Please read the previous chapter before starting this one. This story follows an increasing number of characters; thus, to reduce confusion the reader will find a 'list of the characters' at the end of each chapter with approximate ages and how they 'fit' into the plot. Enjoy.
The Stuff That Dreams Are Made of -- Chapter 4
Fran asked me to accompany her to the session with the mediator. Ed Harris, Esquire, was also with us. On the opposite side of the table was Carl, Fran's soon to be ex-husband, and a lawyer he'd engaged named John Norton. Michael Thornton, a lawyer, was also there in the role of court appointed mediator. This meeting was the first time Fran had seen Carl since the morning she moved out of the house after he abused and raped her.
At Ed Harris's suggestion, Fran said nothing other than to acknowledge the polite introductions to the other parties and a nod to Carl. I sat in the room off to the side as a friend of one petitioner.
The Mediator started the session explaining the role of each party, including his own. His job was to help the parties find a common ground from which the divorce settlement could be concluded amicably. He further explained there were a process and a time limitation, in this case before the end of the business day. Thornton also explained that he might state a position in order to get the parties to discuss or move towards a settlement. Perhaps more important, he stated that decorum was expected of all parties, and that full disclosure of information regarding the settlement was important. He explained that he would record the full session, and that the recording would be available to the presiding judge if and when a divorce settlement was placed before her or him for approval.
With that, he reached over and turned on the recorder. He then turned to Fran -- the complainant, and asked her to state her opening position. She looked at Ed Harris, and he nodded for her to proceed.
Fran began, "I'm Fran Drake and I'm thirty-eight years old. I've been married to Carl Drake a little over twelve years. About two years after we were married, sometime in the Fall of the year 2,000, Carl and I had an argument. He picked me up bodily and threw me down our cellar stairs, called me abusive names such as 'Bitch,' and walked away. I was bruised and sore for the month after."
"Also about that time, Carl started to get involved in bar fights on occasion. To my knowledge none of these were ever reported to the police, however, I have no doubt several tavern owners could attest to his unruliness. Also, he occasionally had an affair or one-night stand, although I have no evidence other than the word of friends that reported his behavior to me."
"After he started to abuse me he did it about four to eight times a year, Carl would slap me, hit me, kick me, shove me, or throw me to the floor in some way when he would want to fight. Up until two years ago, he had not raped me -- that is, used force to get me to have sexual intercourse with him against my will. Usually, he had been drinking and in my opinion he was drunk at the time. I know that is an arguable opinion, that's why I say in my opinion -- is that all right to do?"
Thornton said, "Yes. Just go on in your own words. Carl will have a chance to comment and make his own statement when you are through, you may comment on his statement, and he may comment on your comments."
Fran referred to her notes and continued, "I tried to avoid him when he was drunk or comply with his wishes for sex or other things up until two years ago. Two years ago I started to keep a journal because I realized in spite of my pleas and his promises to change, that I would always be in an abusive marriage with him. At that time, January 1, 2008, he came home in a drunken rage and raped me. He also beat me up so badly I had to miss work for a week while the bruises healed and until the limp I received from him was less noticeable. I begged him to not hit me in the face again, and also not to force himself on me sexually. He promised, but less than a month later he beat and raped me again."
"In the last two years, I have been beaten about once a month and raped sixteen times. The last time was about four weeks ago. Here are photographs of my bruises. In two of the photos my vagina is visible; you see the bruising around the area as well as blood seepage from his rape. A rape kit was not processed to verify semen. These photographs and my journal documenting the past two years are freely given to the court. I believe Mr. Harris has already provided these to the record in electronic form. Here are photocopies and photographs of these documents." Fran produced a large loose-leaf notebook that she pushed across the table to Mr. Thornton, the mediator.
"At the point after my last beating and rape I finally realized I could not proceed with the marriage, or even stand to be near or with Carl. I left our home, taking personal belongings and community items I believed I was entitled to. I made a list of those items and give that to the court as well under a tab in the notebook. I moved in with friends."
"At Mr. Harris's suggestion we got a restraining order and also had my husband served with divorce papers which to date he has not signed. I believe he violated the restraining order once about a week after it was served when he came onto the property were I am now living. He also went and hung out where I work, apparently hoping to confront me. In the violation, he was seen by my friends and by the police. My understanding is that he was arrested for that violation, as well as for the domestic abuse claim I filed with the local police."
"I wish for Carl Drake, currently my husband, to sign the divorce decree as issued to him a month or so ago. I also wish that he never see me again or attempt to contact me or my employer or my friends ever again. There is no love in the marriage; it is time to end it. This ends my statement."
Harris nodded to mediator indicating that he had no additional words to her statement.
Thornton asked for fifteen minutes in which he, Carl, and Carl's attorney could scan the photographs, journal, and list of personal belongings removed from the home. Thornton set a timer; when it went off, he turned to Carl and said, "You may make your statement now."
Carl said, "Yeah, we had a rocky marriage. In my opinion many marriages are like that so I don't think ours was any different from normal. I also believe it was my right as a husband to have sex with my wife. She cut me off, so I had to assert my rights. I admit I have a drinking problem, however, Mr. Norton has helped me sign up for Alcoholics Anonymous, and I believe I will be a success in that program. I don't want to sign the papers; I want to stay married to Frannie. I think she should come back, and bring the car and the TV set too."
A long silence ensured. Thornton waited at least a minute before he asked, "Mr. Drake, is that the extent of your statement? Mr. Norton do you want to add anything?"
Norton shook his head.
Thornton asked Norton, "Are you representing him in the criminal abuse case as well?"
Norton, "Yes. A court date has not yet been set. Mr. Drake pleaded not guilty and posted bail. We expect that hearing to be in about three weeks."
Thornton asked, "I don't see it in the court documents; how much money does Mr. Drake make each year?"
"$35,000"
"And Mrs. Drake?"
Fran responded, "$85,000. Carl told me we needed all of it to maintain our life style."
"And what are the operating expenses for the house -- mortgage, utilities, food, and such?"
After a silence, Carl said, "$25,000"
"Did Mrs. Drake have an allowance or keep some of her money?"
Carl said, "I gave her a hundred a week for an allowance; sometimes more if she needed to buy clothes or cosmetics."