Beyond Innocence

by Carsen Taite

  But it didn’t. Every page reminded her of Cory, and how she’d fought so hard to get this information, yet seemed so disinterested in seeing the case to conclusion. Instead, Cory seemed to prefer to ignore the fact she’d been betrayed by her lover, choosing to return to the office that had hung her out to dry.

  Her lover. Julie. How could Cory choose Julie over her? Was it experience? She knew her own advances had been awkward, but she’d been convinced Cory had been aroused and satisfied.

  Cory had left several messages in the last hour. All of them imploring her to call. We need to talk. I need to explain. She’d thought she might be falling in love, and after last night, she’d been convinced it was true. But if she called Cory back now and let her smooth over the rejection she’d delivered, she’d be just like her, accepting less when she knew she needed more. Cory may be able to settle, but now that she’d experienced what she could have when her heart and mind were open to the possibilities, she wasn’t willing to do the same.

  She’d call Cory back. Eventually. When her plans were set, when she was strong enough to resist the pull of attraction and resolute enough to wait for real love from someone who would love her back. She’d been convinced Cory was that person, and the realization that she wasn’t was a hurt that would take time to heal.

  In the meantime, Eric’s looming execution date demanded all her attention. Paul was under the impression they could get a stay if they could find something in the boxes of evidence that raised an issue about Eric’s innocence. “I figure if I keep looking, something will pop up. I’ve started an index of all the materials we received this afternoon.” She handed him the detailed list she’d prepared. “I plan to compare it to the files we have to see what, if anything, was missing.”

  “Perfect. We can go over it in the morning. I’d stay and work with you, but today’s my anniversary and I promised I’d be home at some point, while it’s still today.” He glanced at the clock on the wall, which had just ticked past eight p.m.

  “I didn’t know you were married.” Serena felt silly at her own surprise. Of course, the people at the clinic had lives that didn’t include working on cases.

  “Indeed I am. Fourteen years. She’s an attorney too. She works for a non-profit environmental organization, so she’s more understanding than most. But on special occasions, we always make time for each other. I managed to send flowers today, which should keep me out of trouble, at least as long as I get home pretty quickly.” He delivered the last comment with a grin and he handed her a key. “Stay as long as you want. Just lock up when you leave.” He paused with his hand on the doorknob. “You know, you really can stay as long as you want. You’re really good at this work. If you ever decide you want a job, let me know. I’m sure I can find a grant to keep you on.”

  Serena didn’t have time to respond before he rushed out the door. Home to his wife. Home to celebration. Eventually, she’d go home too. To her steady, boring job. To her lonely apartment. To her solitary, passionless life. To hoping each day would bring distance so she could forget her feelings for Cory.

  Paul’s words echoed in her mind. You’re really good at this work. Stay as long as you want. An idea began to form, but she couldn’t focus on it right now. She picked up a file folder and spent the next hour meticulously reviewing the reports contained inside. The forensic lab had listed all the evidence it had received from both the police and the medical examiner. After she’d finished her list, she set the folder aside, but a nagging feeling caused her to pick it up again.

  She combed through the pages several times. She’d seen these pages before. They were part of the chain of custody documents introduced at trial, but something was different about this set. Still grasping the lab documents in her hand, she walked down the hall to what used to be Cory’s makeshift office, and located the boxes that contained the trial record.

  She’d practically memorized the transcript of the trial, so it only took a moment to find what she was looking for. The lab technician who had testified for the state had been on the stand for the better part of a morning, as the prosecutor introduced evidence of the testing that had been done on the evidence in the case. Eric’s fingerprints on Nancy’s car, at her house. The blood spatter evidence at Nancy’s house. Analysis of the weapon used in the crime. As she ticked off the items he’d testified about, she matched the reports offered into evidence against the ones in the folder they’d obtained from the DA’s office.

  Her hunch was right. The file from the DA’s office contained a document that hadn’t been introduced at trial. The medical examiner had done a rape kit complete with a vaginal swab and smear, pubic hair cuttings and combings. Based on the research she’d done, they’d had everything necessary to test for DNA, but nothing in either the trial record or in the DA’s file suggested DNA testing had been done.

  She could barely breathe. She’d struck gold. Hadn’t she? In this day and age, there was absolutely no reason for the state not to test DNA evidence, especially when they planned to put a man to death. At the very least, the fact that these samples had been collected was information that should have been shared with the defense.

  She picked up the phone, anxious to share her find, but put it back down again when she realized she had no one to share it with. She didn’t have Paul’s cell or home phone. Besides, he’d barely made it home in time to celebrate his anniversary. It was almost ten o’clock. There was nothing he could do with this information tonight. Still, she wanted, needed to tell someone, and she knew who that someone was.

  She scrolled through the missed calls on her cell phone. Cory had called six times. The way their last conversation ended, Serena hadn’t expected to hear from her again. She’d imagined they would both go back to their—what was it Cory had said? Respective worlds.

  But Cory had called six times. And every time the phone had rung, she had been tempted to answer. More than tempted. She longed to answer. To tell Cory that she knew last night had been special for both of them and that she didn’t understand why Cory wouldn’t admit it. Only pride held her back.

  Sitting alone, at the clinic, bursting with news, she craved a partner. Someone to share good times and bad. Someone she could trust, like she’d trusted Cory last night. Someone she loved and who made her feel loved in return. That Cory could evoke such strong emotions from her told her all she needed to know.

  Pride wasn’t going to get her what she wanted. She picked up the phone and dialed Cory’s number.

  *

  Cory peered over Serena’s shoulder, distracted by the faint smell of her perfume. She’d rolled out of bed to answer her cell out of habit. She’d never expected Serena would call her this late, or even at all, after their earlier, harsh exchange. She hadn’t asked any questions, only obeyed Serena’s plea for her to come to the clinic. She arrived close to midnight, excited about the prospect of seeing Serena again and hoping for a chance to start over. Serena had met her at the door, bursting with news.

  “See what I mean? They had DNA evidence, but they didn’t even bother testing it.”

  Cory gently eased the papers from Serena’s hand and studied them. When she was done, she set them down and motioned for Serena to take a seat. “You’re right. This could be huge.”

  “Could be? Seems like it is huge.”

  “Most big rewards come from taking big risks. If we get the judge to order DNA testing and it comes back as Eric’s, he will have absolutely no chance of winning his freedom.”

  “He said he didn’t do it. I believe him. I thought you did too.”

  “I do. I really do. But what if he slept with Nancy, but didn’t rape her? Maybe he didn’t want anyone to know, so he omitted that information. No one will believe that he didn’t kill her if his DNA shows up in a rape kit.”

  “He didn’t do it. He said he didn’t sleep with her, and I believe him.” Serena’s voice rose. “I never should’ve called you. I don’t know what I was thinking.”

  Cory moved
her chair closer and slid an arm over Serena’s shoulders. “Hey, I’m only telling you what Paul or Greg would tell you. I wouldn’t be a good advocate for your brother if I didn’t think about all the angles.

  “If you want to know what I really think, I’ll tell you. I think Rick Smith knew he could win a conviction against Eric with the flimsy circumstantial evidence he had. He didn’t want to risk testing the DNA, because if it didn’t come back as Eric’s, then he’d have a more complicated case. If the lab had tested the DNA, he wouldn’t have been able to keep it out of evidence, and if the DNA belonged to someone else, the defense would’ve pointed to that person as the suspect the police should’ve arrested. Rick figured what he didn’t know wouldn’t hurt his case.

  “That’s what I think. But as Eric’s lawyer, I have a duty to look at the overall strategy. The majority of DNA tests confirm guilt. I want to talk to Eric before we go any further with this because ultimately, it’s his decision. My advice to him will be to have the material tested. I’m sure the clinic has a contact for an independent lab that can do the testing pro bono, or at least at a reduced charge. I’ll call Paul right now. We should get a DNA testing motion ready to file first thing—”

  Serena placed her fingers across her lips.

  “What?” she mumbled.

  “You sound like a defense lawyer. ‘As Eric’s lawyer,’ ‘My advice to him,’ ‘I’ll call Paul.’ Did you forget that you’re going back to work at the DA’s office tomorrow?”

  She had. Totally and completely slipped her mind. When Serena called, she hadn’t hesitated. She’d left her bed and driven to the clinic for two reasons. She was Eric’s lawyer, and she wanted to see what Serena had found with her own eyes. But the primary reason she’d come running was because Serena had called, and it hadn’t really mattered why. Serena had wanted her to be the one who shared the excitement of her find, hear what she’d discovered, offer advice. She cherished the role, but she wanted more.

  “I don’t really know what my future holds. At least not as far as my career goes. What Skye found out about Julie, really rocked my world. I don’t know if I can go back to the job I had, knowing what I know now.

  “But here’s what I do know. Whatever my future holds, I want you to be a part of it. Do you think you could ever trust a prosecutor enough to give a relationship with one a go?” Cory held her breath while she waited for Serena’s response.

  A playful smile danced across Serena’s face. “I don’t really know any prosecutors. At least none who are currently employed. But I think I could definitely explore a relationship with a pro bono attorney who’s currently between jobs.

  “How about you? Do you think you could fall in love with a woman who quit her job and moved to another state to start over?”

  “What? You quit your job?”

  “Well, not yet, but I’m thinking about it. I need to start over too. I’ve spent my life never taking a chance on anything because I thought risks would always lead me down the wrong path. If I stuck to what was safe, I’d be happy. But I was never happy. Not until I took a chance with you. I love you, Cory Lance, and I want to give us a chance. You with me?”

  Cory pulled Serena into her arms. “Like I said, big rewards come from taking big risks. I love you too. Let’s be risky, together.”

  Chapter Twenty-two

  One month later

  Serena sat in the chair between Cory and Paul and leaned over to whisper in Cory’s ear. “Are you sure it’s okay for me to be up here?”

  “Sure. I told the judge you’re working as a paralegal for the clinic. He’s fine with you sitting at counsel table.”

  “My official start date isn’t until tomorrow.”

  “You know us lawyers. We’re always putting a spin on the facts.” Cory grinned and Serena smiled back. “Cut me some slack. This is my last official duty before I retire as a defense lawyer.”

  As Cory reviewed the papers in front of her, Serena leaned back in her chair and let the reality of her new life wash over her. She’d spent the last few weeks wrapping up her old job, her old apartment, and she was once again a resident of Texas. Her heart-to-heart with Don and Marion had included the revelation not only was she quitting her job and moving across the country, but she was in love. She still wasn’t sure they’d adjusted to any of her announcements, but they were sitting in the courtroom to support her today, and she was confident they’d come around.

  Cory had returned to the clinic to finish her work on Eric’s case, but when today’s hearing was over, she would go back to the Dallas County DA’s office to head up the Conviction Integrity Unit. After Frank Alvarez learned what had really happened with the Nelson case, he’d fired Julie and convinced Cory she could do her best work as a prosecutor making sure zealous advocacy didn’t mean cheating the other side. Cory relished the idea of getting another chance at her chosen career, but she’d been cautious when she’d broached the plan with Serena.

  Cory had relayed the offer, then stated the obvious. “We’ll be on opposite sides.”

  “If we’re both looking for the truth, we’ll always be on the same side.”

  “I think you know it’s not always that simple.”

  “I do, but nothing worth having ever is. Do what you love. It’ll make you happy and I want you to be happy.”

  “What did I ever do to deserve you?”

  “You took a risk. We both did. And boy, did it sure pay off.”

  Whatever their future held, she was grateful Cory was sitting at the defense table today, even though Cory had assured her this hearing had been choreographed in advance and promised there would be no surprises. In a few minutes, the bailiffs would bring Eric to their table, dressed in the new suit Serena had purchased the day before. Then Judge Fowler would take the bench and make a show of reviewing the motions that had been filed in the case.

  When the DNA results had confirmed that Dale Bolton, the witness who pointed the finger at Eric, had been the one who’d raped Nancy McGowan, the case against Eric fell apart. Bolton’s jailhouse bragging, Wilkins’s revised testimony, and the DNA were enough to grant Eric a new trial, but the Rinson County DA had already admitted defeat. Rick Smith had been suspended for failing to turn over the evidence about the rape kit, and Cory and Paul had persuaded the DA to join them in a motion to set aside Eric’s conviction. The hearing that was about to take place was all for the cameras.

  And there were a lot of them. Serena counted six news outlets among the crowd in the courtroom. She could understand all the media attention, but who were all the other folks filling the seats? Don and Marion sat in the first row, but she didn’t recognize any of the other faces in the crowd. She asked Cory who grinned again.

  “Paul wanted to pack the house since it’s great PR for the clinic. I got Melinda to make all the first year associates at her firm come watch. The rest are students from the law school. It’s good for them to see real justice in action.”

  Serena realized these events were usually populated by friends and family of the wrongfully convicted, not a room full of strangers. She’d told herself she wouldn’t cry today, no matter what, but she felt tears begin to well and she was too choked up to talk.

  Cory leaned close and asked, “You don’t mind the crowd do you?”

  She had to get a grip. The hearing hadn’t even started. She cleared her throat. “Mind? No, I don’t mind at all. Especially since no matter what you say about why these people are here, I know you wanted there to be a crowd for Eric’s sake, not just so the clinic could get new donors.” She dropped her voice to a soft whisper. “I love you more every day.”

  Before Cory could respond, the bailiff shouted, “All rise!” and the crowd lumbered to its feet. Judge Fowler took the bench. The rest was a blur. Moments later, Eric wrapped her up in a big bear hug and then everyone was hugging—lawyers, court personnel, students, strangers. The crowd flowed into the hall and posed for pictures in front of a hungry press corps before they adjourned to the
clinic to celebrate with a catered barbeque dinner. A few hours passed before the crowd finally began to thin out, and Serena wandered through the halls looking for Cory.

  She found her sitting at the folding table she’d used as a desk during her term at the clinic. “Hey, lover, what’re you doing in here all by yourself?”

  “I just wanted to clean up this space before I left. Did I miss anything?”

  “Nope. All the food and beer are gone and most everyone’s headed out. Paul arranged for Eric to have a hotel room. I invited him to come with us, but Paul suggested he might want to be by himself for the first few nights, to adjust. You about done?”

  Cory pointed at the neat stack of documents on the edge of the table. “That’s my final report on the case. I guess this chapter is closed. You ready to go home?”

  “With you? Absolutely. There’s no place I’d rather be.”

  THE END

  About the Author

  Carsen Taite works by day (and sometimes night) as a criminal defense attorney in Dallas, Texas. Her goal as an author is to spin plot lines as interesting as the cases she encounters in her practice. She is the author of six previously released novels, truelesbianlove.com, It Should be a Crime (a Lambda Literary Award finalist), Do Not Disturb, Nothing but the Truth, The Best Defense, and Slingshot. She is currently working on her eighth novel, Battle Axe, the second book in the Luca Bennett bounty hunter series. Learn more at www.carsentaite.com.

  Praise for LAMBDA Literary Award Finalist Carsen Taite