Olivia hesitated. Ever since she started practicing law, Olivia had made it a point – weather and schedule permitting – to take a walk after a court appearance. Sometimes she’d sneak her walk in on the lunch recess, changing into sneakers and a sweatshirt in her car. She used the time to clear her head and step away from the inevitable conflict inherent in all litigation. One of the benefits of being a solo practitioner was the freedom to carve the time to take her walks, and over the years, the post-court stroll had become an important thing to her.
“For me,” Brian said.
Deciding she could take her walk after lunch, she smiled at Brian, wishing she could kiss him. “For you? Of course.”
Chapter 13
Olivia
Tuesday, January 6
Given the full arraignment docket, Olivia wasn’t able to see Ebby on Tuesday morning prior to his case being called. While she waited in the spectator seating, along with a handful of other lawyers – recognizable by the papers they studied and their nonchalant attitude about the proceedings – Olivia paid attention to the cases that were arraigned before her, trying to gauge the judge’s temperament. It was always good to know if she should come on like gangbusters or play it cool.
When Ebby was finally led into the courtroom, wearing the standard-issue orange jumpsuit and a look of total bewilderment, Olivia pushed her initial worries about her client’s welfare away and moved to the front of the courtroom.
When Ebby’s case was called, the two of them moved to the defendant’s table. Olivia cast a sidelong glance at the assistant DA assigned to the case. He looked like he’d just graduated from high school – but everyone looked young to Olivia these days. When she met his eyes, he surveyed her from head to toe, not bothering to hide his sarcastic smirk. Ebby stood by her side, anxiety coming off him in waves as the clerk called the case and the judge summarized the charges. “Let’s enter appearances and the plea for the record.”
“Seth Woodson for the People.”
“Olivia Sinclair, for the defendant, Your Honor.” She braced herself for the inevitable flash of recognition at her name following the events of the previous October. However, the judge didn’t react, rather he stared at the file before him. Finally, he looked up. “Your plea, Mr. Engstrom?”
Ebby cleared his throat. “Most definitely not guilty,” he said.
“Let’s hear from the People on bail.”
The ADA rose and buttoned his jacket before he addressed the court. “We request remand, Your Honor. The defendant confessed to murdering his mother in front of nearly one hundred witnesses.”
“Mrs. Sinclair?”
“The murder at issue took place over thirty years ago when the defendant was only a child. Mr. Engstrom has never been in trouble with the law. Mr. Engstrom was thirteen years old when he witnessed his mother’s murder. Since that time he’s had dissociative amnesia. His memories are starting to come back and they are affecting him. Mr. Engstrom doesn’t even remember confessing. He collapsed and was rushed to the hospital, after which he was treated for exhaustion and dehydration. The DA was overzealous in his enthusiasm—”
“Let’s save all that for trial, Mrs. Sinclair. Bail is set at $500,000. The defendant is to surrender his passport. The case will be referred to the criminal calendar for assignment of a judge and a scheduling conference.”
“Thank you, Your Honor,” Olivia said. With a nod, Seth Woodson grabbed his briefcase and walked out of the courtroom. The entire proceeding had taken less than two minutes, leaving Olivia feeling like she had just stepped off a rapidly spinning merry-go-round.
“Do I come with you now?” Ebby asked.
“You’ll go with the deputy and be processed out. Elodie’s here to take care of that. I have to go to the clerk’s office. I’ll talk to you outside, okay?”
Ebby nodded and allowed himself to be led away.
***
After Olivia filed her motion to suppress Ebby’s confession and her request for discovery, she stepped into the hallway of the civic center, her mind occupied with the things she needed to do to prepare Ebby’s defense, including finding a forensic psychologist who was conversant in dissociative amnesia, when she walked right into Seth Woodson.
“Mr. Woodson. Can I talk to you privately?”
Seth Woodson once again gave Olivia the once-over. He actually started at her feet and worked his way up her body, judging her like a piece of meat. She nearly recoiled, but didn’t want to alienate him so early in the case. “What about?”
“The case,” Olivia said, biting back her irritation.
“Follow me,” he said. Olivia trailed behind Mr. Woodson as he hurried her along to the wing that housed the District Attorney’s office. They walked past a row of secretarial desks, until they wound up in a conference room, with banker’s boxes stacked against one wall and papers scattered all over the table. Once they were inside, Seth closed the door. He didn’t sit down, nor did he invite Olivia to sit. “What do you want?”
“Have you done any investigation into the circumstances of this case? The arrest seems a bit hasty from where I’m sitting.”
“Your case is a dog, Mrs. Sinclair. Your client’s guilty.”
“Aren’t you interested in the truth? Someone got away with murder thirty years ago. I thought you’d want to put the right person behind bars.”
“I’m interested in taking you to school, Mrs. Sinclair. You’re a murderer. You killed a young girl out of jealousy. You should have been disbarred.” He smiled and gazed at Olivia with cold empty eyes. “I’m looking forward to kicking your ass in trial.”
“Do you make it a practice to try and intimidate opposing counsel? Or do you just save that for the female lawyers?”
Olivia knew the Marin County District Attorney, Gwen Kyleson, had zero patience for sexism. She was gratified to see Seth wince at her words. But he recovered in a heartbeat.
“From where I’m sitting, you’ve got a guilty client who’s gullible enough to hire an inexperienced second-rate divorce lawyer. Do your client a favor and let him get someone with experience.”
Olivia gave Seth a smile so open and genuine and full of goodwill that Seth actually took a step away from her. “Here’s my motion to suppress. Have a nice day.”
***
Olivia headed out into the January chill, surprised to see Elodie and Ebby braving the weather as they waited by her car. Ebby looked like something the cat had dragged in, and even though Elodie was dressed appropriately for court in a black dress and sensible shoes, there was no denying the worry lines etched around her eyes.
“I hope you haven’t been waiting long?” Olivia said.
“No,” Ebby said. “I needed to be in the fresh air.”
Olivia understood. She remembered her night in jail not so long ago. “Are you okay, Ebby? You look like you could do with a good nap.”
“I’ll be fine.” Not missing a beat, he added, “What are we going to do, Olivia? How are we going to investigate?”
“We aren’t doing anything. There’s no we. Do you understand? Here’s what I propose. Ebby, I think you need to eat a good meal and catch up on your sleep. I’m betting you haven’t closed your eyes, have you?”
“No,” Ebby admitted. “It’s noisy in there.”
“Let’s meet first thing tomorrow morning, okay? At that time, I’ll answer your questions, tell you what I know, and discuss trial strategy. I have a plan. Right now, you need to rest and get healthy so you can help me defend you.”
“That sounds like a good idea,” Elodie said.
“Okay,” Ebby agreed. “I’m going to Felicity’s. You have my cell.”
“Good idea. We’ll discuss everything tomorrow. My office, nine o’clock, okay?”
They nodded, then headed to their car. Olivia sat in her car, her stomach in knots as she watched Ebby and Elodie drive away through the rearview mirror. The divorce cases she had handled in the past often boiled down to a battle of expert witnesses, ac
countants who dealt with finances, and psychologists who dealt with child custody and visitation rights. The entire process, of course, was laced with legal maneuverings and manipulations. That was the nature of the business. And although the stakes were high in divorce cases, especially when children were involved, criminal law was a completely different beast. Criminal law, it seemed, was going to be a dog fight.
Olivia punched in Brian’s number. He answered on the first ring. “Ebby’s out of jail.”
“That’s good,” Brian said. “How is he?”
“Tired. He’s coming to the office tomorrow morning. I told him to go home and get some sleep now.”
“Sound advice. See you at The Left Bank?”
“I’ll be there,” Olivia said.
They hung up and Olivia headed south on 101 toward Larkspur, to the dreaded lunch with Brian and his new girlfriend.
Chapter 14
Olivia
Tuesday, January 6
The last thing Olivia wanted to do was eat lunch with Brian and Leanne. For the briefest moment, she thought about begging off, claiming a headache and promising to have lunch another time. That way she could go for a walk and turn her attention to Ebby’s case. But she’d made a commitment to Brian. She needed to show up, have lunch, and put this attempt at polite society – insofar as Leanne was concerned – behind her.
Situated on Magnolia Avenue, down the street from Olivia’s office, The Left Bank was her go-to restaurant. Given the restaurant’s excellent food, and its proximity to her house and office, Olivia had ordered takeout so often lately she was on a first-name basis with the staff. The hostess smiled when she saw Olivia and greeted her by name. “I’d offer to take your coat, but your party is eating outside.”
Given Brian’s penchant for sitting outdoors when it was cold, Olivia wasn’t surprised. The day was a perfect combination of bright sunshine and winter chill. Brian and Leanne sat with their heads together in conversation. Brian smiled, as though he and Leanne had shared a secret, and suddenly Olivia felt like an interloper. Leanne was bundled up in a coat and hat and had even had the foresight to wear fingerless gloves. From a distance, they looked like any other happy couple, chatting easily and drinking coffee out of steaming mugs. Plastering a fake smile on her face, Olivia took a courageous step toward them.
“Sorry I’m late,” she said. “Long line at the clerk’s office.”
“No problem,” Brian said.
“Brian told me you got your client out of jail,” Leanne said. “Congratulations.”
Ever the gentleman, Brian stood and came around to pull Olivia’s chair out for her. “How’s Ebby holding up?”
“He looks a little rough, but a good night’s sleep will put him right,” Olivia said. She picked up her menu and pretended to read, even though she already knew every item on it by heart.
“I’m glad you made it today, Olivia,” Leanne said. “I know you must be really busy right now. How does it feel to be back to work?”
Olivia smiled. “Not sure. I feel like I dove into the deep end today.”
They were interrupted when the waitress came and took Olivia’s order – salad niçoise and a cup of chamomile tea – and the conversation flowed. After asking Olivia a handful of questions about her career as a lawyer, Leanne recited her entire history without any prompting, not noticing that she was doing most of the talking. By the time dessert came, Olivia knew that Leanne grew up in San Francisco, went to Galileo High School, and moved to Los Angeles to attend nursing school, where she lived with an aunt.
She had married and lived most of her life in Minnesota, but moved back to California when her husband died. She now worked as a travel nurse, and, much to her delight, she would be working at Marin General Hospital for the foreseeable future. “And I’ve just rented a condo right across from the hospital on the water. The view is stunning. I’d love to have you both over for dinner one night.”
“That sounds great,” Olivia said.
Leanne picked up her glass of water. “To new friends. I’m so glad to know you, Olivia.”
Something was different about Brian and Leanne today. Olivia noticed the way their hands brushed, the way Brian put his arm around the back of Leanne’s chair, a gesture of casual intimacy that spoke volumes. They’ve slept together. Olivia reeled at the realization and felt her stomach turn as a vision of Brian and Leanne writhing in passion ran across her mind’s eye.
“Liv, are you okay?” Brian interrupted Leanne mid-sentence.
“I’m fine,” Olivia lied. “Just thinking about the case.” She picked at her salad, no longer hungry.
***
Glad to get away from Leanne and Brian, Olivia hurried home, changed into her walking clothes, and headed back into the congested midday traffic on Magnolia Avenue, Larkspur’s version of Main Street. The sidewalk tables outside the local patisserie were filled with people dressed for the cold. Some read the newspaper, some wrote in journals. A group of young women sat around a table, each of them holding a small dog in their lap. Although Olivia preferred walking on the Tiburon bike path, with its spectacular view of the Golden Gate, today she opted for the path near Marin General Hospital. It didn’t have a view of the bay, but it was closer to home, and the view of Mt. Tam would do just fine.
Olivia sat in the line of cars at a stop light, thinking that after her walk she would spend the afternoon reading the medical examiner’s report from Cynthia’s murder, and finding a forensic psychologist, when she noticed Brian’s car ahead of her. When the light turned green, Brian turned toward the hospital. Olivia realized he must be on his way to drop Leanne off at work. Olivia, who often parked in the lower lot at the hospital when she went walking, followed Brian, careful to keep her distance so as not to be seen. When Brian pulled into the road that led to the upper parking lot and the hospital’s main entrance, Olivia pulled into the lower lot and parked in her usual place. From her vantage point, she saw Leanne lean over and kiss Brian’s cheek before she got out of his car and headed into the hospital for her shift. Olivia ducked when Brian drove past her car.
She took her time putting on her coat and checking that her keys were zipped in her wallet. She was just about to get out of the car, when she caught sight of Leanne in her rearview mirror, coming down the stairs toward the lower parking lot. Not wanting to attract attention, Olivia sat still as Leanne got into a shabby Honda Accord and drove away.
***
Olivia’s living room was at its best in the afternoon, when the bright light flooded the huge picture windows that overlooked Mt. Tamalpais. Her walk hadn’t been as relaxing as she had hoped. Her mind strayed to Leanne and the way she’d sped out of the hospital parking lot in the car that Olivia believed was in the shop. She dropped her hat and gloves on the hall table, put the kettle on, and lit the gas log fireplace. Once she was situated on the sofa, she tried to focus on making a to-do list for Ebby’s case, but gave up after about ten minutes.
Sipping her tea, Olivia booted up her computer and went to the website for the California nursing board. Clicking through to the consumer section, she followed the drop-down menu that said verify a license and entered Leanne Stoddard. Three names popped up: a Leanne Stoddard who was deceased as of January 18, 2012, a Louise Engle-Stoddard, whose license was inactive, and finally there was a Nina Marie Stoddart, who resided in Colorado. There were no other Stoddards listed.
Olivia tried to come up with a legitimate reason as to why Leanne Stoddard wouldn’t be listed on the nursing board’s website, but couldn’t think of any. If she was a nurse in California, she would need a license. If she had a license, it would be listed on the website. Wouldn’t it? Was Olivia just being petty and jealous because of her feelings for Brian? Maybe Leanne was using her married name for her nursing license.
“Stop it, Olivia! You’re acting like a fool!”
Her phone rang. Unknown number flashed across the screen.
“Olivia Sinclair,” she said.
“Oliv
ia? This is Fiona Engstrom. Is it convenient for us to meet? I’d very much like to speak to you. Are you at your office? I’ll come to you, if you’d like.”
“Sure. I can meet you at my office in about ten minutes, if that’s convenient for you?”
“Not a problem,” Fiona said. “See you then.”
***
Olivia recalled her mother, God rest her soul, used to say that there were times when Fiona Engstrom looked exactly like Queen Elizabeth. Although Olivia hadn’t thought that at the party, today was a different story. Fiona stood near the office door, dressed in a wool coat, scarf, and brooch, with wisps of gray hair curled around her face. The resemblance to the queen was uncanny.
“Olivia. Thank you for all you’ve done for us, especially for Ebby. My sister’s beside herself with worry, but I know she’d be even worse if it weren’t for you. You’ve been a comfort to her and Ebby, and I appreciate it.”
As Olivia went to unlock the door, she noticed the box on the ground. Despite her age, Fiona picked it up easily, hoisted it onto her hip, and followed Olivia into the office.
“Would you like me to carry that?” Olivia offered.
“No, thank you.”
“Come on back,” Olivia said. “I can make you tea?”
“Oh, no. Not necessary. I’ve a couple things to say, a couple things to give you, and then I’ll be on my way.”
Olivia turned on the lights as she walked down the hall to her office. “I’m in here.” She flipped the thermostat, took a seat at her desk, and waited while Fiona Engstrom put the box on one of the two guest chairs and sat down on the other.”
“Despite what my nephew thinks he remembers, he most certainly did not murder his mother.”
“I agree,” Olivia said. “I think we can all agree that he’s not a killer.”
“Now that he’s been arrested, you’ll need proof of his innocence. I have it in this box.” She patted the lid of the banker’s box. “If you look at the medical examiner’s report from the original investigation, you will see that Ebby couldn’t have physically committed this crime. I’ll let you read the report on your own. When you read it, you’ll see that Ebby wasn’t tall enough to have stabbed his mother in the chest and throat. At the time of the murder, he was only 5'2" tall.”
The Witness Page 10