“Have you tried to further your education?”
“Yes. I have a GED and I’ve taken classes at community college.”
“When did you move to Portland?”
“About eight months ago.”
“Have you been working since you moved here?”
“Yes.”
“What were you doing?”
“I was working at People’s Coffee House as a barista.”
“Did you like your job?”
“Yeah. It was a good job. Judy—she’s the owner—was very nice to me and the other workers were very friendly.”
“Are you still working at People’s Coffee House?”
“No.”
“Why did you stop?”
“I tried to go back. Judy wanted me to. But I just couldn’t. Whenever I went to my car…” Meredith shook her head. “Being there made me think about what happened to me.”
“Besides paying for your rent and food was there another reason you were working?”
“Yes. I want to go to Portland Community College to study nursing and I needed to get money for tuition.”
“How was that working out?”
“Okay. I didn’t make that much, but I was putting money away. And I’d been checking into loans.”
Robin leaned over and whispered to Regina. “This is all irrelevant. He’s trying to make her look sympathetic. Shouldn’t you object?”
“If I did, I’d look like an ogre and she’d just look more sympathetic,” Regina whispered back. “You don’t object unless you have to. Fenner isn’t lying and there’s very little I can cross her on, so the best policy is to get her off the stand as quickly as possible.”
“Can you please tell the jury what happened to you after work on the day you were kidnapped?” Bergland asked.
“I helped clean up after we closed.”
“Was it late?”
“Yes. We close around nine.”
“Was it dark out?”
Meredith nodded.
“You have to speak your answer, Miss Fenner, so the court reporter can get it down and the jurors can be certain of what you’re saying,” the judge instructed Meredith in a kind voice.
“Sorry. Yes, it was dark.”
“What did you do after you left the shop?” the prosecutor asked.
“I walked out back to my car. Employees have a place to park behind the shop.”
“Please tell the jury what happened in the parking lot.”
Meredith licked her lips and looked at Harry. Robin saw him flash a smile to reassure her.
“There was a man. He … he grabbed me and … He pressed a cloth on my face. Then I don’t know what happened.”
“What is the next thing you do remember?”
Meredith swallowed. It looked like she was fighting back tears.
“Would you like some water?” Bergland asked.
Meredith nodded and the bailiff brought her a glass. After she sipped some water, Meredith took a deep breath and looked at the jury.
“I was in the trunk of a car. I was woozy from what he gave me. My hands were tied behind me and my ankles were tied. The car was bouncing. Later I saw the driveway. It was a dirt road.”
“What happened when the car stopped?”
“The man opened the trunk and pressed the cloth to my face again and I blacked out.”
“You’re certain it was a man?”
“Yes.”
“Could you see the man’s face?”
“No, I never saw it. He always wore a ski mask and gloves and he had bulky clothes.”
“Okay. What’s the next thing you remember?” Bergland asked.
Meredith’s shoulders hunched and she looked back at her lap. She sipped some water and it looked like she was stalling to gather her strength.
“He … he tortured me,” she managed to say in a voice so soft that the judge had to ask her to repeat her answer.
“Where were you?” Bergland asked.
Meredith described the room where she’d been held.
“Did you still have your clothes on?”
“Just … just my … my underpants and my blouse, but he’d unbuttoned it.”
“What did the man do to you, Meredith?” Bergland asked.
In a halting voice, Meredith told how she had been tortured. She had to stop several times. When the judge asked if she wanted a recess, Meredith shook her head and said that she just wanted to get her testimony over with. When she told the jury about wetting herself, some of the jurors teared up and others flushed with anger.
Robin was trying to be objective and unemotional during Meredith’s testimony, but it was a losing battle. She couldn’t help feeling drawn to the witness, and one look at the jurors’ faces told Robin that Meredith tale of terror was affecting them in the same way.
Bergland elicited the fact that Meredith’s kidnapper had a New York accent and she could tell he was white when he took off one of his gloves to masturbate. After Meredith described her escape and told the jurors how she had identified the cabin, Bergland ended his direct examination and the judge called a recess.
* * *
When court resumed, Regina rose and walked to the witness box.
“Good afternoon, Miss Fenner.”
Meredith looked frightened and didn’t respond.
“I’m going to ask you some questions and I want to make sure you understand them. I don’t want to trick you. If you don’t understand my question, please ask me to rephrase it. Okay?”
“Yes.”
“Now, I can see how trying this has been for you, so don’t be afraid to ask for a recess or for a chance to drink some water if the stress gets to be too much. Okay?”
“Yes.”
Regina gave Meredith a warm smile. “Good. Did your captor always wear bulky clothes and a ski mask?”
“Yes.”
“And you never saw his face.”
“No.”
“The best you can say is that he’s a white man and he had an accent that is similar to the accent of some of the New Yorkers you met in Florida.”
“Yes.”
“Have you had a lot of contact with people from Connecticut or New Jersey or Vermont?”
“No.”
“So you can’t be one hundred percent positive that the accent wasn’t from some other area of the East Coast?”
“I…” Meredith shook her head. “No.”
“Could it have been foreign?”
“I don’t think so.”
“But you can’t be certain?”
“No.”
“So all you can say about your captor is that he could have been from New York but could have been from some other area of the country or even a foreign country?”
“Yes, but…” She looked up at the judge. “I don’t know if I can say this, Your Honor.”
“When Miss Barrister is questioning you, you can only answer her questions.”
“But this is about identifying the man who took me.”
Judge Herrera frowned. Then she turned to the jurors.
“Let’s take a short break,” she told them.
As soon as the jurors were out of the room, the judge turned to Meredith.
“Okay, Miss Fenner. What is it you wanted to say?”
“There was one other thing I just remembered. His hand.”
Robin had a sick feeling in her stomach.
“I haven’t asked about the kidnapper’s hand,” Regina said.
Kyle Bergland leapt to his feet. “Miss Barrister asked for ways in which Miss Fenner could identify her assailant. Miss Fenner should be allowed to answer that question.”
“I agree, Mr. Bergland. You asked the question, Miss Barrister, and the witness may answer. What were you going to say about the kidnapper’s hand, Miss Fenner?”
“When…” Meredith licked her lips, then sipped some water. “When he … When he masturbated, he took the glove off his right hand and one time I saw a scar on his right hand, under his t
humb, a crescent-shaped scar.”
The color drained from Alex Mason’s face.
“May I have a moment, Your Honor?” Bergland said.
“Yes.”
The DA shuffled through a pile of police reports. He read something in one of them intently.
“Your Honor,” Bergland said, “when the jury comes back, I would ask you to instruct the defendant to show the jury his right hand.”
“I object,” Regina said. “This is a complete surprise. The witness never said anything like this before.”
“Mr. Bergland,” Herrera asked, “did you know about this scar?”
“No, Your Honor. This is the first time Miss Fenner has mentioned it.”
“I still object,” Regina said. “We’ve had no time to prepare for this. I move for a mistrial.”
“Denied,” the judge said.
“I want Mason to show the jury his right hand. Either he has the scar or he doesn’t,” Bergland said.
“Making Mr. Mason exhibit his hand is an illegal search,” Regina said as she fished desperately for some way to keep the Court from ordering her client to exhibit his hand.
“That’s ridiculous,” Bergland said. “Mason is in custody. He’s been arrested. It’s like taking fingerprints or having his photo taken when he was booked.”
“Nice try, Regina,” the judge said, “but any objection you have has no basis in law.”
The judge ordered her bailiff to bring back the jury. When the jurors were seated, Herrera looked at Meredith.
“Miss Fenner, did you remember something that might help identify the man who kidnapped you?”
“Yes, Your Honor.”
“Please tell the jury what you remember.”
Meredith turned to the jury. “One time when he was masturbating, my kidnapper took off his glove and I saw a crescent-shaped scar under the thumb on his right hand.”
Every juror turned toward Alex Mason.
“Miss Barrister,” Judge Herrera said. “Will you please have your client stand and hold up his hand to the jury.”
“This is a setup. The DA coached her,” Mason whispered to Regina.
“There’s nothing we can do. You saw me object. The judge shot me down. The only thing we can do is use it as a point on appeal if you’re convicted.”
Mason balled his right hand into a fist. “I won’t do it.”
“You have to. You’re a lawyer, Alex. You know you have no choice.”
Mason hesitated. Then he stood, unreeling as slowly as possible. Robin thought he looked like a man facing a firing squad.
“Please show the jury your hand, Mr. Mason,” Judge Herrera said.
Mason raised a fist, then slowly unfurled the fingers of his right hand. Directly below his thumb was a white crescent-shaped scar.
All of the jurors leaned forward and some made notes.
“You may retake your seat,” the judge said. “Any further questions, Miss Barrister?”
“It has been many months since your escape, hasn’t it, Miss Fenner?” Regina said.
“Yes.”
“And you’ve been questioned by the police about the events in the cabin?”
“Yes.”
“Several times?”
“Yes.”
“And Mr. Bergland and members of his staff have talked to you about those events?”
“Yes.”
“And you just testified about them here in court when Mr. Bergland questioned you?”
“Yes.”
“And I assume that you’ve thought about the events in the cabin over and over from the day of your escape until now?”
“Yes.”
“Is it fair to say that you hate the person who kidnapped and tortured you?”
For the first time, Meredith turned toward Mason. Then she glared at him.
“Yes, I do. I hate him.”
“And you want to put him in prison?”
“Yes.”
“Or on death row?”
“Yes.”
“Isn’t it true that even though you never saw the face of the man who kidnapped you, you have convinced yourself that Alex Mason is that man?”
Fenner hesitated. Then she said, “Yes.”
“When you walked from the corridor into the courtroom and to the witness stand, you passed Mr. Mason, did you not?”
“Yes.”
“And you had a chance to see him?”
“Yes.”
“And when you passed Mr. Mason on the way to the witness stand, you saw the scar on his hand and realized that this scar, which you had never, ever mentioned to anyone, could help you exact your revenge, didn’t you?”
Meredith shook her head vigorously. “No, no. It wasn’t like that. I just hadn’t remembered it.”
“So you want this jury to believe that you never remembered this scar during months of questioning and days and nights of thinking about what happened to you. Then, miraculously, while I was questioning you, you had this sudden revelation?”
“Yes.”
“How convenient. I have no further questions of Miss Fenner,” Regina said before turning on her heel and retaking her seat.
“Any redirect, Mr. Bergland?” Judge Herrera asked.
“No, Your Honor, and the State rests.”
* * *
“You were fantastic,” Harry White told Meredith as he escorted her out of the courtroom. “That scar is going to send Alex Mason to death row.”
Meredith looked up at Harry. “I couldn’t have done it without you. I was so scared, but whenever I got frightened, I looked at you and you gave me strength.”
Harry squeezed Meredith’s hand. “You never needed me, Meredith. You are stronger than you know. You’re the strongest woman I’ve ever known.”
Harry caught himself and let go of Meredith’s hand, but it was too late and he saw the way she was looking at him.
“Look,” Harry said, “I wanted to talk to you about, well, us. But I can’t. Not while this case is going on.”
“I understand. You’ve done so much for me already.”
“If there was even a hint that we … It could torpedo the whole case.”
“I said I understand. And I can wait, Harry. When Alex Mason is in prison and on death row, I’ll be able to start living again. You understand that, right?”
“Yes.”
“We should both wait. I still have nightmares and … and I’m not sure when I could be, you know, natural with any man.”
“No, you’re right. I can wait until you’re ready.”
Meredith squeezed Harry’s hand. “Thank you.” Meredith smiled. “You are my rock.”
And that and the promise of a possible life with Meredith was enough for Harry.
CHAPTER FORTY-ONE
It was almost impossible to project a positive attitude after Meredith Fenner’s bombshell, but Regina managed until court recessed and Alex Mason was taken back to the jail.
“That scar killed us,” Regina said when they were free of the reporters and headed back to the office.
“Your cross may have saved Mason by making the jurors think Fenner made up her testimony after she saw Mason’s hand in court,” Robin said.
“I hope so, but Fenner is so damn believable.”
“I reread the report of Mason’s arrest,” Robin said. “There’s a section about identifying marks that lists the scar. Do you think Mason is right? Do you think Bergland knew about the scar and coached Fenner to bring it up during cross?”
“I’ve known Kyle for a long time,” Regina said. “He’ll bend the rules on occasion, but I can’t believe he’d do something that unethical.”
“Should we brainstorm?” Robin asked as they rode up in the elevator.
“Not now. I’m wiped. Let’s meet tomorrow at six.”
“Where’s Jeff?” Robin asked.
“He told me he was working on a lead. He may be back by now. Why don’t you check on him, then get a good night’s sleep.”
&
nbsp; “Robin,” the receptionist called out when they walked into the waiting room.
“Yes.”
“A Mordessa Carpenter called for you.” The receptionist handed Robin a message slip with a phone number on it. “She wanted you to call her back.”
Robin called Mordessa as soon as she was in her office.
“That you, Miss Lockwood?”
“Yes. You wanted to talk to me?”
“I’m in town and I want to help.”
“That’s great! When can we get together?”
“This evening is okay.”
“Terrific. Where are you?”
Mordessa gave Robin the address and Robin hung up. She was about to go to Regina’s office, when Jeff walked in.
“Anything interesting happen in court?” he asked.
“Yeah. Our case was blown all to hell.”
When Robin finished telling Jeff about the scar, she said, “Regina told me you were working on a lead. I hope it panned out, because we can use some good news after today,”
“Sorry to disappoint you,” Jeff said. Then he told her about his encounter with Jacob Heller.
When he finished, Robin tried to suppress a giggle and couldn’t.
“Go ahead and laugh,” Jeff said as his cheeks colored.
“I’m sorry. I know this is serious, but I gotta tell you, I wish I’d been there.”
“It was definitely uncomfortable. He showed me his notes on the house. It seems Heller worked his way through law school selling real estate and he wanted to get a feel for how much the cabin was worth.”
“And you checked out his … Sexual orientation?”
“That’s what I was doing all afternoon. He’s openly gay and he gave me a list of organizations and friends I could ask if I doubted him. They all panned out.”
“So we’re back to Prater,” Robin said.
“That’s what it looks like. Unless Allison’s accomplice is someone whose name hasn’t come up in the investigation.”
“We may have gotten a break. Mordessa Carpenter just called. She’s willing to talk to me tonight.”
“After what happened with that scar, it looks like our only chance to create a reasonable doubt is by going after Prater as Allison’s accomplice.”
“There’s another upside to Mordessa coming forward,” Robin said. “Regina will have to get off the case and we won’t have to worry about dementia affecting her performance.”
“Let’s go talk to the boss,” Jeff said.
The Third Victim Page 18
