"Now, this is an unusual case, isn't it?" Ginger Hadley asked.
"That's right. The victim, Thomas Shepherd, was McKenna’s former partner. They had an affair and Shepherd divorced Evelyn's mother years ago. It was Shepherd’s teenage daughter, Evelyn, who shot and killed Thomas Shepherd in what had once been the Shepherd family home.”
“Now, Meadow, some of our viewers who haven't been following this case might be wondering, if Evelyn Shepherd pulled the trigger, why was DS McKenna charged in Shepherd’s death?”
“Shepherd’s ex-wife, Rose Chadwick, contended that Hunter McKenna was guilty of pressuring the daughter to the point where she was no longer in control of herself. Therefore, Evelyn Shepherd was not responsible for the murder of her father, but Hunter McKenna was responsible because the pressure she put on Evelyn Shepherd caused the young woman to snap.”
“How was Mrs. Chadwick able to persuade a prosecutor to even take this case to the Grand Jury?” Ginger said.
“Her husband, Warren Chadwick, is a prominent attorney, and made a convincing argument in civil court. He won the right to sue Hunter McKenna for negligent homicide.”
“I see. And what was the outcome of that case?”
“It hasn’t proceeded. The Chadwick’s used that ruling as leverage to force the prosecution to pursue criminal charges against Hunter McKenna. Of course, this is a very unusual situation, and there’s been a lot of speculation that the reason the Chadwick’s have done this is to protect Evelyn Shepherd from ever standing trial for killing her father.”
“Now, Meadow, some of our viewers may be hearing about this case for the first time. Why isn’t Evelyn Shepherd on trial? Where is she?”
“Ms. Shepherd has been under psychiatric evaluation since the shooting, and confined to a mental health facility.”
“Do we know if the prosecution expects to call her as a witness?”
“There seems to be some debate about whether this is even possible, Ginger. Since Evelyn is considered unfit to stand trial because of her mental state, it’s hard to argue that she’s a reliable witness for the prosecution.”
“Now, Meadow, I do recall that when these charges were first filed there was a lot of talk about them being thin and people seemed to feel they’d be dropped before the case ever went to court.”
“That’s right, Ginger. But the case has gone to trial, obviously, and it’s really the lack of a defense that’s driving the court proceedings. John Solomon, the attorney representing DS Hunter McKenna, hasn’t cross-examined witnesses and has really limited his objections since the first day.”
“Now, what kind of impact is that having on the trial? To me, that suggests he’s confident the prosecution’s failing to prove their case.”
“Initially, Solomon couldn't cross-examine the first witness because the prosecution called DS McKenna herself. Despite the objections of her attorney, Judge Ackerley decided to allow the prosecution to question DS McKenna about limited subjects, because she was the lead detective on the cases that the prosecution contends ultimately led to Thomas Shepherd's death. Solomon will have the opportunity to call his client, and question her when the defense presents their case. Once McKenna was finished testifying, however, Solomon continued to defer his right to question the prosecution's witnesses. And I think originally people were speculating that Solomon felt the prosecution wasn't proving their case. But the prosecution has been able to enter documents, things written by both Evelyn Shepherd, and when you’re in the courtroom you can see that the jury has really connected to Evelyn Shepherd. The prosecution has presented her as an impressionable young girl with an incredibly close relationship with her father, who suffered sexual assault as a child and was scarred by the experience, and whose life was torn apart by her father’s affair with the defendant.”
“But Meadow, even if the jury feels sorry for Evelyn Shepherd, that doesn’t mean they’ll blame Ms. McKenna for Thomas Shepherd’s murder.”
“You wouldn’t think so, Ginger, but the more sympathy the jury has for Evelyn Shepherd, the more likely it is that people will feel someone needs to be punished, and right now the only option they have is to punish DS McKenna. I know it seems like a stretch, and I’ve never heard of a case quite like it…”
Hunter grabbed the remote and turned the TV off. She wished she’d never heard of a case like it either.
Wished she could rewind time and turn the clock back, but no matter how much she wanted to undo what had been done, she couldn’t.
CASUALTIES OF WAR
- Susan Aglukark -
If it was possible for being on trial to become routine, Hunter was almost at that point. She walked into the same bland courtroom, the same wood and white décor, the same sea of nameless faces that filled the halls outside and the rows of seats behind her. The same impassive jury, and the same indifferent judge.
Combined with the exhaustion of her restless nights, court had almost become just another part of her day. She knew it was a bad sign, knew she needed to refocus on what was happening.
Knew Noah wanted her to think about the original case, and all the crimes that had stemmed from it, and the answers they were still looking for.
Answers he thought could make a difference for her in court.
Every time she tried to think about the investigation, all she saw was Tom's face. She didn't need a jury to convict her; she carried the weight of her guilt already.
“The prosecution calls Jonah Tyson.”
Hunter gasped and straightened in her seat. There was the predictable murmur in the court as a door opened, and Jonah was led into the courtroom.
When he was at the witness stand he was instructed to raise his right hand. Hunter watched him as he swore to tell the truth. His chocolate eyes were wide and his voice caught in his throat, but by the end he'd straightened to his full height and his voice rang out clearly. She’d always had a favorable impression of Jonah. Tom had liked the young man, and she knew Tom was grooming him for a life of service in the police department.
Once Jonah was seated, Grainger stood.
“Mr. Tyson, are you acquainted with the defendant, DS Hunter McKenna?”
Jonah coughed into his fist and nodded. “I’ve met her a few times.”
“Can you recall the first time you met her?”
Hunter suppressed the reassuring smile she felt forming as Jonah looked at her. She imagined he was thinking what she was.
It was so long ago.
“I was just a kid, Mr. Grainger.”
“Ten or eleven years old? Or younger?”
“I’d say eight or nine. Back when I played with Vin-Evelyn, Evelyn Shepherd sometimes, when we was kids, I’d see DS McKenna because she was Mr. Shepherd’s partner back then.”
“I see. So would it be fair to say that Ms. McKenna was someone you were familiar with, but didn’t really know personally?” Grainger asked as he started to walk back to his seat.
Jonah glanced at Hunter again, then nodded. “I suppose so, sir.”
Grainger stopped and glanced at Jonah.
Hunter hid her smile with her hand. Jonah was a polite young man, and she didn’t think Grainger had expected him to be so courteous. The ‘sir’ had caught him off-guard.
Whatever split-second doubts may have flashed through Grainger's mind, he got back on track, and led Jonah through comfortable, and seemingly safe terrain, and they talked about childhood memories he had from playing with Evelyn. He'd been on the stand for almost ten minutes, sharing nothing of particular relevance to the trial, when a remark about a conversation he'd had with Vinny caught Grainger's interest.
“Mr. Tyson, why would you give Evelyn the idea that her mother would send her away?” Grainger asked.
“I-I didn’t mean to. It wasn’t like I said-”
“You told her that parents could send their kids away if they were bad, didn’t you?”
“It wasn’t like that. I was trying-”
“You were jealous-”
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“Objection, Your Honor.” Solomon was on his feet. “The witness is trying to answer the question.”
“Sustained. Mr. Grainger, let the witness answer.” Judge Ackerley looked at Jonah. “You may continue.”
“I was trying to explain about what happened with my family.”
“To an eight-year-old girl?”
“To a friend. I was just a kid.”
“So it wasn’t because you were jealous? It wasn’t because you were upset that Evelyn’s mother didn’t want her to play with you?”
“Why would I tell her if she was bad she could be sent away, then? Wouldn’t that be like telling her to listen to her mother and stay away from me so she wouldn’t get in trouble?”
“Maybe this is the reason Evelyn’s mother had concerns about her playing with you. You told her stories and scared her, you encouraged her to disobey her mother’s rules. You and Evelyn, you went to the old Colville Farm property, didn't you?”
Jonah shook his head. “It wasn't like that. We were just kids.”
“And were you just being a kid when you raped Evelyn Shepherd?”
“Objection! Your Honor, this is outrageous.” Solomon banged his hand on the table in front of him.
“I agree.” The judge pointed a finger at the prosecutor. “The jury will disregard that question, and you will proceed with caution or I will find you in contempt of court, Mr. Grainger.”
Grainger offered a murmured apology, and after a few moments, when a hush settled over the courtroom again, he continued with his questioning.
“How well did you know Evelyn’s father?”
“Quite well.”
“You spent a lot of time with Evelyn when she was a child, didn’t you?”
“Yes.”
“You were friends?”
“Yes. I believe I’ve already said that.”
“And how would you describe Evelyn’s relationship with her father?”
“Really good. Vinny worshipped her dad.”
“Worshipped?”
Jonah held up his hands. “I never heard her say bad things about her dad.”
“So you would have had no reason to think Evelyn Shepherd would one day take a gun and shoot and kill her father?”
“Objection! Your Honor-” Solomon was back on his feet.
“Your Honor, Evelyn Shepherd’s state of mind is central to the prosecution’s case. This was a girl who was, by all accounts, a typical young girl who was exceptionally close to her father. It’s central to our argument that the damage caused by Ms. McKenna’s affair with Thomas Shepherd, and her later harassment of Evelyn Shepherd during a criminal investigation, directly contributed to Evelyn Shepherd’s breakdown, which caused her to shoot and kill her own father.”
“Your Honor-” Solomon said. Hunter could barely hear him over the surge of voices around her.
“Order,” Judge Ackerley said as she struck her gavel. “Mr. Grainger, you will limit yourself to questions of relevance to these proceedings, and I will determined what has bearing and what does not.”
“Yes, Your Honor.”
“The jury will disregard the prosecution’s statements,” Judge Ackerley said. “The objection is sustained. The witness will not answer the question.”
It took only a split second for the courtroom to get quiet.
Grainger stated a date. "Can you tell the court about the events of that evening?"
Jonah looked at Hunter. She sensed the fear, but it wasn't overwhelming him. When he spoke, it was with a quiet, controlled voice.
***
Thomas Shepherd was apologizing, again, for changing their plans.
“That’s alright, sir,” Jonah said.
“I thought I’d take you for an early dinner. Boston Pizza. It's not Webers but they've shut down for the season now. We'll have to go next summer.” Tom led the way to his vehicle and opened the door.
“Really, sir, that’s not-”
Tom put up his hand. “It’s my pleasure, Jonah.”
Jonah stopped arguing, and got in. They filled the drive with talk about the Argonauts and the Leafs and Jonah’s plans for the winter.
“Anything special in mind?” Tom asked.
Jonah shook his head and pointed at the windshield, covered with fresh pelts of rain almost as quickly as the windshield wipers could clear the glass. “Think I’ll just settle for better weather than this.”
Tom smiled. “You mean snow?”
"At least you can do stuff with snow."
"Ski? Snowboard?" Tom pulled into the parking lot, and as he cut the engine the rain tapered off. “Have you been here before?” Tom asked as they got out of the car.
Jonah shook his head. He didn't offer an explanation, and he knew he didn't have to. His family was too poor for eating out in restaurants like this one. Not that it was high-end. But it was nicer than anything his family could afford; all the money turned liquid around his house.
“I used to bring Vinny all the time.”
“If you don’t mind my saying so, I have a hard time imagining her mother here.”
Tom cracked a smile. “You’re a good judge of character, Jonah. That will serve you well. I usually came with Vinny. Just the two of us.”
They entered, were seated and perused the menus. With a little prompting, Jonah ordered a full meal and once the waitress brought their drinks Jonah got serious.
“Thank you very much, sir.”
“My pleasure.”
“I appreciate what you’ve done for me, sir.”
“Don’t mention it.”
“It’s just, nobody else has ever…” Jonah fumbled for the words then shrugged. “I just appreciate it, sir.”
“How many times have I told you to call me Tom?”
He felt his cheeks flush. Around Mr. Shepherd, Jonah felt like a little kid, like he had when he'd been friends with Vinny and the two had a genuine trust that came from sincerity and the innocence of childhood.
A juvenile naivety that had been shattered long ago.
“How are you holding up?”
“Fine,” Jonah said. There was a hesitation as he dropped the sir, but he couldn’t quite make himself use Tom’s given name.
“Quite a shock, to hear about Adam.”
“Yes. Yes it was.”
“Although you two weren’t close. Not like… how things used to be.”
Jonah nodded. “Not since… you know.”
"You never talk about what happened."
"What's to say?"
"If you're serious about being a police officer, you may have to talk about it someday."
"So I should talk about it now?" Jonah saw the answer in Tom's eyes. He took a breath, and told Tom what had happened.
***
About what seemed like a harmless conversation with Vinny. Lying on a hill, where the woods thinned near the strip of trees around the north end of Colville Farm. How she'd insisted she could make Jonah cry, and kicked him to prove her point.
Just like Vinny. More balls than brains sometimes.
But Ivy had arrived, and it had turned into something else. Something dark, and sick, and twisted. Jonah, treated like property, called a slave.
Whipped until he bled.
There was an old building that had long ago lost its roof; the stone walls stood bare, holding space. Gaps where windows once were now empty, and a doorway with no door. That's where they took Jonah. He'd been inside before; they'd all been inside before. As kids, dared to cross an invisible line, to see if what would happen.
The answer was nothing. Not until that day, when Ivy had Adam Fields and Jesse Forbes drag Jonah to the far end, where a few scraps of wood still clung to each other and swung back on rusty hinges that creaked forebodingly as Ivy pulled them up.
Behind the wooden door there was a storage cellar. Dark and dank.
It became the cage where Jonah sat, shivered and bled, as they tried to find things to brace the door on the other side. Through the gaps
in the wood he could see the shadows of the boulders and other things they set on top.
Jonah pushed back farther into the cellar, tripped over something loose on the dirt floor, stifled a yell as a rat brushed by him in the darkness, and waited until the last trickle of light disappeared, and then the sound of voices faded in the distance.
It had been a relief not to hear them laugh anymore.
The silence was followed by the groan of wood, too old and abused to hold the weight on top. The boards creaked, and the first plank popped as a rock dropped through to the floor by Jonah. He cowered in the corner, shielding his face with his arm, and felt the sting of dirt in his wounds as the rocks and sticks that had been placed on top of the door to cover it and hold it down fell through and crashed to the ground around him.
When it was over he crawled over the debris and up to the opening carefully, and once he was sure his former friends were gone Jonah ran from the ruins on the hill near the old farm, and never returned.
***
When he was finished, Tom asked, “Why didn’t you press charges?”
For a moment Jonah sat with his mouth hanging open and said nothing. Then he shook his head. “How could I?”
Tom smiled. “Do you really want me to explain that?”
“What I mean is,” Jonah sat back while the waitress set their plates down in front of them, “how could I do that to… to people I’d been friends with?”
“How could they do what they did to you?”
Jonah shook his head. “I couldn’t… Vinny’s not like that. Not deep down. People make mistakes when other people encourage them, or do things to them.”
Tom sat silently. Jonah felt as though Tom could see right inside him and was watching the struggle. After a few minutes Jonah took a bite of his sandwich and chewed slowly.
“That day, on the hill in the ruins, I felt like I was no better than a dog. Not even a human.”
“That’s the idea,” Tom said. “They degrade you. Demoralize you.”
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