Chapter 36
Van
I reach up, adjusting my tie as I wait for the trial to begin. I'm in the first row behind the DA's table with Olivia, Kipp, and Grady sitting next to me. Having the three of them here supporting me means the world.
I caught a glimpse earlier of Barbi glaring at me, sitting beside her attorney and a woman who I assume is her mother sitting behind her, as they whisper to each other.
"Keep your eyes forward and don't react to anything they say," the DA leans backward and whispers.
I nod my head and take a deep breath. I trust what he's telling me. We've prepared for anything that Barbi and her attorney can throw my way. It also helps that I have Olivia, Grady, and Kipp on my side as witnesses.
The bailiff calls the court to order as the judge enters. My heart begins to race. This is it. I'm going to stand before the jury and everyone in this room and tell the story of how I, a man, was raped by the woman sitting at the table next to me.
I'm either going to be vindicated, and Barbi will pay for her transgressions, or the verdict will come back in Barbi's favor.
The judge makes his statements, then the DA and whoever the slimy fat dude is that's representing Barbi, give their opening statements.
Once they're done, we go straight into testimonies. My leg bounces, knowing that I have to sit in front of everyone and repeat the events of that night. I can already feel judgemental eyes on me. Are they going to side with Barbi and believe her lies?
The DA felt it was best to save my testimony for last and begin with people who were at the party and witnessed what happened there.
One by one, the DA calls them up, asking them questions about that night. All of them testify that yes, Barbi and I were there, but not together. They tell how she kept coming up to me all night, flirting with me, but I was standoffish. I didn't reciprocate her attention, and those who saw her handing me drinks testified to that. The only time my behavior changed with Barbi was after she gave me drinks. One after the other, they explain how I looked out of it, that I couldn't stand up straight, and that the only time I touched Barbi was when she was practically dragging me out of the party.
A few of my buddies mention how in love with Olivia I am, and that all I could talk about that night was her. I'd even asked them about how I should propose to her. But they just couldn't confirm that she'd tampered with the drinks she'd given me.
Barbi's attorney cross-examines each of them, asking his own questions to try to spin the night in favor of her. I'm not sure if he did or not; the jurors' faces aren't giving away any information.
"Next, I call Van Michaels to the stand," the DA announces boldly, as he turns to face the jury.
I take a deep breath and stand. I lock my gaze with Olivia, and she gives me a reassuring smile. No matter what happens today, I know she'll always be there for me. Holding my head high, I approach the stand, ignoring the chuckle I hear from Barbi, just before her attorney shushes her. God, I hope the jury and the judge heard it as well.
I take my spot and I'm sworn in. "I solemnly swear that the evidence I give shall be the truth, the whole truth, and nothing but the truth."
My lawyer steps up in front of the witness box.
"Mr. Michaels, could you tell us in your words what happened that night?"
"Yes, sir," I answer and recount the events I remember.
I tell him about how I went to the party after Olivia persuaded me to go. I ran into Barbi there but didn't make any romantic advances toward her and was about to leave when she stopped me, wanting to have one drink.
"So you were attempting to leave until Miss Johnson stopped you?"
"Yes, sir." Just as the attorney coached, I kept my answer short and to the point—only answering what he asked.
"Objection, your honor. Whether he was leaving or not is irrelevant to the facts." Barbi's attorney stands.
"Overruled. Proceed with your questioning."
"You state that Miss Johnson gave you a drink, and prior to having it, you felt fine?"
"Yes, sir."
"And did you see her put anything in it?"
"No. I sat down and she left to get it from somewhere outside of the room."
He continues to ask questions about how the night proceeded, having me replay the events of the night and the details of my sexual assault. I had to pause several times, and it was hard not to bow my head in shame, but I did it.
At the end, the DA enters the video Barbi sent out and the recording Bre managed to get into evidence.
"See, he wanted it. He wasn't raped. He just didn't want his precious girlfriend to be pissed at him." Barbi attempts to whisper to her attorney, but she's so loud the whole courtroom hears it.
"Order in my court!" the judge shouts as he bangs his gavel. "There will be no more outbursts. The jury is to disregard the plaintiff's comments. Mr. Baume, please proceed."
"I have no further questions, your honor."
That was the easy part. Now I have to be questioned by her attorney, and I know he's not going to hold back any punches.
"Very well. Mr. Chevaux, do you wish to cross-examine the witness?"
He stands from his table and I catch a glimpse of the smug look on Barbi's face.
Clearing his throat, he steps out from behind the table and moves closer toward the jury.
"Mr. Michaels, isn't it true that you've actually been in love with Barbi for years? That on the night you met them you were actually there for Barbi but Olivia interfered?" he questions and my mouth drops in disbelief.
"That's all false. Not a word of it is true. My heart is and will always be for Olivia," I protest.
"So you want the honored members of the jury to believe that you didn't see that as a chance to sew your wild oats while your so-called girlfriend was out of town? What better chance than to meet Miss Johnson at a party and finally have the woman you wanted? Then when it's over cry rape."
"Objection, your honor, he's badgering my witness."
"Sustained. Stick to the facts, council."
"Of course, your honor."
"Mr. Michaels, let me rephrase. Your girlfriend was out of town and you finally acted on your desires for the plaintiff, Miss Johnson, but you felt guilty when your girlfriend found out."
"That's absolutely not true. I love my girlfriend and would never cheat on her. I love Olivia and I intend to marry her." A loud harrumph comes from Barbi and all eyes turn to her.
"You want us to believe that the mere sliver of a woman sitting at that table raped you? You're more than double her size and you weren't able to fight her off."
"I do, and it's the truth. I was under the influence of whatever drug was placed into my drink, and in that state, I thought I was with Olivia."
"Why didn't you go to the police right away? In fact, why did you still talk to Miss Johnson and invite her on dates after the incident?"
"Objection," my attorney barks.
"Overruled. Please answer the question."
"I did go to the police, and I was laughed at. It took all the courage I had to go after a good friend encouraged me to, and I was ridiculed. I knew I needed proof, a verbal confession, and that's the only reason I continued to see her."
I keep my eyes on Olivia the whole time, grounding myself. It's the only way I'm making it through this. Her smile lightens my heart.
"No more questions, your honor," her attorney announces and I stand and make my way back to my seat.
"The prosecution rests at this time, your honor."
"Does the defense wish to call any witnesses?" the judge asks.
"I do, your honor. I call Barbi Johnson to the stand." Barbi stands, flashing the jury a smile as she lifts a tissue and pats away non-existent tears.
After the first lie leaves her lips when her attorney's questioning, a twinge of fear courses through me. Despite her outbursts, will this show she's putting on now sway the jury if they were at all leaning their votes in my favor? I keep my face impassive as if I'm paying attention, which I loosely am, but I let my thoughts drift to my girl so I don't lose my shit.
Her attorney takes a seat and mine stands to question her.
"Miss Johnson, you claim that when you and Mr. Michaels met, he was interested in you, but his current girlfriend, your friend at the time, interfered."
"That's right. He came over to the table to talk to me and she monopolized his time." She begins to sob and I mentally shake my head.
"I must be out of the dating game since I've been happily married for thirty years. But I'd imagine if he was interested in you, he would've paid more attention to you than the woman he ended up with."
"Objection, your honor!" Her attorney immediately stands, vocalizing loudly.
"Overruled. But please, let's not use these theatrical questions any further."
"Understood, your honor."
"Miss Johnson, evidence has been submitted of both a video that you sent showing you engaged in sexual activity with Mr. Michaels, which the jury has seen. In it, Mr. Michaels does look confused and out of it, which seems to support the fact he was drugged, or at the least heavily intoxicated."
"He was not out of it. He knew exactly what he was doing and was calling me baby." Her voice rises as she speaks.
"Mr. Michaels has a different view of that night, which is why we're here today. My question is, why did you send it via text to both him and his girlfriend?" The DA places his hand on the barrier around the witness stand and angles his body to view the jury.
"So she knew I got him. All she did was flaunt in my face how she stole him from me and I wanted her to feel the same pain and hurt I did." Barbi puts on another show and begins to cry.
"You also were recorded confessing to breaking up Mr. Johnson and his girlfriend and drugging him. If you never drugged him, why did you confess to it?"
"I don't know what you're talking about?"
I want to laugh, but I don't.
"I'm referring to the audio recording that was entered into evidence of you, Miss Johnson, confessing to drugging and raping Mr. Michaels."
The attorney plays the audio for the jury. Barbi's face pales and she listens to herself confess to Bre.
"That was recorded without my permission! That's illegal!" she cries.
"So is drugging and assault," the DA quips.
Barbi continues to twist the story in her warped mind as if I was always meant to be with her and she was right in what she did. I can't listen anymore and let myself drift into my happy place that involves Olivia.
My attorney ends his cross-examination and they both deliver their closing arguments. The judge dismisses the jury to deliberate and now we wait for them to come back with a verdict.
I've done everything I can at this point, and all I can do is hope for the best. No matter what the verdict is, I have Olivia, Kipp, Grady, and Bre by my side. I can't ask for more.
We all stand as the judge leaves the courtroom and I turn to face the others. Olivia reaches out, taking my hand in hers. "You did good, Van. I am so proud of you."
"You did well today, Van. The time it takes the jury to deliberate can vary. It can go anywhere from minutes to days, only time will tell. You are free to leave. When I get the call, I'll contact you to return to this same courtroom," the DA tells us nonchalantly.
"Let's go grab some food, and if they come back with a decision quickly, we're nearby," Kipp suggests as he slips his arm around Olivia.
"Perfect idea. I just need to speak with Van privately for a moment," the DA tells us.
"We'll wait right outside," Grady announces, and the three step out into the aisle and head to the door.
My eyes are on Olivia's ass the whole time. When I look up, I see Barbi and her mother glaring at me as they head down the aisle behind Olivia and the guys.
How Kipp produced such a toxic individual, I'll never know.