The Defendant (4 page)

She nodded sagely. “I see. You must be…what…twelve? Thirteen?”

“Twelve. I’m nearly thirteen.”

“It’s hard to have much in common with an eight-year-old. You must be in high school, right?”

“Yeah…”

Josie nodded and returned to her notes. “So, tell me about your little brother. What’s he like?”

Daniel shrugged again. “He’s all right, I guess.”

“How do you like school?”

“It’s okay.”

“What’s your favorite subject?”

“Sport.”

“Are you a runner or a swimmer?”

“I like to run. Cross country.”

“I bet the hills around here make you work for it.”

His lips tugged the tiniest bit upward and then his smile slowly faded. Once again, he stared at the table.

Josie drew in a breath and let it out slowly. A few moments passed in silence. “We need to talk about what happened tonight, Daniel.”

His body tensed. His hands clenched into fists and his breath came faster. Josie waited patiently. Gradually, he relaxed again.

“Who lives with you at home, Daniel?”

“Mom. Dad. Jason.”

“Were Dad and Jason there tonight?”

“Jason was. Dad’s away. At work.”

Josie made a few notes on her legal pad. “Where does Dad work?”

“He’s a truckie. He’s always on the road. He does the long hauls from Brisbane to Melbourne, up and down the coast.”

“What about Jason? Where was he?”

Daniel paused and his voice lowered. “He was asleep.”

“How do you know?”

“We share a room.”

“What happened, Daniel?” Josie asked quietly.

The boy scrunched his eyes up tight and tears leaked down his cheeks. A moment later, he gasped on a heartrending sob.

“I-I was asleep. I woke up. I don’t know why. I sat up in bed and kind of listened. I heard something. Voices—Mom’s and the voice of a man. I thought it might be Dad. I thought he might have come home early. I wanted to see him. He’s been away for more than a week.”

He gasped on another sob and his shoulders shook. Josie ached to offer him comfort, but she needed him to finish while he still could. She’d seen case files where traumatized children would often speak straight after an event, but within a short time later, they refused to speak at all. They blocked the event out by shutting down and retreating within themselves. It was a simple, but effective coping mechanism and one that was entirely understandable.

It was important she discover what had happened from Daniel’s point of view, before he was beyond offering even the simplest of explanations. But try as she might, she couldn’t ignore the shock and pain that flooded the young boy’s face. Unable to help herself, she pushed away from the table and went around to where he sat.

She bent and put her arms around him, knowing her every word, her every action was being recorded. Riley and probably Chase too, were no doubt watching the interview from behind the two-way glass, but that knowledge didn’t deter her. She couldn’t sit by and watch a child fall apart. His life from now on would never be the same. He had no idea yet, but she did and she was going to ease him into the realization as gently as she could.

“
Shh
, honey. It’s going to be okay. I’m here for you. I’m on your side. I promise it’s going to be all right.” She hated the murmured lies that fell so easily from her lips, but there was no way she was going to tell him the truth. If the police laid charges and the prosecutor proved Daniel knew that what he was doing was wrong, he’d be thrown into a whole new world of hurt and nothing she could do would help him. The reality of what might happen was a burden he didn’t need to carry right now.

Daniel swiped at his eyes with the back of his hand and let his breath out on a shudder. Josie moved away and regained her seat. She gave him another few moments to collect himself and then quietly started again.

“Talk to me, Daniel. Tell me what happened.”

He tensed. The expression on his face showed her how hard he fought to remain stoic. Her heart lurched at his bravery. “Start at the beginning,” she added softly. “What happened after you heard your mother’s voice?”

He drew in a deep breath. His slight body trembled when he breathed out.

“I climbed out of bed and started down the hall. I wanted to say hello to Dad. It was the middle of the night, but I didn’t care. I knew Mom and Dad wouldn’t either. Mom knows how much me and Jason miss Dad when he’s away. She misses him, too.”

Josie kept her gaze lowered to the paper in front of her and tried to concentrate on making her notes. “What happened next, honey?”

“I kept walking down the hall and I-I heard Mom cry out. I realized the voice didn’t belong to Dad after all. It was someone else. Another man. Someone I didn’t recognize.” His breath came faster.

“Something was wrong. Dad wasn’t home. There was a man in Mom’s room. When she cried out again, I forced myself forward. She sounded really scared. I was scared, too, but Dad left me in charge. I’m the man of the house. It’s my job to look after Mom and Jason when he’s away. I had to make sure she was all right.”

Josie blinked back the sudden surge of emotion that burned behind her eyes. Twelve was far too young to feel so responsible. Despite the unsettled feeling deep inside her at the knowledge of what was to come, she forced herself to ask the question, knowing it had to be done.

“What happened next, Daniel?”

“It was dark. I couldn’t see much at all, but there was a light coming from Mom’s bedroom. The door was open so I guess that’s why I heard them. I inched along the hall. I didn’t want to go in. I didn’t! I was so scared. But then it came again—my mother’s cry of pain—and I knew I had to. I’d promised Dad. I promised I’d keep her safe.”

His breath was harsh in the silence. Josie wanted nothing more than to tell him to stop, that it was all right, that he didn’t have to say any more, but she couldn’t. She’d been called in for a purpose. As much as she hated it, she had a job to do.

“Keep going, Daniel. Honey, you’re doing so well. I know how hard it is to think about it, but I need you to stay brave. You’re the bravest boy I know.”

He drew in another shaky breath and continued. “I-I got to the door. That’s when I saw them.”

“Who did you see?”

“M-my mom and…and
him
.”

“When you say him, who do you mean, Daniel?”

“Him. The man who hurt my
mom.
” His voice cracked on another sob.

Josie’s heart broke. She glanced up at the two-way mirror, but the cold, dark glass offered no comfort. Daniel continued to sob, quieter than the first time, but heart wrenching just the same.

“Would you like a drink? A Coke or maybe a Fanta?”

“I want my mom,” he whispered, his voice low and ragged.

“I know, honey. I know. The police will bring her here as soon as they can. How about I go and find something for you to drink? Would you like that?”

Fresh tears formed in his eyes, but he offered her a jerky nod. Josie stood and left the room, selfishly grateful for the short reprieve. Daniel’s pain was hard to bear. She was close to losing her composure. It was only her years of training that kept her from falling apart.

She sensed Chase before she saw him. A moment later, he was there, his expression showing his annoyance.

“What are you doing?” he demanded. “You need to keep going. You need to get him to finish.”

* * *

Chase tried to temper his tone, but it came out sounding like an order just the same. Josie’s eyes flashed with anger and he cursed under his breath.

“Please don’t tell me how to do my job.” Her reply was all the more effective for its deadly calm delivery. He couldn’t blame her for her reaction.

“Josie, I didn’t mean—”

“No, of course you didn’t. Just like you didn’t mean to dump me the minute I had sex with you.”

“No.” Pain tore through him, but he resolutely forced it aside. “That’s not true. I…” He stopped. Now wasn’t the time and this certainly wasn’t the place. She stared at him, hurt shadowing her beautiful blue eyes.

“Of course it’s true and even now, after all these years, you can’t offer me an explanation.” She turned her back on him and strode away, down the hall toward the squad room. The door dividing the two areas closed quietly behind her.

“Damn.” Chase scrubbed at his hair in frustration and fatigue. It had been too long since he’d strung more than a handful of hours of sleep together. Coupled with the shock of seeing Josie again, his manners were far from their best.

Impatience surged through him at the thought of the boy, his irritation made worse by the knowledge that Josie was right. The kid was as fragile as fine-blown glass and just as likely to disintegrate into a thousand pieces with the slightest pressure. She’d made the right decision by giving him some breathing space.

He could see her now, through the glass that separated them. She stood at the drink machine just inside the squad room, a frown marring the perfect smoothness of her face. His gaze tracked across her pale blue blouse. She’d removed her jacket and he couldn’t help but notice the soft outline of her breasts. His gaze moved lower, cataloguing the slim hips encased in a tailored skirt that ended just above her knee. Her shapely calves were exposed to his appreciative gaze.

It was five in the morning and yet she looked as beautiful as she had a decade ago as an innocent, fresh-faced teenager. He wished he could say the same thing about himself.

A can of soda rattled into the bin and Josie reached in and collected it. He watched while she took a deep breath and squared her shoulders before heading back toward him. He wondered if it was the thought of passing by him again or what was waiting for her in the interview room that she braced herself against.

She stalked past him without a whisper of acknowledgement and re-entered the room where Daniel waited. Chase bit down hard on a sigh of longing and regret.

CHAPTER FIVE

Josie did her best to push thoughts of Chase Barrington to the back of her mind and focus on the boy in front of her. The fact that the man she’d been in love with for more than a decade still held the power to hurt her, stirred her anger. She was no longer an innocent young teenager, high on life and love. She’d grown and matured; she had a successful career. She didn’t need a man in her life to make her feel worthy.

And yet, after a handful of moments in the company of her high school sweetheart, her confidence was shot to hell. She was once again the eighteen-year-old girl who had loved with all her heart; who foolishly and naïvely believed her love had been reciprocated; who had fallen for the good-looking, charming captain of the football team and had believed every one of his whispered promises.

She thought she’d let the hurt and disappointment go. She thought she was over him. She’d had ten years to make a life without him and it was a life with which she was content…most of the time. She hadn’t realized until a moment ago how much she still yearned for an explanation for the way he’d treated her. Even now, when she’d asked him directly, he hadn’t had the courage to give her one.

Fresh fury surged through her veins and she clenched her jaw until her teeth hurt. She didn’t realize she’d voiced her anger until she saw Daniel lift his head, a frown of confusion on his face. The sight of it was like being doused in iced water. He was the one who’d been dealt the bad hand. This boy, the one hunched over the table, with fear and uncertainty obvious in every line of his young body, this boy was the one who had the right to complain. He was the needy one—and she was supposed to be there to help him.

With renewed determination to do everything she could to ease him through what was to come, she regained her seat and offered him the can of soda. He looked at it for a moment and then took it from her.

“Thanks.”

“No problem. Take your time, we’ll start again when you’re ready.”

He opened the soda and drank. A mouthful. Two. He set the can aside. Josie drew her notepad closer and picked up her pen. She chewed on the end of it and debated her next course of questioning in silence.

“I want to tell you what happened.”

Her head jerked up in surprise and she stared at the boy in front of her. He stared back at her, his expression now earnest, his eyes shadowed with fear…and determination.

“Okay,” she responded quietly.

Daniel filled his lungs and blew out his breath on a heavy sigh. He leaned over the table, his shoulders slumped.

“I saw that man with my mother. I saw the terror in her eyes. She was terrified and she was hurting. I couldn’t make the man stop. He was so much bigger than me. As I watched what he was doing to her, all I could think about was getting a gun.”

He paused and Josie saw the struggle on his face. She held her breath and silently willed him to continue. A moment later, he did.

“I ran to the shed, to the gun safe. I knew the code to open it.”

“How did you know the code, Daniel?”

“I’ve watched Dad lots of times. We go to the shooting range together. I got my gun license the day after I turned twelve.”