Lucinda ducked back. ‘I can’t go in.’
‘Why not? It’s your case, isn’t it?’
‘Yeah, but Reed warned me to stay away.’
‘Why do you listen to him? It’s your case; you have the right to be there.’
‘Sometimes, deputy, you have to choose your battles.’
‘I hear you on that. C’mon,’ he said with a jerk of his head. ‘I’ve got the perfect solution for your problem.’ He led her into the sheriff’s closed circuit control center.
Multiple screens lined the wall, showing camera shots of every courtroom and pivotal locations in the main lobby and at the entrance. ‘Hey, Bucky. Bring up camera five in the viewing screen. Here, lieutenant, have a seat. Headphones are hanging under the table. And this knob here adjusts the sound.’
The screen flickered on. ‘Thank you, deputy,’ Lucinda said as she settled into place and tweaked the volume.
The defense attorney waved his arms in the air. ‘Your honor, I am outraged at these allegations and disturbed by the attitude of the state. They have taken a simple wish of a father to spend some enjoyable time with his son and perverted its meaning. All my client was saying in his message to his son was that he wanted to spend some time together, relaxing, enjoying each other’s company. My client has been a victim of a great injustice. Locked away, kept from his son by the actions of the state.
‘Soon, the state will either drop the charges or we will be back in this courtroom to defend the innocence of my client. Either way, with the previous court decision overturned, my client should have the benefit of the doubt. He deserves, like any defendant, to be considered innocent until proven guilty, anything less is a deliberate and provocative perversion of justice and an insult to the judicial system of this great nation.’
Judge Thurston turned to the district attorney. ‘Mr Reed, do you have anything further to add before I rule on this matter?’
‘Yes, your honor, we’d like to submit the following documents that we obtained this morning from the airlines. Two reservations on a flight to the Cayman Islands scheduled for 6:10 this morning. The reservations were in the name of Chris Phillips and Trevor Phillips.’
‘I object, your honor,’ the defense attorney said, rising to his feet. ‘I object. This is the first I’ve ever heard of these documents. I question their validity and I question the timing of the state’s introduction of this evidence.’
‘Your honor,’ Reed interjected. ‘I was already in this courtroom when I received this document. In less than a minute after it arrived, you’d taken your position behind the bench. I had no time to do anything else.’
‘Your honor, I strongly object—’ Phillips’ lawyer began.
‘Save it,’ the judge said. ‘The defense team does have the right to review this evidence and reach their own conclusions. The court defers its decision until Friday when you can present your arguments once again.’ The judge banged down the gavel.
Lucinda smiled. Good, she thought. She stayed in place, watching deputies cuff Phillips and escort him out of the courtroom. Then, she snuck out the side entrance of the Justice Center and went over to the deli for lunch, with high hopes that the afternoon in court would turn out as well as the morning had.
THIRTY-SIX
Lucinda placed an indulgent order for lunch – a big, fat Reuben on dark rye with melted Swiss cheese, with a baton-sized kosher dill on the side. When it arrived, though, her appetite was already gone.
She nibbled on a corner of the sandwich before giving up. She got the waiter to box it up and went back across the street to the Justice Center where she went to the break room. She wrapped the box in yellow police tape before putting it into the refrigerator. Even with that precaution, she knew her sandwich wouldn’t be safe for long. Hopefully, she’d feel like eating once the hearing was over.
She dawdled in her office not wanting to get downstairs in time for Reed to intercept her but knowing she had to be there before the proceedings started or risk alienating the judge. Outside the courtroom, reporters spotted her.
Cries of ‘Lieutenant! Lieutenant!’ filled the air around her. She looked straight ahead and did not pause to acknowledge their presence. ‘Why are you here, lieutenant? What do you know? And when did you know it? Do you feel any responsibility for ruining this woman’s life?’
Martha’s attorney Nelson Culver spotted her first and nodded in her direction. The district attorney saw the gesture and turned to see who had drawn Culver’s eye. His brow furrowed and his nostrils flared as he saw Lucinda. He leaned down to the assistant DA, whispered and then strode down the aisle. ‘I told you not to show up in this courtroom, Pierce.’
‘I was subpoenaed. I had no choice.’
‘Leave this courtroom right now before the judge arrives and I’ll forget this ever happened.’
Coming up behind Lucinda and placing a hand on her shoulder, Captain Holland said, ‘No one under my command will ever ignore a subpoena.’
‘Captain,’ Lucinda said, surprised by his presence.
‘Lieutenant,’ Holland acknowledged.
‘Holland, her presence in this courtroom will not only damage the office of the district attorney but it will also blacken the reputation of your department.’
‘What happened, happened,’ Holland said. ‘I wish the lieutenant was not subpoenaed but she was. We all need to adapt to that reality and right now, we all need to take a seat.’
Lucinda moved toward the side aisle on the defense side of the chamber but the captain put a hand on her arm and guided her over to the prosecution side. ‘It’s not a wedding; you don’t have to sit with who invited you.’
As they settled into a row, the clanking of chains drew their attention to the left side of the courtroom where Martha Sherman entered, escorted by two deputies. She spotted Lucinda and gave her a nervous smile.
The judge was announced and took his position behind the bench. He slipped on a pair of reading glasses and shuffled through the papers before him. ‘I’ve read your motion for the immediate release of your client, Martha Sherman, counsel. Do you have any additional argument or witnesses to call in support of your motion?’
‘Yes, sir, your honor,’ Culver said. ‘The defense calls Lieutenant Lucinda Pierce.’
‘Objection, your honor,’ Reed shouted.
‘The state knew full well that we planned to call this witness, your honor,’ Culver said. ‘They were aware that we had served her with a subpoena.’
‘Mr Reed?’ the judge said.
‘May we approach the bench, your honor?’ Reed asked.
‘You are aware that this is a hearing, not a trial, aren’t you, Mr Reed? You do know there is no jury in this courtroom, don’t you?’
‘Yes, your honor, but there is a sensitive matter with the lieutenant’s testimony that I do not think would be appropriate to address in the presence of the media.’
‘Very well, both attorneys please approach the bench.’
Lucinda couldn’t hear anything but mumbles from where she sat. She tried to read lips, but Reed and the judge both kept a hand up blocking their mouths. She settled for watching their body language. Reed was clearly angry. The judge, with a scowl on his face, appeared more than a little annoyed. Only Culver seemed relaxed and unperturbed. That, she thought, was a good indication that all might go well for Martha.
When the lawyers walked back to their respective tables, Culver smirked and Reed looked as if he might spontaneously combust at any moment.
‘Mr Culver,’ the judge intoned, ‘you may call your first witness.’
‘The defense calls Lieutenant Lucinda Pierce.’
Lucinda timed the pace of her walk to the witness stand. She did not want to appear too eager or too reluctant to testify. She raised her hand to be sworn in as a witness and then took her seat.
After the preliminary questions about her identity and experience, Culver asked, ‘Did you review the records of Ms Sherman’s criminal investigation and
trial?’
‘Yes, sir, I did.’
‘Did you uncover anything that raised your concerns as a law enforcement officer?’
‘Yes, sir, I did.’
‘Did you find any evidence of prosecutorial misconduct?’
‘Objection, your honor,’ Reed interrupted. ‘The lieutenant is not an attorney, not an expert on that point of law, and she is not qualified to present what amounts to a judicial decision.’
‘Sustained. Just ask her what she found, Mr Culver.’
‘Yes, your honor. Lieutenant Pierce, when you were searching the files on this case, were you concerned about the integrity of any of the documents?’
‘Yes, sir. I found a problem with one interview transcript. Only clean originals should be in the file but I found a document marked with redactions.’
‘What were your initial thoughts when you discovered this anomaly?’
‘I thought a mistake had been made. I thought that somehow a version of the transcript prepared for public release inadvertently went into the file.’
‘What did you do then?’
‘I went through the audiotape archives to find the actual recording of the interview to listen to it in its complete form. But when I played the three tapes, they were blank.’
‘Another mistake, lieutenant?’
‘It did not appear to be an error. It seemed to be deliberate. The hiss on the tape sounded like erasure noise.’
‘Did you take any additional steps, lieutenant?’
‘Yes, I went to interview the original subject on the tape.’
‘And what did you learn?’
‘She told me that—’
‘Objection,’ Reed shouted. ‘Hearsay.’
‘Sustained. Lieutenant, you can answer to the nature of the information she provided but not the specific content of what she said. Do you understand?’
‘Yes, your honor.’
‘Proceed. You may answer, lieutenant.’
‘She shared with me the exculpatory information that she had given to law enforcement during that interview.’
‘Are you saying that the interview contained information that would have helped the defense in her case?’
‘Yes, I am.’
Culver shuffled through papers. Lucinda hoped he didn’t ask her about visiting Martha in prison. Reed knew she had been there but he didn’t know about the conversation and she would not lie about that under oath. If she was asked, she’d answer truthfully. But she hoped she was not asked. To her great relief, Culver said, ‘That’s all, your honor. I have no more questions for the witness.’
The judge said, ‘Your witness, Mr Reed.’
He stood up and leveled a hard look at Lucinda. ‘Were you the lead investigator in the Emily Sherman murder investigation?’
‘No, sir, I was not.’
‘Were you a homicide detective at the time?’
‘No sir, I was not.’
‘You were simply an officer assisting Homicide in an investigation, is that correct?’
‘Yes, sir.’
‘In fact, you didn’t know what you were doing, did you?’
‘Objection, your honor. Badgering the witness.’
‘Sustained.’
Reed looked down at the papers piled on the table and continued, ‘You didn’t have much experience with murder investigations at that time, did you?’
‘No, sir.’
‘Is it true that the only reason you ever got a position in the homicide department was because of the untimely death of Lieutenant Boswell?’
Lucinda refused to give him what he wanted. She looked over at the captain and recalled his words and said, ‘It was one of the reasons, yes, sir.’
Holland nodded at her.
‘But you wouldn’t have gotten the job if he hadn’t keeled over—’
‘Objection. Asked and answered,’ Culver interjected.
‘Sustained,’ the judge said. ‘Move on, counselor.’
Lucinda never liked a defense attorney more than she did Nathan Culver at that moment.
‘Despite the fact that Lieutenant Boswell died to give you a job, you—’
‘Objection, your honor,’ Culver said. ‘The state’s attorney is testifying, not asking a question.’
‘Your honor, there is a question in this sentence.’
‘Sustained. Reword the question, counselor. The lieutenant is not on trial here.’
‘In the course of that investigation, did you do something you regret?’
‘Yes, sir, I did. I regret I accepted too much at face value and—’ Lucinda started.
‘Please stick to yes or no answers, lieutenant,’ Reed interrupted.
‘Objection,’ Culver said.
‘Overruled,’ the judge answered.
Reed beamed like a cat ready to pounce on its prey. ‘When you realized that your actions during the original investigation may have played a role in the conviction of an innocent woman, did you attempt to pin the blame for this wrongdoing on a dead detective?’
‘I did not.’
‘Then, why did you set out to destroy his reputation?’
‘Objection,’ Culver yelled. ‘Badgering the witness.’
‘Gentlemen, please step up to the bar. Lieutenant, you can step down but remember you are still under oath.’
Lucinda was disappointed. She thought she’d get to hear every word from the witness box. Again, she tried to translate the meaning of their interaction without the benefit of sound. Once again, Reed looked very unhappy.
When they returned, Reed glared over at her before turning to face the judge. ‘Your honor, I have no further questions for Lieutenant Pierce at this time.’
‘You are dismissed, lieutenant,’ the judge said. ‘Any further witnesses, Mr Culver?’
‘Yes sir, the defense calls Lisa Pedigo.’
Lucinda smiled. It was all over now.
Lisa reiterated her original interview with law enforcement, including the victim’s treatment of Martha Sherman, theft of Martha’s car, and the complication of Andrew Sherman’s affair with heiress Dora Canterbury.
Culver asked, ‘Who was present for that interview?’
‘Lieutenant Boswell.’
‘Was Lieutenant Pierce present – or Sergeant Pierce as she was at the time?’
‘No, sir. I never spoke to her. I never saw her until she came to my home last week.’
‘Was the district attorney present at your interview?’
‘No, sir.’
‘To your knowledge was he aware of your interview?’
‘Yes, sir, I know he was. We talked on the telephone about it. We went through the whole thing. I must have been on the phone for more than an hour.’
‘Did you hear from anyone else at the time of the investigation or trial?’
‘No, I thought that was odd.’
‘Odd, in what way, Ms Pedigo?’
‘I had expected someone on the defense to contact me. I was surprised that they didn’t want to question me, too.’
‘Why did that surprise you?’
‘Mostly, because I knew that Martha did not have access to her automobile at the time of Emily’s disappearance. I knew that Martha had not left her house between the theft of her car by her stepdaughter and the discovery of her car stained with Emily’s blood. I knew that Martha couldn’t have done anything to Emily.’
‘Why didn’t you assert yourself to make sure that information was known to the defense at the time?’
‘I called the detective and the district attorney but got no response to my messages. I know I should have made the same effort with the defense lawyer but . . . but . . .’ Lisa paled, threw her hand over her mouth and seemed to shrivel in front of Lucinda’s eyes. On the surface, the detective didn’t think it was a fair question to ask Lisa, because it seemed to cast blame on her. She hoped there was more to it.
‘Your honor,’ Mr Culver said, ‘perhaps we should take a quick break to allow Ms Pedigo to com
pose herself?’
Lisa shook her head. ‘No, please. I’m sorry. I am ready to continue.’
‘Are you certain, Ms Pedigo?’ the judge asked.
‘Yes, your honor.’
‘Do you recall the question, Ms Pedigo, or do you need me to repeat it?’ Culver asked.
‘I can answer. A few months before the trial, my daughter grew ill, very ill, gravely ill. She had a brain tumor, malignant as it turned out. All my focus was on her. All my concern was about her. We lost her . . .’ Lisa said and choked on her words. ‘We lost her but I have no idea if it was during the trial or after the trial. I just don’t know. I was an emotional disaster zone. I wasn’t even aware of the verdict until years later.’
‘Thank you, Ms Pedigo,’ Culver said quietly and sat back down behind the defense table.
‘Your witness, Mr Reed.’
‘We have no questions for the witness, your honor.’
Lucinda sighed out her relief. She had thought Reed would try to tear Lisa apart, too.
‘Do you have any additional witnesses, Mr Culver?’ the judge asked.
‘No sir, your honor.’
‘Mr Reed, do you wish to call any witnesses in opposition to this motion?’
‘Your honor, I would like to approach the bench.’
The judge stared at him, shook his head and said, ‘Granted.’
Culver and Reed whispered with the judge. Culver walked away with a smile on his face and squeezed his client’s hand as he returned to his seat. Reed’s head hung down and he looked as if he was slouching to a fate worse than death.
‘Mr Reed? Did you have something to tell the court?’ the judge asked.
‘Yes, your honor. The state is in accord with the defense motion. We have no objection to Ms Sherman’s immediate release.’
‘The court orders the immediate release of Ms Sherman from the state department of corrections. And also orders that her criminal records be forthwith expunged. And, Mr Reed, if the state does anything to delay the execution of the court’s orders, you will be found in contempt. I want this woman released this afternoon.’
Martha swiveled around in her chair and mouthed, ‘Thank you. Thank you,’ at Lucinda. As she turned her head back, she froze halfway, a look of horror on her face.
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