Fatal Accusation

by Rachel Dylan

  She carefully studied the jury to see how they were responding to Tony. So far, they all seemed engaged. Tony was a gifted speaker with a strong presence. She had her work cut out for her.

  “The defendant, Pastor Dan Light, has had a rough go of it. His wife was diagnosed with an aggressive cancer two years ago. The strain that put on him and his wife was too much. The evidence will show that in a state of desperation, Pastor Light made the decision to withdraw money from Windy Ridge Community Church’s bank account. An account to which he was one of only three individuals who had access. To cover up his actions, he then falsified the paper records so that Beverly Jenkins, the church’s financial administrator, wouldn’t notice the withdrawal.”

  Olivia noticed that he chose to call Dan by the name of Pastor Light. That was to solidify in the jury’s mind that he was a pastor and therefore had a fiduciary duty to his congregation—one of the elements he would have to show to prove embezzlement with special circumstances.

  “You will see many documents like the one I’m displaying up on the screen right now. A bank statement showing a withdrawal from the church account.” He flipped to the next document. “And that exact amount being deposited into an account owned by Pastor Dan Light. What’s more, ladies and gentlemen, is this was not a one-time transgression. This was not a monetary lapse of judgment that was later remedied. No, having been pushed to the brink because of his mental distress caused by his wife’s illness and death, Pastor Dan continued down this criminal path.”

  “Objection, Your Honor. Argumentative and misleading.” She had to stand up and stop Tony’s flow even if her objection would likely be overruled.

  “Overruled,” the judge said.

  But at least that provided a moment of interruption to Tony’s opening argument.

  “The defense attorney doesn’t want you to hear about her client’s struggles because those tragedies provide the motive for him to act. It is true that, as the State, I have the burden of proof—to prove beyond a reasonable doubt Pastor Light’s guilt. Let me direct your attention back to the screen. The elements I must prove on the embezzlement claim are as follows.”

  Her eyes went up to the screen. As was customary, they’d exchanged opening statement slides to ensure that they had time to object to any of the contents before the trial. This slide simply stated the elements so there was nothing she could object to.

  “First, the State must show that there is a fiduciary relationship between Pastor Light and the victims—here, his church congregation. As the senior pastor of Windy Ridge Community Church, there is no doubt that there is a fiduciary relationship. Second, Pastor Light acquired the money through that relationship. The fact that he was one of only three people who had access to church funds satisfies this element. Third, I must prove to you that Pastor Light took the money from the church account for his own personal gain. Here, he transferred it to his own personal account, and then he transferred it into an offshore bank account for his own use. And finally, I must prove to you that Pastor Light’s actions were intentional. As I said before, the pattern of behavior and the documents you will be presented will show that he indeed acted intentionally. As dismaying as this case may seem to you, the evidence that you will be shown cannot be explained away—no matter how savvy of a defense lawyer Pastor Light has.”

  She shot to her feet. “Objection, argumentative and inflammatory, Your Honor.”

  “Sustained.”

  “Understood. In conclusion, let me simply say that this is not a close case. You’ll hear live testimony from reliable witnesses and be presented with uncontested documents to prove the facts. Thank you for your time and attention.”

  Dear Lord, please give me the words to say here. She’d practiced her opening countless times, but all of a sudden it didn’t seem adequate enough. The jury appeared to be buying into Tony’s theory of the case. She needed something, anything, to put that reasonable doubt in their minds from the get-go. She knew what she was going to have to do, but Dan wasn’t going to like it. In this instance, though, she had to be his advocate, not his friend.

  Taking a deep breath, she stood up and walked to the podium. Her approach was going to be a bit different since she was on the defense side. But her goal was to draw in the jurors and plant as many questions in their mind as possible.

  “Ladies and gentlemen of the jury, I, too, greatly appreciate your time and attention here today and throughout the trial. My client, Dan Light, is the senior pastor at Windy Ridge Community Church where he has served in that capacity for almost a decade. The prosecution would have you believe that Mr. Light suffered some traumatic times and went off the deep end, resorting to illegal activities. Nothing could be further from the truth. Let’s take a step back and look at what Mr. Sampson did not tell you this morning. He didn’t tell you that the account the money was allegedly being siphoned off into hadn’t been touched by Mr. Light in years. In fact, it was an account set up for his first child with his wife—a child that sadly died through a miscarriage four years ago. After that tragedy, Mr. Light had no need to ever use it again.”

  She surveyed the jury as she spoke. They still seemed interested in what she had to say. “Mr. Sampson also didn’t tell you anything about the two quote reliable witnesses that he plans to call. The first is the church’s financial administrator, Beverly Jenkins. Ms. Jenkins had the same level of access to all accounts that Mr. Light did, and in fact, she was in charge of the day-to-day financial operations of the church. Has the prosecution even considered her as a suspect for this crime? No, they haven’t.”

  “Objection,” Tony said.

  “Your objection is what, Mr. Sampson?” the judge asked.

  “That’s speculative,” Tony said.

  A weak objection. She didn’t even know why he made it. Maybe the same reason she had made hers. Just to break up the flow.

  “Overruled. Please continue Ms. Murray.”

  “Thank you. As I was saying, no effort has been made to determine what Ms. Jenkins’ involvement could be in this crime. Mr. Sampson also failed to tell you that the other person he will call to the stand is Associate Pastor Chris Tanner. A man who also had the same level of access to the church funds.” She paused. It was now or never. “A man who stood to gain from any criminal allegations against my client since Mr. Tanner is next in line to be the senior pastor of a large, well-respected church.”

  She stepped out from behind the podium and took a step closer toward the jury. “And Mr. Sampson didn’t let you know that the Windy Ridge Community Church has been under direct attack by New Age groups within this community. Groups that have vowed to bring down the church in any way possible. You will hear from witnesses who will explain this all to you, and then you can judge for yourself whether my client has been framed for these illegal acts.” There, she’d put it all out there. Now she’d just have to deliver on all of it.

  “The evidence I’ll present will paint a much different picture than the prosecution would have you believe. Of course, Mr. Light was highly distraught over his wife’s illness and subsequent passing. But the financial documents you’ll see here show that Mr. Light had worked out a payment plan for his medical bills. That he wasn’t in a situation where he would’ve taken such drastic and illegal actions. Actions that would be against his moral beliefs. You’ll also hear from a forensics expert who will testify with certainty that the person who made the wrongful transfers never did so from Mr. Light’s house or the church.”

  She took a breath and kept talking. “And I will remind you throughout that the prosecution is the one with the burden of proof, and the prosecution must carry that burden of proof beyond a reasonable doubt. That is a very high standard. In criminal cases, it’s what our society demands because the result of a criminal conviction is the deprivation of a person’s liberty. Once you hear all the evidence, I believe that you will have a lot more than a reasonable doubt about what happened here in this case and will enter a verdict of not guilt
y. Thank you.”

  She returned to her seat and saw that Dan didn’t appear too happy with her, but she knew that was going to happen. He’d thank her later if her strategy worked.

  “Your Honor,” Tony said. “My first witness won’t be available until tomorrow morning due to a medical appointment that couldn’t be avoided. I’d ask permission for us to recess and pick up first thing tomorrow.”

  “That’s fine. We start promptly at nine a.m. tomorrow.” The judge went on to remind the jury about the instructions regarding not speaking to each other about the case and the juror social media policy.

  Dan leaned in toward her and whispered. “You shouldn’t have thrown the two of them under the bus.”

  “I knew you wouldn’t want me to, but I prayed long and hard about it and felt it was my only option. I’m sorry, but I told you that I’d do absolutely everything in my power to clear your name, and I meant it.”

  He nodded. “I know, Olivia. I’m fortunate to have you in my corner, but this thing is going to get ugly.”

  “It’s already ugly, Dan. You’ve been sitting in prison.”

  “I trust you. I do.”

  She only hoped that she wouldn’t let him down.

  **

  Grant had to make sure Olivia ate. This trial was going to be a lot on her. Yes, he was there as co-counsel, but pretty much in name only. She was doing all the heavy lifting. He was really there for moral support, and if anything came up, he could run it down.

  So as she sat at his kitchen table, he spooned a large helping of spaghetti onto her plate.

  “Okay, you told me we had to wait until dinner to discuss what happened. I’ve decompressed enough, now I want to talk,” she said.

  “Sure.” He helped himself and put two large rolls on his plate and one on hers. “I think Tony’s opening was convincing.”

  “I did, too.”

  “It was simple, easy for the jury to follow, and his confidence was striking. You can tell that he believes Dan is guilty. I’m afraid that goes a long way in the jury’s mind.”

  She took a bite of spaghetti and nodded. “Yeah, that’s why I had to go for the nuclear option. I figured if I didn’t start planting seeds of doubt from the beginning, I’d never be able to dig myself out of that hole.”

  “And how did Dan take it?”

  “He wasn’t happy. But at the end of the day, he knows I have his best interest in mind and I’d never want to hurt him or those he cares about. I had no choice. And the reality of the situation is that I don’t know for sure that Chris and Beverly are innocent in all of this.”

  He placed his hand on her knee and squeezed. “You did well, Olivia. Most defense attorneys wouldn’t have been able to come out of the gate swinging like that after the prosecution’s opening, but you showed no fear. And how you presented it was half the battle.”

  “Thanks for saying that, but you can critique me as well. I can take it. Whatever you think I can do to improve.”

  He shook his head. “You were wonderful. This is going to be tough regardless, given the options and the electronic paper trail. But you have strong points to make that I think the jury will be open-minded about.”

  “I should warn you that I’m not going to hold back on Beverly and Chris. The cross-examination of those two is absolutely critical to the case.”

  “Have you given any thought to calling Layton?”

  “I don’t think he’d help our case, and he’s such a smooth operator, he might only increase the likelihood that the jury would buy their version of the facts. I’m still holding out hope that Nina Marie will come through with something I can use.”

  “I wouldn’t hold your breath. I know it seems like you and Abe have made tremendous strides with her, but at the end of the day, until she renounces her association with evil, we can’t trust her.”

  “I know that. I’m praying that’s going to happen. There isn’t anything too big or difficult for God to handle. I’m in the pray without ceasing mode for real right now.”

  He smiled and his heart warmed as he looked at her. Her strong faith was one of her most engaging qualities. He had no doubts they were meant to be together. “Whatever happens, just know I’m here for you, no matter what the result is or how tough times get.”

  “You haven’t had any more attacks against you have you? I’ve been so caught up in the trial I haven’t even asked, and knowing you, you may have decided to keep it quiet.”

  “Actually, no. Just that one crazy night. I’m not sure what that was all about.”

  “I think you’re stronger than you realize, and the forces of darkness know it, too. They didn’t want to mess with you again right now.”

  “I’m not as strong as you are.”

  “We’re very different people. You’ve taken a huge leap of faith in a short time and thrived in hard situations. I’d say that’s something that scares Satan’s demons away.”

  “Eat the rest of your food. You need all the energy you can get for a full day tomorrow. He’ll be putting on Beverly and Chris right out of the gate.”

  “Don’t worry. I’m going to eat all of it.”

  “Then I’ll drive you home and you can get a good night’s sleep.”

  “I doubt I’ll get any sleep tonight.”

  **

  Olivia walked into the courtroom the next morning prepared for the worst. The direct examinations of Beverly and Chris were sure to be fodder for the jury. Something tangible that they could hold onto, and she was even more nervous about what she might have to do to try to discredit them.

  But at the end of the day, one of the three people was most likely guilty, and she knew it wasn’t Dan. Her best guess was Beverly, but she hadn’t been able to completely rule out Chris either.

  She squeezed Dan’s hand as he took a seat beside her.

  “How did you sleep?” he asked.

  “Prayer was more important than sleep.”

  Dan smiled. “We had very similar nights. Olivia, listen to me. I really need you to understand that I will be fine regardless of the outcome. I feel like you’re shouldering this huge burden, and it’s not fair. My fate is not tied to this trial. There is nothing that can happen to me on this earth that will change my eternal situation with God.”

  “I know that, Dan, but I also don’t want you smeared through the mud for something you didn’t do. You deserve so much better than that.”

  “I thank God every day for bringing you into my life.” He looked back to the bench directly behind them where Grant sat. “How is he doing?”

  “Rock solid. He’s had some rough patches over the past month, but he’s come through it stronger and ready for the fight. He’s been a source of real comfort for me.”

  “So you’ve finally taken the plunge with him, huh?”

  “Is it that obvious?”

  “The bond the two of you have is apparent to anyone who can see. I can only pray that this is the beginning of a long and wonderful journey for the two of you. I hope that you can have what I had with my wife.”

  She sensed he was getting emotional and so was she, but they couldn’t afford to have the jury see them look upset because they’d have no idea the cause. “Okay, let’s focus on the task at hand. The judge and jury should be coming in any minute.”

  “Got it.” He seemed a bit relieved to have shifted topics anyway.

  “And Dan, prepare yourself. This is going to be tough today to listen to what Beverly and Chris have to say. Take some deep breaths, keep praying, and remember that I’m going to stand up for you.”

  “I never doubted that.”

  Judge Matthews came into the courtroom followed by the twelve jurors. She hoped they had a restful night and were ready to pay attention because she was going to be throwing down the gauntlet.

  Once everyone got settled and the judge dealt with some administrative items, he looked over at Tony. “Mr. Sampson, are you ready?”

  “Yes, Your Honor. I’d like to call Beverly
Jenkins to the stand.”

  Beverly walked up from the audience and into the witness box. She wore a floral blouse and black pants. Her salt-and-pepper hair was pulled back in a simple, loose bun, and she wore simple wire-framed glasses. She looked like she could’ve been anyone’s grandmother. Olivia knew this exam was going to be rough. There was no way around it. She’d already heard what Beverly had to say before, and it was going to be very damaging to Dan.

  She watched as Beverly was sworn in—placing her hand on the Holy Bible. Dear Lord, here we go.

  Tony stood at the podium, choosing to start his questioning from there. “Please state your full name for the record.”

  “Yes, I’m Beverly Lee Jenkins.”

  “Thank you, Ms. Jenkins. Can you tell everyone a little bit about your background?”

  “Sure. I was born and raised in Windy Ridge. I started going to Windy Ridge Community Church as child.”

  “What about your professional background?”

  “I’m trained as a CPA—that’s a certified public accountant.” She smiled. “But I stopped my tax practice years ago to work at the church as the financial administrator.”

  The jury was already in love with Beverly. Her mannerisms, her tone, her smile. This was going to be even worse than Olivia had expected.

  Tony moved from behind the podium and walked up toward the witness stand. “So in your role as financial administrator at the church, you have access to the church financial records?”

  “Objection, leading on direct, Your Honor. He’s getting into substance now. It shouldn’t be allowed.”

  “You’re right, counselor. Sustained. Please refrain from leading your witness on direct, Mr. Sampson.”

  “Of course. Ms. Jenkins, why don’t you tell the court what your responsibilities are as the church’s financial administrator?”