Long Hill Home

by Kathryn Pincus

  “Listen to me, kid.” Rico said quietly through the bunk. “Don’t say a word to your lawyer or the guards or anyone about that and you will be a lot better off. Got it?”

  Chad swallowed hard and tried to speak without crying. He took a deep breath. “Yeah,” is all he could manage to say. It was enough for Rico.

  The entire cellblock seemed eerily quiet, and Chad knew it had something to do with what had happened. Rape. I was almost raped. He closed his eyes and tried desperately to soothe himself with the comforting image of his mother. But the bound and bruised body of Kelly Malloy now blocked it out.

  CHAPTER 32

  KELLY: OCTOBER 5, 2011

  KELLY SAT IN a worn leather chair watching Dr. Sally Jeter take the lid of off a chicken Caesar salad. Recounting the events of the past two days was almost as pleasant as the events themselves. She thought that she sounded like a normal, functioning mother and wife.

  “How about physical intimacy with Dan, has there been any change there?” Sally asked between forkfuls.

  “Well, yes.” Kelly paused for a moment to get her thoughts together. “I talked to Dan alone, in a quiet setting where we had each other’s attention. I told him I was sorry for shutting him out and I told him that I loved him and missed him.”

  “How did that go?”

  “It was welcomed. My gosh, it felt like a waterfall crashing over us after a drought. We were touching all night, hugging on the couch and touching feet at the dinner table. It was like a wall had disappeared and we were finding our way back.” Kelly smiled.

  “Anything else? How about in the bedroom?”

  “Boy, you are a pushy broad,” Kelly joked. “Yes, we finally had some physical intimacy. Not our normal lovemaking, I guess. I am really not ready for that yet.” Kelly looked at Sally and searched for the right words. “Let’s just say we had intimacy, emotional and sexual, and it felt really good to be close. I think that we are at least on the right path.”

  “Okay,” Sally said smiling. “No need to say more. It sounds like you are on the right track.”

  Kelly looked out Sally’s office window, which faced east toward the Christiana River and the poorer part of town. She saw a blue line of city buses waiting for passengers, and an expanse of deteriorating row homes and apartment buildings. Her thoughts immediately turned to Maria.

  “Kelly. What are you thinking of? You sort of drifted away there.”

  Kelly paused for a moment, trying to identify what she was feeling. “I think I am carrying a lot of guilt.”

  “Guilt?” Sally probed. “You mean about the attack? Or about Dan and the girls?”

  “Well, no. At least not right now,” Kelly laughed lightly. “Believe it or not, there are other lives I have managed to screw up lately.”

  “What are you talking about?” Sally asked with a perplexed look.

  “Well, since you read about the attack, you know there is a young man they have locked up right now who may be innocent. In fact, it may turn out that the only reason he is locked up is because he helped me out.”

  “Yes, I read about that guy. He’s just out of high school, right?”

  Kelly nervously played with her wedding band as she spoke. “Yeah. Anyway, for reasons I shouldn’t really go into, I am starting to think he may be telling the truth.”

  “Well, if it is as you say it is, he’ll be out of prison before long.” Sally said, trying to reassure her client.

  “It’s more than that. According to my friend Sam, who is the prosecuting attorney, this kid has a really tragic story. He had an abusive father and his mother abandoned him.” Kelly stopped playing with her wedding band and started bending a paper clip that she had lifted off of Sally’s desk. “Now, on top of all of that, he has been labeled a rapist and thrown into prison with some scary people.”

  “Hmm. That is sad, Kelly, but you need to remember that it is not your fault. You are both victims here of the same tragic circumstances.” Sally looked at Kelly to make sure she was really hearing her.

  Kelly continued, “And then there is Maria.”

  “Who’s Maria?” Sally asked, confused.

  “She is a woman who witnessed parts of the attack. She has critical testimony and she’ll be subpoenaed for trial.” Kelly explained.

  “Many people have been witnesses in trials, Kelly. You know that; you have seen it hundreds of times. It can be frightening, but she’ll get through it.” Sally said in a matter-of-fact manner.

  “I wish that was the problem,” Kelly quickly responded. “It turns out Maria is an illegal immigrant. She has been living here under the radar and working hard without bothering anyone. And now, because she helped me, she has been discovered by the authorities to be here illegally. The AG involved assures me she will not be deported during these proceedings, but still it is very difficult for her. The man she lives with, the father of her baby, is here legally, and he’s close to getting his citizenship. They desperately want to get married and be free of all of this worry.”

  Kelly decided to omit the part about giving Sara Nuñez the name and phone number of her law partner in Philadelphia.

  “Kelly, I want you to accept that you are only human, you are also a victim, and you can only achieve what is possible. But, it is clear to me that you are a person who sets a goal, takes action and achieves that goal. Go with that instinct. I know you’ll figure it out. Although we have only had two sessions, I have seen your fighting spirit and I know that’s why you are making such tremendous progress after your attack.”

  “Thank you,” Kelly said, gathering her handbag. “That means a lot to me. I think you’re seeing improvement only because I am very ready for things to improve. I was a complete mess after the attack, and I guess I kind of curled up into a ball there for a little while.”

  “Well, you are squarely on the right track. Many people would have been derailed for a long time after such a traumatic experience. What do you say we schedule a week from now? I think you are in a good place and know what you need to focus on. Come back next Thursday and we’ll talk. And of course, you have my numbers if an emergency develops before then.”

  “Thanks, Sally. I doubt I’ll need to bother you before Thursday. Goodbye.” Kelly closed the door to Jeter & Associates and strode into the hall. She had planned a little detour before heading back home.

  *****

  Kelly pulled the scrap of paper out of her wallet one more time to check the address that she had copied off the police report, 1402 N. King Street, No. 2-B. Five minutes later, she pulled into a parking spot on King Street. Two young men in oversized dark hoodies and droopy jeans loitered by the parking meter as Kelly quickly stuffed quarters into it. One of them emitted a long and low whistle, making Kelly’s face grow hot with a discomfort that she could not label. She did not know if they were whistling at her, her car, or something else entirely, but she kept her head down and walked by them quickly. The young men laughed as she turned around from a distance of thirty feet to watch her Volvo’s headlights flash at her as she remotely locked her car. She walked quickly on the sidewalk with her eyes straight ahead. A thin teenage girl in an oversized sweatshirt stood by a bus stop holding a bundled baby on her hip. As Kelly approached the building at 1402 North King Street, she saw an old man in a dirty winter coat turn his back and urinate on the adjacent building.

  Kelly’s heart quickened as she arrived at Maria’s apartment building. She sighed as she realized that she stood only eight blocks from the shiny office building that housed her law firm, and only a few miles from her large home in the Highlands, with its tree-lined avenues, immaculate green lawns and luxury cars. It was inconceivable how people could dwell in such drastically different worlds that practically touched each other.

  Kelly walked quickly by Maria’s apartment. Her heart raced just because she was near her. She stopped in front of a building next to Maria’s apartment building. The front window advertised bail bonds. She had come here to see Maria’s world, ju
st to walk on her sidewalk. But she knew she could do no more right now.

  As she turned and hurried back to her car, she retrieved her cell phone and pushed the speed dial button for Sam’s office.

  “Hello, Sam Schultz’s office,” a tired woman’s voice answered.

  “Yes, hello, this is Kelly Malloy. Sam is working on a case with me. May I speak to him, please?”

  “I’m sorry, but Mr. Schultz is not in at the moment.”

  “Is he at lunch?” Kelly asked. “I can try his cell.”

  “No, ma’am,” the voice said, “Mr. Schultz is in chambers right now with Judge Silver about a matter that just came up. That’s all I know. His office door opened and he flew out of here. If you know him, you know how he can be.”

  Kelly felt a knot form in her stomach as she unlocked her car and opened the door. This development had to concern her trial.

  “I’ll leave him a note to call you, Ms. Malloy.”

  “Thanks. He has my number,” Kelly said, biting her lip.

  CHAPTER 33

  KELLY: OCTOBER 5, 2011

  KELLY WALKED INTO her kitchen and placed two bags of groceries on the counter. She checked her phone for messages. She was expecting Sam any minute, even though she had not heard from him since he was summoned to the judge’s chambers at lunchtime.

  She took out a block of Gouda and a wedge of Brie and arranged them on a plate with freshly washed strawberries and green grapes. She was putting crackers in a basket when Dan entered the room.

  “Is he here yet?” Dan placed his keys on the counter and took off his coat.

  “Not yet. I’m glad you are, though.” Kelly sidled up to Dan and kissed him on the cheek. “My mom’s getting the girls and taking them to soccer practice.”

  Kelly had asked Dan to be present this time for her meeting with Sam. Sally Jeter had suggested it and Kelly liked the idea immediately. Dan would feel involved, instead of shut out. Kelly realized she liked having his support. He would have to hear the difficult details again, but he had assured her that he could handle it.

  Dan lit a fire in the family room and nestled on the couch with an issue of Architectural Digest. That familiar and yet amorphous feeling of dread started to build in Kelly as she heard Sam’s knock and rose to let him in. As she approached the door, she knew she’d have to recount the details once again, and read other people’s details of the horrific event. Even worse, she was preparing to go through all of this in front of a full courtroom, with Jack Barnard sitting only several feet away.

  “Hey, Sam,” Kelly said as she opened the door. “Come on in. I tried to reach you earlier, around lunchtime.”

  “I know, I got the message. I was in Judge Silver’s chambers. He called us all in to have a ‘Come-to-Jesus’ meeting for the defense.” Sam looked up at Dan sitting on the couch.

  “Oh. Hi, Dan,” Sam said, walking toward him and awkwardly extending his hand.

  “Sam,” Dan nodded and stood to shake Sam’s hand.

  Kelly blurted, “Sam, I called to tell you that Dan was going to sit in on this session, for moral support.” Kelly looked quickly at Sam, who looked slightly wounded. “Please, Sam, sit down. Relax and have a bite.”

  As Sam was putting the contents of his briefcase on the coffee table, Kelly said, “Anything to drink?”

  “No thanks, I’m good.” Sam said.

  “Dan?” Kelly asked.

  “No, thanks Kel, I’m good, too.” Dan responded. Then, a moment later, he proclaimed, “On second thought, I think I could use a beer.” He rose and walked to the kitchen.

  “Hey, this is a little unconventional, but I could really use one, too, please,” Sam called as Dan opened the refrigerator door.

  Kelly, laughing nervously, chimed in, “Please, babe, make that three.” She started to feel the dread wash up into her throat again.

  A short while later, the three of them sat in the family room with a stack of documents and three half-empty beer bottles on the coffee table.

  “Apparently, Barnard’s counsel filed a Motion to Exclude Testimony of Maria Hernandez and Chad McCloskey. It’s a desperate attempt, but still, the judge has to consider it.” Sam took a swig of his beer.

  “On what grounds?” Kelly asked.

  “Well, before we get to grounds, let’s get to timing. The motions won’t be heard now, and so they won’t affect our ability to get a probable cause finding now.”

  “Why did he file them now?” Kelly asked.

  “They’re posturing, mostly. His expensive lawyers are trying to look like they are prepared to put up a good fight. Barnard is pretty well lawyered-up. In fact, in addition to hiring Delaware’s most expensive criminal defense attorney, Barnard now has retained co-counsel from a D.C. firm. He hired some woman who has done a lot more white-collar criminal defense than anything like this, so my guess is he is going for gender impact and big profile.”

  Sam continued. “Anyway, as far as grounds for the motions, with regard to Maria Hernandez, they are contending that she is an illegal immigrant and therefore not capable of being honest. It is offensive, really, and a clear attempt to terrorize her. Her immigration status is not grounds to exclude her testimony in any event.”

  Sam paused and took another swig from his beer bottle. “With respect to Chad McCloskey, they are arguing that he would not be able to testify without violating his Fifth Amendment rights, and if he waived those rights to testify, he would not be credible because he would just be saving his ass.”

  “Well, that makes some sense, except he is about to be released and charges against him dismissed, right?” Kelly asked.

  “Well, yes.” Sam said, hesitating before going on. “Today I entered a nolle prosequi, effectively dismissing all the charges against McCloskey. After we got the DNA match with Barnard, and with some nudging by McCloskey’s counsel, I probed all the evidence regarding McCloskey. His story holds up regarding his rescue attempt and the reason he bought a ticket to fly to Arizona that day. Also, none of the evidence links him to you except the rescue part, which he admits to and which is not a crime, of course.” Sam looked at Kelly and Dan and said, “He should be out of prison within hours.”

  “Oh, my gosh.” Kelly gasped. “I don’t know what to say. I feel terrible about what he went through.”

  “Kel, it is unfortunate, but remember, he looked pretty darn culpable when we arrested him. But it turns out he was only guilty of poor judgment and having bad luck. Today was good timing for the dismissal against McCloskey, because it simultaneously cuts out any more bullshit maneuvering by the defense, and it emphasizes the DNA match with Barnard and the rest of the rock solid case we have against him, with no other distractions. It hopefully gets us to a much quicker resolution. Now Judge Silver, Barnard’s counsel, and hopefully even Barnard, know that Barnard’s conviction is a no-brainer.”

  Dan picked up his beer and held it in his hand as he spoke. “What do you mean by ‘no-brainer,’ Sam? If you have a problem with witnesses or something like that, are you still confident that you’ll get a conviction?”

  Sam thought before speaking. “Nothing is one-hundred percent, but this one is as close as I have ever had. Just based on Kelly’s testimony, police and medical reports and, most importantly, the DNA, we should get a conviction. But we also have the testimony of Chad McCloskey, Maria Hernandez, and the couple that found you and called the police.”

  Sam brought his hand to his forehead quickly and tapped himself there. “Oh, and I forgot to tell you! With lab analysis and another witness who’s come forward, we can link Barnard to the drug that was used on you, too. It’s called Anarest, and it’s a mix of a sedative and an anesthetic used for what is known as chemical capture of animals. Some guy who is Barnard’s occasional golfing partner called the police a few days ago, after reading about Barnard’s arrest. This guy, Bill something, is a veterinarian. He told the police he put two and two together after seeing an article that recapped the details of the incident, includi
ng the use of a sedating drug dispensed through a dart. He recalled a time where Barnard was picking him up for a golf date: he got an emergency call about a dog that had part of a barbed wire fence embedded in its face and was running away from his owners and acting crazy. So Barnard went with him on the call and watched him anesthetize the dog with a dart gun so the dog could be caught and treated safely. The vet remembered that Barnard was fascinated and asked a lot of questions about the sedative mix and its use and capabilities. He also said that Barnard was with him when he went to get the Anarest, the dart and the gun before heading out on the call. It was all kept in a converted barn on his property, where he has his vet practice.”

  Sam paused for a moment, picked up his beer and finished it with several big gulps while Kelly and Dan waited for him to finish his story. “Well, this guy Bill does an end-of-the-month inventory check against his purchase and usage records, and after he read about Barnard’s arrest, he checked and discovered that he’s missing two vials of this stuff, and that there was no such discrepancy when he did his end-of-August check. He couldn’t say for sure about missing darts since he doesn’t inventory them, but the gun was still there. So, when he called the police he was instructed to not touch anything, so we could check for fingerprints. Sure enough, Barnard’s fingerprints were on the gun, and on the glass front of the cabinet where the Anarest is kept.” Sam gave a little shrug. “This Bill guy is a professional, and so he was pissed and is quite willing to testify against Barnard. He figures Barnard snuck onto his property to get the gun and the Anarest, and then came back soon afterward to return the gun before anyone knew it was missing.”

  Kelly’s mouth fell open. Dan squeezed her hand.

  “I don’t want to scare you any more, Kelly, but this guy Bill told me that you are real lucky that Barnard did not use too much of those drugs on you, or you would have been a goner. He used the same dose that the vet had used on that dog. I think it was a Newfoundland, and it weighed about 135 pounds. Any more than that and it’s possible that your breathing would have just shut down, and the rest of you, too.”