Eyes of a Child (51 page)

But Salinas was prepared with a rationale that played to Judge Lerner's liberality. ‘It is perfectly valid,' Salinas said to Lerner, ‘for us to call on Ms Warner's experiences as a teacher. With the court's permission, I'd like to establish that experience as a context for her conversations with Mr Arias.'

Lerner frowned. ‘I'll let it go,' he said to Caroline. ‘The jury can hear it for whatever it's worth.'

Caroline sat again. Angry, Paget braced himself for what would come.

Salinas turned to Warner again. ‘Prior to your call to Mr Arias, did you have any incidence of child molestation among your students?'

‘Yes. On four different instances over a six-year period, children in my class were determined by Child Protective Services to have been sexually abused.'

‘And did that experience influence your decision to contact Elena's parents?'

‘Yes. In those four situations, the children – three girls and a boy – displayed some of the same behavior I saw in Elena almost from the first day: listlessness and inattention, detachment from other children, and sexually suggestive or aggressive play. These experiences definitely raised my consciousness in thinking about Elena.'

‘In turn, did you mention possible sexual abuse to Mr Arias?'

‘Yes.'

Paget saw Caroline frown. By pinning his questions to Warner's conversations with Richie, Salinas legitimized Richie's concerns: the specter of child abuse had first been raised not by him but by a caring and enlightened teacher. It struck him that the ‘fistfight' before Lerner – which Brooks had forecast – did not necessarily favor the defense.

‘And what,' Salinas asked slowly, ‘was Mr Arias's response?'

‘He was quite disturbed.' She paused, as if upset by the memory, and spoke more quietly. ‘I remember him saying something like “God, Leslie, I hope not – this poor kid has gone through enough.”'

In the jury box, Joseph Duarte looked pensive, as if imagining Richie's anxiety. Caroline shook her head. ‘Jesus,' she murmured. ‘Why don't we just have a séance.' Paget knew what she meant: through Leslie Warner, Salinas was bringing Ricardo Arias to life.

‘Do you remember what else Richie said?' he asked her.

Warner nodded firmly. ‘He wanted to meet with me, right away. At the meeting, he peppered me with questions about Elena's behavior, taking notes of everything I said.' Pausing, Warner shook her head. ‘Before, he seemed a cheerful man, upbeat and enthusiastic. But now he looked so upset for Elena that I thought for a minute he might cry. This worry about her just seemed to kil him.'

As if hearing her last phrase, Warner put a hand to her mouth. Salinas waited a respectful moment. ‘Oh,
please
,' Caroline murmured in disgust. But the jury, Paget noticed, was somber.

‘What else do you recall about this conversation?' Salinas asked.

Warner folded her hands. ‘For all his obvious emotion, I thought Mr Arias
very
responsible. He said, and I agreed, that with suspicions this vague he didn't want to upset Elena by confronting her. Instead he asked me for a reading list of books on sexual abuse and requested that I call him if
anything
happened with Elena.' She paused. ‘Oh, and he asked if I was going to call Ms Peralta. When I said yes, he told me that was good, that his wife needed to be involved.'

Inwardly, Paget winced; the Richie the jury must now imagine was different from the one Terri had known. Salinas stepped forward. ‘When was that meeting, Ms Warner?'

‘Again, very early in the school year.' Her voice fell. ‘Perhaps six weeks or so before Mr Arias died.'

‘And after that, did Mr Arias keep in touch?'

‘As I said, at least once a week. Several times he dropped by after school.'

‘And what did you talk about?'

For a moment, Paget thought, Warner looked curiously defensive. ‘Elena. He wanted to know if there was anything new and how she was doing in school.'

‘And what was his demeanor during those visits?'

‘Very concerned, but appreciative.' Warner smiled faintly. ‘He was a very cheerful man, really. One time, because I'd told him I'd been to the opera and loved
La Boheme,
he brought me a book about Puccini.'

Moving still closer to Warner, Salinas paused for emphasis. ‘Did there come a time, Ms Warner, when Mr Arias reported to you
his
concern that Elena
had
been molested?'

For the first time, Warner glanced at Paget. ‘Yes,' she said in a tone of suppressed anger. ‘About three weeks later, he called me sounding very upset, and asked if I could see him. When he came to the school he looked as troubled as he sounded.' She moderated her tone. ‘What he shared with me, in confidence, was his fear that Elena had been sexually molested by Mr Paget's son.'

From the side, Paget saw several jurors glance at him surreptitiously. But he could not control his look of outrage: after Salinas had raised this charge in opening statements, Paget had spent the night with Carlo, encouraging him to keep his pride in the face of the reporters clustered outside their home, the plummy news voices who made Carlo part of their lead sentence. It was hard to watch Salinas smear his son to get at Paget himself.

‘And what,' Salinas asked, ‘did Mr Arias tell you?'

Warner's gray eyes were shadowed with disapproval. ‘That his wife let Elena spend time with Mr Paget's son – Carlo, I believe his name is. It had bothered him, Richie said, once I voiced my concerns. But he hadn't wanted to say anything irresponsible which might damage a teenage boy.' She folded her hands. ‘
Then
Elena told Richie that Carlo had given her a bath. And when he questioned her, Richie said, she went into a shell – I could tell it frightened him.' She shook her head. ‘It scared me too. Because that was how Elena had been the day that I questioned her. And in my experience, it's a symptom of abuse.'

Paget saw Caroline begin to rise, and then reconsider. She was right, he knew: objecting would only aggravate the damage.

‘Did Mr Arias tell you what he intended to do?'

‘Yes.' Warner's voice became firm. ‘He intended to tell his wife to keep Elena away from Carlo and Mr Paget. And if she refused, he was going to court.'

‘And when did he tell you this?'

Warner stared at Paget now. ‘Less than two weeks before his death.'

‘And when he told you, what was his demeanor?'

Warner gave a short nod, as if approving of the Richie she remembered. ‘Determined. Confident, I might even say, that he was doing the right thing and that he'd win.'

Caroline rose. ‘I'd like to make a belated objection, Your Honor. Ms Warner's not a mentalist, or a psychiatrist for that matter, and what we seem to be hearing are
her
mental impressions of Mr Arias's mental state. Based on what, I have to wonder.'

Eyeing Caroline, Salinas turned to Lerner. ‘Your Honor, the defense proposes that Mr Arias killed himself. We're forced to show that he did not. And if Ms Masters can find
anyone
to say that Mr Arias was spotted on a park bench, looking brooding and morose, I
guarantee
we'll hear from them.'

Salinas had anticipated each problem, Paget saw, and prepared a rationale that Lerner might accept. Against his will, Paget had begun to fear Salinas's thoroughness. As if to confirm this, Lerner nodded. ‘Overruled.'

‘Thank you,' Salinas said, and turned to Warner. ‘Did you
ever
see any signs of despair in Mr Arias?'

‘Never. As I said, except for worrying about Elena, he was a very optimistic man. I don't want to be hokey, but Richie seemed high on life – in love with his daughter, excited about his new business, looking forward to putting the divorce behind him and getting on with his future.'

Salinas assumed an almost mournful look. ‘And when, Ms Warner, did you
last
see Mr Arias?'

Warner looked down. ‘The day before his wife left for Italy with Mr Paget.'

‘Can you describe that conversation?'

‘By then Richie had filed his motion in court. He expressed disappointment that, with all that was at stake for Elena, Ms Peralta had chosen to leave the country with her boyfriend.' She paused. ‘We talked for a while, and then he asked if I could meet him the next morning, Saturday, at The Coffee Bean in Noe Valley. To talk more about Elena.'

‘And what did you say?'

‘That I would.' Warner shrugged, still looking down. ‘I live close to there, and so did he.'

‘During this conversation, did he sound normal?'

‘Absolutely normal. If anything, more concerned than ever about his daughter.'

Salinas nodded. ‘When were you supposed to meet him?'

Warner paused a moment. ‘I said around eleven would be good.'

‘And did you go there?'

‘Yes.' Warner's voice became almost wispy. ‘But Richie never came.'

Salinas angled his head. ‘And what did you do?'

‘I waited for an hour and then left.'

‘Did you try to call him?'

Warner gave a slight shake of the head. ‘I was too embarrassed. I thought Richie had forgotten.' She gazed up at Salinas with an almost haunted look. ‘You'll never know, Mr Salinas, how much I wish I'd called.'

Watching Warner, Marian Celler leaned forward. In despair, Paget felt the jury slipping away. Quietly, Salinas said, ‘I have no further questions.'

Careful,
Caroline admonished herself as she approached Leslie Warner. Right now the jury likes her, and you're already on the edge; too supercilious, and you'll lose them altogether.

‘Good morning,' Caroline said pleasantly.

Warner regarded her with wounded gray eyes, as if interrupted from sorrow and remorse: it confirmed for Caroline that something in this woman enjoyed the role she was playing. ‘You seem quite troubled by Mr Arias's death,' Caroline observed.

Warner nodded. ‘I am.'

Caroline gave her a puzzled look. ‘Is there a particular reason?'

Warner paused a moment. ‘It's tragic when someone dies so young,' she replied. ‘Especially someone who seemed so full of life and so concerned for his daughter. Maybe that's the biggest tragedy of all – that Elena won't have a father.'

Or that you won't have a date, Caroline thought. ‘Did you feel particularly close to Elena?'

Another pause. ‘I was concerned for her,' Warner responded. ‘But she wasn't with me long. After Richie died, her mother took her out of school.'

The last words were flat with disapproval. There were several ways to take this, Caroline thought; then, all at once, the path seemed to open up in front of her. ‘Did you have a social interest in Mr Arias?' she asked.

Warner sat back a little. ‘I don't know what you mean,' she said stiffly.

Caroline tilted her head. ‘For example, have you met for coffee with the father of any other student?'

Warner's mouth compressed. ‘No.'

‘Or any mother?'

‘Not that I can remember.'

‘Including Teresa Peralta?'

‘No.' Warner's voice was flat again. ‘Elena was a particular concern of mine. When her father asked to see me, I didn't have a problem with that.'

Caroline's look turned curious. ‘Just how well did you know Mr Arias?'

Warner rearranged her flowing skirt. ‘Fairly well, I think. When you talk to someone almost twice a week for several weeks, you get a sense of who they are. Especially someone as open as Richie.'

‘Oh? Do you know how Mr Arias made a living?'

Warner gave her a cool look. ‘He had his own business,' she said emphatically. ‘Called Lawsearch. He was very excited about it.'

‘Did he happen to mention that he was living on a combination of spousal and child support, paid by Ms Peralta?'

Warner folded her hands. ‘No.'

‘So I also gather you don't know whether he could have survived if he'd lost custody of Elena.'

‘No.'

‘Or even whether he had financial problems.'

‘No.'

‘Or
emotional
problems?'

‘No.'

‘Or whether he was seeing a psychiatrist or counselor?'

‘No.' Warner's voice was cold now. ‘We didn't have the kind of relationship where he would tell me those things. Our conversations were mainly about Elena.'

Caroline put her hands on her hips. ‘What kind of parent was Ricardo Arias?'

Warner looked annoyed. ‘He was concerned, as I said.'

‘And how do you know that?'

‘Because we
talked
about her. Quite a lot.'

‘Did you ever actually observe them together?'

Warner looked bewildered. ‘I wasn't in a position to see their interactions.'

‘In other words, you knew Mr Arias was concerned because he
said
he was concerned, is that right?'

‘Parental contact with the teacher indicates concern to me.'

Caroline made herself look pensive. ‘Would you say another sign of concern would have been to have Elena evaluated by a psychologist? One who specializes in children.'

Warner gave her a tight smile. ‘Yes. I believe I mentioned that to Mr Arias.'

‘Did
he
happen to mention that Ms Peralta had
asked
for such an evaluation?'

Warner looked surprised. ‘I don't believe so.'

‘Did he tell you that once the abuse charges were made, Ms Peralta had again asked that they be investigated by a professional?'