All My Children Transcript Friday 8/22/03
Provided By Suzanne
Proofread by Gisele
Justin: Can you really keep this from becoming personal?
Jack: Too late. I'm going to put this son of a bitch away for the rest of his life.
Bailiff: All rise for the honorable judge Hannah Lampert.
Judge: Case number 86671, Commonwealth of Pennsylvania v. Michael Cambias. Are all parties present?
Jack: Jackson Montgomery for the Commonwealth, Your Honor.
Wayne: Wayne Kabak for the defense, Your Honor.
Judge: Be seated. Is the Commonwealth ready to proceed?
Jack: Yes, Your Honor, we are.
Judge: Call your first witness.
Jack: The Commonwealth would like to call Dr. David Hayward to the stand.
Bailiff: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?
Alexander: You don't like this Dr. Hayward much, do you?
Ryan: He is what he is. I don't trust him. But if he can help Bianca, then Iím all for it.
Jack: Dr. Hayward, the morning after the incident in question, did you have any contact with the alleged victim?
David: Yes, I did. I ran into her in Memorial Park.
Jack: Could you describe her demeanor for this court on that morning?
David: She seemed terribly shaken up, frightened.
Wayne: Objection. Speculation on the part of the witness.
Jack: Your Honor, Dr. Hayward is not only a close friend of the family's, he's a physician who has treated the alleged victim on several occasions. His observations on that morning are not speculative in any way.
Judge: I'll allow it.
Jack: Did the alleged victim give you an explanation for her behavior?
David: Yes. She said that some guy had been harassing her, wouldn't leave her alone. When I offered to call a cop, she said that it wouldn't make any difference, and that's because she wasn't afraid of just some guy, she was afraid of the man who raped her. That man's sitting right there.
Erica: Bianca, sweetheart. I have something for you. It's from Uncle Jack. He wanted you to have it.
Bianca: "Bianca, the hearing's going to be starting soon. I want you to know that I'm thinking about you, about how much" -- I'm sorry, mom, can you?
Erica: Of course. "About how much you inspire me every day and how you, my sweet, bright-eyed little niece, have blossomed into a charming, self-assured, beautiful woman. It takes my breath away. You have faced so many challenges in your life, Bianca, and you have always triumphed with dignity. Today will be no different. You have your mother's courage and your father's heart and my love, always, to guide you through this. Soon, this courtroom will be filled with your friends and family who love you, and we will all be there for you when you take the stand. I promise you will never be alone. I love you. Uncle Jack." Oh, honey, no tears. Not today. No, no, no. Only -- only positive thoughts. We're going to get through this, baby, together.
[Judge pounds gavel]
Judge: Order. Strike the witness' last statement from the record. Dr. Hayward, you will not sway or impress me with unnecessary commentary.
David: Sorry, Your Honor.
Judge: Mr. Montgomery.
Jack: Dr. Hayward, after your encounter with her in the park, when was the next time that you saw the alleged victim?
David: I went to her home the next day to see if she was ok. I found her curled up in a ball on her living room floor. She was hysterical. She was completely exhausted. I told her it was important that she go to a doctor right away to be examined.
Jack: And was she receptive to your suggestion?
David: No. No, she became even more agitated. She started to panic, and then she fainted. When she finally came to, I convinced her to come to the clinic with me so that I could examine her personally.
Jack: And did you, in fact, examine her?
David: No, no. I left her in her room alone so she could put on her gown. When I returned, she had run off.
Jack: Where did she go?
David: To the roof. When I found her, she was standing dangerously close to the edge.
Jack: She was about to jump?
Jack: I'll rephrase. When you found her, did you fear for her safety?
David: Yes, I did. She was distraught, and then she started to pull away. Her foot slipped. I nearly didn't reach her in time.
Jack: Dr. Hayward, did she tell you why she was on that roof?
David: Yeah. She said she went up there to get some fresh air.
Jack: Did you believe that?
David: No, of course not.
Jack: Why not?
David: Because she was trying so hard to convince me that she was ok.
David: Your Honor, I see rape victims all the time at the clinic. Unfortunately, Iíve become very good at recognizing the signs. There's a need to withdraw inward and an inability to look someone in the eye.
Wayne: Your Honor, the witness is a cardiologist, not a psychologist or an ob-gyn.
Judge: Dr. Hayward, I will not warn you again.
Jack: Dr. Hayward, did you ever have the opportunity to see the alleged victim interact with the accused?
David: Yes, I did. Yes, at the Valley Inn one evening. He had cornered the alleged victim, along with my cousin Maggie, in the dining room. Maggie was forced to use a knife to keep him at bay.
Jack: And what was the alleged victim's reaction to this confrontation with the accused?
David: She was hyperventilating. Just the sound of his voice caused her to cower in terror. It was then that I realized what had happened. Her unwillingness to be examined, her physical and emotional state, her extreme reaction to being in the same room with the guy. He had raped her.
Jack: Dr. Hayward, in your opinion, as a medical professional, as a close friend of the alleged victim, do you have any doubt in your mind that she was raped?
David: No doubt at all.
Jack: Thank you. No further questions, Your Honor.
Wayne: Dr. Hayward, how do you know the alleged victim?
David: She's a friend of my cousin Maggie.
Wayne: And were you also involved at one time with the alleged victim's mother, romantically speaking?
David: Yes, I was.
Wayne: So you were somewhat of a father figure to the alleged victim.
David: You'll have to ask her that.
Wayne: The clinic you mentioned, you work there. That's part of a court-ordered sentence, isn't it?
Wayne: And that was because you had pled guilty to a charge of abuse of a corpse?
Wayne: Your Honor, certainly I have the right to question this witness' credibility.
Wayne: There was also another event a few years back where you spiked a public punch with an untested drug. It was called Libidozone?
Jack: Again, Your Honor, objection.
Judge: Sustained. You've made your point, counselor. Now move on.
Wayne: Dr. Hayward, after that day at the clinic, did you ever have the opportunity to examine the alleged victim?
David: Yes, I did.
Wayne: Well, there is no test on record.
David: That's because the tests are still being completed.
Wayne: So that means that at this time, you cannot conclusively say that she was raped.
David: We're waiting on some tests.
Wayne: Ok. Dr. Hayward, you also said that you have seen enough rape victims to know the signs. Now, does that mean, in your professional opinion, that there are some signs of sexual assault that don't require testing?
David: Yes, I agree.
Wayne: Such as bruising or scratching.
Wayne: Did you find any bruising or tearing on the alleged victim?
David: By the time she --
Wayne: Answer yes or no, Dr. Hayward. In your examination of the alleged victim, did you find any concrete physical evidence of rape?
David: You want physical evidence? I saw her face and witnessed her behavior when she was in the room with the man.
Wayne: Thank you, Dr. Hayward. I'll take that as a no.
Jack: Redirect, Your Honor? Dr. Hayward, how much time passed between the night in question and the time that you examined the alleged victim?
David: Several weeks.
Jack: Now, is that enough time for any bruising or tearing to have cleared up or healed?
David: Yes, definitely.
Jack: In your professional opinion, is it possible that that's what happened in this case?
David: In my professional opinion, that's exactly what happened here.
Jack: And again, in your professional opinion, is it uncommon for a victim of rape to wait this long before coming forward?
David: No. It is not uncommon at all. According to a Bureau of Justice survey, only 36% of rapes are ever even reported. When she came forward is not what's important here. The fact that she did is.
Jack: No further questions, Your Honor.
Judge: Dr. Hayward, you may step down. Mr. Montgomery, call your next witness.
Jack: Your Honor, the Commonwealth calls the alleged victim to the stand.
Bianca: Mom --
Erica: You can do this, honey. You just concentrate on everyone here. Everyone loves you and supports you 100%.
Bianca: He's looking at me.
Erica: Ignore him, honey. He doesn't exist. You just concentrate on me and Uncle Jack and all your friends. Don't look at him, ever. Don't give him that power over you.
Wayne: Your Honor, this isn't a wedding. I'm sure that the witness can make it to the stand on her own two feet.
Judge: Do you need any assistance, miss?
Bailiff: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?
Bianca: I do.
Judge: You may be seated. Mr. Montgomery.
Jack: Thank you, Your Honor. Can you please tell us about the night in question?
Bianca: It was the night of the storm and blackout. I got home and was looking for a flashlight in the desk drawer when someone grabbed my arm.
Jack: Who grabbed your arm?
Bianca: Michael Cambias.
Jack: You saw his face?
Bianca: Yes. He had a lighter, and he held it up.
Jack: And you didn't know he was in the house. You didn't invite him in.
Jack: Was there anyone else at home who may have let him in?
Bianca: No. He told me that he had checked the house. He wanted to make sure that we were alone.
Jack: Did you feel threatened?
Bianca: Yes. I tried to leave, and he locked the door.
Jack: He locked the door? Did he then become physically threatening?
Bianca: He grabbed me and he pushed me down on the couch, and then he sat very close to me so that I couldn't get around him. He wanted to talk. He said that he wanted me to get to like him.
Jack: And what did you two talk about?
Bianca: My mother and my sister. He said that they were spreading rumors about him, trying to ruin his life. He said that he was misunderstood and he wanted me to understand him.
Jack: What exactly did he want you to understand?
Bianca: That none of it was his fault. That everything he did, he did it for his father's approval but that he would never get that. He told me that I probably couldn't understand because I'd always been the perfect one in my family, like his brother had been.
Alexander: Michael blames me for what he's done to that poor girl! Damn him!
Bianca: I told him that I wasn't perfect, but he just laughed at me. I told him that I thought he needed help, therapy, like Iíd had. I said it nicely. I wasn't trying to be mean. But that's when he got angry with me.
Ryan: Son of a bitch.
Jack: And then what happened?
Bianca: He wanted me to dance with him. I thought maybe if I did, he would let his guard down a little and then I could get away from him. But he was holding me so close, and I could feel him against me.
Jack: While you were dancing, did he say anything to you?
Bianca: Yeah, he was getting mad. He told me that he was going to make me forget all about Lena. He hated me because I wasn't ashamed of who I was. I waited till I could get away from him a little, and I told him -- I said, "you're not a man. You're not even a human being. You're a coward." And he told me to shut up. He called me a bitch.
Jack: And then what happened, please?
Bianca: He grabbed me and he pushed me down on the couch, but I got away. I -- I kicked him, and he fell back. And he was on the ground, and I ran to the fireplace and I got the poker and I hit him with it as hard as I could. And he was on the ground, and I ran. And I got to the door, but he had locked the door and there are two locks. I tried one, and I couldn't get the door open. And I tried the other one, but I wasn't fast enough. He was already behind me.
Jack: And then he grabbed you?
Wayne: Objection. Leading the witness.
Jack: I'll rephrase. When Michael Cambias came up behind you, what did he do?
Bianca: He grabbed me and he pushed me back. I -- I knocked some chairs in front of him to try to block his path, but nothing would stop him. He had me up against the window first. Then he twisted me around and he pushed me down on the couch. I couldn't get away this time because his knee was pressing my leg against the back of the couch. And -- my shirt was ripped. He ripped it so that he could touch --
Erica: No. Don't look at him, baby. Don't look at him.
Bianca: So that he could touch my breast.
Jack: I need to ask you this, and it's very important, so please, don't be afraid to answer this question, ok?
Jack: Ok. Now, was there penetration? Did Michael Cambias enter you?
Bianca: He held me down, and I said no. I screamed it -- "No, no, no!" -- Until he covered my mouth with his hand and entered me. Don't you shake your head at me. You raped me. You wanted me to be ashamed of who I am like you are. Well, you failed. You raped me, and I am still not ashamed.
[Judge pounds gavel]
Judge: Mr. Montgomery, please control your witness.
Jack: So you said no to Michael Cambias. Now, what happened after you told him no?
Bianca: He finished. It was over. I remember the look on his face when he was done. He -- he was pulling his pants up. They were down around his knees, and he -- he was smiling. And he bent over to kiss my cheek, and his hand -- and then he said, "Thanks." And then he left.
Reggie: You sick mother --
[Judge pounds gavel]
Judge: Young man, sit down or I will have you removed from this courtroom.
Jack: So when Michael Cambias was finished, he just left you on the couch?
Bianca: Yeah. The next thing I remember, the phone was ringing.
Jack: And did you answer it?
Bianca: No, I didn't, but I heard my mother's voice on the answering machine. She was saying that everything was going to be ok from now on, that nobody was ever going to hurt us again. But I knew that wasn't true.
Jack: Now, you kept this incident to yourself for quite a long time. You didn't seek medical treatment or legal counsel.
Jack: Did you tell your mother that you had been raped?
Judge: Rephrase the question, Mr. Montgomery.
Jack: Yes, Your Honor. Did you tell your mother what happened with Michael Cambias?
Bianca: No, I didn't, not for a long time. She knew that there was something wrong.
Jack: Why not? Why didn't you tell your mother?
Bianca: My mother had been raped when she was 14 years old, and it's affected her for the rest of her life. In fact, she's just recently been able to put it behind her. And I was afraid that if she knew that I -- that I had been raped, too, that it would kill her, the way it almost did before. The way it almost killed me.
Wayne: You love your mother very much, don't you?
Bianca: Yes, I do.
Wayne: Now, you said her rape almost destroyed her life. Does she still have issues with rape today?
Jack: Objection. Relevance.
Wayne: Your Honor, the prosecution introduced the subject to explain the witness' hesitation to come forward about her alleged attack, and now they question the relevancy?
Bianca: My mother's rape will always affect her in some way, but she has made incredible progress.
Wayne: The rumors Michael Cambias said your mother was spreading about him -- was he referring to her allegation that he tried to rape her?
Bianca: He did try to rape her.
Wayne: No charges were ever filed. Do you know why?
Jack: Objection, Your Honor.
Wayne: My question goes to motive.
Jack: Motive? This witness is not on trial here.
Wayne: I assure you Iím going somewhere with this.
Judge: For your sake, I hope so. I'll allow it for now.
Wayne: Why didn't your mother follow through with charges against Michael Cambias?
Bianca: There wasn't enough evidence. It was her word against his.
Kendall: Aidan, he wants evidence. I was there. I'm the one who stopped it.
Kendall: I hit him over the head with the vase.
Aidan: Kendall, don't.
Kendall: No, no, I can help Bianca, Aidan.
Aidan: Kendall, by saying something, you're only helping Michael.
Wayne: You also mentioned your sister, Kendall Hart. She had a relationship with the defendant, didn't she?
Wayne: A sexual one?
Wayne: They were in love?
Bianca: They were involved.
Wayne: She also accused Michael Cambias of attempted rape.
Judge: Counselor, find another tack, or I will shut you down.
Wayne: Things had ended badly between them?
Bianca: Well, she found out that Michael Cambias was cheating on her. He was lying to her about why they were together. He was using her.
Alexander: I knew what he was doing.
Wayne: She was angry with him?
Alexander: I should have stopped him.
Wayne: I want to go back to your mother, her cosmetics company. This company -- it plays a significant role in both of your lives.
Jack: Objection. Your Honor, again, relevance?
Judge: I'm beginning to question that myself. Get to your point and get to it fast.
Wayne: When did you first come into contact with Michael Cambias?
Bianca: When he tried to make a play for my mother's company.
Wayne: I'll bet she didn't like that, did she?
Bianca: No, she didn't. Her company is her life.
Wayne: Her life? Now, Mr. Cambias must have needed a contact on the inside. Did he have anybody like that, somebody who could be his eyes and ears?
Jack: Objection, Your Honor. Mr. Cambias has already been charged with several counts of theft and conspiracy in connection with his attempted takeover. That's an entirely separate case.
Wayne: Well, I disagree, Your Honor. My question goes to cause in fact.
Judge: Objection is overruled. The witness may answer the question.
Bianca: Yes, he had a spy.
Bianca: Lena Kundera.
Wayne: The same Lena Kundera that you, in earlier testimony, referred to as your girlfriend?
Bianca: Yes, that's right.
Wayne: Now, Ms. Kundera later turned state's evidence against Mr. Cambias. Did she do that because you asked her to?
Bianca: No, she did that because what Michael Cambias was doing was wrong because he's a horrible person.
Wayne: And what was he doing that was so wrong?
Bianca: He was stealing from my mother's company, and he was blackmailing Lena into helping him.
Wayne: I'll bet she hated him for that.
Bianca: Yes, she did.
Wayne: And, Bianca, did you hate Michael Cambias, too?
Bianca: Yes, I did. It was cruel what he was doing.
Wayne: So you hated him, your lover hated him, your mother, your sister. Is there anybody who was close to you who didn't hate Michael Cambias?
Wayne: Who convinced you to come forward, to press rape charges against my client?
Bianca: My mother did.
Wayne: Oh, so this was your mother's idea?
Bianca: Yes, she told me that this was the right thing to do.
Wayne: After you finally told her?
Wayne: Now, the timing of your claim that Michael Cambias raped you -- a rumor had surface that there would be another takeover.
Wayne: This was a way to divert attention from your mother's company, wasn't it?
Jack: Objection, Your Honor. This is appalling.
Wayne: Your mother told you to get up here and lie, to say that Michael Cambias had raped you, to distract him and to discredit him, because she wanted to avert any possible threat of a takeover, didn't she?
Jack: Objection, Your Honor!
Judge: Counselor, dial it back now.
Bianca: Listen, Michael Cambias was never a threat to my mother's company. He never even came close to getting it.
Wayne: Is that so?
Bianca: Yes, it is.
Wayne: Then how do you explain the fact that as of this morning, the man that you claim never even came close to getting your mother's company now owns a controlling interest in it?
Bianca: What? But that's not true! That's a lie. You're lying. It's not true. Mom?
Erica: You bastard! You leave her alone!
[Judge pounds gavel]
Erica: You're so afraid of me that you attack a child? You raped my little girl! This man is a rapist! He raped my daughter! He violated her! You think I give a damn about my company? You bastard!
Jack: Erica -- please, please, please, please.
Judge: Order! I want order in this courtroom!
Judge: Bailiff, remove this woman!
[Judge pounds gavel]
Myrtle: Erica, are you all right?
Bianca: Please, Your Honor, I need to be with my mother right now. She needs me.
Judge: You may step down. Ask one of the officers outside to take you to your mother.
Judge: I am going to call a 45-minute recess.
Wayne: Your Honor, I would like to move for an immediate dismissal of all charges against my client.
[Judge pounds gavel]
Wayne: With all due respect, Your Honor, the state doesn't have any case. These charges are bogus. They're clearly a fabrication by a woman desperate to hold on to her company at any cost.
Jack: Your Honor, the only fabrication being presented in this court is the innocence of his client.
Judge: All right. Mr. Montgomery, Mr. Kabak, if you two cannot conduct yourselves or this hearing in a professional manner --
Wayne: The State doesn't have any case here.
Jack: The Commonwealth has a strong case because Mr. Cambias has a pattern of assaulting women.
Wayne: Where's your proof?
Kendall: Your proof is right here!
Aidan: Kendall --
Kendall: No, your pathetic client attacked me and my mother and he raped my sister!
Judge: Sit down!
Kendall: No! No, you cannot let this man walk! If you let this man walk, it would be the biggest mistake you have ever made!
Aidan: Kendall, sit down.
Kendall: Do you hear me? The biggest mistake you have ever made! There is no justice if you think I am the biggest problem in this courtroom!
Wayne: Your Honor, the state's case is clearly falling apart. I demand that the charges against my --
Judge: Mr. Kabak, you will demand nothing. Now, be quiet. Mr. Montgomery, based on what I have seen here today -- the histrionics, the coincidences -- do you have any other evidence you can present to the court at this time?
Jack: No. However, by trial, I --
Judge: No, stop right there. My chambers, now. Court is in recess for 45 minutes.
Reporter: The defense's suggestion that the allegation of rape was nothing more than an elaborate and apparently failed attempt to stop a corporate takeover by Michael Cambias threw the courtroom into pandemonium. And with Judge Lampert now meeting with counsel from both sides in her chambers, the question is, will she consider the defense's motion to have the charges against Mr. Cambias dropped? Ms. Hart? Ms. Hart? Ms. Hart, you were once intimately involved with the defendant. Do you have any comment?
Kendall: Yes, I do. Michael Cambias is vile. He's vile. He thinks he can lie with this and get away with it, but he's not going to. He and his lawyer are both so sleazy, they're full of it.
Aidan: No further comment.
Reporter: Ms. Hart, could you please elaborate? Could you -- Ms. Hart?
Alexander: My God! They can't let Michael get away with this!
Ryan: Wait, Michael and Kendall, their -- their relationship, was it serious?
Alexander: For Kendall maybe, but Michael was only using her. All he wanted was a shot at Enchantment.
Ryan: But he didn't get it?
Alexander: Not this time. Kendall caught on to what he was doing. Michael never saw it coming. Erica and Kendall double-crossed him, and I helped finish him off by giving her his seat on the board of directors of Cambias Industries. Michael was furious.
Ryan: Too bad. He got what he deserved.
Alexander: You don't understand. When Michael gets angry, he gets even. That's why he went after Bianca. That's why he raped her. That's why he rubbed Ericaís nose in it. That's why he stole her company away from her. That's why he shamed this family again.
Ryan: Hey, hey --
Ryan: Alex? Alex, just relax, all right? Just -- just relax. You don't look so good.
Anna: I thought Biancaís testimony was very strong.
Maggie: Enough to convince the judge that she's telling the truth?
Kendall: You guys heard the judge. Michael is going to get away with this.
Boyd: Come on, we don't know that yet. Ok, we need to stay positive.
Kendall: No, we need to be realistic. That lawyer just made Michael out to be the victim in all of this.
Opal: Well, there's got to be something that we can do.
Kendall: Yeah, well, short of slicing his throat, I am out of suggestions.
Tad: Unfortunately, there's never a knife around when you need one.
Myrtle: Look, there's no point in talking like this. It doesn't do any good.
Brooke: Myrtle's right.
Myrtle: Look, we've all got to stick together. Don't let that man think he's broken us up. We're all in one piece. And listen, I suggest that we say a prayer for Bianca.
Kendall: Myrtle, prayer is not going to do a damn thing in this situation.
Myrtle: Dear Lord, please give your strength and love to Bianca at this time. Help her to mend, have peace of mind, and give her the justice she deserves on this day. Amen.
Wayne: Your Honor, my client maintains he was nowhere near Myrtle Fargate's boarding house on the night in question, and the prosecution has been unable to prove otherwise.
Justin: Your Honor, if you want to believe what the defense is asking you to -- that this is one giant conspiracy between Erica Kane and her daughter to distract and discredit Michael Cambias -- don't you think we'd have a bigger case to prove, be able to present the physical evidence that you're looking for?
Judge: I would rather you had a stronger case, Mr. McCoy, yes, because you haven't shown me enough evidence to warrant a trial.
Jack: With all due respect, Your Honor, you've got the sworn testimony of the alleged victim, and the evaluation of that testimony should be left up to a jury. And I want to go on record here -- the word of any woman who swears under oath that she has been raped should be enough to bring this case or any case like it to a trial. And everybody in this room knows it.
Bianca: Oh, I'm sorry, Mom. I'm so sorry.
Erica: Well, for what, honey? For getting up there and telling the truth and standing up for yourself? I'll tell you what -- I wish that I had had your strength when I was your age. I -- well, my life might have been different. Thank you.
Bianca: Is it true about Enchantment?
Erica: Well, if it is, I mean, we're just going to deal with it just like we do everything. But, honey, right now, the only thing that matters to me is you.
Bianca: Well, I'll be fine as soon as I know for sure that Michael Cambias is not going to go free. I mean, he can't, right? Not now, not after everything that he's taken from us.
Tad: What happened?
Jack: I did what I could. Now it's up to the judge.
Bailiff: All rise.
Ryan: I'm getting a doctor.
Alexander: No, I don't want to see a damn doctor. Let me see this through. Ryan, please, turn it on.
Judge: The defense has questioned whether the evidence presented by the prosecution is sufficient to take this case to trial. After reviewing the testimony and conferring with counsels to both sides, I am now prepared to render a decision.
>> On the next "All My Children" --
Ryan: Is this Michael Cambias?
Michael: Who is this?
Ryan: Your newest enemy.
Palmer: Michael Cambias isn't the only one to do the unexpected.
Adam: What's our first move?
David: If you're asking me if I ran a pregnancy test, the answer is yes.
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