The Witness

by Terry Lynn Thomas

  “It hasn’t changed for you,” Olivia said.

  “Not yet. But it will. I know that and am prepared for that eventuality. You’re a good writer, Liv, a good problem solver. You’re brilliant at coming up with masterful creative settlement options, and clients love you. You can go back in for one round of glory and then quit practicing on your own terms, not because you were arrested for a murder you didn’t commit. Here’s one more layer of unsolicited advice: before you make any grand decision about what to do with your life, you should get out of here. Take a vacation. It’s been years, Liv. Go someplace warm. Sit on the beach. Have a fruity drink with an umbrella. Heal your soul.”

  Olivia did a quick calculation. She and Richard hadn’t taken a vacation together in at least the last three years of their marriage, and she hadn’t been anywhere since their divorce.

  “I think I’ll go and see Denny.”

  “Brilliant idea,” Stephen said. “When you get back, you can make some decisions … or not. And take Brian with you.”

  Olivia shot Stephen a look.

  “What? You think it’s not obvious? You two are made for each other. You both know it. What are you waiting for? No one’s getting any younger.”

  Olivia smiled in spite of herself. Stephen was right, Olivia did need a break, needed to get away for a while. With any luck, some distance would give her some much-needed perspective.

  Chapter 29

  Seth Woodson

  Tuesday, January 13

  When Seth Woodson went back to his office after spending the morning in court, Blair, his paralegal, was at the reception desk, drinking a cup of coffee and chatting with the lady who answered the phone. He’d hired Blair because she was easy on the eyes – tall, nice boobs. When she’d interviewed for the job, she’d worn a skirt that showed off her long legs. After a few weeks of working for Seth, she’d caught him staring at her while she was bent over a stack of files.

  “Looking good,” Seth had said, pleased that he’d chosen this moderately intelligent but extremely attractive girl out of the dozen or so who had applied for the job.

  She stood up and wheeled around to face him, her cheeks flushed. “What did you say?”

  “I was just complimenting you,” he’d responded, not feeling the least bit guilty.

  Blair had never worn a dress after that incident. As the weeks went by, their relationship had become more and more strained. He’d asked her out for drinks a couple of times, but she had always flat-out refused. After her thirty-day probationary period was over, Blair had come into his office.

  “Can I talk to you?”

  “Of course,” he said.

  “I want you to stop sexually harassing me. If you don’t, I’m going to report you.”

  “What are you talking about?” he’d said.

  “Just stop,” Blair had said. “I don’t like ratting people out. But you’ve got to stop asking me out, stop staring at me. Do you understand?”

  Seth didn’t say anything.

  “Good,” Blair had said, before she stormed out.

  Since then, Seth had been looking for a reason to fire her. Unfortunately, he couldn’t just let her go at will. Procedures needed to be followed. And, as fate would have it, Blair’s work performance was excellent. Now, as he caught her gossiping when she should be working, he wondered if he could use this to his advantage.

  “Do you need me to find something for you to do?”

  Seth expected Blair to hurry back to her desk and pretend she was busy. Instead she smirked at him. “No,” she said, her tone curt. “Mrs. Kyleson wants to see you right away.”

  When Seth started toward Gwen Kyleson’s office, Blair said, “They’re in the conference room.” Seth switched direction, wondering who they were, realizing that Blair had fallen into step behind him. “I know the way, Blair,” he said over his shoulder.

  “Go to hell, Seth.”

  He came to a stop in front of the door that led to the conference room. “What did you say to me?”

  “You heard me.” Blair pushed past him, stepped into the conference room, and took the empty seat next to Gwen Kyleson.

  Seth’s stomach clenched as he walked in the room and saw Gwen Kyleson, and her devoted guard dog Cal Lonsdale, along with the lady whose name he couldn’t remember who was in charge of human resources. Wearing a smug look on her face, Blair took the empty seat next to Gwen. What the hell is this?

  “Ah, Seth,” Gwen said.

  “What’s going on?” He swallowed, his mouth suddenly dry.

  Gwen Kyleson didn’t meet Seth’s eyes as she spoke; instead she opted to keep her eyes on the papers in front of her.

  She’s weak. Whatever she’s trying to do to me, she’s just a woman. Weak, stupid. Inferior. When he met Cal’s eyes, Seth nearly recoiled at the cold, hard stare.

  “I’d like to talk to you about a conversation you had with Olivia Sinclair last Friday, after your motion to suppress hearing.” Gwen looked up and looked at Seth straight on. He had a flash of what it would be like to be on the opposite aisle of Gwen in court, and realized he might have made a fatal miscalculation in judging his boss’s intelligence. “Do you remember that altercation?”

  “I wouldn’t call it an altercation,” Seth said. “She wanted me to dismiss the case. I refused.”

  Gwen cocked her head for a moment before she rifled through the file and pulled out a stapled document. “You’re confident you have sufficient evidence for a conviction?”

  “Working on it,” Seth said. “I’ll have it before trial. I have confidence in this case, Gwen. We arrested the right guy. I’ll get a conviction.”

  “Okay. And have you been forthright with your discovery?”

  Seth caught Blair’s eye and tried to convey the message that he would deal with her later. She smiled at him.

  “What’s going on here? Why the interrogation?”

  Gwen turned the stapled document over and pushed it across the table to him. “Do you recognize this?”

  Oh, crap. Seth felt his face go flush with heat at the realization that he’d been caught out. He knew Gwen wouldn’t take any malfeasance regarding discovery lightly. One of his colleagues had been fired just a month ago for pulling a report that should have been provided to opposing counsel.

  “This is evidence that exonerates Mr. Engstrom. Why was it not given to Olivia Sinclair?”

  “But it was.” Seth turned his attention to Blair. “You screwed up and you’re blaming me? I told you to fax this over.”

  “You’re a liar,” Blair said. “You pulled it out of the documents I was photocopying to produce in discovery and you said you would fax it over yourself. The receptionist heard you. She was standing right there, you idiot.”

  “This is a misunderstanding,” Seth said. “Blair and I can sort this out.”

  “No, we can’t,” Blair said, her voice tight with anger. “I’m not your scapegoat, Seth.”

  “You seem to be missing my point,” Gwen said. “This report exonerates Mr. Engstrom without question. Have you read it?”

  “Of course I’ve read it. I read it before I had him arrested. The science from 1984 is dated, Gwen. I’m waiting to hear from another expert whose opinion contradicts the 1984 ME.”

  “Which science precisely is no longer applicable?” Gwen asked.

  Seth squirmed in his chair. The walls started to close in on him. White-hot fury at his bitch of a boss tightened in his stomach, as he fumbled for a cohesive answer.

  “Do you understand my question?” Gwen asked again.

  “Of course I understand your question. I’m not stupid,” Seth snapped.

  “Then explain your position.”

  “This is total bullshit,” Seth said. He stood and turned to go out of the room, only to discover Cal Lonsdale had stood up to block his way.

  “Sit down, Mr. Woodson,” Gwen said. She waited until he was seated. “Olivia Sinclair came to me.”

  “Oh, so she’s the reason we’r
e having this little conversation. She has no criminal experience, so she goes over my head because she doesn’t want to face me in court? This is unreal.”

  “So did you call her an old bitch, or a feminazi with an axe to grind? Did you tell her that you didn’t care if her client was innocent or guilty because you were coming for her?”

  “I most certainly did not say that. Surely you don’t believe her.”

  “Actually, I do. Olivia Sinclair has a stellar reputation. I know her as a woman of integrity and honor. And I assure you, she wouldn’t withhold discovery.”

  Seth shot Blair another dirty look, and was once again surprised that she didn’t react to it. He shook his head. “That figures.”

  “What figures?” Gwen asked.

  “Of course you women stick together,” Seth said. “I can’t win here. If you don’t like the way I’m handling the Engstrom case, I’ll dismiss it. Is that what you want? Fine.” Seth started to stand again. He had paid leave coming. He was going to call in sick tomorrow. Let someone else worry about his case load. Or he could even go to the doctor and ask to go on stress-related disability. His parents had a house in Squaw Valley. Maybe he’d just go the mountains and let all the losers he worked with cover his responsibilities.

  “I heard you,” Blair said.

  “What?” Seth asked, as a feel of doom washed over him.

  “I heard everything you said to Mrs. Sinclair. I was coming to have you sign some pleadings. I heard you call her an old bitch. Your words stopped me in my tracks. Geez, Seth. All she wanted to do was talk about the case. You were horrid to her.”

  Seth looked from Blair to Gwen, conscious all of a sudden, of what was coming.

  “You lying bitch,” Seth said.

  “I’m not lying—”

  “Enough,” Gwen said. “Blair, that will be all. Thank you.”

  Blair stood up, glared at Seth, and walked out of the room.

  Once she was gone, Gwen cleared her throat and fiddled with the folder on the table. When she looked at Seth, there was no mistaking the disgust in her voice. “Your services will no longer be required, Mr. Woodson,” Gwen said. “We’ll leave you with Mrs. Scofield, who will go over your exit pay and have you sign some papers.”

  “I’ll need to clear my desk. And hand off my files.”

  “Already taken care of. You’re no longer authorized to be near the employee-only area. Cal will have your belongings ready and help you to your car.” Gwen stood and so did Cal Lonsdale. Without a backward glance, the two of them stepped out of the room, leaving Seth alone with Mrs. Scofield.

  Ten minutes later, Seth Woodson stared straight ahead, his hands clenched in fists as he was not only escorted out of the DA’s office, but also escorted out of the Civic Center. Cal Lonsdale walked him all the way to his car and watched him drive away. By the time Seth was heading south on 101 toward Sausalito, where he lived in his parents’ basement, he was furious. There were no grounds to terminate him. He hadn’t done anything wrong. He’d lost his job thanks to Blair Davis, Gwen Kyleson, and Olivia Sinclair.

  Chapter 30

  Olivia

  Tuesday, January 13

  Ebby was waiting outside for Olivia when she returned to the office after her very enlightening lunch with Stephen Vine. He had a canvas tote under his arm and a smile on his face.

  “What’s in the bag?” Olivia asked as she unlocked the office door and stood aside, so Ebby could enter ahead of her. Once they were in, Olivia locked the door behind them and headed to her office.

  “I’ve been cooking pretty much non-stop since moving in with Felicity. I’ve made you a couple of things, namely a chicken curry and a large batch of chicken noodle soup.” Ebby set the bag down on Olivia’s desk.

  “Thanks, Ebby. That’s really thoughtful.”

  “To be honest, I think Felicity’s neighbors are tired of me knocking on their door with food.” He gave her a sheepish smile as he sat down across from her. “For all I know, they’re just throwing it away. How did it go today? What did Mrs. Kyleson say about the medical examiner’s report?”

  “She was stoic but receptive. Said she was going to look into the matter and get back to me about the best way to proceed. I made a strong case for dismissal and left her with the medical examiner’s report that was left out of the discovery we received from the DA. Worst-case scenario is that we ask for a dismissal at the preliminary hearing. We can call the medical examiner to testify.”

  “And if the case isn’t dismissed at the preliminary hearing?”

  “We go to trial. The evidence is incontrovertible, Ebby. There’s no way you could have killed your mother in 1984. You should never have been arrested. Remember, all we need is reasonable doubt. I’ve got way more than that.”

  Ebby sighed. “I know. I just want it over.”

  “I understand.” Olivia kicked off her shoes and stared at her client, noticing that the dark circles under his eyes had diminished and his color had come back. “You’re looking better. How are you feeling?”

  “Honestly, I’m feeling hopeful for the first time in ages. I had my first session with Dr. Jeffers yesterday. She’s going to help me.”

  “I am glad you like her. She’s very direct and utterly without pretense. I’ve used her on a fair share of custody cases. She’s one of the few expert witnesses I’ve known who turned down a job because they didn’t agree with my position. I respect that. She’s irreverent and unorthodox and I figured she’d be perfect for you.”

  “Have you spoken to Elodie?”

  “No,” Olivia said. “Why?”

  Ebby hesitated a second. “I recently discovered that Felicity is my half-sister. You’re not going to believe this, but my father and Allegra – our housekeeper – were very much in love. Felicity is their love child.”

  Olivia opened her mouth and shut it again – she didn’t quite know what to say.

  When Ebby said, “I’m actually very happy to have Felicity as a sister,” Olivia breathed a sigh of relief, then had another thought.

  “Have you and Felicity discussed the night of the murder?”

  “No,” Ebby said too quickly.

  He’s lying. Olivia knew it, and she wondered why. They were interrupted when the phone rang.

  “Olivia Sinclair.”

  “Mrs. Sinclair, Gwen Kyleson. I’ve just reviewed Edward Engstrom’s file, and I’m afraid I owe him an apology.”

  “Mrs. Kyleson, Mr. Engstrom is here with me now. May I put him on speaker?”

  “Please,” Mrs. Kyleson said. “Mr. Engstrom?”

  “I’m here,” Ebby said.

  “I’ve reviewed the medical examiner’s findings from the original file, and must concur that his findings were conclusive and accurate. There’s no way you could have killed your mother. As such, I’m going to see that your case is dismissed by the end of business today.”

  Ebby’s face broke into a huge grin as his eyes welled with tears, and he and Olivia gave each other a high five.

  “Mr. Engstrom?”

  “I’m here. Thank you so much, Mrs. Kyleson,” Ebby said.

  “Had Mr. Woodson done a more thorough investigation, you would never have been arrested.”

  “Thank you, ma’am,” Ebby said.

  “And, Mr. Engstrom, I should tell you that we’ll be taking a fresh look at your mother’s case. These cold cases are so difficult to close, especially after all this time. But I promise you I’ll put some fresh eyes on it and report back. Please accept my apologies with regard to this matter.”

  “Thank you,” Ebby said.

  “Mrs. Sinclair, I’ll send you an email confirming the dismissal of Ebby’s case within half an hour or so. Look for the dismissal to be filed first thing tomorrow morning. If the judge wants to see us in person, I’ll call you. And, Mrs. Sinclair, I’m glad you came to me. You did the right thing.”

  “Thank you,” Olivia said. She hung up the phone and faced Ebby, who looked as though the weight of the world
had been lifted from his shoulders. He exhaled as his expression became serious.

  “That was close, wasn’t it? I could have gone to trial, the jury could have not liked me or believed me, and I could have wound up in jail.”

  “But you didn’t,” Olivia said. “We had good evidence, Ebby.”

  “Still.”

  “How can I ever thank you, Olivia?” Ebby said.

  “Your chicken curry is all the gratitude I need. But I do have a question.”

  “Ask it,” Ebby said.”

  “Why do I get the feeling you’re holding something back with regard to Felicity?”

  Ebby sighed. “I am. And I’ll tell you this in confidence because you’re my attorney. Felicity saw something the night of the murder. Her mother made her promise never to tell a soul what she saw, a promise that was reiterated when Felicity’s mother lay dying. Felicity confided in me, and I swore that I would carry her secret. For now.”

  “She witnessed something that night?”

  Ebby nodded. “I think if it becomes necessary, Felicity will talk to the police. But I’m not going to push her.”

  “Your case is going to be dismissed, so I’ve held my side of the bargain. Could Felicity’s secret help you find the real killer?”

  “I don’t know,” Ebby said.

  ***

  Olivia arrived home just as the afternoon sun was slowly setting. It bathed her living room in long slivers of light that did little to dispel the chill. Now that Ebby’s case was complete, she was back where she started. As she changed into comfortable clothes, Olivia realized she had arrived at a fork in the road. Choices needed to be made. She’d successfully defended Ebby, which was evidence in her mind that she could still maneuver in the courtroom. But the situation with Ebby had just proved to Olivia that she really didn’t want to litigate cases anymore, having long grown tired of unethical shenanigans. But she did like to write and research, and she’d always had a soft spot for the clients who needed her help.