The Victim (62 page)

Jack asked, “What is it she wants you do to in order to get her back?”

Anton slugged a third of his most recent cup of coffee. “The same thing she’s wanted me to do all along.”

***

Morales watched the clock, poised to strike the minute the hands aligned in the 3:05 position. Sensing her body language, the court reporter curled her fingers over the keys.

“
We’re back in the matter of the
State of Florida versus Bryan Avery
. All parties are present, including the defendant. The jury is in the jury room. Yesterday this court recessed for twenty-four hours to allow time for the state’s witness, Daniella Avery, to either appear voluntarily to be taken into custody on the outstanding writ of bodily attachment, or to be brought here by Corrections or the Miami-Dade Police Department. State, have you any information on whether Ms. Avery is present in the building to surrender or whether she is in custody?”

Sylvia stood, straightened her lapels. Behind her, every available seat in the gallery was filled with prosecutors and defense attorneys. Anton hadn’t checked the Blog but he knew how word traveled. A photographer from the
Herald
stood by the door, clicking shot after shot with his wide-angle lens.

“
Your Honor,” she said, her words echoed by quick shutter snaps. “The state has had no contact with, nor any updates as to the whereabouts of Daniella Avery. I have checked with both Corrections and the Warrants Bureau of the Miami-Dade Police Department, as well as our office’s in-house investigators, who have been working around the clock to find her. At this time, the state would be requesting an additional twenty-four hours to continue our efforts.”

Morales shrugged at the comment, shaking her head no. Sylvia held out her hands, advising the court with a subtle gesture that she was merely covering her bases.

“
That request is denied, Ms. Kaplan. This court will not inconvenience the jury any longer. At this point, is there a stipulation to a mistrial?”

Bryan bit his lower lip, bobbing his head in acceptance. He knew he would be remanded to jail until the state decided whether they would continue its prosecution.

“
The state will so stipulate, Your Honor.”

Morales turned to the defense table. “Mr. Mackey or Mr. Savarese? Who would like to address this matter on behalf of the defendant?”

Jack started to rise but Anton stopped him, reaching his arm across Bryan to put his hand on Jack’s chest. Jack slumped back into his seat while Anton stood.

“
Your Honor.” He felt a rising sting in his eyes, pressure building behind them. He swallowed and pinched the bridge of his nose. He sniffled. “At this time…the defense cannot stipulate to a mistrial.” Bryan looked up, mouth open, confused. “Understanding that the defense has been limited in its ability to cross-examine the alleged victim due to her flight from this court mid-trial and knowing that the defendant could be prejudiced by this limitation, I cannot agree to a mistrial and must urge this court to continue. Furthermore, I am moving to withdraw as Mr. Avery’s attorney. Mr. Savarese will substitute as counsel.”

A flurry of muffled conversation filled the air behind Anton. The photographer shot what must have been an entire roll of film.

Morales’s jaw dropped. “Mr. Mackey…what is going on here?”

He thought of Charlotte and nothing else.

“
I can no longer represent Mr. Avery, Your Honor. I’m a witness in this case.”

CHAPTER 71

The four attorneys followed Morales into her chambers, Sylvia and Anton assuming the two seats in front of her desk. Jack and Melissa stood.

Jerking a nod to Diego as a tacit order to shut the door, Morales turned to Anton.

“
What the hell are you doing to my trial?”

“
I’m not doing anything other than what’s right, Your Honor.” The words sounded funny as they came out, as if spoken by a voice that wasn’t his. “I’m a witness in Mr. Avery’s case. I have exculpatory evidence that can only be gleaned through my testimony. With the court’s permission, I’d like to withdraw as Mr. Avery’s attorney so that Mr. Savarese can call me as a defense witness.”

Jack put a hand on Anton’s shoulder.

“
Your Honor,” he spoke, his polished baritone commanding rapt attention. Even Sylvia turned her head to look up at him. “This has come as a complete surprise. Look, Mr. Mackey asked me to assist him in trial and I’m happy to take the lead if that’s what he wants. But he has not discussed the possibility of becoming a witness.”

Jack squeezed Anton’s shoulder hard, urging him to reconsider.

Morales leaned back in her leather recliner. “Well, wait a second, Mr. Savarese. If Mr. Mackey says he has information that exculpates his client, doesn’t he have a duty to do something about it? You of all people should know that.”

Jack nodded, point taken. “You’re a hundred percent right, Judge. I just want Mr. Mackey to reconsider. Perhaps there are other ways to offer this evidence to the court without Mr. Mackey doing what he wants to do.”

Anton had enough. “Judge, the victim in this case admitted to me that she made up the entire accusation. She admitted this to me in person.” He sighed, exhaling his pride in the process. “I regret to inform you, Judge, but I engaged in an inappropriate sexual relationship with the victim, which occurred promptly before she admitted that everything she would testify to in court would be a lie. I’m not playing around anymore, Judge, not when my client’s freedom is at stake.”

He could feel Sylvia’s breath on his cheeks; her head turned, stare directed at him, aghast at both his candor and lack of professionalism.

Morales removed her glasses, dug her palms into her eyes, working out the stress, thinking,
What the hell do I do now?

“
Anton,” she said calmly. He straightened up. When a judge calls you by your first name you know it’s serious. “You’re young and you’ve got a long career ahead of you. If you do what you want to do, understand the repercussions that this may have on you, professionally and personally. Think long and hard before you do what you are thinking about doing.”

Stubbornly, he shook his head. “I’ve thought about it, Judge. There’s no turning back. I’m fully aware of the professional and personal consequences. The personal have already been suffered. The professional, well…I accept that the Florida Bar may take issue with what I’ve done. But this is beyond an ethical slap on the wrist, Judge. This is criminal. Jack doesn’t want me to testify because he’s just looking out for my well being. He doesn’t want me to incriminate myself.”

Sylvia curled her lip. “Incriminate yourself?”

Anton turned, nodding. “Yup. Incriminate myself. You see, this entire case has nothing to do with Bryan Avery. Bryan Avery is merely a vessel. He’s nothing. He’s a sacrificial lamb. This case is all about Lola Munson, the true identity of Daniella Avery. She’s out to get revenge.”

Morales’s brow jumped, chin tilted down in confusion. “Revenge? Against whom?”

Anton swallowed, closed his eyes. “Me. For what I did to two people she loved.”

***

They reentered the courtroom through a side door. Anton informed Corrections that he needed to speak to his client in the anteroom beside the jury box. When the CO started to pull his cuffs from his belt, Anton shook his head.

“
Please. Don’t cuff him.”

Bryan followed Anton into the room. Anton turned and said to all those present, “Don’t come in, whatever you do. This is a private conference. You might hear some noise but I warn you. Don’t. Come. In.”

He shut the door.

Bryan stood before him, the oversized sport coat making him look like a boy in his father’s clothes.

“
What the hell is going on?”

Anton leaned his back against the door, as much for support as a barrier to those who might rush in once they heard the commotion.

“
Daniella, your wife? She’s not who she says she is. She’s somebody from my past. You? You’re insignificant in all of this. I know you didn’t do it. She knows you didn’t do it. She told me. And I’m going to testify and make things right.”

His face froze in a mix of emotion, unsure whether to be happy or horrified.

“
What…when did she tell you this? How long have you known?”

Anton’s chest swelled and withered as he took a breath, bracing himself. He instinctively tensed his muscles, preparing.

“
A while, Bryan. Ever since I went over to her apartment and we had sex.”

Anton saw Bryan’s fist curling at the edge of the too-long sleeve. A straight right to the chin knocked his head back into the door, cracking the laminate.

Anton tasted the blood beading on his lip.

“
Hit me again, Bryan. Get it out. C’mon.”

Bryan snarled, chambering a right hook and letting it fly across Anton’s jaw. He felt a hard pop, his head snapping with the force of the punch. He held up one hand, steadying himself against the wall with the other.

“
Okay, okay…that’s enough.”

Bryan was fuming, his shoulders rising and falling with his adrenaline-fueled breath. Both fists were tight, balled at his waist, arms tensed and bent at the elbows.

“
You piece of shit.”

Anton grabbed a plastic wastebasket off the floor and spit, wiped the residual blood from his lip.

“
I know, Bryan. I know. And I intend to make amends for it right now.”

CHAPTER 72

With the jury box still empty, Morales ordered Diego to clear the courtroom of all spectators and media.

“
Um, Judge?” The
Herald
photographer chimed in, trudging his way forward against the tide moving compliantly toward the door. “As a member of the press, I’m permitted to be in here. Florida courtrooms are open to the public and without notice and an opportunity to be heard—”

She held up a hand. “Appeal me.”

Diego grabbed a fistful of his lapel and ushered him to the door.

Jack reached across Bryan, tugging Anton’s sleeve.

“
Are you sure about this?”

Anton waved him off. “There is no choice, Jack.”

“
I’m not having this portion of the trial transcribed,” Morales said, shaking her head emphatically. “I don’t care what either of you say. I’m not going to do it. I won’t.”

Anton didn’t object; nor did Sylvia.

Anton stood. “Judge, before I testify, may I have a minute out in the hallway?”

“
Of course.”

He stepped out into the hallway and dialed his office number on his cell phone.

After two rings Yessenia answered, “Law Office of Anton Mackey, how can I direct your call?”

“
Lola, call me now.”

He hung up.

He counted roughly thirty seconds in his head before his phone rang. A 305 number he didn’t recognize flashed on the display, confirming that she was listening to his calls.

“
Is she safe?”

“
Of course she is.”

“
Send me a photo.”

“
This phone is a cheap prepaid. It doesn’t have those capabilities.”

“
Bullshit, Lola. I’m not about to do this without proof that she’s okay. You figure out a way to get a picture to me right now.”