Sisters (13 page)

An excited murmur went up in the courtroom. Alex leaned over the railing and tapped Marisol on the shoulder. ‘What do you think?’ she asked.

Marisol smiled and gave her a thumbs up. ‘I think it went well.’

‘I thought so, too,’ said Alex. In a two-hour hearing, Harold Gathman, the attorney from the Justice Initiative, had presented the brief convincingly, and the new-found receipt provided a dramatic moment. Gathman’s explanation of the new timeline, which seemed to put Dory outside of the house when the crime occurred, had drawn a gasp from the assembled spectators.

The prosecutor from the district attorney’s office, which had been inundated with such cases as a result of this public defender’s ineptness, argued, somewhat dispiritedly, that Dory had entered the guilty plea voluntarily and should continue to be held accountable for the crime.

Alex glanced over at Dory, who was seated on the other side of Gathman. She had a distracted look in her eyes. Manacled and dressed in a dark-blue prison jumpsuit, she was staring ahead, seemingly lost in her own thoughts, and oblivious to all that was going on around her. Alex slid down the row of seats until she was behind Dory. She tapped her sister gently on the upper arm.

Dory started and looked around.

‘Marisol thinks it went pretty well,’ Alex said.

Dory gazed at her. ‘Does she?’

‘Yes, definitely. I think he’s going to rule in your favor. You’re going to get that new trial.’

Dory nodded. ‘Did you notice? My parents are here. Do you think I will get a chance to talk to them?’

Alex had seen Dory’s parents though she preferred not to look at them again. For one thing, they were seated across the center aisle, behind the district attorney’s table. Elaine was wearing a large, laminated, circular button on her blouse which bore a photo of Lauren Colson.

‘Yes, I noticed they were here,’ she said.

‘My mother looks good,’ Dory said.

‘I guess so,’ said Alex carefully.

‘Chris and Joy are here too,’ said Dory, nodding toward the family sitting behind her parents. ‘And Therese. They live upstairs from us. Suddenly all these people are rooting for me.’ She smiled. ‘A couple of my pet-sitting customers came. One of my high school teachers is here.’

Alex looked back at the courtroom full of strangers. Chris Ennis sat, arms folded over his chest and long legs extended beneath the seat in front of him. Therese, looking fragile, sat between her father and her mother, her posture upright, her eyes wary, as if she were a little bit intimidated by the courtroom. Joy had her arm draped protectively over the back of Therese’s chair. Alex had seen them come in quietly during Gathman’s presentation of the brief. ‘Amazing,’ she agreed. She doubted they were here in support of Dory, but Dory seemed so genuinely surprised. Alex didn’t want to spoil the moment for her.

‘Alex!’ Marisol hissed.

‘What?’ Alex asked, moving back to her seat.

‘Did you see the button Dory’s mother is wearing?’ Marisol asked indignantly. ‘What’s wrong with that woman? It’s lucky there’s no jury here to see that. It’s as if she is trying to sabotage us.’

‘I know. I saw it,’ said Alex. ‘And she’s sitting behind the prosecution table. But Dory is convinced that she came here to support her today.’

Marisol shook her head. ‘Talk about a blind spot.’

‘A lot of people showed up. That’s for sure,’ said Alex. She swept the courtroom with her gaze, and then her heart jumped as she recognized the familiar features of a dark-haired man at the back. He nodded at her.

‘Who’s that?’ Marisol asked, following her gaze. ‘He’s a hunk.’

‘Seth Paige. He’s a neighbor. Frankly, I’m surprised to see him here. I guess he’s curious about this dysfunctional family.’ But secretly, she was flattered that Seth had taken the time to come. ‘How long do you think we will have to wait?’ she whispered over the rail to Marisol.

‘Well, I can’t say for sure, but if he thought it was going to take all afternoon, he probably would have dismissed us. As it is, I think he’s going to rule pretty quickly. Let’s hope so.’

‘Right,’ said Alex. Dory glanced down in her direction, and Alex gave her a thumbs up. Dory nodded gravely.

‘Here he comes,’ Marisol whispered. ‘That was quick.’

Sure enough, the door beside the bank of flags opened and the judge strode in, glancing at no one and resuming his seat on the bench. A hush fell over the courtroom. Judge Nardone cleared his throat and looked out over the assembled spectators through his black-rimmed glasses. ‘I’m ready to rule on this case,’ he began. ‘There are times when it is in the best interests of a defendant to enter a guilty plea and avoid the risk of a jury trial. When a defendant pleads guilty, it is presumed that such plea agreement has been entered into with the sober advice of counsel, and it represents an informed decision on the part of the defendant reflecting their best interests. In this case the defendant was urged to accept a plea agreement, even though her attorney, who is now disbarred, made no attempt to represent her interests, conducted no investigation, and then assured her that he had. Defendants have a right to expect that their attorney will provide counsel. That is their right under the constitution. In this case, the defendant was deprived of that right.

‘The defendant is also entitled to a trial by a jury of her peers. If the defendant’s attorney had indeed been advocating on her behalf, he might have located this receipt, which was presented as evidence by Mr Gathman today, and used it in a jury trial to provide an alibi for his client. We will never know what the result might have been in such a trial, but it is fair to assume that, with this receipt entered into evidence, the defendant could reasonably have been found not guilty.

‘Thus, it is the decision of this court,’ he said, ‘that the defendant received ineffective assistance of counsel which influenced her decision to plead guilty. Her conviction and sentence are hereby set aside and this case is remanded to the fifth circuit court where it originated. The district attorney in that jurisdiction will have two weeks to decide whether or not to refile charges.’

Whoops and cries erupted in the courtroom, and the judge banged his gavel on the bench. Alex, who had been holding her breath, felt as if she had been struck by an electric shock. Marisol turned in her chair and they grasped hands for a moment. Then Alex looked at Dory. Her eyes were wide. She was staring at the judge as if she wasn’t sure she had heard correctly.

‘Order,’ the judge said sternly, banging the gavel again. ‘We’re not finished here. A motion for bail has been filed pending the outcome of the appeal. Mr Gathman?’

Gathman rose to his feet. ‘Thank you, Your Honor. In light of this new evidence, and the fact that it might well have led to an acquittal had there been a trial, it is our contention that the defendant should be freed on bond while she awaits the district attorney’s decision and, if necessary, her new trial.’

The judge’s face betrayed no emotion. ‘This court is inclined to agree with you. If bail is granted, where would the defendant reside?’

Dory turned and looked at her parents. She had already been informed that she was going to live with Alex if bail was granted, but her gaze was a bald plea, a last-minute appeal. If she was thinking that their position might have softened as a result of this decision in her favor, she was doomed to disappointment. Garth Colson glanced at her and looked away. Elaine stared straight ahead and did not meet her gaze.

‘Your Honor, the defendant’s sister, Alex Woods, has offered the defendant residence in her home and Ms Colson will reside there permanently – that is to say, between now and the trial, if indeed another action is brought. I have submitted to you all necessary financial and residential information.’

The judge frowned at the papers on his desk. ‘Permission for the defendant to reside with her sister at her home in Chichester is granted with the following conditions . . .’

The judge began to enumerate the conditions for Dory’s bail. She had to report to a probation officer and was not allowed to leave the jurisdiction. As he was speaking Alex looked at Dory, who tore her gaze reluctantly from her unresponsive parents. Her expression was indignant, her eyes glazed with angry tears. Alex felt a stab of pity for her.

‘Therefore,’ the judge continued, ‘within these limits outlined by the court, the defendant will be free to go on bail. Bailiff, release the prisoner.’

The khaki-uniformed bailiff came up to Dory and indicated to her that she should hold out her hands. Then he began to unlock and remove her handcuffs. He carried them back to his position by the bench as Dory rubbed her wrists gingerly.

‘I will speak to both attorneys in my chambers please,’ said the judge. ‘Good luck to you, Ms Colson. This hearing is adjourned.’

He banged the gavel, got up and, as the bailiff cried out, ‘All rise,’ left the courtroom. Dory buried her face in her hands. Harold Gathman put a consoling arm around her shoulders. ‘I’m very pleased for you,’ he said, beaming and patting her back. Marisol appeared beside them and Dory hugged her.

‘Thank you,’ she whispered. Then Dory turned to Alex. ‘Thank you,’ she said. ‘Thank you so much.’

Alex smiled at her gently. ‘You’re welcome.’

Dory turned away from Alex as Garth and Elaine approached. She pulled her shoulders back and stared at her parents, her chin trembling.

‘I’m happy for you, Dory,’ said Garth. He put his arms awkwardly around his daughter. Dory was rigid in his embrace. She disentangled herself and looked directly at her mother.

‘Are you happy for me?’ she asked.

Elaine’s expression was impassive. ‘Yes, of course,’ she said.

‘So why can’t I come home?’ Dory asked in a raw voice.

‘Why would you say you killed your sister if you didn’t?’ Elaine demanded. ‘Explain that to me.’

‘Let me come home,’ Dory insisted.

‘Honey, don’t,’ said Garth. ‘This is not the time or place. We’ll talk about this another time. Come on,’ he said to Elaine. He put a hand under her elbow and began to steer her from the courtroom.

‘She’ll come around,’ said Marisol reassuringly. Dory covered her eyes with one hand.

Harold Gathman leaned over to Alex. ‘Make sure she is at court for every proceeding related to the new trial and you’ll get the bond back,’ he advised her.

‘I will,’ said Alex. ‘What happens now?’ she asked.

‘Well, I’ll go talk to the judge and we’ll dot all the i’s and cross all the t’s. Once we’re done with the judge you’ll be free to take your sister home. Then, either the charges will be dropped, or we will prepare a proper defense for a new trial. I don’t think we’ll have too much trouble with that. I’ll throw it back to Marisol. This is her case, after all.’

‘She knows a lot about it, that’s for sure,’ said Alex.

The attorney nodded and packed up his briefcase. ‘Dory,’ he said.

Dory turned and looked at him.

‘There are going to be a lot of reporters wanting to talk to you. Do not speak to them. Just say that you’re happy. That’s it. Nothing else. Don’t say a word about a possible new trial or anything like that. Do you understand?’

‘How come?’ Dory asked.

‘This granting of bail for you could be controversial. Don’t say a word or you could find yourself back in Framingham. Understood?’

Dory nodded somberly.

‘I’ve planned a little celebration for Dory at my house,’ said Alex. ‘I hope you’ll stop by.’

‘Certainly,’ said Gathman.

Alex turned around to see if Seth was still in the courtroom. She wanted him to come to the celebration too. But he had disappeared.

Chris Ennis, Joy and Therese stood off to one side. Joy was looking at the screen of her iPhone. Therese appeared to be weeping, wiping tears away from her red face.

Alex walked over to speak to them.

‘I don’t really understand this whole thing,’ said Chris. ‘Did she do it or didn’t she?’

That’s the million-dollar question, Alex thought. ‘It was nice of you to come today,’ she said.

‘We wanted to be here for Garth and Elaine,’ said Joy. ‘And for Dory. We’re not taking sides.’

‘My dad made me come,’ said Therese, her confusion obvious in her eyes.

‘We’re going to have a little celebration at my house. You’re welcome to join us if you’d like to,’ said Alex.

‘I’ve got to get back to work,’ said Joy. ‘And Therese needs to get to school.’

‘I’ll take you both,’ said Chris. ‘But thanks for inviting us.’

‘Why are they celebrating?’ Therese cried. ‘What is there to be happy about?’

Dory, hearing Therese’s voice, turned and looked at her neighbors. ‘I thought you said you were here for me,’ she said.

‘Why would we come here for you?’ Therese said bitterly. Joy tried to restrain her, but Therese would not be quiet. ‘Lauren is dead. Doesn’t anybody care about that anymore?’

‘Therese, stop,’ Joy insisted. She reached out a hand to Dory, who spurned it. ‘She’s just upset. Don’t mind her. We’re happy for you, Dory.’

Dory stared mutely as Chris and Joy each took an arm and shepherded their weeping daughter from the courtroom.

FIFTEEN

‘T
his will be your room,’ said Alex, stepping aside so that Dory could enter the guest bedroom which she had made up for her.

Dory walked in and looked around. ‘It’s nice,’ she said carefully. ‘Not as nice as my room at home. But it’s OK . . .’

Your room at home? Alex thought. The home where you are not welcome? She forced herself not to say what she was thinking. Instead she walked over to the closet and opened the door. ‘I put a few of my things in here for you. I think we’re the same size.’

‘How did you know my size?’ Dory asked.

‘The pea coat?’

‘Oh, right,’ said Dory, coming over and running the fabric of a shirt through her fingers. ‘These are nice.’

Alex could hear the murmur of people talking downstairs. Marisol had entered the house and the spirit of the occasion, helping Alex to uncover a tray of sandwiches she had bought and set out glasses for champagne. ‘We better get back to your guests,’ she said.

‘I think I’ll change into this,’ said Dory, choosing an olive-colored knit dress from the closet.