WEDNESDAY, NOVEMBER 04, 2009
Trial: Second Day
"What a day it was in court today. The county started off their day by calling their first witness: Ms. Wade, the SANE (Sexual Assault Nurse Examiner) nurse at St. Charles Hospital. She reviewed the photographs she took of Melissa’s “injuries” i.e. bruises, as well as reviewing Melissa’s statement. Most of the pictures of the bruises were entered into evidence, with the exception of a few. The county withheld one of them that is obviously very yellow… Kevin’s attorney mentioned trying to get that one in as well. The reason being Melissa is adamant that all the bruises on her body were a direct result of her attack with Kevin, the yellow one they are withholding to submit as evidence goes to show that may not be the case. The nurse also explained why they (Nurses) are educated NOT to date bruises because everyone’s body metabolizes them differently. When going over the report, she confirmed Melissa admitted to being extremely intoxicated. She also said that Melissa told her she had been “bumped” in the anus by Kevin, but there was no attempt or penetration, except vaginally.
"The second witness, who was called to testify, was Pete. This is the friend that Kevin went out to the bar with originally. He really didn’t have a lot to say… He went over the night to the best of his ability and best of his recollection, but was pretty off on his time line. He also said he saw Melissa and Dennis “French Kissing” in the hot tub. We don’t think he hurt the case, but he didn’t really offer anything either. In all honesty, he seemed like a pretty useless witness, and no one is sure why the prosecution would call him to testify.
"The one and only Ms. Melissa Leahy-Rossow herself also took the stand. Finally things are getting interesting. During her time on the stand, she was calm cool and collected. Then she would burst into tears for a few seconds, and then again be fine… there were even a few bursts of smirks and smiles. Totally ridiculous.
"The testimony started talking about the timeline of the night, she says she went out to meet up with some friends at the bar for a birthday party, where she met up with a guy… he took her to the next bar where she ran into Dennis. She said that she didn’t know how she got to Kevin’s house. (she reported in her police report she arrived in a cab, however, video surveillance showed different.) She knew she rode in the back seat of a car with Dennis and Kevin was in the front seat, but she didn’t know if it was a cab or private car.
"She then went on to say that Pete unlocked the side gate into Kevin’s yard and got into the hot tub. She claims she wore her bra and panties and Dennis wore his boxers… She admitted again to kissing Dennis (but never admitted to stripping down naked) She claims she never took her undergarments off. She now states she was highly intoxicated (not interested in conversation.)
"She also reviewed the pictures of her bruises and identified each of them as being caused directly from her contact with Kevin. Melissa states that Dennis was talking to the other girl at the house, so she snuck outside to get back into the hot tub herself. She noticed that the Kitchen lights were off but she didn’t think anything of it (like the fact that it was 4am, and people had left.)
"She then says she was still in the hot tub and Kevin came out and had her come in. She was shocked and upset everyone left. She asked Kevin to take her to her car, but refused because he’d had too much to drink. Offered her to stay in a guest room and take her to her car in the morning. She had a cell phone, her friends just left. She didn’t know where she was. Why did she not call her friends back to get her, or better yet, call a cab! When asked about this she said that Kevin offered her to stay in a guest room, she didn’t think any further. She was also still in her wet panties from the hot tub and Dennis’s sweatshirt.
"She described how Kevin led her to the bedroom (this is where the tears turned into crocodiles) She said he left the room, she took her panties off and fell asleep. Then he came in the room and began to kiss on her neck and stuff… she was trying to tell him no and telling him to stop… She had a husband and a boyfriend. She claims that she was laying on her back, and Kevin was working his way down her body, face down on top of her. She says she was yelling to stop, and hitting him with her fists in the chest. We don’t understand how this is possible. Think about it. Kevin was face down on top of her… his chest was not in a position for her to get at it like that.
" Melissa also stated that at one point she jumped up the bed, and Kevin tried to enter her anally. She says she screamed for her life. This was much different than the accidental “bump” she reported to the SANE nurse.
"After describing the rest of the alleged attack, Melissa states that she begged Kevin to take her to her car so she could take her kids to school. He went into the bathroom for 20 minutes or so, while she wandered around the house looking for her clothes and purse. She then got dressed and sat on the couch for “A LONG TIME” while she waited for Kevin to get ready to take her. She then waited inside some more because he went to start the car.
"She says she didn’t run because she thought it was best to act like everything was okay, and she didn’t know where she was and didn’t feel like running and screaming in the cold. Because it didn’t occur to her to run to the nearest street sign and call a friend? Or better yet knock on one of the 50 doors in the neighborhood?
"She then went on to say that Kevin took her to her car, they sat and talked, and he asked her if she was okay… she expressed concern about STD’s and Kevin gave her his phone number. Why she wasn’t concerned about contracting STD’s from her unprotected sex with Dennis is beyond me. Kevin’s attorney started to question her… here is the long and short of it:
"Why didn’t you leave when Kevin was getting ready? She didn’t have all her stuff. She had to find all her clothes and purse. It took her awhile to find all her stuff.
"Where were your clothes? She didn’t know.
"When you got to the house, you got in the hot tub… what did you do with your clothes? She didn’t know.
"You were wearing shoes… did you put them in the grass? No. So did you put them on the deck? Yes, over by the fire pit. Okay, so where did you put your pants? With my boots. (This went on and on and on for each piece of clothing. Turns out, all her clothes were in a pile on the deck… she did know where they were the whole time… so now… why did it still take her so long to collect all her belongings?) Turns out her purse was in the livingroom… she knew where that’d been the whole time too.
"Her testimony and cross examination will continue tomorrow. These were little lies, but between this and her fake tears and bursts of laughter… jurors were rolling their eyes by the end of the day.
Trial: Second Day
"What a day it was in court today. The county started off their day by calling their first witness: Ms. Wade, the SANE (Sexual Assault Nurse Examiner) nurse at St. Charles Hospital. She reviewed the photographs she took of Melissa’s “injuries” i.e. bruises, as well as reviewing Melissa’s statement. Most of the pictures of the bruises were entered into evidence, with the exception of a few. The county withheld one of them that is obviously very yellow… Kevin’s attorney mentioned trying to get that one in as well. The reason being Melissa is adamant that all the bruises on her body were a direct result of her attack with Kevin, the yellow one they are withholding to submit as evidence goes to show that may not be the case. The nurse also explained why they (Nurses) are educated NOT to date bruises because everyone’s body metabolizes them differently. When going over the report, she confirmed Melissa admitted to being extremely intoxicated. She also said that Melissa told her she had been “bumped” in the anus by Kevin, but there was no attempt or penetration, except vaginally.
"The second witness, who was called to testify, was Pete. This is the friend that Kevin went out to the bar with originally. He really didn’t have a lot to say… He went over the night to the best of his ability and best of his recollection, but was pretty off on his time line. He also said he saw Melissa and Dennis “French Kissing” in the hot tub. We don’t think he hurt the case, but he didn’t really offer anything either. In all honesty, he seemed like a pretty useless witness, and no one is sure why the prosecution would call him to testify.
"The one and only Ms. Melissa Leahy-Rossow herself also took the stand. Finally things are getting interesting. During her time on the stand, she was calm cool and collected. Then she would burst into tears for a few seconds, and then again be fine… there were even a few bursts of smirks and smiles. Totally ridiculous.
"The testimony started talking about the timeline of the night, she says she went out to meet up with some friends at the bar for a birthday party, where she met up with a guy… he took her to the next bar where she ran into Dennis. She said that she didn’t know how she got to Kevin’s house. (she reported in her police report she arrived in a cab, however, video surveillance showed different.) She knew she rode in the back seat of a car with Dennis and Kevin was in the front seat, but she didn’t know if it was a cab or private car.
"She then went on to say that Pete unlocked the side gate into Kevin’s yard and got into the hot tub. She claims she wore her bra and panties and Dennis wore his boxers… She admitted again to kissing Dennis (but never admitted to stripping down naked) She claims she never took her undergarments off. She now states she was highly intoxicated (not interested in conversation.)
"She also reviewed the pictures of her bruises and identified each of them as being caused directly from her contact with Kevin. Melissa states that Dennis was talking to the other girl at the house, so she snuck outside to get back into the hot tub herself. She noticed that the Kitchen lights were off but she didn’t think anything of it (like the fact that it was 4am, and people had left.)
"She then says she was still in the hot tub and Kevin came out and had her come in. She was shocked and upset everyone left. She asked Kevin to take her to her car, but refused because he’d had too much to drink. Offered her to stay in a guest room and take her to her car in the morning. She had a cell phone, her friends just left. She didn’t know where she was. Why did she not call her friends back to get her, or better yet, call a cab! When asked about this she said that Kevin offered her to stay in a guest room, she didn’t think any further. She was also still in her wet panties from the hot tub and Dennis’s sweatshirt.
"She described how Kevin led her to the bedroom (this is where the tears turned into crocodiles) She said he left the room, she took her panties off and fell asleep. Then he came in the room and began to kiss on her neck and stuff… she was trying to tell him no and telling him to stop… She had a husband and a boyfriend. She claims that she was laying on her back, and Kevin was working his way down her body, face down on top of her. She says she was yelling to stop, and hitting him with her fists in the chest. We don’t understand how this is possible. Think about it. Kevin was face down on top of her… his chest was not in a position for her to get at it like that.
" Melissa also stated that at one point she jumped up the bed, and Kevin tried to enter her anally. She says she screamed for her life. This was much different than the accidental “bump” she reported to the SANE nurse.
"After describing the rest of the alleged attack, Melissa states that she begged Kevin to take her to her car so she could take her kids to school. He went into the bathroom for 20 minutes or so, while she wandered around the house looking for her clothes and purse. She then got dressed and sat on the couch for “A LONG TIME” while she waited for Kevin to get ready to take her. She then waited inside some more because he went to start the car.
"She says she didn’t run because she thought it was best to act like everything was okay, and she didn’t know where she was and didn’t feel like running and screaming in the cold. Because it didn’t occur to her to run to the nearest street sign and call a friend? Or better yet knock on one of the 50 doors in the neighborhood?
"She then went on to say that Kevin took her to her car, they sat and talked, and he asked her if she was okay… she expressed concern about STD’s and Kevin gave her his phone number. Why she wasn’t concerned about contracting STD’s from her unprotected sex with Dennis is beyond me. Kevin’s attorney started to question her… here is the long and short of it:
"Why didn’t you leave when Kevin was getting ready? She didn’t have all her stuff. She had to find all her clothes and purse. It took her awhile to find all her stuff.
"Where were your clothes? She didn’t know.
"When you got to the house, you got in the hot tub… what did you do with your clothes? She didn’t know.
"You were wearing shoes… did you put them in the grass? No. So did you put them on the deck? Yes, over by the fire pit. Okay, so where did you put your pants? With my boots. (This went on and on and on for each piece of clothing. Turns out, all her clothes were in a pile on the deck… she did know where they were the whole time… so now… why did it still take her so long to collect all her belongings?) Turns out her purse was in the livingroom… she knew where that’d been the whole time too.
"Her testimony and cross examination will continue tomorrow. These were little lies, but between this and her fake tears and bursts of laughter… jurors were rolling their eyes by the end of the day.
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