Dead and Gone

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Dead and Gone Page 17

by John A. Broussard


  Laura could feel her heart beating faster. She was certain she could even hear it over the noise of everyone settling down. Judge Wong turned to the jury and asked the jury for their verdict.

  The foreman rose and instead of announcing a verdict reported they were hopelessly deadlocked. Laura collapsed back in her chair. Judge Wong polled the jurors, asking them if they thought a verdict was possible. The answer was unanimously no. At that, he declared a mistrial, discharged the jury and asked the prosecutor, defense counsel and the defendant to come into chambers.

  “Now what?” Kimo asked.

  “He’s going to set a date for a new trial,” Kay said. Kimo was close to tears. Kay was afraid to catch Laura’s eye.

  The court clerk was waiting for the three of them as they approached Wong’s chambers. “Judge Wong would like to see the prosecutor first,” he said. Emil shrugged and went in.

  “This is hell,” Kimo said. “I almost wish they’d found me guilty. At least it would be over with.”

  Laura put her hand on his arm. “Believe me, I know how you feel. I’m sorry I let you down.”

  Kimo managed a smile. “You didn’t let me down. You were really great. No one could have done any more than you did.”

  Laura also had to struggle to give him a smile of thanks for his reassurance. The court clerk came out at that moment and told them to come in.

  Judge Wong looked especially formidable up close. He was still wearing his judicial robes and sitting behind a large, Philippine mahogany desk.

  “I’ve already told the prosecutor I fully approve of the way in which he presented the State’s position. He served justice well these past two days.”

  Laura cringed inwardly, wondering if this was going to be a “hooray for Emil Bautista” session.

  Judge Wong continued, addressing Laura. “I also feel you served your client well, counselor. It was a pleasant experience to preside at a trial where there was a minimum of histrionics. I’m not one who would banish emotions from the courtroom, but too often they replace logic to the detriment of the entire judicial process.”

  I wish he’d get on with it, Laura thought. Kimo’s going to collapse if he doesn’t. Maybe I will too.

  “My reason for calling you in is to tell you of my decision. I’ve already spoken to the prosecutor about it, and he has concurred with it. Instead of having a second trial and submitting all of us to a repetition of these past two days, pleasant as the experience may have been for me the first time around, I’m proposing we not have a second trial, which would actually be a third one in this instance.”

  Laura could feel Kimo letting out his breath.

  “There are some provisos, however.” Judge Wong turned to Kimo as he spoke. “I would expect you to attend the regular sessions of the driving program mandated for anyone convicted of driving while under the influence of liquor.”

  Kimo nodded vigorously.

  “You are a personable young man. I think you would make a very favorable impression on some of the high school students who are already experimenting with alcohol and other drugs, or are tempted to do so. I’ll arrange with the high school principal for you to tell your experience in this case to the student body.”

  Kimo sighed. “Believe me, your honor, I’ll be very convincing.”

  “One last point. There’s more than you involved from now on. If you drink and drive, I’m responsible. Do you think you’ll be able to remember that?”

  “Yes, your honor. I haven’t touched a drop since the accident. I don’t need the stuff.”

  When the door of the judge’s chambers closed behind them, Kimo turned to Emil. “Thanks. I know you could have changed his mind if you’d wanted to.”

  Emil shrugged. “Maybe yes, maybe no, but count me in as being responsible if you drink and drive again.”

  “And me, too.” Laura added fervently.

  ***

  Kay and Sid were still waiting for them when they came back into the courtroom. Leilani was there. She broke into tears when she heard the news, hugged Kimo and kissed Laura. Emil slipped quietly away.

  “You should hear what the jury had to say,” Sid said. “God! There’s absolutely no predicting.”

  “How did it split?” Laura asked.

  “Seven-five for conviction. The foreman you were so worried about was the one who held tough for Kimo. One of the jurors told me they would have gone for conviction if it hadn’t been for her, and only one of the construction workers voted for acquittal. The other three jurors who were for acquittal were all women.”

  Laura shook her head and groaned. “Maybe I should quit and go into medicine or engineering or something. I could have sworn we’d won and, never, for one minute, did I think that woman would be on our side. I was sure the others were going to have to drag her screaming over the line. You didn’t find out why she had her arm in a cast did you, by some chance?”

  “As a matter of fact, I did,” Sid said. “Her husband broke it. When I spoke to her, I got the impression she was on Kimo’s side because he ran into a wife beater. I also got confirmation of my suspicion. The juror who says the foreman was so important in the decision also said she brought up her broken arm in the course of the deliberation, and the source of it. He thinks Emil cinched it for her in his summation by claiming Kimo was responsible for killing Lyndon, no matter what condition Lyndon was in when the truck hit him. She just figured anyone who kills a wife beater should be rewarded rather than punished.”

  ***

  The phone was ringing at the reception desk when Sid, Laura and Kay entered the office still discussing the case and the unpredictableness of juries. Qual, who was sitting in his office with Craig, answered the phone and shouted to the new arrivals. “It’s for you, Laura. Bill Kuroyama.” Kay smiled. Sid gave her a thumbs up signal.

  “I’ll take it in my office,” she said.

  “Congratulations!” The familiar voice at the other end was enthusiastic.

  “For what. I didn’t win the case.”

  “Aw, c’mon. Kimo could have gotten seven years and you got him off with ten sessions of lectures. I’ll bet Kimo thinks you won.”

  Laura grudgingly admitted was probably true.

  “The reason I called you was to make you stick by your promise. You said you’d be willing to listen to invitations after the trial was over. Well I have tickets to the Honolulu symphony for tomorrow night, and I hear the town is swinging this weekend. How about two days in the big city?”

  There was the tremendous letdown from the high of the trial. Laura thought about how nice it would be to get away for two days. Even Honolulu sounded good now she’d been away from it for so long. It took her only a moment to decide.

  “OK, but on one condition.”

  “I’m willing to accept almost any conditions.”

  “It will have to be dutch.”

  “Hey! You’re on. You’re the kind of woman I’ve been looking for all my life. I’ll be by at ten in the morning. We’ll catch the ten-thirty to Oahu.”

  As she started out of the office, the phone rang again. Sid and Kay were walking by the reception desk on their way home, and Sid picked up the phone.

  “You need an answering service, Laura. It’s Emil.” Sid held up both thumbs.

  “I didn’t have a chance to talk to you at the courthouse,” Emil said, “but I was wondering if you’re ready for dinner at my house. Tomorrow night, or Sunday night.”

  “I’m sorry, Emil, but I’m going to Honolulu for the weekend.”

  “That’s all right.” Emil’s voice didn’t sound as though it was. “Maybe Monday?”

  “OK. Monday sounds fine. What time do you want me to be there.”

  Emil’s voice warmed. “Come early. Right after work.”

  Laura laughed. “Fine. I’ll be there by six.”

  Emil echoed her laugh, then sounded serious. “And stay late.”

  ***

  Laura had just closed the door to the apartment when
her phone rang.

  Sid’s right, she thought. I need an answering service.

  It was Kay. “What with all the excitement, I forgot to tell you. We’re having a ground-breaking ceremony at our acreage. Leilani insisted we have a kahuna out to bless the project. Craig insisted we use the occasion for a picnic. He’s going to go all out. So it will be worth your while to be there. I thought I’d better catch you before you made any commitments for Wednesday after work. I get the feeling your evenings are going to be pretty well taken up from here on.”

  “The party sounds wonderful,” Laura said, purposely ignoring Kay’s last statement. “I’m marking the date on my calendar right now. Who’s going to be there?”

  “Well, if Craig has his way, half of Napua will be coming. That’s something I wanted to talk to you about. Feel free to invite anyone. The more the merrier. Craig’s ordered a half-keg of Koholau, so we’re going to need all the help we can get.”

  Before Laura could comment, Kay continued, “Sid and I both thought we should invite Emil. Is that OK with you?”

  “Sure.”

  “We’ve known Bill Kuroyama for years, so we have to include him, too.”

  Laura laughed. “Don’t let it bother you. Things can’t be more complicated than they are now.”

  Kay returned her laugh. “I just thought I’d better check. See you Monday morning”

  ***

  Laura’s first thought when she pulled onto the grass at the edge of Sid and Kay’s property was Craig had indeed invited half of Napua. Cars were still coming, turning down the dusty drive leading from Ridge Trail. The piece of land was a flat expanse of ground with a wide view of the ocean out to the west. Ironwoods sheltered it from the road, but the property itself was clear except for a few California pepper trees and a half dozen eucalyptus providing shade for the planned house site.

  Laura quickly estimated she knew less than half of the people drinking beer and soft drinks under the giant eucalyptus trees. She recognized Lisa Raines immediately. Someone had described her as breathtakingly beautiful. Laura thought the description no hyperbole. Judge Raines was with a blond, agreeable looking man who Laura later learned was Ron Crockett, the real estate agent who had sold the land to Sid and Kay.

  Corky was there with her handsome electrician. Hank, Toni and their two children were just piling out of their car. The young ones rapidly ran out to join others, who were rolling down a grassy slope encouraged by a couple of wildly enthusiastic and barking dogs. Qual was in charge of the beer keg, while Craig and Leilani were supervising the setting of the tables which had been quickly constructed for the occasion from plywood and two-by-fours.

  Laura started across the closely cropped pasture grass toward John Pak, Leilani’s husband. The small Korean man was standing apart from the crowd, bemusedly watching the activities. Kimo was checking to make sure the tables were sturdy enough to hold the food his helpers were unloading from the bed of his pickup. Two of the older boys were setting up the folding chairs around the tables.

  Seeing her, Kimo waved a can of 7-Up he was drinking and rushed over to intercept her and to introduce her to Margery Lipscomb, a pretty young blonde woman.

  As she shook Laura’s hand, and on hearing her name, Margery asked? “Aren’t you from Wanakai, and isn’t your mother a Freitas?”

  Laura smiled, saying, “Yes she is, and I’ll bet you’re related to me one way or another.”

  Margery smiled in return. “I sure am. My aunt married Louis Freitas, and he’s the brother of …”

  Leilani had just come by and interrupted. “Why Margery! How nice to see you. How’s your Mom? Do you know, Laura, Margery’s mother is my mother’s …”

  The laughter of the others drowned her out.

  At one end of the crowd, Laura saw Emil talking to a middle-aged Japanese who Kay introduced to her later as Gil Iwamoto, the supplier of the building materials for the new home. At the other end, Bill was chatting with an older Hawaiian man who Laura assumed was the kahuna who would conduct the ground-breaking blessing.

  Judge Wong and his wife arrived in the same car as Cal Lim and his wife. Laura felt a pang of envy when she saw the two poised Chinese women in high necked, long, split-skirt traditional Chinese dress. Both of them had the slender figures which that kind of clothes demanded and complemented so well.

  The women were strikingly attractive, though in quite different ways. Mrs. Wong was tall, with a dark complexion and a calm, relaxed face. Mrs. Lim was petite, almost fragile. Much paler than her companion, her cheeks were red without benefit of makeup, and her eyes were dark and expressive. I feel as though I’ve wandered into a Miss Universe contest by mistake, Laura thought.

  The ceremony was brief and dignified. Sid and Kay shared a shovel to turn over the first spade full of earth. Craig followed with a short speech wishing the couple endless happiness in their new home. He then encouraged everyone to make the most of the incredible collection of food which had come out of his van and Kimo’s pickup, and which was now being distributed along the table.

  Before she could sit down, Sid, Kay and Qual descended on her. “We had a quick meeting of the senior members of the firm before we left, today. We thought it would help your digestion if you knew you are now a full and permanent partner of Smith, Yoshinobu, Chu and Correa.”

  Qual’s face turned beet red as Laura kissed him. Kay and Sid cheered.

  Scattered along the long serving table were Portuguese bean soup, macaroni and potato salad, poi, several different kinds of sushi, kalua pig, lumpia with a variety of different stuffings, broiled mahimahi—the dishes went on and on. Huli-huli chicken, with Craig in charge of the spits, filled the air with a mouth watering odor. Some of the crowd lined up at the huge outdoor broiler while others attacked the cold foods already out on the tables.

  Having loaded her plate to overflowing, Laura decided to concentrate on the food, even though Bill and Emil had managed to find seats on either side of her.

  First things first, she thought. I’ll worry about other decisions later.

  END

 

 

 


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