Silent Witness (28 page)

Roger McEntyre narrated as the video tape of Tim Wren's death played. He answered questions regarding the recent assault on Eric Stevens. Roger spoke of how he feared the defendant would kill Eric Stevens the same way. . .well, Eric was a young boy.

Josie wanted to scream at his implication and mischaracterization yet when it was her turn with him Josie was all business. She approached carrying with her a long roll of paper.

''Mr. McEntyre, could you tell me why there are surveillance cameras at Pacific Park?'' Josie was cool, confident and didn't impress Roger McEntyre one bit.

''They are there for a number of reasons.''
''Give me two,'' Josie suggested, trying not to think about the hole Ruth Alcott had punched through her gut.

''The cameras provide our patrons with a sense of security. They provide a record in case anything goes wrong at the park.''

''Like the video we just saw of the accident?'' Josie asked.

''Yes,'' Roger answered.

''As head of security you must know where the cameras are located in the park.''

''I do.''

''You must also know how many cameras are trained on each ride,'' Josie challenged.

''More or less. I would have to refer to our latest maintenance records to be specific. The park is a work in progress. We are always changing things. No safety system is perfect. Our camera system is not perfect.''

''Mr. McEntyre, when we spoke at Pacific Park you told me you had one tape – the one we have seen in this courtroom – that recorded the accident on the Shock & Drop the day Tim Wren died.''

''That is correct.'' Roger nodded.

''Do you still say that, Mr. McEntyre?''

''I still say I have one tape of the accident from a camera that was focused on that piece of machinery.''

''Why aren't there more, Mr. McEntyre?'' Josie asked.

''Because that's all I have, Ms. Bates.''

Josie unrolled the blueprint in her hand and blessed Wilson Page as she spread it out in front of Roger.

''Mr. McEntyre can you tell me what these are?''

''They are the blueprints of the electrical schematic of the park dated in the year 2003.''

''And will you identify this for the court.'' Josie pointed to the blueprints.

''That is the east quadrant of the park and the indicator stamps denote the cameras located in the area.''

''And this camera in particular, Mr. McEntrye? Can you tell me what that camera was recording?''

''That particular camera recorded activity in front of the Shock & Drop.''

''Were you able to see the ride itself, particularly the bottom half of the ride just at the slowing curve?''

''I don't know.''

''Or you won't tell us,'' Josie suggested as she took away the blueprint.

''I don't know,'' Roger said flatly. ''That camera was dismantled when we reconfigured the area for a new attraction. We extended the common area because the new ride was smaller. That camera no longer exists.''

''But it was working on the day of Tim Wren's death, is that correct, Mr. McEntyre.''

''To the best of my knowledge.''

''And who reviews the security tapes, sir?'' Josie asked.

''In a situation such as we had that day, I would,'' Roger acknowledged.

''And you're telling me you don't remember if that tape allowed a view of the bottom half of a ride on which a young man died?''

''I didn't remember what was on the first one until I reviewed it again.''

''Then why didn't you review the second one?'' Josie demanded.

''Because there is no tape to review, Ms. Bates.''

Josie's pulse quickened.

''Did you destroy that tape, Mr. McEntrye?''

Roger hesitated. His mustache twitched but his gaze never faltered.

''Yes, I did.''

''Did you destroy that tape because something on it would exonerate my client?'' she asked, daring to hope that this would end the matter and Archer would walk free.
Roger McEntyre tipped his head. His dark eyes held hers. She thought he smiled. Jose thought he was toying with her. She knew it when he answered her question.

''I destroyed it because that camera was on common ground. It is normal procedure at the park to keep those tapes for nine months. It is only the ride specific videos that are kept for a couple of years. Does that answer your question, Ms. Bates?''

''Yes,'' she muttered, disheartened. ''Yes, it does.''

Roger McEntyre was excused. Those who stayed in the courtroom were silent, waiting to hear what the judge thought of the evidence presented. It didn't take long to find out. The judge looked at Josie and Archer and delivered a well rehearsed speech that changed their lives.

''The court finds probable cause to believe these charges are true and orders the defendant to appear for arraignment in department one hundred in ten days. Court is adjourned.''

It was so little to say, but there it was. Archer, knowing he would stand trail for murder, didn't look back at Josie as he was led away. She didn't call after him. Ruth packed up and took off without a word to anyone, just a look of pleasure on her face and another hitch of those pants over her wide hips. Spectators lingered, looking at Josie, wondering why she had not found some point of drama, some small thing to turn this around in a blaze of glory. Wasn't this, after all, the attorney who had so dramatically defended that girl not long ago? She shouldn't have lost her edge so soon, should she? The show should have been better, shouldn't it?

Josie felt those thoughts, felt their eyes on her back as she slowly packed away her papers. She looked at the seal of the state hanging above the judge's bench but she found no comfort in it. Finally, hearing nothing, sensing the emptiness behind her Josie picked up her briefcase and started to leave only to find she wasn't alone.

Sitting on the furthest bench was Colin Wren. The light caught the lenses of his glasses, his hair was neatly combed, his suit was freshly pressed and he didn't move even when Josie pushed through the bar. The little gate swung back and forth, the thump echoing through the nearly empty chamber. Josie put her hand back to stop it before she walked down the center aisle. Josie thought to speak to him. She wanted to explain that there was a very long way to go, that he should not be discouraged but Colin preempted her. He got up. He stepped into the aisle and made sure Josie was looking right at him. He turned. He left her alone.

''Jesus Christ.''

Jude palmed his cell phone and closed his fist as if he could crush it. Seven months, hundreds of billable hours not to mention his own belief that Colin Wren's suit against Pacific Park was warranted, and now this.

Biting his lip, he swerved around a mini-van filled with what looked to be a dozen kids, took the turn five miles faster than he should and braked to a stop in front of Wilson's house not caring that three quarters of the Mercedes was hanging over in the red near a hydrant. Wilson Page's neighborhood wasn't high on the list of drive-bys for the meter maid and, with the financial hit, Jude was about to take a parking ticket was the least of his worries.

Leaving his jacket, Jude slammed the car door and walked to Wilson's house, wishing he hadn't planned this work session. When things took a turn for the worse, Jude preferred the company of a willing woman with a quick wit to Wilson's, but what the hell. He was here. Jude knocked hard, rapping twice. He walked in before Wilson even had time to give him permission to enter.

''Jude!'' Wilson greeted him happily from his perch in front of the huge computer screen.

''We won't be working on Colin's stuff, Wilson. Forget it. Just forget everything.'' Jude walked the length of the small room and back again. ''Colin just called. He's dropping the law suit against Pacific Park. He says if Josie somehow pulls this out it won't matter because he knows the truth. Colin says Archer's guilty as sin.''

Frustrated, Jude pocketed his keys and flopped himself on the couch. It was the wrong side. He fell into the indentation that Wilson had made when he used to be small enough to sit on a sofa. That was it. Fit to be tied, Jude pushed himself up, walked past Wilson and said:

''There's no sense working now, Wilson. It would be a waste of our time. I'll call you later if something changes.'' Jude was at the door. He had his hand on the knob and, when he opened it, he looked at Wilson. He saw the man's sympathy and his unerring devotion and his neediness and suddenly it just pissed Jude Getts off to no end. ''Get a goddamn new couch, will you Wilson?''

CHAPTER 28

Josie was slumped in a chair in Faye Baxter's office, dribbling her volleyball on the floor beside her. Outside Faye's office Angie, the paralegal, and yet another new receptionist dealt with the everyday problems of a neighborhood law firm. Faye should be doing the same but Josie had appeared needing a sympathetic ear and an objective opinion.

''Jude's throwing in the towel. He told me I'm on my own.''

''It doesn't sound like he has much of a choice. His client pulled the plug. What's he supposed to do?''

''Hang in there with me,'' Josie wailed. ''Archer wouldn't be in this fix if it was for Jude and Colin. If the situation was reversed I'd still. . .''

One look at Faye was enough to make Josie back pedal, albeit reluctantly.

''Okay. Okay. If it looked like I was out thirty grand maybe I would do the same thing but it does not change the fact that Archer does not have the money to pay for the kind of research we need. It really ticks me off that Jude's going to cut Wilson off.''

''So, it's going to be hard. You still have a client and a trial. You're not going to do Archer any good if you're obsessed about Jude Getts.''

''I'm not obsessed and I'm not side-tracked,'' Josie griped. ''I just needed to vent. Maybe I'm not mad about all that anyway. Maybe I'm worried that. . .Archer. . .might be. . .guilty.''

Josie dribbled the ball in rhythm with her words as if that alone would herd all those nasty emotions into a box that she could stow away. Loss of faith in Archer, in herself, anger and disappointment at Jude, worry about Hannah - Josie needed all those feelings to go away so she could concentrate.

''Give me the ball, Josie,'' Faye clucked. ''You're driving me crazy. I can't think when you're doing that.''

Faye held out her hands but Josie palmed the treasured ball, a present from her father when she earned her volleyball scholarship to USC. She held it tight against her stomach, a round, rubbery security blanket. Faye pulled a face, the kind you would give an unruly, yet basically, good child.

It was pity things had not worked out between them. Faye had been so anxious to bring Josie on as a partner in her neighborhood firm. Yet Josie's commitment to Hannah's trial, the uproar it created in a firm ill equipped to handle such a high profile case, changed everything. Faye had cut Josie loose, the partnership never materializing. Thankfully, their friendship endured. They had come to an agreement that worked for both of them. Josie would pay a nominal fee to use Faye's offices and staff, Faye would use Josie's services as needed. It was an arrangement that suited them both – especially Faye. She was too old for the kind of worry Josie was bringing, but she wasn't too old to put in her two cents when it was asked for.

''Thank you,'' Faye said when she was sure the dribbling stopped.

''You're welcome,'' Josie grumbled, then added 'sorry' before she started in again. ''Jude threw me off. The testimony today threw me off. I didn't expect to win without a fight, but I didn't expect to be creamed and I don't know what went wrong. I wasn't thinking, my reaction time was down. I did not impeach any of those witnesses unless you call brow beating Carol Schmidt impeachment. I was trying to reconcile the testimony I was hearing about Archer with the man I know.''

''You're human, Josie.''
''No, it was more than that. I was judgmental. If Archer did anything to hurt that boy – subconsciously or spontaneously or with malice – it would be despicable and he should be convicted. That's the way I felt and that is wrong if I'm supposed to defend him.''

Faye shifted her considerable weight and leaned her chin on her upturned palm. She looked gorgeous. She was the original big, beautiful woman.

''Well that's a switch. Seems not too long ago you were arguing that Hannah actually had a right to defend herself against an abusive man but you're not willing to go the distance for Archer. Not very lawyer-like of you, Josie,'' Faye scolded.

''Don't be ridiculous. Apples and oranges,'' Josie insisted. ''Archer wasn't abused. He's a grown man and he made it very clear that he did exactly what he wanted to do in that relationship.''

''Really?'' Faye raised a well-shaped eyebrow. ''If your client was anyone else you'd see it. You think Archer is the Rock of Gibraltar because he is always there for you, but the way I read it, Lexi did a big number on his head. That relationship was awfully complicated, Josie. It sounds like Lexi was badgering him day and night about Tim. She may have been weak because of the cancer, but that woman had an incredible strength of purpose from what I'm hearing. So Archer is sick with worry about his wife, watching her die, afraid for himself, still trying to be strong for her and she's beating up his brain every waking moment with guilt. Come on, Josie. Think about him now. You're so hurt he didn't spill his guts to you that you can't see to how Lexi manipulated him. I think a case could be made that Archer was psychologically abused.''

''Good defense, but we're talking about a man. It's risky. Nobody believes men can be abused.'' Josie picked up the ball, made to dribble, saw Faye raise a finger and put the ball back in her lap. ''I was pretty arrogant thinking I could do this for him, wasn't I? I never thought he would need a defense because I would make this all go away. Just me.''

Josie leaned over that ball, cradling it like a child. The pull of her brow, the pursing of her lips told Faye that Josie was lost, second-guessing everyone, especially herself.

''So retain new counsel,'' Faye suggested kindly. ''Second seat whoever it is, but get a little distance if you don't think you can pull this off. You owe that to Archer.''