Chapter 17

 

 

  “Morning, Abbie,” McCoy said as Carmichael passed the receptionist’s desk. 

  She walked past without acknowledging, a frown of concentration on her face.

  “Abbie?”

  Looking over her shoulder, she answered distractedly, “Oh. Hi. I didn’t see you.”

  McCoy joined her as they continued down the hallway. “Something wrong? You seem a little preoccupied.”

  Carmichael entered her office and set her briefcase on the desk. “I was just thinking about my case.”

  “Anything I can help with?” McCoy asked, settling into the overstuffed chair across from her desk.

  After hanging her coat, she sat down and sighed. “I’m almost finished presenting my witnesses and I don’t feel I’ve done enough to establish that Sara Grayson planned her husband’s death rather than acting on the spur of the moment with self-defense in mind. I still have the lawyer who drew up the guardianship agreement to put on, but I don’t think it’s going to be enough. I need a strong finish that’s going to stick in the jurors’ minds even after Calea puts on her version of the facts.”

  “Juries do sometimes have short attention spans. By the time the defense finishes putting on their case, they’ve forgotten a lot of what the prosecution had to say,” he noted. “Do you have anything in mind?”

  Carmichael rolled a pencil back and forth on her desk. “Yesterday, I went to see the Grayson’s daughter, Alissa, to ask her about the day of the murder.”

  “I thought you said Calea and the mother wouldn’t allow you to speak with the children.”

  “I didn’t ask Calea or the mother. I asked and received permission from the person who now has legal custody of the children, thanks to the guardianship papers Sara Grayson signed,” Carmichael explained. “I’ve decided to put Alissa on the stand and have her explain the things her mother did immediately before and after killing Mitchell.”

  McCoy’s eyebrows arched in surprise. “Don’t you think that’s kind of risky? If the mother really was being abused, the girl could get up there and convince the jury that her father got what he deserved.”

  “I know kids don’t make reliable witnesses and I know they tend to cover for their parents. But I spent some time talking with her and what she had to say would help my case. I think I can get what I want out of her.”

  “What you get out of her isn’t what should be concerning you,” McCoy reminded her. “On cross, Calea may drag all sorts of horror stories from the daughter. It’s what she gets the girl to say that you should be worried about.”

  Shaking her head, Carmichael said, “Calea won’t open that can of worms. She feels very strongly about kids testifying against their parents. She won’t ask Alissa anything about the specifics of the Grayson’s relationship. The most she will cross her on is what I ask, about the night of the murder.”

  Thinking back on what he had learned that weekend, McCoy wondered if Carmichael knew the story behind Morgan’s position. “What makes you so sure she won’t ask about the abuse?”

  “I know Calea. She told me once that she had to testify in a suit brought against her parents and doesn’t think any child should be put in that situation. She won’t ask Alissa any questions about her father.”

  McCoy knew she was probably right. But knowing the background behind Morgan’s decision made what Carmichael was proposing seem very unfair. “I think you’re taking a pretty big chance. Whatever her personal feelings, Calea is going to do what’s necessary to get her client off. The mother could insist that she ask the daughter specific questions. Even though they’ve indicated they won’t put any of the children on, I doubt they will pass up the opportunity to corroborate the mother’s claim if you do so. You could be providing them with the means to win the case.”

  “And maybe the reason they don’t want to put any of the children on the stand is because the children have nothing to say that the defense can use,” Carmichael insisted. “Maybe there was no abuse. The mother could be making the whole thing up. Alissa didn’t say anything to me about her father mistreating her mother when I spoke with her.”

  McCoy grew thoughtful. “Given everything you’ve seen and heard to this point, do you think Sara Grayson was abused?”

  Carmichael shrugged. “I think the word ‘abuse’ is overused. It’s been applied to everything from beating someone to death, to raising a voice in the heat of anger. And whether I believe Sara lived in an abusive situation or not is immaterial. Mitchell Grayson may not have deserved sainthood, but he also didn’t deserve to be stabbed to death while he slept. Whatever her circumstances, Sara had other options.”

  Standing up, McCoy said, “You’re taking a big risk putting the girl on, Abbie. I hope it doesn’t blow up in your face.”

  Grabbing her briefcase, Carmichael stalked over to retrieve her coat. “Yet another vote of confidence. Thanks, Jack. Given how difficult this decision was to make, I really needed that.”

  Turning around at the door, McCoy said indignantly, “I’m not questioning your abilities, only your judgement. You know why Calea feels so strongly about children taking the stand against their parents. You’re using something you know about her personal life against her and I don’t think that’s right.”

  “Aren’t you the one who told me to use what I know of my opponent to my advantage?” she asked defensively.

  He shook his head. “This is different. You’re forcing her in between a rock and a hard place with this witness, based on information she shared with you in confidence. At least, I’m sure she thought it was in confidence.”

  “Would you rather I lose the case? I thought winning was the object of the game,” Carmichael pointed out angrily.

  McCoy regarded her for a moment, then said quietly, “Take it from someone who’s been there, sometimes the stakes are too high. You stand to lose a lot more than a case here.”

  Carmichael took a deep breath and let it out. Looking up at McCoy, she said, “I know what I could lose. Why do you think the decision was such a hard one to make?”

  Reading the conflict in her eyes, McCoy nodded slowly. “I hope things work out.” As Carmichael prepared to follow him out, carrying her coat and briefcase, he asked, “Leaving already? I thought you didn’t start until 9:00.”

  “I left the notice to add Alissa to my witness list with security at Calea’s office yesterday. She usually stops by there before court every morning. I thought I’d wait for it to hit the fan down at the court building; makes it easier for her to find me.”

  McCoy gave her a half smile. “Better take an umbrella. You’re going to need it.”

***Morgan’s quick footsteps rang out in the almost empty courtroom. Dropping her briefcase with a thud onto the table opposite where Carmichael was sitting, she addressed her angrily.

  “What about the words ‘off limits’ do you not understand? I made it clear to you that my client would not give her permission for you to speak with her children.”

  Carmichael sat back and regarded her calmly. “I didn’t need your client’s approval. I received permission from Sandy Hamilton, the woman your client appointed as legal guardian of her children.”

  “Sara didn’t sign over her rights as parent. The agreement between her and Sandy was a temporary one. It deals specifically with the care of her children in the event of her death or incapacitation. She is still the children’s mother and as such, has the right to decide what’s in their best interest.”

  “Sara is in jail,” Carmichael reminded her. “She can’t take care of her children at present. I was within my legal right to question Alissa with the guardian’s permission.”

  “You flexed your prosecutorial muscle and coerced Sandy into giving her permission,” Morgan accused. “She didn’t feel she had a choice.”

  “I didn’t coerce anyone,” Carmichael countered. “Sandy Hamilton gave consent of her own volition.”

  “Save that speech for a stranger, Abbie. I know you better than that.” She turned to snatch a paper from her briefcase. Tossing it onto the polished table in front of Carmichael, she added, “This is my motion to suppress. I’m going to prevent you from calling Alissa as a witness and from using anything she said to you. We meet with Judge Yee in thirty minutes.”

  Carmichael unfolded the paper and scanned it as Morgan walked from the courtroom. Shaking her head, she refolded the blue coversheet. She had a feeling things were going to get worse before they got better. 

***Judge Yee sat behind her desk, studying the document in her hand. “The agreement does specify that it is valid only on a temporary basis, until more permanent arrangements could be made with Mrs. Grayson’s family, in the event of her death or permanent incapacitation.” She laid the paper on her desk and removed her glasses. “But I have to agree with Ms. Carmichael. At this time, Mrs. Grayson is essentially incapacitated where her children are concerned. She isn’t capable of caring out her duties as parent from prison. As far as I can see, Mrs. Hamilton does in fact have legal guardianship of the children, as per the contract. Her permission to question the minor was all Ms. Carmichael needed.”

  “Your Honor, the wishes of the girl’s mother have to take precedence here,” Morgan argued. “Mrs. Grayson is extremely concerned about the effect that testifying will have on the emotional well-being of her child.” 

  “I’m sorry, but your client is the one who made the custody arrangements. I’m simply enforcing the agreement she put into place. I’m ruling Alissa Grayson’s statements admissible and allowing the prosecution to call her as a witness.”

  Morgan handed a document across Yee’s desk. “I only received this notice to add Alissa Grayson to the prosecution’s witness list this morning. It will take time to review the statements she made. I request a continuance.”

  “The statements are fairly simple, Ms. Morgan. You have the rest of the day,” the judge granted. “We’ll resume at 9:00 tomorrow morning.”

  The two attorneys exited Judge Yee’s chambers together. Carmichael stepped out into the hallway ahead of Morgan and waited until the door was closed before saying lightly, “I don’t suppose you’ll want to meet and go for a run tonight.”

  Morgan glared at her angrily, then turned on her heel without a word.

  “I’ll take that as a ‘no’,” Carmichael said to herself as she turned in the opposite direction.    

***McCoy knocked softly on the frame of Morgan’s open office door. “Anybody home?”

  Morgan visibly jumped and spun around from where she had been standing in front of the window. “Jack! You nearly scared me to death!”

  “I’m sorry. I was sure you had heard me come in.”

  Recovering her composure somewhat, Morgan returned to her chair. “Well, I didn’t. How did you get in here, anyway? I thought the front door was locked.”

  He casually walked toward her desk, hands in the pockets of his jeans. “I caught Melissa downstairs as she was leaving. She let me in.” Taking note of her dejected look, he sat down across from her desk. “Rough day?”

  Morgan shrugged. “I’ve had worse, but it could have been better. What brings you here?”

  “I stopped by to see if I could talk you into having dinner with me tonight.”

  She shook her head. “I would be pretty poor company. I was planning to finish up with a couple of things and head home to a hot bath. Maybe some other time.”

  “Are you sure? Can’t I tempt you with some pasta or something?”

  “I don’t feel very sociable tonight. Can I take a raincheck?”  

  He smiled and nodded. “That could be arranged. But since you turned me down, I need a ride home. The cab I took over here is long gone and it will take forever to get another. Do you mind dropping me at my place?”

  “Not at all. I just need to gather some notes for tomorrow.” As she began to clear her desk, she asked, “How did your day go?”

  “It went well. We started on the circumstantial part of our evidence today and the defense wasn’t able to shoot any major holes in it. So far, so good.”

  His dark eyes followed Morgan as she got up to return a file to a cabinet behind her desk and pack the last notes into her briefcase.

  “I think I’m ready,” she informed him.

  McCoy followed her down the hallway and out of the offices, holding her briefcase as she locked the door.

  On the way down the stairs he asked, “Did Drew and Grace get to the airport all right yesterday?”

  “Yes, they did. They both said to tell you what a great time they had the other night. And Grace said she had an especially good time Friday.”

  With a grin, he said, “I like Grace. She’s all right. Did you know she carries a gun?”

  She nodded. “I’m the one who helped her get the permit and I don’t think Drew has ever completely forgiven me for doing so. He was really against it. But she took a gun safety course and I had her speak with a couple of cops I know. It wasn’t a hasty decision and she’s handled the whole thing responsibly.”

  “Well, I for one wouldn’t want to be on her bad side,” he acknowledged.

  When they reached her car, Morgan handed McCoy the keys, allowing him to drive. On the way to his apartment, she was quiet and he found himself doing most of the talking.

  Once they reached his place, instead of pulling to the front, he parked around the corner in the tenant’s parking area. After turning off the ignition, he kept the keys in his hand. “I have a confession to make: Asking you to bring me home was only a ploy to get you here. Before I came to your office, I stopped and picked up some dinner for the two of us. It’s waiting inside. Since I don’t care for vegetable ravioli, if you don’t come in and eat it, it will go to waste. After all the trouble I went to, you wouldn’t want that to happen, would you?”

  Morgan let out an exasperated sigh. “What happened to taking a raincheck? I’ve had a rotten day and I’m in a lousy mood. I need to go home.”

  “I’m not asking you to entertain me, just to come in and have dinner.”

  “Jack…”

  “I asked around. This is supposed to be one of the best Italian dishes in Manhattan,” he interrupted. “Come on. You know you’ll feel better once you’ve had something to eat.”

  Reaching up to rub the back of her neck, she sighed again. “Okay, okay, you win. But don’t be upset if I eat and run. It’s been a really long day.”

  He smiled. “I promise not to keep you too late.”

  McCoy led the way into the building and then his apartment. He was glad he had spent time cleaning over the weekend; it hadn’t had time to get too messy.

  “Why don’t you take off your coat and make yourself comfortable,” he suggested once they were inside. “We can either sit at the bar or on the floor at the coffee table. Your choice.”

  Leaving her shoes by the door and her coat on a chair, she followed him to the kitchen. “The floor is okay with me, if it’s all right with you.”

  “The floor it is,” he agreed, hanging his jacket on the back of a barstool. “I’ll let you take the food to the living room while I get us something to drink.”

  When they were settled across from each other with McCoy sitting between the table and the sofa, Morgan said, “Your source was right. The ravioli is excellent. And thanks for picking it up. To be honest, I really didn’t feel like going home and scrounging. I didn’t have time to shop or cook over the weekend and my cupboard is bare.”

  “I knew you hadn’t had the best day, so I thought you could use a break.”

  “And how do you know about the kind of day I’ve had?” she asked curiously.

  He shrugged. “I spoke with Abbie after court. I know what she’s planning to do tomorrow and I know you can’t be too happy about it.”

  “Now there’s an understatement.” Morgan picked at her food absently, staring at her plate. “I spent the day trying to decide what I should do: sacrifice the daughter by asking her to tell the world what a low-life her dad was in order to save her mother, or refuse to use her to back up what her mother is going to say when she takes the stand. And more than anything else, I resent being put in the position of having to choose.”

  “I thought you might be having a tough time with this,” McCoy noted.

  She shook her head. “I feel as though Abbie is using something against me that she only knows as a result of our friendship. I haven’t told her how it came about, but I did tell her I had to testify against my father when I was a kid. She knows how I feel about putting children on the stand. It’s as if she’s testing me, intentionally backing me into a corner. In the statements she sent over, she never once asked Alissa about the abuse. I thought she would have done so for her own peace of mind, if for no other reason. I told her from the start that Alissa admitted the abuse to me. Abbie has to know I can find a way to bring it up when Alissa is on the stand. I can’t figure out what she’s thinking.”

  Since he was beginning to feel a pinch of conflict in presenting a united front, he sidestepped the issue by asking, “What does your client want you to do?”

  “She’s torn. She doesn’t want her daughter anywhere near the trial, but she realizes that Alissa could really be instrumental in getting her out of all of this and back to her family. Alissa is terrified, but says she’s willing to answer whatever I ask. So Sara is leaving the decision to me; she says she trusts I’ll do what’s right.” Morgan huffed out a breath. “As if I know.”

  McCoy watched her play with her food for a moment and then suggested kindly, “Maybe you’re making this harder than it has to be by allowing your past to cloud your judgment. If you were to look at the situation a little more objectively, it might make your decision easier.”

  “So it’s objectivity that I’m lacking when I have a problem with publicly humiliating a fifteen year old girl,” she reasoned with a hint of sarcasm.

  He leaned toward her. “What happened to not taking what happens in the courtroom personally?”

  “I’ve never made that claim,” she reminded him with a slight smile. “You’re the one who made a statement to that effect, remember? I take some things very personally and I don’t mind admitting it. I’m also well aware that my past is influencing my view of this situation, but there isn’t much I can do about that.”

  “You have to find a way to set aside what you feel and look at things more dispassionately.”

  “Like you do?” she suggested pointedly.

  “I’ll agree that there are cases that affect me, but for the most part I don’t allow myself to take my job or things that happen in the courtroom personally,” he insisted.

  Morgan looked at him skeptically. “I seem to remember hearing some stories that would seriously contradict that claim. Whether you choose to admit it or not, you take things personally, too, and your past experiences have a lot to do with the decisions you make every day. We are all products of our individual histories; it’s what shapes us into the people that we are and how we view the world. And since all of our decisions are affected by personal experiences, complete objectivity is just not possible.”

  “I don’t agree with you. Judges make objective decisions all the time. So do juries. Objectivity is possible, you just have to work at keeping personal feelings and experiences in their place,” McCoy explained.

  She rolled her eyes. “Right. How many times have you been shot down by a judge with a personal agenda, or had a jury be swayed by emotion rather than the facts presented? We can’t separate who we are from how we perceive the world around us. The most we can hope for is a certain degree of impartiality.”

  Deciding that it was something not worth arguing over, McCoy chose to change the subject. “Speaking of decisions, have you considered the precedent it will set if you get your client off? How are we supposed to handle the next case where a woman kills her unsuspecting husband, then uses abuse, or mental duress, or PMS as an excuse?”

  “You will handle it the way you always have,” she answered matter-of-factly, “on a case by case basis, carefully weighing the facts and making an unbiased decision.”

  McCoy’s eyebrows shot up. “Did I hear a compliment in there somewhere? You make me sound as wise as Solomon himself.”

  “I was making a general statement. You shouldn’t take things so personally,” she quipped.

  He chuckled, then grew quiet. After a moment he asked, “Do you honestly think Sara Grayson was justified in killing her husband?”

  “I don’t know,” Morgan admitted. “Everyone has their breaking point and she did put up with him for a long time. I do think that everything she and her children have had to endure is punishment enough, though. In no way is she a threat to society; putting her in prison on top of all that she’s been through is just wrong.”

  “Maybe, but my mother put up with my father for a lot longer and she didn’t resort to killing him. And you didn’t kill Frank,” he reminded her. “I find it hard to justify your client bypassing the system and meting out justice the way she saw fit.”

  “There were plenty of times when I felt the only way out of my situation was death,” Morgan admitted quietly, “either mine or his. Your mother and I may not have killed our husbands, but I can guarantee you that we both felt a sense of relief when we realized they could no longer hurt us.” 

  McCoy sadly nodded his agreement. “I don’t think my mother truly felt that until after my father died.”

  “For me, I think that moment came when you told me Frank was going to go to prison,” she acknowledged. “I only hope I can earn my client an acquittal so she can come to the same realization about her husband. Right now, she’s still very much feeling the effects of Mitchell Grayson’s abuse.”

  “So what are you going to do about the daughter?”

  With a long sigh, Morgan pushed her plate aside. “I’m going to toss and turn all night, change my mind at least half a dozen times, then play it by ear tomorrow. I probably won’t make a final decision until after Abbie has questioned Alissa and I see how she does on the stand.”

  “Sounds like the way I work things out sometimes.” Leaning back against the couch and stretching his arms out on the cushions, he added, “I hope you won’t allow all of this to affect your off-the-clock relationship with Abbie. The two of you are good friends; I’d hate to see that change due to a little courtroom spat.”

  “We’re not six year olds fighting over whose Barbie has the better clothes, Jack. I told her Sara’s kids were in no shape to testify, but she chose to go ahead anyway, without any regard for their welfare. I think what she’s doing is unconscionable,” Morgan stated resolutely. Then with a shrug, she added, “But I’ll get over it, eventually.”

  “I’m glad to hear that. I know how women can hold grudges.”

  Shaking her head, Morgan said, “There you go with your preconceived misconceptions about women again. When are you going to learn that some of us are different?”  

  “Oh, you’re all different,” he agreed. “That’s what keeps us men guessing and reaching for the hard liquor.” He felt the same sense of pleasure at her quiet laugh as he had before. “You didn’t eat much. Do you want me to wrap it up for you to take home?”

  “Yes, I’ll definitely take it with me. It’s too good to leave behind with someone who doesn’t like veggie ravioli.” As she picked up her plate and glass, he did likewise, following her to the kitchen.

  When the food was wrapped and the dishes put away, they made their way back to the living room. Morgan placed the plastic bag containing her pasta on a small table next to the door. McCoy stood beside her in front of the sofa.

  “Would you like to watch a movie or just talk for a while? It might take your mind off of work. A little diversion can sometimes help put things into perspective.”

  She moved away and picked up her shoes. “That’s a tempting offer but I’ll have to pass. I have to be up early in the morning.”

  “Anxious to get started on all that tossing and turning?” he teased.

  Morgan smiled. “Given the kind of day I’ve had, I should’ve run tonight, but I had a late client and then you showed up. So now I have to go home and try to soak some tension away. The tossing and turning will come later.”

  She sat down in the chair beside his grandfather clock to put on her shoes.

  McCoy stood watching her. “What time is Abbie putting your client’s daughter on tomorrow?”

  “Besides Alissa, she only has one other witness left to call: the attorney who drew up the guardianship agreement for Sara. I can’t see his testimony being of any great length, so unless she springs another surprise, I think she’ll wrap up the People’s case by noon. I’ll probably start calling defense witnesses as soon as we return from lunch.”

  As she picked up her coat, he suggested, “Why don’t I come by and get you for lunch? The two of us can find somewhere quiet to eat and you can tell me how things turn out.”

  When he had helped her into the coat, she turned to face him. “Let’s play it by ear. I may not be in the mood for conversation by the time it’s all over with.”

  McCoy smiled and nodded. “All right. I’ll stop by when we break for lunch and you can let me know then what you decide.” He stepped into his shoes and opened the door for her.

  As they walked out of his building and into the chilly night air, she said, “Thank you for dinner this evening. What you did was thoughtful and I do feel better after having eaten. Thanks for lending an ear, too. I’m sorry I wasn’t better company.”

  “You’re welcome for the food, and you don’t need to apologize for anything. I enjoyed tonight. It’s nice to know I’m not the only one who sometimes struggles with a difficult decision regarding a case. Anytime you need to talk to someone, you know where to find me.”

  When they reached her car, he pulled her keys from the pocket of his jeans, unlocked the door and then handed them to her.

  “Thank you,” Morgan said. “I’ll probably see you tomorrow. Enjoy what’s left of the evening.”

  “You too. And try not to worry too much. Things will work out,” he assured her.

  She nodded and got into the car. “Good-night, Jack.”

  “Good-night, Calea. Drive safely.”

  When she pulled away, he stuffed his cold hands into his pockets and quickly returned to the warmth of his apartment.

 

Home   Chapter 18