Bill Harvey Collection

by Peter O'Mahoney

  A smirk stretched across Harvey’s face.

  This was his idea of a perfect date.

  CHAPTER 12

  With the early morning sun at his back, Harvey sat in his office, sipping coffee with a renewed confidence. With Kate Spencer by his side, he felt like he could do anything.

  “Excuse me, Bill.” Kate popped her face into Harvey’s office. “Miss Valentine is here to see you. She doesn’t have an appointment, but she said you wouldn’t mind squeezing her in.”

  “Valentine?” Harvey was delighted. “Absolutely. I can make time for her. Send her in.”

  Shutting the paper file on Anna’s case, he slid it into the top drawer of his desk. He wouldn’t want Valentine to see the thickness of the file he already had compiled for the murder case.

  The prosecution would have a file of their own, but it was unlikely to be as comprehensive as his.

  “Unless you’re offering a deal with no jail time and no conviction, you can turn around and walk back out that door.”

  “It’s great to see you too, Bill.”

  Prosecutor Joanne Valentine moved with an easy grace, a smooth sexiness, which always captured Harvey’s attention.

  “You look lovely,” he complimented her.

  “Thanks. You look lovely too. Have you been working out?”

  “I have taken up yoga to keep my body flexible. I have found that the older I become, the more inflexible I am. I was struggling to touch my toes last month, but after a month of yoga, I’m a lot nimbler. I’m not doing cartwheels yet, but I feel a lot better.”

  “You want to become more flexible? I’m sure I could help you.” Valentine winked.

  Harvey smiled. This woman was a very skilled flirt.

  “I’m sure you could help me, Joanne.” Their eyes connected. “But I’m also sure you haven’t come to my office to entertain me.”

  “No, but we should organize that sometime. I see that your office door has a lock.”

  Harvey laughed again.

  The stunning prosecutor was one of the country’s best, and most cunning, lawyers. Harvey was sure the District Attorney’s office put her on most of his cases in the hope that it would distract him from the work.

  Often, that tactic worked.

  “What’s your offer for Anna?” he asked, redirecting the conversation.

  “Early Guilty plea for second-degree murder, so she’ll only serve fifteen years. We can talk about the specific details when you’re ready. Of course, it will have to be approved, but this meeting is about registering your client’s interest in an offer. It’s a very violent crime, so she needs to do the time. We can’t let her walk away without spending some time in prison. Cold-blooded killers shouldn’t be walking the streets.”

  “You’re only going to offer her a reduced jail sentence? You’re not going to give her manslaughter?”

  “I can’t give her manslaughter when she strangled her aunt to death with her bare hands. You should know that it’s very hard to strangle someone by accident. This was intentional, planned, and callous. I shudder to even think about the moment her aunt died—looking up at her niece with love.”

  “It’s not beyond the realms of possibility that it was an accident,” he stated. “Maybe she was only trying to threaten her aunt, and accidentally killed her. Maybe she squeezed too hard.”

  “I really hope that isn’t the angle you’re going for in the case. That’ll get laughed out of court the second that you state it.”

  “No.” Harvey watched her closely for a reaction. “I’m just testing the waters.”

  “Fifteen years with a non-parole period of ten years is our first offer. If she takes it and is well-behaved in prison, then she’ll only be thirty-five-years-old by the time she steps out of jail. That’s still young enough to do something with her life.”

  “And the estate?”

  “Recovering Veterans will lodge a formal application that states Anna Lempare will not be entitled to the funds. As the only other benefactor to the estate, they will receive the full amount. The Slayer Rule applies in part here.”

  “The Slayer Rule states the murderer cannot retain a property interest in the victim’s estate. Anna has no claim to Jessica’s estate.”

  “It’s a forfeiture ruling, Bill. They will argue that Anna stood to benefit from the death of her aunt, and the Code states that any monies that the decedent has an interest in is covered by the ruling.”

  “We would argue that Anna had planned to complete the Army Basic Training. So, she stood to inherit the money, in only a few months’ time, regardless of the aunt’s death, if the grandfather’s will conditions were met. If she had plans to complete the Army Basic Training, then she didn’t stand to benefit from her aunt’s early death.”

  “Of course you will. I wouldn’t expect anything less from a man like you.” Valentine moaned. “I warned the charity that they could expect a fight from Anna for the inheritance. They’re prepared for that, but they will wait until after the trial to lodge that formal application.”

  “Good.” Harvey considered that thought for a while. “Anna is innocent.”

  “They all are.” Valentine laughed loudly, but then sighed when Harvey didn’t join her amusement. “All you men are the same. You get an innocent looking girl, and you think she’s an angel. But let me tell you, having spent years of my childhood at an all-girls school, the innocent looking ones are the worst. They’re the ones that can do whatever they want and get away with it. Anna is one of those girls. She’s trouble, Bill. Big trouble.”

  He shrugged his shoulders. “I think that you’re wrong on this one, Joanne. This girl is innocent. I’ve dealt with enough killers to know when I meet one. Anna is an angry person, but she isn’t a killer.”

  “I have met girls like her before. She thinks she can get away with anything as long as she flutters her eyelids.”

  “Regardless, it’s not about what you and I think. It’s about what the jury thinks.”

  “And I’ll be making sure there are no gullible men like you on that jury. I’m not going to let them fall for Anna, and be convinced of her innocence because of the way she looks. Pretty girls can be killers too, Bill. You need to have your eyes open to that fact.”

  “Not this pretty girl.” Harvey shook his head. “I’ll put your offer to her, but I’ll be advising her not to take it. Of course, the choice is hers, but I could not imagine that she would be interested. She’s innocent, and she wants to contest this. Anna is a fighter. She’ll fight this one all the way.”

  “Great,” Valentine stated. “I was hoping that would be your take on the case. I really enjoy taking easy trials to court. I’ve had a few stressful trials over the past few months so I could do with an easy one. A case like this doesn’t require much preparation, and that’s because the evidence does most of the speaking for me.”

  Harvey laughed at her confidence. “What is your play, Joanne?”

  “Jurors love violence. Sometimes, that’s all it takes. And this is a particularly violent offense, so the jury isn’t going to have a hard time searching for a conviction. Your client strangled her aunt to death with her bare hands. This isn’t an accident. This is a planned, brutal, and twisted crime by a very unstable woman. The jury isn’t going to take long to reach a decision on this. I bet that if the case gets to that point, then they will make their decision in under an hour. It’s an easy case, and when I heard that she was pleading Not Guilty, I shook my head. She can’t win this case.”

  “I wouldn’t be so sure.”

  “You’re the only lawyer in town that would be able to win this case. That’s why I’m here. If it were any other lawyer, then I would be laughing all the way home right now. But I’m here to try and convince you not to take this one to trial. Not even you can win this one. She’s guilty, and she deserves time behind bars. You can’t let her walk away from this. Murderers should be locked up. That’s the way the justice system works. If you let her walk free, then she m
ay kill again. The next murder will be on your head.”

  “And I won’t let the real killer walk free,” Harvey stated. “You’ll get your killer, but it’s not Anna.”

  “I don’t even know why I came here.” Valentine sighed. “You’ve always been very stubborn. When you get an idea in your head, nobody is able to budge it.”

  “You came here because you’re scared by the fact that you might lose the unlosable case.” Harvey leaned forward on his desk. “That’s the only reason you’re here.”

  “Maybe.” Valentine drew a long breath. “But regardless of my feelings, people like Anna Lempare need to be behind bars. The world is a safer place when people like her are off the streets. I won’t let this killer walk free, Harvey.”

  “Is that why you do your job, Joanne?” Harvey questioned. “To make the streets safer?”

  “In part, yes. I have a job because jurors are human. If it were only a judge that made decisions on court matters, then I wouldn’t even have a job. If all it took were the weight of evidence to convict a person, then there would be no need for my position. I’m here to convince a group of twelve men and women of a person’s guilt.” Valentine stared at Harvey. “Why are you a defense attorney?”

  “Because police officers are human. I have a lot of respect for the LAPD, but they’re people, just like you and me. They need to blame someone for the murder and, in this case, that’s all it is. The need to find a guilty party is sometimes greater than the need to weigh up the evidence. They are looking to blame my client because they need someone to take the fall. Anna was the easy choice. She’s innocent, and she needs someone to protect her. As her defense lawyer, I’m defending justice.”

  Valentine swept a loose strand of hair behind her ear. “And you get well paid.”

  “Not always.”

  “I saw your new car parked out front. It’s very shiny. I’m sure that the car wasn’t donated to you out of kindness.”

  He shrugged his shoulders. “I’ll take the deal to Anna, and I’ll contact you with her response. However, it’s very unlikely that she’ll take your offer.”

  “That’s a pity, but like I said, I’m okay with that. It gives me an easy case to win. I can relax over the next few weeks.”

  “This isn’t going to be easy, Joanne.”

  “With you, nothing ever is.”

  CHAPTER 13

  Criminal Defense Lawyer Bill Harvey sat in a quiet corner of the great Los Angeles Public Library, reading a copy of One Day in the Life of Ivan Denisovich by Aleksandr Solzhenitsyn. His love of the story stretched back many years, having first read it in his developing years at high school. The philosophy of the book had a profound effect on his outlook on life and changed the way he thought about love, friendship, and authority.

  Reading the well-worn paperback novel, he leaned back in the comfortable armchair, surrounded by millions of printed words. In his tailored business suit, he relaxed into the leather chair, crosses one leg over the other, and flicked through the pages.

  Although he had a copy of this novel in his home, there was something about the library that touched him. He loved walking into the doors of the library, escaping his everyday life for a few hours. He loved the feeling of being surrounded by the pages of history, pages of thoughts, and pages of creative expression.

  Deep among the written words, this was his escape.

  His deep affection for words was born out of the years his mother sat with him, reading story after story. The memory of her gentle voice reading books much too old for him was his strongest recollection of childhood.

  When he was only a boy living in a small farming community in California, she would read the greatest classic books to him for an hour every night. He had amazing respect for his mother, but it wasn’t until he grew older that he realized what a sacrifice she made each night to take the time to read to him.

  Just after his eighth birthday, his younger brother was born, and soon after his younger sister, leaving his mother with no time for him. It was then that he started to read the classics for himself—an eternal connection to his busy mother.

  After her suicide, it took over a year before he could open the pages of a book again. Every time he tried to read a novel, he could hear her voice. He started slowly, but eventually rediscovered his love of books.

  Now, he read to honor her memory.

  As he read through the last chapter of the classic Soviet novel, he took a moment to reflect on the emotion in the story. The story of Ivan Denisovich, who was assigned ten years in a forced labor camp in Soviet Russia, despite his innocence. The tale detailed the cruel, harsh world that the prisoners faced, and the way they survived their camp sentence by supporting each other and holding on to any last part of humanity that they have left.

  Although Anna would be in no way subjected to the same fate, Harvey could not help but compare their situations. If Anna was found guilty of her aunt’s murder, then she would spend years of her life desperately living day-to-day, trying to survive until the next morning.

  As he closed the book, he reflected on one of the protagonist’s last sentences: “Almost a happy day.”

  Despite the below freezing temperatures, the lack of food, and the hard, physical labor, the protagonist had an “almost happy day.”

  If anything, being imprisoned had taught Ivan Denisovich perspective. The man savored every minor stroke of luck that came his way—an extra piece of food, a tool to help him work, the drag of a newspaper rolled cigarette. The man had hope, and that made him appreciate life.

  Being incarcerated changed his outlook.

  Maybe prison could do the same for Anna.

  CHAPTER 14

  When a District Attorney’s office offered a token plea bargain to the defendant, it became clear to everyone that they think they had a very strong case.

  Although Harvey acknowledged that the evidence against his client was significant, he still expected a decent discussion about the possible outcomes. But the DA’s office declined the offer to negotiate further on the terms they presented.

  They were confident.

  And they had every right to be.

  Harvey was sure that Anna wouldn’t listen to a plea bargain anyway. She was a fighter; even if she were guilty, she would challenge the charges to the very end.

  “So where do we sit?”

  “You’ll be seated next to me in the courtroom,” Harvey answered, slightly confused by Anna’s question.

  “No…” Anna shook her head. “I mean overall, where do we sit in the case? How are we going?”

  “Not good.” He drew a long breath. “A number of things don’t look good for us. The case passed through the levels of trial without much trouble, and while that doesn’t mean that we have lost, it does mean that the evidence against you is solid. The prosecution is one hundred percent sure that they have this one in the bag, and they won’t even negotiate on the deal that they presented you.”

  “You can throw that thought in the bin. I’m not taking any deal. I can’t spend my life rotting away in prison. I’m not a criminal. I told you, I’m innocent.” Anna’s pleading eyes looked up at Harvey. “You believe me, don’t you?”

  Staring deep into Anna’s eyes, Harvey looked for any flinching moment of regret. There was none. “Yes, I believe you, but what I believe doesn’t matter in court. Regardless of whether I think you’re innocent or not, I’m here to get the best outcome for you.”

  Anna slumped back into the meeting room chair. Despite the sun streaming through the open windows of the meeting room in Harvey’s office, she felt cold. The fear of becoming incarcerated for the rest of her life weighed heavily on her mind and had prevented her from sleeping for weeks. Her bed had become a battle zone of discomfort and fear. Sleeping on her couch after a bottle of wine had been her only respite.

  Harvey sat proudly at the head of the boardroom table, files in front of him, and with Anna to his left. Spread out on the table were numerous folders
with information about the impending trial, and Harvey had been detailing how they will progress forward.

  “This is what the prosecution has against you, Anna,” Harvey said, sliding a file across the desk. “They may present more during the case, but this is their main evidence. This is the core of their case, and it’s what we have to fight against. They will present this as evidence in court, and I need you to be aware of all the information so that you don’t appear shocked at all during the case. How you react in the courtroom will determine whether some of the jury members think you’re guilty or innocent.”

  “Shouldn’t the jury members just think about the evidence? Isn’t that the reason for the trial?”

  “In theory, yes, the jury members should just think about the evidence. But there is a problem with that theory.”

  “What?”

  “Jury members are human, just like you and me. There is a subconscious process that happens when we meet anyone in our day-to-day life. That process is called Unconscious Bias. How the person looks, how they sit, how their shoulders are placed, their facial expressions, and their clothing choices, can change how a person thinks about another person, with or without their logical brain acknowledging it.”

  “You’re saying that people are going to judge whether I’m innocent or not based on how I sit?” Anna said, exasperated.

  “No.” Harvey shook his head. “I’m saying that how you appear throughout the trial will influence a person’s impression of you. The juror’s logical mind will make the decision. However, how you appear will give us a head start.”

  “This all sounds like useless talk to me. I thought you were a lawyer, not a hocus-pocus magician.”

  “I do what I need to do to win a case. If you walk into that courtroom looking guilty, then we might as well walk away now. We will have no chance to win if you don’t look innocent.”

  “What about the old saying of not judging a book by its cover?”

  “If I walked into a bookstore and none of the books had covers, how could I choose which book to read? Everyone makes judgments based on appearances, and we need to leverage that truth. We want the jury to think that you’re innocent. But most importantly—more important than your looks—you need to keep your temper in check. You cannot appear angry in that courtroom.”