by Beth Manz
From Reynolds, Simon's gaze wandered back across the courtroom...and stopped at the sight of Blair Sandburg. The police consultant was seated halfway back on the left side of the gallery, his shoulders hunched in a posture of complete dejection. As Simon watched, the young man lifted troubled eyes and caught the captain's gaze...and in spite of the distance between them, Simon was easily able to read the despondency and disappointment that radiated from the blue depths. Blair held his gaze and some of Banks' prior confidence and pleasure in his testimony thus far ebbed slowly away. Whatever path Reed Reynolds had led Blair Sandburg down, it obviously hadn't been a pleasant one.
Simon gave Sandburg an almost imperceptible nod then shifted his attention forward. And as Reed Reynolds stood and casually adjusted his expensive silk tie, Simon found himself thinking that this was how Daniel must have felt just before he was thrown into that lion's den....
The jury and observers had been waiting several minutes for the defense attorney to begin his questioning of the police captain, and as Reynolds moved out onto the center floor, all whispering and shuffling of newspapers across the gallery came to an abrupt halt.
The defense attorney strolled casually toward the captain, sized the man up for several long seconds, then clasped his hands behind his back and began, "Captain Banks, please refresh my memory and tell me again the position you hold at the Cascade Police Department."
Simon bit back a sharp retort at what was obviously a passive means of aggravating a witness. "As was clearly stated for the record earlier," Simon couldn't help but point out, "I'm captain of the Major Crime unit."
"Thank you," Reynolds responded imperturbably. "And Detective Ellison and Dr. Sandburg report to you in your capacity as captain?"
"They do."
The attorney unclasped his hands and moved back to the table where Hannah Merrick sat staring forward at Banks. "We've already established that you were present in Berne during Detective Ellison's arrest and subsequent incarceration. In fact, Dr. Sandburg used your personal car to drive back to Cascade from Berne. Is that correct?"
Simon stared at the attorney for a second then nodded his head. "It is," he answered reluctantly.
"Tell the court, Captain Banks...did Dr. Sandburg steal your car in order to make his trip back to Cascade to break into Ms. Merrick's house?"
"Your Honor, Prosecution fails to see the relevance--"
"It will become quite clear in just a moment, Your Honor."
Judge Harris leaned forward, eyed both attorneys, then nodded in Reynolds' direction. "I'll allow it."
"Again, Captain Banks, did Dr. Sandburg steal your car in order to come back to Cascade?"
Simon stared evenly at Reynolds but remained silent; it was only too obvious to him what his answer would sound like.
"Captain Banks," the defense attorney pressed arrogantly, "shall I repeat the question a third time?"
"No," Simon ground out at last. "Dr. Sandburg did not steal my car."
"In reality, you gave him permission to use it, am I right?"
"Yes."
"When Dr. Sandburg asked to use your car, were you aware of what he intended to do once he was back in Cascade?"
Simon lowered his gaze and sighed deeply. "Yes," he stated after several long seconds, his gaze lifting and wandering to Sandburg, who sat with his eyes averted, morosely studying the faces of the twelve jurors. Simon didn't dare risk a glance of his own at the jurors; he knew without having to see their faces that the DA's case was slowly unraveling before their eyes. "I knew Dr. Sandburg was planning to go to Ms. Merrick's house and look for evidence that would prove she'd been stalking Detective Ellison," he finished.
"And you realized that what he planned to do amounted to breaking and entering?"
"Yes," Simon answered.
"And if he found any evidence, what was Dr. Sandburg supposed to do?"
Again Simon sighed. "He was to phone me. I intended to call in a favor or two and get a subsequent search warrant."
The attorney dropped his chin and nodded thoughtfully for several seconds. "So, you not only allowed Dr. Sandburg to take your car, you encouraged him to commit this crime?"
"I wouldn't put it quite like that."
"How would you put it, then?"
"I didn't think it was a good idea. But at the time, I felt we had few options."
"So breaking the law became an option?"
"Objection!" the DA shouted.
"Withdrawn," Reynolds offered smoothly before the judge could rule. He walked up to the witness box, his eyes boring into Simon. "Captain Banks, did you or anyone on your team plant the evidence that Dr. Sandburg found in Ms. Merrick's home?"
"Objection! That ground has already been covered with the previous witness--"
"Withdrawn," Reynolds stated, flashing the DA a condescending smile. Turning back to Banks, he continued, "Captain Banks, would you say that Detective Ellison and Dr. Sandburg are a good team?"
Simon nodded. "Absolutely," he answered with an assurance that had been lacking in his testimony up to this point, "they're my best team."
The defense attorney smiled and turned toward the jury. Spreading his arms and chuckling a bit, he said, "Yes, well...I'd be good, too, if I planted evidence."
"Your Honor!" the DA implored, standing to her feet.
Judge Harris leaned forward and pinned the defense attorney with a warning frown. "Mr. Reynolds, you will refrain from dramatics. This is a courtroom, not a theater stage."
The attorney inclined his head in false humility. "I apologize, Your Honor. Captain Banks," he continued, "when Detective Ellison broke out of Berne's jail and came to you, telling you what he'd done and that he'd stolen the sheriff's police cruiser, what did you do?"
"I accompanied him back to Cascade."
"You didn't escort him back to the Berne police?"
"No."
Reynolds pasted an incredulous look on his face. He spread his hands and shrugged his shoulders. "Why not?"
Simon leaned forward and glared at Reynolds. "Because I believed Dr. Sandburg's life was in jeopardy and we needed to get back to Cascade."
"To diffuse the situation."
"Exactly."
Again, Reynolds spread his hands in a gesture of disbelief. "But you could have called ahead. Surely you have other officers in your department that you deem competent besides Detective Ellison and Dr. Sandburg."
"Of course I do! But this was an unusual circumstance. We felt Jim's presence would be necessary in order for Ms. Merrick to release Dr. Sandburg. And it turned out that we were right."
The defense attorney waved off Simon's last remark and continued, "Nevertheless, you will admit, will you not, that leaving Berne with a fugitive using a stolen car was illegal?"
Simon dropped his gaze and shook his head. Lifting his eyes again, he nodded. "Yes, I'm aware that it was illegal."
"Tell the court, do you often commit illegal acts with your police officers?"
There was the sound of the DA's hand hitting the table, then she stood again. "Objection!"
"Let me rephrase," Reynolds cut in gracefully, "have you ever shown extra leniency toward Detective Ellison during any of his other investigations? Maybe bent the rules, looked the other way...."
"I trust Jim Ellison. I trust him when he tells me he's not guilty of a crime he's accused of committing."
"So, you're saying you have bent the rules for him?"
Simon stared straight ahead, then cut his gaze to the attorney. "Yes," he answered softly.
"You're actually a personal friend of Ellison and Sandburg's. Is that right?"
"That's correct."
The attorney gestured widely. "You've gone fishing with them, attended basketball games together, even included your own son on some of your activities with the two men. Am I correct?"
"Yes."
The attorney gave Banks a final look, then returned to stand behind the defendant's table, next to Ms. Merrick. Dramatically, he reached ov
er and placed his hand on Hannah's shoulder. "So, you not only had a professional reason for seeing that Detective Ellison didn't go to jail, but a personal one as well."
"Your Honor, I must insist!" the DA appealed.
But Reed Reynolds was already shaking his head and smiling graciously in the judge's direction. "No matter, Your Honor. I have no further questions for this witness."
/
/
/
"Sandburg, would you please settle down!" Jim implored for the third time since the two men had returned home from their day in court. The young man had been wound tighter than a drum, alternating between outspoken anger at the direction in which Reed Reynolds was taking the questioning to self-loathing over the testimony he'd given that morning.
"I can't settle down, Jim," Blair retorted, pacing over to the balcony windows and looking out across at the city lights of Cascade's sprawling downtown. He placed his hands on his hips and turned to face Jim where he sat on the couch. "Why didn't we see this coming? I mean, how arrogant is it that we handled Hannah's investigation the way we did and thought it wouldn't come back to bite us?"
"You make it sound like we did exactly what Reynolds has accused us of," Jim countered quietly.
"Well, didn't we?"
The detective stood slowly and moved to stand next to his partner. "No, we didn't," he answered firmly. He glanced out over the lights across the bay. "We didn't set out to do anything illegal, Sandburg. We didn't conspire to frame Hannah or to get the charges against me dropped. We simply did what had to be done under some very difficult circumstances."
"I know that, man, but it doesn't really seem to be helping us, does it?"
Reaching out, Jim laid a hand on Blair's shoulder, squeezing gently. "Reynolds is going to take what we did--legal or illegal--and twist the facts until he makes us look as corrupt as he possibly can. But the thing you have to remember is that if we'd sat by and let things take care of themselves, you'd probably be dead now." Again, Jim glanced out at Cascade's skyline. "And believe me, Chief, sitting idly by and playing by the rules will never work for me if my partner's life is in danger."
Sandburg was silent for a moment, then he looked up at Jim and smiled wryly. "So, you're saying you'd break the law again in order to save my life?" He tilted his head to the side and stared at his partner, a teasing expression on his face.
Jim scowled down at him and shook his head. "Don't let it go to your head, Scarlett."
Blair laughed out loud and slapped Jim heartily on the back. "Thanks, man. I feel the same way."
Sandburg moved away from the windows and took a seat on the couch facing the balcony. Leaning back against the cushions, he scrubbed a hand across his face. "You know what bugs me the most about this whole thing? Reynolds' questions about how the car-jacking investigation was handled." He leaned forward and rested his arms against his legs, staring across at Jim. "He made it sound like what everyone at the station did was a bad thing.... That was pretty unfair, man."
Jim sighed and moved back to the couch he'd vacated only moments before. He dropped down onto the cushions and looked over at Blair. "That's what defense attorneys are paid to do, Chief. You know that. With people like Reynolds the truth doesn't matter. It's all smoke and mirrors to them, a matter of presenting things in such a manner that the jury begins to doubt even the best motives or actions."
"Do you think the jury will see through him?"
Jim shrugged. "They might. But I have to tell you, Chief...between Reynolds' theatrics and the way Hannah looked when she walked out of that courtroom this afternoon...." The detective shook his head. "We have our work cut out for us."
Blair nodded somberly, then suddenly he laughed. Leaning forward, he reached out and whapped Jim against the side of his leg. "You mean you have your work cut out for you. Simon and I have already testified." He waggled his eyebrows. "The rest is up to you, man."
"Thank you, Sandburg," Jim pronounced in even, clipped tones, but he could feel a small grin tugging at the corners of his mouth with stubborn persistence, knew his partner could see the approaching smile as well. "Remind me to come to you for counseling the next time I'm feeling worried."
Blair laughed. "Hey, man, at least we ended the day on a strong point."
Jim nodded. "True. The fingerprint evidence was impressive. Let's just hope the jury listened to it."
"Come on, Jim, how could they not? Everything I found in Hannah's closet had her prints all over it and her prints only. That's pretty damning."
"Yeah," Jim breathed. "But I went into this thing thinking our entire case was pretty damning.... And look where we are now."
Part Three
Blair shifted a bit, trying to find a more comfortable position on the unyielding wooden courtroom bench. Beside him, Simon tucked his arms across his chest and stared forward. The captain looked tired to Blair, his features drawn. He probably got as little sleep as Jim and I did last night...which was close to none. Blair rubbed his eyes, sighing.
In spite of the light banter he'd shared with Jim the previous evening, Blair had spent most of the night staring up at the ceiling of his bedroom. His mind had refused to let go of the testimony he'd presented during the day. Over and over again he had relived the moments on the witness stand and wished he'd answered the questions differently, that he'd somehow been able to see through Reynolds' leading questions and find a way around each one. But no matter how he replayed the testimony in his mind, it always turned out the same--he and Simon sounded guilty as hell.
"I wish they'd call Jim," Blair whispered to the captain. "I hate it that we get to be in here and he's still stuck out in the hall."
Simon glanced down at him. "Jim knows what's going on. That's the important part."
"I guess," Sandburg muttered.
Across the gallery, a man cleared his throat loudly and Simon and Blair turned to see Hannah's father watching them with a somber gaze.
"Who's that?" Simon whispered.
"Douglas Merrick," Blair breathed out. "I asked Angela about him yesterday before we left. She said he's Hannah's father...and he's a retired attorney."
Simon raised one eyebrow as he stared down at Blair.
"I know, doesn't help us much. Gives her an extra edge none of us even knew about."
Simon turned his gaze to the side again, returning Merrick's glare with one of his own. "Man doesn't seem to like us much, Sandburg," he observed dryly.
"You noticed that too, huh?"
At the front of the courtroom, Angela Mason stood and called Berne's sheriff, Gil Dryer, as her first witness of the day. Blair turned as the doors at the back of the room opened and Sheriff Dryer stepped inside. He hadn't seen the man since their last conversation in Berne and as he watched the small-town sheriff make his way slowly to the witness box, he tensed.
What is he going to say?
Angela waited patiently while Dryer was sworn in, then approached him. "Please state your name and occupation for the record."
The man cleared his throat uncomfortably. "Gilbert Wayne Dryer," he said, leaning forward slightly. "I'm the sheriff of Berne, Washington."
Blair's brow creased as he noted the man's obvious anxiousness. Dryer had been so confident back in Berne, almost arrogant in his contempt for Jim, the "big city" detective. But now...he seems almost afraid. And Blair was almost positive he knew the reason why. The man might be a big deal over in Berne, but here in Cascade he was just a small town officer about to give testimony in a big city trial.
"Sheriff Dryer," Angela began with confidence, "can you describe the scene as you saw it when you arrived at the Merrick cabin on the afternoon of February tenth?"
The sheriff glanced briefly at Hannah and cleared his throat again. "Ms. Merrick was lying unconscious on the floor. Detective Ellison was standing over her. The detective had a cut on his arm and his story was that Hannah had tried to stab him." Again, the sheriff cleared his throat. "Detective Ellison stated that he'd knocked Hannah o
ut by shoving her away after she cut him with a knife. But...when Hannah woke up in the hospital, she denied the detective's story. She told me Detective Ellison had tried to attack her and that she'd stabbed him in self-defense."
"And you arrested the detective at that time?"
"I'd already arrested Mr. Ellison at the cabin."
"And charged him with assault?"
"Yes. The only charge against the detective when we left the cabin was assault. The charges were later upgraded to attempted rape."
"Following Ms. Merrick's statement in the hospital?"
The sheriff nodded. "That's right."
The district attorney approached the witness box and frowned. "You charged Detective Ellison with assault and attempted rape, but you dropped those charges at a later date. Why?"
"That happened after I heard about what occurred here in Cascade."
"Meaning the arrest of Ms. Merrick for the attempted murder of Dr. Sandburg?"
Again, the sheriff nodded. He fidgeted nervously in the chair, then leaned forward to continue his testimony: "I believed then that the detective had been telling the truth about what happened at that cabin."
"In other words, you believed that Hannah Merrick had, in fact, attacked the detective and that Mr. Ellison's subsequent actions were made in self-defense."
"That's correct."
"Thank you, Sheriff Dryer." Angela turned and made her way back to the prosecutor's table. "Your witness," she announced as she passed Reed Reynolds.
While Reynolds made his usual show of conferring with his client before commencing questioning, Blair stared at Gil Dryer. He had to admit he'd been somewhat surprised by Dryer's testimony. He had fully expected the man to take Hannah's side, just as he had in Berne. But instead, he seemed to be backing up Jim's story. I don't get it, Blair thought to himself, frowning. Not that I mind that he's taken our side, of course...but still--I just don't get it...
Blair's introspection was cut short when Reed Reynolds stood and ambled casually over to the witness box. Blair tensed as he watched Reynolds scrutinize the small-town sheriff and took in the barely disguised loathing that curled the attorney's lip. Sandburg exhaled an anxious sigh. So far, everyone who had testified successfully to the DA's questions had been torn apart by the smooth defense counsel. And looking at Dryer, at the nervous sheen of sweat on the man's forehead and the almost constant fidgeting, Blair held out no hope that the sheriff would be able to withstand Reynolds' barrage of leading, twisted questions any better than he or Simon had.