Chapter 22 – DA Lyons’ Roar
Thursday afternoon June 5, 2008 – 12:05 PM
Assistant District Attorney Elaina Lyons restlessly lingered at the prosecutor’s table for the duration of the morning break, anxiously anticipating the start of witness testimony in the John Breslin murder trial.
Lyons was left both exhausted and exhilarated by her opening statement, but she knew full well that this case was going to be much more difficult to prove than the murder trial she had just wrapped up the week before last.
It had already been a very busy year for Lyons who had heretofore worked on four exceedingly difficult cases so far, including the aforementioned murder case and its horrific details.
The case against that defendant, Mr. Martin “Marty” Bagley, was pretty much irrefutable; however the particulars of the shocking crime still took its toll on Lyons.
Mr. Bagley broke into the home of his ex-girlfriend, Joan LaPrett where he proceeded to viciously bind and rape her. What he was planning to do next only he knew for sure, but unfortunately for him, his crime spree was interrupted when Ms. LaPrett’s daughter Alison arrived home early from school.
And upon hearing the commotion coming from her mother’s upstairs bedroom, and upon recognizing the voice of Mr. Bagley, Alison dialed 911 and skittishly explained to the operator that her mother was being assaulted by her ex-boyfriend. However, before the dispatcher even had a chance to radio for police backup, multiple gunshots could be heard ricocheting in the background, and by the time the police arrived, both Ms LaPrett and her daughter had been shot dead.
It didn’t take long for the police to track down Bagley, and what with all of the physical evidence that he had left strewn about at the scene of the crime, it was basically a slam-dunk prosecution for Lyons. But what made her fiercely angry was the fact that Bagley, a convicted sex offender, in her opinion, should never have been walking the streets in the first place.
Lyons was both repulsed and inspired by her work and she wouldn’t have it any other way. The extreme violence she had encountered over the years would at times leave her shaking with revulsion, and yet every time she convinced herself that she had had enough, the courage of the victims and their families compelled her to work harder than ever to put these sociopaths away for as long as possible; if for no other reason than to ensure that those she deemed to be beyond rehabilitation didn’t get the chance to destroy some other family.
Like Defense Attorney Gleason, Lyons could have easily left for greener pastures, but she chose to stay, on the simple premise that, “well, someone needs to be an advocate for the victims”.
Lyons still made decent money, just not nearly as much as some of her former colleagues, many who had gone into private practice, and others who moved on to political endeavors such as running for Attorney General, or becoming lobbyists for big business.
“What I don’t make moneywise, I make up for in personal satisfaction,” Lyons would insist to her father anytime he voiced concerns about her financial situation. But in reality what he was really worried about was the fact that she was dealing with ruthless hoodlums who wouldn’t think twice about making her the next victim on their list.
Lyons on the other hand, didn’t share her father’s concerns. She didn’t scare easily, and in many ways, she was quite ferocious in her own right.
Lyons usually had too much on her mind to be worried about money or threats. Like a top notch athlete, she feared the losing more than she enjoyed the fruits of her triumphs, so she remained, at all times, totally focused on the task at hand.
For example, Lyons was still consumed by a case she had tried earlier this year where a college student who stabbed and killed his roommate got off on a self-defense claim. Like all of her setbacks, she was mindful of the fact that the defeat was going to gnaw at her heartstrings for years to come, which was why it was essential that she keep herself busy in the courtroom, preparing to face the next big challenge; preparing to do battle with the latest in a long line of high-priced, illustrious defense attorney’s to come down the pike.
Lyons didn’t believe the kid’s story for a second, but he came from a rich family and, “well…sometimes that can make a difference” she told the press without elaborating on the obvious connotation that the defendant had somehow bought his way out of trouble.
But beyond the thrill of the courtroom chess match, Lyons ultimate passion and obsession were the cases that never get solved; the cases that usually involved poor minorities; the cases that seem to fall into a black hole, never to be heard from again; the cases that no one seemed to care about; the cases that included victims who had no family, and therefore no one to fight for them. And in that regard, the unsolved murders were the ultimate puzzles; the most grating of mysteries; and as such, they weighed constantly on Lyons’ mind and sent her home crying when she least expected it.
“I just care too much,” rationalized Lyons the first time she inexplicably broke down and degenerated into a sobbing ball of inconsolable zeal. And now all these years later, here she remained….more driven than ever to see to it that justice was served whenever possible, no matter what the price of victory might be.
Unfortunately for Lyons however, she also had her share of detractors as well. What with her flamboyant style, her masculine suits, her unruly tangle of long white hair, and her loud, piercing voice, she could rub some people, and more importantly some jurors such as the benevolent Frank Newlan, the wrong way.
But nevertheless, Lyons made no apologies for her lack of perceived “style points” as she called it. In this respect, Lyons and Gleason held the same attitude and beliefs; specifically that in their business you needed to have a strong ego; a competitive desire to win at all costs; and a flair for the dramatic.
“After all, in a way, our profession is a lot like show-business and athletics combined,” Lyons was once willing to concede to a group of reporters, and Gleason was quick to second that emotion.
But now Gleason was the enemy, and as Lyons prepared to face her adversary, she had her warrior’s game-face painted on in the form of her indelible scowl. She enjoyed the challenge of matching wits with Gleason, and even though she sometimes profusely objected to his tactics, she admired his tenacity nonetheless.
Whenever Gleason’s strategy included disparaging the victim, which it often did, one of Lyons’ primary tasks was to explain to the victim’s family that he was just doing his job.
However, oftentimes, Lyons didn’t even buy that explanation herself, and she vehemently resented Gleason for going down that road (although of course, she was also known to use the same ignoble hyperbole from time to time to paint an ill-fated defendant as something that he wasn’t; particularly when a case revolved strictly around circumstantial evidence).
And so today as Lyons prepared herself mentally for the arduous struggle that awaited her, she wondered what to expect from Gleason. She was well aware of the fact that the victim, Fred Miller, was no angel himself, and she was sure that Gleason would try to exploit this triviality. But as far as she was concerned, whatever his shortcomings, Miller didn’t deserve to be murdered for basically no reason at all.
Lyons was the first to admit that there were extenuating circumstances surrounding this case, and that it was just as many parts a domestic issue as it was a jealousy issue. But be that as it may, she was determined to pin a first degree murder conviction on Breslin, and put him away for the rest of his life; “For the family’s sake,” as she put it.
Lyons had come to know Fred Miller’s elderly parents and his brother Cameron quite well, and she considered them to be wonderful people. And so when she was up there at the podium, doggedly interrogating the witnesses, it was the Miller family who would be first and foremost on her mind.
With the Miller’s permission, Lyons gave John Breslin the opportunity to plead guilty to second degree murder and a chance for parole after 25 years. But he refused
the offer, so now he was going to have to deal with the full wrath of DA Elaina Lyons…and she was very much looking forward…to putting on a show.
From the Eyes of a Juror Page 30
