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Authors: Robert Whitlow

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BOOK: Tides of Truth [03] Greater Love
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“Sitting in the back. She’s here to observe. If she posts Jessie’s bond, it will be done after the hearing.”

A side door opened and two deputies escorted in a line of male prisoners wearing handcuffs and leg irons. Then a female deputy brought in three women who were not shackled. Jessie looked small and young between the more-mature women. I realized it might be harder for Mrs. Fairmont to talk to Jessie than I’d thought. I walked past the bar and approached the deputy, a woman I recognized from the jail.

“May I talk with my client for a minute or two before the judge arrives?” I asked, motioning to Jessie.

“Okay.”

Jessie looked nervous.

“Over here,” I said, guiding her away from the other prisoners and toward Mrs. Fairmont.

Jessie licked her lips and followed. We stayed close to the wall. A low wooden bar separated us from the front row.

“Jessie, this is Mrs. Fairmont, the lady I was telling you about. She owns the house where I live.”

Mrs. Fairmont stood and held out a bejeweled hand. Jessie glanced down at the diamond rings on the elderly woman’s fingers and her eyes widened. She gave Mrs. Fairmont’s hand a short jerk.

“Would you like to come home and stay with Tami and me?” Mrs. Fairmont asked.

“Yes.” Jessie nodded, her eyes still wide.

“I have a dog named Flip. He’s a Chihuahua.”

“I love dogs,” Jessie answered. “They like me, too.”

“Will you be able to help me around the house?”

“I can wash dishes, mop the kitchen floor, make the beds, hang clothes on the line.”

“Mrs. Fairmont has a clothes dryer,” I said.

“I ran one when we went to the Laundromat.”

Mrs. Fairmont looked at me. “I’d be happy for Jessie to stay with us while you help her.”

“Thank you, ma’am,” Jessie replied. “I promise to be good.”

I glanced at the back of the courtroom and saw Sister Dabney sitting with her eyes closed.

I returned Jessie to her place with the other prisoners. The back door of the courtroom opened, and Mr. Carpenter entered with a couple of men wearing dark suits. Jessie, who was standing slightly behind me, gasped.

“What is it?” I asked, turning to the side.

“Don’t let him see me,” she replied, putting her hands over her face.

“Who?”

“The man with the blond hair.”

One of the two men with Mr. Carpenter had blond hair. He looked to be in his mid- to late thirties. The other man had dark hair streaked with gray.

“Who is he?” I asked, having to turn to the side because Jessie was crouching behind me.

“All rise!” the bailiff called out. “This court is now in session, the Honorable Clifton Cannon, presiding!”

“Please sit in front of me,” Jessie hissed.

“What?”

“Mr. Duffy,” Judge Cannon said to the assistant district attorney in charge of the morning’s calendar, “approach the bench. There’s something I need to discuss before we get started.”

The chief assistant DA stepped forward.

“Don’t leave me,” Jessie whispered.

“There’s no need to be scared.”

“Please!”

I couldn’t ignore the panic in Jessie’s voice. I leaned over toward the deputy.

“May I stay here with my client?”

“Yeah.”

I quickly placed a chair in front of Jessie and sat down. Jessie was hunched over in a ball. I’d stumbled upon her fear factor. My heart rate picked up as my mind raced into overdrive.

If the motion to reduce Jessie’s bond was called while Mr. Carpenter and the blond-haired man were in the courtroom, it would be impossible to hide my young client from the man she wanted to avoid. There was no way to quietly move her to a place where I could talk to her and find out what was going on.

Mr. Carpenter passed through the bar. Several lawyers scattered across the open area in front of the judge greeted him. When Mr. Carpenter’s eyes met mine, I suddenly had a sinking feeling he knew all about Jessie Whitewater and that his appearance in the courtroom was linked to my own.

The judge spoke in a loud voice. “Mr. Duffy, call the first case.”

I didn’t know the order of the cases. My heart leaped to my throat in anticipation of Jessie’s name being at the top of the list.

“Your Honor, Mr. Carpenter requested that his motion in
State
v. Hackney
be placed first on the calendar. He needs to be in federal court in front of Judge McKnight later this morning, and I have no objection to bringing his motion before you at this time.”

“Very well, proceed,” the judge said.

Mr. Carpenter stood. I felt myself caught in his peripheral vision.

“Thank you, Mr. Duffy,” said the gray-haired lawyer in a carefully measured voice. “Your Honor, we’re here this morning on defendant’s motion to conduct an independent examination of evidence. In response to the criminal discovery statute, we’ve been informed there are tape-recorded conversations that may be utilized in this case. My client has retained Dr. Martin Link to perform independent testing of this evidence. With the Court’s permission, I’d ask Dr. Link to come forward and be sworn.”

“Proceed.”

The man with dark hair streaked with gray approached the witness chair, raised his right hand, and swore to tell the truth.

“Dr. Link, please tell the court about your educational and professional qualifications.”

The witness, who had a very pleasant British accent, was a physicist with an impressive academic background in the United States and Great Britain.

“What particular area of expertise will you utilize in evaluating potential evidence in the case of
State v. Hackney
?” Mr. Carpenter asked.

“Voice recognition analysis.”

“What specialized training and experience do you have that qualifies you to perform voice recognition analysis?”

This brought forth a much longer answer and several follow-up questions about Dr. Link’s familiarity with the topic. He’d written a score of articles published in scholarly journals and developed a computer program that sounded so sophisticated it could mimic the inflection in Lincoln’s voice when he delivered the Gettysburg Address. If I hadn’t been scared on Jessie’s behalf, I would have enjoyed listening to the testimony. Mr. Carpenter paused.

“Your Honor, we ask that Dr. Link be designated as an expert witness in the area of voice recognition analysis. We further move that he be given access to any and all tape recordings in the State’s possession in this case so he can perform his own analysis.”

The judge turned to assistant DA Duffy. “Do you have any questions for the witness?”

“Yes, sir.”

To my surprise, Duffy didn’t vigorously attack the doctor. Instead, he focused on finding out more about Dr. Link’s training and experience. Each question seemed to strengthen, rather than weaken, Mr. Carpenter’s argument that the scientist was an expert who should be allowed to conduct his tests. Duffy finished and sat down. Judge Cannon finished making notes on a legal pad in front of him and then looked up.

“The Court grants defendant’s motion that Dr. Link be recognized as an expert witness and orders the State to allow him to perform independent analysis of any tape recordings in the State’s possession. Mr. Carpenter, prepare an appropriate order and send it to Mrs. Duffy for his review prior to submission to the court.

16

T
HE BLOND-HAIRED MAN ON THE FRONT ROW STOOD AND MOVED
toward the aisle in our direction. I heard Jessie make a choking noise, and I shifted my chair. However, the man’s attention was on Mr. Carpenter and Dr. Link. As the three men were leaving the courtroom, Mr. Duffy said, “
State v. Wheeler
.”

Several more cases were called in rapid succession. Most were defendants entering a plea. During a brief lull, I turned around and saw that Jessie was biting her fingernails while watching the rear door of the courtroom.

“Are you okay?” I asked.

“Will they be coming back?”

“No.”

“But he didn’t tell the judge he was guilty.”

“It was a motion hearing.”

One of the women sitting next to Jessie entered a guilty plea on a burglary charge and received a five-year sentence. Nothing came out about the woman’s history, but I hoped the seriousness of the sentence wasn’t lost on Jessie.


State v. Whitewater
,” Jan Crittenden announced.

I stood and motioned for Jessie to join me in the open space in front of the judge.

“Your Honor, my client is charged with burglary. Currently, her bond is set at ten thousand dollars. I’ve filed a motion to reduce it.”

Judge Cannon flipped open a folder.

“The State has no position on the motion,” Jan said from her place beside the prosecution table.

“There is a brief attached to the motion outlining the applicable law—,” I began.

“Which I already know,” the judge interrupted. “Ms. Taylor, what facts support reduction of the bond?”

“This is my client’s first offense and involved illegal entry of a convenience store and theft of a bag of donuts. She’s not employed, but—”

“If she’s guilty of the charges, why don’t you proceed to enter a plea? Isn’t it a waste of the Court’s time to rule on your motion?”

“I’ve not discussed that option with Ms. Whitewater. There is a question whether, based on my client’s age, this case should be in superior court or juvenile court.”

“How old is she?”

“I don’t know.”

“We’ll settle that right now.” The judge leaned forward, his eyes glaring at Jessie. “How old are you?”

“Eighteen,” she answered in a shaky voice that sounded much younger.

“Very well,” the judge replied, turning toward me. “If your client insists she’s eighteen, I’ll leave her bond at a level appropriate for a felony burglary charge in superior court. Motion denied.”

Jessie and I retreated to our place near the wall.

“Why did you tell him you’re eighteen?” I asked, trying to keep my voice calm. “He knew you were lying.”

“Because I didn’t know what else to do.”

“That makes no sense to me.”

“Am I going back to the jail?”

“For now. You won’t get out until Sister Dabney posts your bond. After the paperwork is completed, I’ll pick you up at the jail and take you to Mrs. Fairmont’s house.”

“Will I be safe there?”

“Yes.”

Jessie didn’t look convinced.

“Who is the blond-haired man who was with Mr. Carpenter?”

“Are you going to talk to him?”

“No, but I’ll call his lawyer and find out if you don’t tell me.”

“Clay Hackney.”

“Does he know you?”

Jessie nodded. “He’s the reason I ran away.”

“We’ll talk later.”

Jessie grabbed my arm. “Don’t tell anyone about me and Clay. It has to be kept secret like you promised.”

The female guard came closer to us.

“Okay, but I want to know everything later.”

I left Jessie sitting against the wall and returned to Mrs. Fairmont.

“That didn’t go very well, did it?” she asked.

“No, ma’am.”

“If that child is eighteen, I’m forty-eight,” the elderly woman continued. “Why in the world would she lie to Cliff Cannon? It really upset him.”

“Yes.” I nodded, turning sideways to see if Sister Dabney was still in the courtroom. “I need to speak to Sister Dabney.”

I walked back to the row where she was sitting.

“Sorry I couldn’t get the bond lowered,” I said. “Judge Cannon gave Jessie a chance to tell the truth about her age and she lied.”

“I knew there would be risk,” Sister Dabney answered. “I was praying he would lower the amount, but it doesn’t change my plans.”

“Mrs. Fairmont is willing to let Jessie stay with us. She met with her for a few minutes before the hearing.”

“Mrs. Fairmont is a good woman. You can learn a lot from her. Jessie will like her.”

“I hope so.”

I paused. I wanted to tell Sister Dabney about Clay Hackney for two reasons: his appearance increased Jessie’s flight risk, and I wanted Sister Dabney’s advice about handling the situation. But Jessie had invoked the attorney-client privilege, and I couldn’t violate her instructions.

“What’s going to happen next?” I asked, hoping Sister Dabney had already received divine insight about what was going on.

“After I go to the jail to post the bond, I have to get the airconditioning in my car fixed.”

I had a sudden urge to give Sister Dabney some money. I opened my purse and gave her all my cash, which amounted to more than three hundred dollars. She took the money and folded it in two.

“Thank you,” she said.

“I hope that will take care of fixing the car.”

“If you heard right, I’m sure it will.”

Sister Dabney left the courtroom. I returned to Mrs. Fairmont. Judge Cannon called a recess and left the bench.

“Are you ready to go?” I asked.

“Yes, this is a sad place. I don’t see how Cliff does this day after day.”

I hadn’t considered that Judge Cannon had feelings and assumed he enjoyed wearing a black robe and barking out orders. When Mrs. Fairmont and I reached the hallway, we ran into Maggie. Julie was with her. I reintroduced Mrs. Fairmont to the two women.

“Sorry I’m late,” Maggie said. “I was interviewing a witness across town. Has the judge already heard the motion?”

“Denied.”

I told them what happened, leaving out the close encounter with Clay Hackney and Jessie’s reaction. Maggie turned to Mrs. Fairmont.

“Tami says you’re considering letting our client stay at your house if she’s able to post bond.”

“That’s right.”

“What if she stayed with Julie instead?” Maggie asked me.

“Julie?” I asked in shock.

“That’s right,” Julie replied. “And don’t look like you’ve seen a ghost. I’m willing to help someone in need for a few weeks. Unlike Mrs. Fairmont, I don’t have any expensive jewelry and antiques in my apartment. The most valuable things I own are a few pairs of Manolo Blahniks. Unless your client is a size seven, my place is as empty of temptation as a jail cell.”

“But Jessie already met Mrs. Fairmont and said she wanted to stay with us.”

“Which may not be the best course,” Maggie said. “Look, I’m worried about all that could go wrong with the client staying with Mrs. Fairmont. We know nothing about Whitewater’s background. It’s simply too great a risk to take.”

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