“During the arraignment, she entered a plea of not guilty by reason of insanity.” Insanity.
I looked at James, fearing where all of this was going.
“Playing the insanity card gave her a few options. Would you like me to briefly explain her options, or cut to the chase of what her plea entails?”
“Um, if you could explain a little about her options, that would be good,” I said. “I just want to understand her thought process here,” I explained.
“No problem. I want you to be free of legal questions when you leave today. Elise could have entered a double plea of not guilty and not guilty by insanity. This would have caused what could have been a lengthy trial just to prove innocence or guilt. The insanity portion would not have taken place at that time. The initial trial would have only determined guilt or innocence.”
Michael paused, making sure I was with him so far.
“Got it. The trial would have been to determine guilt or innocence,” I reiterated his words.
“If Elise had been found not guilty by a jury during the trial, well, then she would have walked free. If she had been found guilty, then it would have moved to an insanity trial. During that time, the defense could provide experts, such as Elise’s psychiatrist, who would testify to prove that at the time of the stabbing, Elise either didn’t know the act was wrong or that she didn’t understand the nature of the stabbing.”
James huffed out a short laugh. I was with him. How could Elise say she didn’t know what she was doing?
“That was one of her options. By doing so, they would be taking a chance with a jury. And they would be hard pressed to find a jury panel that wouldn’t have strong opinions on domestic abuse and battery,” Michael added. “On top of which, the attempted murder charge would stick like glue. There’s too much evidence. One stab would … okay, the defense can try to use the emotion-fueled action card. But multiple stab wounds to the chest, that card doesn’t work so well.”
Domestic abuse and battery.
Domestic abuse and battery?
No.
That’s not what this was.
Was it?
“Sorry. I have a question. Does this fit under the domestic abuse umbrella?”
My heart thudded in my chest as I waited on the edge of my seat for him to reply. Michael took his reading glasses off and set them on the desk as he looked at me.
“It most certainly is categorized as domestic abuse and battery, Andrew. What’s worse is the assault with a deadly weapon.” He sat fully upright again and leaned his forearms on the desk as he looked at me. “During our initial meeting, you mentioned that she was known to have sudden fits of rage that often ended in violence.” I nodded. “The stabbing would have been bad all on its own, if it were an isolated incident. But it wasn’t. She was a habitual abuser.”
I wasn’t an abuse victim. That was what Brandon was. Mine was just … something else.
Before I could fully think about what was on the tip of my tongue, it slowly spilled from my lips. I was unable to stop the thought process.
“We had a … power exchange type of relationship,” I started and then swallowed suddenly so I could speak. “I was submissive to her. We were into bondage and discipline.” My mind drifted, and I felt sick. This was all a mistake. I signed up—
“I recall you telling me that during our first meeting as well.” Michael glanced at James for a moment and then back at me. “Do you remember what I told you in regard to it?”
I did, but did it matter?
“I told you it didn’t matter. You consent to play and whatever tickles your fancy. This is different.”
“But if it had gone to trial, would a jury have determined she wasn’t guilty and said that I signed up for this by engaging in this kind of relationship?”
“Honestly, it’s difficult to say, Andrew. To entertain your question, if it had gone to trial to determine her guilt or innocence, we would have assembled a jury that would have contained some individuals who either live or had lived within that lifestyle. But regardless of the type of relationship the two of you had, it doesn’t involve games of attempted murder.”
I knew exactly what James was thinking because he had preached and preached to me that this kind of play and dynamic wasn’t abuse. And now all I could think about was how people who weren’t immersed in this lifestyle would view me and the situation.
“You aren’t my first client from that lifestyle, Andrew. I’ve done my research on all sorts of elements to it. Participating in an alternate lifestyle such as the one you have described has very defined limits. Once those limits are crossed, it becomes a crime. In this case, a felony. You didn’t agree to be stabbed, oh, what”—Michael flipped a page in the file and then continued—“seven times. I’ve read over the medical report several times, and I can assure you, Elise’s defense team has too. They are fully aware of her guilt and the uphill battle they would face with the trial and jury. They know they can’t paint a pretty picture of their client stabbing her boyfriend seven times and damaging a lung, kidney, and nearly breaking his ribs. So let me explain what option they chose.”
I tried to clear my head of all the what-ifs so I could pay attention and concentrate on what was really happening. This was what I needed to focus on instead of the other noise.
“The defense team knew there was evidence that clearly would not go in Elise’s favor. Rather than waste the court’s and their time, they didn’t even bother with the dual plea. Hence, the single plea of not guilty by reason of insanity. That plea is her only shot at an almost certain guilty verdict that would send Elise to prison.”
