconscious." I felt the colour drain from my face at the realization. He probably didn't stop. He had no problems trying to rape me while I was awake. My eyes landed on Chase who was now still as a statue, jaw set in a way that looked as if he meant to shatter his own teeth.
"As you can see your honour, this was not the first instance where the defendant was sexually aggressive and performed non consensual acts"
"Objection your honour. Hearsay"
" in what manner?"
"There is no police report for these instances in the evidence presented. There is no proof this happened therefore the question was asked to create a false narrative," I refused to look over as he spoke, but I could tell his lawyer had been waiting for a chance to jump in.
John looked like he was struggling not to roll his eyes " Your honour, after the initial telling of what happened I am merely providing previous context of their relationship as per Ms Birkett's personal experience. Many of these instances go unreported for many men and women, that does not mean it isn't relevant to their situation."
"Objection sustained. There was no evidence regarding these claims," he stated coldly, eyeing John over his lenses less than kindly. I have seen and walked through the text messages and photos sent to Ms Birkett as well as the police photographs taken at the time the charges were laid as well as from imediately after the incident occurred. Is there anything else you would like to share with the court?"
"Not at this time your honour,"
I was released from the stand and John followed me back to the table, where I took his pad and pen
'A warning!?' I scratched 'never talked about that quest.??' Knowing what I meant, he wrote 'sorry, spur moment'
Chase grabbed my hand again, this time holding it like a vice. We had a lot to talk about after this if he managed to make it through it without leaving his seat to commit a murder . K peeled around him at Wyatt who was stock still, and staring at Will as he approached the stand himself, with eerie calmness. Wyatt calm was scarier than Wyatt angry. I leaned back in my seat, shrinking down a little bit. Now that Will was on the stand I was able to see him without having to make it obvious and it was much harder not to look at him.
He was still bruised, his off white shirt making the bruises appear in stark contrast. He had the remnants of two black eyes, his nose had been reset, a taped on gauze dressing still sat over the bridge. He could have taken it off sooner but probably left it for dramatic affect. Some how he still looked as professional as he could, sitting in straight and keeping neutral at all times. That should have been a tip off that he was a psycho. Who faces an allegation like that and doesn't react?
Will was sworn in the same as I had been then he was off. Th his entire statement was a lie of course. Admit the most minor things to make it seem like you aren't lying about the big ones. Will denied being the client, denied knowing I was going to be there, denied putting his hands on me, said he never saw any marks on me prior to Chase attacking him. I almost hoped this would go public. The alibi he gave his friends said he was never even there, he and Robin had told everyone that she was with him at her house the whole time, yet here he was saying he was there in the trail.
He admitted to the photo of Robin in my shirt, though not the reason behind it, he admitted to sending me the text messages and harassing me. But claimed it was "in poor taste due to his fragile emotional state"
"When Ms Birkett ended the relationship, what happened?"
"I picked her up from the bar she was at with her friends. She thought she saw lip stick on my collar and accused me of cheating on her."
" did it end there?"
"No. She then began screaming at me and hit me several times. When I asked her to stop hitting me she informed me that we were over and got out of the vehicle"
'DIDNT' I scrawled on the notepad
"What kind of state would you say she was in?"
"was very drunk. Every time she went out she drank to excess. It gets. . . Messy. Her drinking has caused several fights,"
"Objection your honour hearsay and slander"
Judge Booker nodded to John that he could continue "there is no record of any of these fights happening nor a police report for any instance stated at this time unless Mr cruiz can prove otherwise. "
"No your honour" Mr cruize stated
"Sustained, keep it relevant"
Switching topics, Mr cruiz started asking him about our life after the breakup. He said that I had verbally harassed him in the form of heckling him while he was on the ice and in the lobby at the arena. Had stated that I was slandering him to other students including people whom he had been friends with, that I had ruined his relationship with my brother ( who was still miraculously silent) by lying about our relationship. All of which lead to his treatment of me via text messages. Every thing he said had me spiralling further and further into disbelief. I heard the whole "poor me and my hockey career" leading to " I don't know why she thinks I would go that far, I have never had this problem with other women in my life" I just hoped Judge Booker wasn't as stupid as John feared he might
be.
Just when I thought it couldn't get any worse, he finally made it to the big finale.
"She asked me to kiss her,"
I couldn't stop my jaw from dropping, which I quickly snapped closed. I what?
"so I did. Things got. . . Heated."
"And that's when Mr. Andrews appeared?"
"Yes. When he showed up all he saw was his girlfriend heatedly kissing her ex boyfriend, and he lost it." He said gesturing to his face.
"Yes indeed. If you look at the attached photo under exhibit A you will find the photos taken of my clients injuries at the time he was brought in for questioning."
Judge Booker looked down at his paperwork.     "Yes let's see. Broken nose, severe facial bruising, cracked rib. This is quite a laundry list," he
muttered.
John huffed beside me "oh shit," he muttered just barely loud enough. I reached for the notepad '???' He looked at me and signalled with one finger to wait.
" Mr Saunder's you claim that Mr. Andrews did this to you in defence of Ms. Birkett correct?"
"Yes. He did"
"And you also said there were no marks on Ms Birkett that would warrant an attack, nor was she in any danger correct?" He responded yes, "so what do you think resulted in the bruises on Ms Birkett's face and throat?"
" I don't think. I know."
John reached for the notepad, angling it so I could read as he wrote 'DARVO tactic going to say Cha-'
" Mr Andrews beat her after he thought I was gone,".