Janet looked over her shoulder at Greg. “Badabing badaboom.”
Greg leaned forward. “That’s why Patti pleaded guilty and cut a deal to rat.”
Janet closed her eyes and nodded.
The hole was deepening.
When they returned from lunch, Janet knew that the afternoon would wrap up Howard’s portion of the “case-in-chief.” She silently prayed that the string of evidence was compelling enough to make up the jury’s collective mind.
Janet studied the woman at Rich’s elbow. So this was Patti Candler’s attorney and besotted sorority sister. Her legal reputation preceded her. Ashley Tate’s name was whispered often at bar functions, and not in a good way. She was as ruthless in her client’s defense as she was obsessed in maintaining her college looks and figure. She could easily pass for Cindy Crawford’s mid-forties sister. She routinely decimated opponents. Today her caramel hair was swept up on the back of her head and her blouse unbuttoned to her sternum. She was giving Rich Tyler last-minute instructions that he would be well advised to follow.
“This should be interesting. Howard has been in the negotiation of his career already to make this happen, gambling with years off of Patti’s sentence. It all depends on how damaging Patti’s testimony is to Lou.” Janet whispered so that only Ellen heard her.
Ellen nodded, unable to take her eyes off of Patti being escorted into the courtroom. “How in the hell did they manage to make her look like she just came from the salon rather than the cell?”
Janet shrugged.
“Is that wise?”
“They must think so.”
Patti Candler had just been called to the stand by Howard. She stated her name, address, and relationship to Beth. Her eyes bore into Janet’s.
Lou was stock-still in her seat.
“Were you and your sister-in-law close?” Howard hesitated with the last word as he looked at the jury members.
“Fairly.”
Howard nodded. “Did you consider her a friend?”
Patti thought the question over. “More an acquaintance.” She smiled.
“Didn’t have much in common?”
“Not really.”
“Have you worked, Mrs. Candler?”
“I have my own business, brokering antiques.”
“I see.” Howard was too casual. “What is your source of income?”
“Trusts and stocks from my family. My husband,” she added as an afterthought.
Howard nodded again. “Do you volunteer?”
“I have. The usual, United Way, Cancer Society, MS.”
“But not for extended periods of time?”
“No. It becomes too tedious.”
“I see.” Howard rubbed his cheek. “Did you enter into a carnal relationship with Lou Stephens after you met her as your sister-in-law’s partner?”
“Yes.” She answered as casually as about her volunteer work.
“Did you and Ms. Stephens discuss leaving your respective partners?”
“I was dabbling. I never intended leaving a good marriage, but Lou was over her involvement with Beth.”
“I see.” Howard clearly did not. “So your husband and your sister-in-law were to just allow this ‘dabbling’ to run its course?”
“Yes. Will and I have always had an open marriage.”
“I see. Open, as in free to pursue sex with other people?”
“Yes.”
“So you participated in extramarital affairs prior to Ms. Stephens?”
“Oh, yes.”
Janet heard the gasp that escaped Lou.
“Were you the author of the e-mails to Lou Stephens?” Howard asked the question innocently.
“Yes, I wrote e-mails to Lou.” Patti’s face was expressionless.
“The e-mails that were explicit about participating in a physical relationship with another woman, wanting to be with that woman, and being rid of obstacles? The e-mails that referred to a plan for Lou Stephens to carry out?”
“Yes. I wrote in the heat of the moment.”
“And you had no qualms about relations with Lou Stephens and your husband at the same time?”
“No.”
“You wanted a residence with both your husband and your sister-in-law’s partner?”
“We all enjoyed going back and forth between the city and the country.”
“Did you and Ms. Stephens discuss what it would take for her to be free of Beth Candler?”
“Yes. Beth was never going to be as open-minded as Will, but Lou had put Beth on the deed to her property.”
Howard looked at Will as he asked the next question. “Did you plan the tractor accident that would have Lou Stephens free of Beth Candler without buying her out of Ms. Stephen’s property?”
“Lou and I discussed the possibility of something happening to Beth while on the tractor.”
“Do you know how to operate a farm tractor?”
“With these nails?” Patti waited for laughter from a silent courtroom. “No.”
“But you watched Lou and Beth?”
“Yes.”
“And you understood the basics?”
“Yes, Lou explained it to me.”
“Do you know what a window weight is?”
“Not until Lou showed one to me.”
“Do you know what a power take-off is?”
“Not until Lou demonstrated one for me.”
“Did you encourage Lou Stephens to free herself of Beth by harming her?”
“Objection!” Rich Tyler finally knocked his chair over.
Judge Henderson did not hesitate. “Overruled.”
“Only if she wanted to. Lou had been through so much with Beth about her career and her mother.”
“Yet you asked Lou if she would kill for you?”
“After four mixed drinks, yes, I did. And, yes, she was willing.”
“Were you willing to buy Beth out since you wanted her share of the farm?”
“It would have drawn too much from my portfolio.”
“That’s a no?”
“Yes.”
Howard stared at the members of the jury, then turned to Patti. “Did you take Lou Stephens up on her willingness to remove all the weights from the tractor knowing Beth would use the tractor on a steep slope?”
“I came up with the plan as more of a mind challenge, never really believing Lou would carry it out, even after I suggested it was time to set things in motion. It was so simple. Lou should have thought of it herself.”
Judge Henderson stared at Patti Candler with no sympathy.
Ellen gripped Janet’s arm as though readying to saw it off. Neither woman could take their eyes from Lou as she whispered furiously in Rich Tyler’s ear while gesturing at Patti. He repeatedly shook his head in response to her ranting.
Chapter Thirty-three
Janet felt Ellen’s eyes on her. She leaned closer as the crowded courtroom settled down for a new day of testimony. Proceedings would begin in fifteen minutes.
“That bitch,” Ellen muttered. She leaned forward and looked across the aisle as Ashley Tate wordlessly took a seat behind Rich Tyler, completely ignoring Will Candler. Ellen had seethed all night about Patti’s testimony against Lou.
Janet squeezed her hand. “Don’t start that again.”
“She’s a conniving bitch.” Ellen hissed the words. “Patti reeled Lou in and has now ratted her out to save herself. Conspiracy my ass, Patti is the damn mastermind of all of it. Lou is going to take the fall because Rich Tyler’s fat ass didn’t think of ratting first.”
Howard Mills looked over his shoulder and pressed his index finger across his lips.
“Sorry.” Ellen folded her arms over her chest as though to hold her frustration in check.
Janet was truly ashamed that she snickered as Rich Tyler tried to stand and the chair he was sitting in came several inches off the floor with him. The fact that Janet could not keep her mind off Rich and his chair told her she was seriously torn out of the frame over the
trial.
Ellen smacked Janet’s forearm. “Be serious.”
Greg leaned forward and whispered. “We don’t need a judge, we need an interrogator.”
“You guys behave.” Janet looked first at Ellen, then over her shoulder at Greg. Andy raised his eyebrows as though innocent of thinking the same. “It’s all part of due process. Now is the hard part. The prosecution’s facts have been presented to the jury. It’s Rich’s turn to cross-examine and challenge the evidence on Lou’s behalf.”
“Patti should have just been made to testify, no deal, no plea bargain, no high-dollar bitch pressuring everyone, no twisting the truth to benefit her.” Ellen sat on her hands, attempting to calm herself down.
“Nemo tenetur se detegere,” Janet said clearly. She saw Howard nod.
“You do and you’ll clean it up,” Ellen said, and Greg giggled.
Janet patted Ellen’s thigh. “Latin for ‘nobody has to reveal oneself.’”
Ellen frowned. “Fifth Amendment?”
“Very good. Look, we know Lou and Patti are equally guilty, but they have the right against self-incrimination. They can’t be forced to be a witness against themselves. We’re damn lucky for the e-mails and waitresses’ hearing what allowed Howard to leverage Patti into testifying, or they both would have been much more certain of getting off scot-free.”
“Entire process sucks, doesn’t it?” Greg leaned forward with his face between the two women.
“Well, no. But it does create a boundary that the prosecutor may not cross unless the witness so chooses,” Janet explained.
“Who in the hell would do that?” Ellen spoke before Greg beat her to the question.
“Someone who, in their mind, is sure of their innocence and needs the rest of us to believe them to restore their reputation and popularity enough to risk taking the stand.”
Ellen and Greg spoke simultaneously. “Lou.”
Janet nodded in agreement. “I’d bet money on it and that’s what worries me.”
Lou’s appearance had changed drastically during the weekend break. Her hair was cropped close to her head—shorter than she had ever worn it—and there was no softening of her features with makeup. She had the appearance of not sleeping and a deep set wariness in her expression. Lou finally understood being betrayed by someone she was completely in love with.
In response to Rich’s questions, Lou stated her full name, address, and relationship to Beth. “We were lesbian partners for over two years.”
The packed courtroom was silent. The jurors stared at the woman seated beside the judge.
Rich stopped midway in his approach to the witness chair. “How was Keith Candler with that relationship?”
“Uncomfortable at first. It was hard for her to accept Beth’s coming out, but she came to consider me as her adopted daughter.”
“You helped with her care after she moved into the cottage on your property?”
“Yes, sir.”
“You had a good relationship with her?”
“Yes, sir.”
“Was caring for her mother hard on Beth?”
“Yes, sir. She handled everything, wouldn’t let anyone else help with grocery shopping or taking Keith to the doctor, even though it tore her to pieces.”
“Was losing her mother hard on Beth?”
“Yes, sir. They were very close. More like friends most of the time than mother and daughter. Beth was devastated by her mother’s death. There was nothing any of us could do to help her deal with it.”
“Beth was a strong, independent woman?”
Lou almost smiled. “Yes, sir.”
Greg leaned over to Janet. “Should he be going there?”
“I knew he would.” Janet concentrated on observing Lou.
“Was she strong and independent the entire time you knew her?” Rich folded his hands together.
“The last several months, we were all worried about the changes in Beth.”
“You and her brother?”
“And Patti.”
“What changes?”
“She lost interest in work, in her friends, and in her family. We couldn’t convince her to see a doctor, but she appeared very depressed.”
Rich nodded. “Over the loss of her mother?”
“Yes, sir.”
“What was your arrangement with Beth Candler?” Rich tried to cross his arms over his chest, but they didn’t quite reach. He slid his hands into his tight pockets. “Did you two have an open relationship?”
Lou frowned.
“Did both of you date and have sex with other women?”
“No, sir.”
“Just you?”
“Yes, sir.” Lou’s body slumped in the chair. “Only once while we were together, though.”
“You had a sexual relationship with only one other woman while you were with Beth Candler?”
“Yes, sir. Patti Candler.”
“Was it just sex? Was it merely ‘dabbling’ on Mrs. Candler’s part?” Rich asked the question, knowing Ashley Tate would make him pay dearly.
“I didn’t think so at the time, and that wasn’t what Patti told me. We both felt we had found our soul mates for the first time in our lives, that we had known each other in previous lives.” Lou glanced at the jury members.
“So you were in love with Patti Candler?”
Lou did not hesitate. “Yes, sir.”
“Were you still in love with Beth?” Rich’s voice was incredibly gentle, as intended.
“Yes, sir. I cared for her very much. She had become more of a lifelong best friend.”
“You weren’t over the involvement with Beth, as Mrs. Candler stated yesterday?”
“No, sir. The passion was gone, but I could see us growing old together as roommates.”
“It wasn’t fun or exciting anymore?”
“Beth didn’t need me. Patti said she did. Patti said she would have died without the love I brought to her. I believed her.” Lou said it simply.
“Beth Candler had just experienced a grievous personal loss and was self-sufficient in dealing with it. Patti Candler was bored with her marriage and you were her savior?”
“Yes, sir.” Lou wiped her eyes.
“Would Beth have shared you with Patti Candler?”
“No, sir. Beth made it clear to me in the very beginning that she was strictly monogamous. It was also her brother’s wife. That’s what made all of it become so jumbled and crazy. I was so caught up in what Patti wanted.”
Ashley Tate earned the judge’s glare with the loud sigh she released.
“What about your financial arrangements?”
“We had made the commitment to live together as partners. I gave her half interest in my home. Beth made improvements to it. We were equal partners in everything.”
“You both worked on projects inside and outside of the house?”
“Yes, sir, together and separately. We both liked tinkering about the farm…Beth was raised on a large one…and manual labor.”
“Did you tamper with the tractor before Beth used it on April 29?” Again, Rich’s voice was deliberately gentle.
“No, sir.” There was no hesitation on Lou’s part.
“Did you take the weights out of the box on the front frame of the tractor so that the bush hog would not be counterbalanced?”
“No, sir.”
“Did you carry thirty-six weights to the trash pile on your property?”
“No, sir, I did not remove the weights from the box.”
“Did you explain the tractor and weights to Patti?”
“Yes, sir. She was very curious about all that Beth did. She played games with different scenarios of how Beth might die. It became an obsession with her.”
“Refresh my memory. Each weight was approximately how heavy?”
“Six pounds, a little more than a bag of sugar.”
“Easy enough for anyone to lift,” Rich said. “Tell me again how the tractor was used.”
�
�In winter, a blade stayed on the front to push snow. The weights over the front axle helped so that the blade would break through ice or frozen slush. If it was a light, powdery snow, I took the weights out so that the gravel wasn’t scraped into the ditches, stacking the weights right beside the tractor. The bush hog stayed on the back for balance and traction, it was too much trouble to remove. Rest of the year, blade was off and weights on the front with bush hog on the back for mowing grass.”
“You sound as though you know your way around the mechanics of tractors.”
“Yes, sir, that’s part of my job at Fletcher Women’s College as grounds manager.”
“You maintained the tractors at home?”
“Yes, sir.”
“But Beth did all the mowing?”
“At least ninety-five percent of it. I used the riding mower immediately around the house. She used the tractors for the fields and paths through the woods. I did nothing to tamper with the tractor, ever. The last time I worked on it, I changed fluids, checked tire pressures, sharpened bush hog blades, and readied the tractor for mowing grass.”
“In April?”
“Yes, sir. It was an early spring. I made sure the tractor was safe for Beth and ready whenever she wanted to use it. She loved being outside after spending the week inside at the office.” Lou’s genuine affection for Beth showed clearly on her face.
Rich returned to the defense table with his shoulders drooping, knowing Lou’s insistence on testifying was an error he had not been able to dissuade her from making—she accepted and understood that it was her call.
Howard referred to his notes jotted during Lou’s testimony. He approached the witness stand still processing the questions he could ask so that they might actually be answered. He knew exactly what Lou Stephens was trying to accomplish.
“Would you have been able to buy Ms. Candler out of your partnership?”
Lou looked at her lap. “I exercise my right to silence.”
“Wasn’t Beth Candler’s distress during the last months of her life due to your affair with her sister-in-law and the deterioration of her relationship with her brother?”
Rich quickly objected and Judge Henderson just as quickly sustained.
“Are the front weights on the tractor something to check as routinely as say gas and oil levels?”
The Arcanum of Beth Page 22