Chapter 37
Inconsistencies
Gavin
Judge Weston looked at Victor. "Cross-examination?"
"Yes, Your Honor." Victor stood, buttoning his jacket as he approached the witness stand. His expression was pleasant, almost friendly. "Ms. Walsh, thank you for being here today."
Rebecca nodded, her posture relaxing slightly.
"You mentioned that you were concerned about how quickly Mr. Byrne introduced Charisse to Ms. Doyle. Is that correct?"
"Yes."
"How long were Mr. Byrne and Ms. Doyle dating before he introduced them as anything more than friends?"
Rebecca hesitated. "I'm not sure exactly."
"Six months," Victor repeated. "Does that seem rushed to you?"
"It depends on the circumstances."
"Of course. Let me ask you this. When you were dating David Fletcher, how long did you wait before introducing him to Charisse?"
Rebecca's eyes narrowed slightly. "I don't recall the exact timeframe."
"Would it surprise you to know that, according to text messages between you and Mr. Byrne, you introduced Charisse to Mr. Fletcher after approximately six weeks of dating?"
I saw color rise in Rebecca's cheeks. "That was different."
"How so?"
"David and I were serious from the beginning. We knew we had a future together."
"So when you introduce Charisse to a romantic partner after six weeks, it's because you're serious. But when Mr. Byrne does so after six months, it's rushed and irresponsible?"
"Objection. Argumentative."
"Sustained," Judge Weston said. "Rephrase, Mr. Caldwell."
Victor nodded. "Ms. Walsh, you testified that you were concerned about Charisse being introduced to Ms. Doyle's family, people you didn't know. Is that correct?"
"Yes."
"Did you ever ask Mr. Byrne about the Doyle family? Their names, their backgrounds, anything that would help you feel comfortable?"
Rebecca paused. "Not in so many words."
"Did you ask at all?"
"I expressed my concerns generally."
"But you never actually asked Mr. Byrne to provide you with specific information about the Doyle family, did you?"
"No, but I was completely unaware that my daughter had already met Andi. Gavin had been seeing her secretly and exposing my child to her under false pretenses."
"Yes, that's right. You mentioned earlier that Gavin had introduced them already as friends. Do I have that correct?"
"Well, I'm not entirely sure how he introduced them. But he did do it, and it was before he said anything to me about it at all."
"Did you ask him?"
"Not that I recall."
"Hmm." Victor walked back toward his table, then turned. "Ms. Walsh, you testified that Charisse seemed anxious and withdrawn after spending time with her father. When did you first notice this?"
"Soon after she'd met Andi."
"And did you discuss these concerns with Mr. Byrne at the time?"
"I mentioned it."
"When?"
Rebecca shifted in her seat. "I'm not sure of the exact date."
"Was it in June? July? August?"
"I don't remember specifically."
Victor pulled out a document. "Your Honor, I'd like to enter into evidence text messages between Ms. Walsh and Mr. Byrne covering the from the time Ms. Walsh learned of the relationship through present."
"Objection, relevance."
"Goes directly to the witness's credibility regarding her concerns about Charisse's wellbeing, Your Honor."
"Overruled. The messages are admitted."
Victor handed a copy to Rebecca. "Ms. Walsh, can you point to a single message in this exchange where you express concern about Charisse's emotional state?"
Rebecca scanned the pages, her jaw tightening. "I don't see one specifically, but..."
"You don't see one because there isn't one," Victor said. "In fact, the majority of these messages are about scheduling changes, correct?"
"Yes."
"Changes that you requested for a variety of reasons, is that right?"
"Sometimes circumstances arise..."
"Are there any from Mr. Byrne?" Victor said. "In other words, if you look through, can you find a single time the request to change custody arrangements wasn't made by you?"
Rebecca's face flushed. "I had obligations."
"So you were frequently asking Mr. Byrne to alter the custody schedule to accommodate your social life, but you never once mentioned concerns about Charisse's wellbeing during that time?"
"Objection. Asked and answered."
"Sustained. Move on, Mr. Caldwell."
"Yes, Your Honor," Victor paused. "Ms. Walsh, when did your relationship with Mr. Fletcher end?"
"In late May."
"When were you told about the relationship between Mr. Byrne and Ms. Doyle?"
"I'm not sure. June, maybe?"
"And when did you ask Mr. Byrne to rekindle your relationship?"
"Objection, Your Honor! Foundation."
"Sustained."
"Withdrawn, Your Honor. I’ll move on. Are you currently employed, Ms. Walsh?"
"No."
"Have you been employed at any point in the last year?"
"No."
"Have you applied for any jobs in the last six months?"
Rebecca hesitated. "I've been focused on Charisse."
"That's not what I asked. Have you applied for any jobs?"
"I've had a lot going on."
"I'll take that as a no. So you're unemployed with no apparent plans to seek employment. Where do you live, Ms. Walsh? Did you move out of the single bedroom apartment?"
"Objection, Your Honor. Relevance?"
"Your Honor, I would find Ms. Walsh's living arrangements to be highly relevant to her custody request."
"Overruled. The witness will answer."
"I did not."
"So, just to confirm. You still live in the single bedroom apartment and wish to have primary custody."
"I don't believe where I live is relevant to whether Charisse is in a safe place right now with that woman coming around."
"And if you were to obtain primary custody, would you plan to relocate to a larger apartment?"
"Of course."
"How would you do that without a job or any other form of income?"
Silence. The daggers she was shooting at Victor could have killed.
"Ms. Walsh?"
Still silence.
"Ms. Walsh, you will answer the question." The judge looked annoyed already.
"If I were the primary custodial parent, then obviously the circumstances would change."
"How so?"
"Well, Charisse would need to be taken care of."
"Are you saying you would get a job to take care of her?"
Silence.
"Or are you saying you would expect to receive support from Mr. Byrne which would bankroll you and your new apartment?"
"Objection, Your Honor!"
"Withdrawn."
Victor moved without breaking stride. "Ms. Walsh, you testified that you happened to be near Mr. Byrne's office and saw him entering a deli. Correct?"
"Yes."
"And you went in after him."
"I thought it was a chance to talk about Charisse."
"Of course. Ms. Walsh, do you know how Mr. Byrne decided to go to that particular deli that day?"
Rebecca hesitated. "I assumed it was somewhere he went regularly."
"You assumed." Victor picked up a document.
"Mr. Byrne's phone records show no calls or texts to anyone between leaving his office and entering that deli.
His own testimony will confirm that the decision was made entirely on the spot.
A spontaneous choice." He set the document down.
"So if it was spontaneous, how did you happen to be right there at that moment? "
"I told you, I was in the area."
"In the area. On Federal Street. Outside your ex-husband's office building." He let that sit for just a beat. "Just as you happened to be in the pasta aisle of the Stop & Shop where Ms. Doyle regularly shops. Just as you happened to walk into Ms. Doyle's coffee shop."
"Objection. Argumentative."
"Withdrawn." Victor moved on without missing a beat.
"Let's talk about the Stop & Shop encounter. You testified that Ms. Doyle blocked your path in the pasta aisle and that when you asked her to leave you alone she leaned in close and said, 'You should be careful, Rebecca.' Is that what you testified to?"
"Yes."
"And this made you feel threatened?"
"Terrified."
"Did you report this incident to the police? Or tell anyone else about it? Mr. Byrne? A friend? A family member?"
"I was too scared. I didn't know what to do."
Victor walked back to his table and picked up a manila folder. "Ms. Walsh, you said this incident occurred at Stop & Shop in South Boston. What date was this?"
"I don't remember exactly."
"Was it the first week of October? Second week?"
"First week, I think."
"October sixth?"
Rebecca paused. "I'm not really sure. But that could be right."
"Ms. Walsh, you submitted a photograph taken during this encounter. Petitioner's exhibit four. Do you have that in front of you?"
"Yes."
"You testified this was taken right before Ms. Doyle made her alleged threat. Correct?"
"Yes."
"Your Honor, I'd like to draw the court's attention to the metadata embedded in this photograph.
" Victor approached the bench and handed the judge a printed document.
"The timestamp on this image reads 4:47 PM.
The photograph shows Ms. Doyle standing in the pasta aisle with a cart that appears to be approximately half full.
" He turned back to Rebecca. "Ms. Walsh, if Ms. Doyle was waiting for you in that aisle, how do you explain a half-full cart? "
Rebecca's jaw tightened. "She could have been shopping before I arrived."
"Exactly." Victor let that word land. "She was already there.
Already shopping. Which means she wasn't waiting for you.
She didn't know you were coming." He paused.
"Ms. Walsh, your own photograph places Ms. Doyle in that aisle before you arrived.
You've just provided evidence that contradicts your own testimony. "
Mitchell shot to his feet. "Objection! Counsel is mis-characterizing the exhibit."
"I'll allow the line of questioning," Judge Weston said. "The photograph is in evidence. Counsel may address its contents."
Rebecca's composure had cracked. "She was still threatening."
"We'll let the security footage speak to that," Victor turned to the bench. "Your Honor, I'd like to submit security footage from Stop & Shop dated October 6th, beginning at approximately 4:47 PM."