Just then, a heavyset woman with grey hair popped her head inside the door. “Hey Stu, can I see you for a minute?”
“Excuse me,” Stuart said to Chad. “That’s the prosecuting attorney right now.” He stepped out of the room and closed the door. Chad could see them through the glass pane in the door, but he could not hear what they were saying. The woman appeared to be doing all of the talking, with her hands moving as she became more animated in her conversation. Chad saw Stuart hold his hand up to stop her, and then he appeared to be trying to convince her of something. The woman had the last word, and then she left, abruptly. Chad watched Stuart turn and slowly come back into the room.
“I have some bad news for you, Chad. The AG’s office has an eyewitness account possibly placing you with the victim yesterday. But I am also troubled by something you haven’t told me. You bought a one-way ticket to fly to Phoenix, Arizona today? That’s a bit suspicious, isn’t it?” Stuart looked annoyed at Chad.
“It didn’t seem relevant.” Chad explained. “I wanted to get away from my father and find my mother. No one needed to know that part.” Chad got choked up and summoned all of his energy to not cry in front of his lawyer.
“Well, it doesn’t look good, for starters.” Stuart said. “It looks like you planned the whole thing. It makes you look guilty and it makes you look like a flight-risk. Do you know what that means?” Stuart asked Chad, exasperated by this latest discovery.
Chad sat down at the table, put his head in his hands, and started sobbing.
“Look,” Stuart said quickly, “I believe you, but you have to see what the prosecution is thinking right now. There are things we can be hopeful about: they still have to do an investigation, including physical evidence on the victim, and that may exonerate you. They need to interview the victim and the eyewitness. You have your account of your rescue attempt and the couple that rescued her, and no one would know that without being there. So, there are lots of things that can get you off the hook, but it is going to take some time. So hang in there and don’t open your mouth to anyone unless I am here with you, okay?”
“Yes,” Chad mumbled, wiping away tears from his cheeks with the back of his hands.
Before I go, though, tell me about this plane ticket. What was the deal there?”
Chad bit his lip nervously and then spoke, softly. “I was going to find my mother.”
“What do you mean?” Stuart tried to ask in a way that would not further upset the young man in front of him who suddenly looked very fragile.
Chad raised his head from his hands and wiped the tears from his eyes with the sleeve of his shirt. “My mother was the only person who was ever kind to me, who ever made me feel good about myself.” Chad took a breath, regained his composure, and looked up at Stuart. “She took off in May, right around the time I was graduating from high school, and she never told me she was going. I knew she had to get away from my Dad; he made her so unhappy. He was always putting her down, yelling at her, mocking her. But I could go to her. She’d want me.” Chad’s voice cracked with emotion as he said the last part.
“She’s in Phoenix now?” Stuart asked.
“Yeah,” Chad said. “Well, I’m pretty sure that she’s in Scottsdale. I found a postcard and some other things from her sister. It makes sense. I don’t think my Mom was strong enough to go somewhere and start a new life all by herself, and she didn’t have anyone except me and my Dad, and her one sister.”
“So you were just going to fly out there, one-way, with no other plan, based on a hunch that your mother was there?” Stuart asked in a voice filled with disbelief.
“It’s not like that. You wouldn’t understand. I needed to be with her, and I knew I would find her.” Chad choked a little on his words. “There is nothing for me here. I can’t stay here.”
Stuart took the cue to stop pressuring Chad. “Okay, Chad. You sit tight for now and rest assured I am working on this. I’ll talk to your father about your mother’s relocation and your plan to go see her.”
“No!” Chad jumped up to his feet.
Stuart stepped back, startled. “Jesus, Chad, what the hell?”
“He doesn’t know anything about it. He can’t. Don’t you see? He’s the reason she disappeared in the first place. She had to get away from him. He’s a miserable, mean drunk and I hate him for what he did to her. I’d rather rot here in a prison cell than let him find my mom and make her miserable again.”
“Okay, I won’t say anything to him now, but I’m quite sure he is going to find out as the investigation continues. Do you know where the postcard is and anything else that supports your story about the ticket to Phoenix?”
“It’s not a story,” Chad said, still riled up about his father. “It’s in a knapsack in the station wagon that the police towed away and probably searched already.”
“I see,” Stuart said. “I’ll look into it.” Stuart paused for a moment and contemplated whether or not he should tell Chad something. He crossed his arms over his chest and said softly, “Chad, I have to tell you something. A guy from the News Journal is here snooping around. I told him ‘no comment,’ but he knows your identity and that the police brought you here as a suspect.”
Chad put his head in his hands and thought of all those kids in school that had mocked him or ignored him, and all of the teachers who had pitied him or quietly despised him. Soon they would all be seeing his photo next to a caption describing him as a rapist.
CHAPTER 12
KELLY: SEPTEMBER 25, 2011
“MOMMY! YOU’RE BACK!” The girls shrieked and jumped up and down, clapping their hands as Kelly and Dan stepped into the foyer of their home. Despite her dark mood, Kelly felt her face lift into a smile. It was clear that in her absence the girls had picked out their outfits. Anna wore black tights under her father’s giant Philadelphia Eagles football jersey and Grace paired her pink ballet tutu with a smiley-face sweatshirt. Kelly took a deep breath as her daughters squeezed her around the waist. She had longed to come home to them as she had lain in the hospital, and she had desperately yearned to hold them once again while she was tied up in the darkness, not knowing her fate. But now that she was actually here she was unable to take comfort in their embrace. Her skin felt like it was crawling. Her head and back ached, her thighs throbbed, and she felt an overwhelming urge to push past everyone and drag herself to bed.
Kelly’s mother stood nearby, a strained smile on her face. Her short silver hair framed an expression that was obviously masking pain. Her hazel eyes were bloodshot from crying. She opened her mouth to say something, but nothing came out. Finally, she walked over to Kelly and wrapped her in a hug. Kelly felt her mother’s body shake, and she heard a sob.
“It’s okay, Mom. I’m fine. I just need to rest.” Kelly lied. She forced a smile as she said with what she hoped sounded like cheerful enthusiasm, “I am so glad to be home with my girls! But now I really need to rest. I’m sorry, girls, but I bet Dad and Gran want to play Uno or bake brownies.”
Dan stepped forward, his hands in the front pockets of his jeans. “Yeah, how about both? Let’s bake brownies and then eat them while we play Uno!”
Kelly’s legs were heavy as she climbed the stairs to her bedroom. The soreness in her pelvis made her feel queasy. She shrugged out of her jacket, kicked her running shoes off, and slid under her down comforter. She had forgotten to draw the blinds, so the sun streamed into the room. Too exhausted to care, she put a pillow over her eyes and lay there, wishing for sleep. Despite her overwhelming fatigue, she felt as if low-grade electricity was running through her body, making her restless and jumpy. Horrible images and sensations kept flashing through the darkness in her head; the cold, hard floor under her back, the tight, rough ropes on her wrists, and the heaviness of that man over her, coming at her, entering her. She sat up in bed. The early afternoon sun shone brightly outside, and her whole family was one floor below her, safe. Her heart was racing. She picked up the jacket that she had dropped
on the floor and found a vial in its pocket. Little blue pills rattled inside. The doctor had prescribed them in case she had trouble sleeping. Without reading the label, Kelly put two pills in her mouth, tipped her head up to look at her bedroom ceiling, and swallowed.
She went into her bathroom and ran her faucet. A battered and aged version of her face appeared in the bathroom mirror. Dark bags hung under her eyes and a red mark remained around her lips where the duct tape had been removed. Her hair was plastered around her neck and shoulders and the elastic ponytail holder still clung to the bottom of the matted mess. Her world had experienced a colossal shift since she put that elastic band in her hair the morning before; it had tipped on its axis and Kelly was just trying to hang on.
She swallowed some water from her cupped hands to help the pills settle. Then she sorely and gingerly sat down on the toilet to relieve herself. As she saw the purple and brown bruises spreading across her inner thighs she started sobbing, softly at first, and then causing her whole body to shake. With tears still streaming down her face, she dragged her body to the bedroom windows to shut the sunlight out, climbed back into bed and finally found sleep.
CHAPTER 13
MARIA: SEPTEMBER 25, 2011
MARIA FELT AS if she was crawling up the last flight of stairs to her apartment. It had been a hard workday and she was exhausted. Excruciating back pain had been stabbing at her all day. She paused at the door of her apartment and rubbed her back. As she was about to open the door with her key, it swung open, surprising her.
“Oh my goodness, you scared me!” Maria said to Juan as he opened the door with great force.
“I was just showing these people out.” Juan spoke with anger in a manner that Maria had never heard before.
It was only then that Maria noticed a tall man in a grey suit and tie, and a tall blonde woman in a blue pants suit standing behind Juan.
“Maria?” The woman asked. “Maria Hernandez?”
“Yes?” Maria responded.
“Don’t tell them anything.” Juan hissed to Maria.
“Juan. Please!” Maria pleaded with him, “What is this about? You are scaring me.”
“I’m Detective Helen Becker, with the Delaware State Police, and this is Detective Tim Hahn, Wilmington Police.”
Maria’s pulse raced and she started to sweat.
“It is nice to meet you, Maria. We have reason to believe that you witnessed a crime that we are investigating. You are not in any trouble and no one suspects you of any wrongdoing. We just need to talk to you.”
Maria looked at Juan, whose eyes silently pleaded with her to be quiet and play dumb. “I’m, uh… I am not sure what you are speaking about.”
“Please,” the woman spoke gently, “I know this is a bit frightening, but just hear us out. We traced a phone call to the Wilmington Police Tip Line to your cell number, and then your cell account to this address. We also have talked to people at the Breck’s Mill Art Gallery and to the person you work for at the Cleaning Angels. They all tell us you were scheduled to be at Breck’s Mill at the time of the events being investigated. Please, we are just asking for your cooperation.”
“Maria, don’t talk to them until I can get someone at the LACC on the phone.” Juan snapped as he pulled his cell phone out of his pocket.
“The LACC?” Detective Hahn asked to no one in particular.
“The Latin American Community Center,” Detective Becker answered him. “It provides services to the Latin American population, including finding them lawyers.”
Maria leaned against the frame of the front door to her apartment. She clutched at her side and back with both hands as she felt a painful stab seize her back and side again. She saw Juan talking quietly on his cell phone and the two detectives having a conversation as if they were in a grey fog. Her pain enveloped her and sealed her off from their world. She felt a warm wet rushing sensation between her legs and watched the clear viscous liquid pool on the floor and splash onto her shoes.
“Oh, my God!” Detective Becker pointed to Maria’s feet. “Her water just broke. We have to get her to a hospital.”
Juan ran to Maria and grabbed her just as she started to swoon. “Baby, are you okay?” His eyes looked right into hers with alarm and urgency.
“Yes. It hurts Juan, but it is time. My due date was October third, so I guess he or she wants to be a September baby.” Maria managed a little smile through her gritted teeth.
“We have no car.” Juan said to the detectives. “Can you take us to the hospital? Wilmington Hospital is just up the street.”
“Let’s go!” Detective Becker said.
CHAPTER 14
CHAD: SEPTEMBER 26, 2011
CHAD STARTLED AND opened his eyes to the white cinder block wall of his cell. His body was sore from the thin mattress that he had tossed and turned on all night. Stuart was shaking him with one hand, and holding up clothing with the other. A navy blue blazer and grey pants hung on a wire hanger.
“These may not be a perfect fit, but your father couldn’t find anything in your closet that remotely met my description of clothing appropriate for your arraignment. So I got these from the public defender’s closet. They are clean, at least.” He thrust the hanger toward Chad. “We waived your preliminary examination because I saw no benefit. They will be able to show probable cause exists to hold you over, and they can even rely on hearsay evidence in this stage. I went through what they have so far and I don’t see how we can change that at present. So, I want to speed up the process because you’ll be held in the meantime, and my goal is to get your plea in and get you out pending trial.”
“Trial?” Chad asked, still in a fog from his fitful sleep.
“I’m hoping we never get to that, but that’s a conversation for later. One step at a time,” Stuart answered.
Twenty-five minutes later, after a quick shower and shave, Chad was led into a courtroom by a prison guard who brought him to a table and motioned for him to sit in a chair next to Stuart.
“Clothing looks pretty good.” Stuart tried to sound relaxed.
Chad sat quietly. His stomach churned.
“This is just an arraignment today. The judge will enter the room. We will stand just before he enters and until he sits. He will probably take a moment to look at some papers in front of him, to get up to speed, and then he’ll call you up. He will read the charges against you and ask how you plead to those charges. We went over the charges yesterday, but here is a copy of what the judge will be reading.” Stuart pushed a piece of paper with the title “Indictment” in front of Chad. “I need you to look very calm and polite, and speak very clearly and loudly when you say, ‘Not guilty, Your Honor.’ Got that?” Stuart looked at Chad, who slowly nodded to show his understanding.
Chad turned to see the faces of the others in the room. His father sat in the last wooden row, with his arms crossed in front of him over a rumpled blue flannel shirt. He scowled at Chad and then turned his eyes to the floor. He did not recognize the other people sitting behind him. He assumed they were reporters or people who knew the victim. Then it hit him. He turned and whispered to Stuart, “Will she be here? The victim?”
“No, I don’t think she’s coming.” Stuart paused for a moment and then added, before he regretted it, “Her husband is here, though. He’s the tall guy with the striped shirt, no suit.”
Chad’s heart started beating fast as he slowly turned his head to see the husband. A tall man in a blue striped dress shirt sat alone in the second row. His head was tilted, as if he were examining something in his lap. Suddenly the man looked at Chad, with his eyes meeting Chad’s eyes for a brief second before Chad looked away. His face immediately flushed with red-hot shame. This man thought he had raped his wife. Chad nervously fingered the piece of paper he had been giving a few moments earlier, which set out the substance of the crimes he stood accused of. He knew that he was supposed to enter a plea to those charges today, with all of those eyes burning in his back.
A woman in a dark suit standing in front of the judge’s bench announced, “Please rise for the Honorable Judge Silver.” A short man with a receding hairline, wearing a black robe, entered the room. He walked over to his bench and sat, and immediately began flipping through a short stack of papers. After a moment, he looked up and spoke softly. “Mr. Chadbourne McCloskey, please approach.”
Chad stood still for a moment, not certain what to do. He felt his legs shaking violently, and he hoped no one noticed. He felt Stuart’s hand on his forearm, gently guiding him around the small table and toward the judge. Judge Silver looked a little worn, as if he shouldered a great amount of responsibility. To Chad’s surprise, the judge’s eyes reflected kindness. For some inexplicable reason, Chad thought of the disdain in his father’s eyes, and for a fleeting moment, he wished this man sitting before him was his father.
“Mr. McCloskey, you have received a copy of the indictment and you are going to hear it read out loud to you right now. At various stages, we will pause and ask you how you plead to those charges. Do you understand this?”
Chad swallowed and said, “Yes, Your Honor.”
“Okay then, Mr. McCloskey. You are going to have to speak a little louder, though. Can you do that?
“Uhm, yes sir,” Chad responded louder this time.
The next few moments went by in a blur. Chad felt a buzzing in his head and his legs started shaking as he tried to stand straight and listen to words like rape, kidnapping, and assault.
When there was a pause, and he knew everyone was waiting for him to answer, Chad said “Not guilty, Your Honor,” as Stuart had coached him. Judge Silver shook his head in a manner recognizing Chad’s plea. Chad heard a collective murmur rise from the people seated behind him. The murmur ceased immediately when Judge Silver began to speak again. “Does the prosecution or the defense have any motions or requests at this time?”
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