Charlie finally asked the question Decky had been mulling about in her brain. How did Molly know the DA so well? It appeared to be more than a professional arrangement.
Molly grinned, “I played on a traveling team with his daughter for years. He’s a really nice guy.”
The rest of the evening was spent talking about the house, Charlie living in Louisiana and growing up in Oklahoma. They even told Molly the eel story. They turned in from the full day and all went to sleep soundly. Decky and Charlie felt better than they had in a long time about the situation in which they found themselves. Still, Decky said a little prayer before she drifted off to sleep.
Chapter Fourteen
Molly left the next day. She would return Monday before the hearing. In the meantime, Decky and Charlie worked on getting better, getting healthy, and getting to know each other. Molly had told them to lie low, so they did. Sunday marked their three-week anniversary, which Decky remembered with a necklace holding a small, silver dolphin charm for Charlie. Brenda had gotten it at the Cotton Gin after Decky described what she wanted.
When Molly returned on Monday, Decky and Charlie picked her up, at the Maple airport, on the way back from having Charlie’s stitches removed. It made Charlie’s wounds look red and raw in places. Molly spent the time between her arrival and the court date prepping Decky and Charlie, along with all the other witnesses she intended to call. Decky saw the list. It contained a few names from the party, in addition to the names Decky expected to see, and a few she did not know. God, I hope it doesn’t go that far, it’s bad enough already, Decky thought.
Brenda came by Tuesday night, bringing a fresh strawberry pie. Chip had been busy. They ate the pie while Brenda repeated all the gossip she had picked up at the grocery store and the market.
“You won’t believe it girls. The lesbians are on page two of the scandal sheet. It seems that a very famous actress has been seen arriving and departing from the Maple airport. Jodie Foster is in town scouting locations.”
The women shared a laugh.
Charlie added, “I wish I was Jodie Foster. She keeps her private life locked up tighter than a tick.”
Decky noted that since Molly had come, they all spoke in more pronounced southern accents. It was fun to listen to. The sweet southern drawl rolled off their tongues like songs. It was a live version of the Ya Ya Sisterhood. They laughed and talked into the night. When they went to bed, Decky and Charlie made love for the first time since the incident. It was soft, tender, and much needed. It freed tensions that so needed to be released. They slept soundly all night with Decky spooned in Charlie’s arms. Tomorrow was indeed another day.
#
When the clerk came in and spoke with the bailiff, he called for quiet in the packed courtroom. It was the largest courtroom in the new courthouse. The historic jail and courthouse, just down the road, had been turned into offices and a museum. Even so, the room was overflowing into the hall. The bailiff asked for quiet again.
“Please stand, this special hearing is now in session, the Honorable Judge Richard Barker presiding.”
The judge took his seat, the Bailiff asked everyone to be seated and the judge banged the court into session. Decky peered around the courtroom. There were a lot of gray area people, most she knew, some she didn’t. The contingent present for Charlie and Decky included Chip, sweet old Mr. Fowler, and the young men that moved Charlie into the cottage, having also recently removed some graffiti with pleasure. The twins, Brenda, and anyone else expected to testify were being held out in the hallway.
Darlene and Brandi sat with Mother Margie and a few women from the team. The other people sitting squarely on Charlie and Decky’s side were the lesbians of the community that were out and proud of it. Two of their own were in trouble and they had rallied. Some were dressed nicely and had tried to show their “normal” side. Others came in full, “kiss my ass if you don’t like it,” lesbian attire. Decky wasn’t sure whether to laugh or cry. Instead, she just smiled at the nodding heads behind them and turned her attention to the judge who was now ready to proceed.
Molly stood up when the judge addressed her. They handled some court business while Decky thought how absolutely hot Molly was in that seven or eight thousand dollar Chanel suit. She could only imagine what the boys in the gallery were thinking. More than one person had said, “Look, Jodie Foster is their lawyer.” Discussion had gone on in the gallery as to whether or not Ms. Foster had a real law degree; after all, she did go to Yale. Decky and Charlie had listened in on some of the conversations and giggled until Molly told them to stop. It wasn’t hard to hear in this room. The acoustics made even whispers audible.
On the other side of the courtroom sat the assistant district attorney, who had pushed for this proceeding, and the Bagley family. Decky recognized them from photos of the funeral that had appeared in the paper. With them were several men dressed in lawyer attire. No question these guys were here to protect the money. The rest of the courtroom filled out with onlookers.
The judge was no surprise. Brenda’s contact had let them know the minute the decision was official down at the courthouse. Decky knew him. Everybody did. He was a fixture at the local schools. He supported athletics as well as Fine Arts events. He was known for his generosity to needy college students and others, outside the courtroom. Inside the courtroom and in the judicial community, he was known as “the hanging judge.” Decky hoped he had fond memories of her.
The prosecutor led off with an opening statement outlining the events of the evening in question, as he interpreted them. The question at hand was not whether Jim Bagley had been killed, but rather whether or not a cover up had taken place. Also, in question was the motive for the murder that had been disguised to suggest the victim was at fault, as alleged by the deceased family. Did Decky, Charlie and R.C. stage a very different scene than had really happened? The prosecutor would present the evidence, the defense would rebut, and the judge would rule.
Molly began, “Your honor, the defendants in this case are in fact the victims of a horrific crime committed by a man, who was shot and killed in order to save the very lives of these women. What we have here is undue influence on the prosecutor from the family of the deceased and a rumor mill run amuck. The prosecutor admitted as much in his opening remarks. It’s that simple. We will prove the defendants’ innocence beyond a shadow of a doubt, not because we have to prove blamelessness, but because these women and this father deserve the truth to come out. Thank you.”
Decky and Charlie exchanged looks. Molly was as hot as her suit. She had the room in the palm of her hand, at least for now.
The first part of the morning was taken up by the medical examiner reviewing, not only Jim Bagley’s wounds, but those of Decky and Charlie as well. At least, everybody now knew that they had the shit kicked out of them. Those that didn’t know Jim Bagley learned just how big he was; six foot three inches tall and weighed two hundred and fifty pounds. The M.E. also established a time of death in a range that would allow the shooting to have happened much sooner than Decky or the others had reported.
Next, a parade of law enforcement personnel began. The officers recounted everything they saw and heard that night. They identified evidence collected and entered it into the record. Pictures taken at the scene and at the hospital were also added. Copies were handed to the judge and the defense table. Decky blushed uncontrollably. Just as she suspected, she had gone to school with the deputies that took the pictures.
Then Decky blushed with anger when she saw the pictures of Charlie. She wanted to cry, but these were tears of anger. Decky thought about standing up and shouting at the family, “See what your precious son did to her.” Charlie must have read her mind and took the pictures away. Molly did not object to any of the testimony. She did ask the M.E., if it were possible that the shooting happened when the defendants said it did. He had answered that yes, it was possible.
The most damning piece of evidence was a total shock to Decky
. Her gun had not been loaded. It had an empty clip inside. Decky remembered sliding the empty clip in the gun the last time Zack had a lot of friends at the house. She never wanted a kid to find her gun, not to mention her loaded gun. She must have forgotten to put the full clip back in. When she flew out of her house that night, Decky had not stopped to look.
The twins were called in succession just before lunch. The prosecutor attempted to get each teen to indicate R.C. had not been asleep, but had actually been waiting for them. He even brought up the fact that they had used their mother’s car without permission at Decky’s request. In fact, they were employees of Ms. Bradshaw and would say anything to keep the money flowing. When it was her turn, Molly asked the boys just one question. Are you telling the truth? They both answered with an emphatic, “Yes!” This judge knew when a boy was lying. Molly knew it too.
Lunch was a quick step over to the ancient grocery store across from the old courthouse. The problem was all the other people were doing the same thing. R.C. went in and brought out a box of drinks and snacks. No one really had an appetite. Decky ate only to keep her sugar levels up. In times of stress, her sugar sometimes bottomed out and she became either out of it or obnoxious, no in-between.
People openly discussed the case around them on the lawn of the old courthouse. Going over the evidence among themselves, but loud enough to be heard. Molly talked on her cell phone most of lunch. Decky did not have a chance to ask her how she thought it was going. They ate and returned to the courthouse with nothing better to do.
Upon returning, Decky was startled to see both her mother and Lynne Harper waiting with the prospective witnesses. Molly led them to the other end of the hall.
“That is an old prosecutorial trick. Let you see what’s coming. Get you off guard. Do not worry about their testimony. I will handle it. You two stay cool, and R.C. just keep looking handsome down there.”
Molly was in control or so she thought, Decky said to herself. Lizzie was impossible to read and, judging by the look that she was giving Decky, Lynne was bearing a huge grudge displayed prominently on her shoulder. Brenda was also in the witness area, boring holes in the back of Lynne’s head with her eyes. Decky recognized Brenda’s attempt to give Lynne the evil eye. She found it amusing and pointed it out to Charlie. Their laughter caused everyone to look at them. Thank God, Molly came to get them to go back in.
Mr. Fowler stopped Decky and hugged her. He whispered, “Jack sends his best. He says you are a brave woman. I tend to agree.”
Decky could only say thank you before she had to rush to her seat. Lynne was the first witness called. Molly objected, but the prosecutor said it went to the motive and state of mind of one of the defendants, namely Decky. Lynne recounted her memory of the party, the break up and the punch. Her memory was a bit skewed. Decky took all of her energy not to ball up her fist. She had never known it to be so stressful to try to relax. Her future rested on Molly’s ability to tear this bitch apart.
Molly began the annihilation with the first question, “Where were you on the night in question?”
Lynne replied, “In Monroe, Louisiana.”
Molly followed the answer with a quick, “I have no further questions your honor.”
Decky was shocked when Molly dismissed Lynne. What happened to, “I’ve dealt with her kind before.” Decky searched Molly’s eyes as she returned to the table. Molly winked at her. She actually winked. Decky was sure others saw it. What could she mean? She hadn’t asked Lynne what she had said to make Decky hit her. She hadn’t proven Lynne was the piece of work she really was. All these people saw was the poor Angelina Jolie look alike, who was attacked, unprovoked. Charlie whispered to her, “Be still.”
Brenda was next. The prosecutor had her tell all about the party, the night at the restaurant and her relationship with Charlie, starting in college. Brenda was on her best behavior. She answered his questions with thoughtful consideration, speaking in her most educated sounding voice. It was a little odd to see Brenda so subdued and proper, but it was not to be. Alas, the old Brenda reared her ugly head. She had just instructed the Prosecutor, “Please, call me Brenda.”
“Brenda, is it true that you left your husband and home to care for and live with the two female defendants, when they were released from the hospital?”
Brenda answered sweetly, proud of her nursing the two back to health, “Yes, I stayed with them night and day for several days.”
“Are you involved in anything or have you been involved in anything of a sexual nature with these defendants?”
Molly objected, but Brenda begged to answer. She lowered her eyes on the prosecutor and said, so everyone could hear clearly, “If you are asking me if I am a lesbian, I remind you that I happen to be married to that blond hunk there on the first row. However, if I was not married and I chose to love a woman, then I could not think of any two women I would be more proud to have love me back. Is that what you wanted to know?”
Decky was so proud of Brenda, she wanted to clap. A few of the lesbians in the gallery did, but were quickly silenced by a sharp knock of the gavel. The prosecutor decided to leave Brenda alone after that. Molly rose and Brenda smiled at her.
“Brenda, may I call you Brenda.” Molly was so professional
Brenda replied with glee, “Of, course honey, we’re old friends.”
Now Decky wanted to strangle Brenda. Just answer the damn questions and only the questions. How many times had Molly said that to all of them?
“Brenda, you testified earlier that you, your husband, and a few other friends, including Ms. Warren, had dinner at a restaurant and bar, in town, on the night in question Did you at any time see Ms. Warren speak with the deceased, other than when he was introduced at your table?”
“No, Charlie never talked to him after that, or before that for that matter.”
Molly went for the point she was trying to make. “How do you know Ms. Warren never spoke to the deceased in private?”
Brenda realized the point Molly was trying to make, “Because I was with her from early afternoon, just after she got out of class until she left to go home from the restaurant. I even went to the potty with her. She didn’t know where it was.”
Molly saw a chance for Brenda to shine, “And what did you do all afternoon?”
Brenda didn’t miss a beat, “What all girls do with time on their hands and credit cards in their pockets, we went shopping.”
Even the judge laughed. Brenda was dismissed and blew kisses to Decky, Charlie and R. C., as she passed them. Since she had now testified, Brenda slipped into the row with Chip, making everyone squeeze in.
The next witness was Tommy Mercer. Tommy had tried to clean up for the hearing. He had shaved and cut his hair, but the suit he was wearing was purchased several cases of beer ago. His stomach protruded through his jacket, straining against his shirt buttons. The shirt did not fasten at the neck. His tie was the only thing holding the collar closed, and not very well.
Tommy gave his version of events on the boat the afternoon he and his friends had found them rubbing lotion on each other, half-naked. He had only offered to help rub the lotion on them. This drew a giggle from the crowd, which the hanging judge found offensive, proven by the tone of his gavel and the scowl on his face.
Tommy happily relayed how his friend Jim had only tried to introduce himself when the foul-mouthed little one had called them assholes and Decky sped away in her boat. Nothing else was said on the boat and they just had some more beer and went swimming in the channel.
Now it was Molly’s turn. This time she approached the small lectern and asked permission to move it closer to the witness. She positioned it where the gallery could see her profile, in front of the judge’s bench. She carried a yellow legal pad full of notes with her.
“The deceased was a friend of yours. In fact, wasn’t it you that introduced him to the other men in the boat?”
“Yes, Jim was a friend of mine. I did show him around a bit, beca
use he had just moved here.”
“How long have you known the deceased?”
Tommy had to think. “Roughly fifteen years, or there abouts. We met doing community service.”
Molly took the chance the prosecutor was asleep. Jim Bagley’s criminal past had not been introduced into evidence.
“Are you aware of the past sexual assault charges that were levied against your friend, you admit to knowing roughly fifteen years?”
“Objection!” shot from the prosecutors mouth so quickly, he almost choked. The attorneys approached the bench. After several tense moments, the attorneys returned to their original places.
The judge addressed the court. “It is the court’s decision that the witness may answer. Since the character of the defendants has been brought into question, the decedent’s character may also be examined. Mr. Mercer you will answer the question.”
Tommy looked like a man alone on an island. He searched the Bagley family and the bank of lawyers in front of him for what to say.
Out on the Sound Page 28
