Without Justice

by Carsen Taite

Cade pointed at the screen. “How did he find out where I work, where I live?”

  Kennedy faced her square on. “We found a copy of the résumé and cover letter we prepared for you on one of these drives. I don’t know how he got it, but it looks like it may have come from someone who had access to our files. Rest assured, we are looking into it, and if someone on our end leaked information, they will go down.”

  Cade didn’t feel assured about anything at that point, but before she could digest Kennedy’s bombshell, she sucked in a breath at the image on the screen. The last picture Kennedy opened had been taken outside of Emily’s house. In the center of the frame, Emily was in the front doorway, and Cade was standing in front of her on the porch.

  She knew instantly this picture had been taken the night she and Emily had made love. The night she’d walked out, not knowing if she’d ever see Emily again. Had Fontana been outside the house the entire time? Had he managed to witness what went on between them that night? Cade shuddered, violated by the very idea he might have witnessed their intimate moments or their explosive argument. But more importantly, she’d placed Emily in danger.

  “If he knows where I am, why hasn’t he…”

  “Killed you?”

  Cade nodded, strangely appreciative of Kennedy’s willingness to cut to the chase.

  “Good question. The FBI is working on getting a wiretap order for Vincente’s phone, but in the meantime, all we have are records of calls between him and Fontana, and the cell tower pings show Fontana has been in the area on more than one occasion. I can only think he’s got something more involved in mind. Something that will give the Oliveris leverage with the senator.”

  Something that involved Emily. Kennedy didn’t have to say the words for Cade to know they were true.

  Chapter Twenty-one

  The next morning, Emily woke to a loud, rattling sound. Her left hand slapped the air, searching for the alarm clock on her nightstand and coming up empty. Frustrated at her inability to make the noise stop, she partially opened her eyes and gave her surroundings a squinty once-over.

  She was in her office, sitting in her chair behind her desk, dressed in the suit she’d worn the day before. She glanced at the door and instantly identified the source of the noise. “I’ll be right there,” she called out to whoever was desperately trying to enter. Using her framed law school diploma as a mirror, she fluffed her hair and rubbed away the smeared mascara under her eyes. It wasn’t great, but it would have to do.

  When she unlocked the door, she was relieved to find Becca on the other side, holding a brown paper bag and a steaming cup of coffee. She motioned her into the room and shut the door behind them.

  “You look like shit,” Becca said.

  “Thanks.” Emily pointed at the coffee. “Please say that’s for me.”

  “Yes, but it’s probably not big enough judging by the fact that you look like you slept here in your clothes.”

  Emily grabbed the cup of coffee and drank deeply, despite the scalding temperature. When she finally felt fortified, she said, “Apparently, I did sleep here last night, or at least this morning. Last time I looked at the clock it was four a.m. That’s all I remember before you started banging down the door.”

  Becca wagged her finger and pulled two enormous blackberry muffins out of the bag. She handed one over. “Eat. I bet you skipped dinner last night.”

  “You should be a detective.”

  “Doesn’t take a gumshoe to see you’re burying yourself in work to avoid other things.”

  Emily knew exactly what she was referring to, but she wasn’t going to bite. “Uh, murder trial in less than two weeks? I’m pretty sure I’ll be spending plenty of nights here before this case is over.”

  “Whatever. Word is you ducked out of the office last night and met some tall gorgeous stranger in front of the courthouse. When you came back to the office, you were completely distracted and kind of bitchy.”

  Seth. He’d been working late too and must’ve seen her leave. She was annoyed at the characterization of her mood upon her return, but she probably had been a little bitchy. And why not? The impromptu meeting with Cade had thrown her completely off balance. One minute they were kissing, and then Cade was making vague references to reasons why they couldn’t be together right now. Next thing she knew, Cade was gone and she was left aroused and unsatisfied, with no resolution in sight.

  That wasn’t completely true. Cade had said they could be together after the trial. She’d thought it was slightly odd at the time, and the more she rolled it over in her mind, the more Cade’s reservations rang warning bells. From their initial argument about Brody’s speedy trial request to Cade’s insistence last night that they discuss the case, this trial was the source of the wedge between them, and she couldn’t figure out why.

  Emily took a bite of her muffin then practically swallowed the rest whole. She was tired and hungry and dressed in the same suit she’d put on over twenty-four hours before. She was in no shape to figure out the rift between her and Cade, and she had no business expending her energy on anything other than this case. Whatever mysteries Cade was hiding, she’d been absolutely right about one thing—it could wait. She couldn’t afford to focus on anything other than this case, and if their intense connection couldn’t survive a few weeks of separation, then it wasn’t meant to be.

  Becca left after they finished their muffins, but not until she made Emily promise she’d come to the Inn for dinner no later than eight o’clock. Emily hoped she would be able to stay awake long enough to keep that promise. She ducked into the bathroom attached to her office and brushed her teeth and doused her face with cold water, before she dove back into her work, hoping to make the most of the caffeine jolt from Becca’s brew.

  She was about an hour into writing her opening statement when Seth appeared in her doorway. “Mind if I interrupt you?” he asked with a look of trepidation.

  Emily smiled. “Not at all. I’m not feeling as bitchy this morning. Only sleepy.”

  He paused on his way in. “Uh, sorry about that. Becca mentioned you had some other stuff on your mind.”

  “Becca has a big mouth, and yes, you can tell her I said so.” Emily tried, unsuccessfully, to stifle a yawn. “The only thing I have on my mind today is this case. What’s up?”

  Seth handed her a manila envelope. “We got the amended report from the sheriff’s department. One burned out light bulb is now one missing light bulb. You asked me to let you know when it was ready.”

  Emily opened the envelope and pulled out the single sheet to verify the change had been made. She met Seth’s skeptical look. “I know you think this is crazy.”

  “Maybe a little, but I get it,” he said. “Better safe than sorry. Hate to see the guy tie up the case in appeals forever. It would be a big waste of taxpayer money.” He pointed at the document. “You want me to have Janice fax it over?”

  She should say yes. Janice could make sure the report was delivered, and she could keep plugging away on trial prep in addition to the dozen other administrative tasks demanding her attention. But Brody’s office was only a couple of blocks away. If she delivered the report in person, she could stretch her legs, get some fresh air, and clear her head so her afternoon would be much more productive than her morning had been. She picked up the envelope. “Thanks, but I’ll take care of it.”

  “Okay. Guess I’ll get back to it.” Despite his words, he lingered in front of her desk.

  “What else is on your mind?”

  “Is everything okay with you?”

  “Yes. Have you heard differently?”

  “You just seemed pretty stressed out.” He smiled. “But then again, you’ve never had to prep for trial and be the boss of everyone at the same time.”

  She laughed. “True. Once we get started, I’ll forget about everything else. Speaking of which, what happened with Ethan Jansen the other day?”

  “He’s still on the warpath, but we’re trying to work out a de
al with the defendant. I’m not sure Jansen’s going to be on board with any kind of deal.”

  “Let me know if I need to get involved. That case doesn’t need to go to trial.”

  Seth assured her he would and left the office. He was right. She was stressed out, and a lot of her anxiety had to do with Cade, a subject completely out of her control. If she didn’t compartmentalize her feelings, she was going to be in big trouble professionally. This case, not Cade Kelly, had to be her only focus. Emily grabbed the envelope with the report from the sheriff’s office and buzzed Janice to tell her she was heading out to run a quick errand. She’d be back before lunch and ready to give all her attention to the case.

  *

  Cade walked into Brody’s offices and nodded at the gray-haired secretary she now knew was named Doris Hamilton aka Miss Doris. Miss Doris pointed down the hall, and Cade walked on back until she spotted Asher in one of the formerly empty offices, making herself at home behind an enormous, ornate desk. “Shouldn’t you be in class?”

  “As if. Like this compares to anything I’d learn in a classroom.” Asher brushed aside the folders on the desk and waved Cade toward a seat next to the desk. “The real question is where have you been? I thought you were going to be here first thing this morning.”

  That had been the plan, but yesterday’s news about Fontana had derailed everything. Cade had spent the morning trying to persuade Kennedy not to keep her in lock-down at her house under twenty-four hour guard. She’d finally managed to convince her that holing up at home or disappearing—the only two options Kennedy thought viable—were both likely to raise Fontana’s suspicions. Plus, she knew if she didn’t show up at Brody’s office, Asher would hunt her down.

  She and Kennedy had settled on a compromise. She’d called Monica and given her some lame excuse for why she’d be late to work, and Kennedy had reluctantly agreed with her plan to make a brief stop by Brody’s office. “I had a couple of pressing things to take care of, but since I spent half the night thinking about the case, I think I’m entitled to be a little late.” Cade pulled the chair closer to Asher’s desk. “I need a favor.”

  Asher flipped open her notebook to a fresh page and tapped a pencil against the pad. “Shoot.”

  Cade reached over and snatched the pencil. What college kid these days wrote with a pencil anyway? “Not for public consumption.” She pulled an envelope out of her messenger bag. Asher reached for it, but Cade held it slightly out of reach. “I need you to deliver this to Emily Sinclair.” She frowned hard to emphasize her next point. “It’s not from me. Got it?”

  “Is it a love letter?” Asher’s whisper was low and teasing and Cade wanted to smack her, but when she considered how it looked for her to be passing secret notes to Emily, she couldn’t really blame Asher for giving her a hard time.

  “No.” She drew out the word to emphasize the point. “It’s an outline of the issues with the case I think she should consider before taking this to a jury.”

  “So, you’re giving your girlfriend an edge.”

  “Asher.”

  “What? I’m just calling it like I see it. You know, investigative reporter and all.”

  “I need you to turn off your investigative superpowers for a minute. Sometimes prosecutors are stubborn. They start from a presumption of guilt, which makes it hard for them to see anything that might call their judgment into question.” She pointed at the envelope. “I may have already tried to discuss some of these things with her, but it didn’t go so well. Heat of the moment and all that.”

  Asher nodded knowingly.

  “So, maybe if the information shows up on plain white typing paper, it might be more palatable. Make sense?”

  “She hasn’t agreed to give me an interview.”

  “Drop this off with a note saying you plan to publish all of it in the campus paper and you’ll get your interview. Even if none of it changes her mind, she’s not going to let it stand without a comment. Trust me.”

  Asher’s eyes narrowed, like she was looking for some other meaning to the exercise. Finally, she reached for the envelope and placed it in her bag. “I won’t tell anyone,” she said. “Not even Brody.”

  “Thanks.” Cade looked at the papers spread out on the desk, anxious to change the subject. “What are you working on?”

  “The piece about eyewitness testimony. There’s a ton of research on it, but I’m not entirely sure which are the best sources. I plan to ask Brody a few questions about it when he gets back from court.”

  Cade reached into the messenger bag she’d brought along, pulled out a sheaf of papers, and handed them to Asher. “I printed out some articles and cases for you. The articles come from reputable sources with peer-reviewed studies. All of these have survived Daubert hearings and been held up on appeal.”

  The papers in her hand hung in mid-air and Asher stared at her with a slack-jawed expression. “What?” Cade asked.

  “Two things. One, ever heard of email or do you like killing trees? Two, I have no idea what you just said. Da-bear? Explain, please.”

  Shit. Legalese was going to do her in. She was about to spin some tale about having worked as an intern for her made-up attorney uncle, but a voice behind her saved the day.

  “Daubert is a case about the admissibility of expert testimony. The case outlines the test to determine if certain scientific evidence is real science or junk. If it’s junk, it can’t be offered at trial.”

  Cade turned around and Brody was standing behind her, a curious gleam in his eyes. She scrambled. “Thanks. I’d read that, but you explained it so much better than I could.”

  “Oh, I don’t know. You seemed like you knew what you were talking about.”

  Cade shrugged and quickly changed the subject. “I’d like to stick around, but I need to get to work, and I can do some research while I’m there. Is there anything in particular you’d like me to focus on?” She asked the question only to deflect what had just happened since she already had several topics she planned to work on, starting with the validity of the search warrant.

  “I was thinking I’d spend some time today looking at Kevin’s statement and some cases on police interrogation,” Brody said. “If there’s a way to keep his statement from coming in at trial, then we’ll be in a better position.”

  It was like the notes in her bag were calling out to him. Cade wanted to tell him issues like admissibility of evidence, including Miller’s statement, was one of the many reasons not to rush into trial, but instead she reached in and pulled out another stack of paper and shoved it his way. “You might want to take a look at these. All Texas Court of Criminal Appeals cases on Fifth Amendment and custodial interrogations.” She shifted to avoid his curious gaze and added, “I made a few notes. Don’t know if they’ll be any help, but feel free to use whatever you want.”

  Without waiting for a response, she hefted the bag onto her shoulder, called out a “see you later” and started toward the door. She’d barely made it past Miss Doris’s desk when she heard a familiar voice.

  “Cade?”

  Emily was standing across the room her narrowed eyes reflecting surprise, but otherwise looking completely composed in one of the tailored but still feminine suits that highlighted her strength and sex appeal. Cade took a step toward her and noticed beneath the professional veneer the first shade of dark circles under her eyes and the bent posture of too many hours hunched over a desk. She wanted to step close and take Emily in her arms, offer to hold her while she slept, massage the ache from her weary muscles, but this wasn’t the time or place.

  Cade supposed she should’ve expected to run into Emily this close to the courthouse, but maybe on the street where she could scurry off after a quick wave hello. Definitely not here, in the office of Emily’s adversary. She managed a weak smile. “Hi.”

  “What are you doing here?” The surprise was gone from Emily’s expression. The question was blunt and wary with a touch of anger.

  So much for rus
hing away without having to explain. Cade hadn’t prepared for this eventuality and her brain was paralyzed. There was no plausible explanation for her to be here. She should be at work, or absent that, at home, but in no scenario would a relative newcomer to town, who worked at the nearby college, be hanging out at the office of a lawyer getting ready to try a murder case.

  Well, that wasn’t entirely true. She could be here to consult with a lawyer. Brody didn’t limit his practice to criminal defense. Hell, for all Emily knew she could be here to talk to him about a will or some other boring legal matter that had nothing to do with crime. While Cade sorted through the options, Emily’s intense gaze bored holes through her, and what she at first took as anger covered a layer of something else. Pain? Hurt? And why not? When they’d last talked, Cade had said she wanted nothing to come between them, that she needed a little time to sort things out. She wasn’t about to compound the issue by lying to Emily.

  “I came by to tell Brody some thoughts I had about the case.” The words were barely out of her mouth before Emily’s pained gaze became sharp and harsh.

  “Is that so?”

  Déjà here-we-go-again washed over Cade, and she struggled to keep from getting defensive. “I’m not sure why the fact I shared some opinions and observations with someone bothers you, and I’m sorry it does.”

  “I wasn’t aware you and Brody Nichols were pals. I would think if you had some thoughts you wanted to share, you’d share them with me.”

  Emily’s indignant tone was like a burr under a saddle, and Cade bucked at the implied accusation. “Excuse me, but I did try to talk to you about this case. Last night? In the park? Ring any bells?”

  “So this is what you wanted to tell me? That you’re working against me?”

  “Against you? This isn’t about you. Don’t you care whether or not you prosecute the right person?” Anger flooded Cade’s senses, and she gave in to the pull of raw emotion. “Your narrow-mindedness is going to result in the real killer going free. Way to protect your community, counselor.”