by John Foxjohn
The chief stared at her for a long minute. He let out an audible breath. “Ms. Nugent, you describe a serious allegation. If this allegation proved true, you’re talking about dismissal from HPD. The civil service board would back us up on this, too. Now, I don’t believe you’re here with unsubstantiated allegations. I wish you’d come to me with this, first.”
“Chief, I wish I could have. Unfortunately, I couldn’t. I have an obligation to my client, who is on trial for her life.”
He nodded and pursed his lips. “I understand, and I believe you.”
“Your Honor, I have no further questions for this witness.”
When Proctor passed, Judge Ballard asked her the disposition of the witness, and she released him.
“Your honor, the defense calls Chandra Livingston to the stand.”
The bailiff escorted a woman in her late twenties to the stand. When she took the oath, she sat straight, head up, and stared.
Kayla asked her where she worked and her job description.
She spoke in a clear, firm, voice. “I’m a homicide detective for the Houston police department.”
Kayla, with her eyes down, tapped on the table for several moments. Without looking up, asked, “Ms. Livingston, who is your immediate supervisor?”
She dropped her head, but not before tears pooled in her eyes. Kayla remained with her head down and closed her own eyes. She didn’t want to do this. Time passed, and Ballard told the witness to answer the question.
The witness mumbled too low for anyone to hear the answer. Kayla decided to help her out. “Ms. Livingston, who is your immediate supervisor at the Houston police department?”
Loud enough so everyone could hear, but still low, she said, “Lieutenant Douglass Faraway.”
Kayla took a deep breath. “Does he know you’re pregnant with his child?”
The courtroom erupted in excited whispers as Judge Ballard rapped on his bench for quiet.
Proctor leaped up. “Your Honor, the state requests a sidebar.”
Ballard motioned the two attorneys forward and shielded his face from the jurors. “What do you need, Mr. Proctor?”
“Your Honor, Ms. Nugent is guilty of violating your reciprocal discovery order. She did not inform my office of the nature of this witness’s testimony. Therefore, this testimony isn’t admissible in the courtroom.”
Ballard rolled his eyes, but because this conversation took place in the courtroom and was a matter of record, he had to let Kayla place her argument in the record. “Ms. Nugent?”
“Your Honor, I informed the DA and his office not only verbally, but in writing, all the witnesses I intended to call in this trial. If you look at the discovery list, this witness is on it. That’s where my obligation to reciprocal discovery ends.”
Proctor’s eyes narrowed and he leaned closer to Ballard. “That’s a load of crap and you know it. You’re letting her get away with everything in the case because you don’t like me.”
Ballard ignored Proctor and glanced at his watch. He addressed his remarks to the court. “We are going to adjourn for fifteen minutes while we work out some legal issues.” He rapped his gavel.
When the jury and all spectators had left, he turned to Kayla. “Do you have anything you’d like to add to your argument?”
“Yes, Your Honor, I hate to stand before this court and have to educate a prosecuting attorney on fine points of law and constitutional rights of the accused, but my client does have the Fifth Amendment right against compulsory self-incrimination and Fourth Amendment right to due process. Not to mention the Sixth Amendment right to effective assistance of counsel.”
Proctor spun toward her and glared like he wanted to strike her. Her tactics had worked, but she needed to continue the assault.
His jowls trembled as he spoke. “Educate me. This has nothing to do with constitutional rights. It has everything to do with violating reciprocal discovery rules. You can’t get around that.”
Kayla responded in an exasperated voice that she believed would enrage the prosecutor even more. “Your Honor, the Supreme Court has ruled that effective assistance of counsel guarantees defendants critical aid in investigating and preparing a defense. If I gave the prosecutor the questions we intended to ask a witness, that would violate my client’s effective assistance of counsel.”
Kayla paused for a breath. “Besides, if you required this of the defense, then it has to be a requirement for the prosecution. If it is, I want to declare a mistrial because Mr. Proctor did not mention any questions he intended to ask the witnesses in his discovery.”
“Your, Honor, Ms. Nugent clearly does not understand the fine details of reciprocal discovery or exculpatory evidence.”
Ballard shook his head, wrote a few notes, then looked up. “Counselor, it seems to me that she understands it perfectly, and so do I.” He pushed Kayla’s discovery list toward Proctor so he could look and tapped the witness’s name. “There it is. Are you telling me that you did not talk to this witness prior to trial on why the defense called her?”
Ballard shook his head when Proctor didn’t respond. “Overruled.”
Kayla returned to her chair and sat. This little meeting wasn’t over, yet. She’d rather not hear the rest, and didn’t think they’d even know if she left.
Proctor crossed his arms. Through clenched teeth, he asked, “Is that all?”
The judge turned and told the stenographer he had remarks for the attorneys off record. They waited while she unhooked from the computer and left the courtroom.
“No, that isn’t all, Mr. Proctor. You insinuated a little while ago that I’m showing prejudicial favor towards the defense in my courtroom. This is a serious allegation. I want to remind you, Mr. Prosecuting Attorney—you’re subject to contempt of court, too.”
“Are you threatening me, Your Honor?”
Ballard rose and leaned forward. “You’re damn right I am. Now, let’s continue this trial.”
* * * *
When Chandra Livingston again took the stand, her lips trembled. Kayla leaned forward, “Detective Livingston, does Lieutenant Faraway know you’re pregnant with his child?”
“I am pregnant, but the baby isn’t the lieutenant’s.”
Kayla tapped on the table for a couple of moments. “Detective Livingston, I shouldn’t need to remind you that you’re under oath, but I am. I don’t ask questions like this unless I have proof.”
Proctor rose. “Your Honor, the witness answered Ms. Nugent’s question.”
Ballard scratched his eyebrow. “Yes, she did, Mr. Proctor, but I think Ms. Nugent is trying to give her a chance to reassess that answer.” He turned to the witness. “Do you want to change your answer, Detective?”
“Yes,” she whispered. “Doug knows.”
“Detective Livingston, how long have you and your supervisor had a relationship other than a professional one required by the Houston police department?”
Silence shrouded the court as everyone waited for the answer. Now, jury and spectators alike edged to the front of their seats. Kayla’s heart, heavy with sadness that she had to put the woman through this, thumped in her temples.
“We have seen each other for a year. I love him and he loves me. We intend to get married when this is all over. I had intended all along to resign from the department.”
Kayla stared at the pages of questions she’d prepared for this witness. At last, she looked up. “Your Honor, I have no further questions for this witness.”
Ballard gave her a strange look and even Proctor cut her a glance. Ballard eyed his watch. “We’ll take our noon break now. Court will reconvene at one-thirty.”
Kayla remained sitting, face buried in her hands. Someone rested a hand on her trembling shoulder. After a long time, she looked up at Sarah Jane and patted her friend’s hand.
“Kayla, you’re the best. That was absolutely fantastic. You really stuck it to them,” Loren said.
Slowly, Kayla turned to face Loren. She grit
ted her teeth. “I did stick it to her. After lunch, I plan to stick it to some more people. Does that make you happy? I just ruined a person’s life for you. Don’t talk to me any more.”
Kayla jumped up to leave and Loren attempted to follow, but Lester stepped between them. “Ms. Kayla says not to talk to her.”
As Loren’s neck craned upward to look at Lester, Kayla decided she liked him. She wondered if he’d go to work for her when this trial ended.
* * * *
Darren, in his hotel room, stared at the computer. He’d set it on the bed but hadn’t opened it, didn’t want to open it. He’d need to sooner or later, but from what the person who sold it to him said, this one little device would destroy people’s lives.
He had a huge decision to make. From what he had heard, Kayla wouldn’t need the computer to win. She had a good shot at it without this new evidence. Should he get rid of it and protect everyone, including Kayla?
He didn’t know what to do. No one would ever know he took possession of the computer, but if the woman who stole it and sold it to him told the truth, Loren Estes definitely didn’t kill the writer. The person she or her boyfriend stole the computer from did. That was the only way he could have it.
His cell phone startled him. He recognized Kayla’s number. “God, why did she have to call now?”
He answered and she sounded down. He didn’t say much, even after she’d explained what happened in court. He put her off when she asked if he’d like to meet for lunch. Because of the other stuff, and now this, he didn’t think he should talk to her, couldn’t talk to her.
“Darren, is something wrong?”
“Actually, I’m tired and have a lot on my mind.” He didn’t lie—he couldn’t get more tired or have more on his mind.
After several strained minutes, she hung up and he lay back on the bed, staring at the ceiling. He loved this woman. Wanted to be with her, but he never could. He didn’t want to hurt her, and if he confronted her with all this, he’d do just that. Now, this computer had come up, too.
He thought about how to get rid of the computer. Many scenarios crossed his mind. He could erase the hard drive and turn it over to Kayla. That would solve the immediate problem, but if he did that, he’d allow a killer to go free.
A person who had killed once and gotten away with it might kill again. He couldn’t stop the first one, but if it happened again, he’d be responsible for that person’s death.
Just as he couldn’t live with looking over his shoulder, waiting for some unknown person to kill him if they perceived that he’d hurt Kayla in some way, he couldn’t let a killer walk free.
When he turned over the computer, his relationship with Kayla ended, anyway.
TWENTY-NINE
Darren couldn’t talk to Kayla about this—not now. He picked up his cell phone and called Marvin. When the attorney answered, he told him what he had. Marvin asked him to stay in his room—he’d be over in a few minutes.
Kayla skipped lunch. She needed to be by herself, away from people, think, and succeeded in losing everyone except Lester. She collapsed in a dark office behind the attorney conference room in the courthouse, with Lester on the outside. She wanted to be finished with this trial. Tired of Loren Estes and all that had complicated her life, tired of what she had to do to people for the likes of Loren Estes, and tired that she had to have a bodyguard. She needed to get away.
She’d love to get away with Darren, but after their last conversation, brief as it was, she could tell something bothered him. Every instinct told her it had to do with her, something she had done, but she couldn’t think of what could have upset him. Could it have something to do with Lester? They hadn’t talked about it, but surely, he couldn’t be jealous.
They really hadn’t talked about too much—hadn’t known each other long. She shouldn’t feel the way she did about a man she knew so little. Her mother always said that time had nothing to do with the heart. Her mother’s saying described the way Kayla felt. On the other hand, was her mother talking about her own situation?
When her cell phone rang, Marvin’s name showed on the caller ID. She didn’t want to answer, didn’t want to talk to anyone until she had to, but Marvin didn’t call her often, and when he did, he thought it important.
“Kayla—Darren found the laptop.”
“What?” she asked although she’d heard what he said. She hadn’t believed they would find it. “Are you sure it is the right one?”
“I just got here and looked at it. I don’t know what it contains, but it is definitely Michelle McCrery’s laptop.”
“Marvin, where are you?”
“I am at Darren’s hotel.”
She’d talked to Darren not thirty minutes before and he didn’t say anything about finding the laptop. As a matter of fact, he had said little to her. He hadn’t consoled her for what she did in court, or even asked about it. That wasn’t like him—one reason she knew something was wrong.
Now, he called Marvin with this and not her. She took a deep breath. “I’m going to Judge Ballard and see if we can get a continuance for discovery.”
“Think he’ll grant it?”
“Yeah, I think so. He knows we’re looking for it. Besides, if he thinks he can stick it to Proctor within legal bounds, he will.”
Marvin chuckled. “He hates Proctor’s guts. Call me back and let me know what we need to do. I’ll stay here with Darren.”
When she hung up, she laid her forehead on the cold wood table that matched her soul— cold. Lemon fragrance from the wood polish seeped through her consciousness.
Another fight coming with Proctor. He should want this evidence brought before the jury, should want the truth to come out, but he’d fight anything that didn’t benefit him and the victory he desired. He didn’t consider justice, just his political campaign.
When she entered the lighted hallway, she stopped to let her eyes adjust. “You take a nap, Ms. Kayla?” Lester asked.
“Lester, you know you didn’t need to stand here. You could’ve gotten something to eat or sat down, something.”
Two people walked by as they talked, never taking their eyes off the bodyguard, even when they passed. She liked Lester, and found him intelligent and interesting to talk to. She’d definitely try to hire him when this trial ended. Didn’t know what he’d do, but she’d find something.
She trudged down the hall, Lester behind her, and told the judge she needed to see him and Proctor about new evidence. She went into the judge’s office as the secretary called Proctor. Ballard looked at her over the top of his glasses. “Did you find the laptop?”
“Yes, sir, the investigator took possession of it about an hour ago during the trial.”
Before the judge could reply, a hot wind swept into the office, boiling mad.
“What is this crap about new evidence? I’m not standing for any more of this.”
“Sit your butt down, Proctor. You’ll stand for what I say you will.” The judge half-rose from his seat, leaned across, and pointed his finger at the DA. “I’m fed up with you. Sit your butt in a chair, shut your mouth, and listen.” He turned to Kayla. “Do you have a motion for the court?”
Kayla watched Proctor with a raised eyebrow as he flopped into a seat, crossed his arms, and glared just like a spoiled kid. “Yes, Your Honor, I’d like to ask the court for a continuance until we can properly evaluate the evidence.”
“What evidence?”
Ballard’s gaze shifted from Kayla to Proctor. “Ms. Nugent’s investigator found Michelle McCrery’s laptop.”
He jumped out of his chair. “She is just now declaring this for discovery? I think it is a little too late for that.”
In an exasperated voice, the judge said, “Proctor, he just found it. She contacted us as soon as she found out. She hasn’t even seen the evidence yet.”
Kayla leaned her head back, staring at the ceiling as the two men went at it. She could have told them all this on the phone, let them argue ab
out it, and notify her of the decision, but she’d win this argument. Even though Proctor wanted it left out, the judge couldn’t do it.
She raised her head when Ballard asked her how much time she’d need. “Sir, I’d think the rest of the afternoon should be sufficient. I can let the court and Mr. Proctor know what I need after I look at it.”
“Oh—she’ll let us know what she needs. That is mighty gracious of her majesty.”
She whirled to face Proctor. “Shut the hell up, Queenie.”
Proctor sputtered as Ballard laughed. “Sir, would you mind ruling on the continuance so I can get away from this—” She pointed at the DA.
“Ms. Nugent, you may have the rest of the day. I’ll send the jury home and make the announcement in court.”
She called Marvin and told him to meet her at the office. She beat him there by about ten minutes. She’d expected Darren to come, too, but her heart sank when her assistant told her he’d stayed at the hotel.
She told him about the fight with Proctor and the continuance until in the morning. “Have you looked at it?”
“Yeah, but I haven’t seen anything that’s important.”
“Did Darren say who he got it from and how they come into possession of it?”
“Not how they came into possession of the computer. He said he bought it from a man and woman who said they stole it. They didn’t give him their names.”
Kayla powered it up. The desktop contained several folders. Her eyes narrowed as she read one. She opened it and froze. All her energy left and she fell back into her chair.
She buried her face in her hands. “Oh, God. Please no. God, no!”
* * * *
When Kayla screamed, the door burst open and Lester charged in, followed by Sarah Jane. Marvin took one look at Lester, jumped from his seat, and ran behind Kayla. “I didn’t do anything to her,” he yelled, palms out toward Lester.
Kayla, not altogether aware of what happened in her office, waved Lester off. Marvin sagged against the wall when Sarah Jane caught Lester’s arm and escorted him out.
