Blind-sided

by Monette Michaels

  The defense counsel stopped before leaving. Looking down his elegant patrician nose, he said, “Ms. LaFleur, I want to extend my condolences for your recent loss.”

  The smarmy smile on his face chilled and repulsed her.

  What loss could he be referring to? Charles had been dead for awhile. Why would the bastard take it upon himself to say something about it now? And why? It had nothing to do directly with the law suit in question.

  Evan must have felt the same and once more attempted to defend her against the slimy lawyer’s intimidation tactics.

  “Now see here, Dubois. Mr. Carter’s death is none of your…”

  Dubois cut Evan’s words off with a derisive laugh. “I’m not referring to Charles Carter.” He turned and caught her eyes with his cold, black ones. “I’m speaking about Scott Fontenot. It seems the good doctor died…”

  The vicious bastard paused at her gasp.

  “On the steps of the United States Embassy in Brasilia.” He bowed his head. “My condolences. I believe he was someone special to you, or am I mistaken, Ms. LaFleur?”

  Jeanette cried out as the room whirled around her.

  ———

  Gradually, Jeanette fought her way through a heavy blanket of unconsciousness. It was the voices which caused her to return to the real world. Loud voices arguing in a mixture of Cajun French and Louisiana-influenced English. They were arguing about her.

  “She needs to know.”

  Tony’s voice was harsh with what? Anger? Grief?

  “The petit chou can not handle much more.” Frenchy’s voice contained sympathy mixed with sorrow. “It can wait. It is enough she knows that he might be dead.”

  “Might is the operative word here.”

  Evan’s voice of reason jolted her from her languor

  “Scott might be alive?” Her voice was hoarse from the hours of answering questions and the tears she had yet to shed.

  The three men all spoke at once.

  “One at a time, please,” she said.

  She twisted her head and sought out Evan. “Evan, you seem to think what that Dubois person said was wrong. Tell me what you know.”

  He knelt on the floor near her. His eyes reflected his concern and something else that looked like uncertainty. Even he wasn’t sure whether Scott was alive or not. But being a lawyer, he wouldn’t believe it until he had all the facts, the proof. Maybe that was the way she needed to take this. Only believe proven facts.

  Whatever Evan said, she would take it as hopeful, even though the other two frowned behind him. The two realists in the bunch. Men who dealt with death and ugliness every day. Unlike Evan and her, who dealt with hope.

  “Evan?”

  “The facts aren’t entirely clear…”

  Tony protested, cutting off the lawyer. “Evan, you know…”

  “Tony, let him talk.” She turned her eyes back toward the lawyer, who ran his fingers through his hair. “Go ahead, Evan. I’ll draw my own conclusions.”

  He attempted a smile, but failed. “Good girl. Like me, you need more proof than DEA gossip. Because that is all it is — gossip. The DEA called Charles’s brother and told him that the mission was completed, but that two lives were lost at the gates of the United States Embassy.”

  Jeanette grasped his arm and squeezed. “Thank you, Evan. Obviously, the DEA didn’t specifically identify Scott by name.”

  “That’s right. Until they do, there’s always hope.”

  “Yes. There’s always hope.” Jeanette stressed the last word and dared the other two to contradict her.

  “Ah, Jeanette,” Evan said.

  He sounded hesitant. What else could be wrong?

  She turned expectant eyes toward his troubled ones.

  “I’m sorry about today. About Dubois.” Evan’s faced flamed red. “I knew he was a hard-ass, but I didn’t expect him to put you through an inquisition. You did good, but I wouldn’t blame you if you wanted to bail on Lynn and me. She wouldn’t want you to be hurt anymore.”

  Tears filled Jeanette’s eyes. Evan was concerned for her. He would give up a chance to win his client’s case to save her more distress.

  Did she want to go forward and face that shark again? Not really. But she would. Because if Scott was dead, she wanted Rutherford held accountable.

  “What would happen if Lynn dropped her case? Because we all know I’m the best evidence she has of medical malpractice and Rutherford’s intentional misrepresentations. No, wait. I guess my real question is will the federal government jump on Rutherford as soon as possible to make sure he doesn’t get away?”

  “I don’t know.” Evan patted her shoulder. “Right now, Rutherford is convinced that he is in the clear on the malpractice. If he has a clue about the potential federal investigation, we can’t tell. From what Charles’s brother said, the feds are nowhere near pursuing the Rutherford end of the scheme. Their primary concern is to stop the flow of drugs through One World sources. The body-part trafficking is no big deal to them.”

  “Well, it should be.” Jeanette trembled with anger. “Scott may have died getting that information.”

  “I agree. Our plan to expose Rutherford’s filthy core at Lynn’s trial is still the only game in town. Once we convict him of medical malpractice, we can leak the rest to the press and let public opinion handle it.”

  “How can we leak this to the press?”

  Personally, Jeanette would love to scream the knowledge to the world from the witness stand, but would abide by Evan’s counsel.

  “After the trial we can arrange a press conference to lay out what we know. Hopefully, by then the information from Brazil will be available.”

  “Won’t I be able to tell all of the truth in court? After all, Rutherford was using illegally obtained corneas. Walter was dealing in stolen babies’ hearts in the Eye Bank lab. Doesn’t the court want to hear that?”

  “Not really. What we know and what is relevant to Lynn’s case are two different things.”

  Jeanette opened her mouth, but Evan held up his hand. The smile that crossed his face made him look like the Big Bad Wolf getting ready to chow down on grandma.

  “But,” he said, “we’ll sure as heck get everything out we can whether or not it is allowed to go to the jury. I’ll have the press in the courtroom. I’ll make sure they know something hot is going on and promise them a press conference on the real scoop after the trial is over.”

  He smile turned even more vulpine. “Trust me. The press will figure out what is going on before the federal government. There will be a demand for a full investigation — and then the government will have to address murdered innocents used for spare parts.”

  “Well, then. I’m still in.” Jeanette reached up and took Evan’s hand in a firm grip, then shook it. “I want to nail Rutherford’s ass to the wall, make him bleed and discredit him in the eyes of the world. And we’re gonna do this together.”

  Evan returned the grip and the handshake. “Together.”

  CHAPTER FORTY-TWO

  New Orleans Parish Courthouse — Present Day

  Jeanette made her way to a seat in the front row, right behind Lynn Barrios and Evan. Tony was already sitting there, saving her a seat.

  The shock she’d just received in the courtroom lobby was still with her. She stumbled and almost fell on a man at the beginning of her row. Tony reached out to steady her. Her hands were cold and trembling. He shot her a quizzical glance, then frowned.

  “Jeannie?” Tony whipped his head around seeking the danger that had put her into this state. “What happened?”

  Jeanette couldn’t avoid it. She looked over at Rutherford. Tony’s eyes followed her line of vision. The doctor’s lips parodied a smile, and he shrugged his shoulders.

  Tony glared at the man, then assisted Jeanette to her seat.

  “Son-of-a-bitch,” Tony said in a low growl.

  He made a move to leave the row. Jeanette placed a restraining hand on his arm and shook her head. “
Don’t give him the satisfaction,” she whispered. “I’ll be fine. It was nothing.”

  “What was nothing? I left you at the ladies’ room. You’re in a courthouse for Christ’s sake. If you aren’t safe here…” He shook off the thought. “What happened out there?”

  “From the balcony.” She closed her eyes, then took a deep breath to force the lump out of her throat. “Someone threatened me — and Brigitte. But they can’t hurt her. She’s safe.” At Tony’s swift nod, she sighed. “And you’re here. I’ll be fine.”

  Tony placed a comforting arm around her shoulder and gave her a little hug. “Want me to report it to courthouse security?”

  “No. You’re correct. They can’t do anything here. Maybe later Rutherford will be too busy defending himself from the press to worry about me.”

  Jeanette felt she’d held up well over the last few days of the trial. Lynn Barrios’s testimony had clearly impressed the jury. The woman’s obvious disability gained their sympathy. Several of the jurors had thrown condemning glances at Rutherford.

  Yesterday afternoon Evan called an expert witness, a Dr. Van Hoven, to the stand. His direct testimony was that the “living lens” procedure had more risks than benefits and should only be used in the most extreme cases of loss of sight.

  Upon cross-examination, Dubois could not shake the man. In fact, the urbane defense attorney ended up looking foolish when Van Hoven called the living lens procedure a hoax for people with mere myopia like Lynn Barrios.

  The outburst after Van Hoven’s statement had the judge calling the court to order. Even the jurors spoke among themselves. The press wrote fast and furiously in their notebooks.

  Rutherford wasn’t too happy with his high-priced mouthpiece. He’d pulled on the lawyer’s Armani suit. The angry, harsh whispers which ensued had even managed to carry to Jeanette’s position on the opposite side of the courtroom. The press sitting behind the two men must have gotten an earful.

  Evan was ecstatic about yesterday’s testimony. Today he would put on a psychologist who would testify to Lynn Barrios’s mental and emotional status. Then it would be Jeanette’s turn.

  Her stomach tightened. Acid rushed forth to burn through even more mucous membranes. The lump in her throat refused to go away, no matter how much she swallowed.

  But these were conditions she’d lived with since the deposition a month ago. That and her repressed grief for Scott. The only things that had gotten her through the period were Scott’s family and friends, Brigitte and — her rage.

  Righteous anger had brought her here. She would testify and hope to God the jury believed in the evil the doctor had committed. If not, Evan’s Plan B — the press conference — would nail the bastard’s coffin.

  The Times-Picayune had featured the trial on the front page for the last two days. So far, the slant had been about risks of medical research and mistakes being made, because, after all, doctors were only human.

  Evan said that Dubois had hired a publicist and that, for now, the press received the party-line ala Rutherford.

  But today’s testimony — her testimony — along with Evan’s planned post-trial disclosures should put an end to that benign approach.

  She just hoped it would take care of her problems. Living with Brigitte in the back of the Manchac Swamp — or on the run — wasn’t how she wanted to spend the rest of her life.

  Tony tugged her arm, then practically lifted her up. The judge had entered the courtroom during her mental wanderings. The court was now in session.

  Evan called his first witness.

  Jeanette glanced over to the defense table. Rutherford stared at her. Once he was sure he had her attention, he checked out the jurors who listened to Evan and the psychologist. Then Rutherford looked back at her. He raised his hand in slow motion to a level just above the table. With his motions shielded from the jury box by his body, he made the motion of shooting a gun. Then he smiled. A horrible smile.

  Jeanette gasped. Wildly, she considered who might have caught the threatening gesture. If someone had, wouldn’t they cry out? Report it?

  “Jeanette.” Tony put his arm around her shoulders and whispered, “Don’t let him get to you. I’m definitely going to report the threat in the lobby and that gesture. The security people can’t do much about him now, but they sure as hell will make sure you get in and out of this courthouse safely.”

  Jeanette nodded. “Okay. I’m okay.”

  He brushed a kiss across her cheek. “That’s my girl. Head up, kiddo. Don’t let the asshole have the satisfaction of knowing he got to you.”

  “You’re right.” She straightened up, then shot a derisive glance — or at least she hoped it was as disdainful as she wanted it to be — at Rutherford.

  He sneered at her.

  Jerking, she bowed her head and bit her lower lip to stifle any sounds that might escape and betray her ragged emotions. It was hard, but she maintained control. She vowed not to look at Rutherford again. She wouldn’t allow him to push her buttons.

  She focused on the testimony of the psychologist. He told the court what she already knew, that Lynn Barrios was as rational as the next person. Yes, she’d suffered a mild depression when she was bilaterally blinded, but she’d bounced back and participated in her legal action against the man who’d harmed her. Her reactions were those of a normal, sane woman.

  “Thank you, doctor.” Evan turned to Dubois. “Your witness.”

  Dubois didn’t even look up from his notes. With a shake of his head and a negative wave of his hand, he said, “I have no questions for this witness, your Honor.”

  The judge peered over his half-glasses at Evan. “Call your next witness, Mr. Devereaux.”

  “The plaintiff calls its last witness, Jeanette LaFleur.”

  The courtroom bailiff called out, “Jeanette LaFleur, please approach and take the stand.”

  Jeanette stood up. Her knees threatened to give way.

  Monique, Evan’s paralegal, sensed Jeanette’s anxiety and patted her hand. “You’ll do fine. Go get ‘em, girl.”

  Monique’s confidence became hers.

  Lynn Barrios smiled and mouthed: “Thank you.”

  It was show time.

  Jeanette took a deep breath, then moved out of the row and walked to the witness chair. She kept her eyes straight forward as if she wore blinders. All her focus had to be on what she would say, not on any threatening gestures from the defendant’s table.

  “Raise your right hand…”

  She repeated the oath to tell the truth.

  Evan approached.

  Previously, he’d only approached the witness stand when Lynn had testified. Jeanette knew how much that must have helped Lynn, because it helped her. His kind eyes and strong bony face imbued her with a sense of calm.

  They’d gone over the questions many times prior to today. She knew what he would ask. Knew how she would answer. The familiarity of it was comforting.

  She could do this.

  Evan started with the easy stuff, laying the foundation for more detailed testimony.

  “Please state your name and legal address for the record.”

  When she did, he led her through her education and how she’d come to be employed by the Epi Study.

  “Ms. LaFleur, in your own words, tell the jury how you first met Lynn Barrios.”

  “I met Lynn Barrios through you. Dr. Maggie Payton at the University Eye Clinic gave you my name as a potential witness in this case.”

  “Why would Dr. Payton consider you a witness for this matter?”

  Dubois leapt to his feet like an avenging angel. “Objection, your Honor. Calls for conjecture on behalf of the witness. How would Ms. LaFleur know what was in the good doctor’s mind?”

  “Sustained.”

  Evan bowed his head in acknowledgment. “Yes, your Honor. Let me approach this from another angle.”

  The judge nodded. “Do so. Just keep in mind that Ms. LaFleur is not a mind reader, unless you’d li
ke to lay the groundwork for such?”

  Laughter rumbled throughout the courtroom.

  Evan smiled even as he winced. “No, your Honor. I think we can get at this another way.”

  He turned back to Jeanette and winked. “Ms. LaFleur. What do you know about Ms. Barrios’s case?”

  Jeanette waited for an objection. Dubois stared at his notes.

  “I’m not sure what you mean.”

  “Could you tell me why you are a witness here today?”

  “Because I found evidence that Dr. Rutherford was slanting his statistics to show a higher success rate than what he told the Review Broad, the university, and his patients, including Ms. Barrios.”

  “Yes, exactly.” Evan smiled broadly. “Please tell the jury how you discovered this manipulation of the surgical outcomes.”

  “From the billing records.”

  “Please tell us specifically how the billing records led you to this conclusion that Dr. Rutherford was ‘cooking the stats.’”

  “Objection!” Dubois again surged to his feet. “The billing records have nothing to do with what happened to Ms. Barrios.”

  The judge sent a laser-like glance at Dubois. “Overruled. Mr. Devereaux laid the foundation. The court shall decide what is relevant. Now, sit down.”

  The judge turned to Jeanette. “You may answer the question.”

  Jeanette nodded, then looked at Evan. “Should I start from when I first looked into the billing records?”

  “Start wherever you need to.”

  “Okay.”

  Jeanette fixed her eyes on the jury. She could hear Rutherford angrily whispering to Dubois. She blocked them out.

  “It first started about a month or so after I began working for Dr. Rutherford. The patient records were a mess. I started a database to sort out who had the surgery, who was billed and for what, and who was seen afterward in follow-up.”

  “Why did you go into the billing records to help straighten out the patient files?”

  “The billing records were the most accurate, up-to-date and complete records the study had. Basic costs have to be covered. Every patient had a certain amount of costs associated with their surgeries. The project budget didn’t cover everything, you see, and doctors do like to get paid.”