Evidence of Darkness Page 12
Reesa returned her smile. “Thank you so much for doing this on such short notice. I can’t tell you how much we appreciate it.”
“No problem, really.”
“Oh! How much do we owe you?”
She pointed to one of the envelopes. “I put the invoice in the envelope. You can mail it back with the payment.”
“Thank you.”
“Have a safe flight back to New York.”
They quickly walked out to the car and drove back to the hotel to collect their bags. After checking out, Mike sped to the airport. They were the last ones to board their flight, entering the aircraft just as the flight attendants were about to close the door.
Mike put his briefcase and the two envelopes containing the counseling records in the overhead bin, then they sat down. The both let out a sigh of relief as they fastened their seatbelt and prepared for takeoff.
Mike held up his hand and Reesa high-fived him. “We did it! That was a very productive trip,” he said, still feeling the adrenaline rush from speeding to the airport.
Once the plane was at cruising altitude, he reached up and removed the two manila envelopes from the overhead bin. He handed one to Reesa. “We’ve got two and a half hours. Let’s get busy.”
She shook her head. “I think I’ll pass. I’m going to try to get a some rest. I didn’t sleep very well last night.” She had an idea as to the contents of the documents. On an airplane, sitting next to Mike, was not an appropriate time for her to read the agonizing material. She would read it at home, in her den, while Jade was away or sleeping. She was not looking forward to putting herself through the emotional turmoil. She rested her head against the edge of the window, shut her eyes, and began contemplating their strategy for the next step of this intricate legal battle.
Two hours later, Reesa had mentally gone down the paths of all the possible courses of action she could take next in light of their most recent discovery.
Once she knew how they would proceed, she opened her eyes and glanced over at Mike. One of the files was open in his lap. She looked at his face and noticed a tear trickling down his cheek. He removed his reading glasses, squinted his eyes, and rubbed them with his fingers attempting to remove the moisture so he could focus. He glanced at the file again briefly, then rested his head on the back of his seat and looked up at the ceiling, sighing.
She could see the extreme distress in his face, and without hesitating, she placed her hand on his forearm. “Are you okay?”
He turned his head to look at her, his eyes red from crying. After he took a deep breath, he replied, “No, not really. This is one of the most distressing things I’ve ever read in my entire life. I don’t think I’ve ever said this before about another human being, but Victor DeWald deserved to die. He was an extremely violent man. What he did to LeeAnn was unconscionable.”
He placed his hand on Reesa’s hand, still resting on his forearm. “You knew what was in these documents, didn’t you?”
“Yes, well, I had an idea anyway. I’ve been handling criminal cases a lot longer than you have. It’s not easy, Mike.”
“I really don’t know how you do it.”
“Most aren’t this hard.”
He was quiet for a few seconds, then squeezed her hand. “Thank you.”
She could tell he was getting choked up. “For what?”
Tears were streaming down his face as he looked at her. He gulped, then replied, “Thank you for not forcing LeeAnn to testify against her will. No one who has gone through something like this should ever be forced to relive it. Especially in a courtroom.”
Reesa looked at him with extreme admiration. He was the most caring, compassionate man she had ever met. She was once again extremely glad he was the one she had chosen to help her with what was potentially the most difficult case she would ever have.
9
THE STRATEGIST
“Do you have time to meet this morning?” Mike asked as he stuck his head into Reesa’s office at 10:15 on Monday.
Without looking up from her computer, she replied, “Yes, give me ten minutes.”
“Okay, I’ll be back in a few.”
Fifteen minutes later, he appeared in her doorway again. This time, she was on the phone. He turned around and took a few steps down the hall in the direction of his office when she said sharply, “Mike!”
She surmised he had finished reading all of LeeAnn’s counseling records over the weekend and was anxious to discuss their strategy in light of the new information they received.
He turned on his heels and walked back into her office just as she hung up the phone. “Are you sure you have time for me today?” he asked, tilting his head.
“Yes. Could you please ask Meghan to hold my calls?”
When he returned, he closed the door behind him and sat down in the chair opposite Reesa’s desk. She could tell he was bursting at the seams.
“You’ll never guess what turned up when I researched Victor DeWald’s criminal records,” he blurted out.
“Ah, let me see, he was married five times and four of them have mysteriously disappeared over the past few decades,” she answered, sarcastically.
He laughed. “Damn, Miss Collins, you are just too smart. How’d ya guess?”
She smiled. “Just a hunch.”
“No, all kidding aside, he was actually charged with statutory rape – not once, but twice, when he was in his early twenties. One of the charges was dropped within a week after it was initially filed. The other one actually went to court and the bastard was acquitted.”
Reesa sat back in her chair and folded her arms across her chest. “Very interesting. This explains why the DA’s office only went back ten years on their discovery. Good job, Mike.”
In a disappointing tone, he commented. “None of this will actually help us in court, will it.”
She was deep in though. “Not directly, no. Victor’s dead. He’s not on trial for sexual assault, so the judge probably won’t allow his criminal records to be brought in as evidence.” She sat up in her chair. “Good work, anyway. Hey, were you able to finish reading LeeAnn’s counseling records?”
“Yes, in their entirety.” He placed a twenty-five page, single-spaced document on her desk. “Here’s a synopsis I typed up with the pertinent information. I didn’t know if you’d have time to read them anytime soon.”
She picked up the document and began looking through it. “Thank you so much for doing this. You don’t know how much I appreciate it.” She was extremely grateful she didn’t have to read through all the clinical records to get the information she needed for the case. Doing so would have dredged up more painful memories that she didn’t have the time, or the emotional energy, to deal with.
“I do actually. It was very difficult to read what LeeAnn endured at the hands of Victor DeWald. I wanted to spare you from having to go through it all. So, what’s our next move?”
She was skimming through the synopsis, flipping the pages quickly looking for key words. She finally looked up at Mike. “Did you see any reference to LeeAnn’s emotional heath prior to the rape in any of the documents you read? Was she bi-polar, schizophrenic, depressed? Was there any mention of a personality disorder? Anything at all?”
“No. Everything seemed to indicate she was an emotionally healthy person prior to the event. She was in her first year of college, had a steady part-time job at a local department store. She even had a boyfriend she had been dating for almost a year. Everything suggested she was a well-adjusted young lady.”
“Good. If there would have been even a hint or suggestion of mental illness prior to the crime, the judge may not let the jury hear her testimony. It would take away from her credibility as a character witness.”
“I see.”
She flipped through a few more pages then looked up at him. “This looks really good for our case.”
“Great, but I have to ask you this. Are we going to present this information to the DA and try to plea fo
r a lesser charge? Voluntary manslaughter perhaps?”
“I considered that. If we did, they might take it, but that still carries a hefty sentence of five to twenty-five years. Let’s just wait and see what they do.”
“But if we don’t try to plea bargain and take it to trial, we could lose and she gets life in prison. She’d be lucky to even get parole if she’s proven guilty of first-degree murder.”
“That’s correct. But we’re not going to lose, Mike.”
“How can you be so sure?”
“I’m not. I just refuse to settle. She needs to be free and clear of all charges. There is no way I’m going to let her spend one more day in prison than she already has to. And for what? Defending herself? It’s not up for discussion.”
Mike sat back in his chair and looked defeated. “Okay, so what’s our plan? I’m all ears.”
“We’ll add LeeAnn’s name to our witness list.”
“Would you like me to write the witness summary?”
“No. I’ll do it,” she replied firmly. “I’ll submit both documents by Friday. I’ll also include the counseling records. If LeeAnn’s psychiatrist is unable to testify, we can at least use pertinent sections of the transcripts as evidence to attest that Victor DeWald had a history of sexual abuse.”
Mike shook his head in agreement. “Okay, sounds good. Is there anything you’d like me to do?”
“Yes. You can prepare an interrogatory for the psychiatrist. Let’s try to get it out to her by the end of the day if possible. Make it simple so she can get it back to us by Friday. Just a few specific questions that can attest to her background and credibility to treat LeeAnn. I want to cover all our bases. I don’t want to give them any reason to reject our request for LeeAnn to take the stand. ”
Mike was taking notes as she was talking. “Okay, I’ll get right on it.”
“Can you think of anything else we need to address?”
Mike thought for a moment. “There is one thing that’s been bothering me. It’s an evidentiary issue. It’s probably a long shot, but is there any way we can prevent the jury from seeing those gruesome pictures of Victor’s dead body at the crime scene?”
Reesa felt the muscles tighten under her jaw as she recalled seeing the photos of Victor’s slaughtered body lying contorted in a puddle of blood after Adele had stabbed multiple times. He was partially leaning on a coffee table, with one leg oddly propped up on the sofa. His eyes were still open and he had a vile expression on his face. She remembered feeling overcome with intense nausea when she first saw the pictures.
“It would be a long shot. Definitely not easy in this case, but if you want to do some research to see if there are any other cases in the state where they have disallowed crime scene photos as evidence, go for it. I’d really like to keep the jury from seeing the blood and gore, but I’m not holding my breath.”
“Okay, I’ll start doing some research. Who knows, maybe something will turn up we can use.”
“Sounds good. Thanks, Mike.”
He started to stand up, then sat back down with a serious expression on his face. “I just have to say something.”
“Is everything okay?” she asked, apprehensively.
“Yes, fine. I would just like to say that I’ve enjoyed working with you on this case. Perhaps enjoyed isn’t the correct word because it’s been more, shall we say, challenging than enjoyable. But, I’ve learned a lot and I’m just glad you chose me to co-counsel. That’s all.” He tapped his knuckles on her desk and stood up. “I’ll let you get back to work.”
Just as he opened the door to leave her office, she blurted, “Mike?”
He turned around. “Yep?”
“I’m really glad I chose you, too.” Her words were sincere. Mike had not only proven to be very knowledgeable and thorough, he was becoming her pillar of strength, providing emotional grounding when she needed it most.
Mike smiled and exited her office.
After a grueling day, Reesa stepped onto the elevator at 7:45 p.m. to head home. Just as the doors were about to close, she saw a hand reach in and stopped them from closing. When they reopened, Mike was smiling at her.
“Good evening, Reesa. And how was your day?” he asked as he stepped into the elevator and stood beside her, facing the doors.
“Beyond awful. And how was your day, Mike.”
“Not much better. I spent most of my day searching cases to see if there was any possible way to have the crime scene photos excluded as evidence.”
Reesa smiled and looked straight ahead trying hard not to laugh. “Any luck?”
“Nope. None. I’ve reached the undeniable conclusion that the jury, along with all the rest of us, will get to experience firsthand Assistant DA Mahoney’s triumphant splendor as he shows the jury each and every one of the incredibly repulsive photos of Victor’s blood and guts splattered all over the living room of Mrs. DeWald’s house. I’m sure he’ll show them as long and as many times as he possibly can.”
“Uh-huh. I knew that’s what you’d find. Anything else pop out at you while doing your research?”
“Well, yes, actually. I think I may have found a way to ensure the admissibility of LeeAnn’s sexual assault, as well as the testimony of her counselor if we choose to ask her to testify. Adele’s accusations of rape may prove to be slightly more difficult since she never filed charges when Victor raped her a week before the murder. But, it’s increasingly obvious to me that the sexual assaults need to be brought up as many times, and in as much detail as we can possibly get by with. I’ve compiled a list of brilliant tactics used in some of the cases I researched that we may be able to implement, as well as some questions we can present to our witnesses to ensure the jury gets a clear picture of exactly what Victor DeWald was capable of. I’ll type it up and have it to you before noon tomorrow.”
Reesa seemed amused and tried not to smile. “I’m sure it will be magnificently scripted. Thank you, Mike.”
He glanced over and noticed the smug look on her face as she glanced up at the ceiling in an attempt to avoid eye contact with him. “Okay, out with it. Why in God’s name did you let me spend the majority of my day researching inflammatory evidence rulings in the state when you already knew the conclusion I would eventually reach?”
“Because I knew if you did the research, you would inevitably find something in one or more of those cases that would be helpful in Adele’s trial. And look, I was correct, wasn’t I?”
He shook his head in disbelief, then looked straight ahead. “Okay, yes, I’ll say it. You were right yet again, Miss Collins. There, are you happy?”
Reesa looked straight ahead, trying to hide her delight in his comments.
“In spite of my wild goose chase, I did manage to get the interrogatory out to LeeAnn’s counselor today,” he said, sounding frustrated.
“I assumed you would, Mr. Jenkins.”
Both were silent for a few moments, still facing the elevator doors. Finally, Mike broke the silence and smiled, glancing over to her. “Is there even a slight chance you might have dinner with me one evening?”
She placidly replied without looking at him, “I did that in St. Louis. Have you forgotten already?”
He laughed. “No, I haven’t. I guess what I meant to say is, will you go on an actual date with me…ever? There I said it. God, the crap you put me through.”
She smiled timidly and quietly responded, “Can we just get through this trial first?”
“You are actually going to make me wait four months for a date? That sounds to me like cruel and unusual punishment, Miss Collins.”
As she exited the elevator to the parking garage, she said, “I think you’ll survive, Mr. Jenkins.” She couldn’t help but grin all the way to her car.
While driving home, an intense rush of anxiety consumed her body. She found it difficult to breath and quickly rolled down the car window to get some fresh air. Feeling dizzy and nauseous, she pulled into the parking area of a gas station.
She didn’t know how to process what she felt, but knew she had to figure out a strategy to avoid his advances and bury the feelings. He was making her feel weak, and she needed to remain strong. It was unchartered territory, and she was determined to keep it that way.
10
PLEAS OF DISTRESS
On Valentine’s Day, Reesa rushed into Mike’s office at 11 a.m. She had her coat on and was ready to leave the office. He was on the phone, but she didn’t care. She sat down in the seat opposite his desk and glared at him while he continued his conversation.
He glanced over to her and held up his index finger, indicating for her to hang on. After watching her shift in the chair several times and continually glance at the clock on the wall, he finally ended his conversation.
He chuckled at her. “What in God’s name are you so uptight about?”
“Mahoney just called me. He wants to meet. He has a deal for Adele. I thought you might want to head over there with me.” She looked at the clock again. “I told him I’d be there in half an hour.”
Mike shook his head and ran his hand through his hair. “Wow. I guess this shouldn’t surprise me, but it does. Yeah, sure, I’d like to go. Let me grab my coat.”
Reesa stood up and they left the office and headed to the DA’s Office.
The meeting with the Assistant DA lasted a mere ten minutes. When they exited his office, Mike looked perplexed. “Was that it? Why was I expecting more?”
“That was exactly what I was expecting. It was quick and to the point,” she replied, walking briskly toward the car.
“Okay, but can I ask you something?” he asked, trying to keep up with her.
“Anything.”
“Was it just my imagination, or was he just a tad bit arrogant?” he asked, holding his thumb and index finger close together while squinting one eye.