The Victim (26 page)

Anton snatched the report. It had been typed up by an officer from the Florida International University Police Department.

On February 12, 2005, at 11:30 p.m. this officer was dispatched to Panther Hall reference an assault. This officer came into contact with Victim, Victoria Brandt (W/F DOB 7/15/1986), in her dorm room. Victim advised that an FIU student identified as Bryan Avery (W/M 6/7/1983) had entered her dorm room without Victim’s consent and had placed a belt around her neck, which he used to strangle Victim. Victim stated that she could not breathe and that the subject, Bryan Avery, choked her for approximately 15–20 seconds. During this time, Victim stated that Subject repeatedly told her that he was going to kill her. It should be noted that Victim showed signs of alcohol impairment, such as slurred speech, bloodshot watery eyes, and had a strong odor of alcohol on her breath. Victim was hysterical and unsteady on her feet.

Victim had red marks around her neck consistent with being strangled with a belt. Victim was offered Fire Rescue but refused treatment. This officer knocked on several doors of neighboring dorm rooms and spoke with multiple students. All reported hearing shouts but nobody had visually witnessed any of the alleged conduct.

This officer attempted to make contact with Subject Bryan Avery by phone using the cell phone number provided by Victim. The cell phone went to voicemail. This officer left Subject a voicemail asking that he return the call immediately. This officer advised FIU police to be on the lookout (BOLO) for Subject but Subject was not found on campus. Search of FIU student records showed that Subject was a student who resided off-campus.

At approximately 0900 the following morning (02/13/2005), this officer received a phone call from a man identifying himself as Subject’s attorney. He advised this officer that Subject would not be giving a statement to law enforcement and that he was invoking his 5th Amendment rights. At 1400, this officer returned to the dorm room of Victim for a follow-up. Victim showed visible signs of injury and bruising around her neck but advised this officer that she did not recall the previous night’s incident. Victim further stated that she did not wish to pursue charges against Subject and advised that she would not cooperate with law enforcement or the State Attorney’s Office.

This matter shall remain open pending review of further evidence.

“
Why did she ‘forget’ what happened?”

Bryan stared at Anton with deadpan eyes. “’Cause. My father’s lawyers made a phone call and the next thing you know, her tuition was paid. This girl didn’t come from money. She had student loans. My father worked it out so her tuition was covered for the rest of the year and the years to follow.”

“
So what was that? Thirty, forty grand? Quite the price to pay ’cause his son can’t control his fucking temper.”

“
Spare me the sermon, okay? My father was in the middle of a hell of a bidding war for a county contract and he didn’t need the bad press. Cheaper to pay the girl’s way through school than lose out on millions. But it’s all in the past. I mean, I wasn’t arrested. It just went away. How can this hurt me now?”

“
They’re called prior bad acts. You’re charged with a crime, and it’s alleged that you committed a crime in the past with similar facts. The law permits the state to use that past event against you in the prosecution of the current offense. We call it a
Williams
Rule in Florida. So because it’s alleged that you choked Daniella with a belt and now we find out that you supposedly did the same thing to this girl back in college, you’d better believe that Sylvia’s gonna locate Vicki Brandt and bring her in to testify against you.”

Bryan’s arms fell into his lap as if the wind had been sucked out of his sails. “You think she’ll find her?”

“
You don’t know Sylvia Kaplan. Yes, she’ll find her. She has boundless resources. And if Vicki Brandt has moved, Sylvia will fly her in. But if she’s an FIU grad chances are she’s still right here in Miami-Dade County.”

Bryan glanced at the jury room door and lowered his voice. “But my dad paid for her school.”

“
Doesn’t matter. That fact just makes you look even shadier. Sylvia finds out she’ll subpoena financial records from FIU and show where the tuition payments came from. Not like this girl signed a non-disclosure agreement. Besides, this is a life felony. Sylvia has a lot of power to force people to come in and testify. You really should’ve told me about this.”

Anton projected his anger but he was really pissed at himself. How did he miss this? Had he known there was another victim he never would have asked the questions he did.

He didn’t know. But Daniella did.

***

Judge Morales took the bench and asked Anton if he wanted to resume his cross. He had already dug himself into a hole he wasn’t sure he could get out of. He felt tentative, unsure. What else did Daniella know that he didn’t?

Anton remained seated at the defense table. “No further questions, Your Honor.”

That answer pleased the judge. It would be an early afternoon. “State? Any re-direct?”

“
No, Your Honor.”

Judge Morales smiled at Daniella and excused her. “Anything further from the state?”

“
One thing, Judge.”

Sylvia had the clerk premark the 2005 offense incident report and asked to put it into evidence. Anton had no legal ground to stand on considering hearsay is admissible in an Arthur Hearing. The officer’s report was as sufficient as his testimony, at least in this forum. Anton muttered a half-assed “no objection” as the OIR became State’s Exhibit 3.

Judge Morales took her time reading the report, line by line. She didn’t skim or skip whole sections like some judges. When she was done she pushed the report aside and said, “I’ll hear argument from the State.”

Sylvia approached the podium. “Your Honor, the State has clearly satisfied its burden. The compelling and emotional testimony of Daniella Avery demonstrated that the proof of guilt is both evident and great. The photos of the injuries, the recording of the call to police that sent shivers down the spines of everyone in this room. Those pieces of evidence, coupled with the credible testimony of the victim show that in the early morning hours of January 14th, the defendant, Bryan Avery,” she pointed toward the jury box, “forced his way into Daniella Avery’s apartment and committed an act of considerable violence. What’s evident as well, Your Honor, is that even in the brief time it took to barge into her apartment and attempt to kill her by strangling her with a belt, he deliberated and premeditated that act. This is no spur of the moment decision. When he realized that his wife wasn’t inviting him to stay the night, something in him snapped. And remember, Your Honor, premeditation requires no set length of time. A crime can be planned and deliberated upon in a matter of seconds.

“
The defendant brazenly pushed his way through the door she was trying desperately to close. And in her kitchen he removed his belt, placed it around her neck, and proceeded to choke the life out of her. But for her own courageous efforts to fight him off she may be dead and we’d be dealing with a murder. And what’s more startling, Judge, is that nine years ago, the defendant did the exact same thing.

“
This is a man who is a danger not just to Daniella Avery but the community as a whole. I submit to this court that the state has met its burden and demonstrated that proof evident, presumption great exists in this matter. The State requests that this court continue to hold the defendant without bond.”

“
Thank you, State,” Judge Morales said. “Mr. Mackey?”

Anton stood and walked to the podium. He’d lost the pep in his step but he faked confidence the best he could.

“
Your Honor, let me begin by addressing the surprising development regarding the prior incident. Let it be known that the defendant was twenty-one when that allegation was made. And an allegation is merely what it is. Less than that, Judge. Just a report, submitted to this court without any further explanation. So before the state touts the alleged prior bad acts of Bryan Avery as rationale for him to be held without bond, let’s take everything in context.

“
The only witness in this case is Daniella Avery. She admitted that she hasn’t worked for over a year. She admitted that she’s accustomed to a certain standard of living and that she drives a fifty thousand-dollar car, lives in an apartment that costs almost five grand a month! If Bryan divorces her she will surely take a cut in pay. It is reasonable that she could make up this story in an effort to strong-arm him into some type of financial arrangement in an effort to get her to drop the charges. This is a terrifying world we live in, Judge, when some marks on a woman’s neck and an Oscar-worthy 911 call can lead to the imprisonment of a man who has no prior criminal history and is a respected, reputable individual in the Miami-Dade business community. Truth is, the testimony of Daniella Avery, as emotional as it may have been, is insufficient to satisfy the state’s burden. Frankly, Judge, there are more questions than answers at this stage. I ask that the court find no proof evident, presumption great and set reasonable bond conditions for Bryan Avery.”

Anton returned to his seat.

“
Thank you both for very professional and persuasive presentations. However, after considering the evidence, namely the testimony of Daniella Avery, which this court found to be highly credible, coupled with the recording, the photographs, and the offense incident report detailing an allegation of strikingly similar conduct, it is this court’s ruling that proof evident, presumption great has been met. Now, Mr. Mackey, do you have any additional argument before I determine whether the defendant is a flight risk and danger to the community?”

Anton stood. Even though the State had met its burden of proof, the court still had the power to set a bond. That is, if she determined that he was neither a flight risk nor a danger to the community.

“
Your Honor, as I previously stated, Bryan Avery has no prior arrests or criminal history, and he has lived and worked in Dade County his entire life. His father owns a lucrative business that he runs day to day. Bryan has his entire family in Dade County and owns property here. His entire life is here, Judge. He has no reason to flee. Furthermore, with adequate safeguards in place, such as a GPS monitor, house arrest, and a stay-away order, this court can ensure the safety of the victim without resorting to pretrial detention. That, Your Honor, must be the most onerous form of restraint upon his freedom.”

In her reply, Sylvia reminded the court of the defendant’s vast wealth and particularly heinous nature of the crime, constricting a person’s airway with a belt. She harped on the prior allegation and the judge’s face said it all.

“
Based upon the totality of the circumstances,” Judge Morales reasoned, carefully protecting her record, “this court believes that the nature of the crime, the prior allegation, and the resources available to the defendant present both a danger to the victim and the community, as well as create a considerable risk of flight. The court does not come to this decision lightly, but only upon careful evaluation of the evidence presented here today. It is the ruling of this court that the defendant continue to be held in custody without bond.”

CHAPTER 28

Jack was in a Medicare fraud trial in federal court that was slated to last six weeks. Anton enjoyed the silence of the office, but he wished that Jack were around. Jack must have spent five months out of the year in trial. His services were in high demand. People sold their houses to pay the $25,000 a week trial fee on top of his retainer.

Yessenia was rearranging Jack’s schedule, as trial always took priority over everything. The paralegals and associates were buzzing around, saying polite “hellos” to Anton but paying him little mind. He didn’t sign their paychecks.

Jack’s office door was open. Anton walked inside and shut the door behind him. He took in the smells—the leather of the wingback chair, the mahogany bookcase. The sunlight filtering in through his broad floor-to-ceiling window glistened off the plaques that adorned his wall.

Anton sat in Jack’s chair. The leather squeaked as he shifted his weight. Anton laid his arms on the armrests and looked around the office. Four decades of accolades and recognition plastered on the walls. Jack sat in a $5,000 chair imported from a designer in Italy, as compared to the swivel thing Anton had in his office that had cost him $159 at Office Max. This room represented the pinnacle of the career he had hoped to build. This was what he wanted.