Privileged Witness (19 page)

''I don't know, but I would hate to have my client stand trial for murder just because a few seconds did make a difference.'' Josie said kindly before crossing her arms and beetling her brow. ''Mrs. Wilford, is it possible someone else was in that house or on that balcony?''

''Maybe,'' Mrs. Wilford answered, annoyed by the question. ''But I doubt it.''

''Asked and answered. We're here to determine probable cause not grandstand for a jury.'' P.J. raised her hands. Those bracelets fell down her arm like Klik-Klak Blox

''Your honor, I have the right to question what Mrs. Wilford saw or didn't see. There is no way for her to tell if my client was trying to help her sister in law. No way to tell if there was someone else in that house the night Grace McCreary tried to intervene. Mrs. Wilford believes she saw my client ‘clear enough' and I argue that she better be certain beyond a doubt if you are to bind Grace McCreary over for trial.''

''The identification is unequivocal, your honor,'' P.J. argued. ''I say again, we are not here to try this case and I resent Ms. Bates taking the court's time to attempt to do that.''

''Thank you, Ms. Vega, I appreciate the concern for the court's time,'' the judge said with a small smile of minimal amusement.

''Your honor, if the time isn't spent now then the court will waste more trying an innocent woman. My client may well have looked angry. I would be angry too if I had just seen someone I love end their life. I would also have been scared and in shock and I argue that it's difficult enough to tell what someone is feeling when you're looking right at them much less from 50 yards away. Mrs. Wilford could have had no more than a few seconds to see my client's face because my client turned her back and ran out of the penthouse in shock and terror. Mrs. Wilford could not have seen . . .''

''Wait, just a minute. That's not true.'' Mrs. Wilford shot straight up, her hand was on the bench and Judge Belote was curious enough to give her a look but no more time.

''You'll wait to be asked a question,'' he warned and then turned to Josie. ''Ms. Bates, stop with the storytelling and cross examine this witness or excuse her.''

''I have no more questions, your honor. The witness is excused.'' Josie retreated. She would be crazy to ask anymore questions of a witness so anxious to offer something new and different.

''I'd like to redirect, your honor,'' P.J. called almost gleefully.

Josie took her seat. She glanced at Grace who watched the proceedings with little concern.

''Mrs. Wilford,'' P.J. said, ''The defendant indicated in her interview with the police that she ran from the McCreary home in shock after her sister in law died. Is that what you know to be true?''

''She didn't run away,'' Mrs. Wilford said triumphantly.

''Why do you say that?'' P.J. asked.

''Because that woman only ran into the living room not out through the door,'' Mrs. Wilford answered smugly. ''While I was talking to the nine-one-one operator I watched her turn on the desk light and rummage around before she left. Took at least two minutes, maybe more. Nobody came out of the shadows and helped her. She wasn't near the drapes. The desk light was on and she was looking real hard for something.''

''Did she find it?'' P.J. asked.

''I don't know. She could have. The only thing I know for sure is that I saw the defendant at that desk. I saw her opening drawers and doing something on the computer clear as day. She didn't run away until after she did all that.''

CHAPTER 26

Mrs. Wilford was dismissed just before Judge Belote, hungry and cranky, recessed for lunch. P.J. Vega was delighted. She could do with a bite herself. Scoring big gave her an appetite. Tim Douglas was sent away with the rest of them. Grace was perched primly in her chair; Josie side-saddle on hers. When the courtroom was clear, Josie looked at Matthew who sat with his head bowed behind his sister.

''Somebody want to talk to me?'' Josie crossed her arms and listened to the silence. ''Grace? Why did you lie about running out of that place as soon as Michelle jumped?'' Grace looked up, her eyes wide and pitiful and blanker than Little Orphan Annie's. More games, more tiring exercises. ''Don't tell me you didn't want to make things worse. It didn't wash the first time.''

''I only thought it was important that I left and didn't tell anyone.'' Grace lowered her lashes.

Josie couldn't sit quietly any longer. Three hours ago she had been disappointed in herself for failing Grace when it was the other way around all along. Josie had asked for honesty and she got half truths; Josie worked to save Grace from a trial and Grace was undermining Josie's reputation. She worked her jaw. She clenched her teeth. Finally, she asked:

''What were you doing at that desk? Come on, we don't have time for this.''

''Grace.'' Matthew spoke. The word was an order. Grace had heard but she obeyed but refused to acknowledge her brother.

''I was looking for a note. Something that Michelle might have left behind that would be harmful.''

''Harmful? Harmful? To who? She was dead, for God's sake. It wouldn't matter what anyone thought about her. . .'' Josie's wail of frustration stopped as suddenly as it had begun. She put her hands on her hips, thought for a minute then planted her knuckles on the table and got in Grace's face. ''Were you worried Michelle left something incriminating about you, Grace?''

Defiantly, Grace stared past Josie and remained mute.

''Me. Grace was worried that Michelle had left something that would put me in a bad light.''

With a great sigh he lifted his head and stretched his arms across the little wooden fence that separated him from his sister. He put his hands on Grace's shoulders and easing her back as he moved forward. They were a team and Josie finally got it.

''Wait a minute. Wait just a minute, Matthew.'' Josie shook a finger at both of them. ''How would you know what Grace was looking for? Unless. . . Christ, you knew that Grace was with Michelle when she died, didn't you?''

Grace tilted her head to the side. Her cheek brushed her brother's hand as she turned to listen to him. She wanted his truth before she told hers.

''You son of a bitch. You did know.'' Josie said flatly. ''When?''

''Not until after the funeral,'' Matthew finally admitted. ''Grace told me when we were in the limousine leaving the cemetery. It was eating her up. I was the one who told her to let it lie. I told her there was nothing to worry about because she had done what she could.'' He squeezed her shoulder again. ''It's my fault she's in this mess.''

Josie pulled her fingers through the fringe of her hair and paced in front of the defense table, taking long agitated strides. She was sick with outrage, furious with both of them. Betrayal. Lies. This was the worst thing that could happen to a lawyer because it was their truth she had to speak in open court. Her words would be on the record; her reputation would be on the line. Josie Baylor-Bates would be just another lying lawyer, bought and paid for. She had come full circle in the company of Matthew McCreary.

''Oh, great. That is just great. Who do you think you are, Matthew, her husband?'' Josie gestured to Grace who sat with her lashes lowered, her hands hidden, the ring nowhere in sight. ''Don't you get it? There is no privilege between you two. The prosecutor could force you to testify against Grace. How would you handle that, Matthew? How would you protect her then? Or yourself.'' Josie turned away for just a minute, only a minute. ''Christ, if we go to trial they could get you for obstruction, Matthew. Don't you think that would sort of be harmful to your precious political career? An accessory after the fact?''

''It seemed reasonable at the time.'' Matthew dropped his hands and stood up. ''Grace was devastated. Michelle was dead. It was a week after the fact. Good lord, Josie, look at it from our perspective. What would it look like if suddenly Grace popped up with that information after saying nothing for a week?''

''And this looks great?'' Josie's head snapped toward Grace. ''Didn't I tell you to be honest? Isn't that the one thing I wanted from you, Grace?''

''This wasn't lying.'' She reached for Matthew, needing courage in the face of Josie's anger but, when he didn't move, she defended herself. ''I wasn't lying. I only told Matthew because I wanted him to know I did everything I could to help Michelle. And, if the police figured out that Matthew knew I was there they might think he was a part of whatever happened.''

''You mean they might think that Matthew put you up to pushing Michelle? They might make this out to be conspiracy?'' Josie drawled facetiously, cutting Grace off. ''What a concept.''

''It seems so stupid now,'' Grace murmured, hooding those eyes again.

''Is that what you were looking for the other night when I found you in your place?'' Josie turned on Matthew. He nodded, miserable and shamed. ''So all that stuff about going through your wife's things and how emotional it was, was just bull?''

Josie's questions were met with guilty silence. She sighed deeply. They couldn't change anything, they could only regroup. ''So, are either of you going to fill me in on what Michelle might have left that would have been such a bombshell?''

Brother and sister shared a look but before Josie could interpret it Matthew went on the record.

''She was upset about money the way the prosecutor said. Michelle resented every dime that went into the campaign whether it was mine or hers.''

''What kind of money are we talking about? Was it hers or yours?'' Josie asked.

''Six million,'' Grace answered.

Josie whistled low.''That's no small change. Why would she do give it to you then renege?

''She had a hundred reasons. For a while she imagined that I was using the campaign to siphon off her money then I was going to leave her. That was one of the more idiotic ones. I think the truth was that the press was in a sort of feeding frenzy trying to dig up anything that could discredit me or my family. Remember, I'm a conservative in a liberal state. Michelle and Grace were fair game. Every fund raiser we went to they were there, pushing microphones in our faces. Michelle just flipped.''

''Did she have anything big to hide?''

''Of course she did. Our press office called her private but she was secretive. I was gone a lot. I wondered about a lot of things but I never asked. With her background, I can only imagine what there was to find out,'' Matthew admitted.

''Did you need her money to make the last sprint? Was the company all right?'' Josie pressed.

''No, of course not. I'm not saying it wasn't a big hit when Grace pulled out but we're fine. Ask Grace. Ask her. The campaign is more than solvent.'' Matthew paced the center aisle of the courtroom. He stuffed his hands in his pockets then whirled around. ''Well? Ask her. She handles all the money.''

Josie looked at Grace who was eyeing Matthew. Her black eyes sparkled and her mind was elsewhere.

''Grace?'' He prodded.

Her head jerked. Her eyes blinked and she looked at Josie. That's when Josie saw it. The ring whirlygigging around her finger.

''No,'' Grace said softly. ''No, Michelle's refusal to transfer those funds wouldn't shut down the campaign. There is nothing hide where money was concerned.''

Josie kept her eyes on Grace longer than she intended. Something in her demeanor, something in the way she answered that question gave Josie pause but Matthew was animated, he took her attention, he wanted to tell his story.

''Look, Josie, the truth of the matter is that Michelle just made up her own reality. She wanted me to stop the campaign and she figured she could just strong arm it with her money. But Michelle could have accused us of anything just because she decided it was true and that's what I was looking for. Some little time bomb my wife had left behind that I couldn't explain away. Bottom line, she was just nuts.''

''No! No, she wasn't. Don't ever say that.'' Suddenly Grace was out of her chair, storming past Josie. She pushed through the gate and it swung back hard and fast. ''Take it back, Matthew. Michelle wasn't crazy. She was sensitive. She was religious. She wasn't crazy.''

''Grace,'' Josie called.

''What are you doing?'' Matthew backed away from his sister but she advanced relentlessly.

''Tell Josie the truth. Just tell her.'' Grace whirled on her heel and came back at Josie. She touched each pew, leaning on them in turn as she spoke. ''Michelle was unhappy. Michelle was high strung. She had a terrible life with her father and it was all happening again. All of the people wanting to know the secrets about Michelle and Matthew and. . . me. . .and that's why she jumped. She was unhappy because Matthew. . .''

''Grace!''

''Oh, for God's sake,'' Josie threw up her hands. ''Because Matthew what?''

Grace stiffened.

''Because he wasn't the man she thought he was. Because he was so much like her father,'' Grace wailed. ''Why can't anyone accept that? It had gone too far. Even if Matthew gave up everything it still wouldn't have been right. Everyone Michelle loved let her down. That's what she thought, but it wasn't true. Even if it were true, people make mistakes, don't they? People can make up for mistakes, can't they?''

''I don't know what she thought or what mistakes Matthew made.'' Josie was exasperated. ''Matthew, didn't you ever offer to quit? I mean, if it upset her so much wasn't it cruel to keep going?''

''Josie, you don't understand. There was nothing he could do,'' Grace answered for him, her eyes cutting toward Matthew. ''Nothing, Josie. The damage had been done.''

''Grace is right,'' Matthew insisted. ''Look, I thought I loved Michelle when I married her. She was smart and beautiful and I wanted to take care of her. She could make you think that you were the only person in the world who understood her or could save her from her demons. Then the infatuation wore off and we saw each other for what we were. I'm not making excuses. I was selfish. I admit it. But she was a zealot, all appearance and no substance. You don't quit for that. You keep trying to have a life together because you just do.''

Matthew dominated the space, Grace vibrated as if she'd like to break out of it and Josie was of little consequence. So she observed and suddenly had a revelation: that huge emerald nestled in dewdrops of diamonds wasn't just a sign of Grace's agitation, it was a lie detector. It twirled with a half truth, cut deep with a lie or a fantasy. She looked back at Grace and Matthew. Brother and sister were tethered in a way she could not understand. Until she did there was no use tugging on the rope. Josie didn't know how or where it was knotted.