~ Deception ~
Part Five
© By
E. O'Rielly June 2006
eorielly@yahoo.com
Disclaimer
and Acknowledgments
This
is an adult story that primarily features stories involving women.
If it is illegal in the state, province, or country in which you live;
or if you are under the age of 18, please close this story and find
something else to read.
There are consensual sexual relations between adult women, which may be graphically
explicit.
There
are elements of strong language, violence, physical and/or mental, as well as
some emotional hurt and discomfort in the story.
The events portrayed in this story are fictional and any resemblance to actual
events and/or people is purely coincidental.
Dedication: Into
everyone's life comes a person that challenges them to become more than they
are by not accepting mediocre. J.M. Dragon has been such a friend to me and
without her input and encouragement, I could never have written this or anything
else.
Special
Thank You:
To my friends T and Kay for giving me invaluable feedback
Lane sat in the courtroom listening to the judge give the prospective jurors the standard instructions. She had spent a great deal of the morning arguing a myriad of pretrial motions before the judge. Meanwhile, her paralegal team made some final inquires about prospective jurors giving her a good idea of whom she wanted on the jury. Prior to court reconvening Bryce browsed the list - she knew none of them. "It's not like I know everyone in area. The truth is that except for ranchers, I really don't know many people."
"Well, then maybe we can find jurors who will be impartial." Lane doubted her words for someone would have had to live under a rock not to know about the richest family in these parts.
Once the judge had finished with his instructions, voir dire started. Lane consulted her notes before questioning the prospective jurors and rejected more than she accepted. At first, Lane hadn't paid too much attention to what Bryce was doodling on a legal pad figuring she was nervous and needed an outlet. Just before Lane was about to question one man Bryce touched her arm and tapped on the legal pad. What she saw amazed her. Bryce had sketched a caricature of the man with the word redneck below the drawing and circled the word repeatedly.
"Ms. Cuthbert do you have any questions for this person?" the judge asked.
"Yes, your Honor." She looked at the man who had thinning white hair, a bulbous nose and square chin. The thing she noticed about him most was the arrogant look of his mouth. "Tell me Mr. Menger," she started as she reviewed her notes. "What is your opinion of interracial relationships?"
The man frowned. "It is not the way God intended people to live. The same should stay with the same. You don't see birds screwing around with ones not like them."
"Would you have a problem with anyone who was a product of such a union?"
"It just ain't right."
"I'll take that as a no." Lane briefly looked at Bryce and smiled. "We challenge this juror for cause."
As voir dire continued, Lane would look at Bryce's comments before asking questions. Most of the comments were already in Lane's notes but occasionally Bryce would point out an aspect that the lawyer hadn't considered. The process took almost three days and for the most part, Lane was happy with those that would sit in judgment of her client. Surprisingly, all the jurors had heard of the Clayton family but beyond that had no knowledge or dealings with them. Even more astonishing was the fact that none had met, heard of, or seen Bryce. On the other hand, most knew of Preston Garrett and divided evenly as to their opinions of the man. Most of the long time residents recalled his land deal that brought all those outsiders into our town, as one older man said. Six jurors were of a Latino background, which Lane felt, was a plus for Bryce. In addition, the seven woman six man jury consisted of three retirees, a nurse, two teachers, a college student, two ranch hands, a homemaker and a truck driver.
Bryce sat next to her lawyer and scrutinized each of the jurors. Those people aren't my peers. I bet not one of them makes over fifty thousand a year. There was a tap on her shoulder and she turned around to see her mother sitting behind her.
"I went to church and lit a candle for you." Her face softened. "Very soon we will have this all behind us." The shallow smile on Bryce's face didn't fool her mother. She saw the anxiousness in her daughter's eyes and she stood up, leaned over the rail and hugged Bryce.
Lane listened to the conversation between mother and daughter then watched the jury's reaction as Margarita embraced her daughter. If they were touched or cared, it didn't show.
Guards moved towards the mother and daughter as the judge rapped his gavel. "Please, everyone stay seated. Mr. Kunkle, will you be ready to begin your case on Monday?"
"Yes, your Honor."
"We will reconvene at nine on Monday morning." His eyes tracked to the lawyers. "I will meet with you both in my chambers tomorrow morning at eight." With a rap of his gavel he said, "Court is adjourned."
+ + +
The courtroom was jammed with spectators who sat knee to knee on
the highly polished wooden benches. Bryce's trial was big news
and the entire town apparently turned out for the event along with
hoards of reporters. When the bailiff said, "All rise," the
pocket doors near the judge's bench opened and Judge Anthony Aniline
entered the court.
Once the judge gave instructions to the jury and asked if both the prosecution and defense were ready, the DA laid out his case in chief. His opening statement wove a story of the anger and revenge that lead Bryce to murder Preston Garrett. Lane wrote down the major points of his argument and made notes by each one. I've heard this all before if this is all they have then we will win, she thought until she heard the DA say, we have an eyewitness. Lane threw a look in the direction of the DA then to her client. Nowhere in the reams of information handed over from the prosecution was there any indication of a witness. The DA had blindsided her by omission -ah the beauty of a Grand Jury. On her yellow legal pad, she wrote eyewitness circling the words boldly. Leaning over to Randall Huggins, her second chair, and whispered, "Find out who that is!"
Randall's eyes threw darts at the back of the lawyer who had just had
given him her instructions. Just who the hell does she think she is ordering
me around like that! Bitch.
When it was Lane's turn to speak, she stood up, adjusted her suit jacket
and walked towards the jury box. "Good morning," she said sweetly
before giving them her best smile. Fifteen minutes later she summed up her
opening by saying, "A rush to judgment is what we have here ladies
and gentlemen. Listen carefully to all the witnesses and see if you can
spot those that believe Bryce Clayton did this horrible crime solely based
on whether they like her or her family. Thank you."
"Mr. Kunkle, call your first witness," the judge said.
"We call Dr. Stewart Barclay to the stand."
Once the doctor had taken his oath, the DA asked, "Doctor Barclay will you tell the jury what your position is?"
"I am a medical examiner."
"Did you do the autopsy on the victim in this case, Preston Garrett?"
The doctor explained what he found during the autopsy. Once the DA was satisfied that he had covered everything and all the autopsy photos were on display it was Lane's turn for cross-examination.
"Doctor Barclay, you stated that you found marks that were made by a whip around the neck of the victim."
"That's right."
"In this picture marked 2-A it shows the mark around the front of the neck. Did the impression of the whip go around the entire neck?"
"No the marks were primarily on the front part of the victim's neck."
"I see. Tell me did the victim die from the whip or the fall?"
"The fall caused damage to the medulla. Death was instantaneous."
"Is it true that the fall not the whip caused his death?"
"Yes."
"Can you tell how long after the whip marks were placed on the neck did the fall occur?"
"The bruising indicated that the injury was antemortem."
"How long after the whip was wrapped around the victim's neck did the fall occur?"
"I assume that it was immediately after."
"Why would you assume that?"
"Something made the man fall off the horse. The evidence indicates that was a result of the whip being wrapped around his throat."
"Can you say with certainty the amount of time between the whip injury and the fall from the horse?"
"No."
"Doctor, did the whip kill the victim or did the fall?"
"The fall."
"Thank you." Lane sat down satisfied
that she had made her point.
+ + +
The next witness was Sheriff Joe Don Wilkins. While the sheriff related the
details of his investigation, Lane sat patiently listening to every word.
Bryce had drawn an exaggerated caricature of the man along with the words, how
many crime scenes and boldly underneath that, the word experience.
Lane nodded and wrote my thoughts exactly. When the DA finished Lane
was on her feet immediately, straightening her jacket and smoothing out the
straight skirt.
"How many crime scenes for murder have you investigated?"
The sheriff moved uncomfortably in the chair. "This is the first one."
"Have you gone to school or had any training on effective crime scene investigation?"
"I've read some. I have a team of investigators that know all that."
"Have they had training?"
"Of course they have what kinda department do you think we have?"
"How many of your investigators have processed a murder scene before?"
"Some, I'm not sure which ones."
"Sheriff Wilkins, did you suspect anyone other than Bryce Clayton?"
"It was pretty clear who done it."
"What lead you to that conclusion?"
"It is well known that the two of them were at each other all the time."
"What do you mean at each other?"
"Anytime the two of them were together there was always a shoutin' match."
"Other than shouting was there ever any physical violence?"
The sheriff thought for a moment. "Yeah, a few weeks before the murder they got into at the cafe."
"Is that the Blue Bonnet?"
"Yes."
"Was blood drawn?"
"No, it was more of a shovin' match."
"Did anyone file a complaint?"
"No."
Lane picked up one of the prosecutions photos. "Sheriff, is this a photo you took at the crime scene?"
The sheriff looked at the picture and said, "Yes."
"This appears to be a boot print is that correct?"
"Yes."
"Do you know who it belongs to?"
"No."
"Did you try to match any of Bryce's boots against it?"
"Yes."
"Did they match?"
"No. She got rid of it after killin' Preston."
"I move to strike."
"The jury will disregard the last statement. Sheriff, please confine your answers to the questions asked."
"How many boots, other than Bryce's, did you check to see if they matched the print left at the crime scene?"
"We checked out every boot that belonged to the team that worked the crime scene."
"Did you take possession of any boots other than Bryce Clayton's?"
"No." The sheriff glared at the defendant.
Lane moved so she stood between the sheriff and Bryce. She picked up another photo. "Sheriff, do you recognize these photos?"
Joe Don shuffled through the pictures. "Yeah."
"Will you tell the jury what the pictures show?"
"It's of hoof prints at the scene."
"You mentioned to Mr. Kunkle that one set belonged to the victim's horse and you speculated the others belonged to the murderer is that right?"
"That's right."
"Did you search for the horse that had those particular shoes at the Clayton
Ranch and at Bryce's ranch, Ascensión?"
"Yep."
"Did you find the horse?"
"Nope."
"Why is that Sheriff?"
"They don't shoe their horses," the sheriff mumbled.
"Can you speak up Sheriff so the jury can hear you?"
"I said they don't shoe their horses," he said angrily.
"If the unknown shoe prints belong to the murderer's horse and you think Bryce is that person where is the horse?"
"Objection. She's leading the witness."
"Sustained."
"Did you ever find the horse that these shoe prints belong to Sheriff?"
"No."
"Where else did you look?"
The sheriff's eyes darted to the DA. "We figured she must of used one that wasn't on their ranches."
"How many horses did you look at to see if they matched the ones left at the crime scene?"
"None, we knew who did it, why look anywhere else?"
"Maybe because someone else did it," Lane retorted.
The DA was on his feet. "Your Honor"
"Sorry, it won't happen again."
"See that it doesn't," Judge Aniline admonished.
"Thank you your Honor."
Lane raised her eyebrows at the jury then picked up another photo. "In this photo there is a whip hanging from a saddle. Is that the murder weapon?"
"Yes and that's her saddle."
"You also collected two more whips from the tack room at the Clayton Ranch didn't you?"
"Yes."
"Where did you find them?"
"In a wooden box."
"Where in the box?"
The sheriff's eyes looked at the district attorney begging for help - none came. "At the bottom."
"Was anything over them?"
"Yeah, some blankets and other equipment."
"Is it true that the whip that you claim is the murder weapon was out in plain sight while the others were hidden?"
"Yeah, I guess so."
Lane turned her attention to the witness. "Sheriff Wilkins, how long have you known Bryce Clayton?"
"Since she was a kid."
"Do you know anything about her intelligence?"
The DA jumped up. "Objection, this goes beyond scope."
"Your Honor, the DA asked the witness if he thought Bryce Clayton was a smart women - my question goes to that. If you will just let me ask a few more questions the relevance will be clear."
"Overruled. You better get to the point quickly Ms. Cuthbert."
"Thank you. Sheriff, are you aware of the fact that Bryce graduated from high school at fourteen and college with two degrees at sixteen?"
"Your Honor," the DA said.
"Get to the point counselor. Sheriff Wilkins you may answer the question.
"Yeah I heard something about that."
"Did you know that she belongs to the Mensa Society?"
"Your Honor."
"You're on a short leash Ms. Cuthbert."
"Yes, thank you. Two more questions and I promise it will be relevant."
The judge nodded and Lane took in a deep breath. "Did you know she belonged to the Mensa Society Sheriff?"
"That must be somethin' for smart rich folks."
"Actually it is a society for those with an IQ that is in the top 2% of the population." She blew out a long breath. "Sheriff, do you want this court to believe that Bryce Clayton who is in extremely intelligent would hide the boots she wore, borrow a horse from another ranch then forget to hide the alleged murder weapon?"
The sheriff looked perplexed. "Maybe that is how she planned it so no one would suspect her."
Lane was on a roll. "Sheriff you said that you have a passing acquaintance with the Clayton family. Is it true that you dislike Bryce's father, Sam Clayton?"
"We nod ta one another that's all. He's not my friend."
"Isn't it true that you have been at odds with him ever since he wouldn't support your run for sheriff?"
"No."
Lane went to the defendants table and picked up a paper. "I would like to enter this letter from Jo Don Wilkins to Sam Clayton dated December 8, 1986, into evidence."
"I want to see that!" Dan Kunkle said. He gave the document a cursory look, shook his head and whispered shit before giving it back to Lane.
Lane handed the sheriff the document. "Would you please read the highlighted part?"
The sheriff's face grew red with anger. "I'm not readin' this."
Lane looked to the judge. "Your Honor will you please instruct the witness to read the document."
"Sheriff, you must read the document."
Joe Don shook his head in disgust then began to read. "You made your bed Sam now you have to lie in itYou'll be sorry that you didn't back me for sheriffjust remember that I will be watching you and your family for any infractions of the law. When that happens, I promise you I will do everything I can to see any of you are prosecuted to the fullest extent of the law."
"Sheriff, did you investigate anyone other than Bryce Clayton?"
Joe Don belligerently said, "No."
"Are you fulfilling your promise in that letter?"
"NO!" he shouted. "She did it!"
"Move to strike."
"The jury will disregard the witness's last statement."
"I'm finished with this witness." Lane sat down next to Bryce and gave her a confident smile.
Bryce leaned into her lawyer and whispered, "Damn you're good."
Lane smiled and unthinking touched Bryce's hand. "We have a long way to go yet."
Normally, Bryce would recoil from any physical contact that she did not initiate,
but the warm touch of the lawyer's hand on hers was pleasant. When
Lane finally removed her hand, Bryce felt a longing to have it touch her
again. Covertly, she let her eyes study the woman's face and she again
realized just how good looking the woman was. Unlike many women who once
their makeup is off look like an entirely different person, Lane was a natural
beauty. Bryce studied the fresh, flawless skin noting that it was void of
makeup of any kind. Lips, which to Bryce begged for kisses, were covered
with a red, but not too red lipstick. The only thing she would change about
the lawyer was the black rimmed glasses that she kept putting on and taking
off. They don't do her face justice. Why doesn't she just
wear contacts? A rap of a gavel brought her focus back to the courtroom.
+ + +
Two days later, after all the crime scene specialists and several deputies
had testified Preston Garrett's ranch foreman took to the stand. Hector
Gomez was a small Hispanic man with graying black hair, a thick moustache
and brown black eyes. He sat easily in the witness chair waiting for Lane's
cross examination of him. If he was at all nervous or intimidated by the
process, it did not show. The man's eyewitness accounts that placed
Bryce at the scene had sent Lane's paralegal scurrying out of the courtroom.
Lane had deftly cross examined the coroner, the sheriff and the criminalists,
but with this man, she would need all her skills. His testimony had been
clear, concise and never wavered in his recount of the early morning hours
when Preston was murdered.
Lane stood up, adjusted her suit jacket and then cleared her throat. "Mr. Gomez you said that you have worked at the Garrett Ranch for thirty-five years is that correct?"
"Yes ma'am."
"Did you work anywhere else before the Garrett Ranch?"
"Yes."
"Where was that?"
"I worked for six months on the Sterling Ranch."
"What was your position there?"
"I was a ranch hand."
"Why did you leave that ranch?"
"Mr. Preston offered me more money."
"For the same job?"
"No, I groomed horses at first."
"When did you become foreman?"
"Around nineteen eighty-five."
"Where did you work before the Sterling Ranch?"
Hector swallowed deeply. "At the Clayton Ranch."
"And what years were they?"
"Sixty-five for a year or so."
"Did you have any job between then and when you started at the Sterling ranch?"
"No."
"Is it correct that you didn't have a job for five years after you left the Clayton Ranch?"
"Yes."
"Why did you leave?"
"Mr. Clayton didn't like me so he fired me."
Lane cleared her throat and scrunched her eyebrows together. "That's all there was to ithe didn't like you so he fired you?"
The witness squirmed slightly. "Yes."
Good I've caught him in a lie. "Are you telling this court that the fact that Mr. Clayton found you and two other ranch hands selling his cattle had nothing to do with it?"
"Objection, Ms Cuthbert is leading the witness."
"I'll rephrase."
"Mr. Gomez, what were the circumstances surrounding your being fired from the Clayton Ranch?"
Hector's voice became slightly louder. "I didn't have anything to do with that. I told Mr. Clayton that at the time."
"You didn't have anything to do with what?"
"Stealin' those cows."
"Who stole them?"
"Some other guys, but not me."
"Didn't Mr. Clayton have pictures of you and the other two taking money and handing over his cows?" Lane picked up some photographs from the table and said, "I'd like these photographs to be entered as defense exhibit one."
Lane turned back towards the defendants table so she could get a good look at the DA as she passed him copies of the photos. His eyes seemed to bug out in disbelief. Ha, gotcha with something you didn't know. As she returned her focus to the witness she asked, "How then do you explain these pictures Mr. Gomez?" She handed the witness the black and whites showing him and two others taking money. Another photo showed the men with cows that were clearly branded as Circle C the Clayton brand."
The witnesses face grew red. "That was a long time ago. I was a kid and didn't know any better."
"Were you angry with Sam Clayton?"
Gomez smiled. "They were his cows and he had every right to fire us. At the time I was angry but I got over it."
"The fact that you couldn't get a job for five years didn't make you want revenge?"
"Like I said, that was a long time ago."
Lane realized that the witness had regained his composure and questioning him further on the point would be useless. "Mr. Gomez you said in your earlier testimony that you witnessed a person dressed in dark clothing, riding a black stallion in pursuit of Preston Garrett around five thirty in the morning of July fifteenth. Is that correct?"
"Yes."
"The weather service said that the skies were overcast on that day. How far away did you say this rider was?"
"About a hundred yards."
"At the time could you tell if the rider was chasing Mr. Garrett or if they were in a race?"
"I doubt if the boss would be in any kind of race with that woman."
"How did you know what was happening?"
"I knew and she was chasin' him."
"How do you know that Mr. Gomez?"
"Why else would they be out there at that time of the mornin'?"
"Judge would you please ask the witness to answer my question."
"Mr. Gomez you must answer the question." The judge's attention turned to the court reporter. "Please read back the last question."
"Ms. Cuthbert - How do you know that Mr. Gomez?"
"I didn't but"
"Moving on," Lane interrupted.
"Mr. Gomez you stated in your testimony that you would know Bryce's stallion anywhere is that correct?"
"Yes. She's always riding him at the rodeo doing tricks with her whip."
Lane was pleased that he commented on the rodeo. "Are you telling the court that the last time you saw the horse was at the rodeo?"
"Yes."
"Which one?"
"I don't know for sure but it was sometime last summer."
"What would you say if I told you that Bryce hasn't participated in a rodeo event in three years?"
"I'd say you are wrong ‘cause I know I saw her."
"If I produce a written affidavit that states that the last rodeo she was involved in was in two thousand and three would you still say you saw her last summer?"
"I know I saw her last summer."
"Not in a rodeo," Lane said hoping that she wouldn't hear an objection. She did.
Lane turned her attention to the judge when he asked, "How much more do you have for this witness Ms. Cuthbert."
"Quite a bit more your Honor."
"Since the hour is late we will adjourn until tomorrow." He struck his gavel. "Court is adjourned until tomorrow at nine A.M."
The bailiff said, "All rise."
Once the judge had disappeared through the pocket doors, Lane let her shoulders
relax. It would be a long night as she and her team prepared for the next
round with Hector Gomez.
+ + +
At seven the next morning, Lane met with Randall Huggins her second chair.
He was a decent lawyer but lacked the spark to take him farther in the firm.
She had been up all night preparing her case to discredit Hector Gomez – if
she couldn't it would put a serious crimp in her campaign to free Bryce. "What
do you have for me Brett?"
The man took a deep breath. He really resented being the woman's lackey. The partnership was mine and she stole it from me just because she had the bucks to buy her way in. "Here are pictures of six black stallions that are on ranches that are within a ten mile radius of the murder scene. I took the pictures with approximately the same daylight as July fifteenth. All the owners have signed the backs of the pictures to verify the authenticity of the photos."
Lane looked at the pictures. "Can you see any discernable difference in the horses?"
"No, but I really don't know anything
about horses. Do you have someone who can look at them for us?" Like your client.Why is she going down
this path? Can't she see it has disaster written all over it?
"Sam Clayton should be here any time now and we will see if he can pick
out Bryce's horse."
"What happens if Gomez picks the right
one?" She thinks she is
a hotshot lawyer but how can she be so stupid as to risk her client like this?
"Don't even think that Brett. It is hard enough with a client that
won't fully cooperate. If Hector Gomez happens to pick the right horse
we will be up shit's creek."
Randall looked at his associate for a long time. "Did she do it?"
Tired, sleepy hazel eyes lit up. "Why would you ask that?"
"Well this witness seems positive that
he saw her there and if I were on the jury I would be seriously wondering
if she did it. Besides, she won't tell you where she was, if the jury gets
hold of that information it may well seal the deal." Now there's a thought a leak to the press about
Clayton's lack of an alibi. Hmm.
"To tell you the truth, I don't know if she did it or not but I am
going on the assumption that she is innocent. Otherwise, I don't think
I could defend her properly."
This case was Lane's opportunity to become nationally recognized and that was, after all, why she became Monty's partner. Every major network had a representative stationed in the courtroom. With each recess, she could see them scurrying out to their respective vans, grab a microphone and smile for their cameraperson. She had never turned down an opportunity to say a few words to whoever requested an interview. The night before, someone from CNN asked, what do you think of Hector Gomez's testimony that he saw Bryce Clayton chasing Preston Garrett? Her answer was, wait until tomorrow before you make any judgments.
It was tomorrow and almost show time. She looked at the photos once again. What will I do if he happens to pick the right one? She heard the door open and saw Sam standing in the threshold. "Good morning."
"Good morning Ms. Cuthbert. Do you have the pictures?"
"Yes." She handed them to him and held her breath.
Sam studied each picture carefully then reviewed them again. "One really has to know Bryce's horse to pick it out."
Lane's heart lodged in her throat as her chest tightened. "You mean you know which one is hers?"
"Not for sure. You see the light isn't very good so at that distance it is hard to tell much detail about the horses. I doubt to the casual observer any one horse will look much different from the next."
"If you had to choose which one would it be?"
Sam sorted through the photos then held one up, "this one." He turned it over, looked at the name then laughed. "Nope it is Richard Sterling's horse."
Lane felt the constriction in her chest lessen but only somewhat. When she arrived in the courtroom and sat down next to her client, she smiled thinly. "Well how's your luck at gambling?"
Bryce looked at her attorney quizzically. "What do you mean?"
Lane laid out the six pictures on the red brown mahogany table. "Can you pick which one is your horse?"
One by one, Bryce looked at the pictures and arranged them across the table. "In that light it is hard to make out one from the other," she said. A long, tapered and calloused finger tapped on a picture. "This is my horse."
Lane shook her head as she looked at the name on the back of the picture. "An owner should know her own horse. But, if I show them to Gomez there is a one in six chance that he will pick the right one."
"The man's a liar. He didn't see me on any horse that morning. As for the chances, there is a ninety-four percent chance he won't pick the right one. I'd say the odds are stacked against him."
"That's what I thought." Call it sixth sense or fortune telling but that little voice inside Lane's head said don't do it. "I don't see that we have a choice. If I don't try to discredit him with this then the jury will think his testimony is true and that, will not bode well for our side."
Bryce waved her hand. "Oh you'll get me off. That bozo of a DA isn't any match for you."
"Don't let him fool you. He is more skilled than you might think."
"My money is on you."
Lane smiled briefly then stood up when the bailiff said, "All rise."
Hector Gomez was once again on the stand with the judge reminding him he was still under oath before the questioning began. Lane entered the six pictures into evidence then handed them to the DA then to the witness. Lane could feel her heart racing and wondered if everyone in the courtroom saw the veins thumping in her neck. She ran her tongue over her lips then spoke. "Do you recognize where these pictures were taken?"
"Yes, it is near where Mr. Garrett was murdered."
"Is the lighting of those pictures approximately the same as on the morning of July sixteenth?"
The man studied the photos. "Yeah, it seems about right."
"Can you tell the jury what is in the pictures?"
He thumbed through them. "They are all of black horses."
Lane blew out a breath. "Each of the original photos is signed by the owners of the horses to verify their authenticity. Mr. Gomez, can you tell me from those photos which one is Bryce Clayton's horse?" Lane discreetly crossed her fingers and every prayer that she had learned in bible school went up to the heavens.
Hector scratched his head and studied the pictures with a concerned look on his face. He looked at the DA, at the jury and then at the defense table and squinted. Bryce Clayton was glaring at him while the woman asking him questions was leaning against the table. The other defense attorney caught his attention with his dark disbelieving eyes mesmerizing him. His eyes focused on the chin resting on the man's thumb with the little finger crossing his lip while the others splayed against his cheek. He narrowed his eyes before looking back at the defense attorney.
Lane let out a breath. He doesn't know. "Mr. Gomez you said you knew the horse by sight anywhere. Which horse is it?" She knew she was taunting him. If he happened to pick the right one, the jury might remember that it wasn't immediate in answering. The time seemed to be in slow motion and with each tick of the clock the hollow feeling in the pit of Lane's stomach grew exponentially. A little voice was screaming take them back. "Well, Mr. Gomez, can you pick the horse or not?"
Hector looked at Lane with confusion written all over his face. He looked again at the defense table, back at the pictures then to the jury. "It is number three."
Randall Huggins, pleased with the answer, smiled inwardly as he removed his
hand from his face. Guess he got my subliminal message. Why is it that the
dumb ones can be so easily influenced? It's to my good fortune I would
say. He had to fight the chuckle that threatened to erupt. Wait until
Geiger hears about this mess, he's going to want to pull her name off the letterheads
tomorrow. AndI'm just the person to tell him. It didn't matter
to him if Bryce Clayton went to jail in his campaign to eliminate Lane Cuthbert
from the firm. I never liked the woman anyway. She is far too smug and arrogant
for my tastes. No wonder she hasn't found a man. His eyes took in
Bryce's body hungrily. I could show her a good time with a real man
not one of those rich sluts.
The little voice in Lane's head was now screaming told you so told
you so. For Lane, being in court was like playing the lead in a drama with
the jury being the ultimate critic in deciding if she would win the Oscar.
She would play her part to perfection and never tip her hand or let the jury
or anyone in the courtroom see how far the man's answer had thrown her. Damn. Turning
to the table, she referred to her notes and her eyes drifted to Bryce's
drawing. Circled in bold script was the word gender. With an imperceptible
nod towards her client, she turned back to the witness. "You are correct
that is a picture of Bryce's horse." She pursed her lips. "Mr.
Gomez, can you look at the jury and tell them your answer wasn't a guess?"
The man's face reddened and his eyes, refusing to look at the lawyer or jury, shifted to the floor. "It was not a guess."
Lane knew he was lying but there was no way to prove it unless she redid the pictures and had him look at them again. She put that thought in the back of her mind and asked the question of gender. "Was it a male or female riding the horse?"
"A female of course," Hector said pointedly.
"How do you know it was a female?"
"It was her horse it must have been her riding it."
"Can you say with certainty that it was a woman riding the horse?"
"Yes," he said emphatically.
"Tell me how you knew it was a woman?"
Hector sputtered, "II could see breasts."
"You're telling me that at a distance of one hundred yards on a dimly lit morning you could see breasts?" Lane looked at the jury and allowed her eyebrows to rise.
A wave of laughter filled the courtroom before the judge rapped his gavel for quiet.
"Yes, I definitely saw breasts."
"Mr. Gomez, have you ever taken a good look at Bryce Clayton?"
"Yes, I know who she is. She is sitting right over there." He pointed a gnarled finger in Bryce's direction.
Lane looked at her client and winked. "Bryce, would you please stand up?"
"Your honor I object."
"Sit down Mr. Kunkle."
Bryce stood.
"Will you please stand sideways so that your left shoulder is facing the judge?"
In understanding, Bryce smiled and turned.
"Now, Mr. Gomez, take a look at Bryce Clayton and tell me are they the breasts you saw?"
Gomez's face went scarlet and the DA stood up. "Objection."
The judge tried to cover his amusement with a fist to his mouth and a slight cough. "On what grounds Mr. Kunkle?"
"They were never brought properly into evidence."
The packed courtroom collectively let out a belly laugh.
The judge rubbed his clean shaven face and pondered what to do. "Sustained."
Lane didn't bother to argue the point for it was clear to everyone that Bryce Clayton's breasts were on the small side. "At this time I have no further questions of this witness." She may have gambled and lost on the horse but, if the jury believed Gomez, Bryce's breast weren't on the horse.
The state called numerous witnesses to
testify as to what a great person Preston Garrett was along with recounting
various altercations involving the two. Lane handled each deftly making
each witness admit that Preston wasn't always a great guy. She also was
able to have each witness verify that the arguments were nothing more
than verbal sparring matches. To a person, not one thought either party
was in real danger when the incident involving Preston lunging at Bryce
and her retaliation became known. Bodily harm to either participant was
not a concern to anyone. Court adjourned for the weekend, giving Lane
two days to hone her skills for the final defense witness – Lydia
Peterson.
Constructive commments are always welcomed. Thank you. eorielly@yahoo.com