“I’m sorry, Mr. Omar. This must be my eleven o’clock. I’ll call you after I make sure Mr. Nguyen is okay with my representing you. If he is, I’ll represent you on the tax form issue.” Jo thought about how much she needed money for her parents. “And if that goes well, I might be interested in working with you more.”
They shook hands and Jo walked Omar to the door. She unlocked it and held it open as Omar exited. Brad Gecina was standing outside, he turned his head to watch Omar leave Jo’s office.
Chapter 7
“Was that the Tiny Terror?” Brad asked, as he pointed to the door.
“Who?”
“Marcos Omar.”
“The Tiny Terror?” Jo asked with some confusion as she walked to her desk and gestured for Brad to take a seat.
Brad nodded. “His nickname at the station. He’s kind of a legend.” Brad tugged at his slacks so they were taut before he sat down. “Anyway. Any news on my situation?”
Jo wanted to ask about Marcos Omar, but was able to focus on Brad and his issue. “I met with a deputy DA yesterday and my gut tells me they aren’t going to charge you unless something unexpected pops up. So far Cassie has been pretty quiet about everything so unless this story gets legs, I imagine there won’t be any charges.”
After shaking his head Brad said, “The reason I hired you is because I want someone who can get in there and work out an immunity deal. Charges, even baseless charges, could destroy me. You know how I said I’d be willing to leave the force? I have a new job opportunity lined up. I want to be sure I’m not charged with anything.”
Jo moved a notepad in front of her. “Okay. If we want to push further, then I’ll need to pin down our story more and see what kind of proof we have to support it. Take it to a Free Meeting and make your case. I’m not optimistic but will give it my all.”
“Let me know what I can do to help.”
“Let’s lock in your timeline with the evidence. You went to April’s house at two am, after a night at the bar. She yelled at you and you left at around three am. You went straight to the police station and slept in an officers’ lounge, then went on duty at six am. Where did you go at six?”
“After morning briefing I was in my squad car at six thirty. I went straight to the spot where I often do traffic enforcement and took a nap.”
“Where is it?”
Brad signaled for her pad and sketched out a rough map as he spoke. “It’s by a trolley stop parking lot, under a bypass. I slept there for a few hours then went to get coffee and pee at a Starbucks two blocks away at about nine thirty.”
Jo found the address for the Starbucks on her computer. “Do you mind if I take a picture of you? I want to go to the Starbucks and see if anyone remembers seeing you there and if they have any security camera footage.”
Brad brushed up and patted down his hair with both hands. “Go for it.”
Jo used her cell phone to take a picture of him.
“You know,” Brad said as Jo set her phone down on her desk. “I’ll bet the trolley station has security footage of my car.”
Jo pulled the pad back so she could write more details on a fresh page. “I’ll bet you’re right. If we can lock down your location and prove it was impossible for you to have been at the apartment... then there is a slight chance we could swing an immunity deal.”
“What time does Cassie say it happened?”
Jo’s eyes focused on the edge of her desk. She couldn’t bring herself to look Brad in the eye. “The police report says Cassie didn’t know what time because you pulled the alarm clock out of the wall and strangled her with the cord. Cassie said that when you finished you took her phone from her purse and threw it in the toilet. She said it wasn’t bright out. She left her apartment a few hours later, after she gathered herself, and called the police from her neighbor’s phone. That call happened at eleven.”
“She sure has an active imagination. Was there bruising around her neck? Could a doctor estimate what time it happened for the bruising to set in and if she could have done it to herself?”
Jo brought her eyes up so she was looking at Brad’s face. “She went to the emergency room at noon. There were ligature marks around her neck, the doctor estimated she was choked six to twelve hours prior to arriving.”
With a hint of excitement in his voice, Brad said, “So if we have my whereabouts proven for those times, I’m basically proven innocent.”
“For the most part. You have a pretty solid alibi with being at April’s and then going to the station. A prosecutor would have to prove that April is lying to cover up for you or that you left and came back.”
Brad shook his head with disbelief. “Is there even any proof that a rape happened?”
Jo shrugged her shoulders. “Cassie underwent a SART. There was no DNA found from anyone else in her private areas but there was evidence of slight tears consistent with vigorous sexual activity. No finger prints or DNA that’s been processed matches yours have been found.” Jo looked back down at the table again. “The report says she believes you snuck into her bedroom and she woke up with you wrapping the cord around her neck. She says you were completely naked except for gloves and a condom. That you forced her onto her stomach and had sex with her. You kept the condom on your penis as you grabbed her phone and threw it in her toilet and then went to her hallway to put on your clothes.”
“Unreal,” Brad said, jaw dropping, as he stared at Jo’s desk.
“Yeah,” Jo replied, because she couldn’t think of anything else to say. Jo held back a grimace thinking about Cassie’s choke marks around her neck and being sexually penetrated.
The two sat in silence for a few seconds. Brad broke it. “Let me know what I can do to help my own case.”
“I’m not sure there is anything for you to do right now. When there is, I’ll contact you. I’m going to get surveillance footage from Starbucks and the transit station”
“Okay. Thank you.”
They wrapped up the conversation, she walked him to the office door, unlocked it and said goodbye. She looked out into the parking lot to watch him get into his car. With the idea of video surveillance fresh on her mind, she thought it would be a good idea to get security cameras with a little feed to her computer so she would know who was coming to her door before she went to answer it. There was a small chance this Brad Gecina might actually be a choking rapist that she might not want to let in someday.
Jo locked the door, a firmly entrenched habit, then walked behind her desk. She took the plaques off the wall, setting them on the floor under her desk. She would need to get some artwork and put up her certificates. And maybe a second desk for another lawyer or law clerk. Her office seemed kind of creepy. Visits from thugs and accused rapists didn’t make it feel any more welcoming.
After thirty minutes of being placed on hold and having her calls forwarded, she was able to talk to someone who would locate and save the security footage at the parking lot. She was also able to leave a message for a manager at the Starbucks with the date and time of the security footage she was seeking. She looked at her Ann Klein watch and knew she had to leave to go meet Dzuy for lunch, like five minutes ago.
Jo sent Dzuy a text. [On my way.] She gathered up her notepad and file for Tai Nguyen and put them in her purse.
Her phone buzzed. [Where?]
[Uh, downtown], Jo replied with some annoyance.
[I meant what restaurant?]
“Oh,” Jo said out loud as she locked the office door behind her. She wanted someplace where they would have a modicum of privacy. Her usual favorites were always crowded. She texted, [Want to get sandwiches and sit on a bench outside? Nice day for November.]
Her phone buzzed as she got in her car. [Sure.]
She called Dzuy in her car. Since he was downtown, he would get her a sandwich and ice tea from Subway and they would meet on Front and Broadway. Twenty minutes later Jo smiled as she saw Dzuy standing on the corner, holding two sandwich bags in one hand a
nd two drinks in a little tray in his other. She waved to him as she approached.
“Hi, Jo.”
“Hi, Dzuy. You didn’t wave back.” Jo chuckled. Dzuy held up his full hands and shrugged. This might be a tough conversation but she somehow felt partially at ease.
They walked for a minute in nervous silence before finding an unoccupied bench in the shadow of the red Federal Building. Dzuy handed Jo her tea and sandwich bag and looked at her high heel shoes, not her face. “Give me a minute to hear me out. My ex-girlfriend still lives with me. Well, sort of.”
“Sort of lives with you or sort of ex-girlfriend?” Jo asked looking straight ahead at the little artificial grass park.
“Sort of lives with me. Definitely an ex. She’s not sure she’ll ever want to have kids and she knows she doesn’t in the next five years for sure. I might have waited if she knew she wanted them someday, but I’m ready sooner than later. She’s also almost forty. By the time she came around, it might be too late. So it might make me a little selfish, but I want to have a family with kids. One might be enough. But I know that I want at least one.”
Jo softened a bit as she studied Dzuy. “So why does she live with you?”
Dzuy looked up at her. “She moved out, but keeps a few things there so her mom thinks she still lives there.”
“Okay?” Jo asked with confusion.
“Her parents were older when they had her. Probably why she’s not in a rush. Her mom is almost eighty and just went into hospice. She didn’t want to have her mom worry about her, so we’ve been a bit dishonest with her mom and pretended to still be together for her sake. Her mom checks Facebook constantly and comes over every once in a while for dinner at my place. If it comforts her mom but makes things weird for my dating life, I can make that sacrifice.”
Jo melted on the inside. “I. I. I. I’m sorry for your ex.”
“Me too,” Dzuy said softly. He pulled his sandwich out of its bag and unwrapped it. He looked at his sandwich but didn’t take a bite. “What was your terrible news?”
Jo looked at Dzuy’s sandwich. “My dad has prostate cancer. It was caught early and is very treatable. But it’s scary. And I learned my parents are in much worse financial shape than I would have ever guessed. If he has to take a lot of time off of work, things could be really bad.” She looked down at her own feet now.
“His health is all that matters. You’re a lawyer and your sister is a doctor. I’m sure you’ll find a way to pull through any of the financial troubles.”
Jo unwrapped her sandwich and took a bite. A few seconds later she swallowed. “You’re right. Thank you for getting the sandwich and meeting me here. And thank you for sharing the details about your ex-girlfriend.”
“You’re welcome.” Dzuy took a bite of his sandwich.
Jo tapped Dzuy’s shoulder. “Kind of heavy conversation for a first date.”
“Yeah. But it’s nice to know if you can talk about important stuff early on. I’d hate to learn after a couple of months that you weren’t very understanding.”
“I’m not that understanding. Your circumstances are special. And I’m not quite selfish enough to be mad at you for being so kind and thoughtful.”
“Thanks.”
Jo turned and looked Dzuy in the eyes. “Don’t thank me. Do you realize how high you set your bar?” She smiled wide and chuckled dubiously.
“So you see a future with me?”
“I could. Just don’t do anything stupid and blow it.” Jo started laughing at her own comment. Dzuy joined in for a little laugh.
Jo took a sip of tea and said, “Oh, hey. I was thinking of putting in a security camera at my office so it goes to my computer and I can see who is at the door and record everyone who comes in. You said your team works on stuff like that, do you know how to do it or who I should call?”
“I can do it. On Sunday night?”
“That would be great. I’ll pay you whatever the standard rate is.”
“Dinner after.”
“That’s the standard rate?”
Dzuy looked up at the trees for a second thinking. He whispered softly, “Divide by two and carry the one.” He looked at Jo. “Yep. I did the math. That’s the cost for labor. I’ll send you an email with a list of what to get and where you can get it.”
“Thank you. I’m looking forward to our second date.”
Dzuy looked at Jo. “Why are you counting our dates?”
“There’s a rule that there’s no sex until the fifth date. Just because you seem so perfect doesn’t mean you can break the rules.”
Dzuy raised his eyebrows in a flash. “Sounds like you’re already thinking about it…”
Jo winked at him. “I invoke my Fifth Amendment right not to incriminate myself.”
“Stupid work trip,” Dzuy joked. He signaled for her sandwich wrapper and gathered all the garbage into his plastic bag. He gently placed his hand on her thigh. “Sunday is two, Monday is three… So by Wednesday we’ll be good to go.” He put his hand on top of Jo’s.
“That’s the earliest possible date. Doesn’t mean that’s the night. And what makes you think I don’t have plans any of those nights next week?”
“Wishful thinking.”
They sat chatting on the bench until Jo’s alarm on her cell phone rang. She found the ringing phone in her purse and shut it off. There was a new text message. [Good luck in court TG.]
Dzuy snuck a look at her phone. “What’s up?”
“Just a message from a lawyer friend wishing me luck in court today.” She flashed him her phone.
“Why does he call you TG?”
Jo rolled her eyes. “In law school he called me Tour Guide because he noticed I stopped to help provide directions for people who were lost. During my internship he saw me helping point a family in court to the right department. That made him stick to the nickname for me years later.”
“You earned a nickname for going out of your way to help people?”
Jo shrugged. “It’s how I was raised. Just because I didn’t become a doctor doesn’t mean I’m not supposed to help people.”
Jo saw Dzuy shiver a little at her response. She nodded, “What’s up?”
“You literally gave me goosebumps with that. That’s how my parents raised me and how I hope to raise my kids.” Dzuy grinned. “You are an amazing woman.”
“Duh,” Jo said with a smile. She reached into her bag and presented Dzuy with a little tube of lip gloss. She looked around and didn’t see anyone she knew or anyone watching them. “Last chance to kiss me today.”
Dzuy took her up on it. After a few seconds of making out like teenagers, Jo realized any number of attorneys, judges or police officers that she knew could see her on the way to court. She pulled back. “I’m looking forward to Sunday, but really need to go make sure my client can get out of jail soon.”
“I’ll walk you to court.”
Jo put her lip gloss on and clamped her lips to spread it. “See this? No more kissing. And thank you for walking me to court. Ready?”
“Let’s go.”
Chapter 8
Jo strode down the long second floor hallway of the Superior Court with a confidence born of familiarity with her surroundings. As she approached the right hand turn that would lead her to department twelve, the felony arraignment department, she slowed her gait. Something seemed off. Something was different.
Jo leaned her head forward and looked down the hallway. She saw the families of people in custody, lawyers, and defendants who were not in custody. It was typical. Jo pulled to feel the weight of her briefcase. She looked down at her shoes and suit skirt, then back up. Her gaze focused on a public defender with a stack of files when realization struck. Nothing here had changed except her.
Jo felt the uneasy comfort of visiting a long ago graduated school or a childhood home. Everything was familiar and the same, but different, because she was different. A deep breath in, Jo exhaled and scanned the people in the hallway. Jo a
pproached the public defender to advise she had been retained by Tai Nguyen. The public defender scanned through the stack of files in his hands and didn’t have Nguyen’s file.
Jo thanked him, entered the courtroom and walked past the sparsely filled gallery to the bailiff’s desk. She exchanged quick pleasantries with the bailiff she had met dozens of times and asked him to bring Tai Nguyen to the box.
Jo waited for the deputy district attorney seated at counsel table to finish talking with another retained attorney. When they were done, Jo smiled at her former colleague and approached him. “Hey, Matt.”
Matt Terry looked up from his files upon hearing a familiar voice. “Jo!” he exclaimed a little louder than standard decorum suggested he should have. He whispered, “I’d stand up and hug you but don’t know when the judge will take the bench.”
“It’s great to see you. Here to defend my first client in private practice. Tai Nguyen.”
Matt flipped through his stack of files and pulled it out. He opened it and read, “Health and Safety Code Section 11351. Standard bail is $25,000. Just because we’re friends, I can’t do less than standard.”
“I wouldn’t ask it. Money’s tight for my client after retaining me,” Jo bluffed confidently. “I think he’s better off staying in custody.” She put her hand on Matt’s shoulder. “But with a recommendation to the Court that the Court suggests the sheriff permit house arrest.”
Matt flipped through the pages in his file. “One previous arrest for possession of marijuana five years ago. He did PC 1000, right?”
Jo didn’t know. “I believe that’s correct. And that wouldn’t even be a crime now.”
Matt looked blankly at Jo, inviting her to convince him.
“My client isn’t a flight risk. He moved here when he was young and was raised here. He’s complied with a court program before. The sheriff would have a monitor on him. Our jails are overcrowded so why fill them with non-violent offenders?”
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