Chapter 52: Trial By Fire

November 25, 1981, Rutherford, Ohio

"Family Court for Harding County is now in session, Judge Martha Lee, presiding. You may be seated."

The small courtroom was packed with doctors, lawyers, and our family. Nobody from the general public was permitted because Liz was a minor.

"Ladies and gentlemen," Judge Lee said, "this is a status hearing on an emergency custody petition which I signed on Sunday evening. The procedure is a bit less formal than in a normal courtroom. That said, please only speak if you're asked a question or asked to say something. We'll hear from the State first, then from Mr. Winston. Mrs. Laughton, you may begin."

"Good morning, Your Honor; Beverly Laughton, attorney for Family Services. We're here this morning to petition for a permanent custody order. The facts in this case are simple. Sometime, on a date unknown to the State, Michael Loucks had illegal carnal knowledge of his sister, Elizabeth, a minor under the age of consent, in violation of Ohio Statutes. I have sworn affidavits from two licensed psychiatrists to this effect, as well as statements by the victim's mother that she concurred with the assessment."

"Objection, Your Honor," Mr. Winston said.

"Yes, Mr. Winston?"

"The State has not filed any charges against Michael Loucks nor presented any physical evidence of any kind. Mr. Loucks is entitled to a presumption of innocence."

"You are correct, Mr. Winston, but Mr. Loucks is not on trial here."

"Your Honor, the allegations are, in fact, unproven and denied by both Michael Loucks and Elizabeth Loucks. The State's custody order is based purely on statements from two psychiatrists who have no knowledge of such abuse and no evidence to back it up."

"Mr. Winston, I understand your concerns about Mr. Loucks. You'll have a chance to question any witness the State puts forward as well as call your own witness. Given there is no actual objection, I'm going to ask you to state a specific objection or withdraw."

"Withdrawn, Your Honor."

"Mrs. Laughton, you may continue."

"I call Doctor Jeanette Orosco to the stand."

Doctor Orosco walked to the front of the courtroom and took the witness stand. She was sworn, then sat down.

"Doctor Orosco, would you please state your full name, place of employment, and credentials."

"Doctor Jeanette Leslie Orosco. I work for Columbus Health Services as a psychiatrist. I'm Board certified and licensed by the State of Ohio and have eighteen years of experience in helping young women who are victims of rape and incest. In addition, I'm certified by Family Services as an emergency intervenor and advocate."

"Doctor Orosco, did you examine Miss Elizabeth Loucks?"

"I did."

"And what were your findings, doctor?"

"Elizabeth was subjected to rape at the hands of a classmate and his friends after being plied with drugs. In addition, she was also subjected to rape at the hands of an older man, rape which continued for an extended period of time. At some point, she began using drugs and was trading sex for drugs, and became pregnant as a result of one of those encounters. The pregnancy was terminated under my supervision."

I turned my head slightly to see my dad's face set, staring at a spot on the wall in the front of the courtroom. I had to guess Mom had told him about the pregnancy and abortion.

"Were any of these individuals arrested or charged?"

"Yes, the ones who committed the initial rapes are in the custody of the State awaiting trial or sentencing. The perpetrator of the long-term rapes pled guilty and is serving his sentence."

"How long was Elizabeth in your clinic?"

"Six weeks."

"And what did you discover during her treatment?"

"On at least one occasion, Elizabeth propositioned her brother. And on another instance, he propositioned her. The statements were unambiguous and clear invitations to engage in sexual intercourse. In addition, when Michael visited Elizabeth, they spoke openly about sex despite Elizabeth being cautioned against doing so."

"And you believe she engaged in sex when?"

"At a minimum, when she slept in his bed with him. Michael was naked and enticed his sister to share his bed with him. We do not believe this was the first instance, and the abuse may have started when Michael was six and Elizabeth was three when they slept together. Once those instances had been discovered, Elizabeth became combative and frantic, which are usual signs of someone covering up abuse. In addition, her risky behavior with her boyfriend before the first rape is also indicative of abuse. Finally, she secretly purchased and wore extremely small bikinis, attempting to attract attention from adult males, another strong sign of sexual abuse.

"All of this points to long-term sexual abuse. Statutory considerations aside, it is not normal for a thirteen-year-old girl to engage in manual and oral stimulation of a male unless she's been abused or for her to desire to engage in intercourse. When this kind of behavior begins just before the onset of first menses, there is a very high correlation with sexual abuse, in this case by a close relative."

"And you believe that to be Michael Loucks?"

"I do. It's my professional opinion that he began abusing his sister at an early age."

"And her denials?"

"Are typical of such cases. Most victims continue to deny the abuse for some time. Eventually, with therapy, they will admit it."

"When Elizabeth left your care, where did she go?"

"Home. She began seeing my colleague Doctor Zeiss."

"When did you inform Mrs. Loucks of the issue?"

"About two weeks before Elizabeth was released. After I revealed my findings, she agreed that it was entirely possible some kind of sexual relationship existed between Michael and Elizabeth. After a heated, threatening conversation with Michael, a practitioner of karate, she changed her mind and pulled Elizabeth from counseling with Doctor Zeiss and placed Elizabeth with a new counselor, one selected to protect her son."

"Objection," Mr. Winston said. "Doctor Orosco has no way to know what Mrs. Loucks was thinking and did not observe the alleged conversation."

"Sustained," Judge Lee said. "Doctor, confine yourself to facts or expert opinions, please."

"Doctor Orosco," Mrs. Laughton continued, "In your expert professional opinion, would sending Elizabeth home constitute a danger?"

"Absolutely. Her parents have closed ranks to protect their son, and being at home would subject her to further abuse at his hands. She absolutely cannot be under the same roof as he is nor have contact with him."

"But you sent her home with the knowledge of the abuse?"

"Her parents had signed a limited commitment agreement. I had no choice but to release her into their custody, but I immediately began working with Family Services to rescue her from the home."

"Thank you, Doctor."

"Mr. Winston?" Judge Lee said.

"Good morning, Doctor Orosco. I have only one question. How many cases which were referred to you were closed as unfounded? That is, where no abuse occurred."

"I can't rightly say a number," Doctor Orosco said.

"How many cases have you seen?"

"Hundreds. I don't have an exact count at hand."

"I see. Tell me about the most recent case where you found there was no abuse?"

"I'm not at liberty to discuss private patient matters."

"Fine. No names are necessary. Just an approximate date for now."

"I don't know."

"Doctor Orosco, I don't believe you have ever closed a case where there was no abuse. I could, if necessary, subpoena your records."

"Objection, Your Honor!" Mrs. Laughton said, quickly standing. "Those records are protected by statute."

"Your Honor, I'm simply asking for a count and an approximate date. If Doctor Orosco refuses to answer, I'll proceed on the assumption the answer is 'never'."

"Doctor?"

"I don't have that information with me."

"Confirming my suspicions that the answer is zero. No further questions, Your Honor."

"Objection!" Mrs. Laughton said. "Conclusory."

"Sustained."

Doctor Orosco stepped down, and Mrs. Laughton called Doctor Zeiss to the stand, who more or less repeated everything Doctor Orosco had said, and the 'cross-examination' was very similar, with the same kind of evasive responses.

The final witness was Barbara Laramy, the woman who had taken Liz away. After the usual questions of name and credentials, Mrs. Laughton asked about Liz.

"In my professional opinion, Elizabeth exhibits all the signs of an abused child. There is no doubt in my mind."

"And you believe this to be at the hands of her brother?"

"Based on the affidavits from two licensed psychiatrists with a long history of working with Family Services on abuse cases."

"And what did you do based on those affidavits?"

"Sought an emergency custody order to remove Elizabeth from an extremely dangerous situation for her own protection."

"Why is it dangerous?"

"Her brother is still living at home when he's not at school, and as such, poses a serious danger to her."

"Did he not, in fact, kidnap her from her home?"

"He did. He took her to McKinley."

"For what purpose."

"I can only assume to have sex with her."

"Objection," Mr. Winston said. "The witness has no knowledge or evidence as to what happened."

"Sustained."

"That's all," Mrs. Laughton said. "Thank you."

"Mr. Winston?" Judge Lee called.

"Mrs. Laramy, did Elizabeth deny that her brother abused her?"

"Yes, but..."

"'Yes' will suffice," he said, cutting her off. "Thank you. Did you find anything in your investigation, anything at all, that would support the affidavits? Any additional testimony? Any physical evidence?"

"No, but..."

"Thank you, Mrs. Laramy," he said, cutting her off again. "Would you say, then, that your petition was solely based on the affidavits?"

"Yes," she sighed.

"Thank you."

She left the witness stand.

"Mrs. Laughton?" Judge Lee called out.

"I call Rachel Loucks."

My mom took the stand and was sworn in. She answered the basic questions as had the witnesses before her.

"Mrs. Loucks, is it true you confronted your son on multiple occasions about his abuse of your daughter?"

"I asked him about it, yes."

"On multiple occasions?"

"Yes."

"And at least one of those occasions was before Elizabeth was sent to the clinic in Columbus?"

"Yes," Mom said, a tear rolling down her cheek.

"And you told Doctor Orosco that you believed she was correct in her assessment?"

"At the time."

"Yes' or 'No'?"

"Yes."

"And after a confrontation with your son, who is trained in karate, in which he threatened you, you removed Elizabeth from Doctor Zeiss' care?"

"There was no threat."

"Did he storm off saying he wouldn't return? You told Doctor Orosco that."

"Yes."

"And after this confrontation, your son took your daughter, without your permission, to McKinley and spent the night with her."

"He took her to McKinley."

"Did they spend the night in the same house?"

"Yes," she said, crying harder.

"And then, when he brought her back, it was on condition that you move Elizabeth to a new counselor?"

"Yes," Mom said, sobbing.

"One you chose, who has very limited experience with incest."

"Yes."

"Thank you."

Mr. Winston got up.

"Mrs. Loucks, do you believe your son abused your daughter?"

"No."

"Why did you ask him about it? The first time?"

"A friend of mine was abused by her dad when I was little. I saw Elizabeth's behavior, and it concerned me."

"Why?"

"Old memories."

"And after you talked to Doctor Orosco?"

"She told me Liz admitted the abuse."

"We've seen no such testimony in the affidavits or on the stand. Are you absolutely sure Doctor Orosco told you that Elizabeth admitted Mike was abusing her?"

"Yes."

"Thank you, Mrs. Loucks."

"Mrs. Laughton?" Judge Lee said.

"Your Honor, I have no more witnesses. The burden on the State is only to show that a risk exists. The Harding County Prosecutor is investigating multiple felony charges against Michael Loucks. We believe, at a minimum, the custody order should be made permanent and an order of protection entered."

"Thank you, Mrs. Laughton. Mr. Winston?"

"I call Michael Loucks, please."

I went to the witness stand, was sworn, and sat down.

"Michael, did you make statements that could be understood as propositioning your sister?"

"It wasn't like that," I protested, raising my voice slightly.

"I understand. Just answer 'yes' or 'no', please. Did you make statements that could be understood as propositioning your sister Elizabeth?"

"Yes."

"Did your sister Elizabeth make statements that could be understood as propositioning you?"

"Yes."

"Would you explain why it's, as you said, 'not like that'?"

I saw Mrs. Laughton frowning. It seemed, at least for now, Mr. Winston's strategy was going as he'd planned. I explained the entire sequence of events, with Mr. Winston asking questions to direct me to where he wanted me to go. That took about ten minutes to complete. The last question of that sequence was the one I knew was important.

"Michael, at any time, did you engage in any kind of sexual behavior, including touching, peeping through keyholes, or any other thing with Elizabeth?"

"No, Sir, I did not."

"When the two of you were together those two nights, did anything at all happen between you?"

"No, Sir. It did not."

"Was your sister fully clothed each time?"

"Yes."

"Have you ever, at any time, seen your sister naked?"

"No."

"When you took your sister to McKinley, did you sleep together? Even clothed?"

"No. She slept on the couch in the living room. Alone."

"Michael, where are you living?"

"My driver's license and car registration show Lilac Lane in McKinley."

"And whose house is that?"

"It belongs to Mrs. Eileen Landers."

"You live in the dorms otherwise?"

"Yes."

"And Monday night and last night, where did you sleep?"

"At my friend Jocelyn's house in their guest room."

"So you aren't living at your parents' house?"

"No, Sir, I'm not."

"What are you studying at Taft?"

"Biochemistry."

"How are your grades?"

"Straight A's. I'm in the honors program."

"Did you see a counselor at school?"

"Yes, Doctor Hart, over there," I pointed, "after Doctor Orosco insisted I see someone."

"How long did you wait?"

"It was the same day."

"And what did you discuss?"

"I told him what had happened, and he basically asked me the same questions Doctors Paulus and Mercer asked yesterday. About Liz, about sex, about my family and friends."

"And you give your permission for him to speak here today?"

"Yes, absolutely!" I said firmly.

"Last question, Michael, and I'm sorry to ask, but it's important. When did you lose your virginity?"

"August 16th of this year."

"With whom?"

"Jocelyn Mills, my friend since kindergarten."

"Before that day, had you engaged in oral or vaginal sex with anyone?"

"No."

"Thanks, Michael."

"Mrs. Laughton?" Judge Lee said.

"Michael, did you proposition your sister?"

"Objection! Asked and answered."

"Your Honor, it's not the same question at all," Mrs. Laughton replied.

"Overruled. Michael, please answer."

"No."

"But you admitted earlier that you did."

"Objection!" Mr. Winston said. "That is not what the record will show if we read it back."

"Overruled. Michael, please answer."

"I didn't admit it. I said it could be understood that way and then explained why it wasn't like that."

"You're under oath, Michael."

"Which is why I'm telling the truth."

Mrs. Laughton frowned, "Michael, did your sister proposition you?"

"No," I said firmly.

"She offered to have sex with you."

"No, she didn't."

Mrs. Laughton frowned again, "What were you wearing when your sister climbed into bed with you?"

"She got on top of the covers I was under. I wasn't wearing pyjamas."

"But she climbed into bed with you."

"On top of the covers. I was under them."

"Your Honor, would you please direct Mr. Loucks to answer 'yes' or 'no' to these questions?"

"Michael, please just answer 'yes' or 'no'."

"And you were naked this entire time?"

"Under the covers, yes."

"Your Honor!" Mrs. Laughton protested.

"Michael, please just answer 'yes' or 'no'."

"Your Honor, can I object?" I asked. "She's purposefully trying to trick you. She knows the answers I'm giving are accurate but wants to make it look like something it's not!"

"Your Honor!" Mrs. Laughton protested.

"Michael, I'm sure this is all new to you, but we do have rules you need to follow."

"Yes, Your Honor," I said.

"Did you spend the entire night naked, in bed with your sister?"

"Yeah," I said with a clearly sarcastic tone.

"Your Honor!" Mrs. Laughton protested.

"Michael, please. I've given you about as much leeway as I can. Please state simply 'yes' or 'no'."

"Yes."

"Thank you," Mrs. Laughton said.

"When you propositioned Liz, did you unbutton buttons on your shirt?"

"Yes."

"And you demanded she get into bed to have sex with you?"

"Yes."

"When did you change your address?"

"On Monday."

"Why?"

"Because Mr. Winston instructed me to."

"Why?"

"You'll have to ask him."

"Your Honor!" Mrs. Laughton objected.

I didn't wait, "Your Honor, he didn't tell me why, so I don't know. She'll have to ask him."

"Why do you think?" Mrs. Laughton asked.

"Because he knew you would try to falsely paint me as a rapist, make all sorts of baseless and groundless accusations, and misrepresent what I said to try to trick the judge. I believe he felt I should live elsewhere so Liz could go home despite your shenanigans."

"Your Honor!"

"Actually, in this case, Mrs. Laughton, you asked an open-ended question that called for an opinion. He gave one."

"Sorry, Your Honor. That's all."

She went to sit down, and I was excused.

"I call Elizabeth Loucks," Mr. Winston said.

"Objection!" Mrs. Laughton shouted, standing quickly. "We have affidavits from both Doctors Orosco and Zeiss that state calling Elizabeth to the stand today is dangerous to her mental health. In addition, the statutes and precedents do not require testimony from the victim for us to succeed."

"Mr. Winston?"

"She's correct in that they do not need Elizabeth's testimony to succeed. On the other hand, no statute bars me from calling her, and I have agreements from both her parents, as well as certifications from Doctors Paulus, Mercer, Morton, Tester, and Newton, that the questions I wish to ask will do no harm. I have only a few questions."

"I'll allow it, but you have VERY little leeway, Mr. Winston."

Elizabeth went to the stand and was sworn.

"Elizabeth, did your brother ever touch you sexually?"

"No."

"That night in his bed, were you on top of the covers the entire night?"

"Yes."

"Did you know he was naked under the covers?"

"Not until morning when he told me to leave so he could get out of bed."

"And you did so?"

"Yes, of course!"

"You've never seen him naked?"

"No."

"And you didn't have sex when you went to McKinley?"

"No."

"And he had permission from your dad to take you there?"

"Yes."

"Are you afraid of your brother in any way?"

"No."

"Thank you."

"Mrs. Laughton?" Judge Lee asked.

She shook her head, and Liz moved from the stand.