Undetermined Death : A Legal Thriller (Ashley Montgomery Book 2)

by Laura Snider

  “Why not?”

  “Because…” It wasn’t much of an explanation, but Ashley assumed that it was all Katie could come up with.

  “I’ve never had a chance to make my own choices,” Rachel said. “Adults have always done that for me. They’ve done a pretty terrible job at it, too. This is my decision. Not anyone else’s. If I want to make myself a martyr, then I can. Whether you two like it or not. But my life is mine to do what I want with. For the first time, I am realizing that.”

  She’s right, Ashley thought. A sudden weight had landed on her shoulders, so heavy it was suffocating. Could she really allow this to happen? She supposed that she must. If not for any other reason than to let Rachel rule her own destiny.

  “Okay,” Ashley said, motioning to Kylie and Katie. “I will stop trying to change your mind. Your life is your own. I’ll see you at your plea hearing.”

  Never in Ashley’s life had she felt more dejected than she did in that moment. She followed Kylie out of the jail, trudging behind her without paying attention to her surroundings. There was nothing she could do to save her client. The thought filled her with hopelessness. This wasn’t how the criminal justice system was supposed to work. Her only hope was for Josh to find Isaac and bring him into custody.

  35

  Katie

  The day of Rachel’s plea hearing

  “Have you found him yet?” Katie said into her phone.

  She was at Ashley’s office, sitting in a rather uncomfortable chair. The room was a complete disaster, with stacks of documents all over the place. So many covered the floor that she had to hop over them like an odd game of hopscotch in order to get to her current seat.

  “No,” Josh said. He sounded as frustrated as Katie felt. “And I feel like we’ve tried everything. Still no Isaac Smithson. I’m afraid he might have skipped the state.”

  “Shit,” Katie hissed through her teeth.

  “What?” Ashley whispered. She was sitting at her beat-up executive desk, squeezing a stress ball in one hand, then tossing it to the other and squeezing again.

  Katie gave her the one moment signal, then pressed the speakerphone button. “Josh. Can you hear me?”

  “Yeah.”

  “I just put you on speakerphone. Ashley Montgomery is here with me.” Katie paused to allow time for the defense attorney and officer to exchange pleasantries, but neither said anything, so she continued. “What happens if Isaac has left the state?”

  Josh sighed heavily. “I’ll put out a BOLO for him. Hopefully, someone will recognize him. I don’t have a lot of hope it’ll happen today, though.”

  “It has to happen today,” Ashley said. “Rachel’s plea hearing is in one hour.”

  Katie leaned forward and rubbed her temples. It was maddening, the thought that an innocent person would go to prison for something she didn’t do. What made matters worse was that Rachel wasn’t just innocent, she was a victim.

  “Can’t you put it off?”

  “No,” Ashley growled. “She won’t agree to a continuance and I’m not going to force the issue. I lose credibility with Rachel every time I ask for more time. One hour. That’s all we’ve got.”

  “Fine. But I’m telling you now, we aren’t going to find him.”

  “You’ll have to try harder,” Ashley said. Then she leaned forward and clicked the button on Katie’s phone to hang up the call.

  “Hey,” Katie said, “that was rude.”

  “He doesn’t have time to talk to us. He’s got sixty”—she glanced at her watch—“no, fifty-four minutes to find Isaac. He needs to spend his time wisely.”

  Katie leaned back in her chair, groaning. “I wish I could be out there with him. I feel so useless sitting here twiddling my thumbs.”

  “Who says you can’t be out there?”

  Katie sat up and gave Ashley a hard look. “Chief Carmichael. When he fired me.”

  “Ha! You think the only people who can look for criminals wear a blue uniform?”

  Katie frowned. The answer was yes, but Ashley was making it clear that she believed the opposite.

  “What about bounty hunters and bondsmen?”

  “I’m neither of those. And bondsmen. Women can do that job, too.”

  “Bondspeople.”

  “Well, I don’t work for a bail bonds company and I’m not a bounty hunter, so…”

  “Private investigators also look for people.”

  “I guess that’s true,” Katie said with a sigh. “But I’m not one of those either.”

  “Do you want to be?”

  Katie sat forward. “What do you mean?”

  A smile spread across Ashley’s lips. “I recently came into some money. A friend of mine at the Des Moines Register raised some donations for my office. I’m going to use it to hire an investigator. I thought you would be a nice fit for the job.”

  Katie’s jaw dropped. Her? Working for the public defender’s office? She had once hated Ashley for representing defendants. Over the past year, her opinion had greatly changed, but was it enough to stomach investigations on the defense side?

  “Well?” Ashley’s expression was open, excited.

  “How much money are we talking?”

  “I’ll match the salary you had at the Brine PD. You won’t have to move, and you’ll get to see my smiling mug every day of the week.”

  “You don’t smile that much.”

  “Details,” Ashley said, waving a dismissive hand.

  “How long is the position funded?” Ashley had said that she had come into some money, but she didn’t say how much. If this was only a one-year position, she shouldn’t choose it over the position in Waukee. It wouldn’t be responsible.

  “I have enough to pay you for two years.”

  Katie opened her mouth to respond, but Ashley cut her off.

  “And I have something set up for you after that. But for those details, I’ll refer to my good friend Forest Parker.”

  “Forest Parker?” Katie said with disgust. “I don’t want anything to do with him.”

  “Just give him a chance to explain.” Ashley picked up the receiver on her desk phone and pressed a button. “Yes, Elena, will you send Forest back?”

  Katie stood, ready to leave the office, but then she realized there was only one way out. If she left now, she’d have to pass Forest. She was trapped. Checkmate, Katie thought as she glared at Ashley.

  A moment later, Forest was in the doorway. There was another open chair, but because of all the stacks of documents, Forest wouldn’t be able to reach it without Katie moving first. She didn’t.

  “Hello, Ashley.” He paused, then nodded at Katie. “Katie.”

  “Let’s cut to the chase,” Ashley said, glancing at her watch again. “I don’t have much time before Rachel’s plea hearing. And, quite frankly, you have about five minutes to explain yourself before Katie here loses her patience.”

  “Right,” Forest said, swallowing hard. Katie had never seen him so nervous. “Remember when you told me that I needed a plan if I was going to start dismantling the police department?”

  Katie snorted. “I don’t remember saying it so nicely, but yeah. I do believe I told you something along those lines.”

  “Well, I’ve had a plan all along. That’s actually how I finally got the rest of the council on board.”

  “And that plan is…” Katie wasn’t amused. His actions had destroyed the career she’d spent years building. It would really have to be one hell of a plan to convince Katie to forgive him.

  “I want to create a mental health response team to join the police department on their calls. I’ve spent many hours discussing cases with Ashley here, and I think everyone could benefit if a trained mental health officer was present at the time of an arrest. To deescalate the tension and to keep the peace using a tactic other than brute force.”

  Yeah, Forest was right, almost every crime had some form of mental health component. Most people didn’t commit crimes because they wer
e evil—the exception being Isaac Smithson—they often were suffering from substance abuse and mental health issues.

  “I have applied for and received a grant from the federal government to start working on forming the new team,” Forest continued. Then he looked up, meeting Katie’s gaze. “And I’d like you to lead it.”

  “Me?” Katie looked from Forest to Ashley. “But I don’t have a degree in mental health.”

  “That’s why you would work for me for two years,” Ashley cut in. “Investigation work is flexible hours. It should give you the time to take some courses.”

  “And the grant will fund the classes, of course,” Forest said.

  “Let me get this straight,” Katie said, turning all the way around so she was facing Forest. “You cut the police department’s budget, forcing them to fire me so that you could offer me a different job?”

  “A better job,” Forest said, smiling. “Also, we really do need to start saving some funds to allocate to the new team. It’s going to be completely separate from the police department, so you will need all your own equipment and an office. But that’s all logistical. We can figure it out later.”

  “What do you say?” Ashley said, her eyes sparkling.

  “I say I’ll think about it.” Katie’s eyes darted toward the clock mounted on the wall. It was 9:30. Rachel’s plea hearing was in thirty minutes. “But shouldn’t we be getting over to the courthouse?”

  “Shit.” Ashley looked at her watch and jumped up. “You’re right. We’ve got to go, Forest. We’ll circle back to this later.” She began shoving items into her computer bag. A laptop. Several pens. A notepad. A large file folder that read Smithson, Rachel on the tab.

  Katie picked up her phone and stared at it, willing it to do something. Ping with a message, buzz with a call, but the screen remained dark. Josh hadn’t found Isaac yet, and they were nearly out of time.

  36

  Ashley

  The courtroom was stuffy, full of anxious onlookers. There were no empty spots in the gallery and the hallway had been packed with people. Everyone wanted the chance to set eyes on Rachel. To bear witness to her confession. A lie, but they didn’t know that. They believed she was a killer. Someone undeserving of sympathy.

  The trek from the jail to the courthouse had been horrible. It was like what Ashley imagined it felt like to walk the Green Mile. Dead man walking. Or woman, in this case. The death penalty was not an option in Iowa, but the phrase applied in an abstract, theoretical fashion. Ashley had spent months proving to Rachel that she would not betray her. But today, she would, and it would lead to the death of the trust they had built between them. A tenuous bridge that was sturdy, up until today.

  For Ashley could not allow Rachel to plead guilty. It was completely against everything she stood for. Ashley had one last trick up her sleeve. A final delay tactic. She couldn’t prevent Rachel from pleading, but she could withdraw as Rachel’s counsel. As an attorney, she was an officer of the court. One of the cannons of legal ethics was to never allow a witness to testify falsely. To enter a guilty plea, Rachel would have to form a factual basis, meaning she would have to tell the judge that she murdered her child. Ashley knew with absolute certainty that Rachel did not kill her baby.

  Since Ashley couldn’t prevent the guilty plea or control her client’s statements, the rules of ethics only allowed one option. Withdrawal. It wouldn’t stop Rachel, but it would buy some time. Judge Ahrenson would have to stop the hearing and appoint new counsel. The new attorney would require weeks to get up to speed on the case in order to properly advise Rachel about her plea. It wasn’t a perfect solution, but it would buy law enforcement some time to find Isaac.

  Ashley looked at her client and Rachel met her gaze. The girl’s eyes were no longer dull and lifeless. They sparkled. She smiled, the gesture lighting up her entire face, and patted Ashley on the hand.

  “Don’t look so sad,” Rachel whispered. “I know what I’m doing.”

  The words cut Ashley deep. Rachel had no idea that Ashley intended to deceive her. They’d been strangers a few months ago. Rachel a tiny shell of a woman, closed off from the world. But now, after time in warmth and safety, she was a whole new person. Ashley’s actions would soon destroy that progress.

  “All rise,” the bailiff shouted.

  Everyone in the courtroom rose. Ashley took the opportunity to scan the room. Charles Hanson, wearing his typical smug expression, was at the prosecution table. One of his assistant county attorneys stood next to him, wringing his hands nervously. Katie stood directly behind Ashley. She, too, looked nervous, but for a wholly different reason. Ashley made eye contact with her, begging for some good news. Katie’s frown deepened and she slowly shook her head. No sign of Isaac, then.

  “You may be seated,” Judge Ahrenson said as he took his seat at the bench.

  Ashley’s heart sank.

  “We are convened today in State of Iowa vs. Rachel Smithson, Brine County Case Number FECR015987. Today’s hearing has been scheduled after motion made by defendant’s counsel for a plea hearing. Is everyone ready to proceed?” Judge Ahrenson paused, his eyes settling on Charles Hanson.

  “Yes, Your Honor,” Charles said.

  The judge’s cold gray eyes shifted to Ashley.

  Ashley swallowed hard. She opened her mouth to speak, but no words followed.

  “Ms. Montgomery?”

  “I…” Her throat was dry, scratchy.

  Rachel placed a hand over Ashley’s. “You can do this.”

  Oh, how times had changed. It was Ashley who now needed Rachel’s support. It was too bad that she was about to burn that bridge to the ground.

  “Ms. Montgomery,” Judge Ahrenson said. “Are you ready to proceed?”

  Ashley cleared her throat. “Yes, Your Honor.” Her voice was raspy and quiet, completely lacking its typical booming confidence.

  “Very well then. I see no amendments on file. Or plea agreements. Am I right to assume that Ms. Smithson will be pleading as charged?”

  “Yes, Your Honor,” Charles Hanson said. “She will be pleading to both counts. Murder in the first degree and child endangerment causing death.”

  “Is that so?” Judge Ahrenson narrowed his eyes, meeting Ashley’s gaze.

  Ashley had been working with this same judge for the better part of ten years. He knew something was up. She had never willingly pled a client to a life sentence. Nor had she ever pled something without the promise of a lighter sentence.

  “Um, yes. But first, before we get into the merits of the plea, I have one issue that I’d like to raise.”

  Ashley could feel Rachel stiffening beside her. This was not in the plea hearing script they had discussed. Ashley hoped against hope that Rachel would forgive her for what she was about to do.

  “Go ahead,” Judge Ahrenson said. “You have the floor.”

  Ashley struggled to her feet. “I, um.”

  There was a buzzing noise behind her, followed by a gasp.

  “Yes?” Judge Ahrenson said.

  “I need to…”

  “Stop!” Katie’s distinctive voice rang out in the silence of the chamber.

  Ashley swung around to see Katie holding up her phone. It was open to text messaging, but Katie was too far away for Ashley to read it.

  Judge Ahrenson’s gaze grew stormy as it shifted toward Katie. “What is this outburst all about, Ms. Mickey?”

  Katie ignored the judge, speaking only to Ashley and Rachel. “They got him!”

  “They got him? Meaning Isaac?”

  “Yes!” Happy tears streamed down Katie’s face.

  Ashley swung around. “Your Honor.” All confidence had returned to her voice. “The defense would like to withdraw its motion. Rachel will no longer be pleading guilty.”

  There was a gasp from the prosecution table.

  “Very well,” Judge Ahrenson said. “The court is now in recess.”

  It was over. Isaac was in jail. They had won. Rachel would finall
y be free.

  Ashley stood and pulled Rachel to her feet. She hugged her tightly, pulling her so close that she could feel the younger woman’s heartbeat. Rachel’s wrists were still in chains, so she couldn’t return the gesture, but neither seemed to care.

  Tears spilled down Rachel’s cheeks, and Ashley’s collar grew wet as Rachel tucked her face into Ashley’s shoulder and began sobbing. Cameras clicked all around them, but Ashley paid them no attention. She looked up at the gallery of onlookers. They all wore similarly confused expressions. Nobody knew about Isaac and the baby. Not even Tom, who was seated near the back of the courtroom.

  Ashley’s heart leapt at the sight of him. He had come to support her. It didn’t even begin to make up for his mistakes, but it was a start. She wondered if, like Rachel, she too could have a future.

  Epilogue

  Rachel

  Six months later

  Winter melted into spring and spring shifted into summer. Rachel wasn’t carefree—she probably never would be after the trauma she had suffered—but every day she grew a little lighter. Therapy was helping, but it was a slow, arduous process. She would never be normal, she knew that with absolute certainty, but what was normal anyway?

  The sun shone on Rachel’s face as she made her way down Central Avenue, toward Ashley’s office, with a bundle of flowers purchased at the small downtown farmers’ market. They were bright with color—vibrant pinks, yellows, and greens—and left a fragrant trail behind her. Rachel had never felt so untethered. She didn’t know it was possible.

  It was Saturday, but the door to the public defender’s office was unlocked. A bell jingled as Rachel stepped inside. It wasn’t dark inside, but only half the lights were on. People were here, but they weren’t doing business. Nobody was at the receptionist’s desk. Elena had the day off.

  “Hello?” Rachel called. “Is anybody home?”