Beyond A Reasonable Doubt

by Linda S. Prather

  CHAPTER FORTY

  Jenna stepped back and checked her reflection in the bathroom mirror. The extra foundation under her eyes had helped, but it still didn’t totally hide the deep purple circles. She’d barely slept at all. She’d noticed the hurt in Harry’s eyes when she’d walked away the night before, feigning exhaustion. He knew—maybe not what—but he knew she was up to something. She smoothed down her skirt and slipped on the new heels she’d purchased the previous day. She was the epitome of professionalism, the perfect image of a woman about to sell her soul to the devil.

  Grabbing her briefcase, she exited the bedroom and walked softly down the stairs. She had an hour to get to court. If she was lucky, she could escape without waking either of them.

  “Good morning, Jenna.”

  Startled, she turned toward the voice and smiled. “Harry, you startled me. I was hoping I wouldn’t wake you or Jake.” She finished descending the stairs, glancing at the empty sleeping bags in the living room. “Where is Jake?”

  “He went outside for a smoke.” Harry uncrossed his arms and stepped into the living room. “We figured we’d go with you to the arraignment, unless there’s some reason you don’t want us there.”

  Jenna set down her briefcase. “Harry, it’s not that I don’t want you there. If things go wrong today, you and Jake could be in danger. I don’t want another death on my conscience.”

  Harry came closer, near enough for her to smell the light scent of cologne on his freshly shaved face. “You’re not a very good liar, Jenna.”

  Jenna looked away, afraid to meet his eyes. “I’m meeting Dade before the arraignment. He offered me a deal.”

  Harry moved closer, his breath warm on her face. “What kind of deal?”

  “He’ll get William to confess if I’ll dismiss the charges against Michael.” She raised her head and gazed into his dark-brown eyes. “Then he’ll help me get the evidence to convict Michael for killing Ben.”

  “And what’s Dade getting out of this?”

  Jenna turned away from him. “I don’t know, and I don’t care. I’ll probably owe him a favor at some point. I get to convict Michael Elkins of Ben’s murder, Harry. On the current charges, I’ll be lucky if he gets six months—if they lock him up at all. He could get life for murdering Ben.”

  Harry grabbed her arms, forcing her to look at him. “Don’t do this, Jenna. You can’t play Dade’s game and win.”

  Wrapping her arms around his neck, she laid her head on his shoulder. “I don’t know what to do, Harry.”

  He held her for a moment, whispering in her ear. “You know what to do. Go in there and demand what you need on your terms. Take back your power.”

  Jenna broke the embrace but didn’t pull away from him. Why did he always make her feel as if she could do anything? Taking a deep breath, she looked into his eyes and smiled. “All right.”

  Harry hugged her again. “I fixed some cups of coffee to go. Let me get them, and we’ll be on our way.”

  Jenna used the drive to the courthouse to calm her nerves. She was always nervous before a hearing or a trial, but that day was different. She’d have to look at Michael Elkins for the first time since he’d raped her. Her fingers moved on her purse. When she looked up, Jake was staring at her.

  “You want to hand over the gun, Jenna?”

  She reached into her purse, pulled it out, and passed it to him. “How did you know?”

  He grinned at her. “Because it’s what I would do.”

  Harry pulled into the courthouse parking lot, parked, and cut the engine. “Where are you meeting Dade?”

  “The law library. It’s on the second floor right outside the courtrooms.”

  Harry climbed out and opened her door. “Let’s go.”

  Jenna led the way as the three passed through security and climbed the steps to the second floor. Her heels clicked down the hall. “The arraignment is set for ten, but the judge may want to talk to us before he starts.”

  Marcus Dade was standing in front of the library door. “Good morning, Miss James.” His gaze flicked over Harry and Jake. “Mr. Savior, Mr. Redmond.”

  “You said you wanted to talk before the arraignment.” Jenna walked forward, hands clutched around the briefcase. “Let’s talk.”

  Marcus once again gazed toward Harry and Jake. “I would prefer to talk alone.”

  Harry stepped forward, but Jenna raised her hand and shook her head. “I’ve got this, Harry.”

  She walked into the library ahead of Marcus and sat down at the table. He followed, closing the door behind him. Pulling out a chair, he sat down next to her. “Have you considered my offer?”

  “Yes, I have. And I have a counteroffer for you.”

  Marcus smiled at her, his dark eyes piercing. “Do tell.”

  “I’ll accept your offer to dismiss the claims against Michael once Judge Elkins has confessed, but I want more than just the gun.” Her chin jutted slightly upward as she met his gaze. “I know you well enough to know there’s more than that. I want enough evidence to ensure Michael Elkins is convicted of murdering Ben Andrews.”

  Marcus chuckled, the sound seeming to echo in the room. “I like you, Jenna. You’re cute, you’re smart, and you’re a damn good lawyer. On top of that, you know how to drive a hard bargain. I’ll get you the gun and photos of Michael’s car parked in the alley. I also have video of the murder. You’ll have everything you need to make sure he’s found guilty.”

  Jenna pulled out the small tape recorder she’d turned on before entering the room. “Fail to deliver, Dade, and I’ll turn this over to the right people, the ones that don’t wait for a trial.”

  Dade chuckled again. “I’ll go get Michael, so we can tell him we have a deal. He’s going to have to hear it from you to believe it.”

  Jenna waited until she heard his footsteps receding, stepped out of the library, and handed the tape recorder to Harry. “We need to make several copies of that and store them in safe places.”

  Harry slipped the recorder into his pocket. “Good girl.”

  Jenna swallowed and glanced down the hall. “He’s gone to get Michael.”

  Jake headed for the library. “It’s customary for the arresting officers to sit in on any deal.”

  Jenna glanced at Harry. “I’d forgotten, but actually it is.” Linking her arm through his, she walked in with him and sat back down at the head of the table.

  Harry stood behind her. He bent and whispered in her ear, “This way, if he looks at you, he also has to look at me.”

  Jenna laughed softly just as the door opened and Marcus walked in with Michael.

  She took charge, addressing them both. “Mr. Dade, Mr. Savior and Mr. Redmond were the arresting officers. They’d like to sit in, and I believe that’s allowed when discussions of any deals are on the table.”

  “No objection, Counselor.” He pulled out the seat next to his and pushed Michael toward it. “Have a seat, Mr. Elkins.”

  Jenna opened her briefcase and pulled out a document. “Per our conversation, we’ve reached an agreement that, should Mr. Michael Elkins convince Mr. William Elkins to confess to the murder of Olivia Elkins, the charges of conspiracy, tampering with evidence, and transporting a dead body across state lines will be dismissed. Should Mr. William Elkins not confess to the murder of Olivia Elkins, the charges against Mr. Michael Elkins will be prosecuted to the full extent of the law. Is that your understanding, Counselor?”

  Dade took the sheet she passed to him and read it quickly. “I believe that’s the deal, Counselor. Mr. Elkins?”

  Michael glared at the document. “I want that son of a bitch prosecuted for hitting me.”

  Dade passed the paper and a pen to Michael then placed an arm around his shoulders, his hand moving to his neck and squeezing hard. “Mr. Elkins apparently doesn’t understand the terms of the agreement. Would you like to rephrase that, Mr. Elkins?”

  Michael squirmed under the hold before picking up the pen and signing the
document. “It’s agreeable.”

  Marcus smiled and released his hold. He took the document from Michael’s hand and signed it before passing it back to Jenna for her signature. “I assume you’ll have a copy for me, Counselor?”

  Jenna signed her name and placed the document back inside her briefcase. “Just as soon as we’re finished with the arraignment.”

  Marcus stood up and pulled Michael up with him. “Good. I’m glad that’s settled. Gentlemen, I’d like one final word with Miss James. Would you mind escorting Mr. Elkins back to the holding area?”

  Jake and Harry moved around the table, each taking one arm of Michael Elkins. “We’d be glad to.”

  Jenna closed her briefcase and stood up. “I think we’re finished, Dade. At least for the moment.”

  “I hope you have your argument ready. I’m going to argue hard against you in there—not hard enough to get the charges thrown out, but hard enough to convince Elkins I tried. Now, I need something from you.”

  Jenna stared into his eyes. She’d been waiting for that moment, dreading it. “What?”

  “Well, as you know, my clients are almost destitute at the moment. When I ask for bail, I’d like to have them released on their on recognizance. I expect you to argue against it and then agree. I need them released if we’re going to have any chance of convincing William he needs to confess.”

  Jenna picked up her briefcase. “All right. But that makes us even, Dade. There won’t be any more favors or deals.”

  Dade waved his hand toward the door. “After you, Counselor.”

  Jenna glanced at the courtroom, surprised to find it empty. With an arraignment that high profile, she’d expected tons of news media.

  Harry leaned in and whispered, “Judge ordered the courtroom cleared. The press is lining up outside like vultures. We’ll have to find a way to sneak you out unless you want to talk to them.”

  “Let’s see how it goes first. I lose, we sneak out.”

  Sitting down at the prosecutor’s table, she opened her briefcase just as Marcus strolled in with his clients beside him. Michael leered at her until his gaze fell on Harry. Then he quickly averted his eyes.

  “Why don’t you and Jake take a seat behind me,” she suggested. “Maybe the judge will let you stay.”

  Harry squeezed her shoulder. “Give them hell, Counselor.”

  “All rise. The Honorable Judge White presiding.”

  Jenna stood, her eyes straight forward. Judge White entered the room from chambers, took his place behind the bench, and opened the file in front of him. “The court calls the case of State of Texas versus William Elkins and Michael Elkins. I see the defendants are here and represented by counsel. Miss James is here representing the state. Mr. Dade, I assume you have advised your clients of the charges against them and their constitutional rights?”

  Marcus stood up. “I have, Your Honor.”

  “Are there any preliminary matters, or would you like to go ahead and enter a plea?”

  Dade picked up his paperwork. “Your Honor, if counsel may approach the bench, please?”

  Judge White nodded. “Proceed.”

  Jenna picked up her paperwork and followed Marcus to the bench.

  “Your Honor, Miss James has brought serious charges against a former member of this very bench, charges that have no supporting evidence. I’d ask that the court dismiss the charges.”

  “Miss James, would you respond please?”

  Jenna stood up straight, longing for her Manolo Blahnik heels. “Your Honor, the evidence is circumstantial at this point, but unfortunately the witnesses that could corroborate the evidence are being killed or dying quickly. We moved on this case quicker than we would under normal circumstances to preserve both the evidence and the lives of the remaining witnesses.” She pulled out the first news article. “Mr. Harwood Burns, Your Honor, was the undertaker for Mrs. Elkins and cremated the body. We believe he had information, including pictures of the condition of the body. He was murdered.”

  “Your Honor,” Dade interrupted her. “Mr. Burns was having an affair. He was murdered along with his mistress. There’s no evidence his murder had anything to do with Mr. Elkins or his son.”

  Jenna let him finish before pulling out the second news article. “Your Honor, Mr. Peter Knowles was the pilot who flew the body from Kentucky to Texas last Monday or early Tuesday. He also was killed when his plane crashed in Montana. I’ve spoken with the FAA, and there’s suspicion of tampering with the engines, and his death is being investigated as a murder.”

  Judge White removed his glasses and rubbed his eyes. “Are there more witnesses you’re concerned about, Miss James?”

  “Yes, sir, there are.” Jenna pulled out her list. “We have, of course, myself; Jordan Elkins; two police officers, Harry Redmond and Jake Savior; the coroner, Luke Smith; five employees on the Kentucky farm, Janet Salvero, Mindy Calavera, Jose Calavera, James Mendosa, and his wife, Carmella Mendosa. We also have the Elkinses’ personal maid, Maria Sanchez, as well as a private investigator named Loki Redmond and her brothers, Jules Redmond and Dadron Redmond. All of these people have some personal knowledge relative to this case.”

  Jenna pulled out her last list. “We have a list of places where Mrs. Elkins was treated after being brutalized by her husband, William Elkins. We have a witness whose name I only know as Drago, but he’ll testify that he was hired to kill a doctor who treated Mrs. Elkins and reported her injuries to the police.”

  Judge White pursed his lips and eyed the two over his glasses. “Mr. Dade, as you’re aware, murder can be proven based upon circumstantial evidence. Miss James, I presume you’re aware of the need to prove that beyond a reasonable doubt. Based on the deaths of both Mr. Burns and Mr. Knowles, both potential witnesses in this case, I’m going to allow the charges to stand for the time being. We’ll proceed with a plea and bail discussion.”

  “Thank you, Your Honor.” Jenna returned to her table and sat down.

  “Mr. Dade, how do your clients plead?”

  Marcus walked back to his table but remained standing to address the bench. “Mr. William Elkins pleads not guilty, Your Honor, and Mr. Michael Elkins pleads not guilty, Your Honor.”

  “Thank you, Counsel. Miss James, do you have a recommendation for bail?”

  “Your Honor, I would ask the court to deny bail at this time. I believe the defendants to be a flight risk as well as a danger to the remaining witnesses.”

  “Mr. Dade, would you care to comment?”

  “Yes, Your Honor. My clients have been lifelong residents of the state of Texas. William is a former federal judge. Michael is a well-respected member of our bar. I don’t believe either of them is a flight risk or a danger to the community.”

  “I tend to agree with Mr. Dade, Miss James. I’m going to deny your request and set bail at five hundred thousand dollars for each defendant, cash or property.”

  “Your Honor, due to the unfortunate death of Mr. Elkins’s wife and his inability to locate his son, Jordan, my clients are virtually penniless. I would ask the court to reconsider their long-standing service to the legal community and allow them to be released on their own recognizance.”

  “Mr. Dade, we’re discussing murder here. Request denied. Five hundred thousand dollars each, cash or property. I’ll expect briefs on this case in thirty days so we can see where we are at that time.”

  Judge White looked past Dade, addressing both defendants. “I have a list of potential witnesses, gentlemen. Should harm befall any person on that list, I will consider it as circumstantial evidence supporting Miss James’s claims. Is that understood?”

  Jenna felt her lips curve in the slightest smile as Judge Elkins’s face flushed blood red and Michael’s face drained of all color. She liked this judge.

  “I assure you, Your Honor, my clients won’t contact any of these potential witnesses,” Dade said.

  Judge White picked up his gavel and banged twice on the bench. “If there’s nothing f
urther, this court is adjourned.”

  Jenna stayed seated as the Elkinses were led away by the bailiff. Dade stopped by her table, and she glanced up at him and shrugged. “He didn’t give me a chance to argue against or agree. Sorry.”

  “Don’t worry about it, Counselor. I can get it knocked down to ten percent, and Michael’s Ferrari will cover it. I’ll give you a call as soon as we have that confession under wraps.”

  Jenna stood and picked up her briefcase. “I’m not worried, Counselor. The longer they stay in jail, the better I like it.”

  CHAPTER FORTY-ONE

  Jenna let out a long sigh as she joined Harry and Jake outside the courtroom. “I’ve never been so scared in my entire life.”

  Harry placed an arm around her and pulled her close. “You were great. If any of those witnesses dies, even if it’s natural causes, the Elkinses are going to look guilty.”

  “Elkins is old, bitter, and mad as hell right now. That may not stop him. We need to up security everywhere,” Jake said.

  “The press is waiting downstairs. Are you ready?” Harry asked.

  Jenna took a deep breath and smiled at him. “With you by my side, I’m ready for anything.”

  Harry chuckled. “Isn’t that a song?”

  Jenna slipped her arm through his. “It’s the first time I’ve felt like singing. Let’s go face the crowd.”

  Harry hadn’t exaggerated. The bottom floor of the courthouse was filled to capacity with curious onlookers, reporters, and journalists from all the local papers. The arrest of William Elkins had been the major news story that morning, overshadowing David’s death. Sadness filled her. David had been a good man—not perfect, and he’d fallen into Dade’s trap. His death should have been the top story, not some sleazebags like the Elkinses.

  The first question caught her off guard but followed the train of her thoughts. “Miss James, was the death of David Garcia connected to this case?”

  Jenna raised her head proudly, her chin jutted slightly forward as she allowed her gaze to travel through the mob. “David Garcia was a good man. He served the state of Texas for more than fifteen years. His name should not even be mentioned in the same breath as William or Michael Elkins.”