“But you don’t know with any certainty that the note was meant for you or even what it referred to, do you?” he said.
“No.”
“Now, Ms. Graves, you do realize you’re under oath.”
“I do.”
“Did you hear Mary Ellen Graves testify under oath in civil court that she’d been raped by Doshan Williams?”
“I did.”
“Yet later that day, she told you the opposite was true. Is that correct?”
“That’s correct.”
“Can you repeat what Ms. Barnes told you after she’d testified to the rape?”
“She said it wasn’t rape. She’d asked Doshan to walk her home. She knew him from Bible study, and she liked him. When he invited her to his room, she knew they were going to have sex. She also told me he’d asked her consent. She said she went to the school authorities and charged Doshan with rape because she was being blackmailed. She stalled for as long as she could, but time passed, and the blackmailer ran out of patience. He said if she didn’t do it that very day, he’d post the video he had online.”
“Miss Jones just told this court, under oath, that her testimony in a previous trial was true, that she had been raped by a member of the football team when she was in high school and that she hadn’t told you anything to the contrary. Yet you expect us to believe that both Ms. Jones and Mary Ellen Barnes perjured themselves in court and you’re the only person they told about it.”
Nicole looked at Sperantza. Shouldn’t he object to this question on the grounds that it was argumentative? He looked her in the eye and nodded. He wanted her to answer. “In Mary Ellen’s case, that’s correct. I don’t know if Kayla confided in anyone else, but the basic facts she told me were verified by the news articles I found.”
“Why would these women, who didn’t know each other, both confess their darkest secrets to you? Especially in the case of Ms. Jones, who’d never met you before?”
Once again Nicole looked at Sperantza, and he gave a nod. “I can’t explain it,” she said, “except that I’m a good listener, and people do tell me things. It helps with my work.”
Kendell looked down at a paper he was holding and adjusted his glasses. Then he said, “Tell me, Ms. Graves. Do you miss the attention you received from the media last year after the murder of your colleague?”
Even more argumentative, she thought. This is downright insulting. But she kept her voice even when she answered. “Of course not. That was horrible.”
He turned away. “No more questions for this witness.”
The judge nodded his head at her. “You are excused, Ms. Graves.”
Nicole tried to catch Sperantza’s eye as she left the witness stand, but he was busy jotting on his yellow pad. Doshan was staring straight ahead, looking even glummer than before.
Timothy was waiting just outside the door to accompany her to the elevator. Nicole followed him, overcome by a sense of defeat. She’d messed up her life, wrecked her relationship with Josh, and for what? Kendell had torn her testimony apart and maligned her character as well.
The media followed her out, shouting questions. She didn’t listen, much less attempt to answer. When they reached the street, the car and driver were already waiting at the curb. Several motorcycles trailed behind them, causing the driver to circle around, take one-way streets, and detour into alleys until he lost them.
Nicole barely noticed the detours. She was thinking about her testimony. What a mess. She’d thought she was being selfless, perhaps a little heroic, in testifying for Doshan. But Josh was right, and she felt like a fool. She remembered the old adage, “No good deed goes unpunished,” and realized that she’d just made herself the perfect example.
Fourteen
Back in the hotel suite, Nicole lay on her bed with her eyes closed, going over the back and forth between the deputy D.A. and herself. She was startled by a knock on her door. It was Timothy, handing her his phone. “Your attorney—Sue Price.” His words were clipped; he was clearly still annoyed.
Nicole took the phone, while Timothy retreated and closed the door.
“How’re you doing?” Sue said.
“Not that great. The prosecutor ripped me to shreds. I’m going stir crazy in this damned hotel, and Sperantza insists I stay until the trial ends.
“I’m sure it went better than you think,” Sue said. “Remember, it’s not what the prosecutor says or doesn’t say. It’s who the jury believes. But here’s why I’m calling. Josh is desperate to reach you. His father had a heart attack on Monday. He’s been with his family at the hospital since then.”
“I left a message on our answering machine at home,” Nicole said. “I guess he didn’t think to check. But he could have called Steph. He has her number.”
“He did,” Sue said, “She explained why your phone was off, but she didn’t know how to reach you either.”
“What does he want?”
“He wants you to call him.”
“A little problem with that,” Nicole said. “They made me turn off my phone—in case it’s being hacked.”
“I’ll be your go-between,” Sue said. “Give me a message for him. I’ll pass it on and get back to you.”
Nicole was quiet for a long moment. Finally she said, “Let him know I was upset to hear about his father and what he must be going through right now. Tell him I love him, and I’m sorry, but I can’t change who I am.”
Sue gave a sharp intake of breath. “Oh, my dear. You two are so perfect for each other. Don’t tell me you’re breaking up.”
“I don’t know. He found out I was still looking into Doshan’s case after I promised I’d quit. We had a fight, and I went to stay with my sister. He thinks I’m impulsive and reckless. What sent him over the edge was that I kept it from him. But if I’d told him, that would have made him angry, too. I don’t want to have to defend myself for doing what I think is right. He also made it clear he doesn’t respect my work as an investigator. I just can’t see how it’s going to work out.”
“If you feel that way, it’s better to find out now,” Sue said. “I understand exactly what you’re going through. Believe me, I do. This is one of the reasons I never married. I need to be my own person, not who someone else thinks I should be. I’ll give Josh your message.”
After they hung up, the hotel suite was silent. Timothy hadn’t asked for his phone back. Maybe he assumed she was still talking to Sue. Almost without thinking, Nicole found herself calling Josh.
“Hello?” He sounded confused, no doubt by the unfamiliar caller ID.
“It’s me,” she said in a low voice. “I just wanted you to know how sorry I was to hear about your father. How’s he doing?”
“It’s touch and go. He’s had a massive coronary. He’s still in ICU. Even if he pulls through, there may be serious damage to his heart.”
“That’s awful. I’m so sorry. Sue says you’ve been at the hospital since Monday.”
“Yeah, I’m pretty whacked out. But listen, we have to talk. We can’t—” He stopped and she could hear voices in the background. “Wait,” he said. The phone was silent long enough to make her wonder whether she’d been put on hold or disconnected.
At last he was back. “The doctor wants to talk to us. I’ve got to go.” The phone clicked, and he was gone.
A few minutes later, Timothy knocked on the door and asked for his phone.
Reluctantly, she handed it back and followed Timothy into the living room. “I’m going down to the coffee shop for a snack,” she said. “You can come, if you want.”
“I thought we had an agreement that you’d stay here where it’s safe. The coffee shop is open to the public. Anyone can just walk into that place.”
“I’m not leaving the building. That was the deal. I agreed to stay in the hotel until I testified.” She went to the front door, opened it, and turned to look at Timothy.
Not bothering to hide his irritation, Timothy grabbed his jacket and pulled it on to co
ver his gun holster. He trailed behind her to the elevator.
He insisted on the booth farthest from the entrance and took the seat facing the door. At 4:00 in the afternoon, the restaurant was quiet. While they waited for service, he took a careful look at those seated at the few occupied tables. Nicole ordered coffee and a piece of cherry pie. After a moment’s hesitation, Timothy ordered the same thing.
While they waited, she decided to try to pull some personal information out of him. In the two days they’d spent together, they hadn’t had a single sustained conversation. He seemed disinclined to be sociable. Now that her testimony was out of the way, Nicole was suddenly curious. Who is this guy? What’s his story?
“So, Tim—is it okay to call you Tim?—What do you do when you’re not working?”
“Oh, I work out, read a bit, watch TV. You know, the usual.” Timothy went silent, his eyes scanning the room.
He’s avoiding my question, Nicole thought. He doesn’t want me to know anything about him. “How did you get into private security?” she said. “Were you a cop?”
He looked at her. “I was with the military.”
At this point, his phone rang. He pulled it out of his pocket and answered. “Harris, here.” He was silent, listening. Then he said, “I’m sorry. You have the wrong number.”
He put his phone on the table and gave Nicole a puzzled look. “Do you know a Josh Mulhern?”
“Yes.”
“That was him, asking for you. How did he get this number?”
“I called him after I talked to my lawyer. She said he was trying to get in touch with me.”
The phone rang again. After glancing at caller ID, Timothy gave Nicole an exasperated look and slid the phone across the table. “Keep it brief,” he said. “And please tell him not to call this number again.”
She picked up the phone. “Josh?”
“Who was that guy? Why did he say I had the wrong number?”
“That’s my bodyguard, Timothy.”
“Bodyguard?”
“Sperantza thought I should have protection until the trial’s over. Timothy takes his job very seriously.” As Nicole said this, she glanced over at Timothy. He was looking in the other direction, pretending he wasn’t listening. “I can’t talk long,” she said. “What’s up?”
“I want you to come home. I’m sorry about what I said, you know, disrespecting your job. I didn’t mean it. We can work this out.”
“Oh, Josh, I don’t know. Maybe you’ve made a mistake. Maybe I’m not the person you thought I was.”
“I haven’t made a mistake. I want you back. Please! When’s a good time for me to call again?”
“My phone is off, and we can’t use this line again.” She noticed Timothy was running his finger across his throat, giving the cut-it-short signal.
“I have to go,” she said. “I can’t turn on my phone until the trial is over. I’ll call you as soon as I can. Sorry to leave things up in the air. I do love you.” She pressed the “end” button and handed the phone back to Timothy.
§
In the courthouse a few blocks away, Doshan was finding it increasingly hard to sit still. It was even harder to keep his cool and wear a neutral expression. Sperantza, in the chair next to him, was going over his notes. There were just two more defense witnesses. Once they were questioned and cross-examined, the defense would rest. Then came closing arguments, and the case would go to the jury. That could happen by the end of the day.
They’d originally thought Doshan might have to testify. But once the girl from Hemet and Nicole appeared, Sperantza said it was no longer necessary or even advisable. The two women had created reasonable doubt in the minds of jurors. That meant Doshan had nothing to gain by testifying. He might even damage the case if Kendell managed to rattle him into contradicting something he’d already said.
Sperantza called Larry Castelle, a teammate of Doshan’s, as the next witness. After establishing Castelle’s relationship to both Doshan and Drummond, Sperantza said, “Do you recall Andrew Drummond making any statements about becoming quarterback for Oceanside University’s football team?”
“Yes. He told me a number of times what a great quarterback he’d been on his high school team. He said he’d be a hell of a lot better than Doshan. According to him, the only reason the school gave it to Doshan was because it looked good. You know, having an African American as its star.”
“What was the nature of his relationship with Doshan?”
Kendell stood up. “Objection! Calls for speculation.”
“Overruled,” the judge said. “I’ll allow it.”
“When Doshan was around, Drummond acted like they were best buddies, but he was always bad-mouthing Doshan behind his back. One time he told me Doshan was heading for trouble because he forced girls to have sex with him, and that was going to get him kicked off the team.”
“Did you ever observe Doshan behaving aggressively toward women?”
“Never. We used to go out as a group. You know, hang out at night on the beach, have a couple of beers, and sometimes girls would join us. They were always coming onto Doshan. We used to kid him about it.”
Kendall, on cross-examination, tried his best to trip up Castelle, but the young man stuck to his story.
The defense’s second witness was Josiah Williford, another member of the team. Once again, Sperantza asked the witness if Doshan was prone to violence.
“He never uses force except on the field. The only people I heard say that were Drummond and his sidekicks, Marshall and Sabatella. Drummond was always mouthing off, talking trash about people, especially Doshan. One time I heard him threaten to get Doshan.”
“Can you tell us what he said?”
“It was when Drummond got benched after he fumbled a couple of plays. I was sitting right next to him. We were behind, and the game only had a few minutes to go. Suddenly, Doshan has the ball. Instead of passing it, he’s headed for the goal line, running so fast it’s unbelievable. The crowd is screaming. The other team can’t get near him. He crosses the goal line, and we win. It was awesome!
“Then I hear a crash. It’s Drummond hitting the bench with his fist. He’s in a rage, muttering to himself. “You rotten son-of-a-bitch, Doshan,” he says. “I’ll fix you.”
“Were those his exact words?”
“Yeah. He was pissed because Doshan scored and everybody was cheering. I thought it was weird because it meant our team won. Besides, the two of them roomed together and always acted like bros.”
Once more the deputy D.A. tried to discredit the testimony of the witness but without any luck. Williford insisted that he’d heard Drummond’s threat against Doshan.
When Williford was dismissed, Sperantza announced that the defense had no more witnesses and was resting its case. Judge Lloyd banged his gavel. “We’ll take a break now. I expect you to return promptly at 1:00 p.m.”
Doshan checked his watch and stood up. It was 11:45. Sitting in court day after day was taking a toll on his body. He felt stiff and sluggish. He followed Sperantza into a small room adjacent to the courtroom that had been set aside for their use.
“How do you think we’re doing?” Doshan’s mouth was so dry he could hardly get the words out. He picked up a can of soda from the tub of iced drinks and downed it in a couple of gulps.
“Things are going well,” Sperantza said. “Our witnesses did a great job. But there are no guarantees. Let’s just hope the jury understands the concept of reasonable doubt.”
Doshan did a couple of stretches before he sat down at the table with Sperantza. Each was absorbed in his own thoughts. Time was passing so slowly, Doshan wondered if the day would ever end. Then his mind leapt forward to what might happen once the jury made its decision, to the very real possibility that he might leave the courtroom in handcuffs, headed for prison.
When court reconvened, Deputy D.A. Frank Kendell presented the prosecution’s closing arguments. He set up an easel for the posters he’d bro
ught along. First was a timeline establishing Doshan’s whereabouts the night of the murder. Next was a series of pull-out quotes from the audiotape of Doshan’s initial interrogation, showing how he’d first denied, then admitted being at the Santa Monica Pier. Kendell seemed to think the fact that Doshan had changed his story was powerful evidence of his guilt.
More graphics followed, showing photos of the evidence he’d presented, explaining how each fit into the case against the defendant. Someone had spent a lot of time preparing the visual aids, which were colorful and easy to understand.
“This isn’t rocket science,” Kendell concluded. “Motive, opportunity, means. That’s all you need to determine guilt in a murder trial. Doshan Williams had all three. Mary Ellen Barnes had accused him of rape, and he was furious. He wanted revenge. He was at Santa Monica beach that night. And look at him: There’s no doubt he has the strength to kill Mary Ellen Barnes with his bare hands. There is no doubt he took the life of this innocent young woman. I have proved my case. Now it’s up to you to see that justice is done by convicting Doshan Williams of murder in the first degree. Thank you.”
When Kendell took his seat, Sperantza went over to face the jury and present his summation. He took a long moment to make eye contact with each juror. Then he said, “This case presents a multiple tragedy. First, we have the case of an innocent young woman who was brutally murdered after she was coerced into falsely accusing my client, Doshan Williams, of rape. And then, to make matters worse, the police and prosecution, relying on an incomplete, careless, and incompetent investigation, brought Doshan to trial for a murder he did not commit. Worse yet, they brought this charge against Doshan without looking into the possibility that someone else might be responsible for the crime.”
Sperantza proceeded through each piece of evidence Kendell had presented, making the point over and over that the prosecution had looked no farther than Doshan Williams as a suspect.
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