Will of Justice_A Legal Thriller

by Peter O'Mahoney

  “I don’t understand what’s happening. Nobody is talking to me. They all want me to keep my mouth shut like a good little girl and do as I’m told. That’s not me, Bill. I won’t play their stupid little games. They have these rules that aren’t supposed to suit someone like me. They aren’t designed for me. I want to break all their rules.”

  “Anna.” He waits for her eyes to look at him before he continues. “This is the situation that we’re in. I need you to take a long, slow deep breath before we talk any further.”

  She looks at him, closes her eyes, and inhales until her chest is full. When she exhales, her shoulders drop further from their height of tension, and she places her hands, palms down, on the table in front of her.

  “I’m listening.”

  “You’ve been arrested and charged with the murder of your aunt, Jessica Lempare. That much we know. Why don’t you take me through what happened?”

  “I didn’t do it, Bill,” she says as her eyes plead with him. “I didn’t kill my Aunt Jessica. I didn’t do it.”

  “There’s evidence to suggest that you did. That’s why you have been arrested. I have had a brief look at the file on your arrest, and a witness places you there around the time of the murder.”

  “I didn’t do it,” she insists. “I wasn’t even there. It wasn’t me. Aunt Jessica was alive when I saw her last. She was alive.”

  “I imagine that you’ll plead Not Guilty to this charge then?”

  “Yes! Of course! I am innocent.” She shakes her head again. “This is horrific. I didn’t do it. How could the police get this so wrong? I didn’t do it.”

  “Yet, you don’t appear to have been crying? You don’t seem overly upset about the death of your aunt? You seem more concerned about the fact that you’ve been arrested, rather than the fact that you’ve lost a family member.”

  “I’m upset,” she argues. “She was my Aunt. As much as we didn’t see eye to eye, the old bat was still the last surviving member of my family. Do you know what that is like? To be the last person from your whole family? Generations of history rely on you. Do you know how that feels?”

  “No. I don’t.”

  She looks down at the table, running a finger over the hard metal edge. “What happens now?”

  “You’ve been charged with murder in the first-degree. There will be a grand jury to determine whether there is sufficient evidence to indict you on a felony charge. If you plead Not Guilty, then we will begin the trial process. There’ll be discovery between the prosecution and the defense, and we’ll discuss a plea bargain. If nothing is resolved at this point, then the case will go to trial. It’s the trial where we will try and prove your innocence.”

  “That sounds like a long process. Do I have to stay in jail the whole time? I don’t want to stay in here. I’m innocent. I’m innocent,” she repeats. “I don’t want to have to wait in here until it’s all over.”

  “Anna.” Opening his briefcase, Bill calmly removes his notepad. “Have you been convicted of any criminal offense before?”

  “No. Never. I’m innocent.”

  “Not even something that is connected to your protesting?”

  “No. Not arrested. I’ve been held, but no charges were ever laid. And I was questioned about pushing my aunt years ago, but again, no charges were laid.”

  “Then we’ll apply for bail if you don’t want to wait in here. I must warn you that the state of California sets bail at a minimum of one million dollars for cases of first-degree murder.”

  “Do it. I’ll put my apartments up for the collateral. They are worth more than one million dollars. I’ll put them up for the bail money. I just can’t stay in here.”

  Quickly, he scrawls handwritten notes. “The prosecution will argue that you’re a flight risk due to the amount of travel you have done in the past, so the court will most likely choose to confiscate your passport.”

  “They can’t have my passport. That’s my freedom. I don’t want to give them my passport. That’s as much a part of me as my heart. I’m not giving that to anyone.”

  “It’s either that or stay in here. You won’t be given bail unless you surrender that passport.”

  As the thought of spending the rest of her life in prison crosses her mind, the color drains from her face. “Take my damn passport. They can have it.”

  “That’s the first step in this process, and there’s no guarantee that bail will be granted. However, I think that with your lack of criminal history, and the lack of really strong evidence, we should be able to achieve that.”

  “What evidence could they have? I wasn’t there!”

  “What we know at this point is that your aunt was strangled in her apartment yesterday afternoon. There are witnesses that place you in her apartment around the time of her death. The neighbors even heard you arguing with your aunt around the time of her death. The police state that you have a motive as a copy of the will was found on the floor next to her body. She had been handling the will before she was strangled. The police state that it’s a motive for the murder. They’re currently processing the DNA evidence of the crime scene, and as you don’t have an alibi for the time of death, they’ve charged you. I expect that there will be more evidence to come, but we will have to deal with that when it happens.”

  “No.” Anna shakes her head again. “None of this is ‘evidence’. None of it. I didn’t do it. I was at home watching television.”

  “By yourself?”

  “Yes. I was by myself,” Anna snaps. “I was watching television by myself. That’s perfectly normal behavior!”

  He stops taking notes, staring at the young lady for a moment. “I’m on your side, Anna. I’m here to do what’s best for you. You will hold that attitude and treat me with respect.”

  “Yes, sir.” Her eyes look back at the table in front of her.

  Staring at her for a while longer, Bill waits before he continues taking notes.

  “Anna, I have all the information I need for now. We will take this to the arraignment hearing, and that will be your first court appearance. There, the prosecution will detail the charges against you, and it’s there that you’ll enter your plea. After you plead Not Guilty, we’ll apply for bail. As you don’t have a criminal record, and you’re not likely to be a risk to public safety, bail may be granted. Within ten days after this, we will have a preliminary hearing. Do you understand that, Anna?”

  “I think so.” She provides a gentle nod. “Does that mean I have to spend some more time in here?”

  “Yes.”

  “This is just a misunderstanding. I’m innocent. I didn’t do anything wrong. I was just watching television. This will all be sorted out quickly, won’t it?”

  Placing his notepad in his briefcase, he slowly closes the leather top. “No, Anna. This is a long, drawn out process. My suggestion to you is to settle in and be ready for the long haul. There’s a lot of work ahead of us.”

  CHAPTER 6

  “Good shot!” Kate Spencer calls out as her son, Connor, smacks a baseball into the outfield. “Now, run! Run those little legs!”

  Kate loves her Sunday afternoon Little League baseball games. She loves sitting in the stands, with the sun on her face, cheering on her eight-year-old son to do what he loves. For her, this is what motherhood is about.

  It isn’t about the fights for child support payments with her ex-husband, it isn’t about the custody battles she has had over the years, and it isn’t about the amount of times she has to explain to her son why Daddy has another new girlfriend.

  This is a place where she can forget the last five years of fighting, and simply enjoy being a mother.

  Bill Harvey sits next to his friend, and office assistant, laughing at the amount of passion that she has for the outcome of a Little League game.

  “Good throw.” She claps as she cheers on the other team as well. Kate doesn’t want to cheer for the other team, but she knows she has to, just to appear like she isn’t a crazy sports
parent. When the crowd hears her cheering for both teams, they accept her little bit of loud craziness.

  “Did you see him hit that ball?” She grabs her friend’s arm. “He’s getting better every week. He’s really starting to smash that ball now. Wow. I’m so proud of my boy.”

  “He’s growing up fast, Kate, and he’s getting stronger every week. Before you know it, he’ll be a young man running around that field.”

  “Oh, don’t say that. I don’t want to think about the day my boy no longer needs his mother.” She frowns.

  “Here he goes again.” Bill gestures to the outfield as Connor starts to run between bases.

  “Good run, Connor!” Kate cheers again as her son sprints to home base with desperation. “Great job, Connor! Great run!”

  As Connor high fives his friends on the bench, mostly ignoring his loud mother, Kate turns to Bill.

  “I’ve got a joke for you,” she says.

  “Go on,” Bill says as he starts to smile.

  It’s their usual Sunday afternoon routine – they trade their best jokes of the week in an attempt to bring humor into their weekend.

  “I bought my friend an elephant for his room the other day. ‘Thank you,’ he said. I said, ‘Don’t mention it.’”

  “Ha!” Bill laughs. “That’s good. Alright… Did you know that I left my first job in sales because I couldn’t work for the boss after what he said to me?”

  “What did he say?”

  “You’re fired.”

  “Ha!” Kate laughs. “Apparently, someone gets stabbed in L.A every 65 seconds… poor guy.”

  “That’s a good one.” Bill grins. “Kate, did you know that I’m very good at making up words? Do you want to hear one that I have just made up?”

  “Sure.”

  “Plagiarism.”

  “Hahaha!” Kate laughs out loud. “That’s comedy gold. I’ll give you the win this time.”

  Bill smiles, happy with himself, but it isn’t long before his thoughts drift back to his current case, and the smile vanishes from his face.

  “You’re thinking about Anna still, aren’t you?” She questions when she sees the serious look on his return.

  “I’m trying not to.” He rubs his hands together. “But she’s gotten into my head. Her world fascinates me, Kate.”

  “And what are your initial thoughts?”

  “Not Guilty.”

  “Really?” Kate laughs freely. “Don’t you think that it’s all too much of a coincidence? Think about it. A spoilt little brat comes to your office to say that there’s a dispute in the will. You advise her that nothing can be done, and then the trustee of that will shows up dead. That’s more than just what you would expect would happen in the normal course of events.”

  “Do you know what a magician does, Kate?”

  “Trick people really badly.”

  “Misdirection. The key to a good trick is misdirecting the audience to think something has happened other than what has actually happened.”

  “You’re saying that a magician killed the aunt?”

  “No.” He chuckles. “I’m saying that if everyone is looking in one place, then they miss things that are happening elsewhere. That’s the misdirection. You have to see behind the magic, and look at what has really happened.”

  “What do you think really happened?”

  “I’m not sure yet, but I’m working to figure it out.”

  “Did she make bail?”

  “Just. She put up her two apartments to match bail, and it was granted. She’ll be in the office tomorrow morning, so I would like you to be nice to her.”

  “Of course. I’m always nice.” Kate grins. “Go! Go!”

  Kate stops their conversation suddenly to yell at the kids on the field, clapping even louder.

  “Everyone needs a passion in life,” Bill comments to the people next to him, who are staring at the noisy mother cheering on the team.

  When the game has finished, Connor greets his mother with a large smile.

  “Well played!” she shouts, squeezing Connor into a tight, motherly hug. “You were fantastic. I loved the way that you hit that ball!”

  “Thanks Mom,” he replies, still buzzing high on the sports win. “Can I go around to Harry’s place for a play?”

  “Of course, if it’s fine with his Mom, then I don’t have a problem with that.”

  “She said I could go around.”

  “Ok. Just be back in time for dinner, and take your sweater. I don’t want you to get cold.”

  “And if you get too cold, just go and stand in a corner,” Bill comments.

  Kate and Connor turn, staring at Bill. “Why?”

  “Because it’s always 90 degrees in a corner.”

  Connor bursts out laughing, and Kate shakes her head with a smile. “Have a good time,” she says to her son, kissing him on the forehead.

  After Connor has run across to his friends, she turns her attention back to Bill. “You know, Connor has a school project on law at the moment.”

  “He’s learning about law as an eight-year-old?”

  “Just the basics, Bill. Arrests, prison, court – that sort of thing. One of the dads in his class is a policeman, and he’s going in to talk with the kids. The teacher has asked if anyone else would be interested in coming into class to talk with the children. It would be really great if you could go in and talk about the law.”

  “Me? I’m not his father.”

  “But you have been a big part of his life, Bill. And he adores you.” Kate beams. “Plus, his father is a deadbeat. The only thing he could talk to the class about would be how to avoid paying child support. And… I would really like it too if you were to make it in there.”

  Bill sits up proudly. “I’ll have to ask my assistant if I have room in my calendar to make it.”

  “I hear that your assistant is very good, Bill. I’m sure she can make room for it.” Kate winks.

  Sitting in the stands overlooking the baseball field, Bill feels a wave of satisfaction wash over him. He looks at Kate with love as she continues fervently congratulating her son’s baseball team, wondering when he will have the bravery to tell her how he feels.

  Maybe when this case is over, he reasons with himself.

  CHAPTER 7

  The Anna that walks back into Bill’s office the following morning isn’t the bright, young, determined girl that walked in there the first time.

  No, this Anna is broken.

  She looks defeated; as if a part of her life has gone missing.

  Her shoulders are slumped, her feet are dragging, the fire gone from her eyes. Her shirt is unironed, her jeans are dirty, and she doesn’t look like she has slept in the past five days.

  “Please sit down,” Bill says with a gentle tone. “How are you doing?”

  She shrugs her shoulders. “I’m fine.”

  Bill raises his eyebrows at her. “Really?”

  “No!” she snaps. “Things are horrible. My only family member is dead! I’m accused of her murder! And the courts have taken the one thing away from me that I love more than anything.”

  “And what’s that?” Bill questions.

  “My passport!” She almost bursts into tears. “They’ve taken my passport. That’s my life’s work. That’s my passion. And now it’s gone. It’s all gone. And I’m innocent, Bill!”

  The fire is back. Bill only needed to poke her once.

  Leaning back in his office chair, he doesn’t answer her aggression.

  “I’m not going to prison. I couldn’t even bear the thought of being stuck in the army. Even that seemed too restrictive. Not being able to go wherever I want, whenever I want, scares the life out of me. I couldn’t think of anything worse. It hurts me to the core. Jail… jail… that’s something else. There’s no way I’m going to do that.”

  “You might have to.” He’s blunt in his statement.

  As much as he works for the best outcomes for his clients, he’s also a realist and ma
kes sure that his clients are aware of their possible future.

  “I can’t do it.” She nervously scratches her arm. “I can’t do it. I’m not going there. No way. No way.”

  “Anna, we have a very strong case against us. We—”

  “Bill.” She interrupts, her eyes thinning as she stares at him. “If it looks like we’re going to lose this case, then you need to give me plenty of warning. If you think this case is sinking, then you need to tell me sooner rather than later. Promise me that.”

  “Why is that?”

  “Because I’m not spending my life rotting behind bars. I can’t live like that. I just can’t do it.”

  “What are you saying?”

  “I’m saying that I’ll take any opportunity not to spend time behind bars,” Anna states with a sinister look in her eyes. “I’m saying I’ll do what it takes to never go back there.”

  He nods with understanding. “Please don’t tell me any more than that. If the worse case scenario happens, then I won’t be able to tell the police what I don’t know. Don’t tell me where you’ll go. I don’t want to know that information, but as my client, I’ll tell you if it looks certain that we’re going to lose the case.”

  “Thank you.”

  “When is the funeral for your Aunt Jessica?”

  “The police have released her body, and it’s booked in for tomorrow morning. It’s a cremation. That’s the way she wanted to go. The ceremony is going to be held at the White Hat Funeral Center tomorrow at nine a.m. You’re welcome to come if you like. I’m sure there will be room in the chapel for you. My Aunt Jessica didn’t have many friends. In fact, it’s likely to be me, and the two guys from the charity. She lived a very lonely life.”