As if on cue, the door opened. The bailiff listened to something, then nodded and jerked his chin at Jacob. “They need you in chambers, Mr. Voorsanger.”
Jacob was surprised to see Eugene grinning. He didn’t seem at all curious about what had stalled his trial. Instead, he seemed…satisfied. Like opening a present and getting exactly what he’d wanted.
Inside the judge’s chambers, prosecutor Manny Cruz waited in front of Judge Shaw.
It was the other person standing before the judge who surprised Jacob. “Angie, what are you doing here?”
She wasn’t scheduled to testify until this afternoon, after the victim, Tymara Nelson. She looked exhausted, worn thin, yet was flushed as if a fever burned within her. For weeks she’d been avoiding Jacob, and now he wondered what was wrong. Her uncle and mother whispered theories—drinking, drugs—but he’d dismissed them all. Until now. “Is everything all right?”
“We have a problem.” Judge Shaw leaned forward.
“Tymara’s dead,” Angie said. Her tone was flat, divorced from the emotion that crossed her face. More than emotion, he noted. Pain. “I found her this morning when I went to pick her up. She was murdered.”
Shock froze Jacob where he stood. His first thought was,
Eugene knew.
No wonder his client had been so relaxed. He never expected the trial to continue.
Then a second thought collided with his first.
Angie.
She’d found the body. He turned to her, torn between wanting to offer her comfort, and needing to regroup and press his client’s new advantage.
She made it easy, averting her gaze from his and stepping away from his outstretched hand. Barely holding it together, he saw. Compartmentalizing was Angie’s gift, even if it made things difficult at times like this.
He used the hand instead to make an emphatic motion, drawing the judge’s attention. “I don’t see any problem. Dismiss the charges and release my client.”
“Hold on now,” Manny protested. “We have a jury empaneled. Judge, if you dismiss now—”
“My client has already served six months in jail awaiting his day in court,” Jacob interrupted. “You cannot in good conscience keep him locked up indefinitely while the prosecution tries to rebuild its case without a victim. It’s a violation of his Sixth Amendment rights.”
The judge held her hands up. “We have an alternative I think is acceptable, although unconventional. It’s never been tried in this jurisdiction.”
So of course Judge Shaw was all for it. Jacob saw the judge give Angie a tiny nod of acknowledgment and realized where this was heading. “A victimless prosecution?”
“There was a case I read about,” Angie said. “
Giles
—”
“
Verses California
. Right. But—”
“Your Honor,” Manny chimed in, “we’d still need more time to prepare. A victimless prosecution creates an entirely new strategy. There’s no way—”
“Why not?” the judge asked, folding her hands together like Solomon. “My understanding is that you were going to have the victim testify next, followed by Dr. Rossi, correct?”
“Yes, ma’am.”
“Then it seems to me that you lose nothing by proceeding. Dr. Rossi can testify to the victim’s statements she recorded as part of her medical history. She can also testify to her forensic findings, but solely in regard to Mr. Littleton as previously discussed.”
It had been a hard-fought ruling that Jacob had won earlier, that the other men who had brutalized Tymara Nelson could not be mentioned, nor evidence of their attack included in the case against his client. At the time he’d doubted the ruling would be much help. As prejudicial as the evidence of the second attack against Tymara was, it was nowhere near as damning as the victim herself testifying to what Eugene Littleton had done to her.
Jacob glanced back toward the door he’d just come through. Without Tymara’s testimony or the evidence of the second attack, there was a very good chance Eugene would leave a free man.
“Your Honor,” Angie said. “There’s another complication. I’m leaving on a sabbatical. I’ll be out of the country and unable to testify in any future trial if we don’t move forward today.”
Jacob stared at her. Leaving? The country? When had this happened? He knew she was taking a break from the ER, but leaving Cambria City? Something was definitely wrong. She’d been acting strange. And her playing was off, as if her music, always her refuge, had suddenly abandoned her.
He brought his focus back to his client. “Your Honor, if word of Ms. Nelson’s demise reaches the jury, it will prejudice them against my client. They could falsely assume he had something to do with orchestrating her death.”
“Which he did,” Manny countered. “Dr. Rossi and I both have documented multiple occasions during which the victim was the subject of intimidation—”
The judge waved a hand for silence. “The jury is already here, shielded from any news. If we proceed now and finish today, I’ll order them sequestered during their deliberations. It’s the best way to ensure a fair trial for your client. I’m sure you’ll agree, Mr. Voorsanger.”
Which meant he had no choice but to agree. Better than facing a judge’s wrath. “That’s acceptable with the defense, Your Honor.”
She glanced at Manny. “What say you, Mr. Cruz?”
Manny stared at Angie as if this was all her fault. “The prosecution agrees with moving forward, Your Honor,” he replied in a grudging tone. “If I could just have a word with Dr. Rossi before we begin?”
The judge nodded, and Manny hustled Angie out the door to the hallway beyond the judge’s chambers. Jacob saw Angie’s glare as Manny grabbed her by the elbow and was glad he wasn’t on the receiving end. He felt a gleam of pride—she’d actually been listening when he’d expounded on the possibilities of a victimless prosecution. Of course, that had been back when he was working for the DA’s office instead of the public defender’s, but still.
The concept was intriguing. He could have pushed for a dismissal, but if the judge refused, his client would be facing more jail time or be forced to accept a plea bargain. This was the best chance Eugene Littleton would ever have for a fair trial.
Jacob pushed through the door into the courtroom. Eugene was bent over the desk, head resting on his folded arms, asleep. Sure sign of guilt, the psychologists would say. Or maybe just sleep deprivation from after six months in the county jail.
He frowned and glanced back over his shoulder at the judge’s chambers once again. Rumor had it that if Eugene walked, Devon Price would try to exact street justice, make an example out of him. Rumor also had it that Eugene’s partners in crime might silence Eugene as well.
Seemed like everyone wanted a piece of Eugene Littleton. Even the DA was hoping that if this trial went his way, Eugene would turn on his accomplices, provide their names, and testify against them.
Jacob sighed. He half-wondered if maybe the safest place for his client would be to remain behind bars.
“WHAT THE HELL
was that?” Manny whirled on me as soon as we were in the hallway, out of the judge’s earshot, the door to her chambers closed behind us. A clerk signing people in for jury duty the next courtroom over glowered at him. He pulled me across to the high-arched windows facing the street, narrowing his eyes at me.
He had chiseled South American good looks that drew the attention of most women, but I’d never been interested in him. His machismo attitude, always focused on the win, the conquest, left me cold. Tymara had liked him, as did many of the victims he worked with. They mistook his passion for their cases as passion for justice, but I knew better. It was passion for winning. Period.
Unfortunately, he wasn’t alone in that attitude over at the DA’s office. Jacob was the exception—at least among the prosecutors I’d worked with. Of course, Jacob now worked for the other side. It had been so infuriating, watching him coolly calculate how best to push the new advantage Tymara’s death had given him and his client.
Manny continued, “I don’t know what kind of game you think you’re playing—”
“Game?” Fury strangled my words. My breath came in shuddering waves. “You think this is a game? Did you see what those animals did to her?” I stalked closer to him, backing him up against the windows. “Because I did. They butchered her.”
“Calm down,” Manny told me, his eyes as cold as the glass behind him. “Getting emotional isn’t going to help us win this case.”
The marble hallway outside the courtroom turned the footsteps of all the people rushing in one direction or the other into a percussion melody. My finger tapped out the rhythm as I forced myself to stand still, to listen, to focus on the world beyond the hurricane of emotions that roared inside me. Manny wasn’t the real target of my anger, just an easy one, I reminded myself. Making Littleton and his partners pay, that was the best justice for Tymara.
“Who told you to use
Giles
? Your ex? No way did Judge Shaw come up with it on her own.”
“Jacob knew nothing about it.” Although I’d asked him about the court case that had set the precedent. Months ago, long before I ever dreamed I’d need to use it.
Manny scowled, obviously not believing me. “Sure about that? Sounds like the kind of last-ditch strategy he’d use.”
“He’d never compromise his own case, no matter how guilty his client is.”
“A few more defendants like Littleton and he’ll soon be sacrificing those sacred lambs of his, making deals to put his clients away just to dig out from under the caseload.”
“I can give you references from the advocacy journals. In Ohio, they—”
“I know how to do my job.” He brushed my offer aside. “Any other judge but Hippie-Dippie Shaw, and you wouldn’t have even been in chambers.”
“She’s giving us a chance. Don’t you want justice for Tymara?”
“You’re missing the point. In there, I call the plays. When you’re up on that witness stand, you follow my lead, understand?”
“If it nails Littleton and you convince him to roll on his partners, I’ll play any game you want.”
The bailiff opened the door and called out to us. “The judge is ready to proceed.”
Manny straightened, plastered on a smile that would have raised millions for any politician, and gave me a nod. “Let the games begin.”
<<<>>>
RYDER ENTERED THE
courtroom and slid into the pew farthest from the jury. It had been over two decades since he’d served as an altar boy, yet he still had to fight the impulse to cross himself and genuflect. Except this was no church. He knew all too well the foibles and follies that often corrupted the profane proceedings of the criminal justice system.
The benches weren’t built for a man as tall as he was. Sinking back against the polished oak, inhaling the familiar incense of lemon oil, sweat, fear, stale paper, and mildew, he stretched his legs into the aisle and crossed his ankles. His side ached a bit with the movement, but it was a good kind of ache. The
I’m alive despite being gut shot
kind of ache.
The jury was already seated, and Rossi was on the witness stand. After he’d dropped her off, he’d headed over to the jail annex in the hopes of learning something helpful from the corrections officers. It’d been a waste of time. Littleton had left little to no impression on anyone. Not affiliated with any gangs, he’d bided his time in the overcrowded facility without disturbing the equilibrium of his fellow inmates or the overworked, underpaid staff.
Ryder watched Manny Cruz efficiently walk Rossi through the medical testimony. She was lucky the judge and Manny had gone for her idea; he’d never heard of any prosecutor trying a sexual-assault case without the victim testifying. Manny tried to put a good spin on her exam findings and the history Tymara had given her, but Rossi had to tiptoe through a minefield to avoid mentioning the true causes of Tymara’s brutal injuries: the men Littleton had invited to join him in Tymara’s apartment after his initial attack.
Manny finished and sat, giving Ryder a few moments to observe Rossi. Despite the way her day had begun, she didn’t allow her emotions to crack her professionalism. Sitting up there, waiting for her ex to begin his cross-examination, she looked damned good. Brunette hair tinted red and gold by the stained glass, a touch of color in her lips and cheeks. Her chin jutted forward, revealing the taut muscles in her neck.
No one would ever suspect she was facing a death sentence. At least, that was what his research on fatal insomnia had told him—every new report he found revealed an enemy worse than any he’d faced in Afghanistan. He wished she’d talk to him about it or let Louise, her doctor, give him details. That’d be better than the crazy shit he’d found online.
Had Rossi even told Louise about her and Ryder? He had, his one breach of Rossi’s request for privacy, but he’d been going crazy with only the words “fatal insomnia” and endless, harrowing online searches. At least Louise had been able to direct him to legitimate research, scant as it was.
Ryder didn’t understand Rossi’s need for secrecy, but she insisted on it, and he didn’t mind the mystique it added to their relationship. Hell, she wouldn’t even let him call her by her first name, much less any nickname. How afraid of intimacy did a woman have to be to refuse to allow her lover to call her by her first name? His stomach clenched, and he glared across the courtroom at Jacob Voorsanger, assigning blame to the ex.