Married To Baseball

Innocent Until Proven Guilty.

(T/W content may be triggering to some, touching on Sexual Assault once again.)

Jailyn~

"You're fucking killing it up there JJ," Christian tells me as he holds onto me while we wait for the short recess to be over. "You got the defense flustered enough that he needed to regroup with his team. There's no chance he doesn't get charged with something now." 

I just cling onto Christian, as tough as I am it's still daunting to be up there, "I know," I say quietly. "I just don't know what the hell he's going to try next. He's got a vibe that almost matches Nicks and I can't stand being up there with him. How can you defend someone like that?" 

Christian rubs my back a little kissing the top of my head, "I know JJ. You're doing amazing though and I'm so proud of you for standing your ground. You've got this okay? I can't imagine that it gets too much worse." 

"Christian he hasn't even tried to bring up the sexual assault. That's going to be the worst part of this, it always has been," I say feeling the panic start to really set in. "He's already trying to spin the narrative that I'm a liar. What the fuck is he going to say about that?" Christian stops rubbing my back and holds onto me tightly instead. 

"I couldn't tell you JJ. I don't even know what to say that's going to actually help you right now. You know what happened. You know what the truth is. You've got this okay? No matter what that guy is trying to do out there I know you've got it," Christian tells me as he holds me. "I'm right in there with you. Remember no matter what we've all got your back." I just nod into him and continue to hold onto him until I figure out how to calm myself back down again. 

Adjusting my jacket so I can continue to look professional as I take the stand again after our recess. Michael comes right on up to continue his cross-examination, "You and Christian are pretty close huh?" 

I basically squint at him astounded that he's got a law degree asking me that about my husband, "I'm sorry but did you really just ask that? You've got a law degree and you're asking if Christian and I are close?" There are murmurs throughout the courtroom and a few chuckles. "I would say yes, my husband and I are close?"

"If you were intimate with each other why did it take so long for you two to actually put a label on things?"

What the hell is this guys deal? "Because we were two adults that didn't feel compelled to put a label on it. Not exactly a crime to have sex with someone your not in a relationship with." 

"It's not a crime to have sex with someone you're in a relationship with either Ms.Jailyn."

"If the person you're having sex with says no at any point, it is," Where the fuck is he trying to go. "I would also appreciate it if you'd stop calling me Ms.Jailyn, its Jailyn, Mrs.James, Mrs.Yelich, or Mrs.James-Yelich. You've got options and Ms.Jailyn isn't one of them. You're a lawyer, the least you could do is show a little respect to the person on the stand." 

"My sincere apologies Mrs.Yelich," of course he would choose the one that boils me down to my husband. At least it's acknowledging finally that I have one. "When would you say that you and Nick became intimate in your relationship?" 

"Two months or so into it I think," I reply.

"Little soon don't you think especially since you claim you'd never had sex before," Michael asks.

I shake my head, "Your client and I had known each other for months before that. We both felt that we wanted to do it at that time so we did." 

"And you're admitting that you did, in fact, want to have sex with him?"

"In that particular instance yes," I reply. He's going to try that card. The whole you consented before, you consented after. 

"Now Mrs.Yelich, did you give your consent after the incident you recalled happened?"

"It was that or fighting until I eventually said yes, so I guess yes."

Michael gives a small smirk as he asks his next question, "So if you gave your consent both before and after this particular instance you claim he supposedly forced himself on you why would you say no just this once?"

"As I had said on the tape, I was sick at the time. I had thrown up maybe an hour before it happened in a mop bucket in front of him. I had a fever of a hundred and four. In that time frame I was sick I had lost almost fifteen pounds. I didn't want to move let alone have sex at that time. Just because I gave my consent both before and after this particular day does not mean that I wanted it. I said no. I said no more than one time, I even did what I could to hold my hands over my chest and he still proceeded to force himself on me." My voice breaks a little at the end as I re-explain what had happened getting emotional about it once again. "I said no."

"Why didn't you do-"

I cut him off before he can finish his question, "How skeezy do you have to be to ask why I didn't do more? No should be enough in any situation. I didn't do more because I physically couldn't. I was barely a hundred and fifteen pounds because of how much weight I'd lost. What the hell was I supposed to do in that situation? I said no and that should be more than enough." 

For the first time, Michael looks almost sympathetic to me as he continues his questioning. It was only a moment that I caught it but the fact it was there. He knows now, doesn't he? He's realized that everything I've said so far should be enough to convince most of his client's guilt. He's still got his job to do though. After all, innocent until proven guilty. He's been grasping at straws this whole time hoping that something sticks. Why should I assume that'd he'd stop now. 

"Bringing it back now to where when you were asked about the argument you and Mr.Kelley had in regards to birth control. Who are you to say that his claims of being scratched in previous relationships weren't true?" 

I genuinely don't see the point of him continuing on his questioning any longer. For his sake, I'll continue to entertain it as I've got yet another opportunity to get under his client's skin. "Because an IUD is placed inside the uterus. The only thing that's outside of the uterus is the strings which are basically a thin fishing line that ends up curling up. I also had one for a few years and there were absolutely no complaints from anyone I'd had sex with within that time period. All of them bringing far more to the table than your client." The few snickers and chuckles make me smile a little before I reel it back in. It would not be very appropriate to laugh now.

"And how many people has that been Jailyn?"

I roll my eyes at that one. Who the fuck cares how many people I'd slept with while I had my IUD, "Can I object on grounds of relevance, your honor?" I ask looking at the judge. 

"Sustained. Move on Mr.Clark."

"Previously you had stated that you had an IUD for a few years, why was it that you got rid of it?" Michael asks. He's got nowhere to go and he knows it. The case is basically closed at this point but he needs to find somewhere to end that seems to give him any hope in winning this case.

I take a breath in and work around the answer slightly, "Some complications arose where I needed to have it removed. Then it wasn't an option to have it replaced." 

"And why was that?"

Taking a moment I look between Jessica and the judge before I ask, "What does my medical history, years after I've knowingly had contact with your client, have to do with the case at hand?" 

"Mr.Clark do you have any further questions for Mrs.James-Yelich that pertain to this case?"

Michael looks between me and the judge now thinking about it a moment before finally saying, "No further questions your honor." 

"Thank you for taking the stand Jailyn, you may step down," The judge tells me. I nod and step down before making my way to sit next to Christian again. He almost immediately intertwines his fingers with mine and we exchange small smiles with one another as Nick is called to the stand for the first time. This is where things could get interesting.