The Advocate - 02 - The Advocate's Betrayal (30 page)

“I never do. Well, almost never. I’ll call you later.”

JP drove home, took a small toolkit from a drawer and a small leather case out of his closet, and drove to Luke’s apartment. He walked up to the front door. Two young women in bathing suits came out of the apartment next door. JP rang the doorbell. When they had passed by, he took a long thin tool out of the toolkit and attempted to unlock the door. He couldn’t get past the deadbolt. JP walked around the corner unit apartment looking for open windows, but found none. He considered breaking one, but decided against that. Remembering the barbecue at Bob’s, he walked back to his car and called Bob.

“Did you keep your bottles from the barbecue?”

“What the hell are you talking about?”

“From the barbecue last Sunday. Did you keep your bottles? Don’t you recycle?”

“No, but Marilee does. I’m basically an inconsiderate slob who doesn’t care about the planet. Why? What do you need?”

“I need those bottles of ‘Goose Island Oatmeal Stout’ Luke was drinking. What a dork. Who drinks that stuff anyway? I need the bottles to see if I can lift some fingerprints from them. By the way, I looked it up; those beers are from a Chicago brewery.”

“Come on over. I’ll get the trash out, but you get to be the trash digger.”

Three bottles later, JP drove to meet a friend from the police department. He gave him a bag with the bottles and then went home to check birth records in Chicago. Within a few hours JP had the information he needed. He drove to Sabre’s condo. She needed to know what he found out, and it couldn’t wait until morning. JP saw Luke’s car in front of her garage as he drove up. He passed by, turned around, and parked where he could see her front door.

Luke unloaded Sabre’s things from his car and carried them inside. He took Sabre in his arms and pressed his lips on hers, a light soft kiss. “Are you sure you’ll be okay?” he asked.

“I’ll be fine. I’m going to take a nice hot bath, have a cup of warm milk, and go to sleep. Go.”

“I’ll call you in the morning.” Luke said, as he walked out the door.

JP watched Luke leave Sabre’s house. He waited until about five minutes after Luke left, making sure he didn’t return. Then he exited his car and walked up the driveway to her condo. Before he could ring the doorbell, he heard something in the bushes to his right. He turned just as he felt a rock hit his head.

36

Sabre woke up in her own bed before daylight. Familiar surroundings and thoughts of her love for Luke spawned a feeling of euphoria. She and Luke had survived the ordeal in the canyon. Life was back to normal. She remembered the look on Luke’s face when he had seen her in the hospital. It had been a long time since she’d had someone love her the way Luke did.

Her muscles ached as she moved to get up. Her legs felt weak as she stepped onto the carpet. Taking baby steps, she walked to the bathroom. She loosened up with each step. By the time she had showered and brushed her teeth, most of the stiffness was gone and only tired muscles and sore feet remained.

Sabre picked up her phone and called Bob. “You okay?” he asked.

“Yeah, I’m fine, now.”

“What do you mean, now? Where’s Luke?”

“Luke’s at home and he’s fine, too.”

“What happened?”

“It’s a long story. I’ll tell you when I see you in the cafeteria at eight-fifteen.  Hey, have you talked to JP?” Sabre asked.

“Yes, he’s back. I saw him yesterday. He has some information to share with you before the hearing starts. He left me a message last night saying he’d learned a lot more and it should really help Betty’s case, but I didn’t speak to him, so I don’t know what that’s all about.”

“Good, see you in a few.”

Sabre dialed JP’s phone, but as it went to voice mail another call came in. Sabre smiled when she saw it was Luke, and switched over to his call.

“Good morning, darlin’. How do you feel today?” he asked.

“Sore, but I’m okay. I need to get to court for Betty’s preliminary hearing. I’m meeting Bob a little early so we can go over a few things before court.”

“Is Bob all right?”

“As far as I know. Why? He asked about you, too. Is there something I should know?”

“No, I just thought he’d be upset when you told him what happened.”

“I haven’t told him yet. I’ll tell him when I see him.”

“But he asked if I was okay?”

“Yeah.” Sabre hesitated. “What’s going on?”

“Nothing, I guess he just likes me. I need to get ready for court.”

“What time does the DA want you there?”

“The subpoena says eight-thirty, but he said I didn’t need to be there until ten.”

“Ok, I’ll see you then.”

Sabre arrived at the courthouse in El Cajon about eight-fifteen. She called Bob but it went to voicemail. While she waited for him in the cafeteria, she called JP, leaving him a message.

At eight-twenty-five neither Bob nor JP had arrived. She went upstairs to the courtroom and checked in with the court clerk. She handed the clerk her card. “Sabre Brown for the defendant, Betty Smith/Taylor. Is the bus here from Las Colinas yet?”

“Let me check,” the clerk said. She picked up the phone and called the sheriff’s desk in the back. She hung up and said, “They don’t expect the bus until nine. I’ll let you know when it arrives.”

“Thanks.” Sabre went out in the hallway to wait for Bob and JP. The court couldn’t hear the case until her client arrived, so she had plenty of time.

She sat on a bench in the hallway and looked through her case file, eager to hear what JP had to help her case. It was looking pretty hopeless from what she saw. Sabre checked her phone for the time. It was eight-forty-six and there was still no sign of Bob or JP. It wasn’t like either of them to be late. She called each cell phone, getting voicemail on both. She waited. She called again at eight-fifty-four, and again at nine-ten. She really wanted the information before she spoke with Betty.

Just as Sabre was about to go in the courtroom, the bailiff came out. “The bus is here from Las Colinas. You may see her now.”

“Thanks.”

Sabre walked down the hallway toward the “in custodies,” past small holding cells with prisoners who were appearing on charges from drug use to murder. When she saw Betty in the cell, she thought how much Betty had aged in such a short time. Her gray roots were becoming more prominent and her face ashen from lack of sunlight. Her bright smile was non-existent, and the worry lines grew deeper with each day of incarceration. Sabre prayed JP had what she needed to get Betty out of here. Where was he? And where was Bob? Sabre faked a smile as she approached.

In an attempt to keep Betty’s hopes up, Sabre said, “JP has information that’s going to help us with your case.”

“What is it?”

Sabre shrugged. “Actually, I don’t know exactly, but he told Bob it was big, and he knows you’re innocent.”

“What do you think it is?” Betty squeaked, then cleared her throat. Sabre wanted to think it was excitement she heard in her voice, but it sounded more like fear.

Sabre forced a smile. “We’ll soon find out.” Sabre stood up. “I’ll see you in court in a little bit.” She left, hoping JP’s findings would be enough to persuade the court.

Sabre went outside the courtroom and attempted to call Bob and JP again. Still no answer. She was starting to get concerned, wondering if they were riding together and had an accident. She went back inside and shared her concerns with the DA.

He responded, “The court’s ready for us, and I’d like to put the coroner on and Lucas. I won’t call you until your co-counselor is here, and you may cross-exam my witnesses later. Would that work for you?”

“Sure, we can do that.”

The sheriff brought Betty in and seated her next to Sabre at the table closest to the bailiff. The court clerk stood up. “May the court come to order.” Not used to the formality, Sabre took a second before she realized everyone was standing up. The judge walked in, stepped up to the bench, and stood until the clerk spoke. He was one of the few remaining judges who still held to the formal introduction. “The Honorable O’Neil Thomas presiding in the case of the State vs. Betty Smith aka Betty Taylor,” the clerk continued.

“Please be seated,” Judge Thomas said.

The DA began, “Dillon Lewis on behalf of the State of California.” He looked at his folder for a second and then said, “Your Honor, counselor for the defense was expecting her co-counsel here this morning and has some concern that he hasn’t arrived. She has, however, agreed to proceed with two of my witnesses and save her cross for later so that we may get started, if that pleases the court.”

“Fine. Call your first witness,” the judge responded, obviously used to delays and continuances.

“The State calls Dr. Edward Settle to the stand.” A tall, handsome gentleman with a mustache and in his late forties walked up to the witness chair and remained standing.

The clerk spoke. “Please raise your right hand.” The doctor did so. “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”

“I swear.”

“Please state your name and spell your last name for the record.”

“Dr. Edward Charles Settle. S-E-T-T-L-E.”

The doctor sat down and the DA began his questioning. “Where are you employed, Dr. Settle?”

This part of the testimony bored Sabre and her mind began to wander. Whenever Sabre heard someone sworn in, she remembered what an attorney from Cambodia had once told her. He said the oath “to tell the truth” was also required in the Cambodian legal system, but it was typically sworn to Buddha, the spirits of the courtroom, or the ghosts of Khmer warriors. The wording threatened dire punishments if the witness lied. They swore, “If I am home, let fire destroy my house for eight hundred reincarnations; if I am in a boat, let it sink for eight hundred reincarnations; when I become a ghost, let me eat bloody pus, or swim in boiling chili oil for eight hundred reincarnations.” Sabre shuddered at the thought, and began listening to the DA questioning the doctor about his credentials. She knew enough about the doctor and his stellar reputation to know it wasn’t necessary to continue with this line of questioning. At the first opportunity, she interrupted, “If it pleases the court, the defense is willing to accept a curriculum vitae in lieu of this testimony.”

The DA agreed and continued with the specifics of the case. The medical examiner’s testimony established the cause of death as stab wounds to the heart, explaining John only lived a few minutes after the attack. Sabre looked at Betty, tears running down her cheeks. The doctor established the time of death to be between nine and eleven p.m. Sabre needed Bob for cross-examination. He had prepared for it and was better at it than she was. She knew the case well, as she always did, and she could do it if she had to, but Bob charmed the witnesses; when it came to cross, they were putty in his hands.

The state called their next witness. Sabre watched her handsome, clean-cut boyfriend walk into the courtroom, so confident and professional looking, unlike most of the witnesses she dealt with. He took the stand. The clerk said, “Please raise your right hand.” Luke raised his right hand. “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”

“I do,” Luke said confidently.

“Please state your name for the record, and spell your last name.”

“Lucas Rahm. R-A-H-M.”

“Thank you. You may be seated.” Luke sat down, looking directly at the district attorney.” Sabre was glad. She didn’t want to be smiling at the prosecution’s witness.

The DA stood up. “Are you acquainted with the defendant, Betty Taylor?”

“Yes, she’s a friend of mine.”

“And her husband John, he was a friend as well?”

“Yes, sir.” Sabre was proud of how well Luke handled himself on the stand. He didn’t appear to be frightened as most witnesses were. He sat up straight, looked the prosecutor in the eye, and answered without hesitation. She thought about a time when she had to testify and she was nervous, stammering over the answers. It was easier being on her side of the table.

“On the evening of the murder, where were you?”

“Objection, vague as to time,” Sabre said, an automatic response.

“Where were you around five o’clock?”

“I went to Viejas Casino with my girlfriend.”

The DA looked over at Sabre. “That would be the defense attorney, Sabre Brown, correct?”

Sabre shot the DA a dirty look, but she knew he was making a record for appeal. She should’ve made the full disclosure statement before the preliminary hearing started, but Bob was supposed to take care of that and she simply forgot.
Where is Bob, anyway? Something must be wrong
. “Your Honor, for the record, the court is already aware of my involvement as a witness in this case, and my client has filed a waiver for any conflict.”

“Duly noted, Ms. Brown, and the State will be afforded every opportunity to cross examine you or call you as a hostile witness if that’s necessary.” The judge looked at the DA. “Please proceed, Mr. Lewis.”

“Thank you, Your Honor.” He looked at his notes. “Who went with you to Viejas?”

“Sabre Brown rode with me. We met Betty there for dinner and then we gambled some.”

“When you say ‘Betty’, you mean the defendant Betty Taylor, correct?”

“Correct.”

“What time did you leave there?”

“About ten-thirty.”

“Did the defendant leave with you?”

“No, she said she….”

“Objection, hearsay.” Sabre responded automatically to the tone of the question, although she was more nervous today than she had been at her first trial. She had to get this one right.
Maybe she shouldn’t be doing this case. Maybe Betty would be better with a public defender. Where is Bob? And where is JP?

“Withdraw the question. Was the defendant with you the entire time you were at Viejas?”

“I wasn’t with her every minute.”

The DA kept up the pace. “What do you mean, not ‘every minute’?”

“We were gambling at different places in the casino.” Sabre could see Luke wasn’t giving the information willingly and thought how hard this must be for him to have to testify against his friend.