Episode Thirteen: Jack Is on Trial
for the Rape of Kayla.

SCENE ONE: THE NEXT DAY, MELISSA IS READY THE HEADLINES ABOUT KAYLA PRESSING CHARGES AGAINST JACK. JACK QUIETLY KNOCKS ON HER DOOR.

 

MELISSA: Jack?

JACK: Well I see you read today's paper.

MELISSA: Yes.

JACK: Does that mean I can't come in?

MELISSA: Jack when I said you were always welcome here I meant it. Now come in.

JACK: I thought maybe you'd changed your mind after you read today's article.

MELISSA: No, I didn't.

JACK: I want you to know that I told those reporters the exact truth. I don't know where some of this garbage came from, maybe dad, maybe Anjelica....

MELISSA: Jack I don't need any explanations. I know that when you do something you do it because you think it's right. I know you.

JACK: Thank you.

MELISSA: So why did you come here?

JACK: I....I don't know. I wanted to see you.

MELISSA: I'm glad.

JACK: You know that I'm not the most popular guy in Salem today.

MELISSA: Well you are to me.

JACK: That's why I wanted to see you. Because when I come through that door, nothing can touch me. When I'm with you I can escape from all the people and all the pressure and everything. That's why I had to see you today because I had to feel that way and I knew that I could with you.

MELISSA: That's how I want you to feel. I want to be the one you come to, to escape from the rest of the world, where you can feel safe and be yourself.

JACK: Remember that dream, that dream you told about having a husband that you could really accomplish things with by your side. I had a dream to, about a wife who I could come home to, whom I could love and share my life with. Funny how dreams have a way of not working out.

MELISSA: So it didn't work out with Kayla. But that doesn't mean you can never have it Jack. If you still want it.

 

THERE IS A KNOCK AT THE DOOR.

 

MELISSA: Who is it?

MICKEY: It's me honey. It's dad.

 

JACK HIDES IN MELISSA'S BEDROOM RATHER THAN FACE MICKEY. HE OVERHEARS THEIR CONVERSATION.

 

MICKEY: Melissa?

MELISSA: Coming dad, hang on.

MICKEY: Hey what too you so long.

MELISSA: I....was getting dressed.

MICKEY: Oh.

MELISSA: Would you like some coffee?

MICKEY: No thanks....look I came down here because of the paper. I know that you and Maggie have talked about this thing. She's more tactful than I am so I'm going to say it right out. Jack Deveraux has never brought you anything but trouble and it's getting worse. An attractive young Assemblyman, now a case of marital rape! Honey, this has the makings of a major scandal!

 

JACK HEARS THESE COMMENTS AND LOOKS HURT AND WORRIED.

 

MELISSA: Dad, I know, I'll take care of myself. I promise.

MICKEY: Okay, good! Take care of yourself first for a change, eh?

MELISSA: That's what I want to do.

MICKEY: I love you so much honey. I don't want to see you get hurt. That's why I want you to stay away from Jack Deveraux. (He gives her a hug.) Okay I'll see myself out.

MELISSA: Okay.

MICKEY: Have a good day.

MELISSA: You too.

 

MICKEY LEAVES AND JACK COMES OUT OF THE BEDROOM.

 

JACK: Melissa you heard your dad. We better end this right now.... Melissa you heard your dad. He thinks you're throwing me out of your life.

MELISSA: If I have to lie to him I'll lie.

JACK: Listen to you. This is all wrong. We have to stop thinking about my problems for a minute and start worrying about what's best for you.

MELISSA: What's best for me is to keep on seeing you.

JACK: I don't think so.

MELISSA: I don't care about anything else. That's how bad I want you.

JACK: Well you better start caring. You better....

MELISSA: What's best for you Jack, do you want me or not?

JACK: Stop it!

 

JACK KISSES MELISSA PASSIONATELY.

 

JACK: How's that for an answer?

 

THEY KISS AGAIN AND AGAIN.

 

MELISSA: Jack, I can't believe this. I just can't believe it.

JACK: Well you better start believing it Melissa. You better....What? What the....what's the matter?

MELISSA: Nothing....I can't believe the bad timing we have. We finally get together and Jack and we can't be together.

JACK: No, no way. I am not going to let you go! (He holds her.) Not after all this and just finding you. You're the only one who cares about me. The woman who loves me, no questions asked, just for who I am.

MELISSA: I do Jack, I do.

JACK: I tell you what I'm going to do. I'm going to see you and I'm going to keep on seeing you.

MELISSA: Yeh but if anyone finds out....

JACK: We're going to get in a lot of trouble, I know but so what?

MELISSA: Oh the press would love this.

JACK: Good, good, let em. We're going to see each other in secret and who knows, maybe it won't help me and they'll find us out anyway.

MELISSA: Jack.

JACK: Don't walk away from me. What are we going to do?

SCENE TWO: MELISSA'S HOUSE.

 

MELISSA: Jack, I will see you anytime, any place. I don't care if it's secret or not secret. I don't care about anything, as long as I can see you.

JACK: I don't think I deserve you, you know that?

MELISSA: Jack you don't have to deserve me. I love you.

JACK: It's....I can't look at you like a mistress. It's like saying that I'm ashamed. You know someday when we get through all this we are going to have ourselves a real relationship, something like you deserve.

MELISSA: Oh....I would love that.

JACK: I'd love that too. In the meantime....(He kisses her.)....In the meantime I better go.

MELISSA: Okay....

JACK: I better go.

MELISSA: Jack, will you call me?

JACK: Of course I'll call you....but you better not call me. (Her face drops.)

MELISSA: Okay I understand.

JACK: I will call you....I'm glad for what's happened.

MELISSA: So am I. (He kisses her.) Goodbye.

SCENE THREE: DURING THIS TIME THERE IS STARTING TO BE A SERIES OF ATTACKS ON WOMEN IN SALEM. THEY ARE USUALLY PROSTITUTES AND ARE ALWAYS STABBED. THE POLICE HAVE NAMED THE ATTACKER THE RIVERFRONT KNIFER.

SCENE ONE: THE DAY OF THE JACK'S HEARING. STEVE AND KAYLA ARE WAITING TO GO INSIDE. STEVE IS GIVING KAYLA SOME ADVICE WHEN JACK WALKS UP.

 

STEVE: Don't let them push you. Just take your time, especially Deveraux' attorney. Watch out for him.

JACK: Good morning!

STEVE: What do you want?

JACK: Why don't you forget this whole thing and then you can save yourself a lot of pain and anguish?

STEVE: Why don't you get out of here?

JACK: You want to play hard ball Kayla? I can do that. You haven't begun to see what I can do!

JACK: Your decision Kayla, you want me for an enemy?

STEVE: I don't want your threats anymore either.

KAYLA: Steve come on, I have something I want to say to him.

JACK: You going to drop it?

KAYLA: No I'm not going to drop it. You should have thought about that sooner. You should have thought about the repercussions before you did what you did.

JACK: You're my wife!

KAYLA: I'm not a piece of property. I breathe, I hurt.

JACK: Oooh, we both breathe, we both hurt.

KAYLA: Don't you dare do that. Don't you act like I'm making something out of nothing. It was something and if you want to act like that then you tell it to the judge. You see if he agrees with you, huh?

JACK: We'll see what he thinks about you leading me on night after night.

KAYLA: Go ahead you can twist it around all you want. Go ahead and twist it around.

JACK: I'm not twisting anything around, Kayla.

KAYLA: But you know something. I feel better and I'm not giving that feeling up.

JACK: You're giving up a lot more than that feeling.

STEVE: You heard what she said. You tell your lame story to the judge and see what he says. Come on Kayla.

JACK: (To himself.) You are not going to get away with this Kayla.

 

KAYLA AND STEVE WALK INTO THE COURTROOM. KAYLA SEES JO AND TELLS STEVE THAT SHE DOES NOT WANT HIS MOTHER IN THE COURTROOM HE ASKS JO TO LEAVE.

JACK, ANJELICA AND HARPER COME INTO THE COURTROOM SURROUNDED BY REPORTERS.

 

ANJELICA: I don't know why you even bothered to talk to her. She's crazy, she's going to turn everything you say against you.

JACK: I know that.

HARPER: Anjelica's right. Let Ted handle this.

TED (JACK'S LAWYER): Is that Steven Johnson?

JACK: Yeh, yeh. He looks a lot different when he's not rolling around in the hay.

 

ACROSS THE COURTROOM

 

CAROLINE: Kayla don't worry about us.

KAYLA: It's going to be tough mom.

SHAWN: Oh come on, we're stayin'. You not going to get rid us, you see.

MICKEY: Kayla I....(He sees Jack across the room. ) .....I'm sorry. I was just going to say we're ready to start but I haven't found Dr. Hunter yet.

 

MARCUS RUNS IN.

 

CAROLINE: Here he is.

MARCUS: I'm sorry. I got tied up in surgery.

MICKEY: Okay, we're all here now. We're going to start so let's all take our seats.

CAROLINE: Okay, honey. We love you dear.

SHAWN: Don't you forget that, hear?

KAYLA: Thanks Pop.

MICKEY: You gonna be alright?

KAYLA: Yeh!

 

AS KAYLA TAKES HER PLACE SHE EXCHANGES LOOKS WITH JACK.

SCENE TWO: MARCUS IS ON THE STAND.

 

MARCUS: And as a friend Kayla asked me not to say anything about the bruises and not to report the rape.

TED: Once again, OBJECTION! That's hearsay and calls for a legal conclusion rather than a statement of fact.

JUDGE: Sustained.

MICKEY: In your professional opinion Dr. Hunter, what caused the bruised on Kayla Deveraux neck?

MARCUS: Well the type of contusions I saw, there's no doubt in my mind they were caused by a struggle with someone. And by the size of the contusions and their position and the depth of their color, I'd say he was a left-handed man.

JACK IMMEDIATELY HIDES THE PENCIL HE IS HOLDING IN HIS LEFT HAND.

 

MARCUS: Now this man restrained Kayla by putting force against her neck causing her to struggle against that restraint.

MICKEY: In your professional doctor, did she struggle a little or a lot.

MARCUS: She struggled a lot.

SCENE THREE: STEVE IS ON THE STAND.

 

TED: Could the witness be more specific?

STEVE: Steven Earl Johnson. I shoot pool.

 

PEOPLE IN THE COURTROOM LAUGH.

 

COURT ATTENDANT: Raise your right hand! Do you swear to tell the truth, the whole truth and nothing but the truth, so help me God?

STEVE: I do.

COURT ATTENDANT: You may be seated.

MICKEY: Well Mr. Johnson, let's not tip toe around the issue here. What is your relationship with Kayla Brady Deveraux?

STEVE: We're good friends.

MICKEY: Are you having an affair with her?

STEVE: That depends on what you call an affair.

MICKEY: Okay if the general public knew about your relationship do you think they would feel that it was an affair?

STEVE: Probably.

MICKEY: So you are intimate.

STEVE: Yeh.

MICKEY: Did you see the bruises on Kayla's neck that Dr. Hunter described?

STEVE: Yes.

MICKEY: Now when did you first notice them?

 

STEVE IS SILENT.

 

MICKEY: Well I have a statement here....

STEVE: Hey can we get these reporters out of here? Do you think that would be possible?

JUDGE: No. An elected public official is involved and as long as the members of the press corps remain orderly they have a constitutional right to remain. Please continue.

MICKEY: Now Mr. Johnson, you gave a statement in which you said that shortly after Jack Deveraux's election Kayla Brady suddenly came to you and told you she had to get away. That she needed a short vacation. So you took her to a cabin in the mountains. Now is that where you first noticed the bruises?

STEVE: Yes.

MICKEY: Now would you please describe for us Kayla's state of mind?

TED: OBJECTION! This person has no professional training and his opinion on another person's state of mind would be inadmissable!

JUDGE: Over-ruled.

MICKEY: Mr. Johnson. Would you describe Kayla as distant?

STEVE: Yes.

MICKEY: Did she want you to touch her?

STEVE: She wanted me to hold her.

MICKEY: How did she explain the bruises on her neck?

STEVE: The bruises weren't just on her neck. They were all over her body.

MICKEY: But how did she explain them?

STEVE: She said that Jack raped her!

TED: OBJECTION! Hearsay, inadmissable!

STEVE: I'M GETTIN' A LITTLE SICK OF YOU, YOU KNOW THAT!

TED: Your honor.

STEVE: WAIT A MINUTE. WHAT'S ADMISSABLE HERE?

TED: Your honor I must object.

STEVE: I ran into Jack about a week after he did that to her and you know what he said to me? He said that he was happy he did it, that he took what was his and he was sorry that he didn't done it sooner! Kayla's got bruises all over her body and the jerk says he enjoyed every minute of it.

TED: OBJECTION! Your honor objection. He admits to having an affair with this man's wife and has everything to gain from all this debauchery. You better have a witness to that accusation.

STEVE: KAYLA'S A WITNESS. SHE WAS THERE. SHE HEARD HIM.

TED: Oh great! Kayla who was also having an extramarital affair on her husband who loved her and worshiped her.

STEVE: HE RAPED HER!

TED: I NEED SOMEONE WITH SOME MORAL CREDIBILITY!

STEVE: Kayla's got moral credibility!

TED: Says who? Her lover who hustles pool games in bars when he isn't making time with a rich man's wife.

SCENE FOUR: KAYLA IS ON THE STAND.

 

COURT ATTENDANT: ....nothing but the truth, so help you God.

KAYLA: Yes.

COURT ATTENDANT: Please be seated.

MICKEY: Kayla, how did you get the bruises?

KAYLA: I....I got them struggling with Jack.

MICKEY: And when was that?

KAYLA: The night he won the Assemblyman election.

MICKEY: What happened?

KAYLA: Ah, we came home from the victory party and Jack.....he seemed very happy. I thought he was happy. He started kissing me and coming on real strong.

MICKEY: What do you mean he was coming on real strong?

KAYLA: He was kissing me hard and holding me tight. And then he exploded and said that he knew about me and Steve. I wanted to call Steve but he grabbed the phone and said no and he said he had waited long enough.

MICKEY: For what?

KAYLA: For....for us....

MICKEY: ....to....to make love?

KAYLA: Yes.

MICKEY: What did he mean by that?

KAYLA: I didn't love him and I couldn't make love to him.

MICKEY: Now you had been married to him for several months and yet you had not had sex.

KAYLA: That's right.

MICKEY: Not at all?

 

KAYLA SHAKES HER HEAD.

 

MICKEY: And what happened after Jack said he had waited long enough?

KAYLA: He grabbed me and said I was his wife and he had a right.

MICKEY: And what did you say?

KAYLA: I said no. I kept....no.

COURT REPORTER: I'm sorry I can't hear her.

MICKEY: I kept telling him no.

JUDGE: Mrs. Deveraux, you'll need to speak up.

MICKEY: Kayla, did Jack hear you that night? Did he hear you say no repeatedly?

KAYLA: He heard me. He pushed me down on the couch and he was kissing me, tearing at my clothes and....tearing at my clothes and....

MICKEY: You have to say it. I can't say it for you.

KAYLA: He raped me.

 

JACK LOOKS ANGRY AND DISTURBED.

 

MICKEY: And you struggled?

KAYLA: Yes and he kept holding me down and....he kept holding me down.

MICKEY: Why didn't you report this?

KAYLA: I wanted it to go away.

MICKEY: No further questions as this time your honor.

 

JACK TURNS AROUND TO LOOK AT MELISSA AND SHE SMILES BACK AT HIM.

 

TED: Mrs. Deveraux. I know you can only guess at this but how many times would you say you indicated to your husband that you intended to make love with him?

KAYLA: More than once.

TED: Would it be truthful to say, more than ten times?

KAYLA: Yes.

TED: More than twenty times?

KAYLA: I didn't count.

 

JACK IS GLOATING.

 

TED: But you never told him that you had no intention of making love with him ever?

KAYLA: No.

TED: You married him. Did you plan on ever making love to your husband?

KAYLA: When we were married he was very ill.

TED: And when he recovered?

KAYLA: Ah....I was ill.

TED: And when you recovered?

KAYLA: Things had changed. I wanted out of the marriage.

TED: Did you tell Jack that?

KAYLA: No.

TED: Did you tell him that what had changed was that you were having an affair?

KAYLA: No.

TED: When Jack was suspicious of your lover Steve Johnson, did you lie and say there was nothing to be suspicious of?

KAYLA: Ah....I guess I did that.

TED: Well is it fair to say that as far as the signals you were sending your husband, Jack Deveraux thought you were happy in your marriage?

KAYLA: I suppose yes.

TED: So you led him on. You teased him. You weren't saying no.

KAYLA: I SAID NO THAT NIGHT!

TED: I have no further questions Mrs. Deveraux, your honor.

MICKEY: A redirect your honor.

JUDGE: Alright.

MICKEY: Kayla when you got back to that apartment that night did you lead him on?

KAYLA: No.

MICKEY: When he kissed you, did you respond?

KAYLA: No.

MICKEY: Did you tease him?

KAYLA: No.

MICKEY: And when he said he wanted to make love to you what did you say?

KAYLA: I said no and he knew I meant it!

 

JACK LOOKS AT HER WITH ANGER.

 

KAYLA: There was no way he didn't know I meant it. Maybe I was less than honest with some of my actions. (To Jack) Many of them I did because I was trying to save your life. I was trying to help you fight that cancer. Maybe I made some mistakes in my judgment. Some people would say I was even cruel. I thought I was helping you to fight that cancer and win the election. But that night....

TED: Your honor, please?

JUDGE: I'll hear her statement.

KAYLA: That night I was honest and I was clear and I didn't want you touching me and I didn't want you kissing me and I certainly didn't want you making love to me. And I don't care if I was a stranger, your girlfriend or your wife, you had no right to take me against your will. You threw me down and tore my clothes. You raped me and you think you can get away with it. Well I want it for the record, I don't care who you are Jack Deveraux and I don't care who your father is, what you did is a crime. What they call a crime of violence and you have to pay for it.

 

JACK CONTINUES TO STARE AT KAYLA WITH ANGER.

SCENE FIVE: THE HEARING CONTINUES.

 

JUDGE: This is not an easy charge and I did not take it likely but I do think there is adequate evidence to bring this case to trial. Trail date to be determined at the earliest possible time. This hearing is adjourned.

 

THERE IS GENERAL HAPPINESS FROM KAYLA'S FAMILY BUT JACK'S SIDE IS DEPRESSED.

 

HARPER: (To Jack) Don't worry, we're not going to let this happen but first we have to appease the press.

 

JACK OBSERVES KAYLA GETTING SYMPATHY FROM STEVE AND HE IS ANGRY.

SCENE SIX: THE COURTROOM.

 

ANJELICA: Harper, you're talking about Jack going on the record and admitting to this.

HARPER: No I'm talking about him accepting a lesser charge. I'm talking about cutting our losses. I think it's the only way.

JACK: Dad's right. Let's do it.

ANJELICA: Jack think about what you're doing. You're saying you're guilty.

JACK: (To Ted.) Talk to Mickey Horton and see what we can do.

TED: Okay. (He walks over to Mickey) Can we talk?

MICKEY: Sure.

 

TED AND MICKEY WALK AWAY.

 

KAYLA: I wonder what that's all about?

STEVE: I don't know. (He looks across at an arrogant Jack.)

 

TED AND MICKEY COME BACK IN THE COURTROOM AND MICKEY WALKS UP TO KAYLA.

 

MICKEY: I don't believe this. Jack has agreed to plead guilty to assault if we will okay a suspended sentence!

 

JACK IS TRYING TO OVERHEAR WHAT IS GOING ON.

 

KAYLA: I don't want Jack getting off scott free.

MICKEY: He won't get off scott free. This will be on his record for the rest of his life and if we go to trial....

KAYLA: I know, he could talk his way out of it. I know Jack. He'll come out looking like a saint.

MICKEY: What to you want to do?

KAYLA: Assault means he attacked me, right?

MICKEY: Right. Not exactly a popular trait among elected officials!

STEVE: Listen baby it's up to you but if you want to get this whole thing over with....

KAYLA: Okay, I'll take the assault charges.

SCENE SEVEN: STEVE AND KAYLA ARE WAITING IN THE COURTROOM AND JACK WALKS UP.

 

JACK: Alright, I'm going to plead guilty to assault so you can keep on being righteous! But someday when you least expect it, expect it!

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STEVE MAKES A GRAB FOR JACK BUT KAYLA PULLS HIM AWAY.

 

KAYLA: If you think you are ever going going to get me to regret bringing this out in the open, you're wrong because I finally feel like I've done something right! And I'm starting to feel a hell of a lot better too.

 

JACK SMIRKS AND WALKS AWAY.