A Matter of Life and Death by Phillip Margolin (ereader with dictionary TXT) 📕

officer can’t read minds.”

“Sustained.”

“You are an experienced Vice officer, aren’t you?”

“Yes, sir.”

“And you’ve been involved in many prostitution cases and arrests?”

“Yes.”

“In your experience, did what happened in the Gold Piece conform to the actions of prostitutes in the cases in which you have been involved or have learned about in your capacity as a Vice officer?”

“Objection, irrelevant and prejudicial. We are talking about this particular case. Not cases in general.”

“No, Ms. Lockwood. The officer qualifies as an expert, so I’m going to let him answer.”

“What happened between me and the defendant is similar to what happens in the typical prostitution case.”

“No further questions, Your Honor.”

“Ms. Lockwood?” the judge asked.

“Officer Balske, isn’t it true that men and women go to bars all the time to meet partners who will agree to have sex in situations that do not constitute the crime of prostitution?”

Balske smiled. “Of course.”

The Golden Rule of cross-examination was “Never ask a question if you don’t know the answer,” but Balske seemed to be unbiased, so Robin decided to take a chance.

“Given the fact that you were the one who brought up money and my client never asked for money, couldn’t what happened in the Gold Piece simply qualify as a situation where my client found you attractive and wanted a nonprofessional sexual relationship?”

Balske thought over what Robin had said. Then he nodded. “It could have.”

“No further questions.”

Hennessey looked upset, but he didn’t ask any more questions.

“The State rests,” Hennessey told the judge.

“Any witnesses, Ms. Lockwood?”

“May I have a moment to confer with my client?”

“Of course.”

Robin thought about making a motion to have the case dismissed for lack of evidence, but she decided that Carasco would deny her motion because of Balske’s opinion that Erika’s actions fit the pattern of a typical prostitution case.

Robin leaned over and whispered to Erika, “I’m going to call you next.”

“Do you have to? I’m scared to death.”

“I know you’re scared, but you didn’t do anything wrong. The jury needs to hear from you. We went over what I’m going to ask. Remember what I told you. Just talk to the jurors as if they’re friends who are having dinner with you.”

“What about cross-examination? He’ll try to trip me up.”

“Hennessey is new, and he’ll be aggressive. Jurors don’t like attorneys who are mean or disrespectful. If you stay calm and tell the truth, Hennessey won’t be able to touch you.”

“I don’t know if I can do this.”

“Look, Erika, if you’ve got the guts to change your sex, you’re tough enough to survive cross-examination. You’re also innocent. Tell the truth and you’ll be okay.”

“Ms. Lockwood?” the judge asked.

“I call Mr. Stassen to the stand.”

CHAPTER SEVEN

“Mr. Stassen, are you a lifelong Oregonian?” Robin asked after her client was sworn.

“I am.”

“Where were you born?”

“In Portland.”

“Do your parents still live here?”

“Yes.”

“Are you close with them?”

“I am.”

“Do they support your decision to go through an operation to change your sex?”

Hennessey leaped to his feet. “Objection, hearsay and irrelevant.”

“Sustained. Please move on, Ms. Lockwood.”

“Very well, Your Honor. Where did you go to school?”

“Wilson High School and the University of Oregon.”

“What degree did you receive from the U of O?”

“I majored in accounting.”

“Did you graduate with honors?”

“Yes.”

“After you graduated, did you become a certified public accountant?”

“Yes.”

“Where was your first job?”

“I was hired by the Internal Revenue Service to investigate cases of tax fraud.”

“How long did you stay at that job?”

“Five years.”

“What did you do after that?”

“I missed Oregon, so I moved home and was hired by the accounting firm where I am currently employed.”

“At some point in your life, did you begin to feel uncomfortable as a male?”

“Since I was little, I had the feeling that I was in the wrong body, that I should have been a girl.”

“When did you decide to go through the procedure for gender reassignment?”

“Three years ago.”

“Was this decision difficult?”

“It was a terrible time for me. I was torn apart emotionally. But I was seeing a wonderful therapist, and she put me in touch with the transgender program at the medical school, and they gave me the confidence to make my decision.”

“Let’s turn to the events that have brought you here. On Friday, May 13, did you go to the Gold Piece?”

“Yes.”

“Were you dressed as a male or a female?”

“A female.”

“Why did you do that?”

“I felt like a woman. Except for the operation, I am a woman, and … well, I wanted to see if the men and women at the bar would react to me as if I were a woman.”

“Had you ever done anything like this before, going to a bar as a woman?”

“No.”

“How did you feel when you entered the Gold Piece?”

“I was frightened and excited at the same time.”

“At some point in the evening, did you initiate contact with Officer Balske?”

“Yes.”

“Why did you do that?”

Erika blushed. “He’s very handsome, and I was attracted to him.”

“How did Officer Balske respond to you when you started to talk to him?”

“I thought he was interested in me.” Erika looked down. “Of course, now I know he really wasn’t.”

“Did you initiate a discussion about sex?”

“Yes.”

“Why?”

“I wanted to see if he was attracted to me enough to want to have sex.”

“Did he appear to be interested in that way?”

“Yes.”

“Did you turn the conversation to oral sex?”

“Yes.”

“Why?”

Erika’s embarrassment was evident. “It was the only way I could do it. I couldn’t let him see that I … that my genitals … I was afraid he might hit me if he knew…”

“Do you want some water?” Robin asked. “Do you need a short break?”

Erika shook her head. “No, please, I just want to finish this.”

“Okay,” Robin said. “Please tell the jury whether you ever asked Officer Balske to pay you for sex.”

Erika took a deep breath and looked directly at the jury. “I didn’t want money. I wouldn’t have taken any money. That’s not why I wanted to … to do it. I make a good living. Fifty dollars wouldn’t mean anything to me. I just wanted to know if he thought I was attractive enough to want me.”

“No