The Victim (46 page)

“
Bryan had two alcoholic drinks but was not impaired. Daniella consumed no alcohol. When the night was over Bryan insisted on driving Daniella back to her apartment. And she figured, why not?” Sylvia threw up her hands. “Downtown Miami’s not the safest place for a petite woman like Daniella to be walking around at two in the morning. Because Bryan had more drinks than Daniella, she decided to drive. She figured she could control the situation better if she were behind the wheel. She didn’t want this to turn into a sleepover. This marriage was not going to be repaired over a few drinks. She wanted to drive back to her building and let him drive himself home.”

Sylvia quickly walked the jury through the points that Anton was going to stress. The fact that Bryan casually followed Daniella inside the building, at her invitation. The fact that she signed him in as her guest. The fact that they rode up in an elevator in peace and silence. Like the Orlando Rivera DUI trial just two months earlier, Anton had won that case by highlighting all of the things that his client had done right. There were two sides to this coin.

“
At the door to her apartment, Daniella wanted a quick and painless goodnight. A kiss on the cheek. A
nice to see ya
, and that would be it. But…” Her voice fell to an ominous octave, “that wasn’t what the defendant had in mind. He wanted his wife back! He tried to kiss her! She said no! And that, ladies and gentlemen…
that
set him off. Just like with Vicki Brandt, he forced his way into her apartment, he unbuckled his—you guessed it—belt. Made a noose of it and wrapped it around Daniella’s neck. And he pulled and pulled and pulled until she fell to her knees and could not breathe. And all the while, he’s telling her, ‘I’d rather see you dead than living on your own without me.’”

Sylvia discussed how Daniella was able to free herself and hide in her bedroom. Sylvia warned the jury of the harrowing 911 call they would hear—the victim’s gut-wrenching cry for help. She explained how the police and building security stormed the apartment and how Bryan fought with the arresting officer. Sylvia quickly skimmed over the facts that would constitute the resisting charge without shifting focus. This was an attempted murder case, not a resisting arrest case.

“
So in conclusion, ladies and gentlemen, the defendant sits before you, accused of three crimes: attempted first-degree murder, burglary with an assault and battery, and resisting an officer with violence. I ask that you listen closely to the testimony you’re going to hear, that you dedicate your utmost attention to the exhibits you’re going to see, and follow intently as the judge instructs you on the law at the end of this trial. You are charged with a grave responsibility, but at the same time, you are in a unique position to do justice in this case. There is no question that the evidence that is about to be presented to you proves Bryan Avery guilty of each of his crimes beyond and to the exclusion of every reasonable doubt. At the end of this trial, I ask that you do the right thing, the lawful thing, and the just thing, and find Bryan Avery guilty. Thank you.”

Sylvia sat down.

Judge Morales smiled. “Thank you, Ms. Kaplan. Mr. Mackey?”

Anton gathered his legal pad and scooted out his chair.

“
Congratulations,” he whispered to Bryan as he half-stood. “We’re the most hated men in this courtroom.”

CHAPTER 48

Anton set his legal pad down on the podium and then stepped away, walking right up to the railing and placing his hands down.

“
Forgive me, I do have some notes. I’m not as seasoned as Ms. Kaplan.”

The comment lightened up the jury, breaking their stone stares into something looser, more comfortable. Not quite smiles, but this trial was no laughing matter.

“
What can I say, folks, I’m a young attorney. One day I hope to be as fluid and as persuasive as my counterpart. However, for the time being, I can honestly say that I agree with a whole lot of what she said.”

Anton could have sworn he heard an audible gasp coming from Bryan.

“
Not too often that a defense attorney and prosecutor agree on the facts. But, the devil’s in the details. I’d like to take my time here before you to go over some of those details that Ms. Kaplan so astutely skipped over.”

Sylvia stood. “Objection, Your Honor, this—”

Judge Morales held up a hand. “Ms. Kaplan, this is an opening statement. Counsel’s permitted to tell the jury what he believes the evidence will show. Overruled.”

Anton continued. “If you’re to accept the State’s version of the facts then you’re to accept half-truths and forgone conclusions. Frankly, that’s not what we do here. Like the sign says above the bench: We who labor here seek only the truth. If you read between the lines—the lines that the State would conveniently like you to overlook—then you will see the truth. The truth is that Bryan Avery is not guilty of anything other than getting involved with a vengeful woman.

“
I said I agree with a lot of what Ms. Kaplan said. And I do. Bryan and Daniella met as young people do. They fell in love. They got married. They decided to split up. That’s life. Now the State will have you believe that Bryan was jealous, possessive, and wouldn’t permit her to live a life without him. Nothing could be further from the truth. The evidence will show that during the two months that they had been separated, Bryan respected Daniella’s space, respected her privacy, and even ensured that she was taken care of. He made sure she had money to live on, as well as her own apartment. While he certainly wasn’t happy with the concept of separating from his wife, he wasn’t going to stand in her way if being apart meant that she was going to be happy.”

Anton began moving along the railing, reading the gazes of his jurors. Several were taking notes on the legal pads provided to them by the bailiff, which was good. They were receptive to a different point of view.

“
What the evidence will show is that for three days up until the night when Bryan and Daniella went out for drinks, Bryan had not made one single phone call to her. Not one single text. Nothing. He was giving her that space she wanted without protest or reservation. It wasn’t until Monday night, January 13th, that Daniella reached out to Bryan via text message and invited him to Blue Room. Had she not sent out that text, the meeting would have never occurred.

“
What you all have to realize is that Bryan comes from serious money. Now we talked about this at length during jury selection and we all agreed to be fair and impartial and judge this case only on the evidence. So he’s got money. It’s the American Dream, people. We all want money. He’s just fortunate enough to have achieved it. The issue with money is that it can make people do things they normally wouldn’t do. In Daniella’s case, she became desperate at the thought of losing the life that Bryan’s money had provided. It had been some time since Daniella had been in the workforce and if she and Bryan divorced, things were not looking good for her in any potential settlement. They had no kids, and quite frankly, all the money in the marriage was his. She didn’t want to be with him anymore, but she didn’t want to be without the security and comfort he was able to provide.

“
During the course of the night at Blue Room, Bryan was drugged. Daniella dropped two pills in his vodka martini when he got up to use the restroom. The intoxicant in the substance may not be familiar to you—benzodiazapine. But the drug may ring a bell. Rohypnol, the date rape drug. This is not speculation, ladies and gentlemen. She drugged him, drove him back to her apartment, where you will watch surveillance video of her leading him upstairs, signing him in as her guest, riding up thirty-six floors in an elevator, and leading him down the hall to her room. These details, the ones the state doesn’t want you to consider, highlight the fact that Bryan was not following her against her wishes with the intent of committing a violent act.”

Two of the female jurors, the sixty-four-year-old grandmother and the twenty-one year-old graduate student, looked to the prosecution table with wide eyes, gauging Sylvia’s reaction. The prosecutor who had been so compelling in her opening was being called into question. Anton felt a surge of confidence. The twenty-one-year-old graduate student, Celia DeMoya, juror number nine, had been paying rapt attention. She was working on a master’s in psychology and had assumed a seat in the front row of the box, center seat. Her notepad resting on her knees, Anton could see a full page of impeccably handwritten notes. He saw that a thick line had been drawn across the middle of the page, separating the top from the bottom. Celia was categorizing her notes by state and defense. She kept sliding her thick black reading glasses up and down the slope of her nose, shifting their position based on whether she was taking notes or watching the opening. He remembered that she stood when called upon during
voir dire
and had answered the questions in a loud, confident voice. She was foreperson material and had the power to bring the rest of the jurors along with her depending on which way she voted.

Anton locked eyes with Celia DeMoya. “The evidence will show not one speck of damage on her doorframe. No scratches. No marks of any kind. No evidence whatsoever that would be consistent with a man driving his shoulder into the door to forcibly enter the apartment.” Celia pushed her glasses up with her finger and jotted down two lines of notes. “There was no damage of any kind because Bryan didn’t barge his way in. Daniella opened the door and guided the involuntarily drugged man into her apartment.”

Anton used the word “involuntarily” on purpose. While his defense to the burglary and attempted murder charges was based on the idea that Daniella had concocted the story for money, the resisting charge required a different strategy. Involuntary intoxication would negate the element of intent, therefore nullifying the criteria that he knowingly resisted a law enforcement officer. He wanted to plant that idea in the jury’s heads at the onset of the trial.

“
Once inside her apartment, Daniella removed his belt, looped it around her neck, and pulled.” Anton imitated the action. “You will realize, ladies and gentlemen, that this type of injury is not difficult for a person to self-apply. And once she’s done that, Daniella runs into her bedroom, locks the door, and delivers an Academy Award winning performance to the 911 operator.”

Anton took a measured breath, preparing to address the elephant in the room.

“
Daniella Avery is a smart woman. There is no doubt. You’ll see that when she testifies. And a smart woman motivated by money—that root of all evil—is a very dangerous thing. The state talked about Vicki Brandt. Yes, back when Bryan was in college he was accused of choking a young lady with a belt. As it’s been in life after college, Bryan’s financial status was no secret when he was back at school. Money can be a blessing and a curse. In Bryan’s case, it’s been both. You will learn that Vicki Brandt did not come from a family that could afford to put her through school. She had taken out massive student loans that would saddle her with debt for likely the rest of her life. Vicki accused Bryan of strangling her with a belt after they got into an argument over the fact that he had cheated on her with one of her friends. However, when police arrived at her dorm, she refused medical treatment, and the following day, told police that she couldn’t remember what had happened and declined to press any charges.

“
Yes. To avoid negative publicity, Bryan’s father paid Vicki’s tuition.” Anton glanced toward Sylvia, happy to score some points by taking the wind out of her sails. Now when she brought that issue up during Vicki’s testimony, it wouldn’t have the same impact on the jury. “It’s not an admission of guilt, ladies and gentlemen. With high-profile and wealthy individuals, sometimes it’s honestly cheaper and easier to settle with the accuser in private than to defeat them in public.

“
You will also learn that Daniella was aware of this prior accusation and in setting up this charade, she modeled her story after what allegedly happened with Vicki Brandt for this exact reason. To give this fabrication some merit.

“
Ladies and gentlemen, you’ve heard the saying. Hell hath no fury like a woman scorned. I submit to you that upon hearing the testimony and receiving the evidence in this case, you will draw only one conclusion. A conclusion that may leave you wondering, who’s the victim here? Daniella Avery? Or the man accused of these horrific crimes, Bryan Avery? I’m confident that you’ll see through the smoke and mirrors and as is your charge,” he pointed to the sign above the bench, “you will labor to seek the truth. And the truth is that Bryan Avery is not guilty. I ask that you abide by your hearts, your logic, and what is right and just in this case, and you cast your vote accordingly. Thank you.”

Anton returned to his seat.