by Harmon, AJ
Mark was a shrewd businessman. He and his older brother Matt made excellent partners in their real estate investment company. Mark was able to secure the best buildings in the best locations and negotiate the lowest prices, and Matt had the vision to turn them into something almost magical and extremely profitable. They had built an empire together, one they were both extremely proud of.
Mark was an excellent son. He was devoted to his parents and never wanted to cause them grief or pain. He had rebelled just a little in his later teenage years, but it was short-lived and never involved police intervention. He looked up to his father, Peter, as the man he should strive to be. His mother adored all her boys and had sacrificed all for them. She had almost died giving birth to Mark and the doctors had told her she shouldn’t have more children, but she had delivered five more boys after him. She loved them all unconditionally. And even though it was difficult for her when Andrew told her he was gay, her love for him never wavered and neither did her support. Mark tried hard to live up to his parents expectations of him as both a son and as a man.
Mark was an excellent athlete. He excelled in every sport he played in high school and received a full-ride scholarship to play basketball at the University of Connecticut. He set records for the most assists and three pointers his junior year and then broke his own records his senior year. Since then, he had graduated to extreme sports like sky-diving, rock climbing and snowboarding mountains, jumping from a helicopter. He loved the thrill and he loved the rush of adrenaline.
But when it came to women, Mark did not excel at all, but only because he really didn’t try. He didn’t have a lot of time and he didn’t have any patience to ‘woo’ anyone. Oh, there had been women over the years, but no one that captured his attention or make him rethink his priorities. But ever since Matt had met Janie, he had begun to have stray thoughts creep into his head, without warning, about the possibility of wanting what his brother had. Matt had never been so happy and content as he was now, married to Janie, and as Mark was nearing his fortieth birthday, he wondered if maybe he should at least think about finding someone special to settle down with. He really didn’t want to be alone forever. He never saw himself as a father, but if he was honest with himself, he would like to have a partner, an equal, to be with.
So when Mark would find himself staring at nothing and thinking about Katy, it unnerved him just a bit. They had met under the most difficult of circumstances and it really wasn’t an ideal way to begin a relationship, although he had come to care about her a great deal and think of her as a close friend. So he had to keep reminding himself that that’s all they could ever be; just good friends. But who was he kidding? He was in love with her and wanted to be more than just friends.
Mark looked in the mirror of the hotel bathroom and tied his tie. His brother, Matt, not only looked great in a suit and tie, it was his preferred wardrobe choice. Mark, on the other hand, was much more comfortable in a pair of old jeans and a UConn sweatshirt, or a polo shirt if he was required to dress up. But today was day one of the trial to put the asshole, Danny Salvo, in prison, for hopefully a very long time. He would have to testify, but probably not until tomorrow. Today would be Katy and Janie’s turn to take the stand and tell the jury what a sick bastard he was. Today, he would be there to support Katy.
He met Matt and Janie in the hotel lobby and they waited on the sidewalk for their cab. Katy would meet them at the courthouse. The taxi pulled up and they all slid in, out of the rain, and headed the few blocks downtown. Matt was trying to calm his wife.
“You’ve been over it a hundred times. All you need to do is answer the questions truthfully. Just tell the jury what happened.”
Janie nodded and chewed on the inside of her cheek. Matt pulled her closer and kissed her temple. Mark looked away. He watched the pedestrians trying to stay dry in the Portland winter. The rain was coming in sideways and he wasn’t sure the umbrellas were helping at all. It didn’t take very long for the cab to pull up in front of the big building and they all scrambled out and ran for cover. Once inside, they made their way to the elevator.
“I’ll wait down here for Katy,” Mark said.
“What if she’s already here?” Janie asked.
“Text me if she’s already up there.”
Matt and Janie stepped into the elevator and the doors closed behind them. Mark walked back towards the front doors and waited. He wasn’t sure what he was feeling, but he couldn’t stand still and so he paced back and forth, watching for the woman who had invaded his dreams and his heart.
10.
Janie’s mouth dropped open and Matt’s fists clenched at his side.
“This is SO wrong,” he said, his anger controlled but obvious.
Sarah sighed, unable to say anything that would help them feel better.
“Why don’t we wait for Katy in here,” she said and led them into a meeting room.
Matt pulled the chair out for Janie and she sat, still in shock over the news Sarah had just delivered.
“I don’t understand why you would agree to this,” Janie said to Sarah.
Matt held his wife’s hand and wished he could do something to help her accept the decision. He knew, however, that there was absolutely nothing they could do to change it. It was completely out of their hands.
*****
Mark continued to pace in the lobby. Court was supposed to start in just a few minutes. Finally he saw her running up the steps and through the glass door.
“I bet that fucker took my umbrella too. I couldn’t find it anywhere!” Katy tried to brush the water off her.
Mark helped her out of her coat. He led her to the elevator and pushed the up arrow. The doors opened quickly and they stepped inside.
“You ready?” he asked.
Katy frowned. “No. I’m not sure I will ever be ready.”
Mark took her hand and squeezed it. “I’m here for whatever you need.”
Katy smiled.
They stepped out of the elevator and one of the many paralegals Katy had talked to over the past few months greeted them and showed them to the meeting room. As she led them inside, Matt and Janie were already there looking grim.
“What’s wrong?” she asked. “Well, despite the obvious.”
“Katy, why don’t you have a seat and I will fill you in,” Sarah said.
Mark pulled out a chair for Katy and she sat, uncertain of what was going on. Mark took her hand again and they both looked at Sarah.
“It’s always a gamble taking a case before a jury. Even when the case is as tight as this one and as well-prepared as we all are. You just can’t determine the result. So in order to ensure an acceptable outcome, we have agreed to a plea and assuming the judge accepts it, there will be no trial.”
“And what is the plea?” Katy asked Sarah, but looked at Mark, eyes wide.
“He will plead guilty to two counts of kidnapping, one for each of you,” Sarah said, looking at Katy and then Janie. “And two counts of assault, and one count of sexual assault.”
“And the attempted rape charge?” Katy asked.
“Dropped,” said Sarah.
“And the torture and inhumane treatment charge?” Katy asked again.
“Dropped,” Sarah replied.
“And the breaking and entering charge and the burglary charge?” Mark asked this time.
“Dropped,” said Sarah. “Look, you’ve got to understand that he is still going to prison. For a long time. With his arrest in 2005 and the subsequent restraining order granted against him by a former girlfriend, the judge will see a pattern, and we are asking for fifteen years and I see no reason why that won’t be enforced.”
Mark smashed his fist into the table and they all jumped.
“This is shit! After everything she went through, they went through, you just drop charges?” Mark was obviously livid.
Katy just sat there looking at Mark, appearing to be in shock.
“Mark, I understand…”
> “Fuck you!” he yelled. “You weren’t there. You don’t know!”
Katy grabbed at Mark’s arm. “Does this mean I don’t need to testify?” she whispered.
“Yes,” Sarah said. “You don’t need to testify. But I will recommend you giving a statement at the sentencing hearing. I am asking that the judge postpone sentencing until the victims, you two, have had the chance to make a statement.” Once again Sarah looked at Katy and then at Janie.
Janie nodded. “I can do that,” she said as Matt squeezed her hand.
“Katy?” asked Sarah.
“When is it?”
“Probably Thursday.”
“Two days? Then it can all be over?” Katy asked.
“Yes,” replied Sarah. “In two days it can all be over.”
*****
Sarah was in the courtroom with the Public Defender and the defendant, Danny Salvo. He was dressed in the standard issue orange prison garb and his hands and feet were shackled. He only spoke when the judge asked him if he agreed to the plea outlined by Sarah. He nodded and said he did.
“I would ask that Your Honor postpone imposing sentence until the court has had an opportunity to hear statements from the two victims, Katy Miles and Janie Lathem. I think that under the circumstances they have the right to address the court.”
“Do you have any objection?” The Honorable Judge Maria Glazer asked the Public Defender.
“No, Your Honor.”
“Very well,” Judge Glazer said. “We will reconvene here at 11:00am on Thursday.” She banged the gavel and left the courtroom.
Sarah heard Danny mutter something under his breath and the only word she recognized was ‘bitch’. She wasn’t sure if he was referring to her or to Katy. Either way he was going to prison for a long time and he could call them all the names in the book and it wouldn’t make a difference.
She sat in the empty court room, alone with her thoughts. Mark was wrong. He didn’t know anything about her. She did know what it was like. She did know what Katy was going through. That’s why she had left her lucrative private practice and joined the District Attorney’s office. She understood that in the long run, this was a win, and somehow she had to get Katy and Janie to understand that.
*****
Janie asked to have a minute alone with Katy so Mark and Matt went to find some coffee. Janie moved closer to Katy and held her hands.
“Tell me what you’re feeling,” she asked.
Katy shrugged, not sure she could put anything into words. She sat for a minute and then took a deep breath.
“Would it be bad if I said I was a little relieved?” she looked up at Janie.
“Nothing is bad. What you feel is what you feel and you don’t need to apologize or make excuses. Why are you relieved?”
“Because I really don’t want to have some… some… some Public Defender try to convince a jury that what happened to me was somehow my fault. I don’t want a jury to look at me and wonder what I must have done to deserve it, or ask for it. And I don’t want to have to look at him and point him out to the jury as the man who I couldn’t defend myself against.”
“Oh Katy,” Janie said, her heart breaking. “Nobody thinks that this is your fault or that you deserved it. Nobody!”
“But everyone thinks of me differently now. It may not have been my fault to the people that know me, but they all treat me with kid gloves, like I might break or snap at any moment. I just want to be me, the old me, the way it was.”
Janie really didn’t know what to say so she just hugged her friend tightly.
Sarah opened the door and stepped inside.
“Oh, I’m sorry,” she said.
The two women let go of each other and each wiped their eyes.
“It’s fine,” said Katy. “What happened?”
“The judge has accepted the plea and will impose sentencing on Thursday, just like I thought. I have asked the court to hear your prepared statements. Both of you. It will help to influence the sentence.”
“I’m with Katy on this. Whatever she wants to do I’m with her. Katy? What do you think?” Janie said.
Katy looked at Sarah. “And what does a statement mean? What do I have to do?”
“Well,” Sarah began, “you just tell the judge how you feel. You can write it down and read it, or you can just speak from the heart. There is no specific way you have to do it.”
“And do I have to look at him?” Katy questioned Sarah.
“No. You’ll just stand and talk to the judge. No sitting on the witness stand or swearing in. Just tell her what you want to. It can be three sentences or it can be three pages. It’s all up to you.”
Katy looked at Janie and nodded her head. “We can do this,” she said.
“Okay,” Janie said.
*****
Mark and Matt stood in the hall outside the meeting room. They could see Katy and Janie talking and Mark was still seething.
“There’s nothing you can do,” Matt said.
“I know,” Mark spat. “That’s what makes it even worse.”
He paced up and down as Sarah stepped off the elevator and walked towards him.
Mark spoke first.
“I apologize for before. I was angry and should have controlled my temper. It was uncalled for. I’m sorry.”
Sarah smiled and touched his arm. “Apology accepted. I understand. And I get that it this is hard for you. But you have to believe that my goal, my only goal, is to make sure that justice gets served; justice for Katy and justice for Janie. I have to do what will get the best result for them. And I truly believe that this is the best that we can do. If it wasn’t, I would never agree to it.”
Mark nodded and stepped back. Sarah walked past the men and entered the meeting room. Matt sat on the chair and took a sip of his coffee while Mark continued to pace.
“Mark, sit! You’re making me crazy!”
“I can’t stand to see her like this. Sometimes I see these glimpses of what she must have been like before and then she just closes up and the wall comes back and…”
“You should tell her how you feel. You should give her the opportunity to lean on you a little.”
“So you’re now the expert on relationships? What are we at now? Five months of marriage and you are giving me advice?” Mark grinned.
Matt chuckled. “I remember you giving me advice last year and you’ve NEVER been married, so don’t give me any shit! But seriously, if you hadn’t kicked my ass a couple of times I hate to think what I might have let slip through my fingers. I see the way you look at her.”
Mark sighed. “She’s said a hundred times she isn’t looking for anything or anyone. She doesn’t want any kind of relationship. Although, she went on a date on Friday!”
“What? With who?”
“No idea.”
“Well if she’s dating why wouldn’t she date you?” Matt asked.
Mark shrugged. The door opened and Katy and Janie came out.
“Ready to go?” Janie asked.
Matt stood and took his wife’s hand. Mark looked at Katy and smiled. Maybe when this is over I could ask her on a date.
*****
Matt and Janie took the opportunity to go and see her sons at college. It would be a quick day trip and they had to work around the boys’ class schedule, but Janie was thrilled to get to spend some more time with them.
Mark sat in his hotel room and worked on his laptop. There was an office building in Atlanta that MEL Holdings was going to purchase and Mark was doing his due diligence before working up the proposal. This kind of acquisition took hours and hours to prepare for before ever putting anything in writing in front of the seller. And then there were hours and hours of work negotiating the sale and seeing it through. He was only at the very beginning stages of the project so an extra day to work on it was greatly appreciated. The only trouble was everything he needed from Jill, his secretary, wasn’t ready or not accessible. She didn’t think he would need any of
it until he returned to the office next week.
Mark closed his laptop in frustration. He was just spinning his wheels. He may as well find something else to do. He was rethinking his decision not to go with Matt and Janie, although that trip didn’t seem overly exciting to him, but at least he would have been out of the hotel.
He walked to the window and saw blue sky and sunshine. He was happy to see the dark clouds and rain gone. He was quite sure he could never live in Portland because he couldn’t see himself getting used to the depressing winters in the Pacific Northwest, although Janie had assured him it wasn’t like this all the time.
His cell phone interrupted his thoughts and the Caller I.D. said it was Katy. He smiled as he answered.
“Hi. What’s up?”
“Hey. I wanna go to the beach.”
Mark tilted his head slightly and grinned. “Ok.”
“Would you like to go with me?” she asked.
“When?”
“Now. Just for the day”
Mark chuckled. “Now?”
“That’s what I said.”
Mark scratched his nose.
“You’re not answering me,” Katy said, irritation in her voice.
“Ok. Let’s go to the beach.”
“Great. Are you gonna pick me up?”
Mark laughed. “I’ll be there in thirty minutes.”
“Make it twenty.”
He smiled as he ended the call. This is much better than working!
11.
Katy ran out of the house as soon as Mark pulled his rental car into her driveway. He didn’t even have time to put the car in park and get out and open the door for her. She was in and buckling the seatbelt in an instant.
“Thank you!” she beamed.
“You’re welcome,” Mark replied. “The beach in January, huh?” he grinned.
“The beach anytime of the year!”
“Anywhere specific?” he asked.
“Cannon Beach please,” she smiled eagerly.
Mark entered the information into the GPS and then slowly backed out of the driveway. He navigated his way onto the freeway heading north on the I-5.
“According to this we’ll be there in about ninety minutes. So lunch when we get there?” Mark asked, his stomach already growling because of his lack of breakfast.