Cherreads

Chapter 66 - The Verdict

— Did you throw any substance on Miss Gem to sedate her? 

— Yes.

— When?

— When I was talking to William at the entrance and then on the stairs.

— You said that according to what William texted you, she agreed to have sex with you. Is that correct?

— Yes, sir.

— Then why did you feel it was necessary to use that substance?

— I thought she had changed her mind, and since we were already there… 

— What?

— I just wanted to collect what was owed to me and leave. I didn't want the trip there to be in vain. It would only take about five minutes. 

— No further questions, says the prosecutor.

— Do you wish to call another witness? asks the judge.

— The defendant, Sebastián House — says Faiber. The man is escorted by police to the witness stand, where he stares intently at Gem for a few seconds — Do you recognize the victim?

Sebastián glances at his lawyer, who nods — Yes, sir.

— Can you point her out?

— That's her, the pregnant woman in the front row.

– Have you seen her before?

— Yes, last year when Wilmer invited me to his house.

— Did she ever speak to you?

— No, I never exchanged a word with her.

— According to the forensic report, your semen was found in Gem Goldstein's vaginal and oral cavities, and the paternity test attached to the evidence matches your DNA at a rate of ninety-nine point nine percent. Did you have sexual relations with her? 

— Yes.

— And was she conscious before, during, or after these sexual encounters?

— No. 

— Can you be more specific?

— She was not awake at any point during the sexual encounters. 

— Did you witness how Humberto might have drugged the victim?

— Yes.

— Why didn't you call the police? — asks Faiber.

— I didn't want to get into trouble; I thought she was just a prostitute, I thought she was at Wilmer's house and that he had called her.

— No further questions, Your Honor — says the prosecutor. 

Attorney Kevin Melecio asks for a moment to ask some questions — Did you know that the victim, Gem Goldstein, would be at the residence where you were summoned?

— No, sir.

— No further questions — says Kevin.

— One question, Your Honor — Bianca asks.

— Proceed — says the judge. 

— Did you ever come to the victim's aid?

— No.

— Did any of them threaten you to make you participate in the sexual act with the victim?

— No.

— No further questions — says Bianca. Next, the prosecutor calls Yenedith to the stand as a witness to conclude his closing arguments.

— Do you have any other witnesses to call? — asks Ismael when Yenedith returns to Gem's side. 

— No, Your Honor. The other witness we were counting on for today passed away — says Faiber.

— What did you say? — whispers Yenedith.

— Charles was murdered. Didn't you know? — says Gem.

Finally, Bianca shows some security footage obtained from the house across with a view of the street, where the vehicle can be seen, and later Hunter and William getting out of it and entering Gem Goldstein's house just as she collapses.

— I understand, prosecutor and attorneys, this is all the evidence. Is that correct?

— Yes, Your Honor — replies the prosecutor, as do the other attorneys.

— We will now proceed with the closing arguments — orders Ismael — Please, starting with you, prosecutor.

— The purpose of the opening statement was to prove that the defendants intentionally committed the crimes of chemical sedation, violent sexual assault, and aggravated assault. Your Honor, based on the text messages, the testimonies, and the time of arrival of the witness Yenedith Windmill at the scene, which was determined from the timestamp of the recording made with her cell phone. The defendants spent approximately four hours continuously sexually abusing the victim and destroying her valuables. None of them stopped to assist the victim or call for help, which put her life at risk. Gem Golstein was found unconscious with her genitals and thighs with blood due to the severe injuries caused by the brutal sexual abuse, which subsequently led her into a coma from which she did not awaken until thirteen weeks later. In addition to this, she had to cope with the psychological trauma of discovering an unwanted pregnancy after the medically required weeks had passed to prevent childbirth labor through the abortion procedure. Furthermore, the prosecution has established that the defendant, William Goldstein, should be charged not only with failure to render aid but also with being an accomplice to the crime and aggravated sexual abuse, because he engaged in a sexual act with a person who was seriously injured and unconscious. That is all, Your Honor.

— Miss Gem Goldstein, if you have any final statement, you may make it now — says Ismael. 

— Yes, Your Honor — says Gem. Then she stands up from her chair with Bianca's help — I was someone who recovered from addiction because I realized my life was valuable, that I could inspire others to improve. Now I must find another reason to hold strong to this belief. I believe that if the justice system demonstrates that sexual violence is not justified, many more people who were victimized like me will feel protected.

Judge Ismael remains silent for a few seconds after Gem takes her seat. Then he continues — You may proceed, Attorney Luis Páez.

— Mr. William Goldstein did not plan to drug and sexually abuse Gem Golstein. My client was threatened with a knife and even beaten unconscious when he tried to stop the other defendants, and he was prevented from calling for help. Without downplaying the severity, the events that occurred on April 8 fall outside the scope of premeditation. 

— Defendant William Hofstadter, do you have any final statement? 

— No, Your Honor. 

— Attorney Alfredo Londoño, please proceed with your closing arguments — says Ismael. 

— It is important to remember that, according to the evidence presented, the defendant, Hunter Sears, did not plan to visit the home of Ms. Gem Goldstein, and his actions regarding the property at the victim's residence were mitigated by the possibility of losing his life at the hands of armed gangs. 

— Defendant Hunter Sear, if you have a final statement, you may make it or choose to remain silent — says the judge.

— I remain silent, Your Honor.

— Attorney Kevin Melecio, you may present your closing arguments.

— Today, it could not be proven that the defendant Sebastián House vandalized Gem Goldstein's residence. That is all, Your Honor.

— Defendant Sebastián House, do you have any final statement, or do you wish to remain silent?

— I remain silent, Your Honor. 

— Before the ruling is handed down, the session will be adjourned at 12:24 p.m. on January 9. It will resume on the same day at 3:00 p.m. — says Juliet, the court clerk — Please file out in an orderly and quiet manner.

— Let's go have lunch, and then we'll stop by a nail salon so you can get a foot massage. What do you think? 

— Sure — says Gem. 

— Remember to be here ten minutes early. See you later — says Bianca — Are you coming with me, Mr. Prosecutor?

— Of course — says Faiber.

— Thank you so much for your help, for standing by me — says Gem.

— It's our job — he says.

— What do you think the verdict will be? — asks Yenedith. 

— We have all the evidence in our favor, and the impact it had on Gem's life. Although I can't guarantee what will be decided, this time I have a strong feeling.

Gem nods and follows Yenedith into the restaurant. — Good afternoon. What would you like to order? — asks the waitress.

— Chicken soup with roast pork, please.

— For me, carrot soup and some ribs, please — Yenedith hands over the menus — I'm so sorry for everything that happened. How are you?

— I knew those three had abused me and… my recovery was long, but even so… — Gem gasps and suppresses a sob by taking a sip of water, which doesn't help much. She breaks down in inconsolable tears. Yenedith sits down beside her and hugs her tightly, letting her sobs drown against her shoulder until the waitress arrives with the food, and they struggle to maintain their composure. 

<><><><> 3:00 PM <><><><>

— The speaker believes that the prosecution has proven beyond a reasonable doubt that the adult victim was sexually assaulted in the genital and oral areas of her body, at her own residence located at 13B-17 Cristales Avenue, which was vandalized during the incident. This finding is supported by the testimony of the victim, Gem Goldstein; the defendants: Sebastian House, William Hofstadter, and Hunter Sears; the police; and medical experts, as well as the medical and audiovisual evidence presented at this hearing. The psychological effects suffered by the victim are clearly demonstrated by the testimony of psychiatrist Kelly Gamboa. I consider these acts to be characteristic of the crime of sexual abuse, a crime of a malicious nature that was fully carried out — says Ismael. — Please stand for the verdict. — William Hofstadter is found to be a co-perpetrator of the acts with malicious intent. I find him guilty and sentence him for the charge of aggravated sexual abuse against the victim Gem Goldstein, in addition to the previous charges filed — at that moment, Prosecutor Faiber smiles at Gem and nods. Ismael continues — The following verdict is a condemning one, based on the following reasons. The evidence presented by the prosecution establishes beyond reasonable doubt that the defendant, Hunter Sears, on April 8th of last year, not only chemically sedated the victim but also raped her. This act is corroborated by digital photographic evidence, which clearly shows the defendant on top of the victim's unconscious body. Furthermore, this is corroborated by the medical report, which demonstrated high levels of an unknown substance that partially affected the victim's vision in the months that followed. We also have the defendant's statement, in which he admitted to having forced sexual relations with the victim; consequently, the guilty verdict is upheld. As for the defendant Sebastian Sears, the evidence presented and his own testimony are reaffirmed as corroborating the facts, to the extent that the victim is now pregnant. Therefore, I find him guilty and sentence him for aggravated sexual assault. 

More Chapters