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It surprised Jack that a man like Shaky was willing to admit in open court that he’d seen a psychiatrist. It surprised him even more that Imani had neglected to tell him.
“Did your psychiatrist ever diagnose you with any psychological or emotional condition?”
“Objection,” said Jack. “The clear implication here is that my client caused some kind of psychological injury.”
“Exactly what is your objection, Mr. Swyteck?” the judge asked.
The real “objection” was that Jack wanted to know more about his client—and fully understand what he’d gotten himself into—before going down this road of alleged psychological abuse. He found a legal hook.
“Any diagnosis should be presented through medical records or the testimony of Mr. Nichols’s psychiatrist,” said Jack.
The judge grumbled, as if he didn’t like the fact that Jack was right. “We’re not bringing a psychiatrist into this hearing. The objection is overruled. But Ms. Ellis, keep this short.”
“Yes, Your Honor. Mr. Nichols, what diagnosis did you receive?”
“I was suffering from post-traumatic stress disorder as a victim of what is called forced penetration.”
It just kept getting worse. Jack had seen “forced penetration” charges only against women who had sex with boys too young to consent to sex, but the definition was broader. These were undoubtedly the sexual assault “charges” that Shaky’s lawyer had offered not to press in their “settlement” discussions. It was red meat to the media. An entire row of reporters were on the edge of their seats.
Ellis continued, “Exactly what was the nature of this forced penetration?”
He sighed heavily, playing the part of the reluctant witness. “I was forced to penetrate Imani’s other partners against my will.”
“Did these ‘other partners’ include both women and men?”
“Ooooo-kay,” said the judge, stretching out the word. “We get the picture. Counsel, I told you I would keep a tight rein on this.”
“Your Honor, please. We have sixteen text messages in which Imani apologizes to my client for incidents involving forced penetration. This will prove that this isn’t a case about free speech. We are dealing with an abuser who is dead set on inflicting more pain on her victim.”
Jack’s client had left him ill-prepared to argue over spousal abuse and forced penetration, let alone sixteen apologies. He had to shut this down and get Imani alone in a room with him. Appealing to the judge’s discomfort was his best strategy.
“Judge, we have gone way off the rails here.”
The judge breathed in and out. “Ms. Ellis, I take your point. But I agree with Mr. Swyteck. I’m not going to turn this hearing into yet another case of a self-destructive celebrity couple who seem determined to air their dirty laundry in a courtroom.”
Ellis would not back down. “It is critical that the court review these text messages.”
“Your Honor, the defense has not even seen this evidence,” said Jack.
“All right,” said the judge. “A short break is in order.Isure need a break. Ms. Ellis, give copies of the text messages to my judicial assistant. I will review them in chambers and return with my ruling. This court’s in recess until three o’clock,” he said, ending it with a bang of his gavel.
All rose at the bailiff’s command, and the silence lasted not a nanosecond longer than it took the judge to exit through the side door to his chambers. Reporters rushed to the rail and fired questions at the pop star and her lawyer.
“Imani, is it true you had an open marriage?”
“How many other partners did you force your husband to have sex with?”
“Are you sleeping with your lawyer?”
Jack cringed at the questions, especially the last one, especially since he hadn’t spoken to Andie yet. They needed privacy until the hearingresumed, and the empty jury room was the only place that came to Jack’s mind. He told Theo to lead the way, which was like following an NFL all-pro lineman through the defense. The reporters trailed them down the hallway, and the questions kept coming. Jack and Imani disappeared into the room, and Theo took his place as sentry.
In a criminal case, Jack didn’t always want to know if his client was guilty. But there was no presumption of innocence and no Fifth Amendment right against self-incrimination in a civil case.
“Is any of what I just heard in that courtroom true?” asked Jack.
“Not a word! Shaky was the one always pushing for threesomes and an open marriage. That’s why I divorced him!”
“What about the sixteen apology messages?”
