<><><> Two weeks later <><><> September 25, 2024 — 8:00 AM <><><>
— Good morning. It is now 8:00 a.m. on September 25, and we are gathered in Courtroom Six of the Control Court, where the initial control hearing is being held in accordance with Chapter 5, Article 257 of the protocol for investigating sexual violence, which will be presided over by licenced of Law Verónica Cueto. Attendees are hereby notified that they must remain respectful and silent in accordance with Article 65 of the Code of Criminal Procedure.
— Good morning. In accordance with the instructions given by the court clerk, this hearing is now in session. I ask those present to please identify themselves, starting with the representatives of the Public Prosecutor's Office — says Judge Verónica. The attorneys for both defendants introduce themselves as Alfredo Londoño and Luis Paez. They confirm their identification and contact information, including phone number, email address, and physical address, for the purpose of receiving any notifications. Following this, Gem's attorney, private defense counsel Bianca Benitez, proceeds by responding in accordance with the same protocol.
Those present are informed of their rights to medical care in the event of a disability, emergency, or illness, as well as the option to speak privately with their defense attorneys at any time they request. After clarifying that none of the defendants has a disability that prevents them from understanding or communicating regarding the hearing process, she makes it clear that any notification will be delivered inside the prison where they are held or at their physical address in the event they are granted release. — At this time, I call upon the public prosecutor to justify the grounds for the defendants' detention — says Judge Cueto.
— Yes, Your Honor, — replies Alfredo Londoño — This prosecution appears before you to request that you rule as lawful and ratify the detention ordered by this office against Hunter Sears for his probable involvement in the commission of the criminal act of violent, unlawful sexual intercourse, as provided for and punishable under Article 205 of the Penal Code, to the detriment of the victim Gem Goldstein, based on the following facts. On April 8 of this year, at approximately 4:00 p.m., the victim, Gem Goldstein, was at her residence located at 13B 17 Cristals Avenue. At that moment, the defendant, Hunter Seard, was videotaped by the witness present, Yenedith Windmill, accompanied by Charles Fount, committing the unlawful act on the bed in the victim's bedroom, where the victim was partially unconscious and unable to move due to the excessive amount of hallucinogenic substances in her bloodstream, according to the medical report available in the courtroom, Exhibit No. 15. At that moment, the witness Charles attempts to stop the defendant, Hunter, to prevent his possible escape. He struggles with him for several seconds until he hears a cry for help from Ms. Windmill, and Mr. Hunter Sears flees the scene, only to be arrested on August 27 after being located by police officer Rafael Bermudez.
Next, attorney Luis Paez continues to describe the facts regarding William's involvement, based on witness statements. After this, Bianca Benitez presents the documents related to the sexual abuse protocol, the arrest documents, the formal complaint, the biological evidence, which includes bodily fluids, cells and the medical and forensic evidence, along with the physical examination, injuries, and tests conducted to detect sexually transmitted infections.
— In addition to this, Your Honor, we present the testimony of the victim, Gem Goldstein, and the digital evidence, which is the video taken by the witness Yenedith Windmill — says Bianca.
— Please come forward; I need a copy of the physical examination, counsel — says Veronica.
— Yes, Your Honor — she replies and steps forward with a copy of each document.
— At this time, we will begin reviewing the evidence presented. Please play the video, court clerk — orders the judge. After watching the video, the judge hears the victim's testimony and allows the public defender to proceed with questions.
— When was the last time you used cocaine? — asks Attorney Londoño.
— Two years and two months ago.
— But the toxicology report says you had high levels of psychoactive substances in your blood.
— I didn't use drugs voluntarily that day.
— Why did you invite the defendant, Hunter, to your home that day?
— I didn't invite him; William came with him.
— But you let them both in — says the lawyer. Gem takes a deep breath and nods as she exhales. Her lawyer warned her about this possible defense tactic, but the important thing is that she must remain calm and composed to demonstrate that she is a rehabilitated young woman, in control of her emotions and thoughts. — Do you remember seeing the defendant, Hunter, before?
— Four years ago or more, yes.
— Where?
— At William's house.
— What was the reason for the visit?
— William was my boyfriend; we spent a lot of time together, and it was normal for me to go to his house — says Gem.
— Wasn't it to use drugs?
— Objection, Your Honor. He's leading her — says Attorney Benitez.
— Rephrase your question — says the judge.
Londoño pauses and continues — When and where was the first time you used hallucinogenic or, in your case, psychoactive substances?
— The first time was marijuana. I was seventeen, a few months prior to turning eighteen — says Gem.
— Did someone offer it to you, or did you get it yourself?
— William offered it to me — says Gem — I was curious and decided to accept.
— Was that when your addiction began?
— You could say so, because every time he smoked, I did too.
— Were some of the times you smoked marijuana at the home of the defendant, William?
— Yes.
— When did you go from smoking marijuana recreationally to stronger substances like cocaine?
— If Your Honor will allow me, what is the purpose of these questions? — Bianca Benitez interrupts — Miss Gem had already been in rehab for over a year at the time of the events.
— Objection overruled — the judge replies — It is necessary to establish in this session, in the presence of the prosecution and the public prosecutor, that events prior to the crime may serve as mitigating factors, provide a timeline or background to what happened, but do not serve as justification for the defendants. Mr. Londoño, please continue.
— Please answer the question, — Alfredo insists.
— Six months later, when William offered me some mushrooms at his house. After that, about a week later, we snorted cocaine, and that's specifically what I was addicted to for the next year and two more.
— How old were you back then?
— Nineteen.
— What do you mean by "and two more"?
— Two more years.
— Why don't you count them as three years instead of counting them separately?
— Because… — Gem swallows hard, trying to release the tension that has built up in her throat, but it doesn't work. Tears begin to well up in her eyes as she feels a sudden warmth around her eyes and nose. The lawyer calls her by name to get her to answer the question — because after a year of cocaine addiction, my parents staged an intervention.
— Were you in rehab?
— Yes, sir.
— For exactly how long?
— A year.
— And when you relapsed, how did you get the drugs?
— I called William — says Gem — He told me to go to his house.
— And didn't your parents forbid you from seeing him?
— Yes, but I lied to them. I told them I'd be at a friend's house.
— When did you meet the defendant, Hunter Sears? — asks attorney Alfredo Londoño.
A couple of tears well up in Gem's eyes as she makes a subtle grimace. She quickly wipes them away and answers the question — I met him that day. Hunter was already there.
— Did you use cocaine that day?
— Yes.
— Did you use any psychoactive or hallucinogenic substances on the day of the incident?
— No — says Gem — Not consciously, nor consensually.
— No further questions — says Alfredo.
— Please continue, Mr Paez — says the judge.
— Yes, Your Honor — says Attorney Paez — Good morning, Miss Gem.
— Good morning.
— Did you have a job or hold down several jobs during the period of your addiction?
— No, my parents gave me a monthly allowance to spend on going out or on college expenses — says Gem.
— When your parents found out about your addiction, did they limit that financial support?
— Yes, they did.
— Did the defendant William ever refuse to share cocaine with you?
— Yes.
— How many times did he share cocaine with you?
— Only twice — says Gem. She looks toward where William is sitting, but he is unable to lift his head to look her in the eye.
— So how did you manage to get more cocaine on your own when your parents weren't giving you money and the defendant William, who was your boyfriend at the time, wasn't sharing it with you? — asks Paez.
— I contacted Hunter so he would sell me cocaine in exchange for favors or errands.
— Can you give an example of a favor or errand you did for the defendant Hunter at the time in exchange for cocaine?
— Clean his apartment. Once he asked me to cook everything in the fridge so he'd have meals ready for the rest of the week — says Gem.
— Did he ever ask you for sexual favors? — asks Luis Paez. Gem sighs in disgust and presses her lips together slightly to keep from grimacing. She maintains as neutral an expression as she can.
— Yes.
— Can you specify what he asked you to do?
— He wanted me to perform oral sex on him.
— Did you agree?
— No.
— A young woman desperate to satisfy her addiction, with no money…
— I told him no.
— It's not right to lie to the prosecution and the court — says Attorney Paez. At that moment, Attorney Alfredo takes control of the TV in the courtroom and begins playing a video in which Gem Goldstein's face can be seen. She is kneeling on the floor of what appears to be a hotel room with carpeted flooring. There is a line of at least five men in front of her, waiting their turn to be satisfied by the young woman's mouth.
Gem begins to cry almost immediately upon recognizing the video. Bianca Benitez objects to the video being presented without the knowledge of the private defense representing the victim in the case and the lack of consent to show these images. The judge orders the video to be removed and calls the three attorneys over to speak with them.
<><><><> Break Time <><><>
Gem takes a sip of water and spits it into the sink to rinse the taste of vomit from her mouth. She lifts her shirt, rubs her belly, and looks at herself in the mirror. — You should have been kicking weeks ago, but you're staying still. You don't want to be a burden, or are you dead?
— Gem, Ms. Bianca is looking for you — says Yenedith from the bathroom doorway.
Once in the small room assigned to them so they could talk in private, Bianca continues to explain what's next. — I'm so sorry that video was shown. It wasn't even presented as part of the evidence for the case — says the lawyer — They're just trying to discredit your testimony, and we won't let them. Do you understand?
The young woman nods.
— I'll probably ask questions related to the video that might be difficult to answer — says Bianca — I'll approach the subject as if it were completely new so that your answers can be admitted as part of today's testimony.
— I'm ready — replies Gem.
<><><><><><> 9:45 AM <><><><><><>
— Miss Gem, tell me about your relationship with the defendant, William — Bianca asks.
— We had a romantic relationship after my rehab a year ago; it only lasted about six months. I broke up with him early this year when I found out he was also seeing another girl, says Gem.
— At any point during those six months did he offer you, or did you see him using, cocaine or any other hallucinogenic or psychoactive substance?
— No.
— At any time, did you, Gem, ask him for or request cocaine or any other substance?
— No. He told me he was in rehab like me, and that's how he presented himself.
— Did the defendant William Hofstadter ever mention to you that he was still in contact with the defendant Hunter Sears?
— No. Still, I assumed that since he was no longer using drugs, they had surely cut ties.
— On the day of the incident, before it happened, did the defendant William ever tell you that he would be visiting your home with the defendant Hunter?
— No.
— Were you expecting a visit from William Hofstadter?
— No, we had already broken up, and I hadn't seen him in months.
Bianca nods slightly to signal to Jimena about the next questions — Did you ever do work in exchange for drugs?
— Yes.
— What kind of work?
— I was a porn actress for a few months.
— What do you think about that?
— I'm just ashamed because I did it to fund my addiction. I wouldn't want to say it's a despicable job, because I met many women in that line of work who saw it as their only option to get by.
— No further questions, Your Honor — says Bianca.
After this, the witnesses present their testimony about what they saw on the day of the incident, but the judge decides to proceed with the plea agreement without further questioning.
<><><><><><><>
During the recess before the verdict is handed down, word comes that the paternity test results have arrived. There is a ninety-nine percent match with a fluid sample found on Gem's body and between the bedsheets, but it does not belong to any of those currently under arrest.
Judge Verónica Cueto announces these results as sufficient evidence to grant the victim permission to proceed with an abortion if that is what she wishes. However, the prosecution is unable to reach an agreement with the private defense due to the verdict.
Due to lack of evidence, William Hofstadter is cleared of charges of complicity in the act of violent sexual intercourse, but he is held responsible for failing to assist a victim and causing danger, for which he would serve a twelve-month prison sentence.
Hunter Sears was found guilty of violent sexual assault based on compelling evidence of bodily fluids found inside the victim and video evidence. As a result, he will serve a twelve-year prison sentence, with the possibility of parole after serving half of his sentence.
A trial is pending, and the session has been adjourned.