Bill Harvey Collection

by Peter O'Mahoney

  “Yes, we are. We have lunch or coffee every week.”

  “Every week?” Chettle questioned from behind her desk, reading from the notes in front of her. “How long have you been doing that for?”

  “Most of our adult lives, on and off.”

  “So you know a lot about Mr. López’s life?”

  “I do.”

  The answers were coming too quickly.

  Gripping his pen tightly, Harvey prepared for a new turn in the case.

  “On the day of September 12, the day of the raid on his apartment, where were you?”

  “I was with Carlos López all day.”

  “Can you please explain to the court what happened on the day that the raid occurred at Mr. López’s apartment?”

  “I met with Carlos at his apartment in the morning, and we went to have lunch at one of our favorite diners, El Mejor. We stayed there for many hours, as we often do, and talked about life, and love, and the future. After lunch, we stopped at a shop, and then we left to return to his apartment. When we returned in his car, he parked in the lot next door to his apartment building, I said goodbye to him, and he entered the apartment building alone. He later informed me that it was then that he was arrested.”

  Harvey felt the tension rise in the room.

  “At any point during that day, did you see Carlos with this briefcase?” Chettle pointed to the case on the evidence table.

  No…

  Suddenly, it all fell into place for Harvey.

  They’ve been played—by Lewis, and by the prosecution.

  Lewis looked at the defense table and drew a deep breath.

  “I did.”

  Carlos’ mouth dropped open.

  This wasn’t part of their plan.

  This wasn’t part of their game.

  Carlos clearly didn’t expect his cousin to set him up.

  Despite the suddenness of the accusation, Chettle didn’t look the least bit surprised. She knew this was coming.

  She organized this.

  “And please explain to the court when you saw Carlos with the briefcase?” she continued.

  “When I met Carlos at his apartment that morning, he had the briefcase in his hand. He seemed nervous about it, almost like he didn’t want me to know about it. When I suggested that we go out for lunch, he made sure he put the briefcase in a secure place in his bedroom. I wanted to ask him what was in the briefcase because he seemed so nervous about it, but I figured it was actually none of my business. He left it in his bedroom while we went out for lunch.”

  Lewis was living up to his promise about only saying the things in his best interest.

  “Have you ever seen Carlos López take drugs?”

  “In the past, yes.”

  “And does that bother you? Does it bother you that he has taken drugs before?”

  “He made mistakes in his past, and that’s fine with me. His crimes didn’t affect me directly because I don’t like drugs.” He tried hard to hide his devilish grin, but he couldn’t, no matter how much he wanted to. “However, I’m a forgiving man. I have looked past those dealings because my cousin Carlos has a good heart. He has a strong heart. And I honestly thought that he was done with the game. I thought that he was through with it. But we all know that dealing large quantities of drugs like that is a way to make a lot of money fast. I guess he needed the money and saw this as the quickest way to get it.”

  “It doesn’t bother you that you spend a lot of time with a drug user?”

  “Like I said, I have forgiven him for his sins. I wouldn’t have any friends left if I didn’t forgive people. We all make mistakes, lady.”

  Harvey could see the prosecution’s play clearly.

  They had struck a deal with Lewis.

  When Carlos didn’t roll over on his friend, Lewis became their main focus. They had tailed him, harassed him, and questioned him. Lewis must have given them something good to strike this deal.

  The problem with making a deal with a man like Juan Lewis was that he would never pull back from the drug trade. This deal would only fuel his ego.

  He’ll go bigger.

  Faster.

  Walking away from this courtroom would only increase his confidence.

  “And have you ever been involved in the drug trade?”

  “No.”

  “Mr. Lewis, can you please advise the court whether you ever saw Mr. López dealing drugs?”

  “No, I didn’t. I never saw Carlos deal or sell drugs, but I’m very well aware that he spent time in prison for drug crimes.”

  “Objection,” Harvey called out. “Past convictions—”

  “Withdrawn,” Chettle responded quickly, but the damage was already done. “Thank you, Mr. Lewis. No further questions.”

  As he stared at the paper in front of him, the sweat collected on Harvey’s brow.

  Not only was he fighting for the safety of Kate Spencer, and fighting a now almost impossible case, but he was also fighting a lying drug dealer.

  He thought about this morning when he saw Kate at the office, a bandage on her chin, black eye still visible. His eyes then turned to Carlos, a man with a troubled past, but who was clearly innocent of the charges.

  Justice or safety?

  Should he go after Lewis and risk Kate? Or should he let Carlos go to prison, and keep Kate safe?

  Justice or safety?

  A question he could not answer.

  Chapter 26

  After the shock of Juan Lewis’ accusation, Judge Windsor called for a short recess, a chance for the defense to think about how they could possibly put their case back together.

  As soon as Harvey stepped out of the courtroom, Carlos grabbed his arm, firmly.

  They stood in the hallway of the courthouse, each of them confused about what had just happened. They didn’t see it coming. The hallway was empty, except for the people racing through to another case, and they felt a moment of relief from the intensity of the courtroom.

  “What just happened?” Carlos asked, shaking his head.

  “It appears that your cousin, Juan Lewis, has just pinned the case on you. He didn’t want to go down for the crime, so he’s heaping all the blame on you. I didn’t expect that. I didn’t expect that he would do that. He must have struck a good deal with the prosecution.”

  “Why would he have struck a deal with the prosecution? Why would they have let him do that?”

  “He must be going to sell someone out…” Harvey reasoned as he talked the situation through. “It must be Miles. That’s the only thing he could offer them. He’ll get immunity from the charges. But Pitt has already struck a deal with Roberto Miles.”

  “And the prosecution has struck a deal with Lewis?”

  “Lewis and Miles are double-crossing each other.” Harvey ran his hand through his hair. “They’re both trying to sell each other out to take over the business. They’ve both turned on each other.”

  “That’s trouble, Bill. Lewis is bad, but Miles, he would beat up his own mother if it got him another cookie. He’s relentlessly violent. When he finds out that Lewis has turned on him for a deal, he’ll be unstoppable.”

  “Your trouble right now is that your cousin, someone you thought you could trust, has just sold you out. That must have been part of the deal as well.”

  “But why would he do that? We’re like brothers, and he knows the briefcase wasn’t mine. He lied in there.”

  The pain in his eyes was clear. Nothing was more important to him than family, and he had never thought his own family could do that to him.

  “The prosecution must have found something on Lewis. They must have got him into a room and squeezed him tight. He must have felt the pressure. That’s what they wanted to happen. They wanted to break him. He must have struck a deal to turn over on Miles, and they want you to go down for this crime. Your relationship means very little to him right now. His freedom means so much more.”

  “That wasn’t my briefcase. He knows that. He’s
lying about that briefcase.”

  “I’m sure it wasn’t yours. I believe you, Carlos. One hundred percent. But it’s not up to me; it’s up to the jury to make that decision. And right now, they’re all thinking that you owned the briefcase. Even the jurors that were sitting on the fence before now look convinced after that little play from Lewis. A witness has stated that they saw you with the briefcase. That’s the hook, line, and sinker for these jurors.”

  Tears welled up in Carlos’ eyes as he huffed out all the pain and leaned against the hallway wall. He loosened his tie, and the back of his head tapped against the wall as he tried to understand what had just happened.

  His cousin had sold him out. He was about to go back to prison.

  With a hefty sigh, his head dropped towards the floor. “If I leave now, I can make a run for the border.”

  “It’s not over yet, Carlos.”

  “What are you talking about?” Carlos’ eyes squinted together. “It’s over. Didn’t you hear what he said in there?”

  “I have one play left.”

  “What do you mean?”

  “I need to get under his skin. I need to make Lewis angry. He has an anger management problem, and I need to exploit that.” Harvey leaned close to Carlos. “Lewis is about to send you to prison, so I need you to tell me something that’ll get under his skin. Is there anything that will make Lewis furious? Anything that can get under his skin?”

  “Maybe.”

  “Come on, Carlos. Tell me.”

  “Michelle Hardgrave.”

  “What about Michelle?”

  “This last year they have had a very on again, off again relationship. They’re together at the moment. They hate each other, and then five minutes later, they love each other. It’s been a volatile year for them. If you mention her, bring her into this, it might make Lewis angry.”

  “How long have they been back together?”

  “Probably a week before my arrest.” Carlos rubbed his brow. “He would do anything for her. Anything. He doesn’t want to lose Michelle. If you threaten her, then it’ll push his buttons. If you make a threat against her, he’ll get really angry. He won’t be able to hold himself back.”

  “That may be enough to get under his skin,” Harvey responded, thinking about his next step.

  “I’m done, aren’t I? There’s no coming back from here, is there? Lewis has made sure that I’m going down for this crime. I can tell.” Carlos’ eyes showed a lot of pain. “I can’t go back to prison, Bill. You can’t let that happen to me. I’m innocent. I can’t go to prison because I’m innocent. That’s the way this system is supposed to work.”

  “I wouldn’t give up just yet.”

  “There’s nothing left, Bill. Nothing. There is nothing more that we can do. I should go now. Tonight. Make a run for the border. I could cross without anyone knowing. Run the tunnels. On the other side, I have family. Real family, not like Lewis. They’ll look after me. Help me set up my life down there. It wouldn’t be much, but it would be better than prison. I can’t do that again.”

  Harvey placed his consoling hand on Carlos’ shoulder. “Carlos, I have one play left. I’m going to question Lewis next, and it’s going to get hot in there.”

  “What if it doesn’t work?”

  “Then nowhere is going to be safe for either of us.”

  Chapter 27

  After the jurors were ushered back into the courtroom, Harvey had the chance to question drug baron, Juan Lewis.

  Lewis rested on the witness stand, waiting for the questions, looking supremely poised.

  When prosecutor Shannon Chettle called him and offered him a deal five days ago, he jumped at the chance. She had evidence that connected him to a smaller drug deal, but if he sold out his partner, Roberto Miles, and his cousin, Carlos López, she would be willing to discuss a deal.

  She gave him immunity from the new charges in exchange for evidence against Miles, and testimony against López. For Chettle, it wasn’t personal. She didn’t care who went to prison; she just wanted the drugs off the streets. She saw the impending arrest of Miles and the charge against López as victories.

  She knew about Detective Pitt’s offer to Miles to setup Lewis, but that had been two months in the making. Here, she had two wins in quick succession. Big wins. Wins big enough to put her name in the paper.

  What she didn’t know was that Lewis was the worst of the lot.

  And she had only fueled his ego.

  After he was called to begin his questioning, Bill Harvey contemplated the case at the desk, thinking over the last chance that lay before him.

  “Mr. Lewis,” he began questioning. “Can you please confirm where you were on September 12?”

  Lewis stared at Harvey with a flashy smile. “Like I have stated previously, I was with Carlos López all day.”

  “But you weren’t at the El Mejor diner with Carlos López that day, were you?”

  “Yes, I was.”

  “Really? I have evidence to prove that you weren’t there. So, I’ll ask you again, where were you?”

  Lewis didn’t answer; instead, his eyes stared straight at Harvey.

  “Mr. Lewis, please answer the question,” Judge Windsor prompted Lewis to answer.

  “There is no evidence of that because it’s not true. It can’t be true because we were together all day. All day. Isn’t that right, Carlos?” Lewis stared at his cousin.

  “The defense would like to introduce new evidence to the court—the security footage of the El Mejor diner for September 12.”

  The body language of Lewis changed. He leaned forward, crossing his arms, subconsciously protecting himself from the attack.

  “Look,” Lewis argued before the footage was presented. “Maybe we got the diner wrong. Carlos and I frequent a lot of diners around town, and maybe we got our diners mixed up. Maybe we weren’t at the El Mejor diner that day. Maybe we made a mistake about which diner we were at on that day.”

  “So, despite your sworn testimony that you were at the El Mejor diner, you’re now changing that? Which diner were you at that day, Mr. Lewis?” Harvey asked, staring straight at Lewis.

  “Maybe we were there. Maybe we weren’t. I’m not sure. I don’t keep a diary of every daily event, so I have nothing to check. All I know is that we were at a diner that day. Sometimes, people can get confused.”

  “Or maybe you’re lying?”

  “No.” Lewis was starting to become agitated with Harvey’s line of questioning. “I know for sure that we were together. That’s the truth.”

  “Were you with your girlfriend that day, Mr. Lewis?” Harvey enquired loudly.

  “On that day, I didn’t have a girlfriend,” Lewis stated as his jaw clenched.

  “Really?” Harvey faked his surprise. “I thought you were dating Michelle Hardgrave? Daughter of Judge Andrew Hardgrave?”

  Lewis’ nostrils flared. “I am.”

  “But not on that day?”

  “No.”

  “Objection,” Chettle called out. “This information isn’t relevant to the case.”

  “Your Honor,” Harvey explained. “I’m merely trying to establish where this witness was during the day in question.”

  “Overruled,” Judge Windsor stated. “Continue the questioning, but get to the point quickly, Mr. Harvey.”

  As Harvey reviewed his notes, Lewis gripped the arm of his chair tightly, breathing heavily through his nostrils. He was warned by Chettle that the defense would try and make him angry, so he took pre-emptive action—he quickly smoked two joints before he entered the courthouse.

  But even that wasn’t helping him right now.

  Harvey had certainly pushed the right button.

  Harvey paused for a few long moments, creating an uncomfortable silence, and then continued, “If you weren’t with Michelle Hardgrave on that day, can you tell us the last time you saw her?”

  “Objection,” Chettle called out again. “I fail to see how this is relevant.”
>
  “Overruled. Get to the point, Mr. Harvey,” Judge Windsor repeated.

  “She dumped you, didn’t she? Her father finally got her clean, off the drugs, and when she was clean, she dumped you. That must have hurt, Mr. Lewis.”

  “Objection. The defense—”

  “Withdrawn,” Harvey stated, standing up to begin pacing the floor of the courtroom. He could see the fire in Lewis’ eyes.

  Ready to snap.

  Just where Harvey wanted him.

  “Mr. Lewis, Carlos López didn’t have the briefcase on that day, did he?”

  “Yes, he did.”

  “But you never saw him with it, did you?”

  “Yes, I did.”

  He closed the gap between Lewis and himself.

  “Have you ever dealt drugs, Mr. Lewis?” Harvey caught a glimpse of a confused look on Chettle’s face. She had no idea what he’s playing at.

  “No.”

  “Have you ever taken drugs?”

  Lewis’ voice rose as he became increasingly frustrated. “No.”

  “Have you ever been tempted to take drugs?”

  “What is this?!” Lewis fired back.

  Usually, Harvey would expect an objection to this line of questioning, but Chettle didn’t look like she was going to object any time soon. She felt like the line of questioning was working in her favor.

  Judge Windsor looked to the prosecution, almost pleading with her to object, but when she didn’t, he stated, “Please answer the questions asked of you, Mr. Lewis.”

  “No,” Lewis snapped. “I have never been tempted to take drugs!”

  “Have you ever watched anyone take drugs?”

  “What is this?” Lewis replied angrily.

  “Please answer the questions,” Judge Windsor stated again.

  “No!”

  “Did Michelle take drugs?”

  “No!”

  “Objection. Not relevant.”

  “Did you give her drugs, Lewis?!”

  “No!”

  “Your Honor. Objection!”

  “You gave her drugs, didn’t you?!”

  “No!”

  “Mr. Harvey!” Judge Windsor boomed.

  “She only loved you for the drugs, Lewis!”