Beyond A Reasonable Doubt (16 page)

CHAPTER THIRTY-EIGHT

Marcus reached for the buzzing cell phone as he exited the federal courthouse. The jury had taken longer than he’d expected to come back with a not-guilty verdict. Then the judge had droned on about thanking them for doing their civic duty. He wanted a good cigar and cold drink, but that would have to wait until he stopped by the jail and saw the Elkinses. At least he could enjoy that.

Hitting the button to answer, he raised the phone to his ear. “I see you took care of things for me.”

Gregory’s deep laugh came through the cell. “Gave Redmond and Savior just enough time to verify it was suicide and then toppled the whole damn house. They got out in time. Barely.”

“You’re a good man, Gregory. How about our other problem? Did you find anything at the house?”

“Her friend’s got a daughter at Stanford. Figured I’d take a trip out there tonight, find out where the mother is.”

“Good. Keep me informed.” Marcus hit the End button and descended the steps. The news about David was mildly upsetting. He’d been useful over the years. It would take time to find a new recruit to take his place.

He entered the jail, smiled at the guard, and stated his purpose. “Marcus Dade. I’m here to see my clients, William and Michael Elkins.”

The guard buzzed him through. “Right this way, Mr. Dade.”

Marcus followed him down a long hallway, where the guard opened a door to an interrogation room. “I’ll bring them in. Would you like some coffee?”

Marcus shook his head. “I won’t be here that long. I assume this room is safe?”

The guard nodded. “Yes, sir.”

Marcus sat at the table and opened his briefcase. He glanced over the indictment Jenna had faxed his office earlier.
You’re one smart cookie, Jenna James.
He needed to find a way to eventually sway her to his side.

“Where the hell have you been?” William Elkins glared at him as he stomped into the room. “Michael needs medical care, and I’m not spending another damn minute locked up like a criminal.”

Marcus let his eyes travel over the pair and pointed to the chairs on the opposite side of the table. “Have a seat.”

He waited until the two were seated and began to read the indictment to them.

William Elkins slammed his fist on the table. “What the fuck are you doing?”

Marcus met his angry gaze. “My job, William. I have to inform you of the charges against you and your constitutional rights.”

“I know my damn rights. What I don’t know is why you’re fucking around with me. You get off your ass and go get us released.”

Marcus glanced at Michael, who had been quiet up to that point, and raised an eyebrow,

Michael turned to his father. “Shut up, Dad. You got us into this mess.”

The judge glared at his son before turning his heated gaze back to Marcus. “I go down, you son of a bitch, I’m taking all of you with me. You better get on the phone to Garcia and get me out of here.”

Marcus leaned back, the corners of his mouth lifting slightly. “David Garcia killed himself earlier today. Jenna James is the new DA. She’ll be prosecuting your case.” That fact seemed to knock the wind out of the two of them, and Marcus liked that.

Michael’s face paled even more, and the old man’s lips opened and closed, his jaw trembling.

“I’m sure that gives you some idea of what you’re up against. Here’s how it’s going to be. I’m going to finish reading the indictment and advise you of your rights. I’m then going to call Miss James and see if we can reach some kind of deal. If that fails, we’ll go to arraignment in the morning where I will, of course, plead you not guilty and attempt to get the charges thrown out. If that fails, I’ll arrange bail, and you’ll be home by lunch. Any questions?”

Neither of them spoke, so Marcus picked up the indictment and finished reading it. He then advised them of their rights as well as what they could expect if found guilty. “I assume you both want to plead not guilty?”

Judge Elkins found his voice again. “You’re damned right we’re pleading not guilty.”

Marcus closed his file and stood. “Good. Now, William, I’d like a few minutes alone with Michael if you don’t mind. There are some loose ends I need to tie up.”

Marcus walked to the door and called the guard. “I’d like a few minutes with the son, but the father is ready to go back to his cell.”

William glared at him but kept his mouth shut as he walked out in front of the guard. Marcus closed the door and returned to the table. He drummed his fingers on the table. “Michael, Michael, Michael, what are we going to do about your father?”

“Get me out of here, and I’ll take care of it.”

Marcus smiled. “Now, that’s what I wanted to hear. Here’s the plan. I’m going to call Jenna James and offer her a deal. I get the judge to confess, based on dismissal of all claims against you. You were overwrought with grief from the death of your mother. You clearly weren’t thinking right.”

“She won’t do it,” Michael said.

“What happened to your lip?” Marcus asked.

“That damned Indian hit me. I’ve got two loose teeth, and I’ve been having chest pains all day. I need my medicine.”

Marcus reached into his briefcase and pulled out a bottle of pills. “I picked these up earlier. Don’t get caught with them.” He handed the bottle to Michael. “Be glad Redmond hit you. Jenna’s quite fond of him, I believe. I can use that for leverage.”

Michael popped a pill under his tongue. “The old man will never confess.”

“I know that, and you know that, but Jenna doesn’t know that. By the time she figures it out, the judge will be gone, and the case will naturally be closed.” He placed the file back in his briefcase. “Have you got an unregistered gun, Michael?”

Michael shook his head. “Had to get rid of it after I shot Andrews.”

Marcus closed the briefcase and locked it. “Stop by my office after you’re released tomorrow. I’ll have something for you, and we’ll finalize our plans.”

Michael stood and extended his hand. “Thank you, Marcus. You won’t regret this.”

Marcus ignored the hand and moved around him. “Make sure I don’t.”

CHAPTER THIRTY-NINE

Jenna let herself into her house, not waiting for Geno and Marko to do their normal walk-through. She was tired, and she was hurting. Sitting in David’s chair, answering his phone, and taking the oath of office she’d watched him take twice in the past eight years had worn her out emotionally. She’d barely slept the previous night, and she didn’t think that night was going to be much better. At least with Grant’s help, she’d managed to get the indictment prepared and faxed to Dade.

Her cell phone rang, and she picked up and dug through her purse to find it. “Hello.”

“Miss James?”

“What the hell do you want, Dade?”

“Well, first I’d like to offer my condolences on David’s death. He was a good man, and—”

Jenna hit the End button and tossed the phone across the room. She might have to listen to him in court the next day, but she’d be damned if she’d listen to him offer false condolences about David.

The phone rang again. She stared at it for a moment before walking over and picking it up. “What do you want, Dade?”

“A deal.”

“There’s not going to be any deals. Your clients are guilty.”

He laughed softly. “Of course they are, Jenna—of much worse things than what you’ve accused them of—but your evidence is circumstantial. And what if you lose?”

Jenna rubbed her right temple, gripping the phone more tightly in her left hand. She could lose. They could both walk, and if they did, there would be nothing she could do to protect Harry and Jake from their vengeance. Police officers died in the line of duty all the time. “All right. I’m listening.”

“Here’s what I propose. I met with Michael today, and we believe it’s possible we can convince the judge to plead guilty once they’re released on bail tomorrow. If the judge changes his plea to guilty, you drop the charges against Michael.”

“No deal. Michael Elkins is going to jail.”

There was silence on the phone, and for a moment, Jenna thought he’d hung up. His voice came back across the wire, soft and silky. “You’re thinking David sold out, aren’t you, Jenna? He didn’t. We simply helped each other. The charges you have against Michael Elkins will get him two years. Maybe five if you’re lucky. With no priors and friends in the system, he’ll be out on shock probation in less than six months. Wouldn’t you rather convict him of murder? I know I like tying up all loose ends. So did David, and I believe you do too. Michael admitted to me that he killed Ben Andrews. Of course, I’ll deny that if you bring it up. Agree to dismiss these charges if his father pleads guilty. I’ll find out what he did with the gun. You can then prosecute him for murder. Think it over and meet me in the law library at nine thirty. We’ll talk before the hearing in the morning.”

She hit the End button. She didn’t want to think about it, but she knew she would. The chance to prosecute Michael for Ben’s death was too good to pass up, even if Dade was lying. The problem was she didn’t think Dade was lying. For reasons of his own, he wanted both the Elkinses out of the way. Neither of them would last a week in prison.

She headed for the kitchen to start dinner for Jake and Harry just as another thought hit her. Dade was throwing her a bone, showing her how easy it was to get the guys she wanted—with his help. He’d insinuated that’s what David had done. He’d pulled him in with bigger cases and better cases. She wanted Michael Elkins for murder. Once Dade had hooked her with this case, could she break free? And if she couldn’t, what would Dade demand in return?

Jenna realized she didn’t care. Avenging Ben’s death by putting Michael Elkins behind bars was all that mattered. Dade was right. Michael didn’t have a prior record, and she’d be lucky if he wasn’t released on probation. She turned and headed for her bedroom and a change of clothes. She’d call Harry and have them pick up something on the way home.

~ ~ ~

Jake closed the door to the cruiser, pulled his seat belt across, and hooked it. “I’m beat. Think JJ’s got dinner, or do we need to stop?”

Harry started the car. “She called earlier and asked if we could pick up something. Said she wanted to go over the paperwork just to make sure she hadn’t forgotten anything.”

Jake turned and eyed his partner. “You sound kind of dubious. You think something else is going on?”

Harry backed out of the driveway. “Yeah, I think Garcia’s death pushed a button. We need to keep a close eye on her the next few days. Probably be a good idea for one of us to go to that arraignment.”

Jake leaned back in the seat and grinned. “You’re the early riser. Let’s hit a fish place and call it a night.”

Harry drove back toward town. His thoughts kept going back to the phone call. Jenna had seemed different. Colder. Not unusual after all she’d been through in the past week, but still, the reaction would have been more normal right after the rape—not right then. And she hadn’t been that way earlier when he talked to her. Had something happened at Beaumont’s? A large sign flashed ahead, and he pulled into the drive-thru and ordered four fish-and-chicken dinners. He was too tired to think about it.

CHAPTER FORTY

Jenna stepped back and checked her reflection in the bathroom mirror. The extra foundation under her eyes had helped, but it still didn’t totally hide the deep purple circles. She’d barely slept at all. She’d noticed the hurt in Harry’s eyes when she’d walked away the night before, feigning exhaustion. He knew—maybe not what—but he knew she was up to something. She smoothed down her skirt and slipped on the new heels she’d purchased the previous day. She was the epitome of professionalism, the perfect image of a woman about to sell her soul to the devil.

Grabbing her briefcase, she exited the bedroom and walked softly down the stairs. She had an hour to get to court. If she was lucky, she could escape without waking either of them.

“Good morning, Jenna.”

Startled, she turned toward the voice and smiled. “Harry, you startled me. I was hoping I wouldn’t wake you or Jake.” She finished descending the stairs, glancing at the empty sleeping bags in the living room. “Where is Jake?”

“He went outside for a smoke.” Harry uncrossed his arms and stepped into the living room. “We figured we’d go with you to the arraignment, unless there’s some reason you don’t want us there.”

Jenna set down her briefcase. “Harry, it’s not that I don’t want you there. If things go wrong today, you and Jake could be in danger. I don’t want another death on my conscience.”

Harry came closer, near enough for her to smell the light scent of cologne on his freshly shaved face. “You’re not a very good liar, Jenna.”

Jenna looked away, afraid to meet his eyes. “I’m meeting Dade before the arraignment. He offered me a deal.”

Harry moved closer, his breath warm on her face. “What kind of deal?”

“He’ll get William to confess if I’ll dismiss the charges against Michael.” She raised her head and gazed into his dark-brown eyes. “Then he’ll help me get the evidence to convict Michael for killing Ben.”

“And what’s Dade getting out of this?”

Jenna turned away from him. “I don’t know, and I don’t care. I’ll probably owe him a favor at some point. I get to convict Michael Elkins of Ben’s murder, Harry. On the current charges, I’ll be lucky if he gets six months—if they lock him up at all. He could get life for murdering Ben.”

Harry grabbed her arms, forcing her to look at him. “Don’t do this, Jenna. You can’t play Dade’s game and win.”

Wrapping her arms around his neck, she laid her head on his shoulder. “I don’t know what to do, Harry.”

He held her for a moment, whispering in her ear. “You know what to do. Go in there and demand what you need on your terms. Take back your power.”

Jenna broke the embrace but didn’t pull away from him. Why did he always make her feel as if she could do anything? Taking a deep breath, she looked into his eyes and smiled. “All right.”

Harry hugged her again. “I fixed some cups of coffee to go. Let me get them, and we’ll be on our way.”

Jenna used the drive to the courthouse to calm her nerves. She was always nervous before a hearing or a trial, but that day was different. She’d have to look at Michael Elkins for the first time since he’d raped her. Her fingers moved on her purse. When she looked up, Jake was staring at her.

“You want to hand over the gun, Jenna?”

She reached into her purse, pulled it out, and passed it to him. “How did you know?”

He grinned at her. “Because it’s what I would do.”

Harry pulled into the courthouse parking lot, parked, and cut the engine. “Where are you meeting Dade?”

“The law library. It’s on the second floor right outside the courtrooms.”

Harry climbed out and opened her door. “Let’s go.”

Jenna led the way as the three passed through security and climbed the steps to the second floor. Her heels clicked down the hall. “The arraignment is set for ten, but the judge may want to talk to us before he starts.”

Marcus Dade was standing in front of the library door. “Good morning, Miss James.” His gaze flicked over Harry and Jake. “Mr. Savior, Mr. Redmond.”

“You said you wanted to talk before the arraignment.” Jenna walked forward, hands clutched around the briefcase. “Let’s talk.”

Marcus once again gazed toward Harry and Jake. “I would prefer to talk alone.”

Harry stepped forward, but Jenna raised her hand and shook her head. “I’ve got this, Harry.”

She walked into the library ahead of Marcus and sat down at the table. He followed, closing the door behind him. Pulling out a chair, he sat down next to her. “Have you considered my offer?”

“Yes, I have. And I have a counteroffer for you.”

Marcus smiled at her, his dark eyes piercing. “Do tell.”

“I’ll accept your offer to dismiss the claims against Michael once Judge Elkins has confessed, but I want more than just the gun.” Her chin jutted slightly upward as she met his gaze. “I know you well enough to know there’s more than that. I want enough evidence to ensure Michael Elkins is convicted of murdering Ben Andrews.”

Marcus chuckled, the sound seeming to echo in the room. “I like you, Jenna. You’re cute, you’re smart, and you’re a damn good lawyer. On top of that, you know how to drive a hard bargain. I’ll get you the gun and photos of Michael’s car parked in the alley. I also have video of the murder. You’ll have everything you need to make sure he’s found guilty.”

Jenna pulled out the small tape recorder she’d turned on before entering the room. “Fail to deliver, Dade, and I’ll turn this over to the right people, the ones that don’t wait for a trial.”

Dade chuckled again. “I’ll go get Michael, so we can tell him we have a deal. He’s going to have to hear it from you to believe it.”

Jenna waited until she heard his footsteps receding, stepped out of the library, and handed the tape recorder to Harry. “We need to make several copies of that and store them in safe places.”

Harry slipped the recorder into his pocket. “Good girl.”

Jenna swallowed and glanced down the hall. “He’s gone to get Michael.”

Jake headed for the library. “It’s customary for the arresting officers to sit in on any deal.”

Jenna glanced at Harry. “I’d forgotten, but actually it is.” Linking her arm through his, she walked in with him and sat back down at the head of the table.

Harry stood behind her. He bent and whispered in her ear, “This way, if he looks at you, he also has to look at me.”

Jenna laughed softly just as the door opened and Marcus walked in with Michael.

She took charge, addressing them both. “Mr. Dade, Mr. Savior and Mr. Redmond were the arresting officers. They’d like to sit in, and I believe that’s allowed when discussions of any deals are on the table.”

“No objection, Counselor.” He pulled out the seat next to his and pushed Michael toward it. “Have a seat, Mr. Elkins.”

Jenna opened her briefcase and pulled out a document. “Per our conversation, we’ve reached an agreement that, should Mr. Michael Elkins convince Mr. William Elkins to confess to the murder of Olivia Elkins, the charges of conspiracy, tampering with evidence, and transporting a dead body across state lines will be dismissed. Should Mr. William Elkins not confess to the murder of Olivia Elkins, the charges against Mr. Michael Elkins will be prosecuted to the full extent of the law. Is that your understanding, Counselor?”

Dade took the sheet she passed to him and read it quickly. “I believe that’s the deal, Counselor. Mr. Elkins?”

Michael glared at the document. “I want that son of a bitch prosecuted for hitting me.”

Dade passed the paper and a pen to Michael then placed an arm around his shoulders, his hand moving to his neck and squeezing hard. “Mr. Elkins apparently doesn’t understand the terms of the agreement. Would you like to rephrase that, Mr. Elkins?”

Michael squirmed under the hold before picking up the pen and signing the document. “It’s agreeable.”

Marcus smiled and released his hold. He took the document from Michael’s hand and signed it before passing it back to Jenna for her signature. “I assume you’ll have a copy for me, Counselor?”

Jenna signed her name and placed the document back inside her briefcase. “Just as soon as we’re finished with the arraignment.”

Marcus stood up and pulled Michael up with him. “Good. I’m glad that’s settled. Gentlemen, I’d like one final word with Miss James. Would you mind escorting Mr. Elkins back to the holding area?”

Jake and Harry moved around the table, each taking one arm of Michael Elkins. “We’d be glad to.”

Jenna closed her briefcase and stood up. “I think we’re finished, Dade. At least for the moment.”

“I hope you have your argument ready. I’m going to argue hard against you in there—not hard enough to get the charges thrown out, but hard enough to convince Elkins I tried. Now, I need something from you.”

Jenna stared into his eyes. She’d been waiting for that moment, dreading it. “What?”

“Well, as you know, my clients are almost destitute at the moment. When I ask for bail, I’d like to have them released on their on recognizance. I expect you to argue against it and then agree. I need them released if we’re going to have any chance of convincing William he needs to confess.”

Jenna picked up her briefcase. “All right. But that makes us even, Dade. There won’t be any more favors or deals.”

Dade waved his hand toward the door. “After you, Counselor.”

Jenna glanced at the courtroom, surprised to find it empty. With an arraignment that high profile, she’d expected tons of news media.

Harry leaned in and whispered, “Judge ordered the courtroom cleared. The press is lining up outside like vultures. We’ll have to find a way to sneak you out unless you want to talk to them.”

“Let’s see how it goes first. I lose, we sneak out.”

Sitting down at the prosecutor’s table, she opened her briefcase just as Marcus strolled in with his clients beside him. Michael leered at her until his gaze fell on Harry. Then he quickly averted his eyes.

“Why don’t you and Jake take a seat behind me,” she suggested. “Maybe the judge will let you stay.”

Harry squeezed her shoulder. “Give them hell, Counselor.”

“All rise. The Honorable Judge White presiding.”

Jenna stood, her eyes straight forward. Judge White entered the room from chambers, took his place behind the bench, and opened the file in front of him. “The court calls the case of State of Texas versus William Elkins and Michael Elkins. I see the defendants are here and represented by counsel. Miss James is here representing the state. Mr. Dade, I assume you have advised your clients of the charges against them and their constitutional rights?”

Marcus stood up. “I have, Your Honor.”

“Are there any preliminary matters, or would you like to go ahead and enter a plea?”

Dade picked up his paperwork. “Your Honor, if counsel may approach the bench, please?”

Judge White nodded. “Proceed.”

Jenna picked up her paperwork and followed Marcus to the bench.

“Your Honor, Miss James has brought serious charges against a former member of this very bench, charges that have no supporting evidence. I’d ask that the court dismiss the charges.”

“Miss James, would you respond please?”

Jenna stood up straight, longing for her Manolo Blahnik heels. “Your Honor, the evidence is circumstantial at this point, but unfortunately the witnesses that could corroborate the evidence are being killed or dying quickly. We moved on this case quicker than we would under normal circumstances to preserve both the evidence and the lives of the remaining witnesses.” She pulled out the first news article. “Mr. Harwood Burns, Your Honor, was the undertaker for Mrs. Elkins and cremated the body. We believe he had information, including pictures of the condition of the body. He was murdered.”

“Your Honor,” Dade interrupted her. “Mr. Burns was having an affair. He was murdered along with his mistress. There’s no evidence his murder had anything to do with Mr. Elkins or his son.”

Jenna let him finish before pulling out the second news article. “Your Honor, Mr. Peter Knowles was the pilot who flew the body from Kentucky to Texas last Monday or early Tuesday. He also was killed when his plane crashed in Montana. I’ve spoken with the FAA, and there’s suspicion of tampering with the engines, and his death is being investigated as a murder.”

Judge White removed his glasses and rubbed his eyes. “Are there more witnesses you’re concerned about, Miss James?”

“Yes, sir, there are.” Jenna pulled out her list. “We have, of course, myself; Jordan Elkins; two police officers, Harry Redmond and Jake Savior; the coroner, Luke Smith; five employees on the Kentucky farm, Janet Salvero, Mindy Calavera, Jose Calavera, James Mendosa, and his wife, Carmella Mendosa. We also have the Elkinses’ personal maid, Maria Sanchez, as well as a private investigator named Loki Redmond and her brothers, Jules Redmond and Dadron Redmond. All of these people have some personal knowledge relative to this case.”

Jenna pulled out her last list. “We have a list of places where Mrs. Elkins was treated after being brutalized by her husband, William Elkins. We have a witness whose name I only know as Drago, but he’ll testify that he was hired to kill a doctor who treated Mrs. Elkins and reported her injuries to the police.”

Judge White pursed his lips and eyed the two over his glasses. “Mr. Dade, as you’re aware, murder can be proven based upon circumstantial evidence. Miss James, I presume you’re aware of the need to prove that beyond a reasonable doubt. Based on the deaths of both Mr. Burns and Mr. Knowles, both potential witnesses in this case, I’m going to allow the charges to stand for the time being. We’ll proceed with a plea and bail discussion.”

“Thank you, Your Honor.” Jenna returned to her table and sat down.

“Mr. Dade, how do your clients plead?”

Marcus walked back to his table but remained standing to address the bench. “Mr. William Elkins pleads not guilty, Your Honor, and Mr. Michael Elkins pleads not guilty, Your Honor.”

“Thank you, Counsel. Miss James, do you have a recommendation for bail?”

“Your Honor, I would ask the court to deny bail at this time. I believe the defendants to be a flight risk as well as a danger to the remaining witnesses.”