Will of Justice: A Legal Thriller (Bill Harvey Book 1)

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Will of Justice: A Legal Thriller (Bill Harvey Book 1) Page 10

by Peter O'Mahoney


  “Your threats hold no weight here.”

  Taylor Reaper stands in front of Bill’s desk knowing that the statement is true. He has enough power and money to crush most of his legal rivals, but he knows that he cannot crush the reputation of Bill Harvey. He holds no power over Bill, and that aggravates him immensely.

  “Then as a colleague.” Taylor’s voice softens with defeat. “I’m asking you to step easy.”

  Bill watches as Taylor walk out of the office, the thoughts crash through his head with pace.

  Thomas Feeble is scared of making his testimony, and he’s scared that the holes in his story will be exposed. That is why he approached Taylor Reaper.

  Drumming his fingers on the edge of the table, he tries to figure out what that means for the case. He can’t put his finger on it, but he knows that Thomas is hiding something.

  And any secret related to the case will be exposed on the stand.

  Bill Harvey will make sure of it.

  CHAPTER 16

  The opening day of a trial is always exhilarating.

  It’s what Bill Harvey lives for as a lawyer.

  The opening day of trial is the only time that he doesn’t need coffee to kick-start his morning. Adrenaline is already pumping through his veins. His morning routine for opening day is thorough and perfectly timed.

  After his ten-minute shower alternating between hot and cold water, he eats one apple, one spoonful of honey, and one large glass of filtered water.

  He dresses in his best suit – picked up from the dry-cleaners at 5 p.m. the day before – and sprays himself with three dashes of his finest Clive Christian cologne. He stores the small bottle of cologne in the back of his bathroom cabinet and only uses it for the opening day of a trial. It’s his way of subconsciously telling himself that today is an important day in his client’s life.

  Recently, he walked past a man on the street wearing the same cologne and instantly his body jumped into action. His heart started pounding within the walls of his chest, his jaw clenched, and his focus was heightened. It took another hour before he could calm down again.

  When Bill meets Anna outside the courthouse, a smile stretches across his face.

  She has followed his instructions perfectly. She’s wearing a smart, yet casual, gray skirt and white blouse – she looks sweet and vulnerable. Her red hair is full of bounce, flowing neatly over her shoulders, and her makeup projects a calm, soft exterior.

  Anna appears warm and inviting; like she should be teaching Kindergarten, rather than a murdering her own aunt. That is exactly the look that Bill needs the jurors to see.

  Bill’s opposition, Miss Joanne Valentine, is also looking fine for the first day of the trial. She’s wearing a sharp, navy blue skirt and coat, and appears earnest, but relaxed; intelligent, yet cunning.

  As they enter the courtroom, Bill and Joanne greet each other politely, but with an air of unease. The crowd behind them begins to build over the next hour, mostly with curious onlookers and hardworking law students. Bill has developed quite a following among the students of law over the past ten years, and they come from across the country to watch him perform in court. He loves the attention but doesn’t let it distract him from the task at hand.

  When Judge David Wilmot is welcomed into the court, the room is buzzing with anticipation and nerves. Judge Wilmot’s booming voice reverberates off the walls as he details the procedure of the coming days.

  Anna’s anxieties begin to show as the jury walks into the room. These are the twelve people that will judge her guilt, and as much as she tries to calm herself down with deep breaths, she can’t help but cross her arms over her stomach, trying to ease the nerves building in her torso. She looks at the table in front of her, blinking her eyes fast to hold back the tears.

  She has no control over her fate.

  None.

  All she can do is sit and watch her potential future unfold over the next three days. In her mind, she’ll give the case two days, and if it appears certain that she’ll be convicted, she’ll drive to Mexico and try to escape via the border.

  She has already googled how to run through the tunnels, and escape to build a new life in Mexico. In her mind, if she gets to Mexico, then she can begin a lifetime of travel via Central America, and further into South America. She’s sure that she has enough funds left to spend her life roaming through those countries on a fake passport.

  When she finally raises her wet eyes from the table, she looks across to the jury. They are all staring at her, making their judgments, and that pressure only serves to make her more nervous.

  The twelve men and women that will judge Anna’s fate have a collective sadness around them. None of them look happy to be in attendance. Valentine made true on her promise to dismiss all the red-blooded males, and Bill did his best to dismiss the older women who would sympathize with Jessica’s life. The twelve that remain appear to be reasonable, intelligent middle class people. They all look like they have been cut from the same middle-class mold; with steady jobs, normal haircuts, and plain clothes.

  Bill is glad that his profession means that he isn’t called upon for jury duty. Knowing what he knows of the legal system, he wouldn’t trust the evidence presented to him by either side.

  But someone has to make the decisions about the evidence.

  Joanne Valentine appears confident as she sits at the prosecution table with the support of three fellow lawyers. She should be confident; she has evidence on her side.

  But while the prosecution may have proof… Bill Harvey has a hunch.

  And that is all he needs.

  After Judge Wilmot has delivered his instructions, Valentine stands in front of the jury box and opens the case.

  “Your Honor, ladies and gentlemen of the jury, thank you for your time. As you have heard my name is Joanne Valentine, and with my team, we will present the case of first-degree murder against Miss. Anna Jane Lempare. In this opening statement, I will state what I expect the evidence to prove.

  The people are charging Anna Lempare with violations of the California Penal Code 187. We are charging Anna Lempare with the willful, deliberate, first-degree murder of her aunt, Jessica Harriet Lempare. Over the coming days, the people will prove beyond a reasonable doubt that Anna Lempare killed Jessica Lempare with malice and planning by calling to the stand numerous witnesses.

  On May 1st of this year, Jessica Lempare had finished lunch in her home when there was a knock at the door. Jessica loved her apartment – it was where she was most comfortable. Unfortunately, it’s also where she was murdered.

  Our first witness, Lead Detective Miller, is an unbiased government official who examined the defendant’s house after the horrible murder. He will detail that there was no sign of forced entry and no sign of a struggle. This is unusual because all of Jessica’s friends refer to her as ‘feisty’. For her not to fight back while being strangled… well, it indeed needed to be someone that Jessica knew well. The good detective will detail the DNA evidence found at Jessica’s house. That DNA evidence belongs to Anna Lempare. That is no doubt about that unbiased analysis.

  Our second witness, Dr. Daniel Reed, will detail that Jessica was murdered by strangulation. Dr. Reed is a Medical Examiner with the Los Angeles County Department of Medical Examiner-Coroner. He will provide unbiased information about how Jessica was murdered.

  Our third witness, a next-door neighbor, Thomas Feeble, will testify that he heard two women arguing in Jessica’s apartment on the afternoon of May 1st. He will testify that he recognized those voices as Jessica Lempare and Anna Lempare. When the arguing finished, Thomas stepped out of his apartment, and he saw Anna leaving Jessica’s apartment. It’s at this point that Anna confronted Thomas, threatened him, and then punched a hole in the wall before leaving. He will testify that Anna Lempare was very angry.

  Our fourth witness, respected veteran Mr. John ‘Bud’ Morgan, will state that Anna and Jessica had an ongoing dispute over the outcome of a will
that Jessica was the trustee. You’ll hear about evidence that shows that this dispute reached a point where Anna was compelled to strangle Jessica.

  Jessica was the trustee of Norman Chester’s Will, who was Anna’s grandfather, and this estate was worth just over twenty million dollars. Anna’s grandfather was clever enough to encourage his granddaughter, the last surviving member of his direct bloodline, to attend and complete Army Basic Training by the age of twenty-five.

  If she didn’t do this, then the full amount of inheritance would be donated to a very worthy cause – a charity named Recovering Veterans. As you can tell by the name of the charity, they help veterans who have struggled with life since returning to serve their country. A very commendable cause indeed. John Morgan is the head CEO of this charity.

  But Anna did not wish for any of the funds to go to the people that need it. Selfishly, she wanted her hands on all that money. You see, Jessica Lempare was the only trustee of the will, and if anything happened to Jessica before Anna turned twenty-five, then the will would be split equally between Anna and the charity, just over ten million dollars each.

  That means Anna would receive ten million dollars’ inheritance if Jessica passed away before Anna turned twenty-five, without having to complete the conditions assigned to the will.

  Throughout the course of this trial, you will hear witnesses state that Anna had no intention of attending Army Basic Training. She had no intention of completing the conditions of her grandfather’s will. She also had no intention of giving up her inheritance.

  Heartlessly, she strangled her aunt for the sake of ten million dollars.

  Heartlessly.

  I ask you, what sort of woman kills their own family member for the sake of money?

  We will present evidence as part of this case that will prove, beyond a reasonable doubt, that Anna strangled her aunt, Jessica Lempare.

  As a member of this jury, you have a very important job. Very important. Your job will be to listen to the evidence that is presented to you. You must listen to the facts of this case.

  Once you have heard all the evidence, you will be asked to make a determination based on that evidence.

  But don’t worry, because once you have seen the evidence, in this case, your decision will be easy.

  At the end of this case, I will not stand before you and give you an answer to this case. I already know what your decision will be once you have heard the evidence.

  The justice system has chosen you to make a decision based on all the evidence presented to you. That is all you have to do.

  Your decision will be Guilty.

  By the end of this trial, that will become obvious to you.

  Thank you very much for serving your duty.”

  Valentine ends her opening statement with a quick glance at Bill.

  As she walks back to her table, she gives him a wink, letting him know that she thinks she has already landed a Guilty verdict.

  Her voice was so soft and sensual during the opening that it could melt even the harshest soul. Bill is sure that is how she wins most of her cases.

  In contrast, Bill’s opening statement goes easy on the personality and focuses more on the technicalities of the law.

  “May it please the court, Miss Valentine, members of the jury, on May 1st at 6 p.m., or perhaps a few minutes before, Jessica Lempare was strangled in her apartment. The prosecution would have you believe that Anna Lempare is guilty of a crime as heinous as murder. But over the coming days, we shall prove otherwise.

  Anna Lempare was not there. Anna Lempare did not know about the incident until she was arrested the day after.

  I repeat, Anna Lempare was not there.

  Anna Lempare was walking the streets of Los Angeles when the incident occurred. Yes, she had argued with her aunt that night, but this wasn’t unusual behavior for these two feisty women. They had many arguments. That is how they communicated.

  She had left her aunt’s apartment one hour before the incident and didn’t return.

  Anna Lempare was not there when the death occurred.

  I am Criminal Defense Attorney Bill Harvey and, along with my team, I represent Anna Lempare.

  We are here to explain to you the undeniable fact that right now Anna Lempare is presumed innocent.

  Right now, Anna Lempare is presumed innocent.

  We are here to help you understand that many reasonable doubts lurk in the evidence.

  We will present evidence to you showing the doubts about Anna’s guilt, beginning with our cross-examination of the prosecution’s evidence.

  During this case, you are going to hear about the presumption of innocence. That means that currently there is no guilt.

  Anna Lempare starts with a blank page.

  The presumption of innocence means that suspicion, bias, prejudgment, and assumptions have no place in your thoughts. You must make a decision based on the facts.

  That is your responsibility to control. And it is a big responsibility.

  Together, we are going on a ride. On that ride, I will show you where the police and their apparent laboratory ‘experts’ have ignored obvious evidence, used false science, and done untidy fieldwork, which has all led to a very wrong and early judgment.

  I will show you that the witness statements are not enough to convict Anna Lempare.

  And I will show you that the evidence in regards to the DNA is a mere assumption, and nothing more.

  This trial will be an interesting ride. And it is a ride that we will take together.

  Judge Wilmot will remind you that you are not to make up your minds until the journey is done, because it may be at the very last moment of the trial that you discover the reasonable doubt in the final piece of evidence.

  And when our journey comes to a close, I will stand before you and ask you for a verdict of Not Guilty.

  Because Anna Lempare did not murder her aunt. She was trying to live her life, not take one.

  I repeat, Anna Lempare was not there.

  Thank you for your time, and thank you for listening. I wish you well.”

  When a number of heads nod in the jury, Bill returns the wink to Valentine.

  CHAPTER 17

  As the prosecution calls their first witness, Bill Harvey feels quite calm.

  His shoulders are relaxed, there is no tension on his face, and his breathing is slow. After he saw the heads nodding in the jury box at the end of his opening statement, he feels like he has the jury on his side, and the prosecution is going to have to fight hard to pull them back.

  Detective Timothy Miller walks to the stand looking irritated. His fists are clenched, his shoulders are tight, his eyes are narrow. He doesn’t want to be in this courtroom.

  This is the worst part of the job he loves – he has done the hard yards, poured his heart and soul into catching criminals, and now he has to deal with over-educated lawyers who administer the letter of the law.

  A lot of detectives don’t like this part.

  This is the part where one wrong word can throw away months of hard work.

  And it is Bill’s job to make sure he says at least one wrong word, and then exploit that word for all it’s worth.

  “Please state your name and occupation for the court,” Valentine begins.

  “Detective Timothy Miller and I’m a proud detective with the Los Angeles Police Department,” he states slowly as he leans forward toward the microphone. He is as uncomfortable with public speaking as he is with courtrooms.

  “Are you the detective that analyzed the crime scene at the apartment that belonged to Jessica Lempare?”

  “Yes. I am.”

  “Detective Miller, I would like you to take us through the events on that day. In your own words, can you please describe what happened?”

  Miller is an old-fashioned man. His values would have suited the 1970s; however, his hardline approach on life seems misplaced in the current era. He has the look of a man who comes at the end of the day and demand
s that his wife serves him dinner and a beer as soon as he steps in the door.

  He’s a man that is willing to risk his life to make a difference in the world, and he doesn’t care if he has to bend a few rules to get it done.

  “At 6.19 p.m., on Friday the 1st of May, a 911 call was made to notify us of a deceased person in the Los Feliz Palace apartments. At 6.36 p.m., we arrived at the property and entered the apartment. It’s here that we found Jessica Lempare on the floor.”

  One of Valentine’s assistants brings up the photographs of the crime scene on the monitor in front of the jurors. “The prosecution would like to introduce these photos as evidence of the day that the murder occurred.”

  “Proceed,” Judge Wilmot says with approval.

  “And this is how you found the apartment, Detective Miller?” Valentine asks, referring to the photos.

  “Yes. We found Jessica lying on the floor of her living room. I checked her pulse, and there was no sign of life. Her body was very cold. The paramedics arrived at 6.42pm, and that was when it was confirmed that Jessica was deceased.”

  “What was your expert impressions of the scene?”

  “As soon as we saw the body, it became clear that the woman was strangled. There was bruising around her neck, and her body was in a lifeless position.”

  “Have you seen someone strangled before?”

  “Yes.”

  “And how did this scene differ from that?”

  “There was no sign of a struggle, which I found unusual. I would have expected a broken vase, or skin under her fingernails, or more bruises on the body of the deceased. For there to be no sign of a struggle, the argument must have escalated quickly.”

  “Objection,” Bill calls out. “There is no established evidence to suggest there was an argument at all prior to the strangulation.”

 

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