The Advocate's Homicides Page 14

  Sabre stood up and took a couple of steps toward the witness.

  "Dr. Bell, do you have a receptionist?"

  "Yes, I do. She only works three hours a day, so I usually schedule my own appointments."

  "Do you share the office with anyone?"

  "No."

  "Are there other offices in your building?"

  "Yes. There's an accountant, a couple of lawyers, and a consultant of some sort."

  "Is there a waiting area outside your office?"

  "There's a little bench by the window between my office and the accountant's."

  "Objection. Relevance," Benson said.

  "Overruled," the judge said without waiting for a response.

  "Is it possible that Tray went to your office and waited outside for you to show up?"

  "That's very possible. In fact, on two occasions I was a few minutes late and Tray did exactly that. He's a good kid. I'm sure if he forgot about the cancellation, he would've waited a long time."

  Chapter 33

  Sabre and Bob sat at Einstein Bros. Bagel Shop at 7:00 a.m. on Thursday, the fourth day of the trial.

  "How have my cases been going?" Sabre asked.

  "Nothing I couldn't handle. The Mayhall case went south when the father came forward and accused the mother of making porn films with her boyfriend while the kids were visiting in the home. The judge ordered supervised visits and continued the case for two weeks so you and DSS could investigate. Personally, I think the father is making stuff up, but if not, I'd like to represent the mother."

  "You're such a dog," Sabre said. "Anything else?"

  "No, just a bunch of review hearings set. The dates are all on your court hearing sheets in the files. You don't need to worry about that. Tell me about the trial."

  "The State has rested. We moved for a directed verdict, hoping the judge would rule that Tray was 'not guilty,' but it was denied. We start our defense case today. Most of their witnesses didn't hurt too much, except for the therapist. We had considered putting Tray on the stand to testify, but because of something the therapist said, we can't do that."

  "Did the therapist tell you something in confidence?"

  "No, but if we put Tray on the stand he’ll look like a liar. They have totally contradictory statements about the last therapy session, and I'm afraid the jury will believe the doctor over Tray. Frankly, I'm having trouble reconciling it myself."

  "But now you can put on your defense,” Bob said. "That should help."

  "I hope so. We're calling Dr. Bell again. We're pretty sure he can't do any more damage. He seems to really want to help Tray, and he throws in positive comments every chance he gets. June Longe, the foster mother, will testify as to his character and to how he was never alone except when she was at the hospital, which is likely when Irving was killed. Mrs. Fletcher, Drew's mother, will testify that she took Tray to therapy that day. And then we have Drew, who is his alibi for most of the rest of the day." Sabre sighed.

  "You have concerns about Drew's testimony?"

  "He's a teenager for starters. JP has talked to him three times, and Chris and I went over his testimony just last night, but you never know about kids. Besides...."

  "Besides what?"

  "If Tray actually committed this crime, he likely had an accomplice and the most likely person would be Drew."

  "Are you having second thoughts about Tray's innocence?"

  "No. I'm just befuddled by the whole thing. It doesn't make sense. We must be missing something."

  ***

  The defense called several expert witnesses. One disputed the time of death of the victim. Another questioned the ability of someone Tray's size to commit this crime alone. And a third was a handwriting expert, Barbara Foltz, who testified that the handwriting of the word GOOF found in Tray's locker was his. However, the word written on the body was similar in many respects, but not necessarily Tray’s. She also stated that it would be difficult for anyone to be absolutely sure about the writing on the body because of the texture and the contour of the surface upon which it was written. That testimony got them through to lunch. When they returned, Sabre called Drew Fletcher to the stand. The clerk swore him in.

  Sabre stood up and stepped to her left so she was closer to the witness before she started her questioning. "How do you know Tray Copley?"

  "He...he's my neighbor and my best friend," Drew Fletcher said. His mouth twitched as he spoke.

  "Are you nervous, Drew?"

  "A little."

  "Try to relax. This won't take too long. How long have you known him?"

  "About nine months. Since he went to live with the Longes."

  "Do you live close to him?"

  "We live only a few houses from the Longes.” Drew seemed to breathe more evenly.

  "On the fourth of May last year, did you see your friend Tray Copley?"

  "Yes, we had plans for that afternoon, but he came over early."

  "To your house?"

  "Yes."

  "What time did he come there?"

  He shrugged. "I'm not exactly sure, but it was around 9:00 in the morning. Mrs. Longe's father had a heart attack and she had to go to the hospital, so Tray came to stay with me."

  "What plans did you have for the afternoon?"

  "We were going to the skatepark."

  "Did you go?"

  "Yes."

  "Were you with Tray the whole day?"

  "Yes," Drew said, but the word didn't sound final, like he had something else to say but stopped.

  Sabre wasn't ready for him to add anything, so she continued. "How did you get to the skatepark?"

  "My mom took us."

  "Do you know what time you went to the park?"

  "We left the house about 10:45 because Tray had a therapy appointment at 11:00."

  "Did you go to the appointment with Tray?"

  "No. We dropped him off at the therapist’s office, which is only about a block away from the skatepark, and then Mom dropped me off at the park."

  "Did your mother go in with Tray?"

  Drew accidentally bumped the microphone and it made a loud noise. He looked at Sabre and then the judge with a scared look on his face.

  "Sorry."

  "It's okay," Sabre said. After a short pause, she added, "Do you remember the question?"

  He shook his head.

  "Speak up, please," the judge said.

  "No, I don't remember the question."

  "Did your mother go into the therapist’s office with Tray?" Sabre asked again.

  "No."

  "Did she stay at the park?"

  "No, she went to work." He quickly added. "We go there all the time."

  "Do you ever go to the park without permission?"

  Drew hesitated.

  "Just tell the truth," Sabre said.

  "We went once after school when we weren't supposed to."

  "Who are 'we'?"

  "Me and Tray."

  "Did you get into trouble for that?"

  "No, my mom didn't know."

  "Did Tray get into trouble?"

  "No because I told them he was helping me with my homework."

  "Did you ever do it again?"

  "No because Tray didn't want to lie to his foster mother."

  "Thank you for your honesty," Sabre said. "That Saturday on the fourth of May, how did you get home from the skatepark?"

  "Mom picked us up."

  "What time was that?"

  "Around five o’clock."

  “Do you know how Tray got to the skatepark after his appointment?”

  “He walked. It’s only, like, a block away.”

  "When Tray arrived, what did you two do?"

  "We just skated, did tricks, carved the bowl, ollied the steps—things like that. We competed with a couple of other kids there." He shrugged. "That's it."

  "Did Tray leave the park before your mom came to pick you up?"

  "No."

  Sabre stepped toward the defense tabl
e and checked her notepad. "Where did you go after the park?"

  "We went to my house and had dinner."

  "Did Tray stay the night?"

  "No. Mrs. Longe picked him up after dinner."

  "No further questions, Your Honor." Sabre sat down.

  "Ms. Benson," the judge said.

  Marge stood up and gave the witness a strained smile. "Tray is your best friend, right?"

  "Yes."

  "And you don't want to get him into trouble, do you?"

  "No."

  "You would do just about anything to help him, right?"

  "If he needed me."

  "You stated earlier that you lied for him about being at the skatepark when you weren't supposed to be. Are you lying now?"

  "No."

  "Did you go with Tray to Albertsons on May 4?"

  "No."

  "Were you with Tray when he lured Mr. Irving to Coyote Ridge?"

  "No."

  "Objection," Sabre said. "Assumes facts not in evidence."

  "I'll rephrase," Benson said. "Did you go with Tray to Coyote Ridge that day?"

  "No."

  "He went alone?"

  "Yes, I guess. No, he was with me."

  "You both went then?"

  "Objection, badgering," Sabre said.

  "Sustained."

  "I withdraw the question," continued Benson. She took a step forward from the table and lowered her tone. "Drew, you don't know where Tray was when he was not with you that day, do you?"

  "I know we dropped him off at the therapist's office."

  "But you don't know if he actually stayed there, do you?"

  "No."

  "Tray's therapist's office is a block and a half from the skatepark, correct?"

  "Yes."

  "And in fact, he was gone several hours before he returned to the skatepark, right?"

  "I don't think it was that long."

  "But you don't know for sure because you lost track of time, right?"

  "It wasn't that long."

  "Do you have a cell phone?"

  "Yes."

  "Did you check the time while Tray was gone?"

  He didn't answer.

  "Drew, did you check the time while Tray was gone?"

  "Just once."

  "And what time was that?"

  "It was a few minutes until twelve."

  "And then it was quite a while before Tray actually showed up, right?"

  "It was a while, but I don't know how long. Anthony, this other kid, showed up and we started carving the bowl."

  Her young assistant whispered something to Ms. Benson. She nodded.

  "How many times did you 'carve the bowl,’ as you call it, before Tray showed up?"

  "A few, I guess."

  "You mean two? Or was it more like twenty? Or a hundred?"

  "It wasn't a hundred."

  "But more than two?"

  "Yeah, I guess. I don't know how many."

  "So, somewhere between two and one hundred?"

  "Objection, asked and answered," Chris said.

  "Overruled," the judge said. She looked directly at Drew. "You may answer the question."

  "I didn't count them."

  "Was it closer to two or closer to a hundred?" Benson asked.

  He sighed. "It wasn't anywhere near a hundred."

  "So, maybe fifty?"

  "Maybe. No, less than that."

  "Does twenty sound closer?"

  "Yeah, I guess."

  "Did you do any other tricks before Tray showed up?"

  "A few."

  "What kind?"

  "We jumped a few steps."

  "How long were you doing that?"

  "I don't know. Not long because the manual pad opened and that's what we were waiting for. And then Tray got there."

  Benson looked at a note her assistant had scribbled and then took a breath before her next question. "Has anyone told you what to say here today?"

  "Just Ms. Brown." Drew nodded toward Sabre. She was careful not to make eye contact for fear the jury would think she was coaching him.

  "What did she tell you to say?"

  "She said that I should just tell the truth, no matter what I'm asked."

  Sabre sighed. Benson asked one question too many, but at least we made that point.

  "Redirect, Counselor?"

  "One second, Your Honor," Sabre said. She whispered to Chris, "Do you think I should try to get Drew to narrow the timeline some?"

  "He could make it worse and that’ll just call more attention to it. Besides, we ended on a positive."

  "I agree." Sabre looked up at Judge Miller. "No more questions, Your Honor."

  ***

  JP was waiting for Sabre when she came out of the courtroom. "Hey, kid," he said in his usual tone.

  "What are you doing here? That didn't sound right. I guess what I really mean is, do you have some news for me?"

  "Remember Anthony, the guy at the skatepark?"

  "Yes, what about him?"

  "I've gone to the skatepark with Drew about three times, and another five or six by myself. I asked every dark-haired, dark-skinned kid I met if he was Anthony and then I listened for an accent. I finally found him last night."

  Sabre smiled and her face lit up. "Do we need a subpoena?"

  "I'm afraid if you call him to testify, you'll be diggin' up more possums than you can kill."

  Sabre's face lost the brightness it just had. "What did he say?"

  "He said that he didn't get to the park until almost noon. He and Drew were carving the bowl for a half hour to forty-five minutes, and then the steps opened up and they were jumping the steps for another forty or fifty minutes. They were on the manual pad when Tray arrived and they had been there quite a while before he showed up."

  "Which means Tray was gone a couple of hours without Drew. Drew was trying not to tell how long, but Benson got to him today."

  "He said the same thing as Anthony?"

  "Not quite as bad, but I'm glad I didn't continue to question him or it may have gotten worse." Sabre sat down on the bench outside the courtroom. "I just don't get it. Tray swears he was at therapy for an hour and then went straight to the skatepark."

  Chapter 34

  Sabre and Bob were in her office looking through the files of the cases Bob had covered all week, but Sabre kept forgetting what she was doing and asking Bob to repeat things.

  "What time did you finish the trial yesterday?" Bob asked.

  "It was nearly six because the judge wanted to keep going until it was done, so we did."

  "You're worried about the verdict, aren't you?"

  "This is the worst. I've never been this anxious. I'm so afraid that we didn't do enough. I'll be glad when the verdict comes in and I can put this behind me." Sabre checked the time. "It's only three. It could still come in today. I hope so; otherwise, we'll have to wait the whole weekend." Bob started to say something, but Sabre continued to talk. "If he goes to prison for something he didn't do, I'll never be able to forgive myself."

  "Sobs, you and Chris did the best you could. JP has been investigating this case for months and he's the best."

  "I think we missed something because Tray swears he didn't kill Irving, but nothing matches up. He says he was at therapy. Dr. Bell says he wasn't. Tray says he went straight to the skatepark. Yet the witnesses say it was at least an hour or two before he got there. He says he hadn't seen Irving, but Sister Maria saw Tray at Albertsons with Irving and he’s on the security video. I don't get it."

  "Sabre," Bob said.

  It sounded odd to hear him call her ‘Sabre’ since he never called her by her real name.

  "Yes, Robert."

  "Maybe Tray is lying to you. Maybe he killed him. And if he did, you don't have to beat yourself up. If he murdered someone, he deserves to go to prison."

  She cocked her head to one side. "You don't believe that."

  "You're right. I don't believe that if he killed that low-life scumbag, he sh
ould rot in prison. Irving got what he deserved as far as I'm concerned. But you can't change the facts. You just don't have them in your favor."

  Sabre looked down at her cell phone when it rang. "It's the court," she said as she answered it. "Attorney Sabre Brown." She listened. "I'll be right there."

  "The verdict’s in?" Bob asked.

  "The verdict's in."

  ***

  When the jurors entered the courtroom, none of them looked at Tray.

  "That's a bad sign," Chris said quietly to Sabre.

  Sabre frowned at him because he had spoken a little too loudly and she feared Tray had heard him. She touched Tray's trembling hand.

  "Take a deep breath," she told Tray.

  "I'm scared."

  "I know, but if something goes wrong, we'll keep trying. For now, just try to be brave."

  The jurors took the same seats they had been in for the last week.

  The judge said, "Madam Forewoman, do you have a unanimous verdict?"

  "We do, Your Honor," a short, stout woman in her fifties said.

  "Please hand it to the bailiff."

  The bailiff walked over to her, took the piece of paper that she handed him, and walked it to the judge. Although the process took only a matter of seconds, to Sabre it seemed to take a really long time. She kept asking herself if they had done enough. She believed Tray was innocent, but the evidence kept stacking up against him. She wondered if they should’ve taken a chance and put Tray on the stand to testify. They would have if it weren't for Dr. Bell's testimony. It wasn’t the doctor’s fault. He did everything he could to keep from saying that he had canceled the appointment. Tray still maintained that they had a therapy session in spite of what the doctor said. And then there was Drew's testimony. That had really hurt because it opened up the timeline and basically destroyed Tray's alibi.

  If Judge Shirleen Miller was surprised by the verdict, she didn't show it. She maintained her poker face as she read the jury’s decision. Then she folded the paper and handed the verdict to the bailiff, who carried it back to the jury forewoman.

  "What is your verdict?" the judge asked the forewoman.

  "In the charge of First-degree Murder, we find the defendant not guilty."

  Sabre sighed.

  "In the charge of Second-degree Murder, we find the defendant guilty."