by J. A. Faura
Drew had brought her cranberry muffins, her favorite, on more than one occasion, so she lit up when she saw him, “Drew Willis! I heard you were on this case!”
Drew smiled, “Hi, Harryette. Looking beautiful as ever.”
She did not have the same affection for the other two attorneys, so all they got was a nod and a curt, “Gentlemen.” Max and Ray responded in unison “Harryette.”
Looking back at Drew, she said, “Come here, let me look at you!”
Drew complied although he was thinking to himself that it had been just a few weeks since she saw him last. Both Max and Ray rolled their eyes.
She took his hand with both of hers when he made it to her desk, “Oh, if I were just 20 years younger…”
Drew had the exchange down pat, “I’d be in big trouble no doubt. Harryette, are they here for the meeting yet?”
Harryette whispered in a conspiratorial tone, “They sure are. Bart Logan and the Amazon woman.”
Drew chuckled, “Melanie Farris.”
Harryette nodded, “That’s the one.”
Drew was disappointed, he had wanted to see Judge Newman before the prosecution team got there. Oh well, they would just have to present the argument to all of them at the same time. Now that he was here, Drew started to get nervous, not fear, but a sense of anticipation and intensity. This was going to blow their top and, truth be told, he was going to enjoy watching Bart Logan and Melanie Farris blow a gasket, like he knew they would.
Before going in, Max whispered, “I’m surprised Neill isn’t here himself.”
Drew agreed, “I am too. He probably wants to hedge his bets in case things don’t go his way. He wants to be able to point at the other members of his team to place the blame, nothing new for him.”
He knocked on the open door and the judge stood up to greet them, “Gentlemen, please come in.”
The three of them filed in and took the chairs the judge pointed them toward.
In the meantime, Steven sat down in the courtroom waiting for his attorneys. He was thankful that the courtroom was closed to the media. The only other people with him were the judge’s secretary and the bailiff that had opened the door. He sat in silence, thinking about Beth and the kids and wondering what they might be up to right now. He had promised Beth to call her immediately after the hearing. He didn’t know whether the judge would make a decision immediately or whether they would have to wait a while. He also thought about the General. He had been thinking about him a lot since his encounter with Barlow. The old man was paying for his defense, was taking care of his family, and had given him an incredible opportunity when he left the military and he felt horrible not being able to talk to him about Barlow.
As Steven sat in the courtroom waiting, the bailiff came over to where he was. He addressed Steven in a low, tentative voice, a complete contrast from his physical presence, “Uh, Mr. Loomis? I just wanted to give my condolences. It’s a damn shame. Me and most of the guys are pulling for you, sir, we really are.”
Steven gave the man a thin smile, “I appreciate that, officer, I really do.”
The bailiff returned the smile, gave Steven a nod and went back to stand by the door. He had been so wrapped up in everything that he had not had the opportunity to consider the effect his actions had on the public at large. He had tried to avoid the media coverage as much as possible, but he was beginning to realize that the further they got into the case the harder that was going to be. The tidbits he had caught here and there had let him know that for the most part the public was firmly behind him. There were the usual crazies claiming that what happened to Riche should happen to all those that killed children and the religious zealots were also out in force claiming that he was playing God and was just as evil as Riche. For the most part, normal everyday people believed what he had done was an act of heroism. The legal experts he had heard on various newscasts and talk shows were also all over the place. Some believed that this whole thing was nothing more than a stunt cooked up by his legal team in order to get around his confession, while others believed it was a brilliant legal maneuver meant to blur the facts, facts that were no longer in dispute given the fact that he had admitted everything. It was amusing to think that he had actually had to talk his legal team into making the argument.
Well, now the only thing that mattered was what the judge thought. If he thought it was a stunt, they were dead in the water and could do nothing about it. Like most former officers, especially special ops officers, Steven always believed that he was in control of his destiny, that he could always do something to help his cause, whatever the cause might be, and here he was not able to do a single thing to help himself. It was something he would have to learn to live with, at least for a while. After just under an hour, Steven saw Drew, Max and Ray come through the doorway leading into the courtroom. The two prosecutors that would be trying the case followed them. He remembered them from his arraignment. They were both relatively young and did not look too happy, although he imagined that they probably always looked that way. His own defense team did not give anything away.
Drew walked over, “Alright, let’s see if we can find a room where we can chat.”
He walked over to Harryette and asked her if there was a room they might be able to use for a few minutes. The two prosecutors walked out immediately, and Steven could hear the reporters shouting out questions and he could see the flashes going off as what had to be more than a hundred cameras took their pictures. Harryette got up and went back the way they had just come out. She came back after two minutes and whispered something into Drew’s ear.
He came back over, this time smiling, “I knew those cranberry muffins would pay off some day. She says the judge will let us use the jury room to chat.”
They all got up and walked through the judge’s hallway and into the jury room. There was no access to the room except through the courtroom. After Ray closed the door, they all sat down around the table in the room.
Max was the first to speak, “Well, we’ve got good news and we’ve got bad news. I know it sounds hokey, but it’s actually true in this case. Don’t get that look, it’s mostly good news. Judge Newman is going to let us put on our defense.”
Steven smiled, “That’s great! I mean, that’s what we wanted, right?”
Now Ray spoke up, “Yes, it is, and yes, it is a big win for us that he’s allowing us to move forward, but there are some conditions. It’s nothing that will really hurt us, but it will definitely make it more difficult to move forward.”
Steven, now confused, looked at Drew, “What does that mean? What conditions?”
Drew explained, “It’s nothing we hadn’t thought about or considered before now, but we figured if the judge was willing to allow us to move forward we wouldn’t need to deal with it. What the judge said is that we can move forward with our defense, but we can only bring in Riche’s behavior as it related to Tracy. We can’t bring in or make reference to all the other girls.”
Steven’s face fell, “What?! Why not? That’s what made him a monster!”
Ray stepped in, “Relax, kid, it’s not as bad as it sounds. The judge did the right thing. Remember something, Steven, it’s you who is on trial, not Donald Riche. We may know what he did and what he was, but this case is about you committing murder, not what Riche did. Ironically enough, the fact that he wasn’t tried for the charges means that he was never convicted of them, which means we cannot make reference to them because legally they are just allegations.”
Steven stood up. He was obviously upset, he could not understand the legalese and was frustrated because of it, “What do you mean they’re just allegations?! You saw the pictures, everyone saw the pictures! They’re not just allegations, they’re fact!”
Now Max jumped in, “Steven, relax, have a seat and listen. You’re right, the world knows he did it, but this has to do with the legal system, our legal system, and as you know, our legal system says innocent unt
il proven guilty in a court of law. In a court of law. A lot of people forget about that part. They are allegations because he never got his day in court, never had a chance to prove his innocence.”
Steven, now sitting down, went to say something else, but Max held up his hand and continued, “No, let me finish. You and I and the rest of the world know that he would have been convicted had he gone to trial, but the judge can’t go by what would have happened. He has to make his decisions based on the facts, and the fact is that the charges against Riche were never proven.”
Now Drew piped in, “That’s the bad news, but they’re not as bad as you think. You see, the judge said we can’t use any of Donald’s atrocities unless they relate to Tracy, but that doesn’t mean the rest of the world won’t know what Riche did, everything he did. You’ve seen the media coverage of this case, you’ve seen the pictures and all the experts commenting on it and so has the rest of the world, including the people that will make up the jury.”
Steven’s face let them know he was not understanding what Drew was explaining.
Drew went on, “The jury will be made up of ordinary people, people who watch television and listen to the radio, people who will be more than aware of what Riche did. What we’re not able to bring in because of the judge’s ruling, the media has already brought in. When we are picking the jury, both sides will ask the potential jurors if they’ve heard about Donald Riche and what he was accused of doing. Most people will admit that they have heard of it, some will say that they haven’t, but they’ll just say that in order to get on the jury.
“The reality is that they would have to be dead in order to not have heard anything about it. The assistant district attorneys assigned to the case were furious that the judge allowed the case to move forward, because they know that there’s almost no way we’re going to be able to pick a jury that hasn’t heard about Riche and what he did. We’re in good shape here, Steven, we really are.”
Steven nodded, he understood what Drew had explained, “Sorry, guys. I’m just a little on edge. I don’t understand a lot of the legal details and I have to be honest, some of it seems totally counter to what I imagined it to be.”
Max patted him on the shoulder, “Don’t worry, kid, you’re no different than most people. Drew’s right, we’re in pretty good shape. This is one of those cases where global media has done the heavy lifting for us. That’s why the DA’s minions were so pissed off. They made the argument to the judge that it was going to be impossible to pick a clean jury, and they’re right. When the judge made his ruling, he explained to them that he couldn’t allow his decisions to be guided by what the media decided to cover or not cover and he was right to do that.”
Ray added, “So during the trial, we’re going to bring in his actions as they relate to Tracy, but the jury will know she wasn’t his only victim. Cheer up, Steven, this is about as good as we could hope for.”
Steven, now more at ease, asked, “So what happens now?”
Drew answered the question, “Well, the judge set the trial for two weeks from today. He’s decided to fast-track the case because of the media coverage. There really isn’t any discovery – that’s where the DA shares his evidence with us and we share ours with them – to be settled.
“The facts of the case are not in contention since you confessed to doing it and gave the police information as to the where and how. Between now and the trial date, we need to decide who we are going to put on the stand and what they’ll be testifying to.
“There’s a lot of complicated science that we’re going to be presenting, so we really need to coach our witnesses up on how to do that in laymen’s terms. Juries tend to go to sleep if you start presenting stuff that’s too technical and scientific. We also need to decide if you’re going to testify.”
Steven interrupted, “I am testifying.”
Max spoke up, “Listen, Steven, we have to think…”
Steven interrupted again, “No, Max, that’s not up for discussion, I’m testifying. It was my decision to do this and it’s my theory we’re moving forward with. They need to hear me explain it. They need to see I’m not a wacko or a father driven to insanity. It’s a deal breaker, guys.”
Ray interjected, “He’s right, Max. I think the one thing the jury will be looking for is for Steven to explain his thinking, why he’s decided to defend himself this way. Hey, he talked you two into moving forward with this defense, he must have done something right.”
Max was still not convinced, “Well, let’s just start deciding on our witnesses and we’ll see how things shake out.”
Steven was fine with that. He didn’t want to get into an argument with Max over this, not now anyway. The four of them got up, walked through the courtroom and out into the outside hallway, where there were dozens of cameras snapping pictures and reporters shouting questions. Judging by the questions that were being asked, the media already knew about the nature of the meeting with the judge and what the outcome had been. Steven was amazed at how quickly they had gotten the information and wondered where the leak was. It could have been anybody, the people at the DA’s office, the bailiff, Harryette herself, anybody.
They were making their way through the courthouse, helped by their security team, when Max stopped and for the first time spoke to the media, “We intend on proving to the jury that the argument that Mr. Loomis is making is based on solid and proven science. It is not a stunt and it is not meant to deflect attention from Mr. Loomis’s actions.”
A reporter shouted out, “Max! Max! Is your client saying that Riche was some sort of alien? Is that what he means to say?”
Max responded, “No, that is not what he is saying. That’s the type of story the tabloids have come up with. The science we are going to present is complex and detailed. We can’t get into specifics at the moment. Thank you all, now if you will please let us through.”
And with that the group made their way outside, where even more press was waiting. The security detail made a path for them to follow to the waiting Suburban. As he was walking, Steven noticed his own team, looking out into the crowd inconspicuously. He spotted Thurman and gave him a quick nod. They made their way back to the law offices, where they spent the rest of the afternoon discussing witnesses. The one they could all agree on was Dr. Tyrone Leonard. They would decide on the rest in the next couple of weeks. They agreed that Steven would visit Dr. Leonard to let him know he would be called as a witness and he would assess where the scientist’s head was.
Steven left the office just before eight that evening and headed straight home. When he finally walked into his condo, he immediately saw that there was something different. Things had been moved and lights that he knew he had turned off were now on. He stopped and reached into his lower back and pulled out his SIG Sauer P226. Max had warned him against carrying a weapon, but there was no way he would be caught unprepared again. He walked slowly in a crouch heading toward the kitchen where he could hear someone rummaging. As he moved from the living room and into the hallway, he stopped and from a low position peeked around the corner. What he saw surprised him more than if it had been some random intruder. Beth was standing in the middle of the kitchen. There was a pot on the stove and Steven, now completely relaxed, could smell the marinara sauce cooking. He opened the drawer on the small table in the hallway and dropped the gun into it. He walked out into the open, where she spotted him instantly.
“Hey, you! I’m glad I waited to put the pasta on, it would have been overcooked by now.”
He walked all the way to her and took her in his arms. It felt so good to have her with him. He buried his head in her hair, inhaling deeply and taking in her scent. He had loved doing that since they first started dating. She also held him close, feeling his heart pounding against her chest. He turned his head and kissed her. It was a tender and warm kiss, but one that also held passion just under the surface.
He finally spoke, “Beth, what are you doing here? Yo
u should have told me you were coming.”
Still holding on to him, Beth backed up enough to look at him face-to-face, “And have you tell me to stay away? No way, Steven, I know you. You would have argued until you got your way. We might have even gotten into a fight, just like the last time we talked about it, remember?”
He did remember and he also remembered that even though he knew the smart thing was for her to stay away, he wanted her with him.
He smiled, “You’re right, you’re right, I would have tried to convince you to stay away.”
Beth smiled, “See, and I know that deep down you would want me to be here, but you’re too stubborn to admit it. This way, there’s no way you can convince me, I’m already here.”
He chuckled, “So ask for forgiveness rather than ask for permission, is that it?”
Her smiled widened, “That’s right. Now, why don’t you go change, get comfortable while I finish with the pasta and open us a bottle of wine.”
He did exactly as told and came back wearing sweat pants and a t-shirt.
She smiled from the kitchen, “Better?”
He smiled back as he poured both of them a glass of wine, “Definitely. God, that smells great. I’ve done alright on my own, but I do miss your cooking.”
She joined him and took her glass of wine, “Done alright on your own? Ha, you mean you haven’t burnt the frozen pizzas.”
He chuckled, “Alright, you got me, but they’re not bad, you know.”
She went back into the kitchen and came back with the dish of steaming pasta and a small bowl with the sauce.
“Can you grab the rolls and the salads? They’re in the kitchen.”
They sat down to their dinner, drinking their wine and enjoying their food. For Steven, it was more about feeling normal again than it was about the food itself. They talked about the kids and what they had been up to since he left. Beth caught him up on all the family gossip. Her cousin was getting another divorce and another cousin had just been accepted to Yale Law School. They did not talk about the case until well after dinner, while they were doing the dishes standing next to each other.
