Beyond Innocence

by Carsen Taite

  Marion didn’t hesitate to jump on board. “Whatever you need. For however long you need. Certainly, your boss will understand. I think these last couple of trips were the first time off you’ve taken in years. You deserve to take some time for yourself.”

  Would her boss understand? Was her stability worth risking for the slim chance she could do Eric any good? Her stomach churned as she considered the risk, along with the prospect of seeing Cory again. Seeing Cory would be for Eric, not for herself. Why then did she feel a sense of excitement instead of dread?

  Chapter Nine

  Cory hit the alarm clock, but it took several swipes before she was able to silence its incessant buzzing. When she rolled back toward the middle of the bed, she bumped into a surprise. Julie, propped up on her elbow, flashing a devilish smile.

  Cory glanced at the window, noting streaks of sunlight playing across the covers. Julie never spent the night. She cleared her throat, but her voice was still scratchy from lack of sleep. “You do realize the sun is up?”

  Julie stretched. “I thought I’d mix things up a bit.”

  “You’re going to be late for work.”

  “I have a doctor’s appointment this morning. Thought I’d enjoy sleeping in for once.”

  Cory sat up and threw her legs over the side of the bed. “Well, now that you’re awake, I’ll make you some coffee.” She started to move, but Julie grabbed her arm.

  “Where are you off to in such a hurry? I thought we could have a few replays of last night.”

  Of course Julie assumed that if she had time to play, Cory did too. She was wrong this time. “I have to get to the office.”

  “Office? Can’t you do your charity work another day?”

  Cory’s anger simmered. “Charity work? You know as well as anyone that the work I’m doing is important, at least to my professional future.”

  “What’s that supposed to mean?”

  “Right, Julie, like you don’t have a clue. Think you can pick up the phone and call the state bar and get them to reinstate me without sanction? Ready to call your boss and fade the heat for my comeback?”

  “Why are you so angry? I thought we had an agreement.” Julie pouted, sporting a look that Cory had once found endearing, but was not even remotely attractive now. She sighed. They did have an agreement, and she’d promised to keep up her end. The reward would make the struggle worth it. At least she’d hoped that was the case.

  “Sorry. I’m just tired and frustrated. Paul put me in charge of one of Greg’s cases since it looks like he’s going to be out for a while. The work is more exhausting than I expected.”

  “What case?”

  Cory heard the edge in Julie’s tone. “Don’t worry. I’m not working any Dallas County cases. This is one from a few years back. Out of Rinson County. Kidnapping, murder. Eric Washington.”

  “Waitress at the bar off I-20? I remember that case from the news. Didn’t he work with her? Didn’t he rape her too?”

  Cory had always been impressed by Julie’s ability to remember everything she’d ever heard or read. “He did work with her, but he wasn’t working there when she was murdered. He’d gone in to pick up his last paycheck the night she was abducted. Cops focused on him from the start. And they never charged him with the rape, only used it during punishment.”

  “Probably with good cause. Didn’t he have a rap sheet a mile long?”

  “Yes, but nothing like rape and murder.”

  “Robbery?”

  “Yes, but never with a weapon.”

  “Had to start somewhere. I recall she was pretty. College girl. He probably wanted her and she rejected him. He showed her who was boss and now he’s going to fry for it.”

  Not if I can help it. Cory surprised herself with the sentiment. She knew it would send Julie over the edge. Julie gave new meaning to the term black and white. She never bothered with pesky shades of gray since they only got in the way of her view of swift and sure justice. What had happened on the Nelson case had merely reinforced her world view. Julie believed that Ray Nelson had gotten away with murder, and nothing would dissuade her. Cory looked for a way out of this conversation. She wasn’t in the mood for a fight.

  “Well, maybe he will die, but last time I checked, we don’t fry people in Texas.”

  “Sorry, I meant he’d be enjoying the stainless steel ride.”

  “Don’t do that.”

  “Do what?” Julie’s look of surprise was genuine.

  “Joke about it.” Julie gave her a blank look and Cory knew she had to name the “it.” “Joke about killing someone.”

  “Lighten up. I’m not joking about killing someone. I’m adding a little levity to a necessary evil. If we want to protect the good citizens of the state of Texas, we have to kill a few of the bad ones.” Julie cocked her head. “I mean, it’s great for PR that you’re doing all this volunteer work for the downtrodden, but you’re not going soft on me are you?”

  She wasn’t, but talking about executions in the abstract was one thing. Talking about strapping Serena’s brother to a table and dousing him with a death cocktail was a completely different story. She’d never met Eric, but knowing the pain his death would cause Serena gripped her hard. Whether Eric was a killer or not, Serena was an innocent bystander, and she didn’t deserve to suffer. Cory made a silent vow she’d do everything in her power to make sure if the state of Texas was going to kill Eric, his death was justified.

  Julie intruded on her thoughts. “Join me for a quick breakfast before my appointment?”

  Her sudden desire to act like a couple irritated Cory. “I can’t. I told you, I have to get to the clinic. I’m late enough as it is.”

  “No need to gripe at me. It’s rare we have time to be together in the mornings. I just thought—”

  “We always have time to be together in the morning; you just choose not to take advantage of it, until now. What changed, Julie? Why the sudden cuddly lover routine?” Cory didn’t bother adjusting her tone. Julie’s careless remarks about Eric fueled the agitation that always lurked just below the surface. A night of sex had only served to shine a spotlight on their differences. Julie was content with physicality. She thrived on hungry bodies writhing their way toward release. She had no use for attendant feelings like love and compassion. No, she viewed them as a liability. Until recently, Cory felt the same. She couldn’t explain why, but suddenly she wanted more.

  Julie didn’t appear to be fazed. Already out of bed, she pulled on the rest of her clothes and strode over to Cory. “I know you’re stressed, and I can’t blame you. I promise this will all be over soon and things will be back to the way they were.” She brushed her lips against Cory’s cheek. “I’ll call you later.”

  In an instant, she was gone. Cory reached a hand to her face. There was a time a kiss from Julie excited her. Now she was only relieved that she was gone.

  *

  Eric Washington’s case comprised three banker’s boxes. One of them consisted of all the post-trial court filings. Hardly seemed right that a man’s life could be taken away from him with only a few boxes of paper to show for the fight waged in his defense. After reading through the transcript, Cory was already convinced Eric’s lawyers hadn’t put up a good fight. It was almost as if they were scared to challenge any of the state’s evidence. The ineffective assistance writ Ian had worked on made good, albeit unpopular, arguments that the trial attorneys provided ineffective assistance to their client, but such arguments were always an uphill battle. Lawyers protected their own. Mostly. Considering her own situation, Cory laughed at the irony.

  If she’d been on trial for her life, she would have expected her attorneys to take every risk imaginable. After all, what would she have to lose? Eric’s attorneys were well respected and they’d had to qualify for death penalty court appointments, but the record was clear. They’d played it safe, dancing around the testimony of the state’s experts, trying to poke holes, but never presenting evidence of their own to
challenge the damning conclusions. Cory didn’t have a clue what it took for indigent defendants to get funding to hire their own experts, but she’d seen defense counsel make it happen before, so she knew it could be done. A death penalty case seemed to make extra financing necessary. The affidavits the trial attorneys had filed in response to the ineffective assistance claim were a study in artful dodgery.

  Cory consulted her notes. She’d compiled a list of to-dos, but wasn’t quite sure where to start. Probably best to check with Paul for some guidance. A knock interrupted her thoughts. She looked up to see Skye Keaton standing in the doorway.

  “I don’t remember you being such a bookworm when you worked at the DA’s office.”

  Cory laughed. She’d never been a bookworm. She’d purposefully chosen trial work to be in the thick of things. Appellate attorneys read about cases. She lived them. Until now. “You got me. I’m going a bit stir crazy. Want to grab a coffee?”

  “Sure.” Skye jangled a set of keys. “On the way.”

  “On the way?”

  “We’re going to Huntsville.”

  “Kind of far for coffee.”

  “Time to meet the client. I’ve been doing some digging, and we can talk on the way. Paul’s secretary made us an appointment.” She glanced at her watch. “We need to hit the road if we’re going to get there on time.”

  Cory fought down a sense of panic. Meeting the client through volumes of paper transcripts was one thing. Meeting him through the bars of a jail cell was an entirely different matter. She’d been to jails before, interviewing witnesses in some of the cases she’d tried. But she’d never had to face a flesh and blood client on the other side of the cell.

  As if she could sense Cory’s hesitation, Skye grabbed her arm. “Come on. Like you always used to say, there’s no substitute for seeing something, or in this case someone, for yourself.”

  “Should’ve known those words would come back to bite me.”

  Twenty minutes later, armed with Starbucks, they sped out of town with Skye at the wheel. Cory checked the e-mail on her phone out of habit, but since she didn’t have access to her Dallas County address, the messages were sparse. Melinda wanted to know if they could meet for dinner. It’d have to be a late meal since they were in for about six hours in the car roundtrip. She typed back a quick response, asking Melinda to meet her at the office that night, before tucking her phone into the console between the seats.

  Skye waved a hand at Cory’s phone. “If you’re expecting any important messages, you should check in soon. We’ll lose cell signal in just a bit.”

  “It’s been a while since I made this drive. I used to teach at the baby prosecutor school down in Huntsville, but I’ve been too busy the last couple of years to get away.”

  “Work busy or personal busy?”

  “Is there a difference?”

  Skye chuckled. “I used to think that way. Until I got married. Now I know for sure there’s a difference.”

  The laid-back private investigator sitting across from her was substantially different from the hard-nosed police detective she used to know. One particularly prominent detail captured Cory’s attention. They were tooling down the highway in a Lexus sedan. “Hey, aren’t you a Harley gal?”

  Skye couldn’t hide a trace of disappointment. “I still have the Harley.”

  “Way to dodge the question.”

  “Yes, I’m a Harley gal. I love my bike.”

  “And the Lexus?”

  “Well, first, I don’t think I have a helmet that will fit your head. Second, the car was a wedding gift from Aimee.”

  “I sense there’s a third…”

  “There is. I decided to cut some of the risk out of my life since I’m about to be a parent. Besides, it cut my life insurance premium by about two-thirds.”

  “Wow, marriage, kids, life insurance. Who would’ve ever thought you’d become so domesticated?”

  Skye shrugged. “Not me. That’s for sure. I’m still the same person, but I have more than myself to live for, so I’ve decided to be a little more careful in my old age. But don’t get me wrong, I still have my bike, and Aimee and I take her for a regular Sunday ride to keep her in tune. “What about you? You have plans for a family someday?”

  The direct question took Cory by surprise. She’d worked at the DA’s office so long, everyone there had stopped asking about her personal life after she’d made it clear details were off-limits. Funny how she projected an image of keeping professional and personal separate when she did anything but. Certainly some of their co-workers had to know she and Julie were involved, no matter how circumspect they tried to be about their relationship, but they’d never hear any details direct from the source.

  A family with Julie was out of the question. They barely even saw each other anymore, and except for the other morning, neither of them seemed to want to hang around once they’d both orgasmed, and even those events were scattered these days. Her attraction for Julie had been all encompassing in the beginning. Aroused by Julie’s drive and confidence, she’d welcomed her advances. Their tryst lasted for years, but it never changed. Sex, shoptalk, more sex, and secrets. If news got out about their relationship, both their careers would be damaged—Julie for bedding one of her subordinates, and Cory for climbing the ladder by sleeping with the boss. That last wasn’t true, but no one would care enough to sort out the difference between the success she’d achieved on her own and the opportunities she’d been exposed to because of her relationship with Julie. Didn’t matter. No one could allege she’d received special treatment after the Nelson case had blown apart. The future promises Julie had made would forever be a secret the both of them would keep.

  “I haven’t given a family much thought.”

  Skye gave her a sharp stare and Cory imagined her thoughts were clearly visible. But she didn’t challenge Cory’s statement. “I think it’s one of those things that kind of sneaks up on you.”

  Not if you’re on guard. Despite her guard, Cory’s thoughts turned to Serena, and she wondered if Serena would want a family. Maybe not, considering her past. Or maybe her past would give her the resolve to nurture a child of her own, give something she’d never gotten. Why did her thoughts so easily turn to Serena whenever someone broached a personal subject? Time to change the subject. “Probably so. Want to talk about the case?”

  Skye seamlessly shifted gears. “Sure. I assume you’ve read the whole transcript.”

  “Yes. I probably need to talk to Nivens and Watkins.” She referred to the attorneys who’d represented Eric at trial. “I read the affidavits they wrote, and they steadfastly deny they did anything wrong.”

  “You really think they are going to tell you something different than they wrote in a sworn affidavit? I can tell you right now, it’s going to be a waste of time. Those two will say they did everything necessary and they have a plausible sounding excuse for every questionable decision they made.”

  Cory knew the drill. Defense attorneys weren’t going to go on record saying they did a bad job. She moved talking to them down on her list of urgent to-dos. “Okay, so what do you suggest?”

  “Client first. Then I made a list of everyone who was working at the bar during that time period along with all the witnesses included in the police report. We need to talk to all of them and the cops that worked the case, but before we do, I want to hear what Eric has to say.”

  “I can tell you what he’s going to say. He’s going to say he’s innocent.”

  “Isn’t that the point of this whole effort?”

  It was and it wasn’t. Unless they convinced the court there was a chance Eric was really innocent, he’d die as scheduled. But Cory wasn’t interested in buying into the belief herself. When she prosecuted a case, she got worked up about the guilt of the defendant, but she knew defense attorneys often didn’t care to know whether their clients were innocent or guilty. Protect their rights, guide them through the process. She’d do that for Eric, but she didn’t
have to lend a piece of her heart to a man she didn’t know, a man with a history of criminal convictions. An image of Serena flashed in her mind. Despite her guarded professionalism, she felt a tinge of compassion. More than compassion, really. She chose not to name the feeling. It would only get in her way.

  “Let’s just do what we need to do to get Eric a new trial. A jury can decide if he’s innocent or not.”

  “Juries make mistakes.”

  Cory caught the tone in Skye’s voice and knew she was referring to the Nelson case. Time to head her off the subject. “Juries make the best decision they can with the evidence they have.”

  “Like Nelson? Jury didn’t have all the evidence there, did they?”

  “Since when did you get so high and mighty? I seem to recall when you worked on the right side of the law and made a few close calls of your own.”

  “Close calls? Seriously, is that what you call withholding evidence from the other side? Yes, I did my share of making close calls. At the time, I thought I was doing the right thing.”

  “And now?”

  “Now I know better. If someone’s guilty of a crime, it will bear out. Nobody wins when you cheat the system.”

  “And it doesn’t bother you when murderers and rapists get off on a technicality?”

  “I decided to let the system work the way it’s supposed to. Truth rarely leads to injustice.”

  Cory wasn’t convinced, but the firm set of Skye’s jaw told her pushing the point was futile. “I know you think I blew the Nelson case.”

  “I think you did what you thought you had to do.”

  Skye’s assessment was close to right, but a bit off the mark. No way was Cory going to correct the assumption. All she wanted to do was put the whole case behind her. She let the comment go. There was nothing else she could say.

  Since their names were on the list, they were bumped to the front of the security line. Despite her experience with jails, Cory had never been to death row. She was familiar with ankle-cuffed inmates sporting jumpsuits, shuffling into the visitor’s booth to speak with her. She wasn’t prepared for the sight of Eric Washington, in chains, escorted by armed guards bearing electric cattle prods.