Victim of the Defense

by Marianne Woolbert-Maxwell

  “Tarkington’s attorney keeps threatening that they know something about you.” Megan looked at Lucy and studied her expression. “He keeps blowing off that they have the goods on you and will use them. Any idea what they could possibly be referring to?”

  Lucy shifted in her chair. “No idea,” she said, shaking her head. “They give any clues as to what it is?”

  “They paint a picture of you as a woman who hunts down men with money and makes false allegations trying to get money out of them.”

  Lucy laughed. “Really?”

  Megan smiled. “That’s the story. They claim that Tarkington was only the latest in a string of them and the biggest fish. Please don’t take this the wrong way, but I need to know if there is anything in the past that could come back to haunt us.” Megan could see Lucy’s expression darken.

  “You’re asking if I have extorted money from men?”

  “No, I’m just asking if there are any skeletons, so to speak, that I need to know about. Any relationships I need to know about.”

  “Like what? Former lovers that could cause me problems?”

  “That has been known to happen in this world.” Megan sighed. “Any relationship that could be construed as…” She paused.

  “Where I set a guy up for money?” Lucy said curtly.

  “Anything.”

  Lucy leaned back in the chair. Megan could see she was not happy about this line of questioning. They sat in silence for several minutes.

  “The worst thing I can think of was a married man I dated. I was young and stupid. It went on for a few years until I had finally had enough. I regret that relationship more than I can say.”

  Megan poised her pen on the legal pad. “Anything at all about that situation they could use against you?”

  Lucy shook her head. “Nothing more than a very poor choice on my part.”

  Megan picked up the file folder and looked through it.

  “I noticed in the background check I had done that you didn’t start looking for a job in law until four years after graduating law school. Any reason why you waited that long?” She flipped through her notes. “It looks like you had jobs in other fields but not law except for a stint as a paralegal. Why?” Megan looked directly at Lucy.

  For a couple of moments Lucy said nothing. “After I did the internship during my last year of law school with that firm in DC, I didn’t know if I wanted to commit to being a lawyer.” She ran her hand over the arm of the chair. “The day in day out practice of law was so stressful and …..” she trailed off.

  “And what?”

  “I just wanted to be sure this was for me. That’s all.”

  Megan said nothing for several moments. “I saw that you did take the bar exam after graduating.”

  Lucy nodded. “I failed.”

  “After that you decided to make sure this was for you? Didn’t you know that when you took the bar?”

  “After I didn’t pass I took it as a sign that maybe I needed to slow down and look around. Decide if this was really for me.”

  “At what point in all that did you start tutoring Tarkington?”

  “I met him in a study group I attended to get ready to take the bar again after being out of law school for four years. I needed to brush up on everything so I would have the best chance to pass the exam that time.”

  Megan scribbled down something on her legal pad.

  “And Tarkington was in this study group getting ready for the bar?”

  Lucy nodded. “It was a pretty big group, and Tarkington approached me after one of the meetings and asked me if I’d help him one on one. I had quit my last job a few months earlier so I could focus on getting ready for the bar.”

  Megan sighed. “So an affair with a married man and you failed the bar exam. Those are the worst things you have in your background?”

  Lucy looked away. “Yes.”

  Megan leaned back in the chair. She tapped her pen on the legal pad. Lucy seemed to be telling her the truth but something didn’t feel quite right. Something was niggling at her but she didn’t know what. She decided to let it go for now.

  CHAPTER FIFTEEN

  “I’m not sure what I think of your client,” Steve Windfield said.

  He took a seat behind his desk and Megan closed his office door and sat across from him. It didn’t comfort Megan to hear him utter those words. He had been a prosecutor for years and knew how to assess a case. When he’d called two days ago wanting to have a private meeting with her, Megan had felt her stomach drop.

  “What’s the problem?” She rested her hands in her lap and took a slow breath.

  Windfield leaned back in his chair and folded his arms behind his head. He sat for several moments thinking. “Well, for the most part Lucy’s polygraph went fine.” He paused.

  Megan was hanging onto his every word. “And...” Megan prompted, leaning forward in her chair.

  “There’s one area of the test that had some funky results.” Windfield leaned forward and started rifling through the file on his desk.

  Megan watched as he thumbed through the sheets of paper. In a short period of time the file had grown from virtually nothing to being at least two inches thick. A result of all the paperwork she and Lucy had submitted as well as the investigations by the prosecutor’s office.

  Windfield stopped, opened his desk drawer, and took out a pair of glasses. “Better use these,” he said flicking them open and perching them on his nose. “Now let’s see.”

  Megan reached down and pulled out a pen and legal pad from her briefcase. She wanted to have notes on whatever he was about to say.

  “Right here,” Windfield said, pointing to a place on the paper. “The test results of the subject Lucy Hatfield appear to indicate that her responses to the majority of the questions were truthful.” Windfield looked up at Megan. Her breath was shallow and she could feel her heart beating.

  Windfield looked back at the paper and moved his head from side to side as he read silently.

  “Here it is,” he said. “The test subject showed some unsettledness and potential lack of truthfulness regarding questions concerning her career and schooling. Results showed inconsistency, confusion and potential avoidance.” Windfield looked up. “So what is the story here? Is she hiding something?” He put the paper down. “The test is not saying she is out and out lying. But…”

  Megan shifted in her chair. “What I understand is that she had an affair with a married man while she was in law school. She was really embarrassed when she told me about it. It’s something she’s very sensitive about and regrets a lot. I think that’s probably what’s showing up in the polygraph.”

  Windfield rubbed his hand on his chin and said nothing. Megan could see he was digesting what she had said.

  “I saw in her file that she waited four years to retake the bar after she graduated law school and failed the first time. Why wait so long?” He raised his eyebrows. “Doesn’t that seem strange to you?”

  Megan ran a hand over her pants smoothing out a crease. “I understand from Lucy that after the affair ended and she completed an internship with a local D.C. law firm she wasn’t sure she even wanted to be a lawyer.”

  Windfield picked up a pen and slowly tapped it on the file. Megan knew how he thought. He left no stone unturned and this snag in an otherwise clean polygraph didn’t please him. “The office has done a very thorough background investigation on her.” He paused. “Do you have any concerns about her?” His eyes locked on Megan.

  “Eric Covington did a background check for me as well and he brought up the same concerns you have.”

  Windfield folded his hands and rested them on the desk.

  “I made a point of talking to Lucy about this.”

  Windfield nodded slowly. “So you think she’s telling the truth.”

  “The internship wasn’t a good experience and I know the whole situation with the married guy was very upsetting. I have no proof she’s telling me the truth but I
don’t have any that she’s not telling me the truth either. My instinct is to trust her.”

  Windfield sighed and scratched his head. “I just wonder…” He looked at Megan. “I’ve tried too many cases. I just have a weird feeling.” He paused. “Oh, hell. I can’t say Lucy is lying when there’s no real evidence to support it. “

  Megan stood up and extended her hand. “Let me know if you need anything else.”

  “Will do.” Windfield walked Megan to the door. “We’ll be reviewing the case and considering whether to file the charges in the next few weeks.”

  Megan hoped it wouldn’t come to that—that Tarkington would come through with a decent settlement that Lucy could feel good about accepting. That would be better for Lucy and also for herself—she had no desire to go through the familiar exhaustion, mess, and anxiety of an inevitably brutal rape trial, not to mention all the drama that would come up around the fact that the rapist was the grandson of a Supreme Court justice. The age discrimination law suit was going to be ugly enough.

  She waited for the elevator and when it arrived she slipped inside and pushed the button for the lobby. The doors eased shut. She leaned against the wall and closed her eyes. There was something else nagging at her. Truth be known, she had the same feeling Windfield did.

  CHAPTER SIXTEEN

  Mattingly slapped the manila file down in front of Megan and flipped it open.

  “Here it is,” he said sitting down in the chair. “I put tabs where she needs to sign.” Tarkington had gone up to $250,000 and Lucy had decided to settle.

  Megan’s eyes scanned the words. Confidential Settlement Agreement. Slowly, she flipped through the pages.

  “The bottom line is, there are four major settlement points.” Mattingly held up a finger. “One, Lucy agrees to drop all allegations against Tarkington and never to pursue criminal charges.” He raised another finger. “Two, she agrees not to speak to anyone about this settlement ever.” Another finger. “Three, she accepts in full settlement $250,000. She waives any claims she may have now or in the future against Tarkington, including any for Lauren. Lucy will never mention Tarkington has anything to do with Lauren in any shape or form. She’s not his kid. She will dismiss the paternity action with prejudice so that it can never be filed again.” Another finger. “Four, Tarkington will agree not to pursue any and all claims he has against Lucy regarding her fitness to parent Lauren and custody. He will not speak about Lucy or Lauren now or ever to anyone. He is giving up all legal rights to Lauren.”

  Megan looked up. “You have an affidavit in here that you want Lucy to sign saying that the allegation of rape she has made against Tarkington is false?”

  Mattingly nodded. “That’s right. The charges haven’t been filed so she’s not in a position of making a false statement or committing perjury.” He leaned back in the chair and placed his hands behind his head. “There is no way that Tarkington is going to shell out a chunk of money unless she signs this. “

  Megan looked back down and continued to read. She felt sick.

  “How does she want the money?” Mattingly asked. “Cash, bank transfer?

  Cashier’s check? “

  Megan shook her head. “I don’t know. I’ll have to discuss it with her.”

  “How soon will you have it signed?” Mattingly tipped forward in the chair.

  Megan let out a small sigh. “I don’t know.”

  “This blue light special does have an expiration date, you know.” Mattingly laughed.

  “Give me a week.”

  “I will note it on the calendar, counselor.” Mattingly extended his hand.

  Megan just looked at him. She picked up the file and put it in her briefcase.

  “I’ll be in touch.”

  CHAPTER SEVENTEEN

  Megan stopped for coffee and to decompress after leaving Mattingly’s office. She just didn’t feel right about this—any of it. Even though she was relieved to be avoiding a trial for Lucy’s sake, it just seemed wrong to let Tarkington off the hook. It was Lucy’s choice and all she could do would be to advise her. She spent a couple of hours drinking coffee and going over the agreement. Mattingly hadn’t missed anything. It was airtight. After mulling it all over she called Lucy and set up a time to meet that evening at Lucy’s apartment.

  When she arrived Lucy was cleaning up the kitchen. She let Megan in and told her to have a seat in the living room while she finished up and washed her hands. When she came in and sat down Megan gave her the Confidential Settlement Agreement to read. The room fell silent as Lucy flipped through the agreement. “How many pages is this?”

  “Too many, with all the legal mumbo jumbo. The main points have post-it note arrows sticking out.”

  Lucy looked at the designated spots. “Pretty much covers it all, doesn’t it.”

  Megan nodded. “Once you sign it, it’s all over. Tarkington is off the hook across the board. For Lauren and for being made accountable for raping you.”

  Lucy stopped reading. “I don’t know what else to do,” she said softly. Megan saw tears well in her eyes. Lucy looked back down and continued reading. “Do you want me to sign it tonight?”

  “No. You need to take a few days to really think about this.” She sighed and leaned back in the chair. “Give this some real serious thought, Lucy. Don’t rush into it. I told Mattingly we would get back with him in a week.”

  Lucy held the agreement in her hands and just looked at it. “I know it’s a huge decision. I appreciate all you’ve done for me.” She looked up at Megan and smiled.

  Megan felt a catch in her throat. She stood up and gathered her coat and briefcase. “It’s getting late and I still have a lot to do at home.”

  Lucy started to get up and Megan motioned for her to stay seated. “I’ll let myself out.” She headed for the door.

  “Thank you, Megan,” Lucy said softly. Megan turned and smiled. Lucy looked like a lost little girl. The decision Lucy was making was life altering for her, for Lauren, and for all women who found themselves the victim of an assault.

  CHAPTER EIGHTEEN

  “Can you believe the number of people in the lobby? It’s Monday at the Prosecutor’s office.” Steve Windfield cast a glance back at Megan. When Windfield set out to go somewhere he did it with purpose. Megan was hustling to keep up with him.

  “I’m amazed by how crowded your lobby is today,” she said, a little short of breath.

  Steve Windfield’s office was located on the 13th floor of the county building. Three other floors housed the rest of the prosecutors and their staff. Steve Windfield’s floor alone was usually a beehive of activity but today it seemed busier than usual.

  Windfield shook his head. “ People are all mad and wanting to file complaints. Must have been a rough weekend. Maybe a full moon.” He laughed.

  “I appreciate you taking the time to see me.” Megan followed him into his office.

  “Shut the door if you don’t mind,” Windfield said. “Usually, if they see my door closed people leave me alone.”

  Megan eased the door shut and went over and sat down in one of the chairs in front of Windfield’s desk. There were boxes of files everywhere and stacks sat all over his desk. Megan set her briefcase down on the floor.

  Windfield sat behind his desk. “It’s never ending,” he said with a sigh. “Just finished a trial. Monday we start another one.”

  Megan understood from her own years as a prosecutor. It was a never-ending grind of trial work. Exhausting. One of the happiest days of her career was when she left the job. She’d learned a lot but she couldn’t imagine being a career prosecutor like Windfield. The love of trial—it just had to be in your blood.

  “Want some coffee?” Windfield swiveled his chair toward the coffee maker sitting on a small metal stand in the corner. “I can brew up a batch. It’ll only take a few minutes.”

  Megan looked at the coffee pot. It was dry as a bone and looked like it could use a good cleaning. ‘‘That’s ok. I’m fine.�
� She moved a small stack of files in front of her on Windfield’s desk to the side so she wouldn’t feel like she was talking over a hedge. Windfield reached over, picked them up and placed them on the floor by his chair.

  “Glad you stopped by. I was just getting ready to call you.” Windfield leaned back in the chair and propped his legs on the desk. “We’re ready to roll. The charges against Tarkington are ready to be filed and we plan to ask for a high bond.” He ran his hand through his hair and laughed. “Hell, this is a win win for us. We’ll nail pretty boy Tarkington for Lucy and I’ll get a ton of publicity just in time for my reelection campaign.” He flashed a big smile.

  Megan could see that he was all fired up and flying high at the prospect of front page news. He seemed to have forgotten for the moment how hard it was to win a rape trial. She shifted in her chair. She wasn’t looking forward to this. “That’s what I want to talk to you about.” She took a deep breath.

  “The media will have a field day with this,” Windfield crowed.

  Megan nodded. “We’ve had some new developments I need to talk to you about.”

  Windfield stopped and looked at her.

  “I met with Tarkington’s attorney the other day. I think they’re really worried.”

  “I bet they are,” Windfield said with a grin.

  Megan paused, gathering her words.

  “I’d like to have Lucy come in and see me again,” Windfield nattered on. “I have a few questions for her. Nothing to be worried about. Just trial prep.” The chair squeaked as he leaned back.

  “Mattingly has made an offer on Tarkington’s behalf. And…”

  Windfield cut her off. “Tell him too late.” He laughed and waved his hand. “These guys think they can call the shots, they get a client who has committed a crime and they think they can throw some money at the victim and that’s all it takes. Poof! It’s all gone.” He snapped his fingers and shook his head.

  Megan gathered herself to deliver the news. “Lucy is a great person who has been through a lot.” She could see Windfield getting ready to say something. She raised her hand. “Let me finish please.” Windfield’s expression darkened. “Lucy’s little girl has cystic fibrosis. She’s been diagnosed recently. Lucy will have to be trained in how to care for her while Lauren continues to recover.” She folded her hands in her lap and cast a glance out the window. She could feel Windfield’s gaze locked on her.