Keep No Secrets

by Julie Compton

  Hilliard were forced, if indeed, they occurred at all."

  Walker tries to argue more, but the judge raises his hand. "I have to agree with Mr. Scanlon. Objection overruled.

  Let's move on." To Janie, "Ms. Cramer, you may answer."

  "Was she a virgin, you mean?" Janie asks Earl before he has the chance to repeat the question. "Oh, no way. She and Michael were always all over each other at parties."

  Jack silently thanks God for the

  sequestering of witnesses. Janie has no idea that the day before, Celeste's father testified his daughter was a virgin.

  As if Janie just realized Jack is in the courtroom, she looks over at the defense table and finishes as if she's talking only to him. "I'm sorry, I don't mean they actually did it in front of us. But it was no secret, ya know?"

  Jack takes a deep breath and keeps doodling on his pad.

  CHAPTER TWENTY-FOUR

  ON FRIDAY MORNING, the rising

  sun shines much too brightly. The early spring air smells much too fresh. Too many daffodils have opened their yellow petals in the bed just below their front porch where Jack sits in a rocking chair, drinking coffee that tastes much too good.

  After the first two days of trial, the reporters moved their morning vigil from Jack's house to the courthouse. Taking advantage of the rare chance to be outside in peace, he came out to read the newspaper before making the drive into the city. Each morning he reads Wolfe’s trial recap and notes what part of each witness' testimony the reporter deemed newsworthy, while Earl reads the daily trial transcript and looks for things they might have overlooked in the moment.

  This morning, however, Jack's mind wanders as he takes in the natural world outside his home.

  He hears the sucking sound of the front door open and then the squeak of the screen door as Claire comes out. He closes his eyes. He doesn't like himself for having the thought, but he resents her intrusion. Her presence only amplifies his sense of being alone in this.

  She sits in the other rocker. "How are you holding up?"

  "I'm fine."

  "I understand Mike and I are the only witnesses left in the state's case except Celeste."

  Jack nods, but keeps his gaze on the yard.

  "How do you feel it's going?"

  He sighs. "Claire, please."

  "No one has to know we talked about it, if that's what you're worried about."

  She really thinks his main concern is that with her as a witness, the two of them shouldn't be talking about the case?

  "No, I'd rather just enjoy the morning."

  "Your son is testifying today, Jack."

  And I'm facing jail time, Claire. "I know that."

  "You're really going to do that to him?

  You're going to put him through that?"

  He finally turns to her. " I'm doing it to him?"

  "You have the power to prevent it.

  You could revoke your consent for him to testify."

  "And if I do that, I look like I'm trying to hide something."

  "You could take the plea offer."

  He stares at her, stunned. They'll never get beyond this. The chasm between them is too wide. He can't even digest that she would ask him to accept a plea offer, to admit to a crime he didn't commit, to willingly step into prison for two years.

  He'd lose his freedom, he'd lose his job, he'd most likely lose his law license. Most of all, he'd lose two years with his sons, and the effect of that particular loss would ripple well beyond the 730 days behind bars. It would last a lifetime.

  He rises, anxious to get away from her.

  "If he doesn't want to take the stand, maybe he needs to tell Celeste. Because I'm innocent, Claire. I’m innocent. You might not know it, but she does."

  He leaves her on the porch and climbs the stairs to Michael's room. When he knocks, Michael yells, "Come in," but his wide, wary eyes reveal surprise when Jack enters the room instead of Claire. Michael wears his boxers and a white dress shirt with the front still unbuttoned, his smooth, bare chest exposed. Jack

  considers telling him he'll be more comfortable with a T-shirt underneath, but decides to let it go.

  "You got a second?" Jack asks.

  Michael nods without meeting Jack's eye. His son sits on his unmade bed as if settling in for a long conversation, but he surreptitiously grabs for his cell phone and flips it over so the screen is face down. Jack pretends he didn't notice.

  "I wondered if you had any questions about today, you know, like what to expect, the procedure, anything?"

  Michael shakes his head. When Jack doesn't continue, Michael says, "Mom already explained it to me."

  Jack wonders just what that

  explanation included. "Okay. Good. Like saying yes instead of yeah, right?" He asks to lighten the mood, but Michael takes it seriously.

  "I will."

  Jack motions to the navy suit hanging on the closet door. "Is that what you're wearing?"

  "Yeah."

  So much for practicing yes.

  "Do you have a tie?"

  "Mom said she'd give me one of yours."

  Jack cracks a smile. "She'll probably do a better job than I would of picking one out."

  The phone vibrates. Michael glances at it.

  "Do you want to answer it?"

  "No, it's just a text."

  Jack knows what he wants to say but he can't figure out how to begin. Michael's discomfort isn't making it easy. He still hasn't looked at Jack. Jack suddenly realizes he's standing over his son like a predator hovers over its prey, so he crosses the room and takes a seat in the desk chair.

  "Mike, look, I know you don't want to do this today, but I want you to

  understand that I gave parental consent for you to testify because if I hadn't, the jury would think I was trying to hide something. Do you understand?"

  Michael nods slightly, his eyes trained on the floor. Jack wants so badly to ask him about the pregnancy test, but Walker will likely ask Michael on the stand if he and Jack talked in advance about his testimony.

  "Can you look at me a second?" Jack asks. Reluctantly, Michael looks up. This is when Jack sees the tears pooling in his eyes. He wonders what has Michael so scared that he can't just let it out.

  "There's only one thing I'll ask of you. I don't care what you say on the stand today, as long as it's the truth. Okay? Say whatever you need to—don't worry about whether it will hurt or help me, or whether it will hurt or help Celeste, or Mom, or whomever—but be honest. The most important thing is to tell the truth.

  Okay?"

  He waits, but Michael doesn't answer.

  The phone vibrates again, and Michael picks it up and holds it on his lap. When Jack doesn’t react to the hint, Michael shrugs and says, "Whatever."

  And if that's the best Michael can do, Jack has no choice but to accept it.

  "Your Honor, I'd like to call Michael Hilliard to the stand."

  After making his announcement,

  Walker glances at Jack. Then all eyes turn to watch the bailiff bring in Michael. All except Jack's. He hears a woman behind him whisper to her seatmate, "He looks just like his father."

  Michael makes his way to the witness stand. As he raises his hand for the oath, he hazards a quick look at Jack, and Jack feels as if his son just offered him an olive branch. Even from the defense table, which is at least twenty feet from the witness stand, he sees Michael's hand tremble.

  To Jack's relief, Walker's direct of Michael is short. He questions Michael about the amount of time that elapsed from when Jack left to take Celeste home, to when he returned. He also questions him briefly about the days following the alleged assault, when Celeste didn't show up at school and he couldn’t reach her.

  Walker's point seems to be that Celeste couldn't face Michael after what Jack had done. Michael's testimony is so innocuous that Jack asks Earl if perhaps they'd be better off without a cross.

  "And call him back as a defense witness?" Earl answers with a qu
estion of his own. "We need him, and I'd rather not make him take the stand twice."

  "But don't you think Walker limited the direct so he can limit your cross?"

  "Probably, but let's see what we get in.

  Walker has been frugal with his

  objections, probably to give us fewer grounds for appeal. He may not even fuss."

  Before Jack argues more, Earl rises and approaches the witness stand.

  "Mike, do you understand that because you're a minor, one of your parents had to give consent for you to testify today?"

  "Yes."

  "And your dad, who has been charged in this case, gave his consent, is that correct?"

  "Yes."

  "Did you want to testify?"

  "No."

  "Why not?"

  Michael's gaze darts around the

  courtroom before he lets it settle briefly on Jack, then Earl.

  "It makes me nervous to be up here in front of all these people, answering questions."

  "Are you nervous because your answers may affect people you love?"

  "Yes."

  "And some of those people are on opposite sides of this case?"

  Michael looks down at his hands. Jack can't see behind the box, but he knows his son is picking at a hangnail.

  "Yes."

  "Well, I know it's hard, but I want you to focus on answering the questions as best, as honestly, as you can, and let the jury decide how those answers affect the outcome of the case, okay?"

  "Okay."

  Jack hides a smile; of course Earl would extract what Jack couldn't.

  "First, let's talk about the night your dad took Celeste home. You were in the family room with her, is that right?"

  "Yes."

  "And your dad heard you from upstairs?"

  "I guess so. I guess he heard us."

  "Were you and Celeste being loud?"

  "I guess. Like I told Mr. Walker, we'd been drinking. I guess we were loud and didn't realize it."

  "Did you look up and all of a sudden your dad was there?"

  "No, we heard him at the top of the stairs. He made some noise."

  "What kind of noise?"

  "He stomped on the steps so we'd know he was up there."

  "Why would he do that, Mike?"

  Walker rises. "Objection, Your Honor.

  I don't think Mr. Hilliard's son can testify to what Mr. Hilliard was thinking."

  "I'll rephrase it, Judge," Earl says. To Michael, he says, "Why do you think your dad wanted you to know he was there?"

  "He asked if we were decent. I think he didn't want to embarrass us, you know?"

  "Could you explain?"

  Michael's face blushes. "I think he guessed we might not have all our clothes on, and he was giving us time to get dressed before coming down."

  "Did you have all your clothes on?"

  "No." He whispers the answer. Earl glances at the court reporter to make sure she got it.

  "Did Celeste have her shirt off?"

  "Yes."

  "Did she have her bra off?"

  Michael hesitates. "Yes."

  "Am I right to assume you and Celeste were engaged in some sort of sexual activity?"

  Michael nods.

  "I'm sorry, son," Judge Simmons says gently, "but you need to state your answer aloud."

  Michaels nods again, this time at the Judge, and then looks back at Earl. "Yes."

  "I know it's hard to talk about this publicly, so I won't ask you for details, but it's important for the jury to know whether you and Celeste were having sexual intercourse."

  "Yes, we were," he whispers.

  "Before that night, did your dad know you and Celeste were sexually active?"

  "No, I don't think so."

  "Then why would he think you wouldn't be dressed?"

  "Because of some things we were saying. I think he overheard us."

  Earl nods—his way, Jack knows, of telling Michael he won't make him give the specifics about that either.

  "Mike, were you aware Celeste thought she might be pregnant?"

  Michael stiffens, sneaks a glance at Jack.

  "No."

  This wasn't the answer Earl expected.

  Michael might be a reluctant witness, but up to now, he was an honest one. Jack can't believe he didn't know Celeste took the pregnancy test.

  "This might be a difficult question for you to have to think about, and I'm sorry I have to ask it." Michael tilts his head warily; his long body sinks lower into the witness chair. "But was there any time that night, before your dad took Celeste home, that you felt like he tried to catch a glimpse of Celeste without her clothes on?"

  "No." He wears a look of pure disgust at the question.

  "Or was sexually attracted to her in any way?"

  "No!"

  "What about any other time before that night?"

  "No! If anything, he seemed nervous around her when he first met her."

  Earl pauses, and Jack sees his mind churning. He didn't expect anything other than a simple No. "May I have a moment to confer with my client, Your Honor?"

  Earl comes near Jack and writes on the legal pad: You care if I bring up JD with him?

  Jack stares at it, not understanding. All he thinks about, seeing the letters JD, are the words "juris doctr" he saw referenced in Celeste’s and Michael's messages. Dodson, Earl writes to clarify. Jack still doesn't answer. His mind is too busy trying to piece together older thoughts with new.

  "Jack?" Earl whispers.

  Jack nods hurriedly and Earl leaves his side to resume his questions.

  "Mike, you said your dad seemed nervous when he first met Celeste?"

  "Yes."

  "Was that because of her resemblance to Jennifer Dodson?"

  "Yeah, I think. I mean, it sort of freaked out both my mom and my dad the first time they saw her. I think she sort of reminded them of a bad time, you know?"

  Earl presses his lips together in sympathy. "Yeah, I do know." He blows out a stream of air. He's not enjoying his job just then. "You explained what happened once your father returned home from dropping off Celeste. Was there anything in his demeanor, or even any physical evidence, that led you to believe he'd had inappropriate contact with Celeste?"

  "No. He was gone a long time, but he said—"

  "Objection. Anything his father said would be hearsay." Walker doesn't bother to look up from his legal pad.

  "Mr. Walker, perhaps we should hear the testimony first," the judge says.

  "I don't want the jury to be prejudiced by what they might hear," Walker argues.

  The judge sighs and turns to Earl. "Mr.

  Scanlon, will you be using the witness'

  testimony to prove the truth of the matter asserted?"

  The question is the judge's way of hinting to Earl that he's ready to overrule the objection as long as Earl gives him a legal reason to do so.

  "No, Your Honor. We want to show Mr. Hilliard's state of mind during the time he spent with Ms. Del Toro, which will be consistent with and support the explanation Mr. Hilliard later gives on the stand for why the trip took so long."

  "I'll allow it, then. Proceed."

  Jack glances at Walker, who's shaking his head at being home-towned.

  Earl asks the court reporter to read back the question and the start of Michael's answer. She pulls the tape from her machine until she sees her marks. In a robotic voice, she says, "Was there anything in his demeanor, or even any physical evidence, that led you to believe he'd had an inappropriate interaction with Celeste?" and then "No. He was gone a long time, but he said—" She drops the tape and her hands quickly return to the keys.

  "Go on," Earl says, prodding Michael gently. "Please finish your answer."

  The truth, Michael. Tell the truth. Don't hold anything back.

  "He said she asked him to give her time to sober up, so her dad wouldn't know she'd been drinking. She was afraid of getting in trouble."

  "Did your father ment
ion that she seemed extremely afraid of her father?"

  "Yes," Michael says.

  "Did he say why he thought that?"

  Michael shrugs. "He just said he thought she was acting afraid. He said she panicked when he told her he planned to talk to her dad. He asked me why she would be so afraid."

  "And what did you tell him?"

  "Just that her dad was strict."

  "In your opinion, is her father strict?"

  "Yeah, really strict."

  "What did your dad say to that?"

  "He thought she was hiding something.

  He thought maybe her dad was hurting her."

  "Did he say how?"

  "No. He asked me if I knew anything."

  "What did you say?"

  Michael lowers his eyes but sneaks a peek at Jack. Jack subtly nods to let him know it's okay.

  "I told him I thought he was crazy."

  "Why did you think he was crazy?"

  "I don't know. He's always suspicious of little things. I guess doing what he does, you know, he sees a lot of kids being abused, and so sometimes he thinks someone is being abused when maybe they're not."

  "Do you think that's the case here?

  That your dad saw something that wasn't there?"

  "I don't know."

  "Mike, do you have any reason whatsoever to suspect that maybe your dad's concerns were warranted in this case? That maybe Celeste has been abused?"

  "Objection." Walker stands and glares at Earl. "Unless Mr. Scanlon has some sort of substantive evidence, these questions call for speculation, which will only prejudice the jury."

  Before Earl argues, the judge calls the attorneys to approach the bench.

  Earl and Jack discussed ahead of time whether Earl should ask Michael if he thought Celeste had been abused. From the beginning, Jack sensed that Michael knows more than he lets on. The instant messages and Celeste's journal confirmed that hunch. But both lawyers agreed that without knowing how Michael will

  answer, the question is risky. It forces Michael to choose between honesty and perjury, if perjury is the only way he can cover for Celeste. Jack doesn't like doing it this way, but he believes, if pressed, his son will tell the truth. He hopes he's right, because if Michael lies, Jack refuses to allow Earl to impeach him.