Incriminating Evidence (5 page)

“You mean like a psychiatrist?”

“Or something similar.”

“I did a lot of therapy through college. But I learned that the counseling, while it was necessary to help me get through those initial years after I left foster care, was repetitive after a while. I felt like I was saying the same thing over and over—reliving the trauma over and over. It was necessary to work through it, but once that had happened, it wasn’t really that helpful for me. I miss having Tiger with me. He provides a lot of comfort in these situations.”

“I’m sorry. If you want us to get him, we can.”

“No. I don’t want to put him in any danger. I’ll have to tough it out.”

“Let me know if you change your mind.”

“My relationship with God is really what has pulled me through. It would’ve been easy to drop into a deep abyss of depression and never come out of it.”

“I’ve learned that God has a way of coming through for us when we need it the most. My last year of college my mom was totally going off the deep end. I felt bad, so I went to visit her, but it was literally one of the toughest experiences of my life. She was so strung out she barely knew who I was. But the sad thing is that she didn’t want any help from me. In that moment of feeling so weak and helpless, I turned to God for strength because honestly I didn’t think I had enough to get me through.”

“It is amazing what He is able to do. What is your relationship with your mother like now?”

“That’s a difficult question to answer. To say we even have one might be a little bit of a stretch. Things are uneven—let’s put it that way.”

“You speak very diplomatically. Are you sure you don’t have your sights set on running for office one day?”

He laughed. “I can honestly say that is not in my game plan.”

“What are your career goals?”

He could tell that she wanted to talk about something unrelated to the case to distance herself from what she’d just experienced. “I think most FBI agents who have ambition would love to run their own office and be a special agent in charge. But I know I have to put in years of service before that would even be on the table. I’m excited about learning the different areas that we investigate, though.”

“You definitely started with a very exciting one. If you get thrown into insurance fraud or something next, it will be a big letdown.”

He grinned. “You’ve got that right. But I have to take the thrilling assignments with the more mundane.”

“Yeah, paying dues and all of that.”

“We both got thrown into cases that we normally wouldn’t see for years.” It was a strong common bond between them.

“I know. Which is why this is so important to me.” She paused. “What time is it?”

He looked down at his watch. “It’s about five a.m.”

“I should get up. I don’t think I’m going to be able to go back to sleep. I can start working.”

“Whatever you want to do.” He didn’t think he was in any position to go back to sleep, either. Might as well face the day.

“First I’m going to make coffee so that my brain can start to function.”

“Please make a big pot.” He laughed.

“Seriously, Zach. Thanks for talking with me. I feel a lot better now.”

His heart warmed as he looked into her eyes. He was drawn to her. So vulnerable and yet so strong at the same time. “Of course.” He stood up. “I’ll let you get ready.”

He walked out of her room and closed the door. And he wondered if he was starting to care about Jessica more than he should.

* * *

Jessica had turned the large dining room table into her desk. She had her laptop, legal pads and a lot of Post-it notes. Zach had largely left her alone to do her thing. But he would check on her every couple of hours. It was now late afternoon, and she was hitting a wall.

After the restless night filled with awful dreams, she felt completely drained. She also couldn’t believe that she’d shown such a raw and tender part of herself to Zach. She always tried so hard to put up a tough front—big walls to protect her from all the evils of the world—but Zach had seen firsthand how damaged she really was.

Even though she didn’t want to admit it, she knew deep down that Zach was special. He had vowed to protect her, and she actually believed him. But it was more. A strange thought crept into her mind: Was it possible that she could think of Zach as more than just her protector? The idea scared her, but it also gave her a tiny shred of hope that she might be able to break away from her fears and pain and find happiness.

But that was something to think about later. She still had a vitally important job to do. She couldn’t believe that this trial was actually going to start on Monday. It seemed surreal. At this point, she was thankful she’d put in those ridiculously long hours the past two months because even though she had stuff to do to prepare, she was actually in good shape. It took some of the pressure off and allowed her to focus on the strategy adjustments now that she had to make the case without Denise.

Taking a deep breath, she tried to engage in the positive visualization trial techniques that her law school professor had taught her. She was standing in front of the jury. Confident, secure, calm. It was her opening statement, and she didn’t waver.

“Hey,” Zach said, interrupting her thoughts.

“Hi. What have you been up to?”

“Working on trial logistics. But we aren’t cutting any corners. You will be safe.”

“You know you can’t make guarantees like that, Zach.”

“I’m not just saying that to try to comfort you. I’m basing my opinion on the facts of the plan. I have experience in this area. I used to work in a private security firm for five years after college. It gave me a good background to apply for the FBI. So I have experience with event planning. Although I wasn’t the one on the ground when I worked in the private sector. I was just the planner.”

“That’s interesting. Why did you leave that type of work?”

“I felt like I had pushed myself and learned everything that I could. I was starting to lose interest and wanted a new challenge. But I’m glad I didn’t just apply to the FBI right out of college. Those years of work experience really helped me mature and gain skills that I found very valuable when I was at Quantico.”

“I did just the opposite. My senior year of college I was busy preparing law school applications. I knew I wanted to be a lawyer and didn’t waste any time. But there were quite a few people in my class who had other careers before going to law school. Or they had just taken a couple of years off to gain some other type of experience. Given my background, I felt more secure going directly into school. It wasn’t like I had anyone to take care of me if something went wrong, so I took the safest course and went straight through.”

“There’s no right or wrong path when it comes to careers. Everyone has to choose what is best for them. I wasn’t totally sure when I graduated if I wanted to go to the FBI, but after I experienced the private sector, it made the decision easier.”

“A lot more lucrative in the private sector, though,” she noted. “I know that well. I turned down a couple of offers to work at large Miami law firms. You wouldn’t believe what they’re willing to pay first-year associates at those big firms.”

“But I’m guessing your heart wasn’t in it?”

“No, not at all. I’ve held on to the dream of being a prosecutor for many years. It’s not all about the money for me. It’s about making a difference in people’s lives. I’m not a fancy person. I don’t need possessions to be happy. I’ve lived my whole life with so little. I don’t think I’d be able to even appreciate that type of lifestyle.” She paused. “And, yes, I do realize that my past has totally shaped pretty much every part of who I am today.”

“There’s nothing wrong with that. And I can relate to your decision-making process. I wanted a challenge at the FBI, but I also wanted to feel like I was working on a team for a larger goal. Something bigger than myself. I’ve always enjoyed team sports and activities. So I thought it was a good fit for me.”

“I guess at the end of the day, we both like helping people.”

“And that’s a good thing.” He smiled. “What can I do to help you?”

She let out a big breath and pushed her hair back out of her eyes. “I am trying to stay positive, but I’m struggling. I know I’ve told you before, but without Denise’s testimony, this is going to be nearly impossible. There’s no other way to put it.”

He reached out and touched her arm. “Think of it as a challenge. Yeah, you may have to stretch outside the box, but a jury can sense the truth. You have that on your side. That’s the thing that matters most.”

She shook her head. “But I’ve got to get to guilty beyond a reasonable doubt. That’s no easy feat even with the best cases, with strong evidence and eyewitness testimony. I have neither of those things here. I know the defense is going to ask for a directed verdict when I finish my case.”

“You’ve got enough to get past that stage. Don’t you?”

She laughed. “See, now even you’re wondering if this is going to be a weak case.”

“I’ve got faith in you.”

He was just being nice because he had no idea what her abilities were. “You haven’t seen me in the courtroom. I could be a bad speaker.”

“Nah. I can tell that you’ll be good. Want to practice your opening statement? I can play juror.”

“No. Practicing in front of you would just make me more nervous. All I can do is get back to it and make sure I have everything organized the best I can.”

“If you change your mind, I’m here. Whatever you need, just ask. This is a team effort to make sure we get through this.”

Jessica appreciated having Zach on her side. He was proving to be a source of strength and friendship for her. She wasn’t used to letting someone into her life, but Zach was different.

She could only hope and pray that they would get through the trial and that she’d come out safely.

FIVE

J
essica had worked nonstop over the weekend preparing for the trial. And now it was Monday morning, and she felt as if she was going to be sick. She’d never really faced nerves in law school when she’d done the mock trial competitions. But right now she was having a serious case of jitters.

This wasn’t just a random case. No, it was the prosecution of one of the most high-profile criminals in Miami. As her stomach churned, she took a few deep breaths to try to steady herself.

There was a loud knock on her bedroom door.

“Jessica, it’s Zach. Are you ready?”

She didn’t want Zach to see her sweat.
Lord, please give me the strength and wisdom to get through this first day of trial.
“I’ll be right out.”

Doing one last check in the mirror she was satisfied that her black suit paired with a gray blouse would be classic and understated for court. She wanted the jury to focus on the facts, not on her wardrobe choices.

She opened the door and walked down the stairs to find Zach pacing around the kitchen. It was good to see that she wasn’t the only one who was nervous.

“Hey,” she said.

Zach stopped pacing and turned to her. “You look courtroom ready.”

“Thanks. I’m anxious to get it started.”

“Let’s head out. Our security detail is waiting outside.”

Hearing those words come out of his mouth made her stomach tighten even more. When he opened the front door and she walked out, she saw that “escort” was an understatement. It looked like a presidential motorcade. Five dark SUVs were on the street and lined up in front of the safe house.

“This is all for me?” she asked.

He guided her down the steps and toward the waiting vehicles. “Yes, I told you that we weren’t taking any chances. We’re getting you into that courthouse safely so you can focus on doing your part—which is to prosecute Simon Hernandez. I don’t want you to be preoccupied or worried at all about the security side of things.”

She watched as a few cars pulled out in front of theirs and the others followed behind. “Uh, Zach, don’t you think this is going to draw way too much attention to the safe house? Isn’t the point to be inconspicuous? This is anything but.”

“Actually, yeah, I was going to tell you about that. We’re going to be moving you to another location after we leave court today. Just being cautious. The FBI has plenty of options for safe houses, so it won’t be an issue. Your stuff will be packed up and will be waiting for you at the new location.”

“All right. Sounds like a plan.” She wasn’t in a chatty mood, so she mainly kept quiet on the ride into downtown Miami.

The number of police vehicles around the courthouse was staggering. There was so much law enforcement presence that she was starting to believe Zach when he’d said nothing would happen to her.

“Here we are,” Zach said. He pulled the SUV right up in front of the courthouse. “This is door-to-door service. I’ll come around and help you out of the vehicle. Then you’ll be flanked by me plus a few other FBI agents. No risks. No sudden moves. Just walk like you normally would. Got it?”

“Yes.” What else could she say? That she was so nervous she was worried about getting sick right then and there? But it wasn’t from the fear that someone was going to try to hurt her. No, it was whether she was going to be able to perform today when it really mattered. When she stood up for her opening statement and had to face the jury.

Taking a few more deep breaths, she told herself that it was going to be okay. And she reminded herself that she wasn’t alone. She had God with her, which was even more important than the law enforcement presence.

Zach gently took her arm and guided her up the courthouse steps toward the door. Since he’d found out about her past, she’d noticed that he was very careful in how he touched her. The fact that it mattered so much to him meant a lot to her.

Once inside, she let out a breath. The first step was accomplished. Now they needed to get through the security line. There were no exceptions even for lawyers or law enforcement, and that was fine with her.

She set her bag down on the X-ray belt and showed her bar card, which allowed her to bring in her laptop and her phone.

“Are we headed directly to the courtroom?” she asked Zach.

“Yes. We will let you get settled in and ready to go.”

The sooner she could get at counsel’s table and get into the prosecutor zone, the better. There was too much commotion going on around her right now to get her head in the game.

One of the FBI agents opened the courtroom door, and Zach escorted her in. No one was allowed inside yet except for the attorneys and court staff, which instantly calmed her nerves.

Jessica went to work getting set up with her computer and files. Her paralegal was already there with the trial exhibits that she would use. Everything was in place and was proceeding just like any other case.

As people started to walk into the courtroom, her heartbeat pounded, and the calm she had been experiencing was instantly replaced with more jitters. All eyes were on her; she couldn’t afford a misstep. That wasn’t the way she’d planned to start her legal career. She didn’t want to be the rookie prosecutor who fell flat on her face.

Members of the media filed in and sat in the reserved seating. She turned and eyed the reporters, who were like vultures circling their prey. Ready to bust open a big story or tweet out breaking news from the courtroom.

Lord, please give me the strength to do this.
All she could do now was wait for the trial to begin.

* * *

Zach clenched and unclenched his fists as he assessed everyone who entered the courtroom. This wasn’t just a regular assignment for him. Jessica had been through so much. She deserved someone who would look out for her, and he was the man for the job. Zach realized that he didn’t just want to protect Jessica. He wanted to spend time with her on a personal level. He couldn’t deny that he was starting to care for her.

Since this was the most high-profile trial in the area right now, the courtroom was going to be packed. Members of the general public had lined up starting hours ago to try to get one of the limited seats. This was a large courtroom, and he tried to make sure he looked at every single person to size them up as a potential threat. He looked down at his watch. The judge should be coming in any minute.

Looking toward the back right side of the courtroom, Zach was surprised to see Luke Hernandez. Despite everything he’d said at the safe house, now here was Luke openly flaunting his support for his brother by showing up at the trial.
Unbelievable.
It made Zach sick. Luke shouldn’t be able to play both sides. He was an officer of the law and was supposed to take that responsibility seriously.

Zach refused to let the man’s presence rattle him. He had bigger concerns right now. So he took a seat in the first row behind where the lawyers sat. This gave him the best position to protect Jessica. Other agents were stationed throughout the courtroom to get a better vantage point of the entire scene in front of them. He felt good about the security presence, but he knew better than to let down his guard.

“All rise,” the bailiff said.

Zach’s attention was snapped back to the front as Judge Pamela Walker strode into the courtroom. The judge was in her mid-fifties and had a reputation for being tough on crime. But presiding over the trial of a member of the Hernandez family was another matter.

“You may be seated,” Judge Walker said.

Zach looked over at the defense table. Simon Hernandez wore a dark designer suit that had probably cost a small fortune. His attorney, Mateo Tyson, was also similarly dressed and wore an ostentatious gold watch on his left wrist that couldn’t be missed. Defending guys like Hernandez was a lucrative enterprise.

“Before we get started today, I want to set some ground rules,” Judge Walker said. She took off her glasses, and her blue eyes were serious as she looked at the courtroom. “I realize that this is a case that is garnering a lot of attention from the community and the news media. We have a packed courtroom today, and I suspect it will be this way through the duration of the trial. But I want to make myself abundantly clear at the outset. I will absolutely not have any disruptions in my courtroom. I have a zero-tolerance policy. One misstep and you will be thrown out of court and held in contempt.” She paused. “Hopefully, I have made myself clear. Counselors, are there any issues we need to take up before we start jury selection?”

Jessica stood up. “No, Your Honor. Nothing from the state.”

“Or defense,” Mateo said.

“Let’s proceed, then,” Judge Walker said.

Zach watched on closely for the next two hours as they went through the voir dire process and picked a jury. He knew that the next step was opening statements, and that’s when the real action would begin.

“Is the state ready to go?” Judge Walker asked.

“Yes, Your Honor.” Jessica stood up and started to walk to the podium.

He found himself waiting in anticipation for Jessica to speak. As he looked to the row behind him to his left, something caught his eye. A flash of metal from one of the female members of the media sitting in the front row of their designated section.

Acting purely on instinct, he yelled out, “Gun!”

He leaped over the small partition separating the counsel’s area from the public and tackled Jessica to the ground, protecting her with his own body. He looked up as he continued to shield Jessica from any threats.

One of the bailiffs started running toward the woman.

Shrieks filled the courtroom, but the FBI agents were swarming around and had the situation under control as most people were sitting confused as to what had just happened. “Are you okay?” he asked Jessica.

Her breathing was heavy as she looked up at him with wide eyes. “I think so.”

He looked back and saw that the woman was in custody, surrounded by police and FBI agents. She had her hands up in the air, and there was no gun in sight. Where was the gun? He knew he’d seen it.

“What just happened?” Jessica asked.

“She had a gun. I reacted based upon that.” He paused and started to second-guess himself. “Or I thought I saw a gun.”

“What was it, then?” she asked.

“I’m not sure. It looks like she’s talking to them now.” He really thought he had seen the weapon. He’d been certain of it. If there was no gun, then he had just made a huge mistake. One that a seasoned FBI agent wouldn’t have made. This was going to be bad.

He pulled Jessica up off the ground and looked over at Simon Hernandez, who just stood there and gave him a smile. There was no doubt in Zach’s mind that the Hernandez family would be gloating over his likely misstep.

The reporter yelled out. “I don’t have a gun. It was just my compact.” She held up her metal compact, showing it to the FBI agent right beside her and showing it off for the entire courtroom to see. A loud gasp sounded throughout the room. Just when he thought it couldn’t get any worse. Had he really mistaken that metallic-looking makeup compact for a gun? Talk about amateur hour.

The judge banged the gavel loudly. “There will be order in this court.”

Zach wanted to go hide in a corner somewhere.

The judge cleared her throat. “Given the highly unusual circumstances, we’re going to take an extended recess. We’ll resume the trial first thing in the morning so the situation here can be fully sorted out.” The judge glared directly at him, and he felt as if he were back in elementary school being scolded by a teacher.

Brodie walked over to him. “We’ve got a new safe house ready for Jessica. And once we get back there, you and I need to have a talk.”

* * *

Jessica sat at the new location in a state of shock. She’d asked for a little time alone to try to pull herself together. She couldn’t believe that Zach had mistaken a makeup compact for a gun. And while she said she needed time alone, what she was really trying to do was give him some privacy to talk to Brodie.

She was worried what the repercussions would be for him. Yeah, he’d made a mistake, but she’d much rather he be overly aggressive than too complacent. The entire experience was surreal. One minute she’d been getting ready to give the most important opening statement of her life, and the next she was being tackled to the ground.

How would the trial be impacted by all of this? Would they just go back to business as usual tomorrow? And what would happen to Zach? He’d done what he thought was best to protect her, and she was going to fight for him.

She planned on getting some answers as she walked into the kitchen and found Zach and Brodie at the table.

“Hey, guys,” she said as she took a seat.

“How are you feeling?” Brodie asked.

“I’m fine. I was a little rattled, but once all the facts came out, I realized that there was nothing to be worried about.” She eyed Zach warily. “And what’s going on here?”

“I take full responsibility for my mistake,” Zach said. “I owe you an apology.”

“Apology for what? You did what you thought was best under the circumstances.”

“I reacted quickly based on instincts, but in this case they were completely wrong.”

“What is the reporter saying?”

“That she was innocently pulling out her makeup compact from her purse,” Brodie said. He frowned and looked at her. “This doesn’t make the FBI look so good.”

The next question was even more important to her. “Where does this leave us with the trial?”

“We will go back to court tomorrow and resume where we left off—you’ll do your opening statement, and we’ll proceed from there. I’m going to have a private meeting with the judge first thing in the morning to try to smooth things over with her. The last thing I want is for her to think that I was being reckless—it was just the opposite.”

“Well, you would think that the judge would be appreciative of how alert you were.” Her heart hurt for Zach. This was going to be something he wasn’t going to just get over in a few hours. This could have a lasting impact on him.

Brodie looked at her. “Are you okay to go back in the morning and resume the trial?”