Beyond Innocence (17 page)

Serena’s expression said it wasn’t, but she didn’t protest. “Okay.”

“You ready to go in?”

“Your assistant is ready.”

Cory ignored the sarcasm and led the way into the building. She was accustomed to flashing a badge and bypassing security, but today, she was nobody. She missed the access of her position, but there was a certain comfort in being anonymous. She set her briefcase on the conveyor belt and waited until the deputy sheriff waved her through the metal detector. Even the rural courthouses had instituted some form of security after the Oklahoma bombing and 9/11. To make up for the fact she was being treated like a regular citizen, she chatted up the deputy.

“Where would I find Rick Smith?”

“Docket call should be close to done, but he’s probably still in the 578th. Second floor. Take the stairs, the elevator’s on the fritz.”

“Thanks.” Cory waited for Serena to pass inspection and then led her to the broad staircase.

“Want to translate what he said for us lay folk?”

“Most courts hold a morning docket call for cases set that day. That’s where you find the prosecutors. He was referring to the 578th District Court.”

“Got it. Lead the way.”

Cory walked confidently even though she didn’t know her way around this particular courthouse. Didn’t matter; they were all the same in certain ways. Prosecutors, public defenders, and retained criminal defense attorneys all milled around in the courtrooms. Anyone you encountered could be a probation officer, judge, bailiff, juror, or defendant. The trick was to fake experience until you figured out what you were doing. She remembered it took her months to figure out the ins and outs of the Dallas County courthouse. Years into the job, she knew everyone in the building and could navigate the system blindfolded. Her penance at the clinic wasn’t as unpleasant as she had thought it would be, but she was still anxious to return to the familiar. Just over a month to go.

She glanced back to make sure Serena was close by. Her time at the clinic would end before Eric’s execution date. And if she or someone else was somehow successful in getting a stay, she’d be long gone before his case was resolved. She shook her head. Eric’s case wasn’t really hers. It was Greg’s and she was just filling in until he was able to return to work. Eric needed a true believer like Greg, someone who would fight without regard to the impossibility of winning.

When she arrived at the doors of the 578th District Court, she glanced through the tiny windows on the outer doors. The judge was on the bench, taking a plea, but a horde of attorneys gathered inside the rails, broken off into small groups, presumably discussing pending cases. Cory motioned for Serena to take a seat in the gallery, and then she stepped into the well of the courtroom and approached one of the bailiffs.

“Can you point Rick Smith out to me?” Before the bailiff had a chance to answer, Cory found herself wrapped in a bear hug. She stiffened, but quickly relaxed when she turned to face her attacker. “Kyle Hansen, you dog! I thought people in small towns shoot folks that creep up on them like that.”

“Right, Lance. We all carry six-shooters in holsters. Oh, and don’t forget the ten-gallon hats.”

Cory leaned back and appraised her old friend. She and Kyle had been hired at the Dallas DA’s office at the same time. They’d gone to baby prosecutor school together and had a friendly competition between them as to who would be promoted to felony court first. She’d won. Kyle had left the office a few years ago, and she’d heard a rumor he was moving back to his family’s ranch. “Are you working here?”

“If by here, you mean the DA’s office, the answer’s no. I’m in private practice now.”

“Ah, defense attorney.”

“Among other things. Actually, I don’t do much criminal work anymore. I’m general counsel for the family business and I do some other transactional stuff on the side. I’ve got a civil trial in here next week, and I just came by to file some last-minute motions. I can’t believe I ran into you. What the hell are you doing here?”

Cory shot a glance at Serena who was staring daggers her way. “It’s complicated. We’ll have a beer sometime and I’ll catch you up.”

They wouldn’t have a beer and she wouldn’t catch him up. The explanation was more than complicated; it was personal. Too personal to share with someone she hadn’t seen in years. No doubt he’d read the news stories, and she wasn’t up for the inevitable questions. Time to cut this chance meeting short and accomplish what she came to do. “Do you know Rick Smith?”

“Sure, he’s in the jury room. I’ll take you back.” Before she could protest that she could find her own way, Kyle grasped her arm and led her through the door at the back of the courtroom and into the jury room. Cory looked back at Serena and mouthed that she would be right back. Serena’s response was a disgusted shake of her head, and Cory wondered if she could ever do anything right in her eyes.

*

Serena took about fifteen minutes to decide she was tired of doing what Cory told her to. She didn’t take an indefinite leave from work, fly all the way out here, and rent a hotel room to sit around and wait for someone else to make things happen. She certainly wasn’t going to watch Cory yuck it up with other attorneys, attorneys who probably thought whatever wrong she’d done was for the greater good. Put those criminals away; fry them if you have to. Doesn’t matter if they’re innocent; at least we can sleep at night knowing we erred on the side of caution.

She made her way to the edge of the crowded row and was about to leave the courtroom, when one of the bailiff’s approached her, a clipboard in his hand. “Ma’am. Have you checked in?”

She was confused at first. Were she and Cory supposed to check in? Had Cory done so? She’d seen her approach one of the bailiffs. Had she taken care of it?

She’d waited too long to answer and he tapped the clipboard with his hand. “Are you sure you’re on today’s docket or that you’re in the right courtroom?”

Realization dawned and it wasn’t pretty. This man with his uniform, badge, and gun, thought she was a defendant. That she’d committed a crime. That she was here to have justice meted out to her. She surveyed the rest of the people in the gallery. Lots of Hispanics, a few poor looking whites, and about a dozen African-Americans. Of course she fit right in. Didn’t matter that she was wearing her best suit, the color of her skin lumped her in with the rest of the ne’er-do-wells of Rinson County. She kept her reply short. “I’m definitely not in the right place.”

Once out in the hallway, she wasn’t sure what to do. The halls were teeming with people, and it didn’t take long to separate the accused from their counsel. The conversations were all laced with a thread of desperation: is that the best deal you can get? What am I looking at? I’ll lose my job. I’ll never get a job if this stays on my record. She walked as far away from the crowd as she could and took a seat on a wooden bench.

Thirty long minutes later, Cory burst into the hall. Serena saw her looking around, but wasn’t in the mood to help her out. She waited until Cory finally found her and let her have the first word.

“Obviously, that didn’t go as well as it could have, but I’ve laid some groundwork.”

Serena stood. “Can we go now?”

Cory looked confused. “Sure. I know a great place for a late breakfast if you’re up for it.”

“I’m not hungry.” She didn’t wait for Cory’s reaction. Instead, she walked as quickly as she could, her entire focus on getting out of the building. Cory followed, but wisely didn’t try to engage her in conversation. Once they were in the car, she turned to Serena. “You want to tell me why you’re so angry?”

“I’m not angry.”

“The hell you’re not. I know an angry woman when I see one. Come on; tell me what has you in such a huff.”

“You honestly don’t know, do you?”

“Wouldn’t ask if I did.”

“Why did you bring me out here?”

“You wanted to see how things were done. I thought this would be a good opportunity.”

“Oh, I saw how things were done. I saw you be all buddy buddy with the other attorneys while the rest of us sit in the audience and mind our manners.”

Cory’s shock was genuine. “Were you in the same courtroom I was? Rick fought me on every point. The judge is taking my discovery motion under consideration, but I don’t think we’re going to win access unless we raise solid issues in our writ.”

“Didn’t look like a fight to me. At least most people I fight with don’t hug me first.”

“Hug?” Cory looked puzzled for a moment. “Oh, you mean Kyle? Uh, no. He used to be a prosecutor, but he’s in private practice. He took me back to the jury room to find Rick. I’ve known Kyle for years. Wait a minute. Were you even in the courtroom when we approached the bench?”

Serena felt stupid. She was angry at the bailiff for making assumptions about her, and she was doing the same about Cory. Time to fess up. “You mean that guy you hugged wasn’t the prosecutor?” Cory shook her head, and Serena felt sheepish. “I left right after that.”

“Why? I thought the whole reason you were coming along was to check up on me. Hard to do that when you’re not even in the room.” Cory’s anger was palpable, and Serena wished she were anywhere else.

“I’m sorry. I don’t know what to say. I had to leave.” She didn’t feel like sharing the humiliation of having been mistaken for a defendant, so she fished around for a change in subject. “I may be hungry after all. How about that breakfast?” She silently prayed Cory would let the change in subject pass without question. “You can tell me what I missed.”

Cory’s stare bored into her. Serena sensed she was trying to read her mind, and she also sensed she’d lost more than a few notches of respect in Cory’s estimation. She’d have to steel herself if she wanted to be involved in Eric’s case. Besides, if she weren’t careful, she wouldn’t get to spend time with Cory, and as much as she didn’t understand it, as much as she resisted it, her desire to be with Cory was strong.

*

Cory ushered Serena into the diner. She hoped for all her bragging it was as good as she remembered. She hadn’t been able to impress Serena with her courtroom skill; maybe she could at least provide a good meal. Impressing Serena wasn’t going to be an easy task.

Why had she left the courtroom before they were done? What had at first made Cory angry, now had her puzzled. Maybe facing the reality of her brother’s case and the uphill battle ahead proved to be more than she could handle. She could hardly blame her since every desperate move wore at her confidence as well. How did attorneys do this for a living, knowing that wins were scarce and losses cost lives?

After Kyle had directed her back to the jury room, she’d confidently strode into the room, asking which one of the attorneys standing behind buckets of files was Rick Smith. When a middle-aged balding man with a slight paunch had stood to shake her hand, she felt a vague sense of recognition.

“Cory Lance, nice to see you again.” He must have noticed her puzzled expression, because he followed up with, “You taught that class on homicide investigations last year, down in Huntsville.”

She remembered. She and Julie had laughed about him later that evening when Julie had snuck into her room. He’d spent the class falling all over himself in his attempts to impress her and the rest of the class with his extensive knowledge of the law. Talking over her and the other panelists, shouting out answers, preaching his own courtroom methods as the only way. She’d been anything but impressed. That he was the prosecutor who’d sent Eric Washington to death row was a stinging blow. As much as it pained her, she knew his type would be more susceptible to flattery than intimidation. She did her best imitation of a southern belle.

“Of course I remember you, Rick. You were the star student.”

He beamed and she did her best not to choke on her next words. “I’m sure you’re just the person to help me. I’m doing some work for the Justice Clinic, you know that little group that operates out of Richards University? Well, anyway, they’re working on a writ for a case you handled, and we’d like to see if we can get an agreed discovery order to review your file. The name Eric Washington ring any bells?” She waited and watched while he digested her request. She could tell he was trying to wrap his head around the fact she had just said she was working for the Justice Clinic, but he’d be too kiss-ass to admit he wasn’t already aware of her current predicament.

“Eric Washington, eh? I remember that case. Brutal. Jury didn’t take long to decide his fate. Not long at all.” He motioned her over to a corner of the busy room. When they were out of earshot of most of the occupants, he let his guard down. “What’s a nice woman like you working on a case like this for? I mean, I heard about your recent troubles, but the Justice Clinic? What’s the point of all the years you wielded the sword of justice if you’re going to use your talents to put murderers and rapists back on the street?”

Cory drew on reserves deep within to keep from slapping the pious expression off Rick’s face. Wielding the sword of justice? Had she ever thought of her job in such grandiose terms?

She had. She may not have the insufferable personality traits of this bozo, but their differences weren’t as vast as she would like to think. Prosecuting crimes, putting away bad guys—she’d lived for the thrill of those victories her entire legal career. She’d always believed the guy on trial deserved the worst the jury could mete out. She had to, or else what was the point?

“Rick, we all do what we have to do. Right now, I’m working this case and I’m going to give it everything I’ve got. Now, how about you show me your file? Come on, one prosecutor to another. If Eric Washington was good for the crimes, then what’s the harm?”

His expression quickly turned from affable to sour. “I can’t believe you, of all people, would be asking that question.”

“Care to explain what you mean by that?” Cory abandoned charm and settled in for a fight.

He glanced around. Their conversation had begun to draw attention from the other lawyers in the room. To her relief, he lowered instead of raised his voice. “I know you need to make a show of this for PR and all. Let’s go into the courtroom and you can argue your little discovery motion to your heart’s content. But you and I both know you don’t have a chance of saving Eric Washington’s life. And I don’t think you really want to anyway.”