Murder & Billy Bailey

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Murder & Billy Bailey Page 2

by Jim Riley


  "Yes. No. I don't know. I never gave it much thought." Sweat poured off Billy forehead.

  "But you know that Miss Foster is on the squad? Is that right?"

  "I've already answered that," Billy’s voice raised in tone. "Why wouldn't I? She is probably the prettiest student in school."

  "Hmm," Kemp mused. "You think she is attractive? Is that what you said?"

  "Sure," Billy answered. "Wait. Not like that. I'm not a dirty old man. She is attractive, but not in the way you're insinuating."

  "I'm merely restating your words, Mr. Bailey. You are the one that said the young lady was pretty."

  "She—I—" Billy did not care for the direction of the conversation, particularly in front of his wife. "Is all this necessary?"

  "Sir, what we've been through so for is child's play compared to what the prosecutor will ask. It's better if I know how you will answer the questions before he asks them."

  "But you're twisting my words. You're making me sound like a pervert."

  The attorney looked at the sheaf of papers in his briefcase. "The prosecutors believe you are a pervert, Mr. Bailey. The alleged facts in this case assert that you are a pervert, Mr. Bailey."

  "What alleged facts?"

  "Miss Foster had informed the officers she accompanied you after practice in these film sessions, and you seduced her on several occasions." Kemp looked at the papers.

  "I what?" Bailey exploded, rattling the restraining chains.

  The guard opened the door to the small conference room. "Everything okay?"

  Kemp held up one hand. "Everything is fine, officer."

  The guard stepped back outside and shut the door.

  "Mr. Bailey, if I am to be of service to you, then you must remain calm. Theatrics will not help you or your case."

  Billy steamed. "But she is saying she and I had sex during the film sessions. That's preposterous. I mean, it's just crazy."

  "Does that mean that you never had sex with Miss Foster after practice?" Kemp asked.

  "Hell, no. Of course not. She's lying. I don't know why she's lying, but she's lying."

  "Can you prove that she is being untruthful?" The lawyer now studied Bailey’s face.

  "Sure. I mean, no. I can’t prove I was alone if I was by myself? But she's lying." Billy realized how much trouble he was in.

  He looked at Sara Sue.

  "You believe me, don't you? I need to know that you believe me."

  "Yes, I do, Honey. I wouldn't be here if I didn't believe you and believe in you."

  "Thank you."

  The coach appreciated his wife more in that moment than ever before in their marriage.

  He turned to Kemp. "How do we prove she is lying?"

  Kemp hesitated. "It will be difficult, I'm afraid. Just from a preliminary review, Miss Foster seems to be a popular student of impeccable character. Most people will tend to believe her, including a jury."

  "But she's lying. I don't know why, but she's not telling the truth."

  Kemp nodded. "And that is precisely the problem, Mr. Bailey. Why would she lie and offer false allegations? What does she have to gain with such accusations?"

  "She—She—" Billy hesitated. "I don't have any idea. Other than saying hello in the hallway when she passes, I've never spoken to the girl."

  "That's the other problem." Kemp stared at Bailey's face. "She is a girl. A minor. We will not have the same leeway in direct examination we would have with an older woman. There are certain boundaries that we cannot cross."

  Billy's heart sank. He could not imagine a worse situation than this.

  "What do we do? If we can’t call her a liar to her face, and tell the world she's a liar, what can we do?" His voice sounded that of a defeated man.

  "The first thing we can do is ask the judge for bail."

  "When will that happen?" Bailey asked.

  "If we're lucky, we'll get in front of him tomorrow morning. We’ll be able to present our side then. Do you have a passport?"

  "Yes," Billy answered. "Why?"

  "One condition of bail will be that you surrender your passport to the court. It does not want you to flee the country."

  Billy bared his head on his chest. "I'm not going anywhere. How much will bail be?"

  "Have you ever been in trouble before? Any other accusations like this, even as a juvenile?"

  "No. Never. Of course not. I'm not a pervert."

  Kemp held up a hand.

  "If you aren't telling the truth, the judge will know. It is better that I find out from you rather than finding out from him."

  "I told you. I've never been accused of anything close to this before."

  "Good." Kemp seemed lost in thought for a moment. "Based on my experience, you will get out on bail. That's the good news."

  "And the bad news?" Although Billy was not sure that he wanted to hear any more bad news for the day.

  “The bail will be set between a quarter of a million and a million dollars. Maybe a little higher, but not much.”

  Billy shook his head, his mind heavy. "It doesn't matter. I can't afford either of the amounts you mentioned. We’re wasting our time even going through the motions. I suggest we cancel the hearing."

  Kemp formed a weak smile. "The money has been guaranteed, Mr. Bailey. It is already pledged."

  Billy could not believe the words he thought he heard. He stared at the attorney, a puzzled look across his countenance.

  "Miss Dupre will pay for your bail."

  "But—" He looked at Sara Sue. "What is this all about? I don't even know the lady."

  Sara Sue wiped her tears.

  "I know her. If she told Mr. Kemp she will post the money, then I believe it will happen. At least, you'll be out of jail until the trial. We'll have that time together."

  Billy turned to the attorney. "How long before the trial?"

  Kemp hesitated. "It depends. At this point, I don't know what evidence they have. It may take some time to review the evidence and build a case to refute it."

  "Then get me out," Bailey blurted. "I will find out what is happening and why. I'll make that little liar tell the truth."

  "No. You can't do that. You can't go anywhere near the victim, the alleged victim. That will be a condition of your release. If you violate that order, you will land back in jail."

  "But we have to get her to tell the truth. I can't teach and coach with this hanging over my head. What will the students and players think?"

  "I can't control that," the attorney replied. "Neither can you. You won't be coaching or teaching until this matter is concluded."

  "I have to work. We have bills to pay. I'm not running from this. I will tell everyone that I am innocent." Bailey's face turned beet red.

  The attorney pulled another sheet from his briefcase. "I spoke briefly with the president of the Central school board. If you continue your work at school, there will be inevitable inadvertent meetings between you and the alleged victim. It's not that big of a campus."

  "You were talking about my future without consulting me? Is that legal?"

  "Very much so. I am your attorney, and I must act for your benefit. In this instance, I did that."

  Billy fumed. "And what did you and the president decide? That my career is over?"

  "You will be suspended with pay for the duration of the case, including any appeals should the jury returned an adverse verdict."

  "You mean a guilty verdict, don't you?"

  The lawyer nodded.

  "But I'm not guilty. Now I have to sit at home watching Gilligan reruns while that liar goes on with her life as though nothing has happened. That's not fair."

  "You can help your case by telling our investigator everything you know. Don't hold back anything, no matter how embarrassing it might be," Kemp advised.

  "I guess this Dupre lady is picking up the tab for the investigator." Disgust poured off of every word.

  Kemp chuckled. "In a way, yes. Miss Dupre is the investigator for this case
."

  4

  East Baton Rouge Parish Jail

  Billy watched the attorney pack all the papers back into his briefcase. Sara Sue dabbed at her eyes as Kemp escorted her from the room. Bailey could only twist his body and watch them disappear, the thick gray door slamming behind them.

  The burly guard entered, unshackled the coach, and led him back to the dim cell. Bailey almost broke down when the iron clanged together.

  "Hey, pervert," a man in the next cell call to him. Bailey glanced up to see a large Mexican man staring at him. The prisoner must've weighed well over three hundred pounds, probably closer to four hundred. Tattoos ran down both arms and around his neck. Billy guessed there were more under the orange and white jumpsuit.

  But a pair of them caught his attention. Beneath his left eye were two dark teardrops. Bailey did not know much about prisoners or prison life, but he knew that each of these tattoos signified a death at the hands of the prisoner.

  "What you looking at, pervert?" The man sneered.

  Bailey did not answer. He laid down on the steel bed and stared at the ceiling.

  "We got something for you, perv. They ain't gonna keep you by yourself forever."

  Bailey tried to focus on what he did not know. He could come up with no reason for a teenage girl to fabricate a story against him. What did she have to gain? Why was Niki Dupre doing all the things she was doing for him? He tried to recall ever meeting the detective, but John David a blank.

  "The guards, they ain't gonna protect you. They don't care what happens to perverts that do little girls. They ain't gonna say nothing. They ain't gonna report nothing."

  Billy's mind wandered. If this was how he was to be treated in the local jail, what would he be facing when he went to the state penitentiary in Angola? How long would he have to endure the torture? Should he end his life now?

  "Hey, perv. I'm Tyrone. But you can just call me Honey. I ain't had no white boy in a long time."

  Bailey tried to shut out the man's voice, but he was only a few feet away. Then another voice chimed in with the first. Much of the same that came out of the first man was echoed by the second. Then a third man joined the first two. Then Billy's mind became a blur, the voices becoming more and more faint until he could no longer hear them.

  5

  Louisiana State Courthouse

  "What are the charges against the defendant?" The judge asked the bailiff.

  "Six counts of rape against a minor, and two counts carnal knowledge of a minor, Sir."

  "Has the defendant been advised of the charges against him?" The judge asked.

  "Yes, Your Honor," Kemp spoke.

  Billy Bailey remained seated beside his attorney. Sara Sue sat in the first row of seats in the gallery. She was sitting next to a long–legged strawberry blonde who Billy had never seen before. He would have remembered. He thought she might be a television reporter given her photogenic face.

  Behind the district attorney sat almost twenty men and women. Billy recognized some of them from meetings he held with his students' parents. Others he did not recognize. It was clear, however, which side they supported. It was not his.

  "Is the defendant prepared to enter a plea?"

  "Yes, Your Honor," Kemp replied.

  "Does the defendant plead guilty or not guilty?"

  "Not guilty, Your Honor."

  A groan erupted from the crowd behind the district attorney. The bailiff glared at them.

  The judge hammered the gavel three times.

  "There will be no demonstrations from the members of the gallery. If anyone does not think I am serious, they will find themselves as a guest in the facilities adjacent to this courtroom for contempt."

  The prosecutor, a thin, middle–aged lady with premature graying hair and Durwin Kemp remained standing, undisturbed by the judge's reprimand.

  "Plea is accepted as not guilty. Does either party have any briefs or petitions to be submitted today?"

  "No, Your Honor," the lady replied.

  "None for the defense, Your Honor," Kemp said.

  "Bail recommendations?" The judge asked.

  "The state recommends that defendant be retained without bail due to the seriousness of the charges and the supporting evidence, Your Honor." The prosecutor cited without emotion.

  "The defendant has led an exemplary life, Sir. He has a wife and a home in this community. He is not a flight risk. Defense recommends a bail of one hundred thousand dollars."

  "Nice try, Mr. Kemp," the judge smiled.

  Billy’s heart sank. Sara Sue wailed behind him. When he turned at the sound, he saw the young lady put a comforting arm around his wife. Then the judge surprised him.

  "Bail will be set at eight hundred thousand dollars. Any objections?"

  "No, Your Honor."

  "None from the defense, Your Honor."

  6

  Baton Rouge

  Nineteen minutes later, Billy Bailey walked out of the parish jail into the waiting arms of his wife. The leggy blonde stood behind her.

  They hugged and kissed and hugged some more. Then, as if an afterthought, Sara Sue nodded toward the other lady.

  "This is Niki Dupre. She will be the investigator for Mr. Kemp."

  Billy extended his hand. "I'm glad to finally meet you, Miss Dupre. I saw you sitting with Sara Sue in the hearing, but I didn't make the connection. When she was telling me about you, I imagined someone older."

  Niki grinned. "Sorry to disappoint you."

  Billy blushed. "I didn't mean it like that. I'll be eternally grateful for what you have done for us. I don't know how to thank you."

  "Win the state championship when you get back on the sidelines. I'm a Central alum. Wildcat for life."

  "Geez. I haven't even thought about football since the deputies came into the room. I usually—"

  "I understand. And call me Niki. We have a lot of work to do and not much time to do it. I need to get with you as soon as possible."

  Billy hesitated. "I've got to go by my office to—I don't guess I have to go by there. I'm unemployed at the moment."

  "Technically, you're still employed, Billy. The school board put you on administrative leave with pay. One condition is you avoid going to school grounds or attending any meetings where any student might be present."

  "But I teach Sunday School at the church. We have a lot of Central students attending services."

  "I'm sorry. I know Brother Kevin. I'll call him and explain the situation. He can arrange for a substitute teacher until we get this cleared up."

  The private investigator made Billy feel more comfortable. Her ease and confidence were infectious.

  "I have to ask you a question, Niki," he said.

  "Don't worry about it. I'll be asking you a lot of questions."

  He cleared his throat. "All this you're doing for me. I mean, you're almost a million dollars in the hole. I am truly thankful. But I need to know why. Why are you helping us so much?"

  Niki laughed.

  "I'm not out all that money. Unless you go to Belize and hunt sand crabs. When you show up for trial, I'll get the money back."

  "I thought the court kept ten percent. At least that's what I had heard."

  "You're thinking of a bail bondsman. They'll put up your bail if you pay them ten percent. If you and Sara Sue went that route, you wouldn't get that money back."

  "But you're still out the money for the attorney. I don't understand why."

  “Why don't I treat you guys to a brunch at Frank's? It's only about fifteen minutes from here. I'll answer your questions then.”

  7

  Frank’s

  Sara Sue barely touched the sunny-side up eggs, bacon, ham, and buttermilk biscuits. Niki nibbled at the veggie omelet on her plate, but did not touch the stack of pancakes.

  Billy wolfed down a western omelet, two biscuits, and pancakes smothered in Maple syrup. When he looked forlornly at Sara Sue's plate, she shoved it to him.

  "Sorry," he ex
plained. "But what you hear about prison food, it's all true. I wasn't sure what it was they gave us last night when I saw it. After I tasted it, I thought of roadkill soaked in ammonia."

  Sara Sue laughed. "Maybe I could actually lose some weight on that diet. Nothing else seems to work."

  Niki reassured her. "You look great. Don't change a thing."

  Billy swallowed half a biscuit. "You said you would tell me why you're helping us so much."

  Niki hesitated. "Your wife is my friend. She is also a fine person. She doesn't deserve to go through something like this. She deserves justice."

  Sara Sue looked down, unable to maintain eye contact with her husband or the detective. Billy still maintained a confused look.

  "But you don't know me. Why are you assuming I'm innocent?"

  Niki looked straight in his eyes, her sky-blue orbs unwavering. "Because I know Sara Sue. She would not be married to you if you were that kind of man."

  Billy sat back in his chair. Sara Sue glanced up, and he whispered, “Thank you.”

  "Now," Niki said, "we need to talk about the case. We can do it here or go back to my office. We'll have more privacy there."

  Billy cut a sausage patty in half and engulfed it. When he finished, he addressed her question.

  "Let's do it here. I doubt if there is anyone left in Central who hasn't heard about my situation by now. I'm sure the rumor mill is rolling."

  "True. I'm glad you realize what you're up against. This won't be easy on either of you."

  Billy grabbed Sara Sue's hand. "I hate this is happening. But I did nothing to cause it. At least, thanks to you, I'm on the outside where I can help however I can."

  "The best way to help me is to answer every question I ask honestly and completely. My first question is whether you want to do this in front of Sara Sue or would you prefer to be alone. Remember, I need the whole truth."

  Billy straightened up. "I have nothing to hide. Let's do it."

  "Let's start with Flavia Foster."

 

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