‘There’s something else you and I need to discuss,’ she said.
Alex frowned. ‘What’s that?’
‘Well, if the judge does grant her a new trial, her attorney will be asking for bail.’
‘Bail? How could she get bail?’ Alex asked.
‘The judge has the right to grant her bail, with very limiting conditions, until the new trial takes place. Or until the DA decides not to refile the charges. This is kind of a long shot. But, there are precedents. We need to consider the possibility.’
‘OK,’ said Alex slowly.
‘Dory would need to have someone to pay the bond. It’s ten per cent on the amount of the set bail, which is returned at the time of trial. I don’t know how much money that would be but, if the judge agrees to it, I don’t think he’ll set an exorbitant amount. He wouldn’t agree to it unless he was pretty well convinced that she was wrongfully imprisoned.’
Alex felt the question in Marisol’s statement. ‘My parents had insurance and some savings. I guess my mother would want me to do that. Yes, I’m sure she would,’ she said.
‘Good,’ said Marisol. ‘That’s one thing settled. Also, in this unlikely event, the judge is going to ask who is willing to accept responsibility and take her in.’
Alex grimaced. ‘Her mother definitely won’t do that.’
‘What about her father?’ said Marisol. ‘Does he feel the same way?’
‘I’m not sure. I mean, I would think if the judge grants a new trial, they might be willing to look at Dory in a different light. Certainly if they drop the charges. That would be a reason for them to consider that she might, indeed, be innocent.’
‘It’s possible,’ said Marisol.
‘Well, we won’t know until it happens,’ said Alex.
‘But our attorney needs to know before he makes the request for bail,’ Marisol said. ‘The judge will want specifics.’
‘I really hope they would agree to take her in,’ said Alex. ‘She is their daughter, after all.’
‘Or there’s you,’ said Marisol.
‘Me?’
‘She’s your sister,’ said Marisol. ‘You’ve got that big old house to yourself. It’s not as if you don’t have room for her.’
Alex looked at her anxiously. It was one thing to try to be supportive of Dory’s cause, to pay a bond. It was another thing to imagine living with her in the house. ‘You probably think I’m terrible,’ she said. ‘Frankly, I feel guilty for hesitating. But I barely know Dory.’
‘I don’t think you’re terrible. Let’s be honest. The woman has been in prison for murder. And now we’ve learned that she had a violent incident in her past. Anybody would be concerned. That’s why I thought I should warn you.’
‘Do I need to answer you right away?’
‘No. But soon.’
‘I want to get to know my sister. I do. But . . . I think I will try to talk to her father. I’m sure, if she had a choice, Dory would rather be with her family. In the home she knows.’
‘Wasn’t there some poem about home being the place where, when you have to go there, they have to take you in?’ Marisol said.
‘Robert Frost.’
‘I always liked that phrase. Anyway, I wouldn’t worry. The chances are slim to none that, even if they agree to a new trial, any judge would grant her bail.’
‘But he might,’ Alex said.
‘Is that what you want?’ Marisol asked.
Alex hesitated. ‘I want her to be able to go home.’
‘Wherever that might be,’ Marisol said.
THIRTEEN
After she left Marisol’s office, Alex drove directly to Jamaica Plain in search of Garth Colson. She knew that Details, the architectural salvage firm which Garth owned, was situated in a large warehouse in that traditionally blue-collar neighborhood bordering the Jamaica Pond. Details served everyone from high-end designers to construction workers and weekend do-it-yourselfers. Alex parked her car down the block and entered the warehouse, picking her way through the historic remnants to reach the spot where Garth was working.
She found him sorting through a collection of brass and crystal doorknobs. He stood at a counter surrounded by piles of wooden window frames, Mexican tiles and an assortment of cement garden statues. Ornate mantelpieces, floating free from any fireplace, leaned against walls. Grecian columns stood alone on the cement floor.
Garth looked up when she called his name, and his expression darkened.
‘Mr Colson, can I talk to you?’
‘I suppose so.’ He pointed to a free-standing oak church pew. ‘Have a seat,’ he said.
Alex nodded her thanks and sat down on the curved wooden bench. It was chilly in the high-ceilinged warehouse, and Garth was dressed for it. He wore a dusty parka, jeans and boots. His half-glasses hung on a chain around his neck.
Alex made no attempt to disguise the reason for her visit. ‘Dory is having her hearing on Friday. To decide if she gets a new trial,’ she said.
‘I didn’t know it was going to happen so soon,’ he replied without enthusiasm. ‘Of course, we’re not really in touch.’
‘That’s why I came here to see you. The fact is, if the appeal is successful, and Dory is granted a new trial, the attorney is going to ask for bail.’
‘Bail? She’s not going to get bail,’ Garth scoffed.
‘It’s unlikely, but not out of the question.’
‘Hmmph,’ Garth murmured. He frowned and resumed his search through the doorknobs without comment.
Alex hesitated in the face of his silence. ‘If that happens,’ she said, ‘the judge will need to know that Dory has somewhere to go and someone who can take responsibility for her. I was hoping that you and Elaine might be willing to do that.’
Garth shook his head. ‘That’s not going to happen. My wife doesn’t even speak to Dory if she calls. She’s not going to let her back in the house.’
‘You could ask her,’ Alex pleaded.
‘I don’t need to ask her. This is not something she’s about to forgive and forget. Look, you have no idea what you’re asking.’
‘But if the court decides that Dory didn’t have justice, and that she deserves a new trial, I would expect that her family would at least support her.’
Garth shook his head, and seemed to be weighing a crystal doorknob in his hand. ‘Doesn’t matter what the court says. Some things can’t be denied.’
‘Like what,’ said Alex angrily.
Garth sighed. ‘It’s not just what happened to Lauren. Obviously none of us will ever get over that. Or even that incident in school. There’s a whole history there. You know, Elaine and I tried for years to have a baby with no luck. Then the adoption was another long procedure. We were just waiting to take Dory home with us when Elaine realized that she was pregnant.’
‘So you were doubly blessed,’ said Alex.
Garth frowned. ‘People always say things like that. But it’s not that simple. As they grew up, the two of them never got along. Dory was always the aggressor. She would pull Lauren’s hair, or knock her over. It was like she wanted to . . . eliminate Lauren from day one. Of course, Lauren wasn’t much more than preschool age when we realized that she had this beautiful voice and this . . . knack for performing. Elaine has a beautiful voice too, you know. But no one had ever really encouraged her as a child. So Elaine devoted herself to being sure that Lauren had every chance for success. She had to home school Lauren so that she could take her to all her lessons and auditions. It was the only practical thing to do, but Dory always took it personally.’
‘But she must have felt like Lauren was your favorite child. Could you blame her for being jealous?’ Alex asked.
‘I didn’t blame her. I just didn’t realize how vicious it had become. Since she moved to Branson for her career, Lauren was hardly ever home. On those brief visits all we wanted was for those two to get along. But that never happened. You know, when Dory started dating that doctor . . .’
‘Rick Howland,’ said
Alex.
‘That’s right,’ said Garth. ‘Rick. She finally seemed happy. Everything was Rick. We were kind of hopeful about it. We thought she might be calming down. Might even get married and move out of the house. But no. In the end, it became about Lauren.’ Garth shook his head. ‘That was our mistake. Thinking her jealousy was under control. If it hadn’t been the dog-loving podiatrist, it would have been something else.’
Alex began to shiver. ‘Maybe this guy, Rick Howland, and Lauren were involved. Some men are born cheaters. It’s his word against Dory’s? Why do you choose to believe him?’
Garth’s gaze was implacable. ‘Why? Because I knew my daughter.’
Even though she was still wearing her coat, Alex was trying to keep her teeth from chattering. ‘Lauren, you mean?’ she said acidly. ‘Lauren, who could do no wrong?’
‘No,’ said Garth sadly. ‘Lauren, who was gay.’
Alex stared at him.
Garth smiled at her with bitter satisfaction. ‘That’s right. There was no way that Lauren was trying to steal Dory’s boyfriend. She only liked girls.’
‘I don’t understand. Didn’t Dory know that?’ Alex asked, incredulous.
‘No one knew. Especially not Dory. We had to keep it from her. She would have used that information against her sister. Lauren was making a mark in country music. Believe me, I grew up out west. I know. There is no room for gay people in the country and western world. None whatsoever. Do you remember what happened to that pretty thing, a country singer, when she came out a few years back? Her career was over. Dried up overnight. I think it’s wrong, but it’s a reality. Lauren had worked too hard to have her dream.’
Garth’s phone buzzed and he pulled it out and looked at it. He frowned. ‘I better take this. It’s Elaine.’
He got up, walked away from the desk and spoke into the phone. Alex could hear the murmur of his voice and see anguish on his face. Finally Garth folded up the phone and stuffed it into a pocket inside his parka. He looked at Alex, unsmiling. ‘She was calling me from work,’ he said. ‘She’s fit to be tied. She just got back to the school. She had to go home because the police came to take some old coat of Dory’s.’
‘I know about that,’ said Alex.
‘I thought you might. You better just go, Miss Woods. And keep on going if you know what’s good for you.’
‘Come to the hearing, Mr Colson,’ she pleaded. ‘You might find out that you have not been entirely fair to Dory.’
‘Oh, I’ll be there,’ he said wearily. ‘You can be sure of that.’
Alex hesitated, then got up from the church pew. She realized that she was not going to get anything more from the Colsons. She also realized, as she picked her way back through the salvaged embellishments, that Dory’s only hope for getting out on bail now rested entirely with her.
FOURTEEN
‘All rise,’ said the bailiff. Everyone stood up and watched as the judge left the courtroom by the door behind the bench. He was returning to his chambers to deliberate, his black robe billowing out behind him.
An excited murmur went up in the courtroom. Alex leaned over the railing and tapped Marisol on the shoulder. ‘What do you think?’ she asked.
Marisol smiled and gave her a thumbs up. ‘I think it went well.’
‘I thought so, too,’ said Alex. In a two-hour hearing, Harold Gathman, the attorney from the Justice Initiative, had presented the brief convincingly, and the new-found receipt provided a dramatic moment. Gathman’s explanation of the new timeline, which seemed to put Dory outside of the house when the crime occurred, had drawn a gasp from the assembled spectators.
The prosecutor from the district attorney’s office, which had been inundated with such cases as a result of this public defender’s ineptness, argued, somewhat dispiritedly, that Dory had entered the guilty plea voluntarily and should continue to be held accountable for the crime.
Alex glanced over at Dory, who was seated on the other side of Gathman. She had a distracted look in her eyes. Manacled and dressed in a dark-blue prison jumpsuit, she was staring ahead, seemingly lost in her own thoughts, and oblivious to all that was going on around her. Alex slid down the row of seats until she was behind Dory. She tapped her sister gently on the upper arm.
Dory started and looked around.
‘Marisol thinks it went pretty well,’ Alex said.
Dory gazed at her. ‘Does she?’
‘Yes, definitely. I think he’s going to rule in your favor. You’re going to get that new trial.’
Dory nodded. ‘Did you notice? My parents are here. Do you think I will get a chance to talk to them?’
Alex had seen Dory’s parents though she preferred not to look at them again. For one thing, they were seated across the center aisle, behind the district attorney’s table. Elaine was wearing a large, laminated, circular button on her blouse which bore a photo of Lauren Colson.
‘Yes, I noticed they were here,’ she said.
‘My mother looks good,’ Dory said.
‘I guess so,’ said Alex carefully.
‘Chris and Joy are here too,’ said Dory, nodding toward the family sitting behind her parents. ‘And Therese. They live upstairs from us. Suddenly all these people are rooting for me.’ She smiled. ‘A couple of my pet-sitting customers came. One of my high school teachers is here.’
Alex looked back at the courtroom full of strangers. Chris Ennis sat, arms folded over his chest and long legs extended beneath the seat in front of him. Therese, looking fragile, sat between her father and her mother, her posture upright, her eyes wary, as if she were a little bit intimidated by the courtroom. Joy had her arm draped protectively over the back of Therese’s chair. Alex had seen them come in quietly during Gathman’s presentation of the brief. ‘Amazing,’ she agreed. She doubted they were here in support of Dory, but Dory seemed so genuinely surprised. Alex didn’t want to spoil the moment for her.
‘Alex!’ Marisol hissed.
‘What?’ Alex asked, moving back to her seat.
‘Did you see the button Dory’s mother is wearing?’ Marisol asked indignantly. ‘What’s wrong with that woman? It’s lucky there’s no jury here to see that. It’s as if she is trying to sabotage us.’
‘I know. I saw it,’ said Alex. ‘And she’s sitting behind the prosecution table. But Dory is convinced that she came here to support her today.’
Marisol shook her head. ‘Talk about a blind spot.’
‘A lot of people showed up. That’s for sure,’ said Alex. She swept the courtroom with her gaze, and then her heart jumped as she recognized the familiar features of a dark-haired man at the back. He nodded at her.
‘Who’s that?’ Marisol asked, following her gaze. ‘He’s a hunk.’
‘Seth Paige. He’s a neighbor. Frankly, I’m surprised to see him here. I guess he’s curious about this dysfunctional family.’ But secretly, she was flattered that Seth had taken the time to come. ‘How long do you think we will have to wait?’ she whispered over the rail to Marisol.
‘Well, I can’t say for sure, but if he thought it was going to take all afternoon, he probably would have dismissed us. As it is, I think he’s going to rule pretty quickly. Let’s hope so.’
‘Right,’ said Alex. Dory glanced down in her direction, and Alex gave her a thumbs up. Dory nodded gravely.
‘Here he comes,’ Marisol whispered. ‘That was quick.’
Sure enough, the door beside the bank of flags opened and the judge strode in, glancing at no one and resuming his seat on the bench. A hush fell over the courtroom. Judge Nardone cleared his throat and looked out over the assembled spectators through his black-rimmed glasses. ‘I’m ready to rule on this case,’ he began. ‘There are times when it is in the best interests of a defendant to enter a guilty plea and avoid the risk of a jury trial. When a defendant pleads guilty, it is presumed that such plea agreement has been entered into with the sober advice of counsel, and it represents an informed decision on the part of the defendant r
eflecting their best interests. In this case the defendant was urged to accept a plea agreement, even though her attorney, who is now disbarred, made no attempt to represent her interests, conducted no investigation, and then assured her that he had. Defendants have a right to expect that their attorney will provide counsel. That is their right under the constitution. In this case, the defendant was deprived of that right.
‘The defendant is also entitled to a trial by a jury of her peers. If the defendant’s attorney had indeed been advocating on her behalf, he might have located this receipt, which was presented as evidence by Mr Gathman today, and used it in a jury trial to provide an alibi for his client. We will never know what the result might have been in such a trial, but it is fair to assume that, with this receipt entered into evidence, the defendant could reasonably have been found not guilty.
‘Thus, it is the decision of this court,’ he said, ‘that the defendant received ineffective assistance of counsel which influenced her decision to plead guilty. Her conviction and sentence are hereby set aside and this case is remanded to the fifth circuit court where it originated. The district attorney in that jurisdiction will have two weeks to decide whether or not to refile charges.’
Whoops and cries erupted in the courtroom, and the judge banged his gavel on the bench. Alex, who had been holding her breath, felt as if she had been struck by an electric shock. Marisol turned in her chair and they grasped hands for a moment. Then Alex looked at Dory. Her eyes were wide. She was staring at the judge as if she wasn’t sure she had heard correctly.
‘Order,’ the judge said sternly, banging the gavel again. ‘We’re not finished here. A motion for bail has been filed pending the outcome of the appeal. Mr Gathman?’
Gathman rose to his feet. ‘Thank you, Your Honor. In light of this new evidence, and the fact that it might well have led to an acquittal had there been a trial, it is our contention that the defendant should be freed on bond while she awaits the district attorney’s decision and, if necessary, her new trial.’
The judge’s face betrayed no emotion. ‘This court is inclined to agree with you. If bail is granted, where would the defendant reside?’
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