The Fifth Justice (Michael Gresham Legal Thrillers Book 10)

by John Ellsworth

  Then I began. “Maddy, would you step forward and let me ask you a question or two?”

  Chloe’s face didn’t change. Her lips didn’t move. She stared blankly ahead. Maybe she was trying to withdraw; I couldn’t really tell. So I tried again.

  “Maddy, are you in there?”

  Again, nothing. Chloe’s look and posture were fixed. Her hands were still; she made no sounds. Now I was stuck. I’d never done this before—not outside a courtroom and definitely not inside one. I was no psychologist; I had no training in coaxing alter personalities to come up and speak to me. I didn’t know what else to do, so I blundered ahead with the notion that if it didn’t work, it didn’t work and no one was hurt.

  “Maddy, were you afraid of Reno Rivera?” I asked.

  Chloe’s lips moved. But it wasn’t Chloe’s voice. This voice was extreme.

  “I hated that motherfucker.”

  The jury, as one, recoiled. I couldn’t see, but I could imagine the shock on their faces as the worst word I knew came rushing out.

  There was no time to waste. Maddy was present in the room.

  “Maddy, please tell me what about Reno scared you.”

  “You’re serious? That bastard would do anything to anyone. He was worse than my stepfather by ten times. He was also a bastard, my stepfather. He raped me. But Reno was ten times worse. He’d kill anyone. I think he killed his own mother, dirty fucker.”

  There was no question at this point: Maddy had her own vocabulary, and that was how it was going to be. I hoped the jurors would forgive me for producing that kind of language in a civilized courtroom, for it couldn’t be helped. I needed Maddy for my case and had no choice at the moment except to plunge ahead.

  “Did Reno ever hurt you? Did he ever hurt Chloe?”

  “Only every day. He hit Chloe. He kicked her in the head. He held a knife to Chloe’s throat and made her undress for movies. Justin got us through that.”

  “Who is Justin?”

  “Justin Maybe. Everyone knows Justin. He rules the roost.”

  “Justin is a man?”

  “Fucking-A, dude. All man, top to cock.”

  This time I tried not to pause. It was what it was.

  “Maddy, did you see Chloe kill Reno Rivera?”

  “No, but I saw Justin kill him. It made me cry; I was so happy when it finally happened. It had got to where I couldn’t even sleep anymore I was so scared of that piece of shit. Thank you, Justin!”

  “Where were you when it happened?”

  “Right there in the bathroom stall.”

  “Why did it happen at that time and place?”

  “You kidding? Because Reno had another shipment of girls coming up from Mexico. Justin couldn’t stand to see another bunch of young girls turned into putas.”

  “Putas?”

  “Whores, man.”

  “That was on the verge of happening?”

  “It was going to happen in a few hours, at midnight. They were coming in a white truck, just like all the rest.”

  “Where were they coming from?”

  “Tijuana.”

  “Where were they going?”

  “All of Reno’s girls wound up in Chicago. He rocked it there.”

  “As in, ran a string of prostitutes?”

  “As in, yes. Rocked it, I’m telling you.”

  “Maddy, do you know me?”

  “I know you’re a guy who tries too hard. Take your foot off the gas, dude. Let it coast now and then.”

  “How long have you known Chloe?”

  “Forever. I was there when she was born.”

  “When was that?”

  “When Frankie raped her the first time.”

  “Who is Frankie?”

  “Stepfather piece of shit. I wanted to cut his balls off. Chloe wasn’t ready.”

  “Do you talk to Chloe?”

  “Sometimes. I talk to her. She doesn’t talk to me.”

  “What do you tell her?”

  “Mostly I tell her to run like hell. There’s trouble all around for a young chick with big boobs and no hips, mister. Run and keep running. I’d like to move to someplace where we could be left alone.”

  “Where might that be, Maddy?”

  “Iowa.”

  I could hear the jurors rustle; maybe a small chuckle or two.

  “Maddy, do you know why Justin killed Reno?”

  “He did it to protect the kids from getting killed. Everything Reno touched, died. It’s just how it was with him. His touch meant you died.”

  “Did you see Reno ever physically hurt the girls?”

  Chloe’s face tightened at that moment. Her eyes seemed to come into focus, and she stole a quick glance at the jury. “Is she here?” asked Chloe’s voice.

  “Yes,” I answered. “She’s here.”

  “Maddy, were you driving when Chloe ran away from Andrew?”

  “Damn straight I was.”

  “Why did she run away?”

  “We had that little baby. I told her not to, but Andrew made her have it. Even Justin told her to get an abortion.”

  “Were you there when the baby came?”

  “I was. And I was awake one night when Chloe was asleep, and I heard Reno making a plan to steal the baby. He wanted him for his own.”

  “Why did Reno want Andrew Junior?”

  “He was planning to put him in those movies too. Sick piece of shit.”

  “He was going to make child porn with his own baby?”

  “You got it, bingo.”

  “Did Justin know about that?”

  “Justin woke me up that night to hear it. He said he’d heard it before.”

  “What did Justin tell you?”

  “He said he would kill Reno before he’d let him have our baby.”

  “It’s your baby and Justin’s baby too?”

  “Get real, Michael. Of course, it’s our kid. We had him.”

  I didn’t know whether I was making psychological history at that point, but the court reporter was getting it all down. I turned and poured a glass of water, just to catch a quick look over at the jury. One word: astonished. They were astonished at what they heard. As was I.

  “Maddy, can you tell us about Reno’s plan to steal the baby?”

  “Maddy’s gone. It’s me, Michael, Chloe.”

  “Where did Maddy go?”

  “She went to smoke.”

  “She smokes?”

  “She does. She’s waiting for us to take a break. You can see her cigarettes in my purse. I hate it, but Maddy loves her menthol cigarettes.”

  “Ladies and gentlemen,” said Judge McClintock at that moment. “We’ll come back after a short break so the State can cross-examine the witness. If the same witness is unavailable for cross-examination, then I’ll be required by the rules of evidence to order the direct examination of Maddy stricken from the record, and I will order the jury to ignore it all. That’s where we’ll begin. Court’s in recess.”

  Chloe’s eyes fastened on mine. We were both instantly thinking the same thing: we lose all the ground we just made if Maddy won’t come out and answer the prosecutor’s questions. All fingers crossed, all prayers released, now it’s time to have a private one-on-one with Maddy.

  “Chloe,” I said when we were outside in the hallway with Marcel and Andrew. “Can just the two of us talk for a moment?”

  She followed me off to the side.

  “As I understand what Maddy was saying, you don’t talk to her, correct?”

  Chloe’s face fell. “That’s right. I understand she just came out and testified. Truth is, I didn’t hear any of it. We’re still blocked off. It’s getting a little better, but Dr. Zastrow says it will take a lot of work. Why, does she hear me when I speak to her?”

  She had me there. I honestly didn’t know. “That’s the bottom-line question, Chloe. The judge wants Maddy to come back and answer the prosecution’s questions.”

  “Sure,” she said, ever the lawyer, “the
state has an absolute right to cross-examine, or else whatever Maddy said gets kicked out. Did she help us, incidentally?”

  “You didn’t hear her?”

  “Bits and pieces only.”

  “Huge help. She turned the killing of Reno from a murder into a justifiable homicide.”

  “How’d she do it?”

  “Two things. First, she talked about the young females from Tijuana. They are at extreme risk once Reno gets his hands on them. Then, a huge surprise, she talked about Reno’s plan to kidnap Andrew Junior and put him in a porno film.”

  “What?” she exploded. “Are you saying—”

  Everyone had turned to look at us.

  “Little softer please,” I implored her. “We need this to be confidential right now.”

  “Are you joking, Michael? Reno had a plan to kidnap our son and put him in his films?”

  “So Maddy said. It seems that was the number one reason Justin wanted him dead. He was protecting Andrew Junior against the kidnapping and abuse.”

  “Oh, my sweet Lord.”

  “I know, I know. It was stunning. The jury was shocked, as you might imagine. Even the judge’s face drained of color. It was frightening to hear.”

  “But we lose that testimony if Maddy won’t come back?”

  “Exactly. So what about you asking her to return?”

  “I don’t know how. I think I need to get off alone and try that. Let me go back inside and take the witness chair. Maybe she’ll come out if it’s just her and me.”

  “That would be excellent. Please tell her that I’ll be there to protect her. And so will Marcel.”

  “And Justin Maybe.”

  “Yes,” I said.

  Then I walked off down the hall, just taking a few minutes to myself. If Maddy didn’t reappear, we were hosed. That was it, pure and simple. I felt a heavy burden on my shoulders to make that happen. But I didn’t have the foggiest idea of what it would take if she resisted. Or if she could even be coaxed or sweet-talked or whatever the hell you might call it.

  Meh. I returned the courtroom trying to hold it all together inside. The old stressors were back. Verona had reminded me about the mini-strokes I’d had in the past. She threatened me with permanent, full retirement if I allowed myself to be put under that much stress ever again in my law practice. But here I was, under that much, yes, maybe even more.

  When I took my seat at counsel table, Marcel came up behind me and took the place at my left. “You’re pale,” he said in a tone only Marcel uses. It’s a mix of accusation and empathy, reserved for me. He means well, but he also insists on making his points.

  “Am I? Maybe it’s the weather out here in California.”

  “What? Warm weather makes you pale? Seriously?”

  Before it could go on, Chloe returned to the witness stand, and the judge reappeared almost at the same moment.

  Recess was over.

  Now it was time for the big people to get down to it.

  Chapter 61: Trial

  The prosecutor had been little noticed, just doing her job, putting on the state’s case, making her objections, and doing it all as a moderate. But I had the distinct feeling she was just waiting for her chance to pounce. It would happen maybe now.

  Judge McClintock called court into session and said the state could now cross-examine Maddy.

  Ms. Betts stood and went to the lectern with her notes. She looked at Chloe, flicked her eyes to the jury, then returned to Chloe. Chloe was holding herself upright in the chair as someone unafraid. She was, in her own right, a tough trial lawyer, one who’d been around the block more than once, a trial lawyer who would probably enjoy taking your head right off. The water was just about to boil.

  Ms. Betts was fair in her approach. “Chloe Constance, for the record, I would like to speak to that part of your personality you refer to as Maddy. Will she speak to me?”

  Chloe didn’t respond. She sat there, maybe involved in an inner-dialogue from the look on her face—which I guessed she was. I looked down at my hands on the table, saw my knuckles were white and tried to relax my emotional grip on the world. What was about to happen wasn’t worth stroking-out over. Out the corner of my eye, I could see Marcel’s tip of the head to my enforced relaxation. “That’s better, boss,” he whispered.

  I raised my eyes back to Chloe. Her mouth moved.

  “I am Maddy. I’ll talk to you.”

  “Fine, for the record, what is your full name?”

  “Maddy.”

  “Right, but is there a last name you go by?”

  “Maddy Maybe. I’m going to marry Justin Maybe.”

  Great. This whole thing suddenly took a nosedive; one alter swearing under oath she was marrying another alter. My knuckles went white, but I ignored it this time. So did Marcel.

  “Until you marry Mr. Maybe, what is your name?”

  “Just Maddy. Maddy anything.”

  “All right, Maddy. Will you talk to me about Reno and Justin?”

  “If I can help.”

  “I think you can. You told Mr. Gresham that you saw Justin kill Reno Rivera. Do you remember that?”

  “Is Justin in trouble?”

  “Your Honor,” I said, taking to my feet, “while the witness’s question is inappropriate under most circumstances, I’d ask the court to relax the rules of evidence and the rules of procedure, given what we have here.”

  Judge McClintock frowned down at me. “You think counsel should be required to answer the witness’s question whether Justin is in trouble.”

  “I think counsel can sidestep it and move along. That’s all I’m asking for.”

  “Maddy,” said Ms. Betts, “it isn’t for me to say whether Justin is in trouble. Can we talk about that after?”

  “Fine with me. You don’t want to tell me; I don’t want to tell you.”

  “Tell me what?” asked Ms. Betts.

  “Anything. Goodbye.”

  “Maddy? I’ll ask the same question. Do you remember telling Mr. Gresham that you saw Justin Maybe kill Reno Rivera?”

  Chloe sat dispassionately, staring at a spot on the floor ten feet away. She didn’t appear to be fully conscious.

  “Excuse me, Your Honor,” I said, “may I approach the witness for a quick word with her, off the record?”

  “You may,” said Judge McClintock. Now, judges can do certain things—they all have certain tells—to let trial lawyers know they’re growing impatient. With Judge McClintock, I knew immediately when he spoke and at the same time studied his wristwatch. We—Chloe, Maddy, and I—were operating on a short fuse. We were that close to having Maddy’s direct testimony tossed.

  Up to Chloe, I hurried, bending low just in front of her. Her eyes focused on mine and I was relieved. “How are you?” I whispered.

  “Fine. Did Maddy talk?”

  “For a minute or two. Now she’s gone and won’t answer. Is there any way—”

  “I’m going to kick her little ass, Michael. Sit back down and tell the prosecutor to try again. Maddy will show up again, I promise.”

  Returning to my seat, I advised the court the prosecutor should restart her cross-examination of Maddy. Then I was seated. I shut my eyes. I didn’t give a damn whether my knuckles were white or blood-red. I didn’t want to watch whatever was about to happen.

  “Maddy,” came the prosecutor’s voice, sounding firmer than before, “Tell us what Justin Maybe did to Reno Rivera, please.”

  “Justin stabbed Reno in the chest. He pushed the knife and turned it, and Reno stopped flopping his arms and legs. That’s when I knew.”

  “You knew what?”

  “I knew I would marry Justin. He made us safe.”

  “Us? Who else are we talking about?”

  “Chloe and me. And the girls from Vietnam. And Chloe’s little boy, Andy. I love that little boy. If anyone harms him, I’ll die.”

  She had just scored big for Chloe. Imminent danger to the Chloe, the girls, and little Andy. That was what R
eno meant. An imminent threat to others.

  “Did you ever see Reno hurt Andy?”

  “No.”

  “Did you ever see Reno hurt the girls?”

  Attorney Betts was taking a huge chance with this one. Maddy could drill her. But Betts seemed to think otherwise as she braved it with a question she didn’t know the answer to—an attorney’s absolute no-no.

  “I never saw Reno hurt the girls. I wouldn’t look.”

  “So there was no real threat to the girls?”

  “I said I didn’t see. I heard him hurt the girls. Every night there was crying. Then they talked after he was gone. The men he brought hurt the girls. Hurt them down there in their privates and hurt their feelings. Reno thought he could do anything with them. I cried when Justin killed him. Cried so happy.”

  “Your Honor,” Attorney Betts said in a tight, all-business voice, “none of that was responsive, and I ask that it be stricken from the record. I asked whether she saw Reno hurt the girls. She didn’t. Please strike the rest of it.”

  “No, the court’s of the opinion that a witness’s sensory impressions are admissible. We’ll let the answer stand as it is.”

  The judge might as well have been the department of transportation posting a sign that said Rock Slide Ahead. Attorney Linda Betts was on notice that just about anything and everything coming out of Maddy’s mouth was going to make it into evidence. She’d been warned. Her voice changed pitch—much more subdued now—with the follow-up.

  “But you cannot tell us, Maddy, that at the time you saw Justin kill Reno there was anything Reno was doing at that moment to hurt anyone?”

  “No. He wasn’t hurting anyone.”

  Score a big one for the prosecution. Now there was no imminent threat. Our defense was somewhat defused in the blink of an eye.

  “You weren’t even frightened at the moment, were you?”

  Long silence. Then, “I was always frightened about Reno. He was unpredictable. He could turn on a dime and suddenly kill someone. I’d seen him do it. No one was ever safe when he was around.”