By Reason of Insanity (David Brunelle Legal Thriller Series Book 3)

by Stephen Penner

  “You did?” Kat asked.

  Brunelle shook his head. “No blood spurt out or anything, but it was kind of all over the place. And Larry was the hero. He smashed that bitch into the floor. I’m more the goat. If I hadn’t called everyone into the corner, she never would have gotten the chance.”

  Kat squeezed his hand again. “Don’t be silly. She’s responsible for her own actions. Well, kind of. I mean, she’s crazy, right? So there’s no way to know what she might do.”

  “Kind of my point,” Brunelle responded.

  “Well, I’m the cop,” Chen offered. “It’s more on me than you. And it’s really on that corrections officer. He never should have let it happen.”

  Brunelle shrugged. “Still…” he protested weakly.

  “Well, if you feel so bad,” Kat said, pulling her hand back to continue eating, “maybe you should go visit her in the hospital or something.”

  Brunelle froze. Fuck.

  He could agree and leave it at that. Or he could admit that he already had visited her. Nothing wrong with that, right? In fact, she’d just suggested it, so it must be okay. On the other hand, it was different to do it after she’d suggested it than to do it beforehand and not mention it at all. She’d hear about it eventually anyway. But maybe if he shut up right then, by the time she heard about it, she might think it happened after her suggestion. Then again, if he didn’t admit to it right then, in response to a very specific suggestion, and then she figured out he’d already gone, well, that would be the worst possible result. She’d know he had kept it from her intentionally. He had nothing to be ashamed of, except for his feelings and motivations. Ironically, keeping quiet just then was the most likely way to expose them.

  He cut off a piece of steak. “Actually, I already did,” he tried to say casually, then stuck the food in his mouth.

  Everyone’s eyebrows raised. “You did?” Chen asked.

  “You didn’t mention that earlier,” Kat observed. She was grinning, but it was more Cheshire Cat than happy Kat.

  “I think,” Evie said as she pushed away from the table, “I’m going to use the restroom.” She looked at her husband. “Maybe you should go too,” she more than suggested.

  Chen was obviously familiar with his wife’s tone. “Yes, dear.” He stood up and looked down at Brunelle. “Good luck.”

  Once they’d left, Brunelle glanced sideways at Kat. “Was it something we said?” he tried to joke.

  “I think it was something you didn’t say,” Kat replied. She was still talking between bites. Brunelle thought that was probably a good thing. If she were really angry, she’d have her utensils down. Or at his throat.

  “Why didn’t you tell me about the stabbing?” she asked.

  Brunelle shrugged. He decided to keep eating too. It gave him something to look at besides Kat. “I guess I just forgot.”

  “Did you forget to tell me you visited her too?”

  “I guess so. Sorry.”

  Kat shook her head and thought for a few moments while she chewed another bite.

  “She’s cute, isn’t she?” she asked without looking at him.

  “Not any more,” Brunelle deadpanned.

  “Nice,” Kat laughed. “I forgot how sensitive you can be.”

  Brunelle ventured a grin. “Part of my charm.”

  “Is that why you didn’t tell me?” Kat pressed. “Because you thought I’d be jealous?”

  Brunelle shrugged again and took another bite. They were sitting next to each other, so it was awkward to look at her. “I dunno. Maybe. I guess I just don’t always tell you everything that happens to me.”

  Kat nodded for a few seconds. She took another bite and washed it down with a sip of wine. Then she reached out and turned his chin toward her. “Relax, David. I’m not looking to get married again. Not any time soon anyway. And maybe not to you. Who knows? Larry thought this would be fun. He said you’d been stressed out lately. I noticed it too. You have a stressful job. Seeing a young woman get attacked like that doesn’t help. I don’t want to add to that stress. We’ll go to Hawaii or we won’t. We’ll spend Christmas together or we won’t. We’ll end up an old married couple or we won’t. But relax. We’ll take it at our own pace and it’ll work out or it won’t.”

  “I want it to work out,” he said. This time it was him who took her hand.

  “I know.” Kat smiled. “Me too. So relax and let it. Otherwise you’re going to have a nervous breakdown.”

  Brunelle laughed. “I’ve spent enough time with psychologists and crazy people lately.”

  “Then let’s chill out so you don’t get involuntarily committed.”

  “I’m all for that,” he quickly agreed.

  Then Kat got an evil grin. “Wanna have some fun?”

  Brunelle looked around. “What? Right now? Here?”

  Kat smacked him again. “Not that, Romeo. Geez. There’ll be time for that later. No, when Larry and Evie get back, let’s pretend like we just had a huge fight.”

  “Ooh, that’s not very nice.”

  “I have a nasty streak too, David,” Kat seemed proud to say. “Let’s play a little. No reason you should be the only one going crazy.”

  Chapter 26

  “Is he fucking crazy?”

  Brunelle threw his hands in the air when Duncan delivered the news. “Fargas is suing us? Us? The prosecutor’s office?”

  “He’s suing everybody,” Duncan confirmed. “Us. The jail. Western State. Even the drug company that made her anti-psychotics. Everybody.”

  “Everybody with a deep pocket,” Brunelle clarified. “When did this happen?”

  “This morning,” Duncan answered. “He filed the complaint as soon as the clerk’s office opened.”

  “The trial starts next week,” Brunelle complained. “He couldn’t wait one fucking week?”

  “Civil thinks the timing is intentional,” Duncan said. “To box you in.”

  ‘Civil’ meant the civil division of the prosecutor’s office. The largest and most high profile division was the criminal division. Brunelle had spent his entire career in the criminal division. But the office was also the law firm for all of the county’s agencies, giving legal advice and, when necessary, defending against lawsuits filed against the county. The lawyers over there were a different breed from criminal prosecutors like Brunelle, but they were all on the same team.

  “How does this box me in?” Brunelle asked. “It pisses me off. One week before I start picking a jury and the news is going to be filled with how this woman is crazy and everyone in the world except her is responsible for the murder of her mother. Yeah, that pisses me off, but I don’t see how it boxes me in.”

  Duncan sat down in his desk chair and motioned Brunelle to sit opposite him. “Well, it’s like this. Fargas’ theory of liability is that Western State never should have released her because she was dangerous.”

  “Obviously,” Brunelle answered. “He shouldn’t have too much trouble proving that.”

  “Exactly,” Duncan agreed. “So that’s why they’re suing Western State. But remember why she was there. She committed a robbery that we dismissed.”

  “We had to dismiss,” Brunelle protested. “Western State said she was incompetent.”

  “And you, good sir, just proved she’s not any more. Congratulations. So, Fargas is alleging that we should have refiled the robbery charges when she was released. If we had, she would have been in jail instead of at home hacking her mother to bits.”

  “Are you fucking kidding me?” Brunelle slapped his forehead. “The grapes case? That would have been pled down to a shoplift and she would have gotten credit for time served. She would have been out on the street either way.”

  “You and I know that,” Duncan agreed. “And Fargas does too, I’d wager. But the standard range sentence on a Robbery One is three years in prison. If we’d refiled and convicted as charged, then she would have been in prison.”

  Brunelle pinched the bridge of his n
ose. “So, because I won the competency hearing, we’re being sued?”

  Duncan shrugged. “We were probably going to get sued either way. But yes, that helped. Way to go.”

  Brunelle frowned, shaking his head. “Okay. Fine. But I don’t see how I’m boxed in.”

  “Did you notice who isn’t being sued?” Duncan asked Socratically.

  “I haven’t seen the actual complaint,” Brunelle pointed out. “Did he leave someone out?”

  “He’s only suing the government agencies, not the individual doctors. Or,” he pointed at Brunelle, “prosecutors.”

  “Me?” Brunelle laughed darkly. “I don’t have deep pockets. I work for the government. Besides, I have immunity for things I do as a prosecutor.”

  “Only if those things are ethical,” Duncan said,

  “What the hell does that mean?” Brunelle snapped.

  “It means that if, say, you intentionally lost the case to undercut Fargas’ lawsuit against the prosecutor’s office, then he could sue you personally.”

  Brunelle sat up straight. “I would never do that.”

  “Of course not,” Duncan agreed. “And Fargas knows that too. Probably. But by filing his lawsuit before you begin your trial, if you lose, he can claim you did it on purpose. It insulates his lawsuit from an acquittal in your case.”

  Brunelle ran a hand over his head. “Fuck. Matt, she’s nuts. I may very well lose this case no matter how hard I try.”

  “I know.” Duncan nodded. “So get ready to get sued if you do.”

  Brunelle looked at his shoes and shook his head. “Could this get any worse?”

  “I’m afraid so,” Duncan said.

  Brunelle looked up at him. Duncan frowned. “If you lose, to protect the office, Civil says we might have to fire you.”

  Brunelle stared at his boss for several seconds. Then he lowered his head into his hands. “Well, fuck.”

  Chapter 27

  The Readiness Hearing was the Friday afternoon before trial. Not all of the judges still held them, but Perry did. He was a control freak after all. As the name suggested, it was the time for the attorneys to confirm they were ready for trial. Perry took the bench promptly at one o’clock.

  He started with Edwards.

  “Is the defense ready for trial?” he asked.

  “Yes, Your Honor,” Edwards rose to respond.

  “And are you still pursuing a diminished capacity defense?”

  “Yes, Your Honor.”

  Perry frowned. “I’ve read all the reports. Ms. Edwards. Despite what I said earlier, I’ll give you one last chance. Are you absolutely certain you don’t want to seek a verdict of not guilty by reason of insanity?”

  “Quite certain, Your Honor,” Edwards replied. “Thank you.”

  Perry sighed and shook his head. He turned to Brunelle.

  “Are you ready to get started, Mr. Brunelle?”

  Brunelle considered the last few weeks. Echoes of the judge’s question bounced around inside his mind, each taking on a different voice.

  Are you ready to get started? Perry had asked.

  Are you ready to get beat? Edwards’ voice taunted him.

  Are you ready to get sued? Fargas asked.

  Are you ready to get fired? Duncan asked.

  Are you ready to get serious? Kat asked.

  Are you ready to get married? Chen asked.

  Are you ready to get crazy? Robyn asked.

  “Yes,” Brunelle answered. “I’m ready.”

  Chapter 28

  Jury selection took too long. Too many people had heard too much about Fargas’ damned lawsuit. The ones who knew a lot or had strong opinions about it were excused for cause. The ones who insisted they could be fair despite their obvious bias were bounced by the attorneys using one of the six peremptory challenges each side got. The folks who were left made up the jury—like the old joke about no one wanting to be judged by twelve people too stupid to get out of jury duty.

  The whole process had taken almost two days. It was late on Tuesday afternoon when the jury was sworn in. Too late in the day to fit in both Brunelle’s and Edwards’ opening statements, so Perry adjourned early and directed everyone to return first thing in the morning. That would give the attorneys time to fine tune their presentations, and the media time to arrive and set up. Jury selection was boring. But opening statements in the case with the crazy woman who murdered her mother because she was turning her into a zombie and she never should have been released from the nut house in the first place? That was going to lead the news.

  As Brunelle approached the entrance to the courtroom the next morning, he passed a row of reporters wearing headsets and bent over laptops connected by cables to the single ‘pool camera’ Perry had allowed inside. Brunelle knew most of them and nodded as he went by. Inside, he recognized a few more reporters in the first row and spied the pool camera in the back corner, already aimed at where he and Edwards would stand to deliver their openings.

  He set his things down on the prosecutor’s table and caught Edwards’ eye. They nodded to each other but didn’t say anything—like former college teammates now on different pro teams. All friendship and respect before the game, but no mercy once the whistle blew. She was already settled in, her client having been brought in the secure side door well before anyone could see her in cuffs. She was dressed in regular street clothes too. Jurors weren’t allowed to see that a defendant was being held in custody prior to trial. It might prejudice their verdict if they knew the judge thought the defendant was too dangerous to walk the streets. So these jurors would hear about a paranoid schizophrenic who hacked her own mother’s face off with a hatchet, but be expected to believe she was out on her own recognizance. And the three armed corrections officers stationed right behind her and at each exit were just extra bailiffs. No, really.

  Brunelle scanned the gallery for familiar faces. He knew he wouldn’t see Kat or Chen; they were witnesses and witnesses had to remain outside the courtroom until they testified. The only exception would be Thompson and Adrianos, who’d be allowed to hear each other’s testimony but no one else’s.

  Duncan was in the first row, along with a couple other prosecutors Brunelle knew. Similarly, a few of the public defenders had stopped by to hear the openings before returning to the Pit. He knew Nicole wouldn’t be there; the secretaries actually had work to do. And Fargas was in the second row, next his clients, arms crossed and a frown under that stupid moustache.

  But the one face Brunelle was hoping to see wasn’t there.

  Probably just as well, he told himself.

  Perry took the bench at the stroke of nine. After confirming with the lawyers there were no issues to be taken up before openings, the real bailiff led the jurors out of the deliberation room. Just as they finished filing into the jury box and sat down, the door to the hallway opened one last time and in slipped a young redheaded defense attorney who took a spot standing in the back.

  Brunelle made eye contact with her. She stuck one finger in her dimple and the other in the mottled scar on her opposite cheek, just below her eye. Then, with a huge grin and slight curtsy, she twisted both fingers like Shirley Temple.

  “Ladies and gentlemen of the jury,” Perry boomed. “Please give your attention to Mr. Brunelle who will deliver the opening statement on behalf of the prosecution.”

  Brunelle stood up, straightened his suit coat, and faced the jury.

  Showtime.

  Chapter 29

  “When I was in third grade,” Brunelle began his opening statement to the jury, cameras rolling, friends and colleagues in the gallery, a woman’s life hanging in the balance, “I stole a candy bar.”

  Not what anyone expected for an opening statement on a murder case. Good. He had their attention.

  “It was called a ‘Powerhouse.’ I don’t think they even make those any more. It had a blue wrapper, I remember that. And I remember exactly how that rack of candy bars looked that day. The Powerhouses were on
the bottom, to the left. I can still see my hand reaching out for that damn candy bar.

  “I didn’t really want to steal that candy bar. I mean, I liked Powerhouses a lot. And I’m pretty sure I ate it afterwards. But it wasn’t like I didn’t have the money, or my parents wouldn’t let me eat candy at home, or anything like that. No, I could have bought it and eaten it and everything would have been fine. That’s what I should have done, if it was about eating the candy. But it wasn’t. It was about stealing. I stole the candy bar so I could steal something. That’s what I was trying to do.

  “I was with some friends that day. That’s pretty much why I did it. They dared me, so I did it. I don’t even remember who they were. They weren’t good friends. They weren’t the kids I think of when I look back on grade school and remember my friends. It wasn’t Zack or Craig. It wasn’t Scott or Bobby or Jamie. It was just whoever I was hanging out with that particular week, or month, or season. And they were probably good enough kids too. None of us were starving or being beaten at home by parents who thought candy was evil. We were just kids, but we were growing up.

  “And there wasn’t anything particular about the store, except that’s where we were when they dared me to steal a candy bar. It was just some drug store downtown. In fact, it was worse. It was actually a Bible store, and they kept a rack of candy at the front for the kids. The only reason we went in there was because they had some cool-looking erasers in the shapes of alien spaceships. I’m pretty sure we paid for those. But I stole the candy bar.”

  Brunelle stopped and took a small sip of water. He could use the moisture on his throat, and it was a natural transition point in his story.

  “I never got caught. There was no dramatic scene where the storekeeper chased us out into the street, or grabbed me by the arm until the cops came and my dad let me sweat it out down at the station. Nope. I got away with it. I ate the candy bar. And I never got in trouble. I don’t think I ever even told my parents. But of all the things I’ve forgotten over the years—and I’ve forgotten a lot—I’ve never forgotten that moment when I went against what I knew was right and made the decision to do something wrong.”