Beyond Innocence

by Carsen Taite

  Cory leaned in and kissed her again, savoring the touch since it would need to last for the next few hours. “We’ll figure something out. I’ll hurry.”

  Cory spent the next few hours working, her mind divided between remembering the pleasure of Serena and worry about the plight of her brother. She was lost in thought when Paul cleared his throat.

  “Your arguments are well-articulated, your writing is top-notch. You’re sure you haven’t done any appellate work before?”

  “What? Uh, no, not a lick. I’m good on my feet, but brief writing is not my favorite way to get my point across.”

  “Maybe it should be. You have a gift for it.”

  Cory wasn’t sure how to respond. “So you think it’s ready to file?”

  “I do.” He handed her the sheaf of papers. “Just change the signature line and it’s ready to go.”

  Cory was confused. “I’m sorry?”

  “I figured you’d want me to sign as lead counsel. The judge will expect whoever files the writ to argue at the hearing. The judge will probably want to review the record before setting a hearing. Even if we’re lucky and get a quick hearing, I doubt Greg will be back in time. I’ll handle the arguments. You can bring me up to speed on anything you think I need to know.”

  Of course. It would be awkward if her name were on an appellate brief for a death row defendant after she was back at the Dallas DA’s office, working as a prosecutor. Still, the prospect of handing over her work, walking away from Eric’s fate, left her numb.

  “Cory, are you okay?”

  She looked at Paul, hearing his words, but not really processing his question. “What?”

  “I asked if you’re okay?”

  She needed to pull herself together. “I’m fine. Just tired I guess.”

  His stare told her he thought there was something more to her distraction. “Why don’t you take the rest of the day? Rest, relax. I’ve got some candidates coming in later this week, possibly to fill in for Greg on an interim basis. You can help me bring them up to speed.”

  “How is Greg?”

  “He’s itching to come back, but his doctor was clear about his need to take time off. And I have to agree. Even in the short time you’ve been here, you’ve come to realize what a stressful job this is.”

  Was working on death penalty appeals more stressful than prosecution? She hadn’t given the comparative stress level much thought. It was different, that was for sure. As a prosecutor, she’d been convinced she was defending the rights of the downtrodden, society’s victims, but she’d worked on the side of a different kind of downtrodden over the past two months, and she had to admit, many of the clinic’s clients were also victims. Just not the popular kind. Did that make the work more stressful? Maybe, but righting wrongs was fulfilling, no matter what the circumstance.

  On some level, she would miss the work at the clinic, but she could do one last meaningful act. “Hey, Paul, you mind if I file the writ? After you’ve signed it?”

  “You don’t need to drive all the way out there. We can have one of the interns run it to the court.”

  “I’d like to do it myself.” Symbolic though it was, filing the brief she’d poured her heart into would be the one last thing she could do for Eric, for Serena. “I’d like to be able to tell Serena I personally delivered a copy of the writ to the judge.”

  He didn’t ask her motivation, but he did study her for a long moment. She didn’t know what she would say if he asked why it was so important for her to do this for Serena. A variety of thoughts flashed through her mind—because I care about her, because I’d do anything for her, but one idea shone more brightly than any of the others. Because I’m falling in love with her.

  “Sure, you can file the writ.”

  Paul’s words barely scratched the surface of her trance. She took the packet from him and drove to the Rinson County courthouse, as if on autopilot, desperately trying to process her feelings. The realization she might be falling in love with Serena consumed her. She couldn’t be falling in love. As Paul had just reminded her, she would be back at the DA’s office soon, and Serena had her own life, back in Florida. Eric’s case was the only thing connecting them, and except for the clerical act of filing the stack of paper, her involvement was over. Ostensibly, nothing could hold them together, but she couldn’t deny the powerful pull of something more than physical attraction, affection. Could it really be love?

  Whatever it was, she felt emboldened. She filed the writ with the clerk and hand-delivered a copy to Rick Smith. Then she asked him to approach the judge with her to discuss a possible hearing date, and she surprised both him and herself by taking the opportunity to take another stab at her motion for discovery.

  Judge Fowler took a moment to glance through the brief before putting Rick on the spot. “Looks like we have grounds for a hearing, Mr. Smith. I’m sure you don’t have any objections to opening your file at this point.”

  “Well, actually, Your Honor, I’ll need to talk to my supervisor about our current policies.”

  “We’ll be happy to adjourn for a moment if you’d like to take care of that now. Let him know that if you can’t come to an agreed discovery order, I plan to enter an order of my own today.” A hint of a smile played on the judge’s face, and Cory enjoyed watching Rick squirm. It was his file, his call. She knew it, and apparently, the judge did too.

  “Thank you, Judge. I think we can agree. I’ll need some time to gather the files and do any necessary redactions.” He cleared his throat as the judge fixed him with a stare, and then added, “We can probably have most of it ready later today.”

  Cory chimed in. “That’s fine with us.” She paused for a moment, but then decided she should make her role clear. “Judge, Paul Guthrie, will be handling the case from here on out. I’ll let him know about our agreement and he’ll contact Mr. Smith directly to make arrangements to review the file.”

  “I haven’t seen Paul in a while. I’ll look forward to seeing him in my court. Thanks, Ms. Lance. It’s been a pleasure meeting you.”

  Cory left the courthouse with mixed feelings. A sense of accomplishment with the developments in the case mixed with confusion about what to do next. She needed to see Serena, but she didn’t have a clue what she would say, what she would do when she did. She picked up the phone to call, but it rang before she could punch the numbers. She recognized the incoming number. Not Serena, but still someone she needed to deal with if she had any hope of figuring out her life. And she wanted—she needed—to figure out her life. She answered the call.

  *

  “Paul, have you seen Cory?”

  Serena had waited in her motel room as long as she could, but it was almost noon and she’d driven to the clinic to surprise Cory. After making love the night before, the few hours away had seemed like forever. She poked her head in Cory’s makeshift office, but she wasn’t there. As much as she didn’t want to be obvious about seeking her out, she finally gave in and knocked on Paul’s door.

  “Hi, Serena. She was here, but she left about…” He paused to glance at his watch. “About nine this morning. She finished up the writ on Eric’s case and took it to Rinson County to file it. In fact, I have a copy for you, somewhere around here.”

  As Paul searched through his desk, Serena did a rough mental calculation. The trip to Rinson, took about forty-five minutes. Seemed like Cory should’ve been back way before now. She considered calling her, but if Cory was in court, she didn’t want to risk interrupting. Maybe she’d see if she could do some filing while she waited for Cory to return. Paul’s voice cut into her thoughts.

  “Here you go.” He handed her the stack of papers designed to save Eric’s life. She couldn’t resist flipping through, feeling the weight of the arguments in the heft of the document. When she reached the last page, she saw Paul’s scrawling signature in the space where Eric’s counsel was to sign, and she was surprised. She’d expected to see Cory’s name, since she’d put in all the work.
Maybe it was customary to have the head of the clinic sign all the documents they filed. “I know Cory worked really hard on this. Is there a reason she didn’t sign it?”

  “My call. She may be back working at the DA’s office by the time the case is set for a hearing. The judge will expect whoever signed the writ to make the arguments. I thought it would be easier on everyone this way. Cory has brought me up to speed on all the arguments, and I promise I’ll do his case justice.”

  Serena had no doubt Paul would do a great job on Eric’s behalf, but she couldn’t help being distracted by his reference to Cory’s return to the DA’s office. She shouldn’t be surprised. Working as a prosecutor was Cory’s career, her entire livelihood. Did she think that would change because of one night of sex? She had to admit, she’d dared hope it might. A tinge of worry settled in. Had she risked too much? She’d finally experienced true intimacy, but without knowing what came next, the satisfaction was hollow.

  You’re being too dramatic. You should talk to Cory, see what her plans are for the future before you write yourself out of them. “Do you have any idea when Cory will be back? I’d like to thank her for her work.”

  “I’ll be happy to pass along the message. I told her to take the rest of the day off, and I heard someone say her supervisor at the DA’s office called here looking for her earlier. I don’t expect to see her until tomorrow, if then.”

  If then. Serena struggled to process the implication, but she could barely breathe. Cory’s words from this morning echoed. “I’ll call you when I’m done…I’ll hurry.” But those promises flew out the window when the call came from her past. She hadn’t even called to say there’d be a change of plans.

  Julie Dalmar’s face loomed in her memory. Possessive, controlling, gorgeous. Seemed like Cory found another call more worthy. Serena thanked Paul for his work and rushed out. When she reached her car, she let out a bitter laugh. She had nowhere to be, no one to meet, nothing she had to do. Before Cory, she wouldn’t have cared, would have even enjoyed the lack of connection to anyone or anything that could evoke feelings of affection, want, love. But now, she’d glimpsed what was possible when she let herself feel. The thought of losing what she’d barely found was the loneliest feeling of all.

  *

  Cory stood as Melinda approached. She’d been waiting in the lobby of the Dallas DA’s office for thirty minutes and Julie had stuck her head out several times, impatiently asking if Cory was ready for their meeting. She’d held her off each time. She could handle a meeting with just Julie, but she’d been called back to meet with the elected DA, Frank Alvarez, and since Julie had made it clear her future with the office was on the line, she wanted her attorney present.

  “Hey, girlie, where’s the fire?”

  Melinda made her usual ruckus entrance, and Cory was grateful. She needed someone she could trust to be completely in her corner. Julie’s phone call had left Cory wondering if she even wanted to take this meeting.

  “I talked to Alvarez, told him I wanted to go ahead and bring you back on board. He wants to meet with you. This morning.”

  “Okay.” Cory kept her tone cautious.

  “Wow, thought you’d sound a little happier than that.”

  As usual, Julie hadn’t even considered that Cory might have mixed feelings. She’d been ousted from her job and forced to work against everything she believed in just to have the chance of getting back to her chosen profession. Julie had made promises at the onset, but she’d done nothing in the interim to bolster the blind trust Cory had placed in her, in their relationship. They’d handled the Nelson case as a team. The only reason Cory had taken the fall on her own was because Julie had more at risk. She’d been at the office longer; she was on the fast track for a leadership position in the new administration. An accusation of prosecutorial misconduct would have meant sure termination. On the other hand, Cory had no aspirations to be part of “management.” Her goal was to be the best litigator she could be, and Julie had assured her when things blew over, she could return to the work she loved. Yet, now Julie expected her to jump when she called and pant with joy at the prospect of possibly getting her job back.

  “I am happy,” Cory said, even though she wasn’t entirely sure she was. Things had changed. Not just between her and Julie. Being with Serena had given her new perspective about not only relationships, but her career path. She wasn’t sure she could return to the job with the same sense of righteousness she’d had when she left. Maybe she’d be a better prosecutor for the experience. But was that what she wanted?

  “Good, because this was harder than I thought it would be. I had to do a lot of talking to get Alvarez to come around. I convinced him that all this do-gooder work you’ve been doing makes you more well-rounded, and since he’s really into the whole integrity of the process crap, he agreed to meet with you and at least talk about it.”

  “Well, aren’t you generous?” Cory didn’t try to hide the sarcasm, but Julie was unfazed.

  “Do you want the meeting or not? I told him your schedule was flexible since you’re just a volunteer at that place and he’s got an opening in an hour. I suggest you be here by then.”

  She’d disconnected the call and studied her internal angst. She had always trusted Julie, but her confidence that Julie would do the right thing had shifted recently. Julie took and took, only giving when she could benefit from the bargain. She’d admired Julie’s tenacity, her willingness to sacrifice everything for success, but witnessing Serena’s situation gave her a different perspective. Serena had given up her home and risked her career for a brother she barely knew anymore. Her willingness to sacrifice meant giving up what she wanted, not what others needed. The difference was stark.

  No longer sure Julie would protect her interests, Cory had called Melinda and asked if she would join her for this meeting. She wasn’t sure what she wanted Melinda to do, other than level the playing field. Cory had filled Melinda in but left out the part about how she’d agreed to take the fall for Julie when the Nelson case fell apart. She’d keep that secret as long as Julie kept her end of the bargain.

  “I feel a little silly for dragging you down here. Guess I just want a witness for this meeting. I think Alvarez is going to reinstate me, but I don’t know how that plays into the state bar suspension. I figured you could help navigate that part of things.” The look on Melinda’s face said she knew Cory was holding something back. She felt bad for fudging the truth, but that was as much as she felt comfortable saying at this point.

  “Sure, but you’re going to owe me a really good bottle of wine when this is over.” She stood. “Let’s go take this meeting.”

  Frank Alvarez was an extremely tall hulk of a man. His imposing physical presence contrasted sharply with his kinder, gentler approach to prosecution. Cory had only met him in passing, which wasn’t surprising considering the large number of employees in the office, but she was generally impressed with his knowledge of the law and his apparent willingness to make changes in an environment that many viewed as stagnant. His first step as the newly-elected DA had been to set up a new unit within the office to handle writs claiming prosecutorial misconduct and actual innocence claims. Julie bitched about him behind his back about what she called his soft on crime approach, but in public, she sang his praises. She’d do whatever she needed to do to climb up the ladder, but Cory had never considered that Julie’s ambition extended to stepping on her back on the way up.

  “Cory, it’s good to see you. Thanks for coming by on such short notice.”

  She shook Frank’s outstretched hand and returned the firm grip. “Thanks for the opportunity, sir.” She introduced Melinda as her attorney, and added, “She’s assisting me with the proceeding at the state bar. I brought her along in case there are any issues that overlap.”

  He motioned for both of them to have a seat. “Good idea. Frankly, I don’t know what’s involved with regard to this probationary period they have you on, but I’m ready to discuss having
you back here. Julie has described the work you’ve been doing, and I’m impressed that you’ve taken it upon yourself to get some perspective.”

  Julie sat in a chair close to Frank’s desk and beamed as if Cory’s work at the clinic had been her brainchild. Cory wanted to smack her, but she had to admit, Julie was keeping her end of the bargain. Still, she couldn’t resist a slight jab. “I can’t take the credit for the clinic work since it was Melinda’s idea. She negotiated the deal with the state bar and convinced Paul Guthrie to take me on.”

  Melinda chimed in. “Mr. Alvarez, I can assure you that your word would go a long way with the bar examiner assigned to Cory’s case. Her probation is almost over anyway.”

  “Then I’m prepared to call whoever I need to. We’re shorthanded around here, and it’s been a real hardship being without one of our more experienced prosecutors.”

  Cory breathed a sigh of relief. When she’d entered the doors of the courthouse, she hadn’t been entirely sure she wanted to return, but now it seemed the decision had been made. Julie had kept her promise; the new boss was willing to intercede with the state bar to get her back, and judging by Melinda’s big smile, she considered Cory’s reinstatement a win. Who was she to argue differently? Besides, what else would she do? She worked her whole life to have this career. She had a second chance to make it work and she wasn’t going to squander it.

  “Julie has drafted a formal apology for you to sign. We’ll need your signature before you can return. I assume you and Ms. Stone will want to review the language, but I’ll tell you right now, I’ve already approved it and there’s not a lot of flexibility.” He handed her a sheet a paper. “There’s an empty office down the hall if you need a moment to talk it over.”

  Cory read the first few lines:

  I, Cory Lance, acted on my own and improperly withheld evidence from the defense in a pending case. No one else at the district attorney’s office was either aware of my actions or instructed me to act in this manner. I sincerely apologize for my actions…