The Verdict, page 15
I paced my office, walking in circles around my desk as I reviewed everything I knew, practically banging my head against the wall to figure it out. It wasn’t until almost an hour later that I realized there might be a different angle here than what had happened in the hallway of Thomas Guyton’s apartment.
I thought about how angry Barbara had gotten on the night she’d broken up with me. At the time, I’d attributed that to her but had later learned she’d been poisoned with a drug she’d unintentionally eaten in a candy bar.
That had not been a good night for Barbara. I’d never seen her so angry.
Did they think Barbara had a temper issue? What if the prosecution wanted me to testify about that to argue she lost her temper and killed Thomas?
Was this how they’d try to use me to testify against her?
I couldn’t think of anybody I’d ever told about it, but Barbara had probably relayed the incident to other people.
It would never work, but I could still see Frank Ward trying.
It was at that moment my phone rang.
Frank Ward was calling.
37
My phone rang three more times before I finally answered it. During that interminably long period, I debated whether I should even answer it at all. It might be best if I didn’t return Frank Ward’s calls for a while.
I can’t do that, I thought, thinking of several other active cases where he was the prosecutor. I couldn’t let this personal issue with Barbara influence how I treated the prosecutor in some of my other cases. I’d gone to great lengths to maintain a working relationship, knowing it occasionally yielded benefits I couldn’t foresee ahead of time.
“Mr. Ward,” I said, instantly regretting the formal tone I’d adopted when answering the phone. “What can I do for you?”
It was a bad sign I’d instinctively addressed him so formally. I usually just called him Frank.
Perhaps I was more wound up than I thought.
“Mr. Turner,” Frank said dryly. “I’m wondering if you have a couple moments to answer a few questions.”
“Sure.”
“It’s about Barbara, just to get that right out in the open. I know she used to be your girlfriend. You probably also know I’m the prosecutor on her case.”
“I’m aware.”
“I understand you broke up with Barbara approximately six months before she dated Thomas Guyton. Is that correct?”
“I can’t be sure of the exact timing. I wasn’t around when she started to date him. I can tell you that after we broke up, it wasn’t until months later that I learned she was dating somebody else. When that happened? I couldn’t say. It’s not like I took note.”
Frank didn’t respond right away.
“Hey, you know what, let’s meet in person if that’s okay? I think it would be best if we had this conversation that way.”
“Sure.”
It was another bad sign he wanted to meet with me, but I couldn’t very well refuse. My instincts were correct. Frank definitely thought he’d get something from me, and I had to dissuade him of this while mining him for information.
Frank gave me an address. I told him I’d be there in fifteen minutes. After I got off the phone, I stared at it as if it were a snake about to bite. I had a feeling I’d be pulled into Barbara’s trial whether I wanted to be or not.
Part of me wanted to tell Keith Williams what had just happened to see if I could use it to fish information out of him, but my instincts told me it was the wrong move. If I told Keith about this meeting, he’d tell me I couldn’t go, claiming he’d just hired me as an attorney for the case and could tell me what to do.
This was something I hadn’t anticipated when I’d signed that piece of paper.
Perhaps it might’ve been better if I didn’t keep my meeting with Frank Ward, but I refused to let the opportunity pass.
I’d never been anybody’s puppet, and I wouldn’t start today. I was also positive I’d walk away with far more than Frank would.
38
Frank Ward was already waiting for me when I walked into the diner. A mug of coffee sat in front of him, and he was munching on a donut. He stood when he saw me and extended a hand.
“I hope you don’t mind that I got a head start on you and ordered already,” he said. “I missed lunch, and I’m starving.”
“Looks like a nutritious dinner.”
Frank smiled. “It’s just a snack. I probably won’t get dinner for a couple more hours. I have a case set for trial next week. That means I usually don’t eat until midnight.”
“What’s this about?” I asked as soon as I was sitting across from Frank.
The waitress walked up before he could answer. “Can I get your order?”
I motioned to what Frank had. “I’ll take a Coke and one of those donuts.”
“Be right back.”
“I want you to know we’re being careful and thorough on Barbara’s case,” Frank said after popping the last bite into his mouth. “I know she’s important to you, or at least she was, and I want to make sure I do everything I can to run this case the right way.”
I snorted. “Then you shouldn’t be charging her. She’s innocent. You should find the real killer.”
“The evidence says otherwise. It’s taken us to a different place.” He gave me a sincere look. “I’m sorry. I didn’t want to be the one to tell you that, and I certainly don’t want to be the one prosecuting your ex-girlfriend, but there it is.”
“Sure.”
“I asked you here because I have a few questions about Barbara.”
I hesitated, wondering exactly how much I should say and when I should say it. I decided to just come right out with it.
“I should tell you I’ve been retained as Barbara’s co-counsel—”
“What?”
“I’m an attorney on their team.” I hoped that by revealing this, I could take a shortcut to what Frank wanted from me. I’d essentially thrown down the gauntlet, and now it was his turn to decide how he’d fight.
Frank’s nostrils flared. “When did this happen?”
I just shrugged, not taking my eyes off Frank for a moment. It might have been funny to see him so worked up, but I couldn’t summon amusement. That hadn’t been my intention. I was playing the cards I’d been dealt, and I desperately wanted to learn what was going on with Barbara’s case.
But I was playing with fire.
“Keith did this. He just called you today, didn’t he?” Frank shook his head and muttered something inaudible.
“I’m not at liberty to talk about the terms of my retainer,” I said slowly while studying Frank’s face.
“He caught word of what we’re planning and immediately retained you.” Frank pushed his chair away from the table. “Well, isn’t this just great?”
“Care to tell me what’s going on, Frank?”
“How about you? Why don’t you tell me what’s going on?”
“I think you have a crummy case. In fact, I know you do. I think your instincts are screaming that Marc Guyton and his gang had something to do with this, but you’re trying to wrestle the facts in a different direction.”
Frank was shaking his head by the time I finished. “She had the victim’s blood all over her, Mitch. She was found in his apartment after he’d been killed. We have a time of death, and she was certainly there from her own statement already given to the police.”
I nodded, resisting the urge to point out she’d been showering at the time. That was exactly what Frank was trying to get me to do. He wanted me to start talking. He wanted me to accidentally reveal something Barbara had told me in confidence. Then he could use that information to dig further info out of me or at least make an argument before a judge that there wasn’t any attorney-client confidentiality because I’d already breached it. That argument wouldn’t fly, but Frank would try it.
I wasn’t going to give him an inch.
Frank waited, but when it was apparent I didn’t have anything to say, he continued. “We have her cold. There’s no doubt she did this.”
“Are her fingerprints on the weapon?”
“You tell me. You’re an attorney on the case. You have the disclosures.”
I didn’t respond.
“Keith didn’t give you that paperwork, did he? This is a sham. He’s only retained you so that you couldn’t talk to me. He’s trying to block you from testifying.”
I gave Frank a level look. “Here I am. I’m talking to you. I can’t officially talk about the case because Keith Williams is leading the charge. Do you think we should call him?” I leaned forward. “Maybe it would be best if he were here.”
Frank ran his hand through his hair and slammed it down on the table in front of him, nearly sending his coffee mug over the side. Coffee spilled onto the table, but he didn’t notice.
“I’d like to talk more about when you broke up with Barbara.”
“We’re in a complicated situation. I represent Barbara, and you’re trying to ask me questions about her. I’m not going to answer any questions about my client.”
“Fine. Have it your way. I’ll do it the hard way.”
“Here’s your order,” the waitress said cheerfully, apparently having missed Frank’s outburst. She gave me my Coke and set a donut in front of me.
I gave her a pleasant smile. “Can I get this to go?”
39
I went straight to Keith Williams’ office after my meeting with Frank Ward. Things would go differently now I knew more about what was happening. It was past 7:00 PM by the time I arrived at the building and entered the elevator. I frowned when I stepped out onto Keith’s floor and saw that there was no longer a receptionist at the front desk to let me into the office.
But there was a doorbell.
I had to ring it three times before Keith Williams finally showed. He stopped outside the glass door and looked at me.
“What are you doing here, Mitch?”
“We need to talk. In private.”
Five minutes later, we were both seated around the same conference room table we’d used several hours before.
“I want the disclosures,” I said. “I want the paperwork. You’ve retained me as an attorney, so I need to see it all.”
“I don’t think you understand the nature of your relationship to this matter.”
“I understand enough.”
“What’s that supposed to mean?”
“I just came from meeting with Frank Ward.”
“You met Frank without consulting me?”
“I meet with Ward all the time. I have half a dozen cases with him right now.”
“What did he want?” Keith finally asked.
“Frank is convinced I’m not part of the legal team representing Barbara. We need to fix that. Now.”
Keith went white in the face. “What?”
“It was obvious right before I signed that paper you were trying to keep me from being called as a witness.”
Keith said nothing.
“It didn’t occur to me until later that the reason why you wanted to retain me was not because of anything that happened when Thomas was killed but because of my prior relationship with Barbara. It wasn’t two minutes later I got a call from Frank Ward. You’re lucky I’m on top of things today; otherwise, I might have walked into a trap.”
“What did you tell him?”
“Where are my disclosures?”
Keith looked like he was about to pound the table but stopped at the last moment. “I’ll see you get something.”
“That’s not good enough. I want in on the ground floor. I want to be invited to every meeting. I want to be on every call.”
“I’m not sure that’s wise.”
“You have a choice. You brought me onto this case, hoping to shut me up and shut me out. Frank Ward immediately guessed what you’re trying to do, so we have to shut him up. We have to prove I’m actively working and haven’t been retained just to keep me quiet. The only way to do that is to have me on this case with you from the beginning. I need to know everything that’s happening. I need to be part of all major discussions and decisions.”
“What you’re talking about far exceeds the five-grand retainer I agreed to pay you.”
“I don’t care about the money. I’m happy to offer my services for a flat fee. The retainer is sufficient for everything I’ll bring to the table. I’ll make sure to keep a careful record of all I do so that if the judge wants proof I’m not just an honorary member, we can send Frank packing back to the hole he came from.”
Keith Williams studied me. “There’s a good chance you can still be called as a witness.”
“Which is the reason you retained me. Let’s just make sure everything is legitimate so there are clear boundary lines about what I can and cannot say. My instincts tell me if Frank knows I’m a full member of the team, he’s gonna back off.”
“Fine. I’ll see you’re brought in on the ground floor. We have a meeting at 10:00 AM tomorrow morning. I’ll send you the files before 8:00 AM. Please try to be well-informed by the time you arrive.”
“I will be.” I stood and moved to leave, but Keith went to his feet and kept me from opening the door. “You still didn’t tell me what you talked about with Frank Ward.”
“He wanted to know about my breakup with Barbara. He seemed to think it was somehow relevant.”
Keith went still. “What did you tell him?”
“I confirmed that after we broke up, she started dating Thomas Guyton at an unspecified date.”
“Did you tell him who ended the relationship or any of the particulars?”
“No.” I paused, remembering Frank had assumed I’d dumped her, probably hoping I’d correct him if it was wrong. “But that’s what he was going for.” I stared at Keith. “What’s his angle?”
“I’m not a hundred percent sure, but I believe he heard about the candy bar incident, only he thinks she was using, so clearly, he doesn’t have the story straight. He wants you to testify she’s an addict.”
“That will be easy for the jury to believe once they know Thomas Guyton is a drug dealer,” I said. “Then he can argue she killed him in a drug-fueled rage. It’s going to be hard for the jury to believe she was dating a dealer and didn’t know he was dealing. They’re going to think she had free access to the product.”
Keith nodded. “Perhaps you’re a better attorney than I gave you credit for. See you at 10:00 AM.”
40
Barbara and I’d previously agreed we’d meet at my office before heading to dinner, but she was a little surprised when I suggested we go inside to talk first. She looked around as if reliving memories that seemed both pleasant and painful as she took a seat.
I sat beside her.
“We can’t go out to dinner tonight,” I said, ripping off the bandage before we had a chance to talk about anything else. “Keith Williams has retained me as an attorney on your matter, and while it wouldn’t be inappropriate for us to meet during this time, it’s best we don’t publicly. We want to avoid even the appearance that our personal relationship has resumed.”
“What’s going on, Mitch?” Barbara asked quietly.
“I’m not quite sure myself. Four hours ago, I got a call from Keith Williams. He wanted me to meet at his office. He asked me to be an attorney on your case and then had me sign a paper. Afterward, he told me to pack it up and go home. A little while later, I got a call from Frank Ward, asking questions about you. It became obvious Williams was trying to keep me from talking to Frank by retaining me as counsel. I went back to Williams and told him I have to be a part of everything, or Frank would think it was just a facade. He’s now agreed to give me everything and include me in all meetings so I can work on it too.”
“I’m going to miss not having dinner tonight,” Barbara said carefully. “But I’ll sleep better knowing you’re on the case, Mitch.”
“Are you sure?”
“Absolutely. The one thing I could never say bad about you is you always did a good job for your clients. It will be interesting to see the other side.”
“So obviously our dinner plans are off tonight,” I said. “We want to avoid the appearance of impropriety.”
“That’s for the best.” She studied me. “How about we order pizza and eat it in your conference room?”
“Sounds great.”
41
Several hours later, I walked Barbara out to her car. I might have been tempted to give her a quick peck, but those skateboarders were there again in the corner of the parking lot. I glowered at them as I returned to my office. At one point during the evening, I received an email notification from Keith Williams, telling me he’d electronically shared the files for Barbara’s case.
I typed a quick response to Keith, telling him I’d also have my investigator work the case.
I wasn’t asking permission.
After that, I dialed Winston.
“What’s going on, Mitch?”
“I’m officially back on Barbara’s case.” I quickly explained the high-level details about what had happened. “So you get to officially investigate the case, and you’ll work together with Keith Williams’ investigators now too.” This wasn’t something I’d actually mentioned to Keith. I was just making an assumption. Winston would take it from there.
I thought I heard Winston’s knuckles cracking on the other side of the line. “If you can’t beat them, join them?”
“Something like that.”
“We’re going to get her through this, Mitch. You don’t worry about that. She’s a good woman. The court will see it, the jurors will see it, and we’ll get her off the hook.”
