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In Defense of Defending Our Work as Authors

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Are authors allowed to defend their work? Is an author a bad actor for speaking out in his or her own defense?

When I published my first novel, Dance for A Dead Princess, in 2013, I quickly learned that, according to prevailing professional standards, an author exhibited bad manners if he or she responded to a critical review. Fellow authors informed me that no matter how wrong a reviewer had gotten the plot or the characters or even the spelling of my name, it was strictly forbidden to answer back. Strictly. Even the ad hominem attack, the lowest form of argument, could not be answered. I was also informed that, by and by, I wouldn’t even bother to read the reviews.

I can’t say that I ever stopped reading reviews entirely. Feedback from readers is important. Language is inherently ambigious; and sometimes the words that seemed so clear when I wrote them didn’t fulfill that promise. Reviews help authors understand what their readers understand. And obviously that is critical to being a good storyteller.

But based upon the views of other authors, I came to see the review arena as off-limits to me as an author. I could stop by like a hovering ghost and observe what was taking place below, but I couldn’t reveal my presence in any way. For a long time, I abided by the notion that authors were supposed to suck it up in silence no matter how foul or untrue the blow the reviewer administered. Sometimes it felt like being slapped across the face and not being able to cry out in pain.

I think the first time I wrote a response to a reviewer was after I published my first legal thriller, Dark Moon.  In Moon, Sarah Knight, the main character takes on the defense of Alexa Reed, who allegedly has killed her ex-husband, the son of Coleman Reed, a sitting United States Supreme Court Justice, and a psychologist who has been a fixture in the San Diego legal community for longer than anyone can remember. The legal community is solidly against Sarah’s efforts to prove her client innocent because of Coleman Reed’s influence and because of the community’s loyalty to the psychologist. The story makes it clear that both law enforcement and the judicial system are stacked against Sarah’s efforts to help Alexa Reed. So when Sarah has a nearly fatal accident in her car, she doesn’t call the police because she knows the police would do nothing for her.

A reviewer lambasted this portion of the plot as “unrealistic.” The reviewer’s theory was everyone calls the police when in danger and the “good cops” show up and dispense justice on the spot without regard to their personal bias. Of course, nothing could be further from the truth. So I wrote a few sentences pointing out that Sarah would have received no benefit from calling a law enforcement agency because all of them wanted her dead just as much as the person who had damaged her brakes.

Not long after that, someone else jumped on the “unrealistic” bandwagon. One of the things I have noticed about reviewers is that when one of them strikes a critical blow, several will crowd in quickly to try to strike harder blows on the same subject. To me, it looks like “roughing the kicker” in football, except there is no referee. And no fifteen-yard penalty.

After the “cops are unbiased and always good” reviewer left the building, another reviewer showed up to complain that the whole plot of the novel was “unrealistic” because “judges aren’t biased.” Actual case law will tell you this is not true, and I once reversed a murder conviction on that very ground: the trial judge was biased. So I quietly pointed out to “unrealistic reviewer number two” that I have been an attorney for more than thirty years.

After that, I made it a practice to point out inaccuracies here and there when I felt that a false statement in a review would deter another reader from giving one of my books a try. Not always and not often. And never to try to persuade the hater reviewer that he or she should have liked the book. Not everyone likes every book, and some people derive great delight in handing out poor reviews to every single book that they read. But I have made a few comments here and there to some of the more inaccurte reviewers because I would like the door to remain open for new readers to give my books an honest try.

This practice seems perfectly normal to me. In my “day job,” I regularly write replies. An appeal in California consists of the Appellant’s Opening Brief, a Respondent’s Brief, and an Appellant’s Reply Brief. In the Opening Brief, I tell the client’s story and give it five stars for reversal. In the Respondent’s Brief, the Attorney General gives my opening brief a one-star review. The AG says I’m wrong about the law and the facts and my client couldn’t be more guilty. And then in the Reply Brief, I explain why the AG is “mistaken” and has “overlooked” critical facts, giving the AG a two-star review at best. This whole process is more like a stately dance than an argument. Both sides use carefully chosen professional rhetoric. I suppose my decision as an author to break the “no reply to reviewers” taboo was simply an offshoot of what is expected of me in my “day job.” A lawyer is not supposed to remain silent in the face of a verbal attack on his client.

Recently, I encountered two criticisms of me for defending my novels. Someone on a Goodreads forum said “she answers back,” and in a Facebook forum that had nothing to do with books or reviews or even being an author, a gentlemen accused me of always replying to “one-star” reviews. He meant to vilify me as someone who refused to accept criticism. He had called me “childish” because I had written that I did not think Neil Gorsuch was an appropriate choice as a Trustee of the Williamsburg Foundation. I had replied that I am an attorney and in my professional view, the Foundation made a poor choice. The gentleman then shot back his purportedly damning “childish” label and made it clear that a woman who “speaks out” in any forum is a woman who does not know that “nice” women do not express or defend themselves. “Seen but not heard” was his major premise. And my crime was even greater because I am an author who defends her work. His position was based upon his belief that all Supreme Court justices deserve nothing but unswerving hero worship merely because of their positions on the court. (He should do some historical research on Justice William O. Douglas.) His logic was similar to that of the “good cops are never biased” reviewer. Enough said.

My position is this, right or wrong: I believe that all who participate in the artistic process have the right to be heard. The consumer has a right to describe his or her honest experience with that piece of art, however inaccurate that might be. And I believe that all creators, whether authors, painters, actors, or musicians, have the right to defend themselves and their art under appropriate circumstances and using appropriate words. I don’t think that being an artist takes away the right to speak up in one’s own defense. What do you think?

In Defense of Endings

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Sometimes I stop by the “Reviews” section of my books on Amazon to see how readers are responding to them. I used to do that more often, but I came to see that the “Reviews” portion of each book’s Amazon page was, in truth, the exclusive province of my readers. It is their spot to offer praise, vent their frustrations, or to explain what worked for them and/or what didn’t. The only time I leave a comment in this otherwise off-limits world is when someone says my legal thrillers aren’t accurate about the law. Since I’ve been an attorney since 1981, I think it’s fair to speak in my defense on that subject.

But one reader comment that I have never spoken to in the “Reviews” section is the occasional claim that some of my novels have “contrived endings.” To me, a “contrived” ending does not fit organically into the rest of the story. A deus ex machina is my idea of a contrived ending. Deus ex machina means “god from the machine.” In case it’s been a long time since high school English class, deux ex machine is a plot device whereby a seemingly unsolvable problem in a story is suddenly and abruptly resolved by an unexpected and seemingly unlikely occurrence, typically so much as to seem contrived. That doesn’t happen in my books. The pieces that come together to end the story are laid down, one by one, as I write the novel. I think the readers who find the endings contrived” or “artificial” are missing the clues I’m scattering for them. Here’s a hint: in each one of my books, the ending grows out of the individual identities of the characters and out of the sum of their actions throughout the story. Pay attention to who they are and to what they say and do. When you get to the end, you’ll see that all the pieces of the ending have been in front of you all along.

 

Chaptet Two, Keeping Secrets, A Legal Thriller

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CHAPTER TWO

Tuesday, January 3, 2017, Sussex State Prison, Sussex, Virginia

Tom Brower’s office was too warm, but Brendan didn’t care. The walk from his car to the prison entrance had been excruciating in the cold. Every breath had felt as if he was sucking needles into his lungs.

“Coffee?” Tom filled a styrofoam cup from the Mr. Coffee on the table by the door in his gray, government-issue office and handed it to him without waiting for an answer. He was the third warden Brendan had dealt with since taking over Ed’s case in 1986. He’d held the job for going on ten years.

Tom filled his own cup and sat down behind his big steel desk, littered with stacks of folders. “This is not the way I wanted to start the new year,” he said. “But that’s not news to you. I’ve never had to execute someone whom I’m certain is innocent. Can’t you get a stay?”

“I’ve got associates working round the clock. I called in the team yesterday morning as soon as I got the warrant. We’ve got sixty days. We’ll spend every minute trying to stop it. But you know that.”

Tom sipped his coffee, made a face, and put the cup down on his desk. “Don’t drink it. My secretary can’t count coffee measures. Ed doesn’t know yet, does he?”

Brendan shook his head. “That’s why I’m here.”

“Does he even suspect?”

“I don’t know. We’ve always talked about what we’re going to try next. The last time I was here, we’d lost that habeas writ before the Fourth Circuit up in Richmond.”

“That was new evidence, wasn’t it?”

Brendan sighed. “That’s right. The two witnesses who testified that Ed was having an affair with their roommate admitted that they had lied under oath. They had no knowledge of any affair. It was an important change in their testimony, but the court of appeal didn’t see it as significant.”

He remembered Judge Boyce, the lead judge on the panel in the Fourth Circuit, looking down at him from the bench and shaking his head. “I understand that these women have changed their stories. But I don’t see how that helps your client. The one who told the dean of the law school that your client was having an affair with her and wanted to marry her has never changed her testimony. There was ample evidence of motive, Mr. Murphy. Your client was unhappy with his wife, and he didn’t want the trouble and expense of a divorce, so he killed her.”

Allison Byrd. She’d testified at Ed’s first trial and then disappeared. Gordon had read her very damning testimony from that first trial to the jury in Ed’s third trial as Brendan had watched her claims sway all twelve jurors in the state’s direction. But she had been lying. There had been no affair. There had been no promise to do away with Anne, whom Ed still loved more than life itself. The dean had reprimanded Ed based on innuendo, hearsay, and gossip. Allison Byrd’s lies had put Ed on death row.

“What about a pardon from the governor or commutation of his death sentence to life without parole?” Tom asked.

“We’ve tried, over and over again. Anne’s family keeps buying the governor’s office to make sure that doesn’t happen.”

“Governor Reynolds might listen, though. Ed’s done so much good here. He’s helped the other inmates with their cases. He’s even gotten a couple of death sentences changed to life without parole. ”

“That’s the irony,” Brendan agreed. “He’s been able to save others but not himself.”

“I don’t get that.” The warden frowned.

“It’s the Fairfaxes again. Gordon’s right at retirement age, but he won’t step down because he’s constantly afraid we’ll get another reversal and another Commonwealth’s Attorney will let Ed plead to manslaughter for time served. That would have happened after the second reversal if Gordon hadn’t been the attorney on the file.”

“God, how I hate Gordon Fairfax, then. He’s putting me in an impossible position.”

“I know. He’s stepped way over the line between professional and personal. He called me yesterday to gloat. I didn’t give him a polite response.”

Tom looked out of the window beside his desk and studied the frozen landscape for a few seconds. Then he asked, “Does Ed’s son know?”

Brendan shook his head. “I’m going to tell him as soon as I’ve told Ed. Father Jim is on his way down from Richmond now to be with Ed after I’ve told him. We agreed that I should spend some time alone with him first, and then Jim should be with him.”

Tom looked relieved at the mention of Father James Lamb, the priest at St. Stephen’s in Richmond, who had been coming to see Edward Carter since Brendan took over his case. “I’m relieved to hear that.”

“You’re thinking suicide watch,” Brendan said.

“It’s required. You know that.”

“How long before you take him down to Greensville?”

“Not until a few days before the execution. He’ll still be here for most of his remaining time.”

Brendan studied the icy world that had caught Tom’s attention earlier. His eyes fixed on a puddle in the parking lot that was beginning to melt in the cold winter sun.

Why take lives, he wondered, when trials were such highly imperfect mechanisms to determine the truth? He thought of Emma’s steady dark eyes as he summoned his courage for what he knew he had to do. Medicine more often than law saves lives. At that minute, he wished he’d never made his way from his parents’ farm near Blacksburg to Virginia Tech and then to the University of Virginia Law School.

He felt Tom watching him and brought his gaze back from the melting puddle. “This isn’t going to get any easier no matter how long I sit here. It’s time to go see Ed.”

To see what happens next, click on the image below!

 

 

 

Hello,World. Again. Coming Soon, A New Legal Thriller.

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Hello, World!  I’m back.  I didn’t plan to be away so long.  A lot has happened since I last was regularly posting.  First, I finished and published Dark Moon, A Legal Thriller, chapters of which I posted here as I worked on the book.  My heartfelt thanks to everyone who read those early posts and to everyone who has since purchased and enjoyed the finished product. A special thank you to everyone who has written to me about his or her experience with Dark Moon.

 

Then in August of last year, I published my second legal thriller, The Death of Distant Stars.  Whereas Dark Moon is the story of a criminal trial, The Death of Distant Stars is about a civil trial, a wrongful death suit that Kathryn Andrews brought against the pharmaceutical company that made the drug that killed her husband, Tom.  Again, my thanks to everyone who has enjoyed Distant Stars, and my deepest thanks to everyone who has taken the time to write to me.  It is the best thing in the world to wake up to an email from a reader who has enjoyed one of my books.
My characters have a way of refusing to go away at the end of a novel.   Sarah Knight, one of the central figures in Dark Moon, came back in Distant Stars to defend Hugh Mahoney, who was accused of obstruction of justice.   Hugh, who sees the world differently after his experiences with Kathryn and Sarah in Stars, is returning in my latest legal thriller, Mirror, Mirror.   Although he plays a smaller role in this book, the way that Sarah did in Distant Stars, his brash, hard-charging personality is once again on display.  Hugh, like most of my characters, is not black or white but many layers of gray. Carrie Moon, ex-wife of the formidable Howard Morgan, of Ride Your Heart Til It Breaks, also has a minor role in Mirror, Mirror.  For all the readers who thought she was a silly wimp to stick with Stan Benedict, you’ll discover what Carrie is really made of.
The hero of Mirror, Mirror is Jeff Ryder, who at thirty-three, is on top of the legal world as the story opens. He is on the verge of making partner at Warrick, Thompson, and Hayes, the law firm you all first met in Ride Your Heart.  But Jeff is knocked off his perch on the day that he wins one of the biggest cases of his career, and his downward descent is rapid and terrifying until he finds himself in jail, accused of four murders, and with an alibi that he cannot use because it will destroy the woman Jeff loves.  More next time.

 

 

Dark Moon, A Legal Thriller, Chapter One

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Dark Moon - FINAL - 1600x2400

Preorder for release on March 9 at http://www.amazon.com/Dark-Legal-Thriller-Deborah-Hawkins-ebook/dp/B01BTR8Q44/

CHAPTER ONE

First Weekend of August 2013, Friday Night, La Jolla

She was sitting at the bar, staring at the full moon over the glass-smooth, night-black Pacific. Her back was toward him, but Jim Mitchell could see her reflection in the mirror behind the bar. Her dark hair was very short like a child’s pixie cut, and she was all eyes. They were the saddest brown eyes he had ever seen as they gazed through the window at the blank ocean.

Judging by her long, elegant legs and graceful posture, he guessed she was a model or a dancer. But no, he told himself. Models and dancers don’t hang out at La Jolla’s exclusive Trend Bar in conservative black couture suits and impossibly expensive white silk blouses. She was obviously a business woman. A retired model, he decided, who now ran her own modeling agency. He was glad he’d worn his business casual tan chinos and thrown his navy sport coat over his white oxford shirt. She didn’t look as if sloppy appealed to her.

She was lost in thought, and she didn’t turn when he slid onto the seat beside her. He wondered what such a beautiful woman was doing alone on a bar stool at nine p.m. on a Friday night, and he wondered how many of the losers several stools away had tried to gain the place he now occupied. And he wondered how long she would let him hold it.

“Mind if I sit down?”

“Help yourself.” Her eyes riveted on his, still sad but now guarded. He noticed a long scar snaking across her left cheek. He guessed it must have ended her career in front of the camera. She watched him glance down at her left hand.

“If I were married, I wouldn’t be here.”

“Me, either.” The bartender shifted from one foot to the other, waiting for his order. “Martini, two olives. And may I get something for you? Your glass is just about empty.”

“Another one of my usual.”

Satisfied, the bartender scurried away to earn his tip.

“If he knows your usual, you must come here often.”

“Not an original pickup line. Besides, you had me at ‘mind if I sit down.’ My office is just down the street. I like to come by on Friday night to wind down.”

“But happy hour is long over.”

“I don’t do happy hour. Too crowded.”

“Me, either.”

“Is your office just down the street, too?”

“No. I work out of my home in Pacific Beach.”

“Then why aren’t you in a bar in Pacific Beach?”

“Too loud. Too noisy. And I’m too old.”

He saw the first glint of amusement in her dark eyes. “You don’t look too old.”

“I’m forty-two. That’s too old for twenty-something coeds.”

She laughed, a deep honest laugh that he liked. “I know plenty of men your age who wouldn’t agree with that.”

“They have their preferences. I have mine. If I feel like a drink on Friday night, I drive up here. What about you? You could be down in PB with the party crowd.”

Her eyes became serious, but her tone remained light. “Too old, too.”

The bartender appeared with their drinks, and he noticed her “usual” was red wine.

“To Friday night! I’m Jim Mitchell, by the way.” He held up his glass.

“Sarah Knight.” And she lightly touched his glass with hers.

Afterward he said, “I’m not believing the ‘too old’ stuff about you.”

“Thanks, but it’s true. I’m four years ahead of you.”

“You look ten years behind me.”

She smiled. “I’ve finally reached the point where that’s an advantage.When I first started out as an attorney, no one took me seriously.”

“You’re an attorney?”

“Don’t sound so surprised. Lots of women are these days.”

“No, no. I didn’t mean that. I took you for a former model, now head of her own agency.”

Sarah threw back her head and laughed. “Now that’s a first. Thank you, I think. Ever heard of Craig, Lewis, and Weller?”

“Sure. They’re big time rivals of my old man’s stomping grounds, Cravath, Swain, and Moore.”

“Well, I went with Craig, Lewis out of law school– ”

“Which was Harvard, I bet.”

“Wrong, Yale. And I became a partner in their white-collar crime section eleven years ago.”

“A woman who looks like a model and who does white-collar crime. This has got to be a movie. I would never have guessed.”

She smiled. “I think looking like a kid gave me an advantage in front of juries, particularly with the female jurors.”

“So what brought you to San Diego?”

“I got tired of New York winters.”

“I can relate to that.”

“If your dad was a Cravath partner, you obviously grew up in New York.”

“Well, not in the city. We had the regulation big house in the Connecticut burbs.”

“And you are Jim, Junior, and your father wanted you to follow in his footsteps.”

“Now, I think you’re psychic. James Chapman Mitchell, III. He sent me to Andover because it was his prep school, and he sent me to Brown because it was his college, but I rebelled and went Georgetown because it wasn’t Harvard, his law school.”

“And did you go to work for Cravath?”

“For one miserable year. And then I joined the FBI.”

“It’s difficult to see that as an act of rebellion.”

“As far as my father was concerned, it was.”

“Why’d you pick the FBI?”

“I wanted to put the bad guys away. I thought it would give some meaning to my life.”

“And did it?”

“Too much meaning as it turns out. I got very caught up in my work. Finding a lead in a cold case was like an addiction. But my partner, who was single, had no trouble leaving work at six o’clock to hang out with my wife, who was tired of sleeping alone.Five years ago, Gail handed me the divorce papers and put Josh’s ring on her finger instead of mine.”

“Sounds tough.” Her eyes were unreadable again.

“The toughest part is being away from my son, Cody. He’s thirteen, and I only get a few weeks with him every summer. He’s just gone back to Baltimore where his mother lives. What about you? Ex-husbands? Children?”

“No time. Remember I made partner at a Wall Street firm at thirty-five. I couldn’t date my clients, and I don’t like office romances. That left the dry cleaning delivery boy and the kid who brought Chinese takeout when I got home before midnight. And I don’t do younger men.”

“Darn. And I was just getting ready to proposition you.”

“An ex-FBI agent propositioning a criminal defense attorney? In what universe?”

“This one. I’m a private investigator now. I had to leave the Bureau after Gail married Josh. I saw and heard too much, and I couldn’t take it. I’m still in love with Gail, in case you haven’t noticed.”

“I noticed.”

“I moved out here to get a fresh start. I literally closed my eyes and stuck a pin in the map. And San Diego it was. Here’s my card. I’m really good. You never know when you might need an outstanding gumshoe.”

She took the card in her long, graceful elegantly manicured fingers and studied it for a moment. She seemed to be thinking something over. Finally she said, “Actually, I do need someone.”

“I can’t believe my luck.”

“You might not think that when I tell you about the case.”

“Try me.”

“Do you know who Alexa Reed is?”

“Sure. The daughter-in-law of United States Supreme Court Justice Coleman Reed. She was arrested on June 3 for the murder of her husband, Michael, who was a partner at Warrick, Thompson, and Hayes, and a psychologist, Ronald Brigman. She and Michael were locked in a bitter custody battle for their two children. Brigman seems to have been on Michael’s side. The papers say Alexa was losing custody even though she had given up her career at Warrick, Thompson to be a stay-at-home mom. She snapped and killed Brigman and her ex.”

“I was appointed to represent Alexa today.”

“Wow! That’s going to be a tough one.”

“You have no idea. There’s a lot more, but I can’t talk about it here in public.”

“Of course not.”

“Are you in?”

“Definitely. Hey, I know a great little restaurant where we can talk. Tomorrow night at seven.”

“Ok. And where would that would be?”

“My place. Here’s the address.”

* * *

First Weekend of August 2013 – Saturday Night, Pacific Beach

Her second thoughts about Jim Mitchell began the moment she walked out of Trend, and they continued as she rang the bell at his Pacific Beach bungalow the following night. The house stood out from its beige stucco neighbors in a fresh coat of olive green paint with bright red begonias smiling from the flowerbeds. Not only did he seem strong and wise, seasoned in the ways of the world and his own man, he also appeared to have an artistic streak. She liked him; but, at the same time, she questioned her decision to hire him. This was a new experience for her. She had advanced in the competitive world of Craig, Lewis because she was smart and because she had excellent judgment. She rarely had any reason to think twice once she’d made a decision.

But Jim presented a number of challenges beginning with his dark hair, decisively dimpled chin, and firm, square-jawed good looks. He was six feet, two hundred pounds of well-honed muscle that any woman would have found attractive, and she never dated or slept with anyone she worked with. It was a rule set in stone. And even though Jim’s background meant he knew his way around the tough world of criminal defense, he had the kindest brown eyes she had ever seen. Their empathy tempted her to open up about herself in a way she would never have considered with anyone else. But never looking back was another implacable rule. Finally, his honesty about his responsibility for the loss of his marriage and his love for his former wife surprisingly tugged at her heart, an organ that was nearly impossible to touch after years spent turning herself into one of the toughest lawyers on Wall Street. So Sarah considered telling Jim Mitchell the deal was off as soon as they had settled down to dinner on his charming patio in the remnants of the soft summer evening scented with ocean breeze and night-blooming jasmine.

But she hesitated. He was not the average private detective. Even his dress that night was not average California casual. No slouchy knit shirts and faded jeans. Instead, he wore an I-mean-business blue oxford cloth shirt, sleeves rolled back to the elbows, and impeccable tan linen slacks. Everything about him broadcast confidence and professionalism. If she searched the entire West Coast for an investigator to work on behalf of Alexa Reed, she couldn’t do better than Jim. And loyalty to her client was, according to the cannons of legal ethics, her top priority.

“Where did you learn to cook like this?” She had just tasted the lamb chops in a delicate mustard cream sauce with tiny peas and braised leeks.

“You were expecting steaks from the butane grill.” His eyes teased her.

“Most definitely. You do not look like a sous chef.”

He grinned. “Thank you, I think. My mother came from old money. Her father was an investment banker and a Cravath client. She insisted on having a professional chef. I liked hanging out in the kitchens and learning about cooking. Drove my old man nuts because he was afraid I’d go to culinary school.”

“You’d have been very successful.”

“Doubtless. But in the end, I wanted to catch the bad guys more.” He smiled. “My cooking skills came in handy when I was living on a government salary and couldn’t afford five-star restaurants.”

“And now you can?”

“In theory. My father died three years ago and left me, his only child, his fortune along with my mother’s money. In trust, of course. But the monthly payments have made me financially independent. It’s unlikely I’ll ever need to touch the capital.”

“So why keep working? And on the side of the bad guys?”

“I keep working because I love doing investigations. Every one is a new story, with a new plot, and new characters. And the clients aren’t ‘bad guys.’ They’re innocent people I’m keeping out of prison. I’m still on the side of justice. Tell me about Alexa Reed.”

Sarah sighed and traced patterns on the base of her wine glass with one finger.“In the interests of full disclosure, I should let you know I didn’t want this case.”

“How’d you get it, then?”

“When I left Craig, Lewis and set up shop out here alone, I brought a few clients with me who are based in Los Angeles. One was accused of masterminding a Ponzi scheme, two others were indicted for insider trading, and the fourth was on the hook for racketeering.”

“Isn’t defending clients under the Racketeer Influenced and Corrupt Organizations Act a speciality of yours?”

She felt herself stiffen and hoped he didn’t notice. “I’ve done a few RICO cases, that’s true.”

“But you won one of the most influential and toughest cases of all time, the Joey Menendez case.”

Sarah’s mouth went dry at the name, and she gulped a sip of wine to make her tongue work. “How’d you know about Menendez?”

“It’s famous throughout law enforcement. You persuaded a jury to acquit the head of the Menendez drug cartel of six counts of murder for hire and twenty counts of extortion. No one ever thought that would happen, including the U.S. Attorney who opposed you. What’s wrong? You look upset.”

“No. Of course not.” But she gripped the base of the wine glass to keep her hands from shaking. He was violating one of her iconoclastic rules: don’t look back. She needed to change the subject quickly. “Anyway, I didn’t want to defend Alexa Reed.”

“So then how’d you become counsel of record?”

“In a word: blackmail. Last month I settled all but one of the four cases I started with. I’ve picked up one or two new ones as I’ve gone along, but they are all out of L.A. I haven’t developed any business in San Diego. So I put my name on the list of attorneys willing to accept trial court appointments for indigent defendants. Yesterday morning, Hal Remington, who heads the appointments panel, called and insisted I come to his office at ten a.m.”

“He couldn’t offer you the case on the phone?”

“Apparently not.” Her hands had stopped shaking, and she paused to fortify herself with a sip of wine.

“So what happened?”

“I found his office in the basement of the old Justice Building on the third try. They’ve hidden it pretty well. Remington turned out to be a scruffy version of Icabod Crane, slouched behind a desk so covered in paper, I doubt he’s ever filed anything in his entire career. He told me he was appointing me on Alexa Reed’s case, and I said no.”

Jim leaned over and poured more Australian shiraz into her class as he asked,“And then?”

“And then he said if I didn’t take the case, I’d never work in this town. He’d personally guarantee it. I didn’t know whether to believe him or laugh in his face.”

“I hope you believed him.”

“What do you mean?”

“People have their own way here. Money and influence talk.”

“But surely they follow the state bar’s ethical rules just like everyone else?”

“Some do. Some don’t. Have you ever heard of Patrick Frega?”

She shook her head.

“He was a San Diego attorney. Back in 1992, he was caught by us feds bribing two very willing superior court judges. They all three got disbarred and sentenced to federal prison. What did you tell Remington after he threatened to blackball you?”

“I told him I couldn’t take the Reed case because I’m not death-qualified in California. Alexa is facing the death penalty because it was a double murder.”

“And then what?”

“Remington said my death qualification in New York was enough, and I’d better take the case. Then he leaned over his desk and said, ‘For a woman who graduated number three in her class at Yale, you’re kind of dense. You’re getting this case because you aren’t qualified, and you’ll lose it because that’s exactly what Coleman Reed wants. He wants the woman who killed his son to die by lethal injection as quickly as possible. You and twelve citizens of this city are going to oblige him. You were hand picked because you look qualified, but you aren’t.”

“He actually said that?”

“I wish I’d been wearing a wire. I asked him what made him think I’d lose; after all, I did graduate number three, and I’m a quick study.”

“And?”

“And he said, ‘Yeah, you were editor of the law review at Yale. Big f’ing deal. That means nothing in this town. I’m It when it comes to handing out defense work. You want to survive professionally? Better not win Alexa Reed’s case.’

“When I reminded him that was unethical, he laughed and said, ‘Then go tell the state bar. You’ll never prove a word out of my mouth. There’s only me and you in this room, and I’ve been appointing lawyers for twenty years. Everyone knows me, but you’re some New York hot shot who doesn’t belong here. It’s my word against yours, and mine will win. Why don’t you go back where you belong?”

“Wow. So you took the case?”

“He made me angry. I could see if I didn’t take it, she’d never get an attorney who’d give her a fair defense.”

“Who represented her at the preliminary hearing?”

“Trevor Martin. I picked up her file from his office yesterday, but I didn’t get a chance to talk to him. I read his withdrawal motion. He claims his mother has inoperable brain cancer, but I think he just doesn’t want anything to do with Alexa Reed.”

Jim reached over to refill her glass one more time, but she put her hand over it. “No, thanks. I’m driving.”

“You can stay here. I have a guest room.”

She looked through the open french doors into his living room, full of an eclectic mix of old and new furniture, antiques, and Ikea pieces. Maple and mahogany and a few painted chairs and chests here and there. Cozy and comfortable. The kind of room you’d be tempted to put your feet up in and snuggle into a soft throw on the sofa. Jim was probably like that, too. Safe and comforting. She reminded herself she didn’t get close to men like Jim. She had one-night stands with married men, and men she’d never see again. But men who were capable of relationships were dangerous to the self-contained, tightly controlled world she had created.

Her dark eyes locked onto his mellow, softer ones. “No, thanks. And let’s get one rule very clear: I never sleep with anyone I work with.”

“I wasn’t inviting you into my room. There really are two.” He grinned, and the tension broke. “Now, tell me what we’re up against.”

“June 2 was a Sunday night. Meggie, who’s six and Sam, who’s five, were with their father at his house on Mount Soledad in La Jolla. Alexa was alone in her rented place in Pacific Beach. Ronald Brigman, who lived about ten minutes away from Michael, had a surveillance camera recording traffic at his front door. The video footage shows Alexa arriving alone at nine p.m. but doesn’t show her leaving. Brigman was killed around eleven, and Michael was shot about twenty minutes later. Around eleven- fifteen, Meggie’s cell phone called Alexa’s. Alexa’s phone pinged off a cell tower that shows she was close to Ronald Brigman’s when Meggie called. Within ten minutes of the call from Meggie’s phone, Alexa’s cell was dialing 911 from Michael’s house. She told 911 she’d arrived to check on the children and had found him dead. The Glock .9 millimeter used in both murders was registered to her and was found next to Michael’s body. There were two DNA profiles on the gun: hers and Michael’s. Ballistics show five bullets in Brigman, and four in Michael, all from that Glock. That’s all I know so far. I’m meeting with Martin at ten on Monday morning.”

“Do you want me there?”

“No. I don’t expect him to be a witness in her case, and he’ll open up to me better if we’re alone. But I’m going to the jail to see Alexa on Tuesday afternoon. I’ll need you then. Two o’clock”

Dark Moon, A Legal Thriller

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Now available for Pre-Order on Amazon with the introductory price of $0.99 – Dark Moon, A Legal Thriller. – Release Date, March 9, 
Amazon link, click here

Legendary criminal defense attorney, Sarah Knight, has spent all of her forty-six years hiding the unspeakable secrets of her past. Now, newly arrived in San Diego from New York, she is appointed to represent Alexa Reed, a former U.S. Supreme Court clerk and the daughter-in-law of Supreme Court Justice Coleman Reed. Alexa is arrested for the murders of her ex-husband, attorney Michael Reed, and La Jolla psychologist, Ronald Brigman. During bitter divorce proceedings, Brigman has declared Alexa’s reports of Michael’s domestic abuse false, has diagnosed her with borderline personality disorder, and has given Meggie and Sam, ages six and five, to their abusive father. Alexa’s gun was the murder weapon and her cell phone places her at the scene of the murders. Sarah is warned that doing anything more than the minimum for her client will be professional suicide. Coleman Reed wants Alexa sentenced to death without delay. But Sarah and her investigator, ex-FBI agent Jim Mitchell, refuse to be intimidated even after attempts on Sarah and Alexa’s lives. They discover Michael Reed’s taste for high-priced call girls and his entanglement in an extensive pattern of criminal financial dealings. But when Coleman manipulates the trial judge to exclude Sarah’s star witness on the eve of trial, she must risk discovery of her own terrible secret to save Alexa’s life.

The Real Diana Tapes – The Peter Settelen Controversy

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A couple of weeks ago, I wrote about the experience of using Princess Diana as a minor, but important, character in my first novel, Dance For A Dead Princess. Some readers have understood that I wanted to preserve my own view of Diana in the book. She was a beautiful, naive, young woman, looking for love with an older man after an emotionally barren childhood. But instead of creating a family to nurture, as she wanted to do, she was badly used by her husband, who was chronically and openly unfaithful, and she was abused by the institution of monarchy which her marriage was designed to serve. For the trouble she took to produce two princes and two royal heirs, she was later unfairly labeled unfit and unstable by Charles and his supporters in divorce proceedings.

Some readers are put off by Diana’s presence in Dance For A Dead Princess. In their opinion, even mentioning her is somehow exploiting her memory. But that view is very short sighted because if we don’t mention her, we forget her. And forgetting her is exactly what institutional monarchy wants us to do. Charles, who never made a place for Diana in his life, has filled the place that should have been hers with the woman who destroyed Diana’s marriage. And now the party line is to forget about Diana altogether and to criticize anyone who mentions her favorably as exploitive.

I came across this type of criticism recently when I discovered the work of Peter Settelen, a British actor and voice coach. In 1992 and 1993, Diana hired Settelen to help her improve her public speaking. Tapes of her early speeches demonstrate she had little skill as a speaker at the beginning of her career in public life. But after working with Settelen, she improved dramatically.

When Settelen began to work with Diana, he told her she would have to find her own authentic voice if she wanted to excel at public speaking. To that end, he recorded a series of sessions with her in which she described the events of her life. They are charming and candid, and well worth watching. And they reveal the side of Diana that my fictional character, Nicholas Carey, knew and loved and desperately missed as the novel opens.

Settelen has been criticized, of course, for making the tapes public. He had to go to court and fight to get them back after they were found in Paul Burell’s attic. Earlier, Settelen had been told the tapes had been destroyed.

Settelen candidly admits they were meant to be private teaching tools. But, as he also says, Diana did not know she was going to die; and the opportunity to hear the story of her life in her own words is a powerful way preserve her memory. The tapes Diana made with Settelen are well worth a listen. And listening to them explains why my fictional character Nicholas was driven to preserve Diana’s memory at all costs out of loyalty to his greatest friend.

Here is the YouTube link, the Diana Tapes with Peter Settelen.   What do you think of the tapes?  Did Settelen do the right thing to publish them?

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Dance For A Dead Princess: Nicholas Carey on Heartbreak

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The Grosvenor Hotel, London

The Grosvenor Hotel, London

Last week, I explained why I was drawn to use Diana, Princess of Wales as a fictional character in my first novel, Dance For A Dead Princess. Although I am ten years older than Diana, my life paralleled hers in certain ways in the early and mid-eighties. I had three children, just a little younger than Diana’s boys; and like Diana, I was enduring the heartbreak of a disastrous marriage and acrimonious public divorce during those years. As Diana had to learn to tread lightly through the legal thicket that surrounded her in order to keep her children, so I, too, had to learn how to thread the narrow path through the court proceedings that would allow me to raise my beloved children. For me, and I am sure for her, those were terrifying and desperate times.

Like Diana, I longed for a comforting male presence in my life, someone to take the sting out of being reviled in public by the father of my children. But that proved as impossible in my life as it did in Diana’s. The men who came into the princess’ life eventually departed, tired of the glare of the media and ever-present lens of the paparazzi. In my own case, no man was willing to risk more than ten years of constantly being threatened with character assassination in a courtroom at the blink of an ex-husband’s disgruntled eye. I could understand, of course. I wouldn’t have chosen to live that way, either. If I’d had a choice.

In Nicholas Carey I created for Diana the kind of male friend I had longed for. Attractive, intelligent, witty, and always on her side. Although Taylor Collins initially sees Nicholas as an arrogant womanizer, on the morning that Taylor has been dumped yet again by her former fiancé, Chris Hunter, she suddenly sees the Nicholas Carey that was Diana’s steadfast friend in every heartbreak. My favorite scene in Dance is the morning after Taylor has spent the night crying over Chris’ engagement. Nicholas shows up early and uninvited at her hotel to comfort her.

From Chapter Ten of Dance For A Dead Princess:

She awoke at nine thirty the next morning to a hangover and someone knocking on the door of her suite. Painfully she got out of bed, tied on her robe, and headed through her sitting room. When she opened it, Nicholas Carey was standing in the hall in his power overcoat with two cups of coffee in paper cups with lids and a brown bag.

“I thought you might need these.”

Without a word she stepped aside, and he entered. He walked over and put the food and drinks on the coffee table. Then he took off his overcoat and laid it over the ottoman. He was dressed for the office in a gray suit, white shirt, and dark blue tie.

“Come sit down and have some coffee. I guessed you were a nonfat latte fan. And the muffins are blueberry. Everyone likes those. I know it was a rough night, and you look like it.”

“My head is pounding.”

“Coffee, then. Drink up.”

Taylor felt as detached as if she were still dreaming. Something horrible had happened yesterday. Oh, yes. Chris. And Allison. A New Year’s Eve wedding. Her eyes suddenly teared up.

Nicholas held out a white handkerchief bearing the ducal arms. “Thought you might need this, too.”

Get a grip, she told herself, as she wiped her eyes. No more crying. Especially not in front of Nicholas Carey. She took the paper cup he offered and sat down on the sofa. The coffee was rich and strong. He was right. She needed it.

He opened the bag and offered her a gigantic muffin on a paper napkin. “You need some food, too.”

But she waived it away. “Can’t.”

“Just a few bites. My guess is you didn’t eat much for supper last night.”
“How did you know?”

He sat down next to her and sipped from the other cup. “I’ve had a lot of practice with The Morning After. The women in my life, particularly Diana, had a knack for getting their hearts broken. I’m the steady shoulder to cry on. Come on. You aren’t going to feel better unless you eat a little something.”

Taylor broke off a piece of muffin and nibbled at it as she sipped coffee. “Thank you. For the call last night and for coming this morning.”

“As I said, recognizing a woman about to be hurt is my speciality.”

“But aren’t you guilty of that, too?”

“I’d like to think I’m not. But I do have a substantial string of ex’s. I can honestly say they all saw the breakups coming because they were always over the same thing.”

“And that was?”

“Marriage. A woman gets restless after a couple of years if she doesn’t get an engagement ring. And I’ve no intention of ever getting married again. I gather whatever happened last night took you by surprise?”

The coffee was beginning to bring Taylor into focus. “It did.”

“Do you want to talk about it?”

She sighed. “No. But I guess talking about it makes it go away sooner. And I want this to go away.”

* * *

In Chapter Ten, I gave Nicholas  the opportunity to demonstrate he’s the perfect friend with lots of experience in comforting beautiful women with broken hearts. And he is disarmingly honest about his own breakups. For Taylor, as devastated as she is over losing Chris, her Morning After with Nicholas is the turning point in their relationship.

Diana, Princess of Wales, in Fiction: Crass Commercialism or Loving Tribute?

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Even before the name of the new little princess was announced, I, like many others, wondered if she would be called after her grandmother, Diana. Diana was thrust onto the world stage at age nineteen, a bit gawky, a bit naive, but utterly charming and sincere. By age twenty-three, she was the mother of two children, one a future king. By the time she died in Paris, at age thirty-six, she had grown into a beautiful, compassionate woman, anxious to be a healing and unifying influence in the world.

After Diana died, I found I missed her although we had never met. While she was living through her disastrous marriage and divorce in the glare of world wide publicity, I was living through my own marriage and divorce nightmare on a smaller, but nevertheless, public scale. On the days when I had to wait to check-out at the grocery story, I used to read the tabloid headlines written by Prince Charles’ supporters, accusing Diana of mental illness and instability; and I would comfort myself with the thought that at least no reporters were sitting in the courtroom to hear the man I’d married say exactly the same things about me. Although it was a public courtroom and anyone who walked in could have heard how, by having three children whom I loved more than life itself, I had maliciously morphed from an academic over-achiever who graduated Number Two in her law school class into a dangerous, crazy, lying freeloader. I felt a bond with Diana, although I was unenviably poor and she was enviably rich, because I realized that access to all the money in the world could never make up for the pain of having the father of your children heap lies and disrespect on you in a public forum.

When Diana died, I felt as if I’d lost a friend. And as the years passed and Charles and his publicists pushed Diana and her memory farther and farther into the background to replace her with Camilla Parker-Bowles, I wondered how many people remained who, like me, thought of Diana, not as a clothes horse or as a Royal Highness, but as a beautiful, loving woman, unfairly used and demeaned by a powerful and wealthy family.

My first novel, Dance For A Dead Princess has many themes, but one of the most prominent is the power of an aristocratic family to control its members. Nicholas Carey, the heredity duke, who is the hero of Dance for A Dead Princess, was forced to return from America when he was only sixteen to assume the position of heir to the dukedom, although given his choice he would have gladly remained in New York and studied to become a concert pianist like his mother. Diana was also affected by the power of her aristocratic family at a very young age when her father wrested custody of his children from their mother, leaving Diana and young Charles to be raised by nannies at Althorpe while grieving their mother’s loss.

Another central theme is the toll an unhappy marriage takes on the individuals involved. Having been unhappy in childhood, marriage for both Nicholas and Diana represented the chance to form happy unions of their own. For them, marriage was a chance to love and be loved rather than to be used as pawns on their aristocratic families’ chessboards. But Nicholas and Diana’s hopes were dashed yet again. Nicholas’ wife, Deborah and Diana’s husband, Charles, turned out to be powerfully in love, but not with their spouses. For Nicholas and for Diana, having lost the chance at a happy childhood, the loss of the opportunity to have a happy marriage was a second and even more powerful blow.

Some readers interpret Diana’s presence in Dance for a Dead Princess as an attempt to make believers out of the conspiracy theory of Diana’s death or as a crass attempt to sell books because her name is in them. But neither was ever my intention. I brought Diana into the book to keep her memory alive and to remind the world of the tragedy of her life. She was a beautiful, loving woman who was denied the thing she most longed for: the chance to create a loving family for herself, her husband, and her children. At one point in Dance, Nicholas observes how unfair it was for Diana to be called unstable and mentally ill all because she wanted what every wife wants, to have her husband to herself.

The haunting tragedy of Diana’s life was what I hoped every reader would take away from Dance. In the Prologue, the reader encounters Nicholas in Paris where he is grieving the loss of his beloved friend and the mutual support and companionship they offered each other in their isolated, unhappy lives. Nicholas stares down at the Place d’Alama Tunnel, thirteen years after that fateful August night, deeply longing for one more chance to talk to Diana. “How many nights had he spent talking to Diana about his marriage, about her marriage, about his guilt over Deborah and about the impossibility of being in love?” And he wonders how his friend felt as death approached. “ . . . What had she felt as she slipped away from everyone who loved her? Had she struggled against it, as Deborah had? Or had her torn and broken heart quietly accepted her fate? No, he doubted that. She’d have fought to stay with her boys.”

Whether or not there was a historical conspiracy to assassinate Diana is not the point of Dance. The role of the conspiracy in the plot is to give Nicholas an opportunity to express his unbearable grief over the loss of both Diana and his wife. Aching from all that loss in his life, Nicholas vows to expose Diana’s assassins, not as an act of vengeance, but as means of expressing his soul crushing sadness. And ironically, through this one, last powerful expression of grief, Nicholas meets Taylor Collins, the one woman who has the power to give him what he has always longed for, but has never had.

Ride Your Heart ‘Til It Breaks, Chapter Nineteen

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CHAPTER NINETEEN

January, 1995

The Harper Biotech deal hit a sudden snag during the end of January. The accountants decided the company’s assets had been overvalued and ordered a new look at all their holdings to see if the proposed stock split would survive Securities and Exchange Commission scrutiny. Karen cooled her heels in her office for a week, waiting impatiently for them to agree on their final numbers.

But as she sat by her telephone day after day, she wasn’t holding her breath for the call from the Harper accounting department. Instead, she was thinking non-stop about Stan. Where was he? What was he doing? Who was he with?

She knew his habits well enough during the evening and the first hours of dawn, but she had little idea what he did with himself while she was at work. Pictures of Stan with Lara Beaumont began to torment her. Did they sleep together? Eat in the small cafes around 4th and G? Walk by the bay? The thought of Lara doing everything she wanted to be doing with Stan herself was pure torment.

The Harper executives got their numbers together and demanded almost non-stop meetings in the last days of January. Karen sat through seemingly endless discussions about asset values, the corporate pension plan, and executive compensation. She tried to focus as the suits argued with each other, but her mind was on Stan.

Alan came into her office, white-faced the morning after the most heated Harper exchange yet. They wanted an absolute guarantee from Karen that the numbers they had put together would support the stock deal. She knew she had to give an opinion; but her thoughts had been elsewhere during the debate, so she put them off to everyone’s great displeasure.

“What’s going on?” Alan demanded as he closed her office door, always a bad sign. He threw a proof of the stock prospectus on her desk. It landed with an ominous thud.

I’m not going to talk about Stan and my private life, she told herself as she prepared for the confrontation. She expected Alan to berate her for her evasion the day before. She picked up the prospectus and immediately felt her face go as white as Alan’s. “Oh, no!”

“Exactly! The asset and debt numbers are transposed. According to this, Harper is ready for bankruptcy, not a stock deal. How in the hell did you let this happen, Karen?”

By obsessing over Stan and Lara Beaumont. Keep your composure, she reminded herself. Stan is not the only one trained as a performer. Even if it’s bad, make it look good. “It happened because there have been too many changes coming at me too fast.” Not a bad lie, she reflected. “These haven’t gone out to anyone.”

“No one from Harper has seen them?”

“No.” She said a silent prayer of thanks as she spoke. The Harper people hadn’t been happy when the proofs weren’t handed to them yesterday. She was weak with relief that she had obeyed her instincts against Harper’s displeasure.

Alan became visibly calmer. “Then let’s round these up and destroy them and get the correct ones in the client’s hands as fast as we can.”

“Not a problem.” She just wanted Alan out of her office, so she could drop her professional mask and let herself feel the terror and relief sitting side by side in her heart.

He opened the door but turned before he left. “Are you going to give them an opinion today? Can this deal go forward? If you don’t give them an answer, they’re going to pull out and take this back to their usual securities counsel in New York. Make up your mind, Karen.”

As soon as the door closed, she folded her arms on her desk and put her head down. She wanted to cry, but she might be discovered. She had come within a tenth of an inch of ruining not only her chance for partnership, but her career. If Harper had seen those transposed numbers, she would never have lived it down.

I have to get myself together. I have to make some decisions. I don’t have enough time to spend with Stan. I don’t even know what he does all day, and it’s driving me crazy. And I hate this job. I hate this place and this firm, and Alan Warrick’s smug, self-righteous face. I’m only a money-making machine to him.

Her thoughts raced like a runaway freight train. She stared out of her glass walls at the city and the bay below and waited until her emotions began to clear.

She wanted to jump up and run straight back to the loft and into Stan’s arms. If he was even there at ten a.m. He’d played another early morning gig on a different television station also with Lara, and she imagined them now lingering over brunch. Whenever she objected to those after-gig rendevous, Stan reminded her indignantly of Lara’s connection to Deanna.

An aircraft carrier was moving slowly across the bay, accompanied by its helicopter escort. Karen watched its stately progress as she considered what to do.

Lately Stan had taken to sitting up alone, sometimes after they made love, sometimes as soon as he got back from the club. He would sit with a bottle of wine in front of the pointless blue glow of the muted television.

I need to spend more time with him, she thought. He’s alone too much. And seeing him on stage at night and for a few hours between midnight and dawn isn’t enough to know what’s really going on. We need more time together. Lots more time.

Something had to change in her life, she decided as she saw the big ship round the bend by Point Loma, break free of the chopper escort, and move into the open ocean. I have to break free, too. Something has to go. Stan or Warrick Thompson. The choice was easy.

The decision sent a wave of pure joy through Karen. She turned back to the Harper deal on her desk, her mind now focused on the legal issues in front of her. I’ll see this through, and then I’ll tell Alan I’m leaving.

And what will you do, then? A voice in her head spoke up.

Karen smiled. Music. I’ll go back to music. I’ll take Harry up on his offer to play at the club. I’ll work as hard at something I love as I do at this stuff that I dearly hate. Stan won’t be able to say I’m not a performer. And he’ll look at me on stage the way he looks at Lara Beaumont.

Karen summoned her secretary. “Tell Alan we can meet with the Harper executives this afternoon to give them the green light on this deal. And make sure every one of those faulty prospectuses is in the shredder within thirty minutes.”

The entire ebook of Ride Your Heart ‘Til It Breaks is available for purchase at Amazon. com, http://www.amazon.com/Ride-Your-Heart-Til-Breaks-ebook/dp/B00RDJQB8Q. Deborah is also the author of the award winning novel,Dance For A Dead Princess, http://www.amazon.com/Dance-For-Dead-Princess-ebook/dp/B00C4HP9I0