Promise Made (The Callahan Series) (19 page)

Rita grabbed Kate’s hand, forcing her thoughts back to the courtroom.

“Relax, Rita. You don’t want to look worried to the jury.”

“But I
am
worried,” Rita whispered. “What will happen to my babies if they put me in jail?”

“We’ve discussed this before. If the worst happens, which I’m sure it won’t, we’ll work it out.”

Rita sat back only a little pacified. Kate had fended off dozens of calls from her over the weeks leading up to the trial. Rita had cried and asked a hundred times if Kate was sure she could get her off.

Kate had done her best to calm Rita down then, and did the same now.

Kate was nervous too. Her hands were sweaty and her stomach fluttered with those butterflies. Her mouth dry, she took a couple of bottles of water out of her briefcase, gave one to Rita. How would she ever get through this?

The jurymen and women walked in and took their seats. Several smiled at her while others frowned.

She turned once more to look at Dugan. He nodded at her again. She turned back to the front. The bailiff stood to announce the judge’s entrance.

Everyone rose.

Judge Adam Greer entered. When he sat down, everyone followed suit.

He looked down at the defense table.

Kate swallowed hard.

He looked over at the prosecutor, then back at her.

“Is the defense ready?”

“We are, your honor.” Kate did her best to make her voice sound strong and confident, but didn’t know if she succeeded.

“How about the prosecution?”

“Ready, your honor.”

“Good.”

Neither side gave an opening statement.

To lay the groundwork, Dugan was called to the stand as the first officer to answer the 911 call. Then, Olin Williams from the State Police took the stand. The medical examiner and the forensics people were questioned.

Kate had no cross for any of them.

The prosecution called the insurance agent who sold the policy to the stand. For the next hour, the prosecutor did his best to convince the jury Rita had talked her husband into a large policy. The money would give her the life she wanted for her and her children and the only way to get the money was to kill him.

Kate eyed the jurors. They were interested; a few took notes.

How many believed the picture he was trying to paint?

It was up to Kate to make sure they didn’t.

On cross-examination, Kate asked one question. “At the time the policy was taken out, did you have doubts of any kind that Tobias Johnson was in any way coerced or forced to take out the hundred-thousand-dollar policy?”

“No. I did not.”

She walked toward her seat, changed her mind and turned back. “Was the victim sober?”

“As far as I could tell.”

“That’s all, your honor.” She took her seat.

The prosecution questioned several witnesses who claimed Tobias was drunk so much of the time he couldn’t know what he was doing.

Kate didn’t know if the jury was buying it or not. Their faces were expressionless.

The prosecution rested and they broke for lunch. Rita grabbed Kate’s hand again. “Are we all right? I can’t tell.”

“Too early to tell. But it’s our turn now. I’ll call you up after lunch. Do you remember what we talked about? All you have to do is tell the truth. If you do, you’ll be fine.”

Rita nodded. “I’m so scared. I hope I can make the jury believe me.”

“Just tell the truth.”

“I will.”

“Would you like me to order you a sandwich?”

“No. I’m too nervous.”

“Then let’s find a room so we can talk about your testimony.”

“Okay.”

They searched for a vacant room, found one at the head of the stairs.

The bailiff caught up with her before she walked in. “Molly sent lunch.” He handed it to her. “Plus one for your client.”

“I’ll thank her later,” Kate said, as she balanced the bags along with her briefcase and walked into the small room.

As appetizing as lunch smelled, Kate couldn’t take a bite. Rita tried, but didn’t succeed. So they spent the next hour going over her testimony.

Five minutes before the trial was to resume, Rita followed Kate back into the courtroom. Dugan wasn’t in his seat. Where did he go?

For a moment, she put her hand on her stomach, willed the butterflies beating against her insides away. Then called her first witness, Doctor Pullman.

He testified to Rita’s black eyes and bruises the day of the murder. Blown up pictures of her battered face were shown to the jurors. Jurors and spectators alike gasped at the punishment Rita had endured at the hands of her husband.

By mid-afternoon, Kate had called all of the witnesses, including Pastor Jones and Rita’s best friend, Halley Wright. She called the owner of the bar where Tobias hung out, the liquor storeowner where he bought his booze. She asked if Tobias had ever bragged that he beat his wife. Both said he did.

There was only one witness left. She looked at the clock. It was getting late.

“I call Rita Johnson to the stand.”

Rita’s hands trembled as she swore to tell the truth, the whole truth, and nothing but the truth.

Kate took a deep breath and dove in.

For the next hour she grilled her own witness. By the time she was finished, Rita was in tears, but Kate was satisfied. The jury had heard exactly what she wanted them to hear.

“Cross.” The judge looked at the prosecutor.

“It’s late, your honor, can we do the cross tomorrow?” the prosecutor asked.

Kate held her breath. She wanted to finish this part today, not let the jury go home to wonder what the prosecutor would ask or what Rita’s answers would be.

“You shouldn’t be long. Let’s get this over with.”

Kate let out a relieved breath.

The prosecutor tried his best to make Rita recant even a small portion of her testimony. But Rita stuck to her story and never wavered. After fifteen minutes he gave up and took his seat.

“Any more witnesses?”

“None, your honor,” Kate answered. “The defense rests.”

On her way to her seat, she looked toward the door, unconsciously looking for Dugan.

More than likely he was angry with her. She had turned down every invitation since the steak dinner. He’d suggested a picnic, dinner in San Antonio, dinner with his family. She couldn’t do this anymore. No matter how wonderful he made her feel, she couldn’t keep this up. Both of them wanted more. She couldn’t give more.

There he was. He was leaning against the back wall of the courtroom

Seeing him brought a smile to her face and regret to her heart.

Why couldn’t she be normal?

She took her seat next to Rita. “One more day, Rita. You could be a free woman this time tomorrow.” She didn’t tell her client that the decision
could
go the other way. Rita was well aware of that fact.

The judge gave the jury instructions and Rita was led back to her cell.

The judge left, as did the bailiff. The jury filed out.

Everyone else stayed in their seats.

Did they come for the trial or to see how Dugan and I react around each other?

She was afraid it was the latter. She crammed papers into her briefcase, stood to leave.

Dugan was there, looming over her with a half-smile on his face. “You look gorgeous.”

“Thanks.” He was so close it made her nerve endings tingle.

“You’ve been avoiding me, Kate.”

She waved her arm around the courtroom. “I
have
been busy, Dugan.”

“Yes, you have.”

“How do you think the trial is going?” His brows formed into a frown. “I need to hear the truth.”

“Okay. Here goes. I still think Rita is guilty even though it looks as if the jury believed her testimony. However, when the prosecution gives his closing argument they could go the other way. A hundred thousand dollars is a lot of money for someone in Rita’s circumstances. It would be a big incentive for murder.”

“So you think it will boil down to final arguments.”

“That’s how it looks.”

“Thanks, Dugan. I needed to hear the truth. I’m too involved to see the whole picture.” She gave him a smile. “But Rita isn’t guilty.”

His mouth tightened.

Every eye in the courtroom tracked them. “We need to get out of here. Too many prying eyes,” Kate said.

“I’ll walk you out.”

“Why not? Take my arm while you’re at it. By tomorrow, who’s to know what the gossips will make of it.”

“My pleasure,” he said with a smile.

Kate wished she’d kept her mouth shut. One touch and she was ready to fall into bed again.

Chapter Seventeen

She’d made up her mind last night. She was going to stay here in Oaktree and practice law. Though she and Dugan were lovers now, she knew it had to stop. But every time she looked at him desire was a steady throb of yearning. She’d have to get used to it, or get over it.

She awakened with renewed energy. With her decision made, her thoughts centered on her closing argument. Her biggest consolation was that the burden of proof rested with the prosecution. Her duty was to convince the jury there was too much reasonable doubt to return a guilty verdict. She prayed that with Rita’s testimony yesterday, and her closing today, the jury couldn’t help but send back a verdict of not guilty.

She told herself that over and over when she spent thirty minutes doing push-ups to brace herself for court.

Kate slid into her chair at one minute before nine; noted Dugan wasn’t in his usual seat.

Her heartbeat kicked up. It seemed to do that on a regular basis anymore.

Rita held out her hand. Kate clasped it tight. “We’re fine.” She hoped she was right.

Judge Greer walked in and all too soon called the prosecutor to give his closing.

Kate shut her eyes, listened to every word. She had to catch every innuendo and rebuff it.

She had to admit he was convincing.

Then it was her turn. She took a deep breath, squared her shoulders and marched over to stand before the jurors. They looked at her with solemn expressions.

“Good morning.”

They answered in kind.

“First, I want to thank all of you for your time and the attention you’ve given to this trial. It isn’t easy sitting where you are.” Several jurors nodded in agreement. “I want you to remember a few things. You’re not here to solve a mystery. You’re here to determine if the State has enough believable evidence to put Rita Johnson behind bars for years.

“Remember too, this case involves some emotionally charged issues; spousal abuse and alcohol abuse, to name two. Can you disregard them? No, you cannot. Can you forget about them? I doubt it. This case involves matters that touch many of us deeply. Perhaps you have seen physical abuse in your own family. Perhaps alcohol abuse as well.

A few nodded in agreement.

“Rita Johnson tolerated both for fifteen years.” Pause. “Fifteen years is a long time.”

Kate continued to reiterate every point of Rita’s story.

“Ladies and gentlemen of the jury, I want you to look very hard at Rita Johnson. If Rita hadn’t defended herself, you would be trying her husband for murder today instead of her.

“Rita Johnson would be in her grave. Her children would be placed in foster care.” She paused a minute, looked each juror in the eye.

“There are only two verdicts here, guilty or not guilty. I know you. And I know you’ll do the right thing.”

She sat down, grabbed Rita’s cold hand in hers. “It’s up to them now,” she whispered.

As she held her stomach to keep the butterflies from escaping, the judge gave the jury their instructions and left the bench.

“Hang in there, Rita. It won’t be long now.”

Jonathan took Rita back to her cell.

“Thank you, Kate,” she’d said before she left, hopefully for the last time. Kate stared out the window, at the rain beginning to smear the windowpanes. Would Rita thank her if the jury returned a guilty verdict? Would Kate lose her first case in Oaktree?

“Walk you out?” Dugan asked when she finally stood to leave the courtroom.

“I thought you’d left.”

“Business. I got back as soon as I could. I didn’t want to miss your closing. You were magnificent.”

“You think?”

“You’re good, Kate. I didn’t realize how suited you were to your profession.”

Or how suited she was to work in a high-powered law firm. Kate Maroney belonged in a big city where her skills could be utilized to the fullest.

That wouldn’t happen in Oaktree. The thought didn’t sit well with Dugan. Not when he wanted her here.

They stood under the overhang in front of the courthouse as rain splattered on the sidewalk.

“I think it’s raining too hard to leave,” Dugan said.

“So do I. Let’s go back inside.”

Just as they turned to go in, Ed’s pickup pulled to the curb. Rolling the passenger side window down, he called to them. “Grace sent you a bite to eat, said Kate didn’t need to get her pretty suit wet.”

Dugan jogged the few steps to the truck, hurried back, wiping water from his face. “Thanks,” he yelled as Ed waved and left.

Kate led the way to the small room upstairs. “I used this room yesterday. I’m sure it will be all right.”

He put the bag on the table, opened it.

“Isn’t this just like Gram?”

Dugan unloaded a couple of sandwiches and chips, two large Styrofoam cups filled with sweet tea, and two large slices of coconut pie. “Your favorite. Right?”

She nodded. “How long do you think they’ll be?”

Dugan shrugged. “Anywhere from thirty minutes to days.”

“My nerves won’t make it.”

“Eat, Kate. You’ll be glad you did.”

She shoved her food aside. “I can’t. My stomach is in knots.”

“Pie?”

She lifted a fork, took a bite. “Gram makes the best pie in the world.”

Dugan chuckled. “Second only to my mom’s.”

Their eyes locked.

“We’re lucky to have them,” she said. Her voice so soft he had to lean closer to hear.

“Yes, we are.”

She was so beautiful he found it impossible to eat. He didn’t think she could look any better than she had yesterday. He was wrong. Watching her in her cool blue suit with a white blouse, high heels, and her hair swept back, he was more than aware of how she’d matured in the last five years and how good those years set on her.