The Girl From Home (32 page)

“I've given Mark a very superficial understanding of what's going on,” Alex says, “in part because I don't fully understand it myself. So I thought it would be the best use of our time today, Jackie, if you meet with Mark in the conference room, while I chat with Jonathan in my office.”

Jackie looks at Jonathan with concern. She apparently doesn't want them to be separated, even if it is only to meet their respective lawyers.

“It'll be okay,” Jonathan says.

“Okay,” Jackie says, sounding less sure.

*  *  *

Once they're in Alex's office, Jonathan says, “So, your buddy, is he any good?”

“He is. Good enough that I can guarantee you that his advice to Jackie is going to be that she should turn on you.”

Jonathan at first thinks Alex is kidding, but he hasn't cracked a smile. “I told you, I didn't have anything to do with Rick's death.”

“I know,” Alex says, which sounds more like
I hear you
than
I believe you
. “But that doesn't mean that she's not going to
say
that you killed him. I hate to break the fantasy, but the truth doesn't always set you free in the American legal system, and love doesn't always conquer all anywhere.”

“She's not going to say that I killed Rick,” Jonathan says.

“Are you willing to bet your life on it? Because this is really one of the few times when the question is actually meant literally. If she turns on you, your life is over. And I got to tell you, I've seen couples who were married thirty years, couples with six children together, turn on each other to avoid prison. So, are you sure—and I mean really sure, bet-your-life-on-it sure—that Jackie isn't going to turn on you to save herself?”

The truth is no, he's not. How could anyone be sure what someone else is willing to do to save herself?

“I don't know,” Jonathan says, fully knowing that it means she might.

“In that case, I need you to listen to me, Jonathan. Keep an open mind, and hear what I have to say. Will you do that?”

Jonathan knows what's coming. “Yeah.”

“Just like I told you that Mark's a good enough lawyer to advise Jackie to turn on you, I'm that good a lawyer, too. And my very strong advice is for you to turn on her. Empower me to seek a deal where you get immunity in exchange for testifying that she admitted to killing Rick. I may even be able to get the immunity deal to cover the securities fraud, too. A complete get-out-of-jail-free card for you. The one caveat is that you have to do it ASAP—before she tells them that you confessed to her.”

As with his fears about whether Jackie would turn on him, Jonathan has also considered this counter-option—saving himself by giving her up. At least he'd be telling the truth. He hadn't even considered that he could get out from under the securities fraud charges, too. If the specter of a criminal indictment went away, he could start his life over. Maybe stay in banking, even.

Nevertheless, he shakes his head as if it's not even a consideration.

“No, I'm not going to do that.”

Jonathan wonders whether Alex believes him. He's sure that many people declare that they're never going to turn, and then they do, when all other options evaporate.

“No judgments, Jonathan. You know me better than that. But this is a serious fucking thing here. Not to say that a potential securities fraud conviction isn't, but you have an excellent shot of beating that one, or at the very least pleading it down to a sentence that's doable. Three years, maybe. Short enough that you'll still have a full life afterward. But this . . . this is a full-on murder charge we're talking about. Worse than that, actually. It's a murder-for-hire. That makes it potentially federal, which brings the death penalty into play. And like I said, the clock is ticking. If she makes the deal first, it's all over for you.”

*  *  *

Jackie's first impression of Mark Gershien is that he seems too happy to be there for her liking. She suspects that defending an attractive woman in a murder trial brings out the hero complex in a male lawyer, and so she decides to give him the benefit of the doubt for a little while longer.

“I've had lots of introductions under these circumstances, and I know how hard it can be,” Mark says after he and Jackie enter the conference room. “For what it's worth, you're holding up pretty well. At least from what I can discern.”

She's tempted to correct him. She's not holding up well. She's about to jump out of her skin. He has no idea how hard it can be thinking about spending the rest of your life locked in a cage. But she doesn't see the point of telling him that what she's experiencing is well outside his comprehension. If Mark Gershien likes to pretend that he knows something about what she's going through, so be it.

So she says, “Thanks.”

“I thought we'd start off with a reading from the Gospel of Criminal Defense according to Mark L. Gershien.”

Jackie smiles. She knows that he's trying, so she might as well throw him a bone.

“I can't wait to hear it.”

“Good. I'll let you in on a little secret. The best criminal defense lawyers do not win at trial. Winning at trial costs a lot of money and a lot of sleepless nights. Not to mention that the odds of acquittal are very long. The prosecution wins . . . I don't know, ninety percent of the time. That's why the very best lawyers win
before
trial.”

Jackie bites. “So, how do I win before trial?”

“By cooperating against Jonathan,” Mark says matter-of-factly, staring intently at her.

Jackie immediately looks away. She wonders whether her lawyer will think the worst of her if she turns on Jonathan, or whether that judgment will only apply if she doesn't.

“Jackie . . . listen to me. If Jonathan is responsible for the crime . . . or even if the two of you did it together, I can go to the DA and see what type of deal I can get for you. They're going to demand jail time if you were in on it, but I may be able to get them down to something that is livable. Not easy, mind you, but survivable. Maybe ten years. I think you already know this, but I gotta say it anyway. If you lose at trial, the best case is life without the possibility of parole.”

“They said that I could face the death penalty. Is that right?”

Mark cocks his head to the side. “It probably won't be a capital case. Most of the time, spousal homicides, even when they're murders-for-hire, are charged as state crimes, and New Jersey abolished the death penalty about five, ten years ago. But, yes, to answer your question, they could charge it as a federal murder-for-hire and ask for the death penalty.”

Jackie feels as if she's going to pass out. That, or throw up.

“When will we know?”

“Unfortunately not until—and if—you're arrested. If FBI agents do it, it's federal. If it's East Carlisle cops, it's state. Even if it goes federal, they may not charge it as a capital offense. There are a lot of factors that go into it and the decision to seek the death penalty ultimately needs to be approved by the US Attorney General.”

Jackie doesn't find this comforting. In fact, she's lost in the despair that a cabinet-level official will actually be tasked with deciding whether she's put to death.

“Which brings me back to the initial point,” Mark says. “The best way for you to protect yourself is to seek a deal in exchange for testimony against Jonathan. Is that something you're willing to do?”

“No,” Jackie says flatly, as if that's all the response the question required.

“Can I ask you why not?”

“Because Jonathan had nothing to do with killing Rick.”

“How can you be so sure?”

“Because I hired that guy to kill Rick.”

There, she said it. Told her lawyer the God's honest truth. She wonders how many people admit they're murderers to their lawyers, especially during the initial meeting. Does Mark Gershien respect her candor? Or is he repulsed by the sight of her?

“Okay,” Mark says after a long pause. “I'm not going to lie to you, that limits our options. Does Jonathan know it was you?”

“Yes.”

Jackie's admission is met with a scowl. It's as if her lawyer is more troubled that she confided in Jonathan than that she's a murderer.

“How much does he know?”

“Everything.”

“What about details? Does he know . . . how you made the payments or communicated with the hit man?”

“Yes. I told him everything.”

Mark's concern is now undeniable. He's holding his hand over his mouth, as if he's physically trying to hold in his response.

“I hate to say this, Jackie, but Jonathan is far and away the greatest danger to you. All he needs to do is tell the police you confessed to him, and then corroborate that confession with some of the particulars of the crime, and they're going to give him immunity in exchange for his testifying against you.”

“He's not going to do that,” Jackie says.

As the words come out, Jackie hears how silly she sounds. The cold reality is that she's known Jonathan for all of a month. She can't believe it's been that short, but the calendar doesn't lie. And if she considers Jonathan with even a modicum of objectivity, she knows he's a man who possesses a finely honed self-preservation instinct.

W
hen they leave the lawyers, Jackie suggests they take advantage of being away from East Carlisle and try to enjoy a nice dinner. Jonathan's experience over the last few hours has eliminated his appetite, but Jackie insists (making it clear that she's picking up the check), and Jonathan ultimately suggests a French restaurant in Tribeca that's about a ten-minute walk.

Jonathan is initially concerned that they won't be seated without a reservation, but the model-beautiful hostess tells them to follow her, and they are placed at a table in the front of the house. The space has been renovated since the last time Jonathan dined here, and now the room has an open floor plan, with murals of romantic images on the walls. Flowers are everywhere, and the waitstaff move around as if they're on roller skates.

“So . . . what did Alex say to you?” Jackie asks once they each have a glass of white wine.

“Nothing I didn't already know,” Jonathan answers. “This is a serious charge. The police are going to be able to prove our affair. That type of thing. Why, what did your mouthpiece say?”

Without missing a beat she says, “He told me to make a deal and save myself by telling the police you killed Rick.” Then she offers him that classic Jackie smile.

Jonathan's been caught in a lie of omission. Jackie must know that Alex made the same appeal as her lawyer: save yourself by cooperating. The only difference is that Jackie admitted it, and Jonathan hasn't.

“I hope you didn't agree to that,” Jonathan says, trying to match her smile, but certain that he's fallen far short.

“I told him that I'd think about it. And then I asked some questions about whether they'd allow us conjugal visits. You know, once you're in jail, after I turn on you.”

Jackie laughs. “Jesus, Jonathan, you look like you're afraid that I'd actually do that. But no such luck, I'm with you until the very end.”

How much does Jonathan want to believe it's true? That he and Jackie are in this together.

“Jonathan?”

Jonathan is momentarily startled by the sound of his name, which has come from behind him. He turns around to see Natasha.

As always, she looks stunning. She's wearing a low-cut black dress and a diamond necklace that Jonathan knows he didn't give her. But that's not the accessory that's caught his eye. It's the man holding her hand: Harrison Kaye. Apparently, their former Hamptons real estate broker isn't gay after all.

Now it makes sense how Natasha's been able to stay in the co-op without any income with which to pay the mortgage and maintenance.

“Natasha,” Jonathan says, her name coming out like a question. He stands and kisses her on the cheek. “Um, this is Jacqueline Williams. We went to high school together.”

He watches Natasha's eyes go up and down Jackie's body. Jackie offers her hand, and Natasha appears reluctant to shake it, as if Jackie's about to pass on some contagious disease—being in love with Jonathan Caine—and having rid herself of that malady, Natasha wants nothing to do with it ever again.

Natasha finally takes Jackie's hand, and when she does, she immediately turns back to Jonathan and says, “You remember Harrison Kaye, don't you?”

Harrison has no similar hesitation about shaking hands. “Nice to see you again, Jonathan,” he says.

Harrison's grip tightens around Jonathan's hand, but Jonathan has no interest in a dick-measuring contest. He couldn't care less who shares Natasha's bed these days.

“How have you been, Jonathan?” Natasha asks, her eyes still on Jackie.

He considers how to reply. Certainly not with the truth.
Remember when I was most worried about being homeless and convicted for securities fraud? Well, things have gotten a lot hairier since then.

“Up and down, I guess is the honest answer,” he says. “My father died a week or so ago.”

He had thought about calling Natasha after the funeral, but decided against it. With each passing day, his life with Natasha seemed like it had happened to someone else, and he had no desire to revisit it.

“I'm sorry,” she says.

It sounds as perfunctory as the condolences made by the people at Lakeview, who barely knew his father. Natasha was his daughter-in-law for three years, for chrissakes. Natasha, too, has seemingly left her old life behind without regret.

“Thank you. And how have you been?” he asks, solely to be polite.

“Very well,” Natasha says in a businesslike tone. “Harrison's now working the New York City market as well as the Hamptons, so I'm splitting my time between both.”