Final Verdict

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Final Verdict Page 13

by William Bernhardt


  “Of course. No one remotely resembling her description has arrived.”

  He felt Maria give him a tight squeeze. But he wasn’t sure if this was good news or bad. At least if she were in the hospital, they’d know where she was. They’d know someone was looking after her. “Ambulances? Mortuaries?”

  “No sign of her.”

  Dan pulled away from Maria, his fists clenched. “This is Sweeney’s work.”

  Maria clasped his arm. “Dan, try to stay calm and think. Sweeney is behind bars.”

  “That doesn’t mean he’s powerless.”

  “True. But it does mean he has no incentive to screw with you or your family. You’re the only hope he has of regaining his freedom.”

  “I have to agree with her,” Kakazu said. “If something has happened—and I emphasize the if, because at this point we don’t know—I doubt Sweeney was involved. Over three-hundred-thousand females are reported missing each year in this country. Most of those cases are resolved in twenty-four hours and have perfectly innocent explanations.”

  “But thousands remain unsolved. Every year.” Dan squared his shoulders. “You’re thinking about the cartel.”

  “How can I not? We know it has a long history of...you know.”

  Dan pressed his hands against the wall. He felt as if he were about to explode. “I can’t stand...not knowing.”

  Kakazu’s phone buzzed. He pulled it out with lightning speed. “Yes?”

  A second later, he spoke to Dan, covering the phone. “They’ve found her.”

  Dan whipped around. “Where is she?”

  “Kindred Hospital.”

  “Condition?”

  “Not sure yet.”

  Dan raced to the kitchen counter and grabbed his keys. “On my way.”

  Maria skittered behind him. “I’m coming with.”

  “You don’t have—”

  “I’m coming with.” And that was the end of the conversation.

  * * *

  Dan raced to the desk on the fifth floor. “I’m here to see Dinah Fisher. Where is she?”

  The attending nurse swiveled around and glanced at a computer screen. “I’m not sure she’s allowed to have visitors yet.”

  Dan clenched his teeth. “Where is she?”

  The nurse sighed. “Let me check with the doctor.”

  A middle-aged woman in scrubs appeared beside them. “I’m Dr. Thompkins. I’ve been treating Dinah. Are you a relative?”

  “Yes. I’m her brother. What happened?”

  “I don’t know. She was brought in about half an hour ago, unconscious. She had a concussion. She was fully dressed and showed no signs of any kind of assault. Just some bruises and a head contusion.”

  The color drained from Dan’s face.

  The doctor continued. “It could’ve been a lot worse. Fortunately, someone found her and called an ambulance. We ran an MRI and a CT scan. So far as we can tell, there’s no cerebral trauma. She’s awake and answering questions.”

  “She’s awake? What room?”

  Dr. Thompkins hesitated a moment, then relented. “314.”

  Without another word, Dan raced down the corridor. He tore into the room.

  Dinah lay on the hospital bed wearing the traditional gown, no covers.

  She smiled as soon as she spotted him. “’Sup, bro?”

  He ran to her side and took her hand. “What happened? Tell me who did this.”

  “Really? Not even a ‘How are you’ first?”

  Maria came in behind him and crossed to the other side of the bed. “He’s been worried sick about you, Dinah. But you know how he is. Always on the case.”

  He drew in his breath. “Ok. How are you, Dinah?”

  She shrugged. “My head is throbbing. Tummy hurt, but they gave me something for it. The attending nurse is kinda stern but, on the upside, they gave me some ice cream and it was excellent.”

  “Okay, is that enough chitchat? What the hell happened?”

  Dinah exhaled heavily. “My memory is spotty. They say that’s typical after a concussion. But I do remember that I ran into someone. Someone who wouldn’t let me pass.”

  “You should’ve screamed. Immediately.”

  “I’m not the screamy sort.”

  Maria leaned in closer. “There are times when every woman should scream,” she said firmly. “Even if you’re not the screamy sort.”

  “I guess. Anyway, he must’ve hit me or something. Dragged me into the alley.”

  Kakazu entered the hospital room. “Do you remember what he looked like, Dinah?”

  “I really don’t. It was dark. I never got a clear look at his face.”

  “What did he sound like?”

  “Very deep voice. Of course, he was trying to be all scary and threatening. And he had an accent.”

  Dan and Kakazu eyed one another. “What kind of accent?”

  “I’m not an expert, but I think it was Spanish.”

  “Central American?”

  “Maybe.”

  Cartel. Jake was right.

  They didn’t kill her. Yet. Though they could have and wanted him to know they could have.

  The message was clear. Drop the case and get out of our way. Or you sister dies.

  And given the brutality they’d displayed in the past, there was no reason to think they would stop with his sister.

  “I’m resigning from this case.”

  Maria stepped toward him. “Dan—”

  “No one can fault me for quitting after this.”

  Maria fell silent. To his surprise, she wasn’t going to argue.

  But Dinah was. “You can’t do that, bro.”

  “I sure as hell can. All I have to do is file a Withdrawal form. The trial hasn’t started. If Sweeney can’t find a lawyer, the judge will appoint someone—”

  “I guess I should’ve said that differently. I know you can do that. But you shouldn’t.”

  “You don’t know...as much about this...”

  “Dan, I don’t want you to quit.”

  He felt his eyes itching. “Dinah...someone attacked you.”

  “So we’ll all be more careful from now on. But you’re not a quitter, Dan. I know that. And frankly, neither am I.”

  “These are special circumstances.”

  “Are they? You told me our mission statement was to prevent people from being railroaded the way your father was. Because any miscarriage of justice proves the system isn’t working. Every miscarriage of justice weakens us all.” She clasped Dan’s hand. “Please, Dan. Don’t give in. I don’t want to be the reason you betrayed your core principles. You know what your dad said. Keep the faith.”

  “It’s not like we have a sympathetic client. We’re talking about Conrad Sweeney.”

  “And you’re his last hope. Even if he doesn’t deserve one.”

  Dan drew in his breath. He wanted to argue, but when he stared into those blue eyes, hearing her say what she said, even after what had happened to her—he couldn't.

  He turned. “We have to take this cartel down. Immediately.”

  Kakazu twisted his neck. “Easy to say...”

  “No. This time we have to do it.”

  “We’ve been trying for some time.”

  “I know you have. We both have. We’ve dented and dinged and interfered with their business. But it has to end. Totally.” He turned back toward his sister. “Or no one is safe.”

  Maria cut in. “Maybe we should let Dinah rest.”

  “In a minute.” He leaned toward his sister. “Anything else you remember? Any distinctive markings? Anything unusual?”

  “He was wearing a coat. Like a trench coat or something. Looked awfully hot for this climate. And he was holding a hammer. Threatening me with it.”

  Dan’s mouth went dry. “A—A hammer?”

  “Yeah. Mean looking. Ball peen job, I think.”

  Kakazu spoke softly. “I didn’t mention this before because I didn’t want to worry you, but...we had
a murder last night. That victim was also found in an alley. And it looks like he was beaten to death. Possibly with a hammer.” Kakazu turned his head away. “Bloody mess. Brutal. Face is like hamburger meat.”

  Dan looked him straight in the eye. “Same assailant?”

  “Possibly.”

  “And the victim?”

  Jake hesitated. It was clear he did not relish answering.

  “Come on. Spill.”

  Jake pursed his lips. “It’s Ray Carvel.”

  Dan’s eyes bugged. “Our star witness? The one I moved mountains to persuade to testify?”

  Jake nodded slightly. “I don’t think he’s going to be available for trial...”

  Chapter 25

  Normally Dan enjoyed being in the courtroom. He might not admit it, but he did. Even when he had a tough, impossible case—he liked the challenge. Courtroom battles got his blood flowing. He liked finding a way to solve the indecipherable puzzle.

  But not today. He should be in the hospital with his sister, not screwing around at the courthouse trying to....

  He could barely say it to himself. Trying to get the most despicable man on earth acquitted so he could run amok once again, creating misery and ugliness everywhere he goes.

  He didn’t try to speak to Jazlyn. He already had enough pain in his life. He understood her position but...that didn’t mean it hurt any less. He hoped their relationship would improve once this damnable case was over.

  Maria had arrived earlier. She was already sitting at the defendant’s table. Prudence was behind the rail, as usual. As he approached, he noticed Maria seemed to have less trouble being near Sweeney than he did. Her forbearance and tolerance put him to shame.

  The courtroom gallery was almost full, though he suspected that at least half of the people in the throng were reporters. He spotted one face he didn’t expect to see: Bernard Jamison. The coffin confessor and friend of Christopher Andrus. What brought him here?

  He decided to ask. “Surprised to see you this morning.”

  “Well, my workload has been light.”

  “No good funerals?”

  “Or art deals. Kit hogged most of that when he was alive, and he seems to still be doing it even though he’s dead.”

  “You’re going to need another whale. If you hope to make the kind of deals Andrus made with my client.”

  “I’ve been working on it. Hard to find people with that kind of money. But they do exist.”

  “And...that’s why you’re here today?”

  “Oh. No.” He glanced over his shoulder. What was he looking for? “I was just curious. I want to see that justice is done by Kit. I owe him that much.”

  Dan passed on to the defense table.

  “There he is,” Sweeney said. “The man of the hour. I was beginning to wonder if you were coming.”

  Today, since there would be a jury, Sweeney had been allowed to dress and groom. Prudence made all the arrangements. Even picked out the suit from what Dan guessed was an ample clothes closet. He noted that she had not chosen Sweeney’s trademark white suit. Too flamboyant for a jury?

  Sweeney leaned forward. “Let me say that I am horrified by what happened to your sister. If there’s anything I can do, just tell me. I don’t know what it would be, but I’m more than ready to help.”

  “Thank you,” Dan said, not really meaning it. “But Dinah is going to be fine.”

  “Thank goodness. Remember, Prudence is still on the outside. Anything you request, she can make happen.”

  “And I will,” Prudence added.

  “My client is lucky to have someone like you he can depend on,” Dan told her.

  Sweeney spoke before Prudence did. “Don’t I know it. I thank my lucky stars for her every day.”

  “She’s been with you for...”

  Prudence filled in the blanks. “Almost twenty years.”

  Sweeney whistled. “Where does the time go? When we first met, she was a college intern. I didn’t give her that much to do at first, but it didn’t matter. She found things to do. She made herself invaluable.”

  Dan spotted some action near the door to chambers. The judge was probably preparing to emerge. “I’m sure you’re familiar with general courtroom procedure—”

  “Maria explained our trial strategy,” Sweeney said. “Seems sound to me. In fact, Maria, I want to compliment you. You haven’t let the loss of our key witness hold you back.”

  She shrugged. “It’s what I do.”

  “You know, I could use someone like you in my organization.”

  Dan didn’t have to be a mind reader to detect Prudence’s reaction to that suggestion.

  “Please don’t make this awkward,” Maria replied. “I’m very happy where I am.”

  “I understand,” Sweeney said. “But if that ever changes, you come to me. I’ll find a place for you in my organization.”

  “If you still have an organization,” Dan couldn’t resist saying.

  Judge Smulders emerged from chambers and started the proceedings with the brisk and efficient manner that was apparently now his norm. He blew through the preliminaries with impressive alacrity.

  “Sounds as if we’re ready to begin. All parties prepared to select a jury?”

  Jazlyn rose to her feet. “The prosecution is ready, your honor.”

  “We are as well,” Dan replied.

  “Good. I’ll ask my clerk to call the first slate of venirepersons, and then you can begin questioning. Let’s see if we can get this done in less than a week, shall we?”

  * * *

  In fact, they were done in less than a day. The lead attorneys on both sides were extremely experienced, no one was playing games, and the judge kept a tight rein on the questioning. He didn’t wait for counsel to object to irrelevant questions. If he thought one of Dan or Jazlyn’s questions was a waste of time, he cut it off before the jurors answered.

  Dan was not accustomed to seeing a state court judge plunge so aggressively into the jury selection process. He was also surprised to see how much and how often Sweeney butted in. Most defendants kept their mouths shut and let the lawyers do their work. To be sure, Sweeney was not your average client and this was certainly not your average case. But he commented almost as often as Maria did. And most of what he said made sense.

  Sweeney took notes from Prudence, quietly passed over the rail. If you judged only by appearances, it looked like she cared more about what happened to Sweeney than Sweeney did.

  The most controversial moment came as Jazlyn questioned a middle-aged African-American woman on the front row. Without any discussion, Sweeney leaned forward and whispered, “Get rid of her.”

  Dan kept his head down and tried not to attract attention. “Why?”

  “She doesn’t like me. I can tell.”

  She doesn’t like you, Dan wondered—or you don’t like her? “I’m not seeing the problem.”

  “I am. Give her the heave-ho.”

  “If you could explain—”

  “As I understand it, you work for me. You’re supposed to implement my wishes.”

  “Yes, but—”

  “Get rid of her.”

  Fortunately, Maria was listening, because Dan was missing half the questioning. “Is this...a black thing?”

  “Of course not. I know there will be minorities on the jury. That’s why I didn’t wear a white suit.”

  Dan squinted. What?

  “But I will do better with real Americans. Successful Americans. People who are living by the fruits of their ingenuity. Not people who go through life asking for handouts and feeling entitled.”

  Oookay... “We still have three peremptory challenges. But since this woman is black, we’ll still have to assert a non-race-based reason. Removing a juror based upon race is forbidden by Supreme Court precedent.”

  “I’m sure you’ll be able to think of something. Get it done.”

  The rest of the jury selection went smoothly and predictably. By mid-afternoon, they ha
d a jury of twelve, plus six alternates. Dan had no idea whether it was a good jury for his client, but he thought they had eradicated all the obvious bias which, given the high profile of their client, was no small task.

  “Very good,” Judge Smulders said. “And we still have time left on the clock to knock out those opening arguments. Thirty minutes per side, and I will be keeping time. Madame Prosecutor, would you care to begin?”

  Chapter 26

  Dan watched as Jazlyn confidently strode to the jury box and positioned herself in the center, just beyond the rail dividing the attorneys from the jury. During the questioning, she had been friendly, cordial, and at times, even funny. He assumed she was trying to humanize herself, to fight against the stereotype of female prosecutors as ice queens. But all that was gone now. Her somber expression and no-nonsense language made it clear the fun was over and it was time to get down to business.

  “First of all, ladies and gentlemen, I thank you for your service, and I mean that sincerely. This trial will take many days and will require you to confront matters you would probably rather avoid. You will have to make tough decisions and give force to the law, to take the theoretical and make it real. It’s a hard job, so I thank you.”

  Off to a great start, Dan had to admit. Jazlyn was always good, but he hadn’t heard this bit before. Lawyers usually started by sucking up to the jury, but this had a note of sincerity that he could see played well with the people in the box.

  “As you have likely already gathered from the questions put to you, this case involves the worst of all possible crimes—murder. We will be asking for the death penalty, but as you hear about the crime, the motivations, and...the way the victim was killed, I believe you will understand why that ultimate sanction is necessary. Asking for anything less would do a great injustice to not only the victim but the criminal justice system itself. This case involves a heinous crime of the worst order. Most people would be incapable of exacting such brutality. When we find someone who is, it is vitally important that we take all possible measures to make sure that individual never has a chance to repeat his offense.”

  He noticed that Jazlyn slowly scanned the jury box as she spoke, not fast enough to make anyone seasick, but enough to make them all feel included, like she was speaking to each member individually.

 

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