After Dark (29 page)

The judge's bailiff hurried over to Reynolds as soon as he spotted him.

"The judge wants you in chambers with your client. Mr. Geddes and Mr.

Christenson are already there."

"Any idea what's going on, George?" Reynolds asked.

"Not a clue."

Brock Folmer, the judge whose chambers Judge Baldwin was using, was a Civil War buff. A bookcase with volumes about the great conflict stood next to the door to the courtroom and a table covered with miniature blue and gray soldiers reenacting the Battle of Bull Run sat against the wall under the window. Judge Baldwin seemed lost behind a huge oak desk that stood in the center of the room. In back of him was a complete set of the Oregon Court of Appeals and Supreme Court reporters and the Oregon Revised Statutes. The court reporter was sitting at Judge Baldwin's elbow.

There were three high-backed, brown leather, upholstered chairs in front of the judge's desk. One was empty and Reynolds took it. The other two were occupied by Chuck Geddes and Neil Christenson. Christenson looked nervous, but Geddes looked like he had just won the lottery.

"Good morning, Matt," Judge Baldwin said. "Miss Cavanaugh and Mrs.

Griffen, why don't you have a seat on that couch over by the wall, and we'll get started."

"What's going on, Judge?" Reynolds asked.

"Let's go on the record and Mr. Geddes can tell us. He asked for this meeting this morning."

Geddes lounged in his chair. There was a smug smile on his face. "I want to reopen the state's case," he said.

Judge Baldwin looked a little put out. "That's highly unusual, Mr.

Geddes. We're well into the defense case."

"I'm aware that my request is unusual, Your Honor, but Mr. Christenson has discovered new evidence that changes the complexion of our case."

"And what evidence is that?" the judge asked.

"Evidence that Abigail Griffen also murdered her husband's lover, Laura Rizzatti."

Tracy was stunned and Abbie bolted out of her seat.

"You sick bastard," she started, but Reynolds was up, blocking the judge's view and holding out a hand to his client. "Please, Mrs.

Griffen," he said forcefully.

Abbie caught herself and sank down onto the couch. She was clearly shaken by the accusation. And so, to Tracy's surprise, was Matthew Reynolds.

"Let's everyone calm down so we can sort this out," Judge Baldwin commanded. Geddes had not moved during Abbie's outburst. Reynolds made certain that Abbie was under control, then he turned back to the judge.

"I object to Mr. Geddes's motion to reopen," Reynolds said forcefully.

"The state has rested. Mr. Geddes had months to uncover evidence of this sort, if it exists. The introduction now of evidence of another murder would be untimely. I also believe it would require a mistrial or a lengthy continuance so the defense could prepare to meet this evidence. Both actions would be highly prejudicial to the defense case, which, as the court knows, is in an excellent posture at this point."

Reynolds paused and cast a cutting look at Geddes.

"Frankly, Your Honor, I'm a bit skeptical of the timing of this motion, coming, as it does, right after Mr. Geddes's key witness and key evidence have been discredited."

"Mr. Reynolds's points are well taken, Mr. Geddes," Judge Baldwin said, "but I suppose I have to hear the evidence you want to introduce before I can make a ruling. Why don't you enlighten US."

"Certainly, Your Honor. That's why Mr. Christenson is here.

Neil, please tell the judge what you discovered."

Christenson shifted uncomfortably in his chair and faced the judge.

"Laura Rizzatti was Justice Griffen's clerk at the Supreme Court, Your Honor. She was murdered a little less than a month before Justice Griffen was killed. Mr. Geddes thought it was suspicious that the two murders had been committed so close to one another, but we had no evidence that they were connected, so we assumed that we were probably just dealing with a coincidence.

"Then, Monday night, I remembered that I had seen several credit card receipts to the Overlook Motel in evidence we had taken during a search of Justice Griffen's home office."

Tracy's stomach tightened at the mention of the Overlook.

She saw exactly where Christenson was going and she could not believe it. Until now, the defense was convinced that the prosecutors knew nothing about Justice Griffen's extramarital affairs.

But it was clear that not only did they know about Griffen's trysts at the Overlook, they had drawn an unexpected inference.

"Initially, the receipts meant nothing to me," Christenson continued.

"Then I recalled that the Overlook was a very seedy motel. Not a place where someone like Justice Griffen would normally go. On a hunch, I brought a photograph of Laura Rizzatti to the Overlook and showed it to Annie Hardesty, who is a clerk at the motel. Mrs. Hardesty confirmed that Justice Griffen used rooms at the motel on several occasions to meet women.

She also told me that she had seen Laura Rizzatti with the judge more than once."

Christenson paused to let the implications sink in.

"Then she told me two other facts that I considered important. First, she told me that Miss Cavanaugh and Barry Frame, Mr. Reynolds's investigator, came to the motel well before the trial and learned that the judge was using the motel as a love nest."

"Which will make it difficult for Mr. Reynolds to claim surprise, Your, Honor," Geddes interjected.

"Let's hold off on your argument until I've heard all of Mr.

Christenson's statement," the judge said sternly. "Mr. Christenson, you said there was something else Mrs. Hardesty related."

"Yes, sir. She said she started watching the news about the case after Miss Cavanaugh's visit because she thought she might be a witness, and she recognized the defendant, Mrs. Griffen, as someone she'd seen at the Overlook. She remembered the incident quite clearly because Mrs.

Griffen and her husband were arguing so loudly that one of the other guests complained.

"Mrs. Hardesty told me that she went over to the room the judge .was renting to get them to quiet down when the door burst open and Mrs.

Griffen came flying out. Before the door opened, though, she heard part of the argument and she is willing to testify that Mrs. Griffen threatened to kill her husband if she Caught him cheating again."

"When did you discover this information, Mr. Christenson?"

Judge Baldwin asked.

"Yesterday and the day before, Your Honor."

Geddes leaned forward. "I believe this evidence lays a strong foundation for our theory that Mrs. Griffen learned that Laura Rizzatti and the judge were lovers and that she killed them both when the judge did not heed her warning to stop his affair with Miss Rizzatti."

"What do you have to say, Mr. Reynolds?" the judge asked.

Reynolds had carried a paperback copy of the Oregon Rules of Evidence into chambers. As he was flipping through the pages, looking for the section he wanted, the book slipped from his hand and fell to the floor.

The pages crumpled and the cardboard cover bent. Reynolds leaned over to retrieve the book and Tracy saw his hand tremble as he smoothed out the pages. When he spoke, there was an uncharacteristic quiver in his voice.

"Rule 404 (3) states that evidence of other crimes is not admissible to prove that a defendant is likely to have committed the crime for which she is on trial simply because she committed another, similar crime before."

"Yes, Mr. Reynolds," the judge interrupted. "But the rule also states that proof of prior crimes is admissible for other purposes, such as proof of motive or to show a plan involving both crimes. If there is proof that Mrs. Griffen had a plan to kill both victims or that she killed her husband because he and Miss Rizzatti were lovers, wouldn't the evidence of Miss Rizzatti's murder be admissible?"

"It's possible, Your Honor, but you've forgotten a step the Supreme Court set out in State v. Johns, the case that set up the procedure a judge must use to decide if prior crime evidence is admissible. First, you must decide if the evidence is relevant to an issue in the case, such as proving motive. Then you must decide if the relevance of the evidence is outweighed by the prejudice to the defendant that inevitably occurs if proof of another crime committed by the defendant is introduced at trial.

"In deciding the relevance versus prejudice issue, a judge must consider four factors, one of which is the certainty that the defendant committed the other crime. The burden of convincing the court on that point rests on the state and I haven't heard a single piece of evidence that connects Mrs. Griffen to the Rizzatti murder."

"Does Mr. Geddes have to convince me beyond a reasonable doubt that Mrs. Griffen killed Miss Rizzatti before I can let in the evidence of the Rizzatti murder?"

"No, Your Honor. If I remember correctly, the cases hold that you must be 'certain' Mrs. Griffen killed Miss Rizzatti, but that is still a high burden. There is a case, Tucker v. State, from Nevada that I would like to call to your attention.

"In the spring of 1957, Horace Tucker called the police to his home in Las Vegas. Tucker was unshaven, he looked tired and he had been drinking. A detective found a dead man on the floor of Tucker's dining room. The man had been shot several times, but Tucker said he found the body when he woke up and had no idea what happened. A grand jury conducted an extensive investigation, but did not indict Tucker because it deemed the evidence of Tucker's guilt to be inconclusive.

"Roughly six years later, in late 1963, Tucker phoned the police again.

This time they found a dead man on the couch in Tucker's living room.

The man had been shot to death. Tucker looked like he had been drinking. He said he awakened to find the dead man and had no idea how he got into his house or how he was killed.

"This time, Tucker was charged with murder. At his trial, the prosecutor introduced evidence of the first murder over a defense objection. Tucker was found guilty of murder, but the Nevada Supreme Court reversed because it found nothing in the record that proved that Tucker killed the first man. The court held that evidence of a prior crime is inadmissible unless there is proof that the defendant committed the uncharged crime."

"That case is absurd," Geddes said. "I don't care what they do in Nevada. A Nevada case isn't precedent here. I don't think Oregon law requires me to jump through all these hurdles to get this evidence before a jury."

"Calm down, Mr. Geddes. I'm not that impressed by that Nevada case myself. But it's clear that this issue is too complex for me to decide today. I'm going to dismiss the jury until we clear this up. I want briefs on the prior-crime issue from both of you by Friday."

Judge Baldwin looked worried. "One matter greatly concerns me, gentlemen. If I allow your motion, Mr. Geddes, I may also have to grant a defense motion for mistrial or a continuance because of the prejudice to the defense of reopening at this stage.

I'm deeply troubled that the defense may not have the ability to investigate these new allegations against Mrs. Griffen during trial. I want this prejudice issue thoroughly briefed. This is a death penalty case and I am going to make absolutely certain that both sides have a fair trial."

"Why didn't you tell me that a witness heard you threaten to kill Justice Griffen when we discussed the Overlook?" Matthew asked Abbie as she paced back and forth across her living room.

"I don't, remember seeing her. I was upset. I just stormed out of the motel room. I was so mad, I don't even remember what I said to Robert."

Matthew walked over to the French windows and stared out at the back lawn.

"I don't know if we can avoid asking for a mistrial if the judge let's Geddes reopen the case," he said grimly.

"We've got to go on," Abbie said, turning toward Matthew with a look of desperation. "I couldn't go through another trial.

I'd be trapped in this house again."

"You've got to consider the possibility. If the jury starts thinking that you may have murdered Laura Rizzatti, they'll forget everything else they've heard. And the judge is right. How can we possibly investigate the Rizzatti murder while we're in trial?"

"But we're winning. If the case went to the jury now, I'd be acquitted."

"Geddes knows that. It's one of the reasons he wants Judge Baldwin to rule that he can introduce the evidence. It would force us to move for a mistrial and save him from losing the case."

"That bastard. I hate him."

Abbie stopped in front of Matthew. Her shoulders sagged and she began to sob. The pressure she had been under since her arrest was suddenly more than she could bear. Matthew took her in his arms. Tears streaked her face. She was so forlorn Matthew would have done anything to make her smile. Without saying a word, he stroked her hair and held her.

Finally, Abbie stopped crying. She rested her head against Matthew's shoulder for a moment. She felt as light as a feather, as if her tears had carried away all her emotions and left her hollow. Then she slowly tilted her head back and kissed him. The kiss ended. Abbie rested her cheek against his and he thought he heard her say, "I love you."

It was the voice of someone who had given up everything but one basic truth.

Matthew felt dizzy. He pulled back and felt pressure on his hand. Abbie kept hold of it, turned her back to him and led him toward the stairs.

He followed behind her and walked into Abbie's bedroom in a trance, his heart beating so fast he was having trouble breathing. Abbie turned toward him. She unbuttoned her blouse and stepped out of her skirt. She was wearing a white lace bra and silk bikini panties. Matthew marveled at her smooth, olive skin, the hard muscle, the curves and flat places.

The mysteries of a woman's body. Compared to Abbie, he was pathetic.

Abbie moved into Matthew's arms. He could feel the warmth and texture of her satin-smooth skin. She unbuttoned his shirt, then knelt as she slipped off his pants. Matthew kissed the top of her head and smelled her hair. There was a fragrance of flowers.