Hostile Witness (10 page)

Faye leaned her cheek on an upturned palm for a second, then laced her hands in front of her.

“To tell you the truth, Josie, I don’t care why you were there. I care that you were.”  Faye sighed. She looked disappointed. “Three years ago you swore you just wanted to be part of a quiet, neighborhood law practice and now it seems that’s not what you want at all. I’ve always said you had wide discretion when it came to clients, but I also assumed that you would do me the courtesy of consulting me if what you were doing would impact this firm.”

“Everything I do impacts this firm, Faye, and I think all of it has been good. Isn’t that why you left me the partnership papers to sign Friday?”

“Don’t play games, Josie. You argued for bail, and I had two reporters call for statements. I’m not some yokel. I know this is just the beginning.  Thirty years ago I may have enjoyed the attention, but not now.”

Faye took a deep breath.  She wasn’t happy.

“We help real people. Some of them are women running away from bad situations. Some of our clients are old. Most are just plain happy being in this small town. Do you think they’ll feel comfortable with the press crawling all over this case?  Do you think our clients are going to like it when they see your picture on the five o’clock news, or they can’t get hold of you because you’re in court for weeks, instead of hours?”

Josie’s fingers went to her lips again but she stopped short of biting her nails.  She hadn’t done that since she was fourteen. 

“You’re right.  Everything happened so fast,” Josie mused.

“I understand the lure of old times and old challenges. Look, you’re an athlete, Josie. Sport isn’t only a physical thing. Once you get wrapped around this you won’t quit until you’ve won.”

Josie wriggled her fingers.  She made a fist before flexing again.  She moved in her chair like a fighter unwilling to admit he was past his prime, still anxious to see if he could survive one more bout in the arena.

“It’s the girl who’s important.” Josie said. “I had a connection with her that I just couldn’t ignore.”

“That’s valid but will you be able to live with whatever you do for her?”

“Rudy is taking this to the grand jury. I’ve got at least three days to figure that out, I guess.”

“Well, then I suppose we’ll see what happens in three days, won’t we?” Faye picked up her glasses, but when she put them on she didn’t seem ready to work. She was looking at Josie as if she wore magnifying glasses.

“I don’t want to see you hurt, Josie, and I don’t want to see my practice compromised.”

 Josie tilted back in the chair. She tapped her feet softly.  Faye’s perspective had put her off her timing and her tenuous commitment.  She stood up.

“I’d never do anything to compromise this practice, or you. I’ll pass on this if you say so, but Hannah’s a step kid stuck in between her mother and Fritz Rayburn’s son. Who else is going to defend someone like that?”

“There are plenty who will, Josie,” Faye answered truthfully.

“Not the way I will, Faye. I’ve been on top; I don’t care whether I get there again so I don’t have an outside agenda. Linda is worried about her marriage; her stepfather wouldn’t mind if she disappeared. I’ll be there just for Hannah.”

Faye knew Josie was walking into a brick wall but she also knew she couldn’t do anything about that so she gave neither blessing, nor veto.

“Keep it to a dull roar, Josie, that’s all I ask.”

Josie stepped away from the desk, a half-smile on her face. This was no resounding cry of support, but it was something.  She was almost out the door when Faye called to her.

“Josie, nothing you do for this girl will make up for the past. Not your lawyer past, or your daughter past.  You do know that, don’t you?”

“Of course,” she answered.

It was the first time she had lied to Faye.

10

“Today, the grand jury indicted Hannah Sheraton on charges of arson and murder. She remains free on bail. No trial date has been set.” - Superior Court Press Office

“I am pleased to announce that I will ask the Commission on Judicial Appointments to confirm the nomination of Kip Rayburn to the California Supreme Court. Mr. Rayburn brings a wealth of experience to the bench.  On a personal note, Mr. Rayburn’s father, Fritz Rayburn, was the victim of a horrible crime. While the Rayburn family has suffered greatly, this experience will set Mr. Rayburn apart in terms of empathy and fortitude. I look forward to Kip Rayburn’s confirmation so that he may carry on the excellent work his father began.” - Joe Davidson, Governor of California

“I’m honored by the governor’s nomination and look forward to the confirmation process. Until then, I will do everything possible to support my wife, and her daughter, during the coming days of Hannah’s trial and hope that a judicious solution to this sad problem can be expeditiously found. No, I’m sorry, no more questions.” - Kip Rayburn, California Supreme Court Nominee

Archer was in Mexico checking up on a young pup CFO whose board of directors believed he was smuggling drugs in the widgets they manufactured down there in Baja. He had proved them right in record time, sent a bill from Cabo and was now on a picture safari, incommunicado, camping on some beach, taking his time coming back. He didn’t know that Hannah had been indicted, but everyone else in the world did. Nobody could have kept a lid on what was going on. California loved a triangle and, as triangles went, this one was a dozy. Talk radio aficionados were already split with those who figured the stepdaughter was a bitch of the first degree and should fry, those who sympathized with the plight of a stepchild probably pushed to take drastic steps to be noticed, and those who refused to believe a child could possibly have had anything to do with Judge Rayburn’s death.

 Baxter & Associates was reeling from the impact. Faye wasn’t happy. Josie was subdued. Angie, who was used to drawing up standard paperwork, was now organizing the discovery documents: arson reports, timelines, police reports, forensics, autopsy report and interviews with anyone who ever had any contact with Hannah Sheraton. Tiffany barely had time for a snack as reporters called for comments, and new clients with big problems called for consults.

Linda was devastated. She had convinced herself this was all a mistake.  When Josie told them about the indictment and what would follow, Hannah touched her mother over and over again trying, perhaps, to comfort them both.  Hannah’s green eyes never left Josie’s face, and Josie did not suggest they think about finding another attorney for the trial. She couldn’t in the face of Hannah’s silent fear.

 On the beach, people who hadn’t realized Josie was an attorney suddenly looked at her differently; they had an opinion about Hannah Sheraton. Billy Zuni told Josie to friggin’ kick ass. Josie couldn’t sleep, so half the patio tiles were laid in the dead of night. When she got the jitters thinking about cross-examination, exhibits, and evidence, she felt suddenly overwhelmed by a task that long ago had been second nature. She wanted Archer back every minute that Hermosa lay under the blanket of dark. But daylight came and there was work to be done and Josie put aside her disquiet.

 Four days after the indictment, Linda summoned Josie to Malibu. It was still hot, even though fat, grey clouds hung off the coast adding humidity to the heat equation, as Josie drove Pacific Coast Highway. The Rayburn’s beach house was set back two hundred yards off the highway. The closest neighbor was a mile away. The place was lit up like a movie set and might as well have been on its own planet.   A giant fingerprint whorl of sand stone served as a driveway; the landscaping was exquisitely sparse: cactus, sea grasses, smooth stones, and jagged boulders. Beyond that there was beach. Prime property. Rayburn had done well for himself before taking the bench.

 Twirling the Jeep into the drive, Josie stopped next to a Mercedes.  A Lexus and a yellow VW bug shared the space in front of a four-car garage. Josie yanked on the emergency brake, and checked out the VW while she collected her things.  The bug needed a wash and there was a boot on the back wheel. Hannah wasn’t going anywhere in that thing.  Josie got out of the car, tossed her baseball cap in the back, and checked out the amazing piece of architecture the Rayburns now called home.

A seemingly simple construct, closer inspection revealed a marvelous origami box of a home: glass butted stucco, stucco melted into copper, copper ran into tile, and that tile surrounded a pool of water that welcomed visitors with a serenity that masked the problems of the people inside.

A flight of low-rise steps brought Josie to a door as tall as the ten foot wall that surrounded the house.  It had oxidized to the strangely pleasing blue-green of exposed copper.  A relief of angles as sharp as a maze of thorns was etched onto its surface.

“Come in, Josie.”

Linda’s voice, made deeper by the intercom, came through a hidden speaker.  Josie scanned for the camera. She should have tagged the security before she was seen.

“What’s the trick?”  There was no knob or handle on the door.

“Push it.”

Josie did as she was told and both sides swung open. Another touch and it revolved. Yet another and it closed again. It was a brilliant collaboration of art and engineering. She pushed again and passed into a courtyard paved in buff colored tile surrounded by walls of smooth stucco.  Cut through the middle of this outdoor room was an endless pool.   The water seeped under a glass wall that bared the heart of the house.

In front of the glass, in the middle of the pool, stood a bronze statue of a nude woman. She was contorted into a position of perpetual pain, or ecstasy, depending on one’s point of view. Josie saw pain of the most humiliating and personal sort. Given what she knew about Hannah, Josie saw . . .

“Are you coming in?”

Josie tore her eyes from one tortured woman to another. Hannah stood in an opening in the glass wall.  Her jeans were cut so low on the hip she could have belted them at her knees. Her white and blue checked long sleeved top was tied under her breasts.  Her bellybutton had two piercings. There was a tattoo on her right hip and a streak of dried blood stuck her shirt sleeve to her arm.  Josie’s eyes flickered toward that wound only to look away and see the statue. 

“Nice place,” Josie commented dryly.

“Un-huh.” Hannah walked to the pool, hands pumping, counting as she considered the statue.

“What do you think about that?”

“I can’t even begin to imagine what’s happening to her,” Josie said.

“I can.”  Hannah’s voice was flat.

Silently Josie moved away. It would be easy to be drawn into the whirlpool of Hannah’s problems, real or imagined. But Josie wasn’t her shrink. Josie wasn’t her mother. Josie was her attorney and she had to resist Hannah’s attempt to make her anything else.

“Your mom’s expecting me.”

“Kip, too,” Hannah said.

“That’s half the battle,” Josie muttered as she followed Hannah into the house.

“No it isn’t,” Hannah assured her.

11

Kip Rayburn was nothing to look at. He wasn’t unattractive, simply unmemorable. Light brown hair and not much of it; narrow face and not much to it. He had a slight body that let his clothes hang well but without flair.  Yet, Kip Rayburn compensated for his ordinariness. His power was there in the way he stood on the fringe, instead of presenting himself front and center. There was power in his money. There was power now in his nomination.

“Josie, this is my husband, Kip.”

Linda touched Josie’s arm, then turned and raised her hand toward her husband; a veritable Vanna White in the game of domesticity. Josie had too much to do to play along, so she walked across the huge living room and put out her hand.

“It’s good to finally meet you. I’m glad we could all get together,” she said.

Kip did a once over and seemed to frankly find her lacking. He didn’t like her casualness, her athletic and boyish figure, and her less than classic features. Maybe he didn’t like the fact that she wasn’t as impressed with him as everyone else seemed to be these days. Still, he hid his feelings under a thin blanket of hospitality, and smiled perfunctorily.

“Some of my colleagues know your work. I understand it was impressive,” he said by way of greeting.

“It still is.”  Without waiting to be asked, she sat in a horseshoe chair and put her portfolio at her feet. “Congratulations on your nomination.”

“Thank you.  I hope I can live up to the honor.” Kip settled on the curved sofa and put both his arms across the back.   The pose did nothing for him. “I was going to take over a partnership interest in Rayburn & Frank, but public service is a great opportunity.”

“Your father would be proud if you followed either one, I’m sure.”

With that, Kip Rayburn changed. One arm came down and rested in his lap, closing him off, the other dropped to the cushion.  He crossed his legs.  The mention of his father made Kip seem less than master in this house.

“Linda,” Kip said. “Will you get us something to drink?  Hannah could help you.”

“Sure, honey. What do you want?” Linda asked.

 “A glass of wine.”

“Josie, what can I get you?”

“Nothing, thanks.” Josie’s eyes flickered to Hannah.

Linda stood up and summoned her daughter.  “Hannah?”

“I don’t want anything.” She crossed her legs and sank to the floor next to Josie, close to Josie.

“Hannah.” Linda was sharp. This was no request; it was a command. Hannah stiffened, sitting up straighter. One finger jumped as it tapped frenetically against her knee. Finally, reluctantly, Hannah acquiesced and followed her mother. Josie waited until they were gone before talking to Kip.

“Don’t you think keeping liquor here is a little hard for Hannah?” Josie raised a brow.

“The cabinet’s locked. We’re very clear on the consequences if Hannah steps out of line this time.”

“I know the conditions of her bail are very specific,” Josie commented, “but it might help her if you simply didn’t have alcohol in the house.”

“I’m referring to my conditions, Ms. Bates, in my home.”

Kip’s gaze was steady, his decision final. Josie had underestimated him. Perhaps Davidson had made a good choice in nominating Kip to replace his father. She backed off on Hannah and, instead, made small talk about the house, Fritz’s love of art, the huge black canvases slashed with red that were the judge’s favorites, Fritz’s real estate acumen, Fritz’s. . .

“Here we are.”

Linda was back with refreshments, a glass of water for Josie just in case. The only thing missing was Hannah.

“Shouldn’t this be a family meeting?” Josie asked.

“It is,” Kip answered and Josie understood. Hannah was Cinderella but instead of ashes and stepsisters it was Kip and sand dunes.

Linda settled herself next to her husband. Her long legs were crossed at the ankles, her hand rested on his thigh. Square cut diamond earrings winked brilliantly as she moved and settled and still couldn’t seem to find a comfortable place next to Kip.

“Ms. Bates,” Kip began. “No matter what the court says, Hannah is still a child and a very disturbed one at that. She is good at letting you see what she wants you to see. The point is, Hannah is ill and she is our responsibility.  Her problems are deep, chronic and unresolved.  The girl needs intensive therapy, and that’s what we intend to see she gets.”

“Kip, we shouldn’t overstate the situation. . .”  Linda broke in but Kip quieted his wife, tightening his grip on her hand.  Linda gave no indication that she felt it as she addressed Josie. There was still some of the old Linda left; the woman who had a mind of her own.

“I’m sorry I didn’t tell you about Hannah when I first came to see you, Josie. I don’t like to admit how disturbed she is.  Things have been awful since she found out she has to stand trial. She’s cutting herself more often.”  Linda glanced at Kip and now her hand curled around his. They were together again. “We don’t believe she will be able to make it through a trial.”

“I’ve made some inquiries regarding a plea bargain.” Kip took over. Josie remained impassive, her heart hardening with each word spoken.  “I believe the District Attorney would be open to that. I think a plea bargain would be in everyone’s best interest.”

The silence was palpable in the glass house with the high ceilings. It wafted upward like heat, leaving the space between Josie and the Rayburns. It was a frigid, unwelcoming place.

“Really? And what are the conditions of your plea?” Josie asked quietly.

“Care, not incarceration, is what we’re after,” Kip answered.

“That’s what you want, Linda?” Josie asked.

Linda got up, unable to look Josie in the eye. She walked toward the tall windows that opened onto the beach.  Her reflection in the glass was ephemeral: hands lengthening as they wrung together, face contorting into a rubbery mask of grief, her body a watery column of sky blue silk. Her back was to Josie. That was a dangerous position to be in because Josie’s outrage was as sharp as a dagger. But her anger was meant for Kip Rayburn. He was like the kid who plays hide-and-seek, then rats on everyone so he can win the game. When Linda muttered her agreement, Josie turned on Kip.

“Do you believe Hannah killed your father?”

“No. No we don’t.” Linda was quicker than her husband but he weighed in.

“I didn’t say that,” Kip insisted.

“Then you have no faith in my ability to defend your daughter,” Josie pushed. “Is that it?”

“No.”  Kip said.

“Of course not . . .” Linda walked around the couch, trailing the thought into nothingness as she sat down next to her husband. “Josie, our decision has nothing to do with you.”

“Well it must if you feel that your husband has to act as counsel and discuss a plea behind my back. I didn’t realize you were a criminal attorney, Mr. Rayburn.”

“I’m not, but I understand that there are always options in any trial.  I believe if you can expedite a matter to the benefit of everyone concerned, then it should be done.”

“And that’s just going to be a fine attitude on the bench, isn’t it?” Josie drawled sarcastically. “Forget justice.  Forget the question of innocence or guilt.  You’ll just make sure everyone’s happy by making problems go away.”

“Josie, please. This is about what’s good for Hannah,” Linda cried.

“No it isn’t. In fact, I don’t exactly know what this is about.” Josie leaned on the arm of her chair and pointed with one hand at Kip Rayburn. “And if you’re so all fired up and determined to do what’s right for Hannah, where were you when she needed your help? The night she was arrested, for instance? The day of the bail hearing when, for your information, I already flew that plea balloon past Rudy Klein.  He wouldn’t even discuss it. Where were you then?”

“I was mourning my father, Ms. Bates, and I don’t appreciate you questioning my motives. My concern is for my wife, myself and, yes, my stepdaughter. If you question that, then why don’t you convince me that you can prevail if we go to trial?”

“Why don’t you ask me to walk on water?” Josie threw up her hands. “I’ve had the discovery documents less than a week. If you want me to lay out a defense I can’t do it, but I can tell you there are problems with the prosecution. Klein hasn’t asked that lesser charges be considered.  That means he will have to prove beyond a shadow of a doubt that Hannah intended to kill Fritz, and I’ll make that damn near impossible for him.”

Kip scoffed, “That’s too simplistic. Nothing is ever certain with a jury trial.”

“Kip’s right.  Nearly impossible isn’t good enough,” Linda murmured.   Her green eyes clicked a notch to look past Josie’s shoulder. Josie tried to engage her again.

“But, Linda, if we plead out Hannah still goes to jail.”

“That’s not what we want,” Linda said quietly. “We don’t want her in jail at all.”

Josie pulled back, surprised and curious.

“What do you think could happen? What do you think they would do with her? Slap her wrists and tell her not to play with matches?”

“Hannah can be remanded to a psychiatric facility for treatment. She’ll plead no contest to arson and reckless endangerment in the death of my father.” Kip was firm. He spoke for both of them yet, unlike Linda, his face was as blank and transparent as the end sheet of a book.  “It would be best for everyone. Linda and I both agree.”

Josie’s elbow was cocked on the arm of the chair.  She cradled her chin and looked at the two on the couch.  Finally, she shook her head and dropped her hand.

“No. I won’t let her plead out to a sentence in a state run psychiatric facility. I’m sorry.”

Josie started to get up, but Kip stopped her with a warning.

“You don’t have a choice here, Ms. Bates.”

“But I do have a voice. Linda gave it to me when she retained me. Listen, if you put Hannah in a place like that she’ll never get well. She will be locked up with women who are certifiably insane. Hannah may have problems, but there is no way you can put behavioral difficulties on a par with schizophrenia and homicidal . . .”

Josie paused and sat up just a little straighter. She’d almost missed it.  She slid her eyes Kip’s way.

“This isn’t about Hannah. It’s about you, isn’t it? You’re worried about your confirmation, so you’re going to sacrifice Hannah.  Is that it?”

“I resent that.”  Linda half rose from the sofa but Kip held her back. She shook him off hard.  “I’m the one that begged you to take this case, and that should prove I’m worried about my daughter. A trial will jeopardize Hannah’s mental health and that’s what we’re concerned about. Period.”

Josie opened her mouth to argue but before she could, Kip asked the million dollar question.

“How do you know she didn’t murder my father?” Kip asked quietly.

“Because she said so in court,” Josie pointed out.

“How do you know she didn’t set the fire that resulted in my father’s death?”

Josie understood the implication. Setting the fire without knowing Fritz was in the house would be a lesser offense and, indeed, Josie could plea bargain down on that. But she knew something they didn’t.

“It doesn’t matter. Death in the commission of arson doesn’t apply here.”  Josie looked straight at Kip Rayburn. “Your father sustained a head wound before the fire started.”

“Hannah hit him? She. . .she attacked my father?” Kip stuttered in disbelief.

“We don’t know who hit him.” Josie answered honestly. “It could have happened in a fall and then we could argue death in the commission of arson. But Rudy Klein believes it was a deliberate assault. That’s why a satisfactory plea is going to be nearly impossible.  Your only choice is to let me build a defense. Hannah is entitled to that, at least.”