Linda’s eyes bored holes into him. “Beforewhat, Dr. Alderman? Answer the question.”
“Before all this happened.” Noah’s throat went dry.
“But Anna is what happened, isn’t that true?”
“No.”
Linda pursed her lips. “Isn’t it true that Anna moved into your home on Saturday, April 22?”
“Yes.”
“And she was murdered on Wednesday, May 10, only a few weeks later?”
“Yes.”
“Dr. Alderman, your marriage was good before Anna moved in, wasn’t it?”
“Yes.”
“Please direct your attention to Commonwealth Exhibit 35 on the screen.” Linda was about to signal to her paralegal when Thomas stood up.
“Objection, Your Honor. I have a running objection to the admission of the Commonwealth Exhibit 35 under Pennsylvania Rules of Evidence 404. Under Rule 404, evidence of prior crimes, wrongs, or other acts are inadmissible and unduly prejudice the jury.”
Linda whirled around to the judge. “Your Honor, Commonwealth Exhibit 35 is admissible under 404(b) as a permitted use, in that it tends to prove motive and intent. Defense counsel’s argument has been rejected by the Superior Court inCommonwealth v. Drumhellerand more recently inCommonwealth v. Ivy. The PFA Petition is certainly relevant to the case at bar, and not only that, is also admissible under theres gestaeexception because it forms the history of this matter.”
Judge Gardner pursed his lips. “I’ll overrule the objection. Commonwealth Exhibit 35 is admissible.”
“Thank you, Your Honor.” Thomas sat down heavily.
“Yes, thank you, Your Honor.” Linda signaled the paralegal, then turned to face Noah, and the screen changed to a document he knew very well, unfortunately.
PETITION FOR PROTECTION FROM ABUSE,read the top, and under that was a form with boxes for Plaintiff and Defendant, which had been filled out Anna Desroches and Noah Alderman, in Anna’s handwriting, and under that was a boldedCAUTION, with boxes forWeapon Involved, Weapon Present on the Property, or Weapon Requested Relinquished, the only boxes that remained mercifully unchecked.
“Dr. Alderman, this is a Petition for a Protection From Abuse filed against you in the Common Pleas Court of Montgomery County on May 8, is it not?”
“Yes.” Noah nodded.
“In Pennsylvania, a Protection From Abuse order, commonly referred to as a PFA, is sought by victims of sexual abuse when they are trying to protect themselves from their victimizer, isn’t that correct?”
“Yes.”
“Dr. Alderman, who filed the Petition against you?”
“Anna.”
Linda paused, lifting an eyebrow. “Isn’t it true that this Petition was filed only seventeen days after Anna had moved in?”
“Yes.”
“And isn’t it also true that this Petition alleged that you attempted to sexually abuse Anna on two separate occasions, on April 27, in a car during her driving lesson, and on May 6, in a bathroom?”
“Yes.”
“Dr. Alderman, aren’t these the specific allegations regarding the two occasions?” Linda signaled to her paralegal, and the screen changed.
Set forth the facts of the most recent incident of abuse, including date, time, and place, and describe in detail what happened including any physical or sexual abuse, threats, injury, incidence of stalking, medical treatment sought, and/or calls to law enforcement.
My stepfather Noah Alderman tried to kiss and fondle me in a powder room at home on Saturday, May 6, at about 10:45 pm.
