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The judge said, “Let’s take this into my chambers.”
Counsel for both sides followed the judge through his private doorway out of the courtroom and into his office. He took his desk chair and the four attorneys grouped at the front of his desk.
Giftos said, “Judge Rathburn, I feel strongly that by showing this recording, the prosecution is going to perpetrate a miscarriage of justice.”
Rathburn said, “As I said before, James, and will say again, you will have your chance to rebut the video and cross-examine the witness. What don’t I understand?”
Giftos was red faced and the cords in his neck were standing out. He said, “Your Honor, I don’t think you understand that this recording is hard-core porn. There is full-on nudity and full-on sex, or more accurately, bondage.
“As I have said from the beginning, this video is a setup. Marc Christopher recorded it in such a way—”
“Using the same argument isn’t going to change my ruling.”
“Putting our argument aside,” Giftos said, “watching the stark visualization of this sex act is inflammatory and prejudicial in the extreme.
“Once the jury sees it, it cannot be unseen. The spectators and the press will also see it, and even though Briana is entirely innocent of this charge, she will be convicted in the court of public opinion, and that verdict will cling to her for the rest of her life.”
Yuki thought Giftos was making a strong case for excluding the video, and that was very worrying. Without it, her case would hang entirely on Marc’s testimony—and Giftos hadn’t yet set out to discredit him.
Giftos went on.
“Once again I move that the video be excluded. It’s prejudicial, defamatory, and the basis for a whopper of a civil suit against the People of San Francisco.”
Rathburn said, “All right, Mr. Giftos, you’ve made your point. Ms. Castellano?”
Yuki said firmly, “Your Honor, the video is a recording of Ms. Hill threatening violence, brandishing a gun, and raping Mr. Christopher. It’s irrefutable evidence. The jury has to see it or they won’t have the full facts of the crime.”
Rathburn leaned back, considered the remarks, and then returned his seat to its upright position.
“James, here’s what I’m willing to do. I’ll clear the courtroom. The spectators, including the press, will not see the tape, just the jurors. Fair enough?”
Giftos snorted, huffed, and, after a walk over to the windows, returned to the grouping around Judge Rathburn’s desk.
“All right,” said Giftos. “Jurors and no spectators.”
Said Rathburn, “If Ms. Castellano agrees.”
Yuki was ready with her answer. “That works for me, Judge.”
Giftos said, “If it’s okay with you, Your Honor, Ms. Benson can sit with Ms. Hill outside your chambers while Ms. Castellano runs the video.”
Yuki said, “Mr. Christopher can wait in the hallway.”
“Another hurdle cleared,” said Judge Rathburn. “The recording is in.”
CHAPTER 73
THE COURTROOM HAD been cleared of spectators and press.
Sixteen men and women sat in the jury box staring at Yuki as she told Arthur to play the recording.
Lights were dimmed, but it was bright enough for Yuki to see the resolute faces of the jurors. During voir dire they had been told that evidence would include a sexually explicit video, and they were asked if they were willing and able to see such a recording and remain impartial. The twelve plus four had all said yes.
Truth was, it was still hard for Yuki to watch. The screen faced away from her, but she’d seen the ten-minute-long video so many times, she could see the action in her mind.
In the first moments the view of the bed was partially blocked by Marc’s body as he faced the hidden camera and struggled to tie his left hand to the headboard with his right.
Briana’s voice was heard clearly.
