
Chapter 70
"You liar, you fucking liar" Jenika screamed at Olena as she answered the questions.
Judge Joyce slammed the gavel demanding order in the court room. "Ms. Marion sit down NOW" demanded Joyce.
"Your honor, if we could have a moment of recess, to get my client under control" Stein requested.
"Denied! We will not cater to her outbursts anymore, this trial will continue with or without her cooperation" Joyce barked.
"Get your shit together now, or I am walking out of here and you can face this on your own, and believe me you don't have a snowball's chance in hell of winning anything. Do you understand me" Stein bellowed to her.
Sitting down, crossing her arms, face reddened with anger she continued to mutter under her breath towards Olena. Her mother tried to console her from behind when she shrugged away from her in defiance. Taken aback by her actions her mother looked around at the others, no one seemed surprised, Luisa was actually smiling knowing the truth was coming forth.
"Ms. Lysenko did you at anytime have any interaction with Ms. Marion during the flight from Minnesota to Wisconsin that day" asked Porter.
"No sir, not directly" Olena answered.
Porter picked up a device from the table, pointing it towards a screen that had been placed to the side of the courtroom. "If it pleases the court your honor we have a short video from the flight in question to present as evidence of what transpired" Porter stated.
Judge Joyce approved and directed everyone to reserve comments and questions during the viewing.
"Damn it, wish I could see it. Who's in it, what's it about" Tim whispered to Chance.
"Son of a bitch" Austin muttered.
"What, what is it" Tim asked him.
"Olena apparently was on the same flight. Jenika's arguing with someone, or it looks like that but damn Tim, there's no one in the seat next to her that she's yelling at" Austin whispered.
Chance just stared at the video. Jenika was screaming and yelling at a woman in the seat beside her, flailing her arms slapping her. He looked at everyone watching the video, did they see it, could they, did they see her in the seat like he could?
"Ms. Lysenko, are you the one who obtained this video" Porter asked once everyone had viewed it.
"Yes sir, with my cellphone. I was seated a few rows back. I had not seen Ms. Marion board and was unaware she was on the plane until this occurred. I was in disbelief, I just automatically grabbed my phone and began recording" Olena answered, looking at Jenika.
"This is bullshit, she's lieing. She made that up. She did all the photography for those jerks. She's made this up, damn it" Jenika yelled.
Slamming the gavel hard the Judge demanded order once again. The bailiff now stood behind Jenika to ensure she stayed seated as Stein reprimanded her yet again.
"Do your fucking job" she yelled back at him before her father stood and pushed her down in her seat.
Looking at him, dumbfounded he merely stated "shut your mouth now, little girl"
Judge Joyce turned to Olena, "Ms. Lysenko, is this true?"
"Did I work as their photographer? Yes sir but I've never done any video work for anyone, it's not what I do. I swear this recording is authentic and has not been tampered with by me" she answered confidently.
Porter continued with his questions, "Ms. Lysenko in your recording it appears the defendant is slapping someone, yet no one is in the seat. Is that correct"
"Yes sir " Olena replied.
"Did you at anytime see anyone actually sitting with her" he asked.
"No sir, as I stated before I didn't even know she was on the plane until she began yelling" she replied.
"Did you see her strike my client, Marshall Jacobs?" he then asked.
Looking at Jacobs to confirm he was the one she saw Jenika with she stated he was the one.
"So it is safe to say that this incident that occurred was due to her refusing to cooperate with him when he attempted to intervene " he asked.
"I can only confirm what I observed and heard, and of course what is on the recording. I believe so yes " Olena replied.
"Objection" Stein stated loudly.
"On what grounds Mr. Stein" asked Joyce.
"Speculation, your honor. Ms. Lysenko stated she did not have any direct interaction with my client on this flight, therefore she has no substantial proof that what occured between the marshall and my client was aggressive " he replied.
"Is he crazy? It's all right there for everyone to see. She lost it, totally lost it and hit the man before he took her down" Emily whispered to Bobby.
"Baby, shh..I agree but Olena wasn't really close enough to see over the seats" Bobby barely whispered.
"Sustained" replied the Judge. Jenika let out a sigh, " about damn time you stuck up for me" she told him as he sat back down.
"No further questions, your honor" Porter advised.
"Mr. Stein, do you wish to cross examine the witness" Judge Joyce inquired.
"Yes, your honor" he replied walking towards her. "Ms. Lysenko, how long have you known Ms. Marion" he asked.
"About seven years I believe. She worked with the group a few years before she and Tim were married" Olena replied.
"During this time frame did you witness anything about Ms. Marion that would cause you to believe she was a violent person" Stein asked.
"No, not really" Olena stated.
"What the hell is he doing" Emily whispered to Bobby.
"Verifying her character most likely to prove this was an isolated incident" Bobby replied.
"So you two have been acquaintances for about seven years and in that time frame you never saw an incident like this till the night in question, is that correct" Stein stated.
"Well, no but I never spent every single minute of the day with her either. What went on behind closed doors was none of my business " Olena answered.
"So based on this statement you just made if not being with her all the time then you are unaware of any problems that she and Mr. Foust may have had, is that correct" Stein continued.
"I suppose" Olena answered.
"You suppose? Ms. Lysenko it's a simple question, either you did or you did not" Stein stated leaning against the witness box.
"No, I did not know of any problems they may have had" Olena answered, a bit peeved.
"Thank you. No further questions your honor" Stein stated sitting back down at the table.
"If there are no further questions from either of you" the Judge asked looking between the two attorneys, " then Ms. Lysenko you may step down"
Olena walked towards the guys with a defeated look before sitting down behind them. "I'm sorry, I tried" she whispered to Tim.
"No worries kiddo, you did fine" he assured her.
The Judge sat observing everyone in the courtroom throughout the proceedings. Over the years he'd become a good judge of character, able to deciver who was lieing and who was truthful, but before he could make his final determination one piece of evidence was still missing.....why.
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