Davic objected, his face flushing. “Dr. Clemens is here to testify to the mental condition and emotional credibility of the plaintiff. He is here for that reason only. People’s counsel knows that—”
“Your Honor,” Brett cut in, “the defense counsel begrudges me the opportunity to examine his expert witness on the motivation of rapists as a class. I understand Mr. Davic’s concern. He has paid seventy-five thousand dollars for Dr. Clemen’s selected opinions. Naturally, he does not want to share his witness’s expertise with me.”
“Objection, Your Honor.”
“Sustained. Miss Brett, I’ve ruled that you avoid this matter of expenses.”
“But the fact is, Your Honor, those damaged young females were not alone when they were attacked and raped and savaged. They didn’t strap themselves to beds and beat themselves black and blue and bloody with their own fists. Someone else broke their teeth, burned their flesh with cigarettes and raped and sodomized them, but that class of perverted, sadistic criminal has remained anonymous in these hearings — no profiles of that class of felon has been drawn or even hinted it—”
Judge Flood sounded his gavel.
“—except for a reference by Dr. Clemens to collusion, by which I gather he means that forcible rape is somehow a deal between equally suspect participants—”
“Miss Brett!” Judge Flood brought his gavel down firmly. “That will be enough.”
Brett drew a deep breath; her face was pale; in contrast her gray eyes were almost black, shining with angry intensity. “Your Honor,” she said, “I have not meant to offend the dignity of this court or test the generous limits of your patience. But I am forced to speak out because the victim in this case has been treated as if she were a criminal, not by the court, but by the license given defense counsel by our laws. Shana’s background, her sexual capacities, even the intimate furnishings of her bedroom, all this is not only available and presumably relevant to the defense, but is also subject to clinical probings by their expert witness, Dr. Clemens, who has not spent three minutes, let alone three hours, examining the defendant sitting in this courtroom and charged with torturing and raping Shana Selby.”
Davic stood. “I insist that Your Honor put a stop to these outbursts. The function of Dr. Clemens in this trial is proscribed by statute. The doctor cannot answer any questions in regard to the defendant. If such questions are put to him, I will instruct him not to answer them.”
“But, Your Honor,” Brett said, “the doctor has referred to the literature of sexual pathology and rape, and studies of sexual disorders. Those are descriptions which embrace males and females. I have no specific questions to ask in relation to the defendant. But if a psychological portrait of rape victims as a class is admissible, then fairness suggests that a similar portrait of rapists as a class be presented to the jury.”
“I object, Your Honor.”
“Mr. Davic, I have pointed out that the People must be given a reasonable leeway in cross-examining expert witnesses.”
“I submit you are giving her more than leeway, Your Honor. I object to the court’s indulgence in this matter.”
“Overruled.”
“Exception.”
Judge Flood nodded at Davic and glanced across his steepled fingers at Brett. “Counselor, you may inquire of Dr. Clemens as to rapists as a class. But your questions must not relate, Miss Brett, even tangentially, to the defendant. Is that understood?”
“Yes, Your Honor.” Brett addressed the witness. “Dr. Clemens, does the commission or rape, in your judgment, represent primarily a need for sex or a need for violence?”
“The latter, in almost every instance. The rapist’s basic need is to physically dominate and humiliate a woman. The rapist does not want sex from a woman. It is probably the last thing he wants, because his fears and hatred of women make it impossible for him to sustain a relationship with a female that is based on pleasure or tenderness or mutual respect or confidence.”
Davic looked like he would have liked to kill his witness, whose apparently compulsive grandstanding, and was now helping the opposition.
“In your opinion, what is the underlying cause for this sort of fear and hatred?” Brett said in a respectful tone.
“Well, as with most pathological behavior, there is seldom one clearly definable explanation. That applies to other disorders, of course, such as alcoholism, obesity, depressions, recurring nightmares, psychosomatic illness, tendencies toward violence and suicide, even murder. As a rule, they erupt from not one but a mixture of chaotic impulses.”
Earl Thomson leaned across the defense table and whispered fiercely to Davic. The attorney nodded but placed a light restraining hand on Earl’s shoulder.
“Well, is there any observable priority in those various morbid functions?” Brett asked. “A litmus paper test to determine and define sexual psychopaths?”
“No, I’m afraid not, Miss Brett.”
“You spoke about the father in relation to the rape victim. What about the molding influence of the mother in the formative years of the potential rapist?”
“The mother,” Dr. Clemens began, “is of course a major influence toward emotional stability or the lack of it. If she is unable and unwilling to—”
Davic broke in. “This is too much, Your Honor. People’s counsel has ignored your injunction. Her overzealous and hectoring persistence surely demands a rebuke from the bench.”
Judge Flood said, “The court has been more than generous, Miss Brett. Mr. Davic’s point is valid. You have exceeded the limits of inquiry I outlined.” Flood made a note on his pad. “Do you have any further questions for the People?”
“If it please the court, I have one last question.”
“It will probably not please us... but go on.”
“Thank you, sir. Dr. Clemens, you mentioned the pictures of the Israeli athletes on the wall of plaintiff’s bedroom. You gave us your explanation for their presence there. But there are other pictures in that bedroom. There is a portrait of Franklin Delano Roosevelt, a picture of the late comedian Jimmy Durante, and there is a framed collection of snapshots of Shana’s nine-year-old brother, David. I ask you, Mr. Clemens, will you tell the court what these pictures reveal to you of Shana Selby’s innermost private feelings and sexual yearnings?”
“Objection, Your Honor.”
“Dr. Clemens,” Brett said, “we would value your expert judgment. And I will write my personal check for three hundred dollars for that enlightenment...”
Laughter began in the gallery. Judge Flood brought it under control by striking his gavel. When order was restored, he said, “You have managed to exceed the limits of my patience, Miss Brett. I will permit no further questions of this defense witness. Dr. Clemens, you are excused. Thank you for your cooperation.”