The trip into London on Thursday was a lot better; I got an earlier train which, for once, was on time. Also, Martin was on the same train, so I had somebody to chat with. He asked how things were going with the trial.
"Hasn't Bernard told you?" I asked.
"Haven't seen Bernard all week," Martin replied. "Spoken to him on the phone and had exchanges of email, but not really had a chance to speak with him about the trial. If we see each other at the office, we are usually passing on the stairs. By the time I arrive in the morning, he is just about to leave. In the evening, I am usually just leaving when he is getting back from court."
I understood what he meant when we got to Bernard's office. We had arranged to meet here this morning instead of at the court. Bernard was just coming out of his office as we arrived in reception.
"Mike, good timing," Bernard stated. "I'll be with you in a second. Martin, I have made some notes on the McLaren folder; can you go through them please and deal with any matters arising? The Doman case is going forward, so you will have to represent them at the County Court on Tuesday; you might like to look over the file again. Hopefully, we might get an early finish today, so I can check in with you.
"Mike, can you give me a hand with some papers?"
With that, he led the way to the print room, where a clerk was packing folders into a couple of wheeled cases.
"Sorry, Mike, but the messenger who usually transports these to the court for us is off today. So, we need to trundle everything to the court ourselves. Now, I just need to go over how things will work. There is a chance that the examination of Ms. Kilpatrick will start today."
"I did not expect it till next week," I stated, having remembered the draft trial timetable.
"We didn't either until the witnesses we were going to call started dropping out. The CPS was hoping they might still get a couple to testify, but by yesterday, we ran out of witnesses. The defence has only notified us of two: Ben and Ms. Kilpatrick. Ben will be called this morning. Hopefully, that should be dealt with this morning. That means Ms. Kilpatrick will be on the stand this afternoon. I have no idea how long Ms. Nasty will take for her examination, but we have to be ready for the cross-examination to start today. The trial should be over by tomorrow at the latest. Then we have to wait for the verdict."
While the clerk was completing filling the cases and as we trundled along with the cases to the court, Bernard filled me in on what would happen during the cross-examination of Ms. Kilpatrick, a cross-examination that he would be conducting.
Sir David greeted us at the court. "It looks like this is going to be the last day for witnesses," he stated.
"That depends on your cross-examination of the first witness," Bernard pointed out.
"I hope I can avoid cross-examining him," Sir David stated.
"Is that likely?" I asked.
"It's a possibility," Sir David said. "It seems that our esteemed counsel for the defence had got a defence plan worked out predicated upon certain facts, like Trevor Spade being resident at Manston Hall. It seems her facts were incorrect. If that is the case, there is a strong possibility that she can dig herself into a hole from which I have no intention of extracting her by a helpful cross-examination."
The hearing started at ten, and after the usual administrative matters, Ben was called as the first witness for the defence. After he had been sworn in, Beryl opened with her first question.
"What is your occupation?" she asked.
"I am an entrepreneur working in the entertainment and leisure industries," Ben replied.
"You are not a film producer, then?" Beryl asked.
"That is one of many activities I am involved in," Ben replied.
"What other activities are you involved in?"
"I have an interest in a CGI company that provides services to the film and television industry; there is also a wardrobe-services business, and an agency specialising in fight directors and stuntmen. Also, I have interests in a hotel company that owns and operates several small hotels around the country and in a literary agent’s company; I am also part owner of an events-management company," he replied.
"You have not mentioned Manston Hall in that list," Beryl stated. "Isn't it right that you and your partner, Matthew Lewis, own Manston Hall?"
"No, we don't," Ben replied.
I whispered to Tim that the ownership had already been established. Tim replied that she was working from a script and had not updated it.
"Can you explain your relationship with Manston Hall, then?" Beryl asked.
"Yes, as I said, I am part owner of an events company, Manston Hall Events Ltd., we lease Manston Hall from Manston Hall Estates Ltd., which is owned by a trust fund of which I am not a beneficiary nor is my partner," Ben replied.
"Who was staying at Manston Hall last week?" Beryl asked.
"I am not sure what was going on at Manston Hall last week, as I am not involved in the day-to-day management. We have a management team for that. I do know that there was one party of specialist film extras at the Hall last week for a planning discussion about a proposed film shoot. Offhand, I could not give you a complete list of names, but I could get them for you?"
"But you were there, were you not?" Beryl asked.
"No," Ben replied. "The last time I was at Manston was in September."
Beryl picked up a copy of the News of the World which she displayed. "You were photographed arriving at Manston on Saturday the 29th of November and photographed on the terrace at Manston on Sunday the 30th of November," she said with a snarl. "Do you still insist that you were not there last week?"
"You really should not believe what you read in the gutter press," Ben replied. "I was with my partner all last week, staying with my brother and sister-in-law in Dunford."
"And where exactly were you staying?" Beryl asked.
"The Priory, Lynnhaven Road, Dunford, Essex," Ben replied.
"Who was resident at that address while you were there?" Beryl asked.
"My brother, Michael Carlton; his wife, Anne; Michael's son, Johnny; Tyler Lawrence; my partner, Phillip Smith, and myself," Ben replied.
"Is it not the case that Phillip Smith is the film star and producer Matthew Lewis?" she asked.
"You should know," Ben replied. "He's your brother."
There was a gasp from the jury.
"Please answer the question," Beryl insisted. "Is Phillip Smith, Matthew Lewis?"
"Yes," Ben replied.
"And during your stay at your brother's house, where was Trevor Spade?"
"He was with his partner at the base for their business in Lower Southmead," Ben replied.
"Did you see him during the period of your stay in," she looked down at her notes, "Dunford."
"Yes," Ben answered.
"Why did you see him?" Beryl asked.
"Because the company he owns with his partner are supplying internet-access facilities for the film I am currently involved with producing. As a result, we had to go to their offices on most days to undertake post-production activities."
"Is that the only time you saw Trevor Spade during your stay in Dunford?"
"No, a couple of times Trevor and Arthur joined us for dinner," Ben stated.
"How long have you known Trevor Spade?" Beryl asked.
"I have known of him for some years," Ben replied. "I may have met him a couple of times at some film-industry events but can't recall when. The first time I can recall meeting him was in February of this year when he came to discuss a possible role in our latest film."
"You met him at Manston," Beryl suggested.
"No, I met him at the Lamb and Flag; that's a pub just off Covent Garden."
"When did he visit Manston?"
"His first visit to Manston was Easter of this year. He came up with his parents for my brother's and Anne's engagement party."
Beryl looked a bit put out by these answers. I noticed that Ben was smiling.
The next half an hour was filled with a series of seemingly irrelevant question, which as far as I could see had nothing to do with the case. I was surprised that Sir David was not objecting. So much so that I passed a note to Bernard. He passed it back with the addendum, 'not important enough, and it is taking up time, which is to our advantage at the moment'.
"On the occasion when there was a confrontation at Manston Hall between Trevor Spade and Tyler Lawrence, you were present, were you not?" Beryl asked.
"Yes," Ben answered.
"And afterwards you took Trevor Spade to your office?"
"I did," Ben replied.
"And why was that?" Beryl enquired.
"Trevor was extremely upset. If anything, he was on the verge of a total breakdown. It was important to deal with the situation immediately and sympathetically. That could not be done in a roomful of people."
"And what passed between you and Trevor Spade in your office?"
Ben looked perplexed for a moment. Then he turned to the judge.
"My Lady, do I have to answer that question?"
"Why do you not wish to answer it?" the judge asked.
"I was acting in the capacity of a therapist when I was dealing with Trevor that evening. As such, I regard everything that Trevor said to me during the session in the office as being medically confidential," Ben said.
"On what basis do you claim the right of medical confidentiality?" the judge asked.
"I am a Chartered Member of the British Psychology Society, and I hold master's degrees in psychology and Child Psychology. In addition, I am a member of the British Association of Counsellors and Psychotherapists. When I am in the UK, I act in the capacity of a psychotherapist/counsellor for several different charities who work with homeless or distressed youths."
"That puts things in a somewhat different perspective," the judge commented. "Are you still counselling Mr Spade?"
"No, that would be unethical," Ben replied. "It is one thing to provide emergency support to a party you know, but it would be completely unacceptable to provide ongoing counselling and support. I referred Trevor to a professional colleague who I knew had the experience and skills to provide the assistance he needed."
"I presume you would be able to obtain proof to support your statement regarding your qualifications."
"Yes, I could," Ben replied.
"It looks as if I will have to adjourn the hearing to allow the proof to be obtained."
Sir David rose. "If I may assist the court?"
"Of course, Sir David," the judge said.
"We have available in court, certified copies of Mr. Carlton's qualifications. We are happy to submit them to the court as proof of his standing if it avoids extra delay in the conduct of the case." He held up a packet of papers. The judge indicated to the usher to collect the papers from Sir David and take them to her and defence counsel. As the usher did so, Sir David remained standing. "I would draw your Ladyship's attention to the judgement given in Venables v MGN (2001) All England Reports 908. I have a copy of the judgement available for the court and defence counsel." He picked up another packet of papers. The usher had to make a repeat trip.
The judge looked at the papers, then stated there would be a half-hour recess whilst she reviewed this matter in chambers. Once she had left, I commented that it was a good job Sir David had those papers.
"I was prepared in case I had to object if he started to breach confidentiality," Sir David informed me. "I was concerned that Trevor might have said something that could undermine the evidence he gave yesterday. So, I had to make sure that anything he said in that session with your brother would not come out in open court."
We sat in the courtroom and chatted about anything but the case. After about half an hour, an usher came around the court informing us that the judge would be restarting the proceedings in five minutes. I looked across at the defence side and found that Beryl was not there. She came into the courtroom, looking decidedly unhappy, just as the “all rise” call was made.
Bernard turned to me and whispered, "No doubt, she has been checking the ruling Sir David cited."
"Sir David, Ms. Carlton-Smith, I have looked at the material provided regarding the witnesses qualifications and status. I have also read the judgement of Dame Butler-Sloss," the judge stated. "Based on my examination of the documentation regarding the witness, it is clear that the witness is qualified to act as a medical professional in the field of psychology. The judgement of Dame Elizabeth Butler-Sloss in Venables v Mirror Group Newspapers in 2001 makes it quite clear that the information obtained by a psychologist or a therapist acting in a therapeutic setting is, and must remain, confidential.
"The question, therefore, arises as to whether or not the witness was in this instance, acting in a therapeutic setting? That is, was he acting as a therapist or was he acting as a concerned friend who was giving advice and support?
"In considering this, one has to consider the actions that were taken by the witness with regard to the person of Trevor Spade. He removed Trevor Spade from the environment where he was, which was clearly not suitable for therapeutic intervention, to one which was more suitable for therapeutic intervention.
"It is my opinion that in this instance, the witness was acting in a therapeutic manner in what he considered to be a psychological emergency. Whether or not it was such an emergency is not of importance. All that is required is that the parties involved believed it was, and as a result, regarded the interaction that was taking place as a therapeutic intervention. I believe that this is the case here.
"Once that is established, I have to take regard of the judgement of Dame Elizabeth Butler-Sloss and find that the information and knowledge received by the witness during his counselling of Trevor Spade is confidential and does not have to be disclosed in this court.
"As a result, I have to direct the witness not to answer the question that was asked by the counsel for the defence."
Beryl looked furious.
"Counsel for the defence may now put their next question to the witness," the judge stated.
"How long was this 'therapeutic' session with Mr Spade?" Beryl asked.
"I can't honestly say," Ben responded. "Probably about half an hour, maybe a bit longer."
"You are not certain how long it was?" Beryl asked.
"No," replied Ben.
"So, it could have been longer. It could have been an hour or maybe two?"
"There was no way it could have been over an hour," Ben stated.
"How can you be so sure; you said you were not certain how long it was?" Beryl responded.
"Because they were still serving drinks in the reception lounge. They had just started serving them when we went to my office, and they only serve them in there for an hour to give staff time to clear and clean the dining room before that is used for the party."
Beryl seemed stuck. It appeared that she was not getting the answers she was looking for. Then she took a step closer to the witness box.
"I put it to you that you implanted the idea in Trevor Spade's mind that he had been abused by my client. That you used your skills as a psychologist to manipulate his mind to cover up your sexual relationships with him. Isn't that the truth?"
"Is it not the truth that you have been having a sexual relationship with Trevor Spade and gave him the part in your latest film in return for him supplying sexual favours?"
"Then why did you give him the part in the film? There are a lot of better actors out there."
"First, I do not think there are a lot of better actors out there. I believe that Trevor Spade is one of the best actors around, as you will see when the film is released. As to why he got the part, that is simple; it was written for him. The writer of the book upon which the screenplay is based had Trevor in mind when he wrote the descriptions of the main character."
"Thank you; I have no more questions."
"Sir David?" the judge asked.
"I only have one question, my lady."
"Mr. Carlton, if the writer of the book had Trevor Spade in mind from the start, why is it that a casting director approached him? Surely you could have approached him directly?"
"Initially, we did not know about the writer's thoughts. We asked our casting director to come up with three possibilities: Trevor was one of them. She told us he fitted the description in the book almost exactly. When we got to deciding on who should play the part, we showed the photos of the three we had in mind to the writer, and he told us then he had written the book with Trevor Spade in mind for the part."
"Thank you. No more questions."
Ben left the witness box. The judge then adjourned for lunch.
Immediately after lunch, the defence called Susan Kilpatrick to the stand. Once she was sworn in, Beryl started her questions.
"For the benefit of the court, could you, please outline your qualifications?"
"I hold a doctorate in Forensic Psychology and a second doctorate in Neuropathology," she stated. "I hold the post of visiting professor at the University of Southwest New York and at the Franklin Wright University in New Mexico. I am the author of several books, articles and papers on forensic psychology."
"Thank you," replied Beryl. "Can you confirm that you have read copies of the statement give to the police by Trevor Spade?"
"Yes, I have," Dr. Kilpatrick replied.
"What opinion did you draw from that statement?"
"That the person making the statement was probably subject to False Memory Syndrome."
"For the benefit of the court, could you explain to the court what False Memory Syndrome is?" Beryl requested.
"It is a condition in which a person remembers something and believes that memory to be true or accurate, but in fact, the memory is totally false. The person with the false memory does not have any way of knowing that it is false and will act in a manner consistent with the memory being true and accurate. The more often that they act on the memory believing it to be true and accurate, the more entrenched the memory becomes in the person, so the harder it becomes for them to accept that the memory is a false memory."
As she was speaking, I pulled out the mind map for false memory. Her description fitted a reference on the map. I found the appropriate document in the pile of paper. Made a note on a sticky tab, which I attached to the document and passed it over Bernard.
"Is it correct you have done considerable research on False Memory Syndrome?" Beryl asked.
"Yes, it is," Dr. Kilpatrick replied. "It has been my life work."
I pulled out the mind map on Dr. Kilpatrick. There were a number of different fields in which she had published. I made a quick note of them and passed it to Bernard together with a copy of the mind map. Bernard was making notes on his legal pad.
"Could you explain to the court how these false memories can arise?" Beryl asked.
"Certainly," replied Dr. Kilpatrick. "There are many circumstances that can give rise to a false memory, and the exact details of the process are still not fully understood. However, the majority of false memories can be traced back to one of a limited number of circumstances.
"The first of these is expectation. People see what they expect to see, not what took place. There was a case a few years ago when a number of people stated that a vagrant had pushed through the crowd on a subway platform and then pushed a woman onto the rails in front of an oncoming train. The man in question, who turned out to be the woman's brother, was arrested on suspicion of murder. It was only when CCTV of the incident was examined was it realised that the man in question had actually been trying to grab the woman and pull her back from the edge of the platform.
"The people who had seen the incident had assumed from the man's appearance and his aggressive behaviour pushing through the crowd that his intentions were aggressive to the woman. They, therefore, remembered seeing the aggression being played out with the man pushing the woman, even though this sequence of events was wrong.
"There has been quite a bit of research done in the United Kingdom on traffic-accident witnesses. What was shown was that people often reported what they expected they would have seen, not actually what they had seen. In one such case, several witnesses stated that they had seen a car pull out of a side road into the path of an oncoming vehicle. From an initial inspection of the crash site, this is what one would have expected to have seen. Again, CCTV footage was available and inspected. The vehicle in the side road had, in fact, pulled out into what was a clear road. They were about halfway across the main road when there was an engine failure and the car stalled. The car on the main road approached at excessive speed and could not stop in time to avoid a collision.
"Both of those are examples of expected induction of false memories. Another cause of false memory is memory rejection. This is not so common. It occurs when the subject of the false memory has been exposed to something that they regard as so horrific that they cannot cope with it. As a result, they reject the memory and replace it with something else that explains the facts but is not so horrific for them to cope with.
"An example of this can be found in some of the accounts from the survivor witnesses of the death camps at the end of the Second World War. You find that some of the survivors report incidents of cannibalism in the death camps. Others, who were in the same camps, sometimes in the same hut, make no such reports. They do, however, tell of the guard dogs eating the corpses of prisoners. There is no reference to the latter in the German sources, and it is thought amongst many in my field that this is an example of replacement. They find the idea of their fellow prisoners eating the corpses so repulsive that they replace them with the dogs.
"The final leading cause of false memory is inducement. This is where a third party, usually a therapist or somebody in authority, induces the subject of the false memory to remember things in a certain way by means of suggestion. Such a suggestion may be deliberate or accidental.
"One example of accidental suggestion is where a police interviewer says to the subject that they were not to blame for what happened, that they were too young to be held responsible. That sets up a potential for a false memory to be built. Later during the interview, the police interviewer may ask a question along the lines of, 'How old were you at the time? Was it twelve?' If this age is lower than the actual age when the event happened, there is a tendency for the subject to agree with the suggested age, as it reduces their responsibility. From that point forward, they will believe that the events happened when they were twelve.
"There have been several instances where therapists have led patients to believe that they have been abused due to the therapist's belief that parties displaying the symptoms shown by the subject must have been abused. This can lead the therapist to suggesting patterns of abuse which are accepted by the subject as an explanation of their behaviours and symptoms. In such cases, the subject often finds it easier to accept an explanation of abuse rather than face the true underlying reason for their behaviour."
This statement rang a bell with me. I quickly looked through the mind maps and found what I was looking for. In one of her papers, Dr. Kilpatrick had argued against this specific scenario. I made a note, attached it to the relevant paper, and passed it to Bernard.
"Another induced scenario is where an authority figure, respected and trusted by the subject, deliberately sets out to plant a false memory in the subject. This may be done for legitimate or illegitimate reasons. For example, a psychologist faced with a patient who has a particular memory of a highly traumatic incident may well feel justified in altering that memory via means of suggestion to something that the patient can deal with better. It is also possible for a person with the appropriate understanding of psychology to induce in a subject, especially if they are able to use hypnosis, a belief in the actuality of certain events when they did not happen. This is not as difficult as may be thought."
"Thank you for your explanation, Doctor," Beryl said. "You stated that you believed that Trevor Spade had False Memory Syndrome, how did you come to that opinion?"
"In his statement to the police, the witness stated: 'I'm able to see what was really going on.' He, later in the same statement, said: 'It all became clear to me.' This strongly indicates that he was experiencing memories that he did not have before. A classic sign of False Memory Syndrome."
"In your opinion, how did these memories come about?" Beryl asked.
"Well, in my opinion, the belief in these memories must have been induced by a person who had a good background knowledge of psychology and psychotherapy," the witness answered.
"So, they could have induced by somebody like Ben Carlton, who holds higher degrees in psychology?"
"Yes, that is quite possible," Dr. Kilpatrick answered.
"And could these memories have been induced in a period of about an hour while Ben Carlton was supplying 'emotional support' to Trevor Spade?"
I was sure that Kilpatrick had said something in one of her papers which was contrary to that statement. Scanning my mind maps, I found the one I was looking for. Once more, I made a note on a sticky tab and fixed it to the appropriate pages, which I passed over to Bernard.
"In your opinion, it is likely that Trevor Spade was showing signs of a false memory in the statement he gave to the police. Is that correct?" asked Beryl.
"That is my opinion," Dr. Kilpatrick answered.
"In your opinion, given that he holds a degree in psychology, would Ben Carlton have the required knowledge to induce such memories?"
"It would depend on what his background in psychology was," the witness stated. "If he had trained in clinical or child psychology, he definitely would have those skills."
"Thank you. No more questions."
"Sir David?" the judge asked.
Sir David stood and turned to the judge. "My Lady, in this instance, the cross-examination will be conducted by my colleague Mr. LeBrun."
"Mr. LeBrun, do you wish to question the witness?" the judge asked.
"I do, My Lady," he replied, picking up a stack of papers and moving to the front of the court.
"Dr. Kilpatrick, you said at the start of your evidence that false-memory syndrome was your life's work," Bernard said. "Is that correct?" Somehow, he had been able to say the words, 'false-memory syndrome', in a way that removed the emphasis from them; not only that, he made them sound suspicious.
"Yes, I've done other things, but most of my work has been on False Memory Syndrome," she answered.
"How many papers, articles, and books have you published in your career?" Bernard enquired.
"I'm not certain," Dr. Kilpatrick replied. "Probably about two hundred."
"What percentage of them was related to false-memory syndrome?"
"I can't give an exact number, but the majority of them," the witness responded.
"I see. By majority, do you mean above fifty percent or more than sixty percent or maybe higher?"
"More than sixty percent," Dr. Kilpatrick answered.
"I see," stated Bernard. "You might be interested to know that so far as we have been able to establish, you have published a total of one hundred and ninety-four papers, articles and books. It appears that a total of ten papers, twelve articles and two books relate to the so-called, false-memory syndrome. That is a total of twenty-four pieces of work out of nearly two hundred. I calculate that as being just over twelve percent of your work relating to the subject. Not exactly a major part of your work, is it?"
"It took most of my time doing that work," she replied, looking a bit flustered.
"You seem to have surprisingly little output then for all the time you have put into your specialist subject," Bernard commented. Sir David nodded at that comment. "Let us look at your work. You are a visiting professor at the University of Southwest New York, is that correct?"
"Yes," Dr. Kilpatrick responded.
"Would you be kind enough to advise the court of what you are visiting professor of?"
"Is that necessary?" the witness asked.
"I think so, yes," replied Bernard.
The witness looked at the judge, who directed: "Answer the question."
"I'm a visiting professor of historical psychology," Dr. Kilpatrick replied.
"And what is the subject of your visiting professorship at Franklin Wright University in New Mexico?" Bernard enquired.
"Thank you," Bernard replied. "Do you actually teach or lecture anywhere on false-memory syndrome?"
Dr. Kilpatrick did not reply immediately. She shifted about in the witness box, looking decidedly uncomfortable. Finally, she looked at Bernard and answered. "No."
"Thank you, Doctor Kilpatrick," Bernard said. He managed to say the word doctor in a manner which suggested there was something questionable about it. Was the person being addressed actually entitled to that mode of address? "Perhaps, for the benefit of the court, you might like to list the research grants and organisations that you work with on projects relating to false-memory syndrome?"
"I work in a self-funded institute," she replied.
"What is this institute?" Bernard asked.
"The Dolan Institute for Psychological Research into Memory," Dr. Kilpatrick replied.
That name rang a bell with me. I checked my mind maps and found what I was looking for. Bernard looked over and saw what I was doing. He asked a question about the type of research the institute did. I pulled out the information I had found and made a quick note for it, which I passed forward to Sir David. He then passed it to Bernard, who looked at it while Dr. Kilpatrick was answering the question he had posed.
"Thank you for that information," Bernard said at the end of the witness's answer. "If I could explore the question of the Dolan Institute some more?"
"Objection," Beryl called out as she stood.
"Please state your objection, Ms. Carlton-Smith," the judge said.
"My Lady, the prosecution is following a line of questioning that has no relevance to the facts in this case. The nature of the research institute that Dr. Kilpatrick works for is not relevant to the facts of the case."
"Mr LeBrun, can you justify your line of questioning?" the judge asked.
"My Lady, the defence has presented Dr. Kilpatrick as an expert witness. In that capacity, she has made suggestions that the evidence given by one of the prosecution witnesses in this case is based on a false memory. Further, it has been put forward by the defence that the memory was induced in the prosecution witness by a party who the defence has called as a defence witness. In my questioning of this defence witness, I am trying to establish the level of her expertise in the subject she is pronouncing on and the veracity with respect to the statements she is making to this court."
"Thank you for confirming to the court your intention with this line of questioning," the judge said. "I will allow it for the time being. Objection denied."
"Thank you, My Lady," Bernard said.
"Now, to return to the matter of the Dolan Institute," Bernard addressed the witness. "Can you tell this court what your maiden name was?"
"Susan Dolan?" Dr. Kilpatrick replied.
"So, the institute is named after yourself?"
"No, it's named after my father," she responded.
"And who named it after your father?" Bernard asked.
"I did," she admitted.
"So, you named the institute where you work, an institute that you set up, after your father. Can you tell us why?"
"He was a man I respected and admired; I wanted to honour him," Dr. Kilpatrick answered.
"I see," Bernard said. "This would be the man, who you stated in your book, Understanding the Self, beat and raped you repeatedly. It seems strange that you would seek to honour a man who you remembered for such acts — or was that a false memory?
"I put it to you that you named your research establishment the Dolan Institute in order to disguise the fact that it is, in fact, nothing more than you, yourself, producing papers, articles and books with little or no research behind them."
"No, that's not true," Dr. Kilpatrick shouted.
"Let us move on to other matters," Bernard said. "In your evidence to the defence counsel, you stated that an hour would be long enough for a false memory to be implanted. Is that correct?"
"Yes, if the person implanting the memory had a knowledge of psychology," Dr. Kilpatrick stated.
"In your paper, 'False Memory Inducement, a Case Study', you state: 'The planting of false memory takes time and skill. Such is the skill level required that very few professionals are capable of doing it. Even those that can, require weeks, if not months, of daily access to their subjects to establish maintainable false memories, which must be constantly reinforced.' This does not sound like something that can be done in an hour, does it?"
"That paper was written twenty years ago. There has been new research on the subject that has shown it is possible to induce a false memory in a very short period of time, especially if one is able to employ drugs and/or hypnosis," Dr. Kilpatrick stated.
"And when did you become aware of this research?" Bernard asked.
"About five years ago. I confirmed it myself with experiments a couple of years ago," she stated.
"Then why, in the case of McElvery v Rienstann, did you state: 'It would take many sessions, each lasting two to three hours, conducted over, at least, three months minimum to plant a false memory in a subject'? A statement you made only three months ago?"
There was no answer.
"I put it to you," Bernard said, his voice reverberating around the court, "that you are nothing more than an opinion for hire, changing your 'expert' view to fit the needs of those paying your fees. Is that not so?"
You could almost hear the inverted commas around the word expert.
There was no answer. Dr. Kilpatrick remained silent. The court remained silent after what seemed to be an eternity of silence. A single word was unconvincingly spoken. Dr. Kilpatrick said, "No".
"No, more questions, My Lady," Bernard said. Then he returned to his seat.
"Does the defence have any more witnesses to call?" the judge asked.
"No, My Lady," Beryl replied.
"Sir David, if you would like to present your closing argument," her ladyship instructed. Sir David nodded to the judge, then stood and turned to face the jury.
"Members of the jury, you have heard from both the prosecution and the defence. It will soon be time for you to make your minds up as to the guilt or innocence of the accused. In doing so, I would ask you to consider the evidence you have heard.
"Three young men, one of whom is well known to all of you, have told of their experiences at the hands of the accused. They have told of being raped, not only by the accused but by men who were paying the accused for the right to rape these boys. Let us not forget that, at the time the offences occurred, they were not young men in their late teens. They were young boys not yet on the cusp of adulthood.
"Each of these victims has positively identified the accused as the person who instigated their rapes and their abuse. They have also identified him as the person who forced them to perform sexual acts with each other and with other boys and men for the purposes of making pornographic videos.
"The only defence that has been put forward by counsel for the defence is that somehow or other, one of these boys was suffering from a false memory. No hard evidence for such a false memory has been offered, just the opinion of an expert from the United States. An expert whose expertise I would suggest is of questionable standing.
"The decision now rests with you. I could take you through the evidence that has been presented in fine detail. In this case, I do not think such forensic examination is necessary. I am sure that you have not forgotten the testimony of those boys who appeared to give witness in this court nor the evidence that the police found in the search of the defendant's property, which you have viewed. It is, I am confident, a series of images that you will not find easy to put out of your mind.
"I will, therefore, just ask you to consider carefully all the evidence that has been presented to you, and on that basis, bring in a verdict of guilty."
It was Beryl's turn next.
"Members of the jury, you have heard the allegations made by the witnesses against the defendant. The question you must ask yourself is: how accurate are the memories of the witnesses? You have heard the testimony of Dr. Kilpatrick, a person who has made a study of the phenomenon of false memory.
"What you must ask yourself is: can you believe that what these witnesses say they remember happening, actually happened? If you have any doubt, if there is any chance that these may be false memories, you must acquit my client.
"What you must ask yourself is what went on during the time that the main prosecution witness was secreted in a room alone with Ben Carlton. We have had no explanation of what was said or done during the time they were together. Why was a young man who was distressed in a room 'receiving emotional support' from the partner of a convicted sex offender?
"Was Ben Carlton using his skills as a trained psychologist to mess with the young man's memory? Did he use that time to implant a false memory? Ask yourself if you can be sure that he did not? If you cannot be sure, you must acquit my client.
"It is the position of the defence that the accusations made by the witnesses against my client are false. They are the product of false memories. As such, I say to you that you must find my client not guilty."
With that comment, she returned to her seat.
"Members of the jury, I would at this point normally give you my summing up. However, it is getting close to the time when this court must conclude for the day. I am, therefore, adjourning this hearing till the morning, when I will make my summing up."
"All rise," was called, and the judge exited the courtroom.
"Well, what do you think?" I asked, generally of both Sir David and Bernard.
"It will be a guilty verdict," Sir David said. "You could see that by looking at the jury. What is not clear is how she is going to get it overturned. I think that is why the judge is taking her time before giving her directions to the jury. She must know that Ms. Carlton-Smith is looking for an excuse to appeal and get a retrial."
"I don't understand why Beryl took on this case," Bernard stated. "She must have known it was hopeless from the start."
Why did she take on the case, I wondered? Then it struck me. She had no choice.
"Mayers has got something on her," I stated.
"If he has, it must be something big," Bernard said.
"It is," I replied. "At least, if what I suspect is true, it is."
Sir David invited us to join him for a drink at the Punch and Judy, but I excused myself, saying I needed to get home.
I managed to get a train just before five, so it was before seven when I got into the Priory.
Tyler, Johnny and Anne were in the kitchen.
"How did it go today?" Johnny asked.
I gave them a synopsis of events.
"So, it could be over tomorrow?" Johnny asked.
"It looks that way," I replied. "Can't see the jury having a problem with conviction."
"Good," Johnny replied. "Dad, can I scrounge a lift to and from the station tomorrow?"
"Why? You’re not thinking of coming to the court are you. They won't let you in," I informed him.
"No, though I will meet you outside the court afterwards," he stated. "Need to get a textbook, and Blackwell’s have it."
"I could pick it up for you, if you like," I told him.
"Would prefer to go and look around, see what else they have got. Anyway, Joseph only has a half-day tomorrow, so we can meet up early. It's his weekend here."
"What about college?" I asked. "You'll be missing class."
"Dad, we finish on Wednesday, nobody is doing anything serious. It’s just recaps of the term to date. Anyway, two of my classes tomorrow are cancelled because of exams are taking place in those classrooms. So, I am only missing two sessions of woodwork, which I can easily make up if I need to."
"OK, then, but keep your phone with you and switched on so I can contact you when court gets out."
At that point, Anne served up dinner. Luckily, I had phoned her when I got on the train, so she had known what time to expect me back.
"How are things going with the business proposal?" I asked Tyler.
"Nearly got it done," he replied. "I've had to ask for clarification on some of the figures I got from New York; they did not seem to make sense. Once I get that, I can put the final figures into the spreadsheet and get everything together."
"Why do you need clarification?" I enquired.
"It's just some of the figures do not make sense. The equipment is listed with an asset value of one-point-two million dollars, but the insurance cover on it is for four million."
"Tyler, the insurance cover is likely for the replacement cost; the asset value is the depreciated value that is on the books. They wipe a certain amount of the value of an asset off each year so that the cost of replacing it can be covered when it wears out. At least that is the financial theory," I told him.
"I see I need to learn a lot about the accountancy side of the business," Tyler stated.
"Don't worry; we all did," I assured him.
"Anne said I should talk to somebody called Zach; said I should ask you about him," Tyler said.
"Yes, Zach probably could help you," I stated. "I need to speak to him myself. How about if I can arrange an appointment with him for us next week? Do you think you will have your figures by then?"
"Should have," Tyler replied. "I emailed my queries to Jack this morning and got a reply he would try to get the answers back to me by close of business Friday, which is about nine Friday night for us. So, I should be able to work on them over the weekend. Would like to get somebody to look over them first before I put them in front of a financial expert."
"I can do that for you, Tyler," I informed him. "Try to get something together for Sunday afternoon, and we can look at them.
"How are things going with the apartment?"
"Good. Matt had the workmen in there today taking down walls. He says the rewiring will start tomorrow; should take a couple of days. He is hoping to have the workshops finished this weekend so that he can move a full team onto the job next week. Says it should be finished by the twenty-first, though it can't be decorated till all the plaster has fully dried out. Told him not to bother; I'll decorate it myself."
"What about the kitchen and bathroom fittings?" I asked.
"Anne said she would take me to some warehouse over the weekend where I can get the stuff. Matt says it can be fitted Thursday or Friday next week if things go to plan. If they don't, he'll get a couple of the lads in on Saturday."
I guessed it was the same place where we had got the stuff for the Priory. Once we had finished dinner, Johnny offered to clear up. Tyler volunteered to give a hand. Anne said she had some reading to do, and I went through to my study to catch up on emails. I was pleasantly surprised to find fewer than I expected. Though I did ask myself if this was a worrying sign and I was falling out of favour.
I need not have worried about that, one of my emails was from Irene, saying she had received a confirmation for me to commit to another of the industrial-archaeology series, and two enquiries about my availability for new, science-based series. It looked as if I was still in demand.
It took me just over an hour to deal with the emails. I then went and made some drinks and took them through to the lounge where Anne was reading. She thanked me for the hot chocolate and got back to reading, mumbling that she had to get this chapter read for the morning.
"So, you're going into college?"
"Don't have much choice," she informed me. "I have one of the exams that’s displacing Johnny's classes."
This surprised me; then I realised I had not talked to Anne very often about her course.
Friday morning, I found Johnny in the kitchen making breakfast when I got there. He informed me that he thought getting the breakfast made would help in getting away early this morning. I pointed out that it would not make that much difference as we were meeting Martin at Southminster station and could not catch an earlier train.
"Well, I was up at five," he informed me. "So, it was no problem to start breakfast early. Just brewed a pot of tea. There's coffee for Anne when she comes down."
I poured myself a mug of tea and grabbed a round of buttered toast off the side.
"What are your plans for today?" I asked.
"I'm meeting Neal this morning. He's doing me a favour, but I have to pick things up from him this morning before he goes into a lecture. It's his last day of lectures this term, and he is off to Warwickshire to spend Christmas with Maddie and her family."
"He's not picking her up from Cambridge, then?"
"No, Maddie finished on Wednesday. Anyway, she's got her bike."
I had forgotten about the Honda Gullwing that the girl rode.
"So, what's after meeting Neal?"
"Not sure," he informed me. "Was hoping to meet Joseph for lunch because of his half-day today, but he's told me he has to get home and changed first, so will meet me later probably about two-thirty. Thought I might see what's on at the Science Museum, as it is close to Neal's, then meet Joseph at Blackwell's."
Anne joined us just then, carrying a textbook that she was obviously reading.
"It's no use revising now," I commented. "Much too late."
"I know, but I just can't get this query structure fixed in my head," Anne stated.
"What's a query structure?" Johnny asked, turning over the bacon in the pan.
"The order in which a database-management system carries out an SQL request," Anne replied. She then proceeded to give us a detailed explanation of how an SQL statement was executed.
"Not sure I wanted to know that," Johnny commented as he put three eggs into fry in the other pan.
"I'm not sure I want a cooked breakfast," Anne commented, pouring herself a coffee.
"You've got an exam," Johnny stated. "You need a good breakfast to give you the energy to get through it."
"Could you drop me off at college on your way to Southminster?" Anne asked.
"Yes," I replied. "But how will you get back?"
"Marcia has the same exam, so I can get a lift back with her," Anne replied. "But she needs to drop the kids off at school before she goes in, and I would like to get there early. Could do with a bit of time in the library."
"It's not a good idea to swat up just before an exam," I pointed out.
"This is not for the exam," Anne replied. "I need to check on a couple of titles; think I may have ordered the wrong books from Amazon yesterday."
Johnny started to serve up breakfast.
We made it to Southminster in good time and had the better part of half an hour to wait before our train arrived. Martin joined us just after eight. While we were waiting, he handed me a letter. It was from Lee to Martin, telling Martin to accept the offer of employment on his behalf and asking Martin to pass on thanks for the advance on expenses. On the train going into London, Martin went over the proposed contract of employment for Lee. It was all fairly standard. I was given an assurance that there was no need for it to be signed in advance of the employment starting. It could be done any time in the first couple of weeks. I resolved to get that sorted the first day.
I got into the court just on ten. Martin accompanied me to the court as there were some papers Bernard needed to see. There was some delay before the judge came into the court. Bernard and Martin took this opportunity to go over the papers. While this was going on, Beryl came over and asked me how Johnny was doing. She wanted to know if he had given up on becoming a yacht designer. I told her he was still working on that goal.
Bernard and Martin had just completed going over the papers by the time the judge entered the court at ten-twenty. As soon as the formalities were over, Martin took the opportunity to leave for his office.
"Members of the jury, over the last week you have heard evidence from both the prosecution and the defence," the judge stated. "It is not my job to influence you with respect to the evidence you have heard. I am here to guide you on the law as it refers to this case and to remind you of that evidence which you might find of relevance to the case …"
For the next half an hour, the judge worked through all the salient points in the case, reminding the jury of them. Offering no opinion about any of the points raised by either prosecution or defence, she stated each point in turn and the response made to it when a response had been made.
Finally, the judge came to the evidence of Dr. Kilpatrick.
"Dr. Kilpatrick was called by the defence as an expert witness," she said. "It is essential that the jury understands that in the case of expert witnesses, the evidence being given is not one of fact but one of opinion. The expert states an opinion based on their expertise in a specific area of knowledge. It is an opinion, not a fact. The expert may state that they believe a certain thing; that is a matter of opinion. They cannot say that they know that something is an actual fact, for they have no direct knowledge of the events that have given rise to this case
"In judging the testimony of an expert witness, a number of factors have to be taken into account. First, is the credibility of the witness. Second, is the consistency of the opinion they are putting forth. Third, is how the opinion expressed fits with the facts of the case.
"I will deal with each of these in reverse order. With respect to how the opinion of Dr. Kilpatrick fits with the facts of the case, it must be stated that it does not. There is no evidence at all in the case to suggest any form of false memory. Indeed, the consistency of evidence given by the victims, in this case, suggests the exact opposite.
"With respect to the consistency of the opinion put forth by Dr. Kilpatrick, there are clear grounds for concern. In his cross-examination of Dr. Kilpatrick, the prosecution advocate clearly demonstrated that the witness was not consistent in her opinions. Indeed, he was able to show by reference to her own work, that elements in Dr. Kilpatrick's testimony to this court were contrary to what she had stated elsewhere.
"Finally, there is the question of the credibility of the witness. In this, I find that Dr. Kilpatrick does not come over as a credible witness. It would appear that she is, to use the expression given by the prosecution advocate, 'an opinion for hire'.
"That being the case I have no alternative but to instruct the jury to disregard the testimony of Dr. Kilpatrick in this case…"
The judge continued a bit longer, giving the jury specific directions on how to proceed in reaching their verdict and then dismissed them to the jury room to come to their conclusion.After the court rose, we made our way out to the lobby.