JAMES GIFTOS STUCK his hands in his pockets and said, “Mr. Christopher, do you need me to repeat the question?”
Marc looked more annoyed than chastened. “Yes,” he said. “Good idea.”
Giftos said, “You’ve made two opposing sworn statements about what transpired between you and Ms. Hill in the restaurant, yes or no?”
Christopher said, “Both are true. We made small talk and she got hysterical when I tried to break up with her.”
Giftos said, “In fact, neither story is true, is it? While you were drinking together in that bar, you told Ms. Hill that you’d like to experiment with a sex game, didn’t you?”
“No,” said Marc. “I did not.”
“Isn’t it true that you told her that you’d like her to act out a rape scene in which she threatened you with a gun and you pretended to be the victim?”
“No. Definitely not.”
Giftos said, “Isn’t it a fact, Mr. Christopher, that you suggested this sexual role-playing with a plan in mind to entrap Ms. Hill?”
“No. No way. I did not. That’s totally crazy,” said Marc.
“Let me ask you this. Did you know that it is illegal to record a person in a sex act without his or her knowledge?”
“I thought she was going to kill me.”
“Really? Mr. Christopher, did you know that Ms. Hill had just come into a sizable inheritance?”
“I guess so. Yes.”
“Mr. Christopher,” Giftos said pleasantly, “we’ve uncovered some voice mails from you to Ms. Hill that were left on her office phone. Could you tell us if this is your voice?”
“You’re saying I made the calls?”
Yuki tried to beam a thought to Marc: Answer the questions in as few words as possible. Do not give Giftos any shit. Do not.
“I’m going to play them now,” said Giftos.
He held the small recording device and pressed a button. As each message played, the mechanical voice of the phone system announced the date and time.
First message: “Briana, for the last time. Call me. I’m serious.”
Second message: “It’s Marc. You shouldn’t screw with me, Briana. Call me.”
Third message: “Briana, I’ve had enough. Either you pay up or there’re going to be some traffic problems in San Francisco.”
Giftos stopped the recorder and said to Marc, “Is this your voice?”
“Yes. Sounds like me.”
“When you said to Ms. Hill, ‘Either you pay up or there’re going to be traffic problems,’ what did you mean?”
“That was a saying. Like from Fort Lee, New Jersey.”
“I understand the reference. But what did you mean, ‘pay up’?”
“I don’t even know. I just said it. I was trying to get hold of her so I could get closure on what she did to me.”
Giftos said, “So once again I ask you, when you phoned Ms. Hill in the week following your overnight date and left this message, ‘You pay up or it’s time for some traffic problems in San Francisco,’ you were reinforcing your blackmail attempt on Ms. Hill, weren’t you? ‘You pay up or I’ll go public with the video’?”
Yuki said, “I object, Your Honor. There is no evidence of a blackmail threat.”
Rathburn said, “Overruled. It’s relevant and I want to hear this. Mr. Giftos, ask your question again.”
“Mr. Christopher, were you blackmailing Ms. Hill?”
“Not at all,” Marc said. “Far from it. All I wanted was to talk to her. I needed to talk to her. She did this to me. Raped me and left me lying there like roadkill. I needed an explanation. She needed to apologize. I needed something from her. And you bastard,” he said to Giftos. “You should be disbarred for even suggesting this crap.”
Judge Rathburn said, “Mr. Christopher, I’m warning you. Any more outbursts and I will find you in contempt. I will fine you, too. Jurors, you will disregard Mr. Christopher’s personal remarks to Mr. Giftos, and the clerk will strike those remarks from the record.”
Giftos said, “Thank you, Your Honor.”
To the witness he said, “I guess we’ll let the jury decide what you meant when you left a message for this wealthy young woman—whom you had recorded in a compromising act that you orchestrated—‘Pay up or else.’”
Yuki was on her feet. “Argumentative, Your Honor.”
“Sustained.”
Giftos said, “Your Honor, I have nothing more for this witness at this time, but I reserve the right to question him again.”
The judge asked Yuki, “Redirect, Ms. Castellano?”
“Yes, Your Honor.”
Yuki approached the witness and said, “Marc, please tell the jury what you have to gain by accusing the defendant of rape.”
Christopher wiped his eyes with the back of his hand and said, “I don’t want or need her money and never have. I’m here to get justice and peace of mind. She shouldn’t get away with what she did to me.”
“Thanks, Marc. I have no further questions.”
Rathburn told Marc Christopher that he could step down. With much bumping and limping, Yuki’s star witness left the courtroom.
When the doors had closed behind him, Yuki said to the court, “The People rest their case.”
Judge Rathburn said, “Okay. Mr. Giftos, you’re up with your opening statement.”
CHAPTER 78
JAMES GIFTOS HAD delayed making his opening statement until after the prosecution had concluded its case.
Yuki knew that it was risky to let the jury steep in the prosecution’s theory for four days. But James was smart, a trial-tested veteran with an impressive record of wins. He surely had a plan and it was about to be revealed.
In the next few minutes he would begin to present his defense, in which he would do everything possible to blow up the prosecution’s case and win the jury over to Briana Hill’s side.
She watched Giftos walk back to his table, return the notes and transcripts to a file folder, exchange looks with his client, and respond to a note from his second chair.
Yuki was glad that Art was here to witness what could well be a master class in how to deliver an opening statement.
Giftos walked into the well, faced the jurors, and began, “Briana Hill is the victim here.
“Marc Christopher is a liar, and his accusations are damned lies. Even the video the prosecution produced is a lie, and in fact was a planned setup by Mr. Christopher. He designed the scene, directed it, and edited it by turning on the recording device after the discussion of the role-playing had been agreed upon. This way, the viewer would see only a staged sex game. Without the prologue, it’s understandable that this entirely orchestrated drama would seem real.
“As you have heard, Marc and Briana were coworkers. They dated and had sex. And when the flames cooled for Ms. Hill and she let Marc know that she wanted to see other men, Mr. Christopher became angry. And he came up with a scheme to hurt Ms. Hill. Why? Because my client had lost interest in him and he was in love with her—an attractive, wealthy, powerful young woman who was rejecting him.
“Mr. Christopher wasn’t just angry, he was determined to hurt her financially, destroy her reputation, and even send her to jail.”
Giftos paused for effect, and when he was sure that the jury was dying for him to begin again, he did.
Giftos said, “On the night in question, when they were in the restaurant bar, Mr. Christopher told Ms. Hill, and she will tell you, that he wanted to act out a rape scene with himself in the role of victim.” Giftos proceeded to summarize the defense’s version of the crime for the jury. Ms. Hill thought she knew Mr. Christopher and was intrigued by his proposition. She had never role-played before. He told her what to do, and as agreed, he would pretend to protest as she tied him up and made demands.
“The morning after this overnight date,” said Giftos, “Ms. Hill went to the office, feeling that she’d betrayed herself by going along with Mr. Christopher’s game; but she had no idea that she’d been played and was about to be victimized by his extortion scheme.
“Mr. Christopher asked her to go out with him again several times, and when she refused, he went to her office and told her that he had recorded their sex play. He wanted a payout of $250,000, or he would post the video on the web.