Crow testified that she and Storey shared a whole pitcher of margaritas on the back deck of his house before they went to his bedroom.
“And did you go willingly, Ms. Crowe?”
“Yes, I did.”
“You engaged in sexual relations with the defendant?”
“Yes, I did.”
“And this was consensual sexual intercourse?”
“Yes, it was.”
“Did anything happen that was unusual once you began having sexual relations with the defendant?”
“Yes, he started to choke me.”
“He started to choke you. How did that occur?”
“Well, I guess I closed my eyes at one point and it felt like he was changing positions or moving. He was on top of me and I felt his hand slide behind my neck and he sort of lifted my head off the pillow. Then I felt him slide something down…”
She stopped and put her hand to her mouth as she appeared to fight to maintain her composure.
“Take your time, Ms. Crowe. “
The witness looked as though she was genuinely trying to hold back tears. She finally dropped her hand and picked up her cup of water. She sipped from it and then looked up at Langwiser, a new resolve in her eyes.
“I felt him slide something down over my head and around my neck. I opened my eyes and he was tightening a necktie around my neck.”
She stopped and took another sip of water.
“Can you describe this necktie?”
“It had a pattern. It was blue diamonds on a field of purple. I remember it exactly.”
“What happened when the defendant pulled the tie tightly around your neck?”
“It was choking me!” Crowe replied shrilly, as if the question was stupid and the answer was obvious. “He was choking me. And he kept… moving in me… and I tried to fight him but he was too strong for me.”
“Did he say anything at this time?”
“He just kept saying, ‘I have to do this, I have to do this’ and he was breathing really hard and he kept on having sex with me. His teeth were clenched tight when he said it. I…”
She stopped again and this time single tears slid down both her cheeks, one slightly behind the other. Langwiser went to the prosecution table and took a box of tissues from her spot. She held them up and said, “Your Honor, may I?”
The judge allowed her to approach the witness with the tissues. Langwiser made the delivery and then went back to the lectern. The courtroom was silent save for the crying sounds of the witness. Langwiser broke the moment.
“Ms. Crowe, do you need a minute?”
“No, I’m fine. Thank you.”
“Did you pass out when the defendant choked you?”
“Yes.”
“What do you remember next?”
“I woke up in his bed.”
“Was he there?”
“No, but I could hear the shower running. In the bathroom next to the bedroom.”
“What did you do?”
“I got up to get dressed. I wanted to leave before he came out of the shower.”
“Were your clothes where you had left them?”
“No. I found them in a bag – like a grocery bag – by the bedroom door. I put on my underwear.”
“Did you have a purse with you that night?”
“Yes. That was in the bag, too. But it was opened. I looked inside and he had taken the keys out. I -”
Fowkkes objected, saying the answer assumed facts not in evidence and the judge sustained it.
“Did you see the defendant take your keys out of your purse?” Langwiser asked.
“Well, no. But they had been inside my purse. I didn’t take them out.”
“Okay, then someone – someone you didn’t see because you were unconscious on the bed – took your keys out, is that correct?”
“Yes.”
“Okay, where did you find your keys after you realized they were not in your purse?”
“They were on his bureau next to his own keys.”
“Did you finish getting dressed and leave?”
“Actually, I was so scared I just grabbed my clothes and my keys and my purse and I ran out of there. I finished getting dressed when I got outside. I then ran down the street.”
“How did you get home?”
“I got tired of running and so I walked on Mulholland for a long time until I came to a fire station with a pay phone out front. I used it to call a cab, then I went home.”
“Did you call the police when you got home?”
“Um, I didn’t.”
“Why not, Ms. Crowe?”
“Well, two things. When I got home David was leaving a message on my machine and I picked up. He apologized and said he got carried away. He told me he thought that the choking was going to increase my satisfaction while we had sex.”
“Did you believe him?”
“I don’t know. I was confused.”
“Did you ask him why he had put your clothes in a bag?” “Yes. He said he thought he was going to have to take me to the hospital if I didn’t wake up by the time he was out of the shower.”
“Did you ask him why he thought he should take a shower before taking an unconscious woman in his bed to the hospital?”
“I didn’t ask that.”
“Did you ask him why he didn’t call for paramedics?”
“No, I didn’t think of that.”
“What was the other reason you did not call the police?”
The witness looked down at her hands, which were grasping each other in her lap.
“Well, I was embarrassed. After he called I wasn’t sure anymore what had happened. You know, whether he had tried to kill me or was… trying to satisfy me more. I don’t know. You always hear about Hollywood people and weird sex. I thought maybe I was… I don’t know, just being uncool and square about it.”
She kept her eyes down and two more tears went down the slopes of her cheeks. Bosch saw a drop hit the collar of her chiffon blouse and leave a wet mark. Langwiser continued in a very soft tone.
“When did you contact the police about what happened that night with you and the defendant?”
Annabelle Crowe responded in a softer tone.
“When I read about him being arrested for killing Jody Krementz the same way.”
“You talked to Detective Bosch then?”
She nodded.
“Yes. And I knew that if I’d… I’d called the police that night that maybe she’d still…”
She didn’t finish. She grabbed tissues out of the box and started a full force cry. Langwiser told the judge she was finished with her examination. Fowkkes said there would be a cross-examination but suggested that it should follow a break during which time the defendant could compose herself. Judge Houghton said that was a good idea and called a fifteen-minute break.
Bosch stayed in the courtroom watching over Annabelle Crowe as she went through the box of tissues. When she was done her face was no longer as beautiful. It was distorted and red, her eye sockets swollen. Bosch thought she had been convincing but he knew she hadn’t faced Fowkkes yet. How she fared during the cross would determine whether the jury believed anything she had said on direct.
When Langwiser came back in she told Bosch there was someone at the outer door of the courtroom who wanted to speak to him.
“Who is it?”
“I didn’t ask. I just overheard him talking to the deputies as I went in. They wouldn’t let him in.”
“Was he in a suit? A black guy?”
“No, street clothes. A windbreaker.”
“Keep an eye on Annabelle. And you better find another box of tissues.”
He got up and went to the courtroom doors, working his way past all of the people coming back in at the end of the break. At one point he came face-to-face with Rudy Tafero. Bosch moved to his right to go around him but Tafero moved to his left. They danced back and forth a couple times and Tafero smiled broadly. Bosch finally stopped and didn’t move until Tafero pushed by him.
In the hall he looked around but didn’t see anyone he recognized. Then Terry McCaleb walked out of the men’s room and they nodded to each other. Bosch walked over to the railing in front of one of the floor-to-ceiling windows that looked out on the plaza below. McCaleb walked up.