Chapter 16

Wednesday morning, Mr. Stevens gave his testimony. He started with telling about seeing a man with gloves and a toolbox enter the Fairchild's building the morning the gun was found. He then told of seeing the same man making a call on a cell phone a short time later. He ended by explaining about looking at mug books and finally identifying Mr. Latham in a line-up the previous night.

Morgan's questioning was thorough, as was McCoy's, and Mr. Stevens was on the stand most of the morning. Morgan recalled Mr. Rigel to concur that he had also been able to pick Latham out of the line-up. The prosecution’s cross had to wait until after lunch.

After McCoy finished with Rigel, Morgan called Detective Green to the stand. He described in detail tracking Latham down and bringing him to the police station the previous evening. He also explained how both Rigel and Stevens had identified Latham in the line-up. But when Morgan asked about Latham's previous record, McCoy objected.

"Your Honor, I'm simply providing an alternate theory of the crime. Since Mr. Latham is not on trial, his prior police record cannot be considered prejudicial," Morgan argued.

Rivera overruled McCoy's objection.

"Please tell the court how many times Mr. Latham was previously arrested and what those arrests were for, Detective Green," Morgan continued.

"He was arrested four times previous to the arrest yesterday. He has been arrested for possession of stolen property, possession of a concealed weapon, and twice for breaking and entering."

"Thank you for your help, Detective."

McCoy questioned Green carefully and established that all Latham had been charged with the previous night was forgery.

When Rivera asked Morgan to call her next witness, she said, "Your honor, my next witness is an elderly woman who only arrived back in town last night from an extended trip. She isn't available to testify today, but will be ready to do so first thing tomorrow morning."

Looking at the clock, Rivera nodded. "Very well, Ms Morgan. We're a little early, but if you're certain she will be here first thing in the morning, we will adjourn." At Morgan's nod, he added, "I'd like to remind counsel of the early adjournment tomorrow as well."

When court was dismissed and Fairchild had left, Carmichael turned to Morgan. "Jack and I were going to walk over and have a drink. Care to join us?"

"I'd like to, but I can't. Mrs. Karinsky, the other witness who saw Mr. Latham at the Fairchild's, is who I'm going to put on the stand in the morning. I sent my assistants over to take her statement and I'm meeting them at the office to review it."

"And when do we get to review Mrs. Karinsky’s statement?" McCoy asked.

Morgan finished slipping paperwork into her briefcase then turned and started walking toward the door, followed by Carmichael and McCoy. "Her testimony is going to be pretty similar to Mr. Rigel's and Mr. Stevens'. I'll fax her statement to your office as soon as..." She stopped walking so abruptly, Carmichael bumped into her.

Glancing at her in surprise, Carmichael followed the direction of her gaze.

Standing at the back of the courtroom, just inside the door, was a tall man with silver-gray hair dressed in a business suit. Upon seeing he had been noticed, he came forward.

McCoy looked curiously from the man to Morgan, but with Carmichael between them, he couldn't see her face.

When the man was a few feet from the three, Morgan asked, "What are you doing here?"

As he stopped in front of her, he smiled. "It's good to see you too, Calea." He bent and kissed her cheek. She stood perfectly still, making no effort to return the gesture.

Looking at the other two attorneys, the man said, "You must be the prosecution."

Morgan turned slightly and said, "Abbie Carmichael, Jack McCoy, this is Frank Tyler."

As the man shook Carmichael's hand, she noticed striking blue eyes set into his handsome face.

McCoy took Tyler's offered hand and then glanced at Morgan, but her face was expressionless.

"You haven't answered my question," Morgan reminded him when introductions were over.

He looked at her with obvious amusement. "I was in town on some business and heard you were trying a case. I couldn't leave without stopping in to say 'hello' to my only ex-wife."

"How long are you going to be here?" Morgan asked.

"I have to catch a flight back to Chicago in a few hours. I was hoping we might have a chance to visit for a few minutes before I leave." He still seemed amused by her curt attitude.

"I was on my way to have a drink with Ms. Carmichael and Mr. McCoy. We were going to discuss a witness I'm putting on tomorrow. If they don't mind, I suppose you could join us."

Both Carmichael and McCoy glanced at Morgan in surprise. But noting her serious eyes, McCoy stepped forward. "It's my turn to buy and of course you're welcome to join us. Your reputation as a defense attorney has even found its way to New York. Maybe you could share some of your secrets for success."

Tyler gave Morgan a questioning look and then nodded to McCoy. "I'll gladly accept your invitation, thank you. But I think I'll keep my secrets to myself. I'd hate for them to fall into the wrong hands."

He stood to the side and allowed Morgan and Carmichael to lead the way out of the courtroom.

On the way out of the building and down the block, McCoy and Tyler talked about people each knew by reputation in the other's home city. Carmichael joined in the conversation, but Morgan was silent, walking along with her head down.

Upon reaching the usual spot, they found a table for four and sat down. After ordering drinks, Carmichael asked Tyler about a recent well-publicized case in Chicago and they talked for a while about that and other cases.

The bar was crowded and service was slow. They waited a good twenty minutes before their drinks arrived.

When everyone had been served, Tyler turned to Morgan. "How is the trial going?"

She shrugged. "Fine."

Tyler glanced at McCoy for his opinion.

"I'd say it's pretty even. Calea is a heck of an attorney." He gave her a smile. "She's making us work for our paychecks on this case."

Morgan glanced at him briefly, but her eyes remained serious.

"I'm glad to hear that she hasn’t forgotten everything I taught her. She always was one of my best pupils." Tyler smiled, looking right at her, but continued to refer to her in the third person. "She's come a long way. She used to get so nervous before a trial, she'd be sick to her stomach." He continued watching her, sitting back and crossing his arms. "She also used to..."

"What time does your flight leave?" Morgan interrupted.

With an amused chuckle, he answered, "Soon." He looked at McCoy and Carmichael in turn. "Would the two of you excuse us for a minute? I need to have a word with my ex-wife."

Morgan looked at Tyler as he stood up and waited for her to do the same. She got up slowly, and at his direction, started for the bar a few yards from the table.

"Nice looking guy," Carmichael observed. "Calea doesn't seem too happy to see him."

McCoy glanced over at the bar where the two had taken seats, sandwiched in between other patrons.

"No, she doesn't."

"I wonder why she changed her mind about coming here?"

McCoy took a drink of Scotch and said thoughtfully, "I got the feeling she didn't want to leave with him alone." He shrugged and took another sip. "But maybe that was only my imagination."

"I don't think so. I mean, when she asked him what he was doing here, it was the closest thing to a rude comment I've ever heard her make. I asked her about him once and she didn't say much, only that she hadn't seen him since they divorced."

McCoy looked in the direction of the bar and his eyebrows shot up. "I'd say that's a pretty intense conversation for two people who haven't seen each other in four years."

From their table, they could see Tyler leaning toward Morgan, talking fervently. His hand was holding her arm just above her elbow and Morgan was leaning away from him slightly.

Carmichael sat forward. "Maybe I should go over and order another drink."

McCoy watched the two closely, torn between wanting to do the same thing and not wanting to seem as if they were spying. "She knows we're here," he said simply. But he didn't take his eyes off the two of them until several minutes later when Tyler stood up and waited for Morgan to precede him back to the table.

When they sat back down, Tyler was all smiles, chatting amiably. Morgan was quiet and avoided looking at anyone. She seemed pale and withdrawn.

After finishing his drink and conversing a few more minutes, Tyler said, "I really hate to leave good company, but I have a plane to catch. Thanks for the drink. If you're ever in Chicago, I'll be happy to take you to one of our local establishments and return the favor." After standing, he leaned down to kiss Morgan's cheek again. "It was good to see you, Calea. Stop by if you ever come for a visit."

Without looking up, she said, "Good-bye, Frank." When he had left, she reached for her glass of tea.

McCoy leaned toward her with concern. "Are you okay?"

She glanced up and asked, "Would you excuse me?" then got up and made her way to the back of the bar.

"That S.O.B.," McCoy said angrily.

Carmichael looked at him in surprise. "Excuse me?"

He turned to her, his dark eyes furious. "Didn't you see the marks on her arm where he grabbed it?"

Carmichael was taken aback at his intensity and at her own lack of observation. "I'm going to go check on her," she said, making her way around the table to follow Morgan.

She found her in the ladies' room, standing in front of the sink and pressing a wet paper towel to her forehead.

"Is everything all right?"

Morgan nodded. "Everything's fine."

Carmichael took another step toward her, looking closely at her arm. She could clearly see four dark red finger-sized marks on her fair skin below the short sleeve of her blouse.

Indicating them, Carmichael said, "Looks like you could use some ice."

Morgan looked down, seemingly unaware of what Carmichael was referring to. She blinked when she saw the marks and then rewet the towel. Wringing it out, she pressed it to her arm.

"Are you sure you're okay?" Carmichael asked sympathetically.

"Yes." Morgan's answer was quick and insistent. Then meeting her eyes, she said more kindly, "I'm okay."

"That's some way to say 'hello' after four years."

"I wasn't expecting him. He caught me by surprise."

Carmichael crossed her arms. "Well, give the word and Jack will have the guy arrested at the airport for assault, if he doesn't go after him himself."

Morgan looked at her sharply. "What do you mean?"

Looking at Morgan's arm, she answered, "He noticed."

Morgan chewed the inside of her lip, frowning. "It's nothing." She turned to throw away the towel. "Let's just drop it."

"Look, if you need someone to talk to, I'm here," Carmichael offered with sincerity.

Morgan sighed and nodded. "Thanks, Abbie. I appreciate that." She smiled tensely. "We should probably get back to the table before Jack thinks we ran out on him."

When they returned to the table, McCoy looked from one to the other with concern.

Morgan pulled her jacket off the back of the chair and slipped it on, then sat on the edge of her seat.

"I need to go," she said. "I have a lot of work waiting for me." She took a final sip of tea.

McCoy sat forward. "Calea..." he began.

Her look stopped him. "Thanks for the drink, Jack. I'll see you both tomorrow." She stood up and walked away without waiting for a response.

Looking bewildered, McCoy turned to Carmichael, who was finishing her drink. "What happened?"

Carmichael shrugged and caught the waiter's eye. "She said she's okay."

As he approached, McCoy asked, "And you believed her?" His eyes were still angry.

Carmichael ordered another drink and McCoy did the same. When the waiter left, he turned back to her, waiting for her to answer his question.

When Carmichael met his eyes, he saw that she was no less angry than he was. "No, I don't believe her. But there isn't a lot I can do about it, is there?"

He sat back and touched his fingers lightly to the cold glass in front of him. "Sorry. I didn't mean to take it out on you."

"Same here," Carmichael said more calmly. "I'll call her later to see how she is."

"Did she say anything at all about what happened?"

"Only that she wasn't expecting him and he took her by surprise. She seemed more upset about seeing him or whatever it was he said to her than anything else. She didn't even notice her arm until I pointed it out."

McCoy shook his head and drained his glass.

***He looked at his watch. 8:15. He knew he should go home, but she still hadn't returned his call. He rubbed the back of his aching neck under the unbuttoned collar of his dress shirt, and closed the file he had been staring at most of the evening. He couldn't remember a thing he had read. Sighing, he stood up and put on his leather jacket, picked up his helmet, and walked to the door, turning off the lights as he went out.

***Leaving the kitchen, McCoy walked across the living room to pick up the ringing phone.

"Jack, it's Calea. My service called and said you left a second message. I apologize for not returning your earlier call, but I got tied up. I'm sorry I forgot to fax Mrs. Karinsky's statement to you."

McCoy settled into his favorite chair, glad to finally hear her voice. "That's okay, I wasn't calling about the statement. I wanted to see if you were all right."

Her answer was quick. "I'm fine."

"You seemed pretty upset when you left this afternoon." Although he wanted to come right out and ask what had upset her, he decided to try to tease it out of her instead. "I thought maybe your ex had come here to try and persuade you to return to Chicago."

"Hardly." Her voice was light. "He just stopped by to remind me why I should stay away from men."

Despite her tone, there was an edge to her voice that made him feel a little of the anger he had felt earlier return.

"Another reason not to like the guy." He tried to sound as if he was still joking, but he didn't really think he had succeeded.

"Oh, don't let my perception of him influence you. You know how ex-wives are. Frank is a gifted attorney and has an abundance of those wonderful male-bonding qualities. Given the opportunity, I'm sure the two of you would become the best of friends."

This time, he didn't bother trying not to sound angry. "I have to take exception to that, Calea. I don't choose as friends men who would leave bruises on a woman in the course of a conversation with her."

After a pause, he heard her sigh into the phone. "I'll get up early and fax the statement to you. You should have it on your desk when you get to your office tomorrow."

He wanted to reach through the phone and shake her.

Rubbing the back of his neck again, he said, "Why don't you bring the statement to my office in the morning before court? Then if I have any questions, we can discuss it."

"What time do you want to meet?"

"How about 7:45?"

"All right."

He had to say something. "Calea, about what happened this afternoon..."

Morgan interrupted, "Jack, I'm really tired and I still haven't eaten. Unless there's something else about the case..." She let the sentence trail off.

"No, I guess there isn't."

"Then I'll see you in the morning. Good-night."

"Good-night, Calea."

He got up and went to the kitchen to pour himself a drink.