Bill Harvey Collection

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Bill Harvey Collection Page 34

by Peter O'Mahoney

She ran her fingers over the metal edge of the table. “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 repeated. “I don’t want to have to wait in here until it’s all over.”

  “Anna.” Opening his briefcase, Harvey calmly removed 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’re worth more than one million dollars. I’ll put them up for the bail money. I just can’t stay in here.”

  Quickly, he scrawled 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 life imprisonment crossed her mind, the color drained 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. 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 shook 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 snapped. “I was watching television by myself. That’s perfectly normal behavior!”

  He stopped 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 looked back at the table in front of her.

  Staring at her for a while longer, Harvey waited before he continued taking notes.

  “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 provided 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?”

  “This is a long, drawn out process. My suggestion is to settle in and be ready for the long haul.” Placing his notepad in his briefcase, he slowly closed the leather top. “And stay safe. This case may get dangerous.”

  CHAPTER 6

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

  Kate loved her Sunday afternoon Little League baseball games. She loved sitting in the stands, the sun on her face, cheering on her eight-year-old son. For her, this was what motherhood was about.

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

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

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

  “Good throw.” She clapped as she cheered on the other team as well. Kate didn’t want to cheer for the other team, but she knew she had to, so she didn’t appear like a crazy sports parent. When the crowd heard her cheering for both teams, they accepted her little bit of loud craziness.

  “Did you see him hit that ball?” She grabbed 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 frowned.

  “Here he goes again.” Harvey gestured to the outfield as Connor started to run between bases.

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

  As Connor high fived his friends on the bench, mostly ignoring his loud mother, Kate turned to Harvey.

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

  “Go on,” Harvey said as he started to smile.

  It was their usual Sunday afternoon routine—they traded 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!” Harvey laughed. “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.”

  “Haha!” Kate laughed. “You know; someone gets stabbed in L.A every 65 seconds… poor guy.”

  “That’s a good one.” Harvey grinned. “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.”

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

  Harvey smiled, happy with himself, but it wasn’t long before his thoughts drifted back to his current case, and the smile vanished from his face.

  “You’re thinking about Anna still, aren’t you?” She questioned when she saw the serious look return.

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

  “And what are your initial thoughts?”

  “Not Guilty.”

  “Really?” Kate laughed. “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.”

  “Possibly.”

  “No, it’s more than that. This girl is dangerous. If she’s killed once for this money, she won’t hesitate to do it again. You have to be careful around her. I don’t want you to be her next victim.”

  He sighed. “Do you know what a magician does?”

  “Do very bad tricks.”

  “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 chuckled. “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 rolled her eyes. “Go! Go!”

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

  “Everyone needs a passion in life,” Harvey commented to the people next to him who were staring at the noisy mother cheering on the team.

  When the game had finished, Connor greeted his mother with a large smile.

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

  “Thanks Mom,” he replied, 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, go and stand in a corner,” Harvey commented.

  Kate and Connor turned, staring at Harvey. “Why?”

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

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

  After Connor had run across to his friends, she turned her attention back to Harvey. “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. 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. And he adores you.” Kate beamed. “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.”

  Harvey sat up proudly. “I’m a very busy man. 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. I’m sure she can make room for it.” Kate winked.

  Sitting in the stands overlooking the baseball field, Harvey felt a wave of satisfaction wash over him. He looked at Kate with love as she continued congratulating her son’s baseball team, wondering when he would have the bravery to tell her how he felt.

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

  CHAPTER 7

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

  No, this Anna was broken.

  She looked defeated; as if a part of her life had gone missing.

  Her shoulders were slumped, her feet were dragging, the fire gone from her eyes. Her shirt was creased, her jeans were dirty, and she looked like she hadn’t slept in the past five days.

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

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

  Harvey raised his eyebrows at her. “Really?”

  “No!” she snapped. “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?” Harvey questioned.

  “My passport!” She almost burst 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!”

  The fire was back. Harvey only needed to poke her once.

  “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.” His statement was blunt.

  As much as he worked for the best outcomes for his clients, he was also a realist and made sure that his clients were aware of their possible future.

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

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

  “Bill.” She interrupted, her eyes thinning as she stared 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’s jaw clenched. “I’m saying I’ll do what it takes to never go back there.”

  He nodded with understanding. “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 9 a.m. You’re welcome to come if you like. I’m sure there will be room in the chapel for you. 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.”

  “Were you aware that your Aunt Jessica had cancer?”

  “Pardon?” She looked at him confused. “How would you know that?”

  “She disclosed that to me when we met. She said that you didn’t know. She was frail and on her last legs, Anna. I didn’t tell you because she said that she didn’t want anyone to know.”

  “And yet, she told you.”


  He sighed. Anna held a lot of resentment towards her aunt. Years of rejection could do that to a young woman.

  “Take me through what happened that day. I want to know all the details about the day that your aunt died. I want to know where you were, who you were with, what you did, and even what you ate. The more information that you tell me, the more likely it’s that we will be able to discover what really happened.”

  “Alright… I saw my aunt on the afternoon that she died. I talked to her.”

  “Where?”

  “At her apartment. I went there to discuss the will. After you had told me that the will was watertight, I wanted to go there and be nice to her. I thought that now it had gotten serious and I had hired a lawyer, then she might change her mind. I went in and was really nice and soft, and we had a nice chat about life. It’s strange, but it was the first real chat we’ve ever had. And I thought that I might have been able to convince her to do something different. The funny thing is, I think she started to listen to me. I think that I was starting to get through to her. And then… we got into another argument.” Anna drew a deep breath. “Look… I’m a redhead, and we’re known to have a temper.” She seemed genuinely embarrassed admitting it. “Sometimes when things don’t go my way, I can get fiery.”

  “Ahh… the fiery redhead defense.” He smiled.

  “Quite. I knew that I had to negotiate with her and so I had to calm myself down before I went to talk to her. I went to a bar near her apartment and had a couple of drinks—nothing outrageous—just a couple of quiet drinks to relax. I wanted to be calm before I talked with her.”

  “Did you talk to anyone in the bar?”

  “I wasn’t planning on it, but I saw one of my father’s old army buddies, and we exchanged pleasantries. I asked how his wife was and he asked how my travels were going. We had a good chat, and I said that I was going off to see my aunt.”

  “This man served with you father?”

  “Bud Morgan served in the army with my father. They both went to the Gulf War. I know him because he works for the Recovering Veterans charity.”

  “Bud Morgan…” Harvey tapped his finger on the edge of the desk. “Go on. What happened after you left the bar?”

 

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