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Wrongfully Accused

Category: BDMS
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Brian was sipping coffee and taking in the vista of the Long Island Sound from the oversized sun room at the rear of his mansion in Old Field. The room was what he had built the entire house around, and he had cleared out trees and brush in order to afford himself an unobstructed view of the water. There were few things in life that made him as happy as the sight of the water and the ever present smell of the salt air.

His reverie was broken by the sound of the ringing doorbell. With slight irritation, he turned and walked to the main entrance hall of the house. He became a bit alarmed when he peered out the sliver of window beside the door and saw two uniformed police officers on the landing. Unlocking and opening the door, Brian addressed the officers standing before him.

“Can I help you?”

“Are you Mr. Brian Flood?” asked the taller of the two officers.

Brian noted that both men were watching him carefully and each held a hand close to his weapon. Feeling a bit unnerved, he looked back and forth at each of them.

“Yes, I am. What is this about?”

The officer closest to the door took a step forward, positioning himself in the doorway and ensuring that Brian would be unable to close the door. “We have a warrant for your arrest,” he said. “Another team is on their way here with a warrant to search the premises.”

Taking a step back, Brian looked at the officers, shock apparent on his face. “A warrant for my arrest? For what?”

Ignoring the question, the lead officer asked one of his own. “Do you have any weapons in your possession or on your person right now, Mr. Flood?”

“What? No, of course not,” responded Brian.

“Please turn around and put your hands against the wall, sir.”

“I…I don’t understand,” stammered Brian.

“Sir, please do as I’ve instructed.”

Brian stared at him for a moment, then let out an exasperated sigh and turned around, putting his hands on the wall as he had seen done on hundreds of cop shows. The officer moved in behind him, kicking his feet further apart and then patting him down in search of a weapon. Finding nothing, the officer reached up, grabbing Brian’s right wrist and pulling it behind his back. Brian could hear the telltale sounds of a pair of handcuffs being opened, then felt the officer attach one half to the wrist behind him. A moment later, his left arm was pulled back, and the shackle was placed around his other wrist.

The officer turned Brian around to face him. He pulled a card from his pocket and read Brian his rights. When he had finished, he returned the card to his pocket.

“Do you understand your rights that I have just described to you?” he asked.

“Yes, yes. But what is this about? I haven’t DONE anything,” responded Brian.

“Do you know a woman named Nancy Gaines?” inquired the officer.

“Nancy? Yes I know her. Is she okay? Did something happen to her?”

“Evidently, you happened to her, Mr. Flood. She has accused you of unlawful detention and rape.”

Brian felt as if he had been hit in the gut with a battering ram. Dropping into a chair behind him, he looked up at the two officers. “I…I don’t understand this at all. She said that? She said I raped her?”

“Did you have sex with Ms. Gaines?” asked the second officer.

Feeling as if he wanted to vomit, Brian hung his head down and sighed. “I think I’d better get an attorney before I say anything else,” he said to the officers.


The police cruiser pulled up to the door of the sixth precinct house in Selden. The driver got out of the car and opened the rear door, guiding Brian out of the vehicle and escorting him into the building. Amid the chaos of the station house, Brian was fingerprinted, booked, and placed alone in an interrogation room. A short time later, the Suffolk County Police Chief and the Precinct Station Commander entered the room and sat across the table from Brian.

“What the hell happened, Brian?” asked Jim Burke, the police chief.

“I wish I knew. I think I’m a little in shock here.”

“These are serious charges, Brian, and this one is going to be a political hot potato. I spoke with Steve Bellone before I arrived here. We’re going to have to make sure we follow protocol to the letter. We can’t have the appearance of any impropriety or favoritism in this case. Reporters will be all over the fact that you are friends with both the Suffolk County Executive and Chief of Police. Do you understand?” Jim asked.

“I do, Jim. Jesus. I didn’t support the two of you with an eventuality like this in mind. I could never have considered such a thing.”

“What the fuck happened, Brian?”

“You’re a cop, Jim. I can’t have this discussion as if we were just friends. Even if you believed me, you’d still have to go through each step of the investigation and take appropriate action. Like you said, the press will be watching.”

“Does that mean there is something to these charges?” Jim queried.

“All I will tell you is that I didn’t do what Nancy has accused me of, and that the truth is not what it may appear to be as you gather evidence. Of course, you hear that from every criminal you meet, don’t you?”

“So what is the truth then, Brian?”

“We’ll get to that after my attorney arrives, Jim. As you said, you’re in a bad spot on this. You can’t just take my word, and anything I say may be twisted by an intelligent prosecutor to sound like something else. I’d rather wait for my attorney before we talk any longer.”

“I’m trying to help you, Brian.”

“We’ve been friends for a long time, Jim. I understand that I can’t tap into that friendship and ask you to help me now. But I also ask that you don’t tap into it to do your job as a police officer. Your hands are tied, so the only thing that can happen if we continue to talk is that our conversation can hurt me. Please.”

“Okay,” replied Jim as he rose from his seat. “We’re going to try to get you arraigned this morning. Just hang tight, Brian. If nothing else, at least we can try to speed things along for you.”

“I appreciate it, Jim.”

The station commander rose from his seat and nodded at Brian, then left the room with Jim. Brian sat in silence, feeling sick to his stomach. He’d never been in real trouble before, but he knew that lucky streak had ended.


Alex Stanton had spent the previous hour listening to his client describe what had gone on with Nancy Gaines. He had taken extensive notes during the retelling, peppering Brian with questions along the way. Staring down at the sheets of paper before him, Alex sighed and looked up at Brian.

“The police have found a number of items of interest at your home, several lengths of rope among them. They are sure to run them for DNA.”

“Yeah. And they’ll come back as a match for Nancy.”

“They have the rape kit. They’ll want a sample of your DNA too. They’ll get it one way or another. We won’t fight them on that.”

“Okay. This is fucking ridiculous, Alex. How the fuck can she just lie like this and get away with it?”

“Obviously, every bit of evidence in this case is going to make sense for both the story Nancy is telling and the one you are telling. I’m afraid that in the end, this will come down to who a jury believes based upon their testimony. Frankly, I’m a little worried. Your sexual proclivities may not play well with the typical middle class suburban homeowner that will likely be on a jury.”

“I’ve done this with quite a few women. Couldn’t they testify on my behalf?”

“First of all, I’m guessing some of these women wouldn’t exactly want their names dragged into all of this. Secondly, painting a picture of you as a depraved sex addict isn’t going to help your case with these people. Lastly, even if they buy all of that, it will be very easy for the prosecutor to imply that Nancy wasn’t interested in such play, and you forced her anyway.”

“So what the hell can we do?”

“You say that you and Nancy engaged in these acts on several occasions?”

“Yes. This past time was the fifth time we got together.”

“Can you prove that? Do you have security video showing she came to your home in the past? Anything?”

“No. I have cameras, but no video. I mean, we talked on the phone. Maybe that could help?”

“Maybe. I think we’ll have to do some background work on Ms. Gaines. We need to poke around her personal life a little. If we can find other men that she engaged in such acts with, that will help your case.”

“Jesus Christ, Alex. You never realize how tenuous our freedom is until something like this happens. To think that I could go to fucking jail for something I didn’t do. It’s insane.”

“That it is my friend, and it does happen. Let’s get through this arraignment and get you out of here so we can move on to the next steps we need to take.”

“Okay. Thanks, Alex. I appreciate your help.”

“No problem, Brian. You can thank me by paying my bill promptly. And staying the hell away from my daughter,” he said with a chuckle.


Brian and Alex sat on one side of a conference room table across from Sarah Reese, the Assistant District Attorney. She was organizing a small stack of papers on the table before her in preparation for her interrogation of Brian. Sarah was tall and visually stunning, with long auburn hair and light hazel eyes that had the potential to mesmerize a person. She had feminine curves, but was quite obviously an athlete as well. Unable to contain himself, Brian watched her as she prepared, and couldn’t help but like what he saw.

“What kind of training do you do?” he asked her.

“Excuse me?” replied Sarah, looking up at him.

“You know. Working out. Training. You’re obviously quite athletic. I’m just curious.”

Sarah looked over at Alex, who was frowning at his client’s apparent lack of judgment.

“I’d say you have quite a bit more to be concerned about than what kind of exercise I do, Mr. Flood. We are about to discuss a heinous crime, and you’re sitting here asking me a personal question? Seriously?”

“Is that what we’re doing here, Ms. Reese? I thought we were here to get at the truth. You seem to have already decided what the truth is, without so much as speaking to me.”

“Of course I want to get at the truth, Mr. Flood. You do understand that there is a significant amount of evidence against you, don’t you?”

“You do realize that the evidence you have can support a number of different scenarios, don’t you?”

“Well, why don’t you tell me your side of the story then, Mr. Flood?”

Alex put a hand on Brian’s wrist. “I really think this is a mistake, Brian. There will be enough reasonable doubt in this case for a jury to come back with an acquittal. This discussion can only hurt you.”

Brian turned to his attorney. “You’ve already made your legal opinion clear on this point, Alex. Frankly, I don’t want an acquittal. I want my name cleared and all charges dropped. You realize that I’ve done nothing wrong, and my reputation has been irreparably damaged, don’t you? It was never my intent for my sexual proclivities, as you call them, to be public knowledge. Now that will be unavoidable. At a minimum, I want to ensure that there are no doubts about my innocence.”

“I understand that Brian. But this…”

“This is providing the District Attorney’s office with the full story before we go to trial. I want them, and Ms. Reese here in particular, to have the opportunity to reconsider and drop these false charges before we have a trial.”

“I am representing you Brian, and I will do as you wish, but I am stating for the record that I think this is a mistake.”

Ms. Reese watched the interchange as if watching a tennis match. “How long did the two of you rehearse that little scene for me?” she asked. “Very well done, I must say.”

“Were you born a skeptic, or was this learned behavior?” Brian asked her with a distasteful smirk.

“You develop a healthy skepticism, Mr. Flood, dealing with felons who all insist they are the victims. Shall we begin now, or do you have another speech or inappropriate comment you’d like to make first?”

“There are always inappropriate comments I’d like to make, Ms. Reese. But my attorney here advises me against such things.”

“Jesus, Brian. Cut the crap, okay?” snapped Alex. “This isn’t a fucking joke.”

“Thank you, counselor,” said Sarah. “Let’s get started. How did you meet Ms. Gaines?”

“I met her at an art show a few months ago. There were several works that we both had a great deal of interest in. That interest sparked a conversation between us.”


“The show. The pieces we liked.”

“Tell me about them, Mr. Flood.”

“It was a showcase of erotic art. These particular works depicted women in rather submissive positions.”

“Do you enjoy victimizing women, Mr. Flood?”

“Such formality, Sarah. Why don’t you call me Brian? As the old joke goes, my father is named Mr. Flood.”

“Do you enjoy victimizing women, Brian?” Sarah repeated.

“No Sarah, I do not. I have no desire to do to a woman that which she doesn’t want done.”

“So taking advantage of a woman in a submissive position is not victimizing her?” Sarah asked.

“No, it isn’t. No more than she is taking advantage of me if I’m in a dominant position, Sarah. A woman that intentionally puts herself in a submissive position of her own accord is offering an invitation.”

“Are you saying that’s what Ms. Gaines did? Offer you an invitation?”

“Yes I am, and not only the first time we were together. She did it every time.”

“You were with Ms. Gaines more than once?” queried Sarah with a puzzled look on her face. “She didn’t mention that.”

“Five times, actually. The first time was the evening we met. She spent the night at my home.”

“Okay, Brian. Let’s assume for a moment this is true. What happened?”

“We had a cocktail or two, and I showed her around the house. At some point, she excused herself to go to the bathroom. I waited for her to return, and she didn’t. Wondering what she was up to, I went looking for her.”

“Did you find her, Brian?”

“Yes. I found her on my bed, naked except for a pair of heels and the handcuffs she had shackled herself to my headboard with.”

Sarah was watching Brian as he spoke, and now she sat quietly just staring at him. Brian stared back.

“Your eyes are a bit unnerving, Sarah. Has anyone ever told you that?” asked Brian. “They really are quite beautiful.”

Alex kicked Brian under the table, and Sarah broke eye contact, shifting her glance down to the papers before her.

“Mr. Flood. Please, can you continue?”

“You may choose to disagree, but I took such an action by Nancy to be an invitation, and I chose to accept said invitation.”

“Meaning you had sex with her?”

“I most certainly did, Sarah. We spent most of the night engaging in one act or another. Nancy left my home shortly after dawn, and I slept in.”

“Did anyone see you together?”

“If they did, I’m not aware of it. Nancy is married to a man thirty years her senior, Sarah. A wealthy man. Do you understand the situation?”

Sarah nodded. “Go on, Brian.”

“She is discreet. To the best of my knowledge, not even her closest friends know about her indiscretions. She’s a closed book, which isn’t helping my case any.”

“You say you met with her on several occasions?”

“Yes. Five times in all.”

“Did you engage in sexual activity each time, Brian?”

“That was kind of the point, Sarah. Each time things got a bit more intense than the previous time.”

“How do you mean?” asked Sarah.

“Nancy liked to play rough. Actually, she liked me to play rough. She wasn’t satisfied just fucking. It had to be an event. And she liked to be subdued and helpless.”

“Helpless? Like a victim would be helpless, Brian?”

“I think we’ve covered that, Sarah.”

“Do you think women actually enjoy being raped, Brian? Is that what you think?”

“I noticed you aren’t wearing any rings, Sarah. You must be divorced, huh?”

“What?” Sarah snapped.

“Ah. Sensitive about it. Okay. I’m just assuming you aren’t a lesbian. I’m guessing you’re about thirty years old, and a woman as beautiful as you would have had scores of potential suitors throughout high school, college, and career. It stands to reason you would probably have gotten married, or at least be engaged. But here you sit with no ring on your finger. What happened, Sarah? The old once a week missionary position fuck grew a little boring for you both?”

“Can we stay on topic, Mr. Flood?” said an exasperated Sarah, trying to take control of the conversation.

“I am staying on topic, Sarah. You know damned well from your work that there is a wide range of sexuality out there. Many people push limits. Some are into pain. Some humiliation. You think of something, and I guarantee someone is into it. Don’t base your thoughts on your own, possibly limited, range of sexual experiences.”

“You like to inflict pain, Brian?”

“No. I like to provide pleasure, Sarah.”

Sarah paused, staring Brian down. “We have evidence, Brian. Rope marks on Ms. Gaines’ ankles and wrists. Bruises and bite marks on her breasts, neck and nipples. Vaginal trauma. Rope, clamps and handcuffs found in your home. Positive DNA matches on the rope, and from the rape kit we did.”

“All of which are consistent with everything I’ve just told you.”

“Vaginal trauma? Really? That’s consistent with consensual sex?” Sarah asked. “Please.”

Brian stared Sarah down again. “Have you ever spent a day or two just fucking someone raw, Sarah? The kind of fucking where all your parts are tender and sore for a few days after, but it makes you smile because you know why? Have you ever had a lover touch you until you feel so overly sensitive that you feel you can’t take any more, but they don’t stop? They push you past that point, to a place you’ve never been? Have you?”

Sarah blushed bright red, and once again broke eye contact with Brian. She was angry with herself for letting him take over this interrogation so easily. She was now the one unnerved, and she was beginning to find his explanation plausible at a minimum.

“Have you found any other men who engaged in such activity with Ms. Gaines?” she asked.

Brian looked at Alex, who shook his head no. “As I said, Nancy has been very discreet.”

“Let’s say I believe you, Brian. Why would she do this? What’s her motive?”

“I don’t know. I’m guessing her husband found out. As you well know, she was marked up pretty good when she left here. I think she wanted to be, then had second thoughts. Maybe the old man finally opened his eyes, and this was her only chance to not have her entire life turned upside down.”

“You can’t really prove a single thing you’ve told me, Brian. God knows if you had any evidence, it would already be in my hands. You tell a good story, but I think that is a mark of a sexual predator. They manipulate people and situations, and you seem to be quite talented at that.”

“I’m not surprised by what you’re saying, Sarah. We’re going to keep on searching for witnesses as we prepare for court. You do what you feel you need to.”

“I think I’ve heard enough. Good day, gentlemen,” Sarah said as she rose from the table.

Brian pulled from the parking lot with Alex sitting beside him in the car.

“I told you that was a mistake, Brian. What the hell were you doing in there?”

“I disagree, Alex. One thing I did was create doubt in her mind. Didn’t you see that?”

“So what? She isn’t sitting on the jury. This is a huge case for a young ADA, Brian. This could make her career. She’s going to come for your balls with a machete, my friend. And it seems to me that you’re putting them on a platter and offering them up.”

“No, I’m not. I have a plan, Alex.”

“A plan?” said Alex with a sigh. “Okay, this ought to be good. Let’s hear it.”


Brian walked into the courtroom with Alex on the day the trial was to begin. Sarah was already seated at the prosecution table, along with one of her associates, a woman named Janet Morrow. They were busy shuffling papers and speaking in hushed tones, making last minute preparations for the trial. The judge arrived and was announced, and everyone stood. After a series of formalities, Sarah stood and began to make her opening statement. As she spoke, Brian could already feel the stares of the jurors, sizing him up and deciding his guilt before a stitch of evidence was presented.

When Sarah was finished, Alex rose and spoke briefly and shrewdly, already laying down seeds that would hopefully grow into doubt. When Alex had finished, Brian turned and looked around the courtroom. There, seated behind the prosecution table, was Nancy. She was watching him, as he suspected she would be.

Nancy was a natural blonde of average height. Her stature was the only thing average about her. She was strikingly beautiful, blessed with long legs, an hourglass figure and a flawless complexion. She was the kind of woman that men made fools of themselves around, but she pretended not to notice. When Nancy walked into a room, everyone noticed.

Sarah began by presenting some of the physical evidence in the case. She exhibited pictures of the rope marks on Nancy’s wrists and ankles, as well as the bruises on and around her breasts and neck. Several of the jurors expressed disgust as they looked at the pictures, one man locking eyes with Brian while projecting a seething hatred.

Sarah then presented the DNA evidence, showing that the ropes found in Brian’s home had been in contact with Nancy, and that the semen collected from her had matched Brian’s DNA. She then spent a fair amount of time questioning the doctor and nurse who had examined Nancy. They described the vaginal and anal bruising and trauma as being consistent with other rape cases they had encountered. Alex pushed them on cross examination, and was able to at least put a tiny crack in the foundation of their assessment. For now, that was what he wanted to accomplish.

Sarah then put Nancy on the stand. They walked step by step through the statement she had made to the police that led to Brian’s arrest. Alex didn’t interrupt, preferring instead to allow her to finish as quickly as possible. He wanted to get Brian on the stage as soon as he could. The courtroom was dead quiet by the time Nancy had finished her testimony. Alex declined to question her at that time, requesting that she be available later in the trial. It was late in the day at this point, and the judge adjourned until ten o’clock the next morning.

The next day, Alex called Brian to the stand. Ordinarily, he would have waited until all other evidence was presented. For this case, he wanted to get Brian on first. It was Brian’s wish to have the case thrown out of court and all charges rescinded. If Brian’s plan worked, that very well might happen. Brian took the witness stand and was sworn in by the bailiff, and Alex stood before him and began his questioning.

“How long have you known Ms. Gaines, Brian?”

“I’ve known her since last October.”

“October? So you knew her before the day of this alleged incident in January?”

“That’s correct.”

“How did you meet Ms. Gaines, Brian?”

“We met at an art show. An erotic art show. There were two works of art in particular that we both were enthusiastic about.”

“Can you describe them?”

“The first was a charcoal sketch of a nude woman. It was drawn from behind. She was wearing a pair of impossibly high heels, and her arms were stretched overhead. Her wrists were handcuffed together, and the cuffs were attached to a hook sunk into a wood beam on the ceiling above her. The second was a sculpture of a woman on her knees, her hands tied together behind her back and tethered to her ankles with rope. She, too, was wearing very high heels.”

“Did you discuss the pieces with her?”

“I did. I believe I told her they were exquisite.”

“Did she reply, Brian?”

“Yes. She said when she closed her eyes, she could feel exactly what those women were experiencing. She called it exhilarating. I told her I was sure it was.”

“Did you speak further?”

“Later on we did. I spent some time wandering around the exhibit.”

“What did Ms. Gaines do?”

“She seemed to be following me. I’d be looking at something, and I’d look up and she was in the vicinity, catching my eye and smiling.”

“Did she approach you again?”

“She did. I was preparing to leave, and she caught me near the coat check.”

“What did she say?”

“She asked me if I knew the proper use for rope, and if I was capable of using it.”


“I told her it was a hobby of mine. She asked me to prove it. One thing led to another and she followed me to my home.”

“What happened there?”

“I showed her around while we had a drink. Nancy excused herself to use the rest room, and I went to look for her after she had been gone for an inordinate amount of time.”

“Did you locate her?”

“Yes, I did. I found her on my bed. Naked, except for her heels. Her heels, and the handcuffs she had used to attach herself to my headboard.”

There was a murmur in the courtroom that caused the judge to tap the gavel on the sound block on the bench. Brian glanced over at Sarah, who appeared to have some color rising in her cheeks. He then glanced at the juror’s box, and saw that he had the attention of everyone there.

“What action did you take at that point, Brian?”

“Do I really need to explain the birds and the bees to you, counselor?” replied Brian, causing the courtroom to erupt in laughter. “We spent the night having sex, a good deal of it with Nancy attached to that headboard.”

“What happened when you finished?”

“Nancy kissed me and thanked me before curling up next to me and falling asleep.”

“Did you hold Ms. Gaines against her will at any time?”

“No. She woke up just after sunrise and got dressed. She kissed me, thanked me again, and left.”

“When did you speak with her again?”

“It was about ten days later. She called me on my cell phone.”

“Did you give her the number?”

“No. She got it on her own somehow.”

Alex walked over to the defense table and pulled out a sheet of paper. “Your Honor, I’d like to offer into evidence Defense Exhibit A. It is a copy of Mr. Flood’s cell phone records. Of particular interest are two calls. The first was at four-sixteen AM on October nineteenth, and it was from Mr. Floods phone to the phone of Ms. Gaines. The Second call was at eleven fourteen AM on October twenty eighth, placed from Ms. Gaines’ phone to Mr. Flood’s.”

Alex handed to document to the bailiff, who handed it to the judge. Accepting the document into evidence, it was passed to the jurors for review.

“Did you make a call to Ms. Gaines’ Cell phone at four sixteen in the morning, Brian?”

“No. I was sleeping.”

“Was there anyone else in your home other than yourself and Ms. Gaines?”

“No. It was only us. All of the doors were locked, and the alarm was set.”

“So if you didn’t make the call, than it must have been made by Ms. Gaines, is that correct?”

“I would assume so.”

“Why do you think she would make such a call, Brian?”

“Objection, Your Honor,” called out Sarah. “That calls for speculation on the part of the witness.”

“Sustained. Rephrase the question, counselor.”

“Does your phone automatically block your ID when you make calls, Brian?”

“No. It’s possible, but I’ve never set it up.”

“If you make a call to someone, then in theory they have access to your phone number, is that correct.”

“Yes. They would have access to my phone number.”

“And Ms. Gaines called you ten days later on your cell phone, using a number you never provided to her.”

“That is correct.”

“What did Ms. Gaines want when she called you on the twenty eighth, Brian?”

“She made some small talk, then asked if she could come over to discuss the art exhibit some more.”

“And you agreed?”

“Yes. She came over that evening.”

“Did you just talk, Brian?”

“No. There was little talk. Once again, we spent the evening engaged in sexual activity.”

“Did Ms. Gaines have any special requests?”

“Yes. She had very specific requests about how she wanted me to tie her up.”

Once again, the courtroom was abuzz. Alex waited for the noise to calm down before continuing.

“Did this pattern continue each time you saw Ms. Gaines?”

“Yes. She would call and ask to meet me, and she would come over with what seemed to me a plan in mind. With each visit, Nancy pushed the envelope a bit further in terms of how I restrained her and what I did while she was restrained.”

“So you followed a script, Brian?”

“I guess you could say that. It was a loose script. Nancy certainly left me some leeway to be creative.”

“But that creativity was in keeping with the loose script she explained to you?”

“I’d say so.”

“Would it be fair to say that Ms. Gaines, while appearing to be subdued and helpless, was actually running the show?”

“If I ignore my male ego, I guess you could say that,” replied Brian. Once again, the courtroom was filled with laughter.

“I don’t think it will be necessary for us to go through each of these encounters in detail,” explained Alex. “However, I would like the opportunity to go over the evening in question in this case carefully and precisely. Your Honor, I’d like to request a private conference in your chambers with myself and Ms. Reese to discuss the next part of Mr. Flood’s testimony. It will likely be a bit controversial. We may as well talk about it first.”

The judge looked over at Sarah, who nodded her agreement. “Very well. Court is adjourned for today. We will begin again at eleven AM tomorrow.”

The judge left the courtroom, followed by Alex and Sarah. They entered his chambers and took seats around a small coffee table he had on one side of his office.

“What have you got, Alex?” asked the judge.

“There were some very specific statements made in Ms. Gaines’ testimony. Taken out of context, those statements sound damning. In context, however, they paint an entirely different picture.”

“What’s your point,” asked Sarah.

“My client is going to have to get very specific and detailed about what occurred on the night in question. These specifics will be highly sexual in nature and quite descriptive.”

“So, you are essentially going to turn the courtroom into an issue of Penthouse Forum?” asked an incredulous Sarah.

“My client needs to describe the entire proceedings, and how the testimony of Ms. Gaines fit into it.”

“Are we really going to make the victim sit there and relive this horrendous act, Your Honor?”

“Sarah, if the testimony that Brian gives is false, then Nancy isn’t reliving anything. If it’s true, then HER testimony is false, and this isn’t a crime. Well, not one committed by Brian anyway.”

“It is a bit unusual, Alex” replied the judge. “I’m worried that it could be prejudicial.”

“We sat there and listened to Nancy’s side of the story. We listened to medical experts describe in detail other rape cases that showed the same type of injuries to the victim as Nancy displayed. Any testimony could be prejudicial. In a case such as this, all Brian has is his testimony. If he can’t tell his story, he can’t defend himself.”

“I’m going to allow it, but tread very carefully, Alex.”

“Your Honor, please,” protested Sarah.

“You can appeal if you don’t like it, Sarah. I’ll see the both of you tomorrow.”

Brian was in the hallway outside the courtroom, sipping water from a Poland Spring bottle when Sarah and Alex emerged. Alex pointed to the door of the men’s room and walked inside. Sarah stopped in front of Brian, her briefcase in one hand at her side.

“That was quite a performance, Brian. What a tale you’re spinning.”

Brian looked down into Sarah’s lovely eyes. “I’m just telling the truth, Sarah. It’s too bad you weren’t there. I think you might have enjoyed it,” he said, smiling.

Brian could see the color rising in Sarah’s cheeks once again. “I don’t think that’s an appropriate thing to say to an officer of the court in a situation like this, Brian. Do you?”

“Maybe not, Sarah. But why are you biting your bottom lip like that? It’s quite sexy in case you were wondering.”

Sarah frowned and turned to walk away. “I’ll see you in court tomorrow, Mr. Flood.” With that, she stormed off.

The next morning, Brian was again sitting in the witness chair, all eyes in the courtroom upon him. Alex had a sheet of paper in his hand and was standing a few feet away from the witness box. He was reading the paper, preparing himself to begin. Brian glanced over at Sarah and Janet at the prosecutor’s table. Janet was flipping through papers, and Sarah was watching him with interest. She seemed to be a bit nervous about what was going to transpire in court.

Alex cleared his throat, and began speaking. “Yesterday, you testified about the events leading up to the morning of January twelfth, Brian. Please tell us what occurred on that morning.”

“I was up early, a bit before seven. I had some coffee, then spent an hour in my gym working out. When I finished my workout, I started to cook myself breakfast.”

“Did something happen while you were cooking?”

“Yes. I received a call on my cell phone from Nancy.”

“When was the last time you had spoken with her before this call?”

“A little over two weeks prior. She had spent the night at my home that evening.”

“Okay. What was the purpose of Ms. Gaines’ call?”

“She told me that she was free the entire weekend, and asked if she could come over.”

“What was your reply to that, Brian?”

“I told her that I had no plans, and that I’d love her to spend the weekend with me. She told me she would be there by ten, and I gave her the security code for the keyless access system. I finished breakfast and went in to take a shower.”

“What time was it when you finished showering?”

“About nine-thirty. I walked out of the bathroom, and Nancy was there already.”

“Where was she, Brian?

Brian looked across the courtroom at Nancy, who was sitting in her normal spot behind Sarah’s table. She was watching him intently, hanging on every word. “She was lying on my bed. Naked. Watching me as I came out of the bathroom.”

“Go on, Brian.”

“She smiled at me and got off the bed. She walked over to me and threw her arms around my neck, then reached up and gave me a long, deep kiss. She told me that she’d missed me.”

“What else did she tell you, Brian?”

“She told me that she wanted me to spend the entire day teasing her and withholding pleasure from her, and that she had brought along a bag of toys for me to use as a supplement to my own.”

“What was in that bag, Brian?”

“A number of items. A blindfold. A leash and a collar. Several clamps of a sort that are used during sex play. Some stainless steel balls about the size of a walnut. A very large vibrator designed to look like a penis. An anal plug and some lubricant. And rope. A lot of rope.” There was a buzz in the courtroom again as Brian listed the items out loud. Brian noted that Nancy continued to watch him, and she did not have a look of displeasure on her face. Neither did Sarah or Janet for that matter.

“Okay. Based upon the items Ms. Gaines brought with her and what she said, it appeared to you that she was prepared to have you use these items on her, but withhold pleasure. What does that mean, withhold pleasure?”

“That she wouldn’t be permitted to achieve an orgasm.”

“How do you know that?”

“That is the point in such things, Alex. The longer you allow the sexual tension to build, the more overwhelming it is when release finally comes. It is the anticipation, the promise of relief that seems right there, but is then pulled away, over and over, the need growing greater with each passing minute that runs into hours and hours.” Brian was staring at Sarah as he spoke. She was looking down at the table, but sensed him, looking up and catching his eyes. Color burst into her face and she quickly looked away, admonishing herself for allowing him to unsettle her so easily.

“So Ms. Gaines wanted you to titillate her for the entire day, is that correct?”

“Yes. That is correct. But before we got started, she told me she was hungry.”

“Did she not have breakfast?”

“I don’t know. I’m pretty sure she wasn’t referring to food, Alex,” Brian said, looking at Nancy. She was unconsciously licking her bottom lip as Brian spoke. “She told me that just because she couldn’t have relief, didn’t mean that I couldn’t.”

“What did you do, Brian?”

“I handcuffed her hands behind her, and placed the blindfold over her eyes. Then I attached the collar and leash, and led her out of the bedroom into the sun room at the rear of my house. Once in there, I instructed her to drop to her knees, and she complied. I moved directly in front of her, and told her that my cock was in front of her face and that she should feed.”

Sarah jumped to her feet. “I object, Your Honor. There is no need for such descriptive language here.”

Alex jumped into the fray. “Not only have we already discussed this yesterday, but it is important for the jury to hear testimony that Ms. Gaines was an active participant in these matters. Without this testimony, it will be difficult for them to grasp the entire situation.”

“Does he have to use words like that? His cock? Really?” asked Sarah.

“Using clinical terms may allow the jury to grasp the actions, but not the mood and the environment. This isn’t a science lecture. A man’s entire life is at stake,” argued Alex.

The judge looked at Alex and frowned. “I’ll allow it, counselor, but please keep your client under tight reign. Whatever testimony he gives better be relevant to this case.”

“Of course, Your Honor. Thank you,” said Alex.

“Go on, Brian. What happened next?”

“Nancy moved her face forward, finding me there. Of course, I was already quite aroused,” said Brian as he looked over at Sarah. She kissed and licked me some, then took me into her mouth. She took her time, and from the sounds she was making, she seemed to be enjoying herself. She didn’t stop until I came, or, if Ms. Reese would prefer, ejaculated. I noted that Nancy swallowed.”

“Your Honor,” screamed Sarah. “Was that really necessary?”

“Don’t push me, Mr. Flood” said the judge. “Strike that last sentence from the record.”

Brian looked at Sarah and smiled, then shifted his gaze to Nancy. She had a lustful glare plastered across her face, which is exactly what Brian had hoped would happen.

“Did you touch her at any time, Brian?” asked Alex.

“No. I thought about it, but I didn’t want to assist her in any way.”

“So at this point, entirely of her own volition, Ms. Gaines performed oral sex on you as she was handcuffed and blindfolded. Is that correct?”

“That is correct.”

“Did Ms. Gaines ask you to free her at this point?”

“Yes and no,” replied Brian. “She asked if I could bring her back into the bedroom and take the handcuffs off of her.”

“That sounds like the answer is yes, Brian.”

Brian shifted his gaze back to Nancy, who seemed to be quite taken with his testimony. He spoke as if directly to her. “She asked me to restrain her to the bed with the rope, one limb tied to each post. I asked her what she wanted, to which she replied that she wanted me to keep her in a state of continuous arousal for the entire day.”

“Continuous arousal?” repeated Alex. “Yes. She also told me not to let her loose, no matter what she said. And that I was to use any of the toys available to me to keep her in that state of arousal. Then she begged me not to allow her have an orgasm before dinner time.”

“Were those her exact words, Brian?”

“I’m paraphrasing so as not to upset Ms. Reese too greatly, but that is the essence of what she requested.” Once again, the courtroom erupted in snickering laughter. Sarah looked at Brian with irritation, while Janet had to cover her mouth with a hand to hide a smile. Brian glanced over and noted that the jurors seemed to be softening a little, except for the one man that was seething earlier. He seemed to be getting angrier as the trial progressed. Brian imagined that there were at least a few jurors that were quite happy they landed on this jury and were absolved from going to work each day.

“You have testified that Ms. Gaines had made some fairly specific requests at that point. Did you agree to accommodate her?”

“I did. I was looking forward to it.”

“Why? What do you get out of it, Brian?”

“Keeping a woman in such a state is stimulating for me as well as for her. But there is something more. I very much enjoy bringing a woman to heights of pleasure she has never experienced. It is exhilarating to watch, and even more so to be the one that produces that complete sense of bliss in her. Of course, by the time we are finished, we both end up having our fill of pleasure.”

“It is your contention, then, that a large part of your participation in this was fueled by your desire to provide intense pleasure to Ms. Gaines.”

“That is correct, Alex.”

“Okay. So how did you begin, Brian?”

“As she requested, I removed the handcuffs from Nancy’s wrists, and also took off the blindfold. I told her I was going to put it back on, but wanted her to watch as I bound her to the bed. I grabbed several lengths of rope, and Nancy climbed onto the bed and lay spread eagle, stretching her arms out and over her head, spreading her legs apart.”

“Ms. Gaines saw the ropes in your hands and understood your intent?”

“Objection, Your Honor,” said Sarah. “Mr. Flood could not have known what Ms. Gaines was thinking.”

The judge looked at Sarah. “Overruled, Ms. Reese. According to Mr. Flood’s testimony, Ms. Gaines had asked him to use the ropes to tie her to the bed. Of course she would have understood his intent.”

Sarah sat down and sighed. She realized the case was slipping away with Brian’s testimony. It seemed as if every person in the courtroom believed him, including the judge. Including her. Even the angry juror. She figured he believed Brian, even if he didn’t like what he’d done. She started to wonder whether she should discuss dropping the charges with the District Attorney.

“Please continue, Brian” instructed Alex.

“I knelt on the bed beside Nancy and grabbed one of her wrists.”

“Did Nancy resist in any way?” asked Alex.

“No. In fact, she moved her hand into position near the headboard and asked me to make sure I tied it good and tight. As I tied her, I spoke to her, telling her what I was going to do, making sure she was thinking about it. I paid careful attention when I did. I wanted to know which things I said seemed to turn her on the most. I moved onto her other wrist after I finished the first one. Then, I went to my closet and came out with a vinyl covered pillow that is shaped like a wedge. I positioned that under her backside. It tilted her pelvis in such a way as to expose her pu…I mean, her vagina to me. It also left access to her backside. You know. Her…”

“We get the picture, Mr. Flood” said the judge.

“I then moved down the bed and tied each of her legs to the footboard. I used the same rope on her right leg and right arm, and matched that on the other side. That gave her just a bit of slack to move either her arm or her leg, but doing so would mean she would give up slack on the other limb.”

“Would it be fair to say that Ms. Gaines was fully restrained at this point, Brian?”


“Did she ask you to release her?”


“Did she ask anything?”

“Yes. She begged me to get started. She said please several times.”

“Did you?”

Brian looked directly at Nancy, who was giving him a lustful glare. “I told her I wanted to take her temperature,” Brian continued. Still staring at Nancy, he went on. “I reached two fingers down to her vagina and ran them the length of it, parting her labia and slipping them just inside her. She was quite wet, and I told her so.”

“Objection,” sighed Sarah. “Relevance?”

Alex stood and responded to Sarah. “I would say that Ms. Gaines’ state of arousal has quite a bit of relevance to the case.”

“Agreed,” replied the Judge. “Continue, Mr. Flood.”

“At this point, I leaned over and spent some time kissing Nancy. I knew she was enjoying it, because she kissed me back, using her tongue and softy nibbling at my lips. She was moaning too, but did not appear to be in pain. I pulled away abruptly, and she pouted at me, saying she was enjoying that and would like some more. Then she said please again.”

“Did you believe that the verbal and non-verbal signals Ms. Gaines gave you were intended to have you continue?” asked Alex.

“Are you listening to the story Alex?” Brian asked.

He smiled while listening to the giggles in the courtroom. It occurred to Sarah that Brian was actually enjoying himself at this point. It also occurred to her that she was anxious for him to continue the story, and that it was having an effect on her. She found herself watching his hands and his lips as he spoke. She wondered what they would feel like on her flesh.

Brian moved on. “I looked at Nancy and told her we had some work to do. Even though I felt her short vaginal hair was adorable, I told her that I was going to shave her bare. She moaned and bit her bottom lip, so I took that to be agreement on her part.” Brian was once again watching Nancy, as were several members of the jury. As if on cue, she was biting her bottom lip in demonstration. There was no disguising what she was feeling at that moment.

“I blindfolded her again, then spent quite some time coming and going, Nancy able to hear me but being unaware of what I was doing. Every so often I would come close to the bed and slap her pussy. I’m sorry, her vagina. I used the fingers of one hand. Not hard enough to hurt, or at least not much. I wanted it to tingle, and based upon the way Nancy was squirming, it was.”

“When I thought she’d had enough, I returned to the bed with a pair of scissors, some cream, a bowl filled with warm water, and a razor. I used the scissors to trim Nancy’s genital hair as short as I could. I then drizzled some water onto the remaining hair, rubbing it in. Next was the shaving cream. I had to be very careful here. Nancy was squirming and begging me to give her some relief. She was begging me to rub her clitoris, in fact. I managed to apply the shaving cream without Nancy having an orgasm. I took my time and carefully shaved every bit of her bare, then rinsed and toweled her dry. I took off her blindfold and showed her my handiwork. I even had a hand mirror that I positioned in such a way to give her a good view of what I had done.”

“Did Ms. Gaines appear displeased,” asked Brian.

“To the contrary, she seemed quite pleased. She even thanked me. But a minute later, she cursed me.”

“Oh? What happened, Brian?”

“I was curious how her freshly shaven area would feel. On my lips. I knelt between her legs and kissed it. I kissed it, then I kissed it again. And again. Then I licked it. I slipped my tongue inside her. Nancy was soaked. I mean, she was creamy, and it wasn’t the shaving cream. Then I bit her clitoris once, and stopped. I moved away at that point. It was then that Nancy cursed me. She called me a bastard. A fucking bastard, actually.”

“She cursed you because you stopped, is that correct, Brian?”

“That is absolutely correct. I’m guessing Nancy may have underestimated my ability to retain control of myself this long. I think she probably thought I would have caved in and finished her, then had intercourse with her. She was beginning to realize she was wrong.”

Sarah wanted to object, but didn’t. She had to end this trial. She had no doubt Brian was telling the truth. There was just no way he could be this good. No way. Big case or not, she respected the law and wanted to see justice properly administered, however it went.

“I was finished with the blindfold at this point. I wanted Nancy to watch. I moved over to the bag she’d brought with her, holding up a nipple clamp. Nancy watched me and whimpered as I opened and closed the clamp. I approached the bed, and attached a clamp to each of her nipples. Nancy was nearly chewing that bottom lip off at this point, and was moaning loudly. We spent more than an hour paying with the clamps, releasing a nipple, allowing the blood to rush into it, then clamping it again.”

“Again, did Nancy ask you release her at any time?” asked Alex.

“No. I finally removed the clamps, noting that they had left what seemed to be the beginning of bruises behind.”

“We have seen pictures of bruising on the breasts of Ms. Gaines. Do you believe the clamps caused that bruising?” queried Alex.

“Absolutely. Anyway, I let her rest for about an hour, going out to the other room for a bite to eat. I returned to the bedroom with a bottle of water. I held Nancy’s head up and had her drink some of the cold liquid. Then we kissed some more. When I stopped, I made a show of applying lubricant to a glass anal plug as I stood at the foot of the bed. Nancy watched me intently. I moved up onto the bed, and used my fingers to apply lubricant to her anus, making sure I got it inside her. Then I positioned the plug at the opening, and we locked eyes as I eased it inside her. Nancy carried on so much I was afraid she was going to cum. It was good fortune that she fell short of that.”

“Again, Brian. Did Nancy ask to be released?”

“No. She just kept telling me that she needed to cum. I smiled at her, but told her no. I next inserted the large vibrator into her vagina, but didn’t turn it on. I didn’t trust that she would be able to contain herself if I had. At this point, her secretions were running down her ass, onto the wedge and the bed. The bed was soaked pretty good. The room smell of her sex. Once again, I wandered in and out of the room, letting her lay there feeling full in two places. Every so often, I’d come over and slide the vibrator most of the way out, then push it back in. Hard. This went on for quite some time.”

“Brian, did Ms. Gaines ask at any time to be let free?”

“Yes. She had been tied for nearly six hours at this point. She begged me to untie her and fuck her.” Brian looked at the judge. “Those were her words. Please let me loose and fuck me, she begged. Please, she said. Nancy had taken just about all she could take. I was kind of at my own limit too. I stripped down naked and knelt between her legs. I pulled the vibrator out and tossed it aside. I then lay on top of Nancy and started kissing her and started biting her neck and shoulders and breasts. Finally, I got onto my knees and pressed the head of my penis against her labia. She was struggling to push herself onto it, but I held her steady. When I was ready, I surged forward and very slowly moved inside her, a little at a time. Once I was fully inside her, I lay back down and did as she asked. I fucked her. Once I was inside her, Nancy started to move with me, violently so. She was still tied up, so the ropes left marks. When Nancy had her orgasm, she screamed so loudly and thrashed about so much that she caught me off guard. She was like a feral animal, unable to even use words. She…”

Suddenly, a loud moan came from Nancy, still sitting in the courtroom seats directly behind Sarah. All eyes in the courtroom focused on her, many thinking she was crying. It took only a second for them to realize she wasn’t crying at all. Her face was flushed, her head tilted back with closed eyes and parted lips. The telltale convulsing of her body was evident to all. Realizing the room had gone silent, Nancy opened her eyes, putting a hand to her mouth and gasping. Abruptly standing, she shimmied past a few spectators in her row and then hurried up the aisle towards the back of the court room and the exit. She moved quickly, but not quickly enough to hide the large wet stain on the back of her light grey skirt.

“Oh…my…God,” Sarah muttered.

Janet had an incredulous look on her face. “Did she just…?”

“Uh huh,” replied Sarah, nodding her head up and down. “She certainly did.” She turned around to look at Brian as he sat in the witness chair. He gave her a wink and a smile. Sarah literally bit her tongue to keep from breaking into a smile of her own, then put a hand to her forehead and looked down at the folder on the table in front of her.

The courtroom had erupted into chaos at this point. “Let’s take a fifteen minute recess,” said the judge. His face was flushed and he had beads of sweat on his forehead. He rose from the bench and quickly left the courtroom.

Alex found Sarah in the hallway outside the courtroom. “That was something, huh?” he asked her.

“Unbelievable, Alex.”

“By the way, we found two witnesses. Two other men she engaged in such types of endeavors with.” He held some papers out two her. “Their statements.”

“Why didn’t you give these to me before court,” she asked.

“We needed the sensationalism we just witnessed to leave no doubt as to Brian’s innocence, Sarah. A quiet announcement outside court would be missed. There is no way this is going to be missed by the media now.”

“I suppose not,” she replied. “I’m calling the District Attorney, and I’m going to inform the judge we are dropping all charges against Brian.”

“I thought you might,” said Alex with a smile.


Brian took a sip of his wine as he stood at the bar, sensing someone standing a bit too close to his left. Turning, he saw Sarah standing there with a smile.

“Hello, counselor,” Brian said to her.

“Hi, Brian. I want to apologize to you. On behalf of Suffolk County, and on behalf of me. I’m sorry. We screwed up.”

“I guess this isn’t going to help your career any, is it Sarah?”

“Eh. I’ll tell you one thing, Brian. I’m on the radar screen now for sure,” she said with a laugh.

“True,” Brian chuckled. “So what happens to Nancy?”

“There will be charges against her.”

“I feel a little bad for her.”

“Don’t Brian. You could have gone to prison. No matter what her situation was, she should never have falsely accused you and committed perjury.”

“I guess you’re right. What a mess.”


Sarah stood silent for a moment, then moved even closer to Brian, invading his personal space completely. She held a business card up in front of his face. “My card, Brian,” she said as she slipped it into his shirt pocket. She was staring into his eyes, her face mere inches from his. “I really would like the opportunity to personally show you just how sorry I am about all of this. I’d like to do my best to make it up to you, if you’ll let me,” she said. Biting her bottom lip, she turned and walked toward the exit, making sure she shook her ass as much as she could along the way. She opened the door and glanced over her shoulder at him, noting that he had watched her with interest. Smiling, she walked out of the bar, leaving him there with her card, and an invitation.

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