Chapter 7

Carmichael set her briefcase on the leather sofa across from McCoy's desk and began to put on her coat. "Brenda called and wants to meet at Riker's in an hour. I'm going to grab some lunch on the way. Arnold Hansen is supposed to stop by and review his testimony for the Armstrong case at 1:00. Serena is going to take care of it for me. I told her if she had any questions she should ask you."

McCoy huffed out a breath and gave her an exasperated look. "I don't have time to answer questions for your trainee. Can't you reschedule with Brenda or have Mr. Hansen come in after you get back?"

"Serena can handle it," she assured him. "She's doing very well. I've had her work with me almost every step of the way on this case. Don't worry; she won't bother you unless she gets into trouble."

As Carmichael picked up her briefcase and headed out of his office, McCoy muttered under his breath, "That's what I'm afraid of."

***Radcliffe was sitting with her client at the conference table in one of the small consultation rooms of Riker's Island Correctional Facility when the guard allowed Carmichael entrance. She nodded as the A.D.A. approached the table and sat down.

"Abbie."

"Brenda, Mrs. Grayson. I have another appointment this afternoon, so why don't we get started?" she suggested.

"I won't be staying for this meeting," Radcliffe told her. "I'm only here to inform you that Sara has retained new counsel."

Carmichael folded her arms. "When you called, you led me to believe your client was ready to negotiate a plea. If that wasn't true, why did you have me come out here? I have better things to do than wait around for another lawyer to show up."

"You don't have to wait. She only stepped out to make a phone call and will return in a minute." Radcliffe focused on a point behind Carmichael. "In fact, she's here now."

The door behind Carmichael rattled as the guard opened it. She turned to look over her shoulder and her dark eyes followed the other attorney as she walked around and took a chair on the opposite side of the table.

"You're taking this case?"

Morgan nodded and produced a sheet of paper. "Here is our notice of substitution, signed, sealed, and delivered."

Radcliffe stood up. "And that's my cue to take off. Nice seeing you again, Abbie. Good luck, Calea." She turned to Grayson. "I hope things work out for you, Sara."

As she left, Carmichael continued studying Morgan, trying to predict how the change of events was going to affect their meeting. "Brenda indicated that Mrs. Grayson was ready to talk about a plea on the second degree murder charge. Is that still the case?”

With a shrug, Morgan said, “New player, new game. You should know all bets are off. And before we discuss charges or pleas, Sara has something to explain.”

“We have a tape of the confession she made to the police. Seems pretty self-explanatory to me.”

“And did you read the follow-up reports Briscoe and Green sent to your office yesterday?”

“Yes,” Carmichael admitted. “But it was my understanding that Sara refused to confirm any of the information they gathered."

"Things have changed. She doesn't deny responsibility for her husband's death, but there are pertinent facts that she has failed to disclose until now."

"Until you took over the case?" Carmichael suggested coolly.

With a humorless smile, Morgan answered, "Until someone explained to her that she did, in fact, have options." She turned to Grayson. "Sara, please tell Ms. Carmichael about Mitchell."

Grayson nervously pushed her hair behind one ear then twisted her fingers together. With a great deal of hesitation, she began, "When we were first married, my husband would hit me once in a while. It wasn't very often and it was only when I had done something wrong. He never really hurt me..."

Morgan put her hand on Grayson's arm and shook her head. After a moment, Grayson took a deep breath and began again.

"Throughout out marriage, Mitchell has always hit me. About ten years ago, he joined the Fellowship of the Harvest. After that it began happening on a regular basis. He said it was his responsibility in the eyes of the Lord to teach his family right from wrong. That's what we were all taught at the Fellowship. I soon learned that almost all of the women within the group suffered the same thing. Physical punishment was a big part of their training. Mitchell disciplined my children and me often. But even though he sometimes punished them a little too harshly, the things he did to me hurt the children more. They've watched him hit me all of their lives. I guess I convinced myself that it wasn't really affecting them. But a few weeks ago, my husband and I had an argument and he beat me very badly. Afterwards, my son, Alex, told me he wanted to kill his father. That's when I knew I had to act."

"Your son talked about killing your husband?" Carmichael asked. The other woman nodded her consent. "How old is he?"

Mrs. Grayson's eyes filled with tears before she answered shakily, "Twelve."

"And will your kids back up your story of the abuse?"

"Sara's children won't be participating in her defense," Morgan answered.

"Are there any other eyewitnesses?"

Grayson shook her head.

"Then all we have is your word and some questionable circumstantial evidence that your husband was abusing you," Carmichael observed. "And if what you say is true, why didn't you take the children and leave? You could have gone to a shelter and called the police."

"I left Mitchell once. He waited for me outside of my work and forced me into our car. When we got home, he broke my arm and said that if I ever left again, he and the others at the Fellowship would track me down no matter where I went, and he would do worse. I had to think of my children."

As Grayson sat wiping her eyes and trying to regain her composure, Morgan put her arm around the other woman's shoulders consolingly and added, "Mitchell Grayson signed an agreement with one of the other members of the Fellowship to give that person guardianship of their children in the event of his death or extended absence. It seems that was standard procedure with all the members to ensure that their wives would remain loyal, and the children would continue to be taught their beliefs. Sara was reluctant to say anything about her husband's abuse for fear the agreement he signed was legally binding and she would lose her children. That's also why she had her friend Sandy Hamilton sign an agreement to temporarily become their legal guardian."

Carmichael studied Grayson for a moment before asking, "What kind of deal are you looking for?"

Morgan sat forward in her chair. "Sara acted in defense of her children and herself. We want the charges dropped."

"She killed her husband while he was asleep. She can't claim she was in imminent danger," Carmichael argued. "And she admitted on tape that her husband didn't abuse the children, only disciplined them when necessary. They weren't in immediate danger either. Dismissing the charges is out of the question."

"She lived with Mitchell Grayson's abuse for over twenty years. He terrorized the entire family; they all lived in fear. Their son had already made his feelings about his father clear to Sara. If Mitchell had attacked her again, who's to say Alex wouldn't have retaliated and been injured or worse himself? And Mitchell was planning to arrange a marriage between his oldest daughter and another member of the Fellowship. She would surely have been facing the same abuse as the other women who belonged to the group. When it became obvious to Sara that her children were in danger, she took the first available opportunity to act. That her husband was asleep when she did so only shows the depth of her fear of him."

Carmichael shook her head. "Without her children's corroboration or other irrefutable proof, we only have her word. The best I can offer is man one."

"That's totally unacceptable," Morgan insisted. "If we take it to a jury, we'll have no problem proving she acted in self-defense. We will accept nothing less than a complete dismissal of all charges."

After regarding Morgan for a moment, it was clear to Carmichael that neither was going to change the other's mind. "I can't make that decision," she said, standing up. "I'll talk it over with my superiors and get back to you."

"All right. If you wouldn't mind waiting outside for a moment while I finish with my client, we can set up a time to meet," Morgan suggested.

Carmichael left the two alone and slowly started for the sign-out area. After a few minutes, she glanced back down the hallway to see the women emerge and go their separate ways, with Morgan heading toward her.

“‘Ms. Carmichael?’ A little formal, aren't we?" she asked when Morgan had reached her.

Morgan gave her a quick smile. "I have to keep up appearances. If my clients were to find out that I fraternize with the enemy, it could be bad for business."

"Thanks," Carmichael said sarcastically. "Why didn't you mention that you had taken Sara Grayson as a client when we ran last night?"

"I hadn't made up my mind about accepting the case. It came up very suddenly."

As they signed out and returned their identification badges, Carmichael asked, "How did you find out about it, anyway?"

"You know how news travels around the criminal courts building; nothing is sacred."

"You don't hang out at the criminal courts building," Carmichael reminded her.

"So I don't," Morgan agreed. "Let's just say a little bird told me."

"A little bird?"

"Then a big bird, if you prefer. How I came by it doesn't really matter. What's important is that Sara Grayson is my client now." Morgan sighed. "I do hate coming in late on a case, though. So much time is wasted on damage control. Why can't people learn to exercise their right to remain silent?"

"And deprive defense attorneys of the joy they get from seeing the D.A. build a case on a confession, only to have it thrown out? Not that you should get any ideas; your client turned down the right to counsel three times and confessed of her own free will. Her admission is here to stay."

"Yeah, well, the confession doesn't bother me as much as the lack of bail," Morgan grumbled. "Driving all this way is a huge waste of time. If the P.D. had bothered to have more than a two-minute conversation with Sara before arraignment, she would have been able to effectively argue for bail. I don't suppose you could be persuaded to change your mind about that?"

Carmichael shook her head as they reached the parking lot. "Your client is right where she needs to be." She added brightly, "Maybe you could take the bus on your next trip out here. It will give you a chance to get caught up on some reading."

Morgan rolled her eyes. "You're just full of helpful hints today, aren't you? Since I get carsick at the drop of a hat, I can only imagine what my stomach would do on a bus. Why don't you save us both some gas money and talk Jack into dropping the charges against Sara? Or is it you who needs to be talked into it?"

"I don't think you have a snowball's chance of talking either of us into that. Your client freely admitted her guilt to begin with, and only now changed her story about the reasons for her actions. I've given you my best offer. Don't expect to hear anything different after I discuss it with Jack."

"Come on, Abbie. You know there's no way you can win if we go to trial," Morgan insisted upon reaching her car.

"Is there any chance of your client changing her mind about her children testifying on her behalf?"

"No, and even if she wanted to allow them, I would do everything within my power to prevent it. Her kids have been through enough without subjecting them to an inside view of the criminal justice system. The last thing any child should be expected to do is testify against a parent, dead or otherwise."

"In that case, it's only your client's word, which is now different from her initial statement to the police. Our tape of her confession would be very difficult to explain away to a jury. I would think you'd want to avoid a trial."

"Me? Avoid a trial?" Morgan asked with a smile. "I happen to love the courtroom and I'm certainly not interested in a quick disposition with an ill-advised plea bargain, just to be able to say I've closed another case. You're not dealing with Brenda Radcliffe anymore, Counselor. What is it they call her? Bargain Basement Brenda?" Her smile faded and her eyes grew serious. "Now you're dealing with someone who's willing to do whatever is necessary to make sure that Sara Grayson gets justice. She's been punished for the last twenty years. That's more than enough. And after hearing her story in her own words, there isn't a jury in the world that will vote to convict."

Carmichael sighed. "I'll give you a call after I talk to Jack and Nora. Are we meeting at the regular time this evening?"

"I should be able to make it," Morgan agreed. "Let me know if you get tied up."

"You do the same," Carmichael responded, continuing across the parking lot to her own car.

***After having received a request for his presence, McCoy walked through the open door of Lewin's office to find Carmichael seated across from his boss. "What’s up?"

Lewin waved him to the sofa and continued studying the file spread on her desk. "Abbie has been telling me about her meeting with Sara Grayson and her attorney."

"What did Brenda agree to?" McCoy asked Carmichael as he sat down.

"Mrs. Grayson has new counsel," Carmichael answered. "Calea is representing her."

McCoy's eyebrows shot up. "How did she get the case? And why? I thought Brenda had indicated that her client was ready to talk about a deal."

"So did I. But when I got there, Calea took over. And she wasn't willing to talk deal." Carmichael nodded to Lewin. "I was explaining to Nora that there's a chance Briscoe and Green might be right about Sara being abused." She quickly related the events of the meeting, adding, "Calea wants the charges dropped on the grounds that Sara was acting in self-defense."

McCoy shook his head in amusement. "Whether she was being abused or not doesn't change the fact that she stabbed her husband to death while he was sleeping. What was she in fear of at that moment? Excessive snoring?"

"Calea is arguing that Sara was so terrified of her husband, she had to wait until he was asleep before the opportunity to defend herself and her children presented itself."

McCoy swore under his breath. "That argument could work. Did you make an offer?"

"Man one."

He shrugged. "Offer man two. We could probably let her off with a couple of years and probation."

"For a murder?" Carmichael asked incredulously. "We have Grayson's taped confession. That will go a long way with a jury."

"You want to take this case to trial? With the evidence our own detectives uncovered to support the abuse claim, the defense's case is already half made. If the cops who brought her in have reasonable doubt, how difficult do you think it's going to be for a jury to buy her story?" McCoy argued.

"The evidence of abuse is circumstantial at best. Without any eyewitnesses she can't prove it ever happened. That she said one thing in her confession and something else now doesn't exactly lend her credibility," Carmichael countered. "She could've coached Sandy Hamilton on what to say to the cops, and used what she knew about the reputation of the Fellowship of the Harvest members to fabricate a defense."

Before McCoy could respond, Lewin held up a piece of paper from the file. "The M.E. says that Mitchell Grayson died instantly with a single stab wound straight through the heart. What are the odds of that happening on the first try?" When Carmichael looked at her blankly, she added, "Didn't you say Mrs. Grayson worked in several doctors' offices? Maybe she did some research and knew exactly where to aim."

Carmichael nodded. "I could see if she asked anyone she worked with about that. If she did, it could show premeditation. Also, Sandy Hamilton signed the guardianship papers on the Monday after Sara killed her husband, and it wasn't a fill-in-the-blank agreement. It was very specific. How many lawyers draw up papers like that while you wait? Those kinds of documents usually take several days for an attorney to draft. Maybe she had them in the works before she committed the murder. That could also show that she had made plans before she acted."

"The two of you can't possibly think that taking this case to trial is a good idea," McCoy stated. "All the defense needs is one hospital report to prove that Mrs. Grayson was abused, and then everything else can be explained."

"I'm not saying more research isn't needed before we make a decision," Lewin agreed. "But I'm not sure that what this woman did only warrants a man two charge. And if the defense refuses to accept anything other than dropping the charges, I don't know that we'll have much of a choice. I think we can all agree that with what we know so far, letting Mrs. Grayson walk is not an option. Why don't we let Abbie do a little digging and see what she comes up with? It may be easier to make the case against Grayson than we think."

McCoy stood up. "Fine. But we've worked with this attorney before and believe me, by the time Abbie and I finish with the Armstrong trial, Calea will have come up with all the evidence she needs to win her client an acquittal."

Lewin exchanged a look with Carmichael and said, "Actually, we've been discussing changing Abbie's case load up a bit." Meeting McCoy's questioning look, she added, "She's expressed an interest in trying the Grayson case on her own, if we do indeed decide to go to trial. She seems to know the other attorney well and feels she can handle the case successfully. And if she's free, that will also mean we can request an earlier trial date. I'm inclined to think it's a good idea."

"And who am I supposed to find to fill the second chair for the Armstrong trial at this late date?" McCoy demanded. "Jury selection starts next week."

"Serena Southerlyn can take over for me," Carmichael suggested. "She's worked with me on it so much, she almost knows more about the case than I do."

"She's only been in this office for a year," McCoy reminded her with growing annoyance. "She doesn't have enough experience to be of any real help to me in the courtroom. I need someone I can count on."

"Everyone has to start somewhere, Jack. She's never going to get trial experience unless someone is willing to give her a chance." Carmichael gave him her sweetest smile. "And who better to teach her than you? She may as well learn from the best."

"Now how can you argue with that?" Lewin asked, unsuccessfully trying to suppress a smile of her own at Carmichael's blatant attempt at flattery. Noting the skepticism on McCoy's face, she said, "This entire discussion may be moot, anyway. If at the end of our investigation it looks like Sara Grayson did act in self-defense, we may have no choice but to drop the charges. Abbie can take tomorrow and the first couple of days next week to see what she can come up with. If at the end of that time it looks like we have a case, then we'll decide who handles what."

McCoy was the first to head for the door with Carmichael close behind. She knew he was unhappy and felt his annoyance with her was unjustified. She had handled the Grayson case from the start and had every right to pursue it as she saw fit. Maybe she should have spoken to him before approaching Lewin about trying the case herself, but his attitude had put her in defensive mode and she was not about to back down.

As if he were reading her mind, McCoy said, "It's a waste of time. You know Calea's history. If you go to trial, she'll win."

"Thanks for the vote of confidence. And would you mind explaining to me what her lawyer has to do with whether or not Sara Grayson is guilty or innocent?"

"Who the lawyer is doesn't have anything to do with a defendant's guilt or innocence," McCoy agreed, striding into his office. "But who the lawyer is does have a bearing on the case. We take that into consideration all the time. With some defense attorneys, we know we'll have to work harder to win than with others. And some are a lot better judges of their chances in front of a jury. Why do you think Calea took this case? You have a very competent lawyer who also happens to have a great deal of personal experience with what the defendant had to face every day of her married life. She knows that between her and her client, she'll be able to wrap the jury around her little finger. And there won't be a thing you can do to stop it."

Carmichael folded her arms indignantly. "Then what do you suggest I do? Pat Sara Grayson on the back and let her walk?"

McCoy regarded her for a moment and then sighed. "No. You should do what you've planned. Poke around, see what you can find out.”

His sudden change of attitude left Carmichael only slightly less defensive. “And if I find out that Sara Grayson planned her husband’s death, then will you agree that I should take the case to trial?”

“If you find that kind of evidence, you will take it to Calea and try to work out a plea. Even if Grayson didn’t act in self-defense, you could still lose a trial.” Noting the look on her face, he added more kindly, "And it has nothing to do with your courtroom skills. Some cases are simply not winnable. And in my opinion, this is one of those cases."

"Would you still say that if some other defense attorney was handling the case?" Carmichael asked pointedly.

He sat down at his desk and looked up into her intense eyes. "Some other attorney isn't handling the case, Abbie. Knowing your opponent has advantages. Use your advantage to avoid making a mistake."

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