In Self Defense (26 page)

“I guess his personal life wasn’t very exemplary,” the former assistant to Richard Durant conceded, his drawl becoming a bit more pronounced.

“What do you mean?” Sundstrom pressed.

“I mean that he was what I would call a philanderer,” James replied, reddening.

“Had affairs, did he?”

“Yes, sir, you could say that.”

“A lot of affairs?”

“Over the years I worked for him, quite a few, I’m afraid.  At least half a dozen that I know of.”

“And how long would these affairs last?”

“Most of them never lasted very long, maybe a couple of months at best.”

“You said most of them -- were there any that lasted longer than a couple of months?”

“One,” James conceded.  “She was the last, and it was still going strong when he died.”

“And that one?”

“Stephanie Burdick.  He’d been seeing her for a couple of years.”

“What did you know about their relationship?”

“I guess it must have been serious,” James said.  “Mr. Durant asked me to find him a divorce attorney.”

“He said he was seeking a divorce?”

“He said he wanted to know what his position would be in case of a divorce.”

“Did you find him an attorney?”

“Yes, I did.”

“Subsequently, Mr. Lilly, did you happen to overhear a conversation between Richard Durant and his wife?”

“Yes.”

“And will you please tell the jury,” the prosecutor pressed, “the substance of that conversation?”

“Mrs. Durant wasn’t happy,” James replied reluctantly.

“Wasn’t happy about what?”

“She wasn’t happy about Mr. Durant’s affairs, particularly the one with Stephanie Burdick.  She wanted it to stop.”

Sundstrom leaned in.  “And did Clare Durant say what would happen if it didn’t stop?”

It was clear that James Lilly would prefer to be anywhere but where he was.  “She said there were ways of taking care of things that didn’t have anything to do with divorce attorneys,” he said, in a rush to get the words out and over with.

‘Thank you,” the prosecutor said.  “I have nothing further.”

***

“And when Mrs. Durant said that there were ways of taking care of things, Mr. Lilly,” David jumped right in, “did you take that to mean she intended to kill her husband?”

“Good heavens, no!” James exclaimed.

“Well then, what did you think she meant?”

“Objection,” Sundstrom declared.  “Calls for speculation.”

“Sustained,” the judge responded.

“Let me rephrase,” David suggested, without missing a beat.  “Based on your knowledge of the defendant, when you overheard her say that there were ways of taking care of things, what options came to your mind?”

“I thought she would take it to the Board of Directors.”

“Meaning?”

“Meaning he could lose his job.  There was a morals clause in his contract.”

“And to your knowledge, did she indeed take it to the Board of Directors?”

James Lilly shrugged.  “No, not to my knowledge,” he said.  “I guess the threat was enough.”

“Enough for what?”

“Well, enough to get him back in line,” James explained.  “Because it wasn’t very long after that when Mr. Durant stopped talking about getting a divorce.”

David glanced over at Sundstrom and then turned back to the witness.  “Mr. Lilly, as Richard Durant’s assistant, you were privy to most if not all of his business dealings, were you not?”

“Yes, I guess so.”

“I mean, he didn’t often make a move without you arranging it, is that right?”

“Well, I wouldn’t go so far as to say that,” James replied with obvious modesty, “but I know he did rely on me to pretty much take care of things for him.”

The defense attorney fixed the witness with a sharp glance.  “At any time on the day of October 19
th
of last year,” he asked, “did Richard Durant inform you that he was coming home early from his last business trip?”

“No,” James said clearly.  “He did not.”

***

“Did Mr. Durant always tell you when he was returning from a business trip?” Sundstrom asked on redirect.

“Well, he usually did, but apparently not always,” James had to concede.

“So, it’s entirely possible that he might have told his wife he was coming home a day early from his last trip, but didn’t think it was necessary to tell you?”

“Yes, I suppose that’s possible.”

“Thank you.  Now, after Mr. Durant decided to stop pursuing a divorce, did he stop seeing Ms. Burdick?”

“No, James replied.  “He went right on seeing her, same as always.  It was kind of weird, actually.”

“What was weird?”

“The one thing not tracking with the other.”

“What do you mean?”

“I mean the more he talked about his marriage being back on track, and everything being just fine at home, the more time he was spending with Ms. Burdick.”

***

Erin Hall’s responsibility in the Durant matter had been discharged.  Once she completed the investigation, arrested the suspect, finished off the paperwork, and testified in court, her involvement was officially over.  Yet she made a point of reading the newspaper accounts of the trial every morning, and listening to the television reports every evening.  She couldn’t help it.  There was still something about this case that didn’t add up, and she was still hoping she could figure out what it was.  She wished the trial was being televised, as so many were these days, so she could hear every word for herself, but it wasn’t, and she had to rely on secondhand accounts.  It was frustrating, it was distracting, and it was making her irritable.

“You haven’t had a vacation in ages,” Dusty said finally.  “You need a break.  Why don’t you take some time off, relax, go sit in a courtroom, work it out?”

“Are you sure?” Erin asked, perhaps a trifle too eagerly.

“Yes, I’m sure,” he said.  “It’s a fact you’re no good to me the way you are now.”

Fortunately, the captain agreed, and the next morning, Erin found herself being waived into the courtroom by a friendly bailiff and put in a seat ahead of dozens of others waiting in line.

***

With the aid of a cane, Emma Durant walked slowly into the courtroom and down the center aisle.  She had suffered a stroke several months after Richard’s death, and lost control of much of her right side.  The bailiff helped her onto the witness stand, and didn’t insist she put her hand on the bible to take the oath.

“Mrs. Durant, did you have occasion to talk to the defendant shortly before your son’s death?” Sundstrom began his examination.

“I did,” Emma replied.

“Why?”

“Because she’d been threatening Richard with all sorts of terrible things -- divorce, dismissal from Nicolaidis Industries -- if he didn’t break off his relationship with the woman he was seeing.”

“Stephanie Burdick?”

“Yes, I guess that’s who she meant, although I didn’t know anything about her at the time.”

“And your conversation consisted of?”

“I asked Clare to reconsider both.  I said it wasn’t Richard’s fault if she couldn’t keep him interested at home, but it
was
Richard’s fault that her father’s nice little company had made her a multi-millionaire.  And the one thing should have nothing to do with the other.”

“And her response?”

“She as good as told me to shut up,” Emma declared.  “She said I didn’t know anything about anything, and I should mind my own business.  But I did know -- Richard talked to me all the time.  I knew exactly what was going on.”

***

“And when exactly did this conversation you had with your daughter-in-law take place, Mrs. Durant?” the defense attorney inquired on cross-examination.

“It was in October,” Emma said, “barely a week before my Richard was murdered.”

“You mean, two days after Clare returned from the hospital with a concussion and a spinal contusion, after having been run off the road, is that correct?”

“I guess so.”

“And during that conversation, did my client ever once tell you that she was going to murder your son if he didn’t break off his relationship with Stephanie Burdick?”

“No, of course not,” Emma had to admit.  “If she had, I’d have done something about it, now wouldn’t I?”

David’s tone changed abruptly, from interrogative to sympathetic.  “Well then, did she ever tell you, so you could be prepared, that she was going to murder your son for any other reason?” he asked softly.

“No,” Emma said, tearing up.  “But, of course, she couldn’t have, now could she?  Because, if she had, she wouldn’t now be able to hide behind this ridiculous claim of self-defense.”

David considered that for a moment.  “No, she wouldn’t have,” he said finally.

***

In her seat in the second row of the gallery, Erin’s eyes narrowed.  Being able to see and hear what was going on put a totally different slant on everything, and made all the difference.  For example, there was something about that last question the attorney asked, something about the way he asked it, that the witness missed, but that sent a little shiver down the detective’s back.

***

“You believe Clare Durant planned to murder your son, Mrs. Durant?” Sundstrom asked on redirect.

“Yes.”

“You never liked your daughter-in-law?”

“On the contrary, I always loved her,” Emma said.  “She was a wonderful wife and an excellent mother.”

“Then what changed your mind?”

“Clare changed my mind.  She changed.  After she fell off that mountain, she was never the same. It was like she didn’t trust anyone anymore, not even Richard.  So he had a few other women on the side.  So what?  He was discreet about it.  He didn’t rub her nose in it.  A lot of wives go through that sort of thing.  They learn to live with it, or they leave their husbands.  Clare didn’t do either.  And then, when Richard got serious about Stephanie Burdick, and Clare realized that threatening him with losing his job wasn’t going to keep him tied to her, and she was going to be unceremoniously dumped, she decided there was only one thing left for her to do.”

“Objection, Your Honor,” David declared.  “There’s been no evidence presented here to back up this fantasy.”

“Sustained,” the judge said mildly.  “The jury will disregard the witness’s last statement.”

But of course, again, the jury had already heard it.

              “I have nothing further,” Mark Sundstrom declared.  And then he turned to the judge.  “Your Honor,” he said, “the People rest.”

Eleven

David Johansen stood in the shower, the hot water pelting down on him, making no move to reach for either the shampoo or the soap.  He knew he was as ready as he would ever be, and he knew exactly what he wanted to do and how he wanted to do it, but there was always that possibility, when you held someone’s life in your hands, that your best wouldn’t be good enough.

His witnesses were solid, and it was clear he had the advantage.  While he had been privy to all the evidence in the prosecution’s case, the prosecution had only his list of witnesses to go by -- not what they would testify to in court.  The element of surprise was his.  And in a case like this, that could mean everything.  All he had to do was stay focused and stick to his plan and do his best not to blow it.

It wasn’t just that Clare was as good as a sister to him, or that he owed so much that could never be repaid to Gus, it was that he believed in his case -- in its truth and its justness -- with his whole being, and he would fight to win it with every ounce of his strength.