2 months on Dianne was sitting in her lawyer’s office. Her life in ruins, her only strength has come through her daughter. Dianne sent her off to live with her father, changed her school. Although she never admitted to the charges pleading not guilty, she didn’t want to humiliate Jo any further.
“Dianne I can confidently say that the prosecutor’s evidence is all circumstantial. I will be able to blow away the waiters story about seeing you and Darien having coffee and acting all intimately, your neighbour saying he saw you having sex. From the pictures I will show the jury there is no way he got a clear sight, what he saw was Darien having sex with someone, probably a friend you didn’t know about that night. You did say she used to let herself in and out.
Dianne nodded
“No doubt you were upstairs in your room reading a book. As for all the intimate details, it’s just a girl’s fantasy written down in a diary… it shows no proof”
Dianne sat up “a diary… what diary”
“Dianne most of the evidence for this case comes from Darien’s diary. All the so called rendezvous she claims to have happened at your house are nothing more than the girl’s over-active imagination. The police can’t even get Darien to admit to whether it is true or not. She is not talking to anyone.”
Dianne shook her head “she kept a diary”
“Uh huh, the jury is not going to believe a mother who has a daughter the same age was having an affair. You have a strong backing from friends who will testify that you have always been a wonderful mother and role model. I’m going to show Darien up to what she is…. a liar”
“It’s not her fault Jaime… she’s just”
“Confused… I know you keep saying but you can’t keep sticking up for her. You are the one on trial…. Not her.
That evening Dianne was alone in her house, she sat at the table drinking coffee. Dianne was so tired, she wanted this over. She was sick of feeling ill, hearing the whispers. Her friends divided. Once the case was over she was going to sell up and move closer to Jo and Todd.
Her thoughts disturbed by knock, she ignored. It persisted followed by door bell. She answers the door and tries to shut the door
“wait…wait Dianne I need to talk to you, I need you to know”
“Darien you can’t be here… you can’t be anywhere near me there is a restraining order against me. I could end up in gaol until my hearing so please you must go.”
Darien closes the door behind her, standing in front of Dianne “no just listen to me”….
She starts crying “I want you to know that I didn’t say anything to the police, to my parents… to anyone. I know I shouldn’t have kept a diary but…. I couldn’t believe my Mum. She violated my privacy.”
“Darien… please leave.” Ordered Dianne a little more firmer
“You wouldn’t do that to Jo” Darien continued
Dianne eyes narrowed “yeah I would and yeah I have. How did you think I knew about you and my daughter….. As a parent you need all the insight into your children’s lives. I was just so stupid to even think this would never come out. Darien leave now or I will call the police.”
Day 1 in court Dianne was fidgeting outside the room. Nervously drinking coffee her daughter smiles
“Mum its going to be ok….. Jamie is not going to let her get away with it” waiting for confirmation from the lawyer.
He nods
“Yeah honey but mud sticks…”
“Well I believe you and I’m standing by you”
“Thanks” she looked to the other end of the corridor to see Darien looking sadly back them. Darien’s Mum and Dad try to get her to move inside the court room
Jo sees her and starts screaming at her, begins to make her way towards Darien when Dianne stops her “no…. please don’t make it worse baby” she hugs her daughter
After two hours the jury had head from various friends and work colleagues of Dianne, all painting the same picture. She was a good mother, friend and never seen her act inappropriate with anyone.
The prosector mapped out the events that happened during the time Dianne’s daughter was staying over at her father’s. Them going out for a date at a coffee house, the day she had off work so she could stay home and continue on with her affair with Darien and how she preyed on Darien who was already in an emotionally vulnerable state, trying to figure out who she was and where she fitted into society. How in police interview Dianne didn’t deny Darien had spent more than one night over that they had discussed her sexuality and had kissed in hospital which was witnessed by Darien’s Mum. Not to forget the neighbour who had seen the two being intimate on the outside table next to the pool
After lunch Jamie got up to address the court saying that the events that have been alleged were nothing than circumstantial, hear-say and the fantasies of a young adolescent who had a crush. When the affections were not returned used words in a diary to hurt and humiliate Dianne, a spoilt child who couldn’t get her own way. All which could have been prevented if Darien’s parents had taken more of a parental role in her life rather than leaving it up to Dianne. The only person who obviously is open minded about issues that her parents chose to ignore.
The prosecutor introduced his first witness, the waiter from the café who told of what he saw and how cosy they looked, like a couple laughing and giggling and holding hands sharing piece of cake.
Jaime got up and buttoned up his jacket moving towards the waiter
“Have you ever shared food with someone Mr Limmer?”
“Nope” said the waiter
“So you never shared bag of hot chips or nachos with a friend?”
“Well yeah”
“How about a beer, the last bottle between two mates?”
“Hmmm yes I guess”
“Must have been a cosy?”
“No of course not”
“How do you know?”
“I know”
“Oh but what if someone across the other side of the room saw you sharing with a friend, you laughing with your friend…..how would they know you were only just friends and nothing more.”
He shrugs
“Now you claimed they were laughing and giggling, what was it about?”
“I don’t know”
“But in your statement you said that they were making suggestive remarks. What were those remarks?”
“well I didn’t hear exactly, but it was obvious they were not just talking about the weather”
“So they could have been talking about the movie they just saw, how funny it was”
“I didn’t know they went to a movie”
“Oh… so perhaps it was a funny joke they shared… what was it?”
“It don’t know I didn’t” he stopped
“You didn’t hear anything. What you saw was two people sitting down having a coffee and laughing. You assumed there was more to it.”
“yeah… but they were cosy and holding hands” he pushed out feeling fluster
“cosy… they were sitting next to each other, arm in arm?”
“No… they sitting opposite each other”
“What made you think it was cosy?”
“Because they were whispering, and acting all childlike”
“Who was?”
“Them….”
“Mrs Marshall?”
“Well no…. not her but the other girl”
“Darien, who we all know is 17. Did you not expect a child to act child-like when out in public, to show off in front of people?”
“Objection” calls the prosecutor “Mr Limmer isn’t an expert in how people should act in their age group.”
“Ok I will rephrase. When you have customers that come in with children, do they play up sometimes, running around the shop?”
“yes”
“Do they talk loudly, cry, make a scene when they can’t have what they want”
“yes”
“So isn’t it possible that Darien was simply showing off.”
“I guess but they still held hands”
“ok.. Lets visit that then. Did they come into the shop hand in hand?
“I didn’t see them come in”
“Ok so when you took their order, were they holding hands then?”
“no… when I returned to collect their cups they were holding hands” he cleared his voice.
“So you say they were openly holding hands for everyone to see.”
“no… they were trying to hide it.”
“How”
“Well the young lady took hold of Mrs Marshall’s hand”
“And what did Mrs Marshall do….. hide it under the table away from your view?”
“hmmm no not really”
“Oh so she just sat there calmly while Darien took her hand”
“Not exactly?”
“so what did Mrs Marshall do. You saw it all…… you told the police, now tell the court what you saw
He cleared his throat “Mrs Marshall got up, and told her off”
“What did she say to Darien?”
“Something like behave yourself or grow up”
“So Mrs Marshall was annoyed?”
“yeah I guess…”
“What happened then?”
“She left and the young girl left as well”
“Was Darien still laughing, having a good time?”
“Hmm no I think she was crying….”
“No further questions from this person your honour”
The court was adjourned for that day
Day 2
The detective 2 was in the box ready to testify to his evidence. The prosecutor asked the senior detective to read parts out of Darien’s diary
It was so incredible, so unbelievable, we made love all night. My body couldn’t get enough of hers. Dianne went down on me 3 times, it was so beautiful. Hours we made love, I could have gone longer but she needed to rest. She knew exactly how to make love to me and admitted that she was bi-sexual. I’m totally in love with her.
It was the best night ever. Dianne begged me to fuck her, in the pool and on the table. She called to me and I thought this was it, she loved me but I learned how cruel women can be. She no longer wants me, she can’t stand to look at me because I am her daughter’s age. I know deep down she is scared of her love, I just miss her so much.
I can’t handle it anymore, she won’t return my calls, she ignores me in the shopping mall. I hate myself and I hate her for making me fall in love. I can’t live without her, I don’t want to live. I bet she wouldn’t even come to my funeral. Fuck her, fuck Dianne, I hate you
Dianne felt ill at recounting the moments and the reminder that Darien nearly succeeded in killing herself. The detective continued on
He told the jury about the interview, her reluctance to cooperate and upon further investigation believed that Mrs Marshall had indeed been having sexual relationship with Darien, all which could be backed up by her next door neighbour hearing them late one night. Also the kissed they shared in hospital that was witnessed by Darien’s mother. Believes that the diary is genuine account on what had occurred and inadvertently the rejection led to Darien’s attempted suicide.
Dianne’s lawyer got up and moved over to the detective.
“So detective you believe this diary is a true and actual account of events that transpired in Mrs Marshall’s place those few nights?”
“yes I do”
“No chance that Darien was making it up, moments of fantasy written up as just fiction”
He didn’t answer
“Darien’s teachers have all testified that she has a very vivid imagination, she is very creative in her English classes and writes poetry. How do you know she hasn’t just made it up?”
“It’s too detailed”
“Isn’t it possible that it is the pen-man-ship of a sexually frustrated teenager? Trying to come to terms with her sexuality?”
“No”
“Not the expressions of a teenager who tried to win the affections of Mrs Marshall and when she was rejected made up these ridiculous scenarios?”
“No….”
“So when you interviewed Darien she confirmed all this to you in a written statement.”
Detective 2 paused
“Detective did Darien confirm this?”
“No she did not”
“Well then what did she say?”
He gritted his teeth “she wouldn’t talk to us”
“Really, because she knows that it was false”
“no because she was embarrassed and upset. This has severely scarred Darien to the point where she tried to commit suicide. Your client is responsible, she took advantage of this young girl for her own sexual gratification.”
“I don’t believe you have established anything Darien has stated here today detective as being true and accurate”
“they were seen kissing in hospital, Mrs Marshall couldn’t stay away and it just made things worse.”
“Detective how big is Darien?”
“I don’t know nearly….. 6ft”
“She plays basketball”
“I believe”
“Would you say that she looked considerably strong?”
“I don’t know.”
“You have dealt with various people over the years, you should be able to give your opinion on this girl physically. I mean you know that she works out in gym twice a week and plays basket ball twice a week”
“Yes she looks like she could handle herself.”
“now look at Mrs Marshall, she is no where near the size of Darien and yet when she told you in a statement that she was unable to fend off the ‘sexual advancement’ why did you not believe her.”
Detective shrugged
“Ok then detective if Mrs Marshall had forced herself onto Darien, do you think Darien could have easily fender her off, I mean she’s tall, strong, athletic?”
“She possibly could.”
“so if the tables where turned, that Darien had hold of Mrs Marshall could she have fended of this young girl?”
Detective growled “No…. she couldn’t”
“Now detective during your 4 hour incarceration of Mrs Marshall, she never denied that Darien stayed over, even when daughter wasn’t home”
“that’s right”
“Mrs Marshall even admitted openly that she believed Darien had a crush on her”
“yes”
“She also denied having sexual relationship with Darien too?”
The detective sneered and looked at Mrs Marshall “no she did not”
“No she wasn’t having sex or she denied”
“She did not answer the question”
The lawyer faltered for a moment and gathered his thoughts. “so you saying that you brought charges against her just because she didn’t answer your question, a little bias don’t you think?”
“We believe that she had been inappropriate with Darien and when she refused to answer that question and we asked it 3 times she didn’t answer it, then asked for a lawyer.”
“So in your books that makes her guilty”
“In my years of experience a person will admit they are innocent whether guilty or not. But when you don’t admit one way or another, well you can make your own judgements.”
“Oh so you made a judgement on your years of experience?”
“objection…..” called the prosecutor “is he answered the question and is now badgering the detective over doing his job.”
“No further questions.”
At lunch Dianne just stared at her lunch when Jamie spoke up “its ok, the detective was just grand standing over his statements. He knows that his evidence is weak and is just trying to use his status to influence the jury. Don’t worry”
“Well he was convincing, I was just too overwhelmed at his questions, he wanted answers and I just didn’t get time to think. I knew everything he was going to write down was twisted, oh god… I’m so glad my daughter wasn’t here today.”
Jamie pat her hand “hang in there, we just have the neighbour to go and then.”
“then…” she looks up
“Tomorrow Darien will be put on the stand”
Diane broke down and cried “I don’t think I can take anymore of this Jaime”
“It’s just a few more days. I am going to show up Darien as the liar she is, and not the victim they all claimed. I will tear her fantasies apart in front of everyone. She will think next time before she tells lies”
“She’s only a child Jaime.”
“Be that as it may, she made up lies and now she will have to own up to it and I will make her life so miserable on that stand. I will crush her so she thinks twice before carrying on like this again. My job is to represent you, that is my job and you can’t be worrying over this girl.”
“I can’t help it…. She’s so lost….”
“Too bad, tuck those feelings deep Dianne and remember she is not the victim here, it is you.”
Dianne drinks her coffee for well knowing that Darien was the victim and both lives will always be ruined because of a few moments of weakness. “Please Jamie just remember she is a child regardless.”
Day two after lunch
The neighbour spoke of that night in the pool, he heard the commotion in the pool and saw the two girls having fun in the pool and then it turned sexual and knew it was Darien because her name was called out during the encounter. He also felt repulsed as his daughters were always going over for a swim.
“Mr Dansen you testify that you saw both women having sex in the pool and then outside the pool?
“Yeh, you are a terrible persons Dianne” he yelled
“While in my court only speak when spoken too” growled the judge
“Sorry your honour”
“So from your fence you had a clear and unrestricted view of the scene in Mrs Marshall’s pool?”
Jaime passed out photos showing the spot where Mr Dansen was supposably standing
“well…. I could see through the lattice fencing into the pool.”
“hmm so you could identify that one was Darien, how did you know?”
“Because her name was being screamed, so yeah it couldn’t have been anyone else.”
“And the other woman?”
“Dianne Marshall”
“Did you hear her name called?” asked the lawyer
“eeerr no”
“oh then how did you recognise it was her?”
“I just knew…..” he said firmly
“But how….. how could you see clearly it was her on the table when there is a pillar blocking.”
“I just knew.”
“Your eldest goes over regularly for a swim right”
“yeh, but not now”
“Was Dianne always home?”
“no….”
“So your daughter would just trespass?”
“No… Dianne said it was ok”
“Right, so Dianne let those she trusted use her pool?”
“yes…”
“So how can you be sure that night Darien wasn’t with one someone she picked up at a club?”
“I”
“How can you be sure Dianne was not upstairs in bed reading a book?”
he shrugs
“Dianne seems to be guilty of trusting teenagers”
He shrugs again
“Wasn’t it Dianne who bought to your attention last year your eldest daughter had sneaked her boyfriend in with her.”
“Yes”
“So she was concerned enough to warn you on what was happening under your nose and you reward her by accusing her of something you can’t be sure you saw.”
“well… I just”
“What… assumed… she is guilty. You should be ashamed for jumping to conclusions.”
“Just so the jury can be clear are you absolutely 100 sure that it was Mrs Marshall with Darien that night in the pool?”
“ummmm no.”
“Thank you, no more questions”