Silent Witness (9 page)

''Did she resent you for that?''

''Lexi was practical. She married me hoping I'd have a change of heart but she knew I wouldn't. She lived with it,'' Archer said matter-of-factly.

''Than why would the district attorney think you killed Tim Wren?'' Josie pressed.

''I don't know.'' Archer threw up his hands. ''Christ, Jo. I swear, if I knew I would tell you.''

Archer's admonition was the cry of an animal suddenly wounded by a hunter he did not see, the one he failed to smell, the one he couldn't outrun. Josie saw Burt reflected in the bar mirror. His hand was on the phone. He was ready to call for help if trouble came. Josie tore her eyes away from the mirror, needing to see every flicker and tick in Archer's face when he answered her next question.

''Did you know you were under investigation?'' Josie lowered her voice, Archer followed suit.

''I would have heard something, seen something if it had been going on for any length of time. No.'' His voice skidded into a harsh whisper as the heel of his hand went to his good eye. ''Whatever went down, it was fast. If Lexi were here she could tell them I didn't do anything. If Lexi were here. . .''

''But she's not. I am.''

Josie laid out the obvious like she was fanning a deck of cards. Pick one, Archer. Her. Me. The truth. Lies. Your pride or my hurt. All of it could be compromised and that was where the skill of the game came in. Josie couldn't force Archer to be honest, she could only hope she wouldn't be blinded by her feelings for him. Archer's life before her had been held so close she didn't know it still clung to him. His secrets may have been kept out of consideration for her, a need to leave a hurtful past behind or it could have been something else. Something sinister. Archer's reticence could have been the self-serving silence of a man with something to hide.

Josie turned off the tape recorder just as Burt flipped on the television above the bar. Startled by the sound of the TV, Archer's eye went to it and then scanned the rest of the place as if he wasn't quite sure where he was. Josie collected herself. It was time to go. The day would happen but in Hermosa Beach it would have to happen without her. She gathered her things. This was just the beginning, not even the tip of the iceberg. There was a lot to do.

''I have an appointment with Jude Getts. I better hit the road if I'm going to get Brentwood before noon.''

''I don't want you to go, Jo.'' Archer stopped her.

''I have to. You'll be fine here. Stay with Burt for awhile.'' Josie directed as she palmed her keys and looked at Archer one last time. ''I'll be back as soon as I can.''

''I didn't mean it like that,'' Archer said. ''I mean, I don't want you dealing with that bloodsucker: him or Colin Wren. I'll sign over the apartment building to him. I'll pay back every cent of the bail money, but I don't want to be beholden to either of them for anything. Do you understand?''

Josie hesitated. Above her the air-conditioning had kicked in and the draft of cool air tickled her bare neck. It was as annoying as Archer trying to tell her her job.

''Don't be a fool, Archer. If Jude Getts has information that will help us, I want it. Your ego isn't going to get in the way of that. It's not good business; it's not good lawyering and if we come up with something that will help him, I'll reciprocate.''

She got up and slung her purse over her shoulder.

''When I get back I want a detailed account of what happened the day of the accident. From the minute you got up that morning to the minute you brought Lexi home. Do you understand?''

Archer's petulant silence gave Josie pause. Pushing her chair out of the way she leaned over the table. Defiant, hurt and angry, every bad thing Archer was feeling was directed at Josie as if she had brought this on him. It would take a whole lot more than that to make Josie bend but it was just enough to really tick her off.

''Do you understand me, Archer?'' Josie asked.

A muscle in Archer's jaw quivered. Finally, he nodded. Josie wasn't going to ask for more. An hour later she was walking into Jude Getts's office. She hoped Archer was at home reconstructing that fateful day. He wasn't. As a matter of fact, Jude and Archer were doing the exact same thing. They were tuned into the noon day news and Archer was the headline du jour.

CHAPTER 9

Jude Getts' office was nice. Leather furniture, smooth and soft as a baby's bottom. Plants lush and green. Carpeting thick as a southern whore's accent. Josie took a minute to miss what she'd left behind when she abandoned her high stakes private practice a few years ago when it occurred to her that not everyone with money to pay for it deserved a defense. But a minute was all she took. The price paid to get and keep a place like this was just too damn high. Ridiculous billable hours. No time to call your own. Clients who turned your stomach or broke your heart or tugged at your conscience. Colleagues who wanted everything you had and more. Lovers who faded into oblivion in the face of a trial that lasted longer than a relationship ever could. Being sought after, smart and rich made for a tough life. Only a few were cut out to make it big and it was evident that Jude Getts was one of the anointed. Josie could feel his energy before she even crossed his threshold.

''Here you are. The DA's having a field day.'' Jude greeted her as if she was just in time for cocktails. He motioned to a client chair.

''Who's that with him?'' Josie asked as she took a seat.

''That's Sharon Flaggerty, the Pacific Park spokesperson.''

''Turn it up.''

Josie wiggled her fingers at the plasma screen embedded in the wall. Jude touched a button somewhere on the desk and the sound went up. It was a wonderful toy and the exquisite color and clarity did Sharon Flaggerty's blonde good looks justice. What was coming out of her mouth was equally slick. She was a well spoken, businesslike young woman who seemed to have mastered the art of the spin and it was spiraling toward the Daily Breeze reporter.

''Of course it's been difficult for Pacific Park to remain silent and endure the charges of willful misconduct and negligence levied against us by Mr.Getts. We are a family owned, family oriented business and it hurts that some people think we participated in a cover-up. As you now know, we could not release information relevant to a civil trial while we were cooperating with the District Attorney on a criminal matter. Pacific Park was dedicated to getting justice for a young boy, even if our own reputation suffered.''

''Are you going to take any legal action against the judge who sanctioned you for withholding evidence?'' someone called.

''No, of course not.'' Sharon Flaggerty feigned shock with practiced grace. ''There's no reason to affidavit the judge for doing his job. It is now clear to Judge Benson that we would have compromised the DA's investigation by complying with Mr. Getts' request for information. The judge has rightly granted a motion to formally stay the civil case pending the outcome of this criminal action.''

''Damn!''

Jude's hand hit the arm of his chair but a glance told Josie he wasn't as much upset at the ruling as he was getting a kick out of the park's strategy.

''Shh,'' Josie admonished as the next reporter asked the question of the day.

''If you knew it was murder, why not hand over the evidence two years ago?''

''It wasn't until Mr. Getts brought the civil action that we re-examined the information we had on Tim's accident,'' she said with sincere regret. ''Seeing the evidence in hindsight made us reevaluate our initial conclusion that Tim's death was an accident. Even after that re-evaluation, we weren't sure there had been any wrong doing. That's why we relied so heavily on Mr. Cooper, the District Attorney. He followed up and it was his decision to pursue this as a criminal matter.''

There was a hue and cry as everyone asked the same questions. What tipped the balance? What made the DA sure he could get a conviction? Could she be more specific regarding the evidence against the suspect. No, Ms. Flaggerty said, but John Cooper could. Graciously, she stood down and John Cooper stepped up to the microphone. His wonderful voice, his seamless delivery, his perfect choice of words made John Cooper seem more intelligent than he was. He talked so long without saying anything that some of the reporters began to drift away. Jude Getts had the DA's number, too. He turned down the sound before John Cooper finished his first compound sentence.

''So,'' Josie turned toward Jude. ''What's she talking about? What evidence?''

''Haven't got a clue. Pacific Park fought us tooth and nail for months and now they're holding themselves out to be conscientious citizens, saints no less. Incredible.'' He swiveled toward her, simultaneously turning off the television. Jude paused then tossed the remote on the desk. ''No problem. I'll get my PR guy on it. Archer's had a long, solid career as a detective. Who can hate a guy who cared so diligently for a sick wife? Those things will go a long way in the public's perception of Archer. We'll taint the jury pool with good thoughts. By the time they're seated we'll have them eating out of our hand.''

''And I think we're not going to do anything even remotely like that,'' Josie informed him. She had expected more than smoke and mirrors. I don't exploit my clients or their victims. It's not the way I work.''

''Well it is now, Josie. It is now.''

Jude rested his head against the back of his chair. A small spotlight in the ceiling was positioned so it created a halo of light around him. The connection Josie made was laughable.

St. Jude.

Funny
.

The saint of lost causes.

That was rich.

Archer was no more a lost cause than this runway model with a law degree was a savior.

''So you've still got a little fire in the belly, do you Josie? That's good.'' Those fingers waggled and Josie wanted to rip them off. Instead she listened, taking her medicine so she could get the candy he had promised. ''But my research department is as good as my public relations guy. That kid you defended recently – what was her name?''

''Hannah Sheraton?''

''Yes, of course. Hannah Sheraton,'' Jude murmured and unclasped his hands. ''Wasn't that just a little fiasco. You actually lost that case. It was the mother's stupidity that let you save face and kept an innocent from a life sentence. You're rusty, my girl, and I don't think you want to polish up your skills on this particular matter. There's just a little too much at stake.''

''First,'' Josie said coolly, ''I'm not your girl. Second, I didn't lose that case, I quit when Hannah asked me to. When I knew the truth, I took matters into my own hand.''

''Yes, you did. But that doesn't alter the fact that you were working with limited resources that kept you from knowing the truth sooner. This time around you're going to need more than a wing and a prayer. You're going to need me.''

With one hand he pushed a manila folder her way.

''The few documents we managed to get out of Pacific Park before they started playing games do not look good for your client. There was nothing mechanically wrong with the Shock & Drop ride so blaming a technical problem for Tim's death is going to be iffy unless they're trying to bury something.''

Jude let that little bombshell explode at Josie's feet. She stared at the folder, fearful that if she looked inside she would find herself out flanked before she even got to the battlefield.

Jude gave the folder one last nudge. He never took his eyes off her as he opened it and slid documents her way in long, sensual movements. He teased her and that tease proved so seductive Josie couldn't resist the invitation. One by one Josie looked at the documents, getting a feel for the overview, ignoring the detail for now. Spread in front of Josie Baylor-Bates were engineering schematics, diagrams and reports. Jude provided the voice over.

''The three of them were strapped into the proper position. Archer was on the right, Lexi on the left, Tim in the middle.''

Jude pushed another schematic her way.

''The locking mechanism on the harness was in the middle of Tim's chest.''

And another.

''The ride went up slow. It was designed to have a hesitation of one and a half seconds before releasing and dropping the riders to the ground at twenty miles an hour. There's a slowing curve about four stories up. Tim Wren fell from his station to the ground before they hit the slowing curve. Whatever happened, it was perfectly timed. He was catapulted to the ground because of the speed. Had he fallen even two minutes later there might have been a chance for survival. ''

Josie's eyes moved in clicks, resting on each piece of paper as Jude slipped one past her line of sight and replaced it with another. She didn't want to touch them. She was already second guessing herself. Maybe Jude had been right. Hannah's acquittal had been a fluke, a mistake on the part of Hannah's mother instead of the brilliance of Josie's advocacy. Maybe Josie was rusty and Archer's defense would suffer because of it. Could she risk that? Could she live with herself if hubris kept her from following Jude Getts's advice? Not a chance. She was up to defending Archer and it was time Jude Getts knew it.

''The ride could have hit something just before that curve,'' she said. ''Something unexpected may have been on the rail: bird droppings, something airborne that nicked the steel, something that caused the mechanism to hesitate or skid.''

''You're quick. That's nice,'' Jude said smoothly. ''But the inspection reports are all in order. . .''

Jude stopped talking long enough to eye a stunning woman who came into the office as if it were her own. Her hair was chin length and as dark as her eyes. Her suit fit like a glove. Josie nodded as she served coffee, took a report from under her arm and handed it to Jude. When she left Josie's eyes followed and Jude read her mind.

''She's an associate. Top of her class at Yale. Someday she's going to be earning this firm a lot of money, and I want to say that I was the one who saw past her obvious attraction.'' Jude was smiling when he looked up from the papers at Josie. ''And, just so you know, I'd bring her coffee if she needed it.''