The Advocate - 02 - The Advocate's Betrayal (4 page)

Bob stood up to speak. “Sit down, Mr. Clark. I know what your client wants, but he’s not getting it. There’ll be no visitation today. We’ll talk about it tomorrow. I’m sure you can explain the reasons behind my decision to Mr. Kemp.” She closed her file. “The detention hearing is trailed until tomorrow morning at eight-thirty.” The judge stood up and walked out of the courtroom before any more objections could be made. Just before she reached the door, she turned. “Mr. Clark, I think you need to have a long talk with your client about courtroom protocol.”

“I will, Your Honor.”

Bob walked out of the courtroom and sat down to speak with his client. Sabre went outside to wait for Bob. It was his turn to pick the lunch venue, the choices limited since Bob would only eat at a few places.

As Bob walked out of the courthouse he reached inside his jacket pocket, but came up empty. “Looking for a death stick?” Sabre asked.

“Yeah, I guess so. I haven’t smoked since I made that promise to you six months ago, but I still keep reaching for my cigarettes. It hasn’t been easy.”

“I know, but just think how much longer you’ll be around to taunt me. So, where are we eating?”

“Want to Pho-nicate?”

“Sure, Pho’s it is. You can drive.”

They drove to Pho Pasteur, the Vietnamese Restaurant they had discovered when they started practicing at juvenile court. A favorite lunch spot, they frequented Pho’s about three times a week. They walked into the restaurant, past a cluttered counter and a huge fish tank, and into the main dining area. Pictures of menu items decorated the walls with the item name in Vietnamese. The simple, square tables with pink, polyester tablecloths sat all along the walls. In the middle of the room two large, round tables filled the remaining space. A plastic flower in a glass vase adorned each table, dwarfed by a huge bottle of red hot sauce.

“Nice client, your Mr. Kemp,” Sabre teased.

“Yeah, he’s a real peach. Did you read the report?”

“Some of it. What a mess.”

“Yeah, this is going to be interesting with Hekman on the bench.”

“My client already hates her,” Bob sniggered. “So, how are things with you and Luke?”

“They’re good. We just had our two-month anniversary. That’s a record for me lately. Mostly I’m done after the first date, but he’s different. He’s good to me. Luke’s a lot of fun, and he’s a pretty smart cookie. And best of all, he’s not clingy. I can do my own thing and he doesn’t seem to mind, so I don’t have to be with him every minute. You know how I hate to feel caged.”

“He seems like a good enough guy, except for the Republican part.”

“Hey, I didn’t say he was perfect.”

“He just better be good to you, or I’ll have to kick his ass.”

Sabre chuckled at Bob’s brotherly concern and at the thought of Bob “kicking his ass.” That was unlikely. Bob didn’t look like a fighter. He wasn’t overweight, but he wasn’t toned, either. Luke, in contrast, worked out every day and had a six pack that would put most athletes to shame.

“Well, there he is now.” Sabre smiled as she answered her cell. “Hi, Luke. What’s up?” Sabre listened for a moment and then said, “Oh no, I’ll be right there. Just tell her not to talk.” Sabre stood up as she hung up the phone.

“What is it?” Bob asked.

“The police are there…about Betty.”

“Let’s go.” Bob jumped up, put his arm around Sabre’s waist and escorted her out to the car.   

By the time Bob and Sabre arrived, Betty was about to be handcuffed.

“Sabre, help me,” Betty yelled.

Sabre approached the officer. “I’m this woman’s attorney. What’s going on?”

“She’s under arrest for the murder of John Smith.”

“I didn’t kill John. I didn’t kill him,” Betty cried, jerking away from the officer and stepping toward Sabre. “Sabre, tell him I didn’t kill John.”

The policeman yanked her back, slapped the handcuffs on her, and pulled her toward the police car.

“Betty, listen to me. You need to calm down,” Sabre said, moving as close to Betty as she felt legally comfortable.

“But I didn’t do anything,” Betty said, her voice a little quieter.

“I know. I’ll get this sorted out.”

The policeman helped Betty into the police car.

“Betty, don’t say anything to anyone. I’ll be right there to speak with you. Just tell them you want your attorney.”

The policeman closed the door. Betty nodded at Sabre without looking up as they drove off.

4

Bob returned to court and Luke sped to the police station with Sabre. She wanted to see Betty before they booked her. When they arrived Luke took hold of Sabre’s hand and squeezed it, letting go as they entered the building.

“Thanks for coming with me,” Sabre said.

“I wouldn’t be anywhere else,” Luke said, kissing her lightly on the forehead. “I’ll wait out here until you’re finished. I have my computer in the car. If it takes too long, I’ll do some work.” He walked over and sat on a wooden bench in the lobby.

Sabre walked up to the desk, showed her bar card and identification, and asked to see Betty Smith. She took deep breaths, trying to calm herself, but she was still shaking when the officer opened the door and took her to the back room. She met Detective Nelson just as he brought Betty in. Betty stood between two officers, with her hands cuffed behind her back.  Her raccoon eyes from the smeared, black mascara were red and puffy, and her hair was disheveled.

“I’m sorry, Sabre. I know she’s your friend,” Nelson said.

“May I please see her alone?” Sabre sighed.

“Come in here. I’ll give you a few minutes.”

“Thanks.” Sabre took a deep breath and stood up straight. She had to be brave.

Nelson brought Betty into an office and removed her handcuffs. “You only have a minute. You may see her again this afternoon after she’s booked.”

“I appreciate it, Greg.” The detective left the room and Sabre spoke to Betty. “Are you okay?”

“Just scared. What will they do with me?”

“They’re going to put you in lockup, and in a few days they’ll have an arraignment and bail hearing. I’ll be there for you.”

“I don’t have any money for a lawyer or for bail.”

“I’m going to help you, Betty.”

“No, I can’t expect you to. You’ve done so much already. They’ll appoint me a public defender, won’t they?”

“They will, but don’t worry. I’m going to help you through this.” Sabre put her hand onto Betty’s shoulder.

“I didn’t do it.” She spoke softly but with conviction.

“I know,” Sabre said, confident her friend spoke the truth. “I’m so sorry.”

Betty turned and saw her reflection in the window. “God, I look just awful. Look at my face, and my hair.”

Sabre reached up and pulled out some of the spikes on Betty’s hair, filling the gaps that had formed. She took a Kleenex from the desk and wiped away the smeared mascara. “There, all fixed.”

“Thanks.” Betty’s voice cracked.

Nelson opened the door. “Got to go, Sabre.”

“Okay.” She turned to Betty. “I’ll be back here right after my trial this afternoon. You don’t tell them anything, just name and address and basic information, nothing about the incident.”

Betty’s brow wrinkled and her eyes opened wide. “Right,” she said as she walked out with Detective Nelson.

Sabre left Nelson’s office and walked past an officer questioning a suspect dressed in dirty, ragged clothes. The man reeked of urine and body odor, the smell so strong it caught her breath. Trying not to breathe, she continued to the lobby of the precinct wondering how she could help Betty.
And what was I thinking, calling John’s death “the incident?” How insensitive can I be?
she thought. The law reduced his death to something impersonal, and she embraced the system that carried it out.

Sabre had been through this procedure many times with juvenile clients, but never with a friend. She knew she had to keep focused and maintain a professional distance, but it wasn’t easy. She gave a half smile when she saw Luke waiting for her in the lobby.

“You okay, babe?” he asked.

“Yeah, I guess. This is just hard. She looks so depressed and I feel so helpless.”

Luke put his arm around her shoulder. “You are helping her. You’re helping her a lot. How many people have a good friend with them through a process like this? She has someone by her side she can trust. That’s invaluable.”

“I know. It just doesn’t seem like enough.”

“Sabre, I need to tell you something,” Luke said dropping his arm from around her and turning to face her. “I’m afraid I may have screwed up.”

“Why? What did you do?”

“When Detective Nelson asked me if I could vouch for all of Betty’s time at Viejas Casino the night of the murder, I told him I couldn’t. I told him I was playing blackjack and she went with you to play bingo.”

“Well, that’s the truth. That’s all you can do.”

“He asked me if you were with Betty the whole time, and I told him I didn’t know for sure because I wasn’t with you.”

Sabre threw her hands in the air, waving them back and forth.

“What does he think? Does he think she killed John and then went out to gamble with her friends?” Sabre paused. “Or does he think Betty left the casino and drove home, killed him, and then came back and played the slot machines?”

“I don’t know, but I didn’t know what to say. I hope I didn’t cause problems for Betty. I wouldn’t want to do anything to make her life worse right now.”

Sabre’s voice calmed. “No, you did fine. I’m not going to lie about what happened, and I certainly don’t expect you to, either. I just think it’s absurd they think she planned this whole thing.” She hit her file folder against the chair, her voice raised. “Damn it. Premeditated murder? She’s not capable of that.” Sabre looked around and saw all the eyes in the room on her.

Luke put his arm around her and led her out of the building. Sabre took a breath and her voice leveled. “I’m just going to have to work even harder to pinpoint the time. And then I’ll have to convince the jury she didn’t have time to kill him while she was with us.”

They walked across the blacktop of the parking lot, weaving in and out of cars with Luke’s arm still around her shoulder. By the time they reached the car Sabre was crying. Luke pulled her head against his chest and they stood there, not speaking, for several minutes. When Sabre stopped sobbing he opened her door, but before he let her in, he drew her close to him and gave her a short but tender kiss on the lips.

As they drove off Sabre realized how happy she was to have Luke in her life. Things were going so much better for her in so many ways. She wished Betty were as lucky.

Sabre composed herself and called Bob to let him know she was on her way back. She didn’t have time for lunch, but at least she wouldn’t be late for court. He was waiting inside for her when Luke dropped her off at the courthouse.

“How’d it go?” he asked.

“She’s really scared. It’s awful. First, she loses her husband and now she’s charged with his murder. And I don’t know if I can help her.”

“We’ll do what we have to do,” Bob assured her.

Sabre pushed her hair back, sliding her hand down the back of her head. “Do you think I should handle the case?”

“Would you rather she was represented by a public defender?”

“There are some really good lawyers in that department. We’ve worked with some of them, and they do this every day. Maybe she’d be better off with one of them.”

“Yeah, but there are some bad ones, too, and you don’t know who she’ll draw. It’s not high profile, so she isn’t going to get the cream, maybe even some rookie.”

“You mean like me?” Sabre said, tilting her head to the side and rolling her eyes

“You’re no rookie, my Queen.” Bob hugged her. “You’re the best of the best. You’ve handled plenty of criminal cases.  You’ve handled plenty of felonies for delinquents, and several of them were sent downtown to be tried as adults. And you just finished a manslaughter case with that kid.”

“Yeah, that turned out well.”

“He was guilty. You can’t change that.”

“I know in this element I’m good at what I do, but I’d be playing with the big boys downtown on a murder case. A murder. I’ve never handled a murder, and my friend’s life is at stake.”

“Well, if you’re asking me if you’re up to the task, I’d have to say ‘yes,’ and no one is going to put the effort into it that you would.”

Sabre turned to him with a sheepish smile and asked what she had been thinking for some time. “Would you second chair with me? I know together we could do it.”

“You know I will.”

“It’s pro bono, you know.”

“I wouldn’t expect anything else.”

“Thanks, honey.” Sabre grinned. “I’ll go meet with her this afternoon. I’ll get the police report and get you up to speed on the hearing dates and all. The hard part is going to be getting our cases covered in juvey when we’re both gone.”

“We’ll manage.” Bob put his arm around Sabre’s shoulder. “We better go finish our trial.” They walked into the courtroom, arms still around each other.

Fortunately for Sabre, she didn’t have an active role in her afternoon trial. Her client lived out of state, he supported the recommendations of the Department of Social Services, and he had little interest in the outcome of the case other than the negative effect it would have on his ex-spouse, for which he seemed to be gleaning a perverse kind of pleasure. Sabre’s mind focused more on Betty and John than the case before her. Because she had handled this type of case so many times before, she could do this without any conscious thought. She responded when needed to, objected when warranted, and concurred with County Counsel’s argument at the end.

She left court and went to see Betty at the substation, since they hadn’t transported her to Las Colinas Detention Facility yet. Betty wasn’t available to interview when Sabre arrived, so she took a seat in the lobby, removed a file from her bag, and read through the Kemp report while she waited. The words made her physically ill.

Three-year-old Kurt K. Kemp lifted the gun and pointed it at the picture of the black man taped to the wall. Mr. Kurtis K. Kemp prompted him, “What do you do now, Kurt?”