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Dark Moon, A Work In Progress, Chapter Thirteen

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CHAPTER THIRTEEN
Jim drove Jordan to the train in Solana Beach that afternoon. Despite her protests she didn’t need any help, he carried her overnight bag across the parking lot to the gunmetal gray, half-cylinder station, surrounded by red, white, and blue Amtrak kiosks and a single coffee vender under a green umbrella with gold fringe.
“Thanks for putting me up,” Jordan said. “You were right about the breakfast. Michelin would give you six stars if they knew about you.”
Jim grinned. “For that I have to buy you coffee. You’ve got time before the train, and Amtrak isn’t stellar in the coffee department.”
They stood by the chain link balcony overlooking the tracks below, basking in the mild afternoon sun and the cool salt breeze as they sipped lattes from paper cups with lids shaped like toddlers’ tippee cups.
“Sarah is taking this loss pretty hard,” Jordan observed.
“I haven’t worked with her long enough to know how she usually reacts.”
“She’s normally unphased. Actually, sometimes I think she’s too unphased. She doesn’t seem to show much emotion except when she’s in front of a jury.”
“Some people aren’t upset easily.”
Jordan shook her head. “This is more than that with Sarah. It’s as if feelings bounce off of her. Or as if they are embedded so deeply inside her, she can’t experience them.”
“Any idea why?”
“No. She never talks about her past. As far as I know, she grew up here, went to Yale, and spent all her days and nights at Craig, Lewis, and Weller until she came back to San Diego in January. I will say, she seems more tightly wound since she came back. She was more relaxed in New York. I’d say something was bothering her in this town even before she took Alexa Reed’s case.”
“Most likely the stress of starting her own law practice. I suppose she told you she signed up to take cases like Alexa’s to generate business here in San Diego. All her work was coming from Los Angeles.”
“Maybe business stress is the answer.”
“And then, too, I suppose you know about David Scott?”
“The millionaire married realty tycoon? Well, I will admit that has gone on longer than her usual very-short lived relationships.”
Jim tried not to show any emotion, but Jordan was too quick for him. “Look, we’ve already established you have an interest in her. You don’t have to pretend the David Scott business doesn’t make you unhappy.”
“Ok, busted. It makes me unhappy. Have you met him?”
“I have. Picture stereotypical west coast over-forty male trying to look late twenties. The wife is a plastic surgeon’s version of blonde Barbie, boob job, nose job, and Angelina Jolie lips. No kids. I’m sure she wouldn’t want to spoil her figure for nine months.”
Jordan downed the last of her coffee and tossed it into the trash can. “The train will be here soon. I’d better get down on the platform, so I can get a good seat in business class. Why don’t you stop by Sarah’s place tonight and check on her? I’ll text you the address.”
* * *
He waited until 7:30 to drive to the cottage in La Jolla Shores where Sarah lived. She was three streets from the beach in one of the small stucco houses that had been built in the forties and probably had all of fourteen hundred square feet. Hers was the same shade of beige stucco as its neighbors, but the windows had deep terra cotta shutters that gave it a personality of its own. Land values had made these tiny homes worth millions; and every one, including hers, was an expensively landscaped gem with strategically placed potted palms in clay pots, pink bougainvillaea vines trailing up the walls, and a jungle of feathery maiden hair ferns in the flower beds.
He was as nervous as a kid on his first prom date as he stood on her front stoop in his jeans, loafers, and yellow knit shirt after ringing the bell. No one answered. The butterflies in his gut began to swoop and soar. This had been a stupid idea. What if she was tucked up with that Scott character? He didn’t embarrass easily, but he’d not get over that one in a hurry, especially because they worked together.
But he wanted to see her, so he threw caution to the wind and rang again. This time, he heard someone shuffling toward the door and felt himself being scrutinized in the peep hole before he heard the click of the deadbolt’s release.
She was barefoot, wearing black yoga pants, a black camisole, and no makeup. Her pixie hair was tousled as if someone had run fingers through it. Jim thought of David Scott once more with foreboding.
He licked his dry lips and tried to sound nonchalant. “I thought I’d come by and offer to take you out for a drink. I was thinking you might want to unwind after the hearing today, and I’ve got some new information on Michael Reed.” He wished he could add, “Are you alone,” but, of course, he couldn’t.
“Thanks, but I’m pretty exhausted.” His hopes fell. But she went on, “Besides, we can’t talk about the case in public. Why don’t you come in though and have a drink here, and you can tell me about Michael. I’d like some good news after today.”
The butterflies had left his stomach and were flying around his heart. He was weak with gratitude and relief. She was alone.
He followed her down the hall, his loafers clattering slightly on the polished, golden hardwood floor. She led him through the living room, where no lights were on and where he had a quick glimpse of casual but sophisticated white slip-covered Pottery Barn furniture. She led him through mahogany French doors that were opened onto a miniature stone patio surrounded by palms and bougainville mixed with more ferns and bright blue morning glory vines and red hibiscus.
She had been sitting on one of the redwood lounge chairs covered in crisp white linen cushions, apparently killing a bottle of expensive California red zin by herself in the soft pink twilight. She motioned to the other lounge chair and said, “Sit down. I’ll go get another glass. And another bottle of wine.”
“Have you eaten?”
“I’m not hungry.”
She’d been thin when they met, but she’d lost weight in the last month. Another reason to worry about what this case was doing to her.
“If I cook, you’ll be hungry.”
“But there’s nothing here to cook. I – I haven’t had time to go to the market.”
He bet she kept little in the house to eat as a general rule. “I’m a food wizard. Let me take a look.”
She led him back through the living room to the miniature but very modern white tile and stainless steel kitchen. He opened her Sub Zero refrigerator to find butter, eggs, cheese and some port wine salami.
“One of my amazing omelettes will fix you right up.”
She opened the second bottle of wine and poured him a glass. She watched in silence as he transformed her scant variety of ingredients into two omelettes that they ate on the patio in the deepening, brine-scented twilight.
“I like it here,” Jim said, as he put his empty plate on the table between the two chaise lounges where the bottle of wine now also stood.
“I wanted to be close to the ocean. The previous owner remodeled just before I bought it. Everything’s new. I was lucky.”
“You never asked how I found your address.”
“You’re an ex-FBI agent turned private investigator. I didn’t need to ask.”
“I hope you don’t mind that I came by. I thought you might want company because today was a tough loss.”
She shrugged and sipped her wine. “But not unexpected. Although, I will admit Judge Tomlinson got my hopes up when he wanted time to think it over. Jordan did her usual brilliant job. She’s believable because she’s honest.”
“Unlike the opposition.”
“True. But we have one more crack at this at the next hearing in thirty days. Meds may not bring her back enough to stand trial. The judge didn’t count out that possibility.”
“True.” He could smell her gardenia perfume across the small space that separated them. Like a high school kid, he wished they were side by side on a sofa where he could casually drop his arm across the back, hoping for skin-to-skin contact.
“Great food, again, by the way.”
“I have the feeling you need a personal chef.”
“I can’t cook. I burn everything. No patience.”
“Patience to do complex legal work but not to follow a recipe.”
“Yeah, go figure.” For the first time, she let her eyes meet his, and she smiled. His heart was like a runaway freight train on the downhill.
“You had news about Michael Reed? Evidence he beat his wife, I hope.”
“No, I haven’t found that yet. But interesting evidence, nonetheless.”
Sarah polished off her wine and poured another. “So tell me.”
“Okay, Michael, like his father The Honorable Coleman Reed, was chronically unfaithful to his wife.”
“Ah, chip-off-the-old block syndrome.”
“Exactly.”
“So as you’d expect, Michael had tons of affairs.”
“Did Alexa know?”
“Well, we won’t know that, of course, until she talks to us. But there were so many she must have known. He thought everything in skirts was fair game. She may even have known he got a Warrick, Thompson paralegal pregnant during their first year at the firm.”
“Are you sure?”
“Very sure. I have a copy of the payment to the abortion clinic from Warrick, Thompson.”
“Are you telling me, the law firm paid for her abortion?”
“Yep. I have a copy of the cashier’s check they used.”
“Who is your source?”
“Unfortunately, not someone we can call as a witness. A friend of mine is chummy with Warrick’s nonlegal personnel director. He managed to get me the names of all the women paralegals who were at the firm the year Alexa and Michael came to work there. When I was in D.C., I had heard rumors about Coleman’s infidelities. It was just a hunch that the apple wouldn’t fall far from the tree.
“Most of the women on the list don’t work for Warrick, Thompson anymore. But a Lisa Miller is still there, and she was willing to talk to me. She likes Alexa and thinks she was treated unfairly when they fired her. She’s a stunning redhead, about the same age as Alexa and Michel. And, of course, Michael had come on to her more than once.
“She said the woman Michael got pregnant was named Toni Anders. The firm paid for her abortion and gave her a big severance check. Toni gave Lisa a copy of the firm’s checks, one for the clinic, the other for the severance pay, in case something happened to her. If Lisa got word that Toni had been killed, she was to take them to the police to prove Warrick, Thompson’s involvement.”
“Any way to find Toni Anders now?”
“No luck so far.”
“Too bad. It would be interesting to know if Michael was violent with her. If I were a betting woman, I’d say yes.”
“Agreed. I’m going to keep looking, of course.”
“I don’t understand why the firm paid for an abortion. That’s not the kind of thing Alan Warrick would do. I know he and his wife have an arrangement like David and Tessa’s, but Alan would never use firm money for something as personal as that.”
Jim winced when she mentioned the real estate mogul. “I would bet Coleman Reed forced them to do it.”
“But he was on the Supreme Court by 2005.”
“Right, but he left his clients in the hands of Warrick, Thompson’s attorneys didn’t he? And he had a reputation as quite a rainmaker.”
“So you think he could somehow force Alan to pay for Michael’s mess up?”
“Yes.”
“I wonder if Alan would admit to that.”
“I still think we need to pay him that visit in Paris.”
“No time now. There are people here we need to see more urgently than Alan. I was going to call you to let you know her family law attorney, Bob Metcalf, agreed to meet with me tomorrow at two.”
“Do you want me along?”
“Yes. He might, indeed, be a witness in this case.”
His heart raced with joy.
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Dark Moon, A Work in Progress, Chapter Twelve

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CHAPTER TWELVE
September 2013
Sitting at the defense table with Jim next to her on the Tuesday after Labor Day, Sarah stared up at The Honorable John Charles Tomlinson and tried to quiet the butterflies in her stomach. Judge Tomlinson was the opposite of Judge Tyler, who had been thin and sharp. He appeared to be around Sarah’s age, and he had no angles. He was slightly portly, with an open, round face, kind gray eyes, and a thatch of light brown hair sparsely streaked with gray. He treated everyone in the courtroom with the utmost politeness. He had been more than willing to listen to Jordan Stewart’s testimony although Sarah had entered the hearing very worried about whether her witness would be allowed to take the stand.
As expected, Percy Andrews had opined only psychotropic drugs would render Alexa able to stand trial. And he lied through his teeth about being biased when Sarah tried to impeach him with his loyalty to Ronald Brigman.
Then Jordan’s turn came, and she explained why, even if Alexa were given drugs, she still wouldn’t be competent to assist in her defense.
“She’s been through too much trauma. She lost custody of her very young children, and that was a shock. And then she was the one who found Michael dead that night, and that was a shock.”
“But it was a shock only if she didn’t kill him.” Judge Tomlinson broke in.
“At this point, Your Honor, we have to presume she’s innocent,” Sarah reminded the judge. “She reported finding Michael to the police, didn’t leave town, and went in voluntarily for questioning.”
“Okay. For the moment, I’m going to make that assumption. But haven’t you also testified, Dr. Stewart, that she’s so depressed it will require medication to get her even to talk to a counselor? Why put her in the hospital if meds will make her able to talk to her attorneys and assist with her defense?”
“Because there’s no guarantee medicating her will restore her to competency. She can only be competent after she heals from the underlying trauma. Drugs might make her able to talk again, but healing requires being able to talk about the traumas and working through her emotions. Right now she’s so overwhelmed by her feelings, she’s completely nonfunctional, and she will still be overwhelmed even if she’s no longer too depressed to talk.”
“I see.” Sarah watched the judge make notes on his yellow legal pad.
He continued to scribble furiously after Jordan stepped down. After a few more minutes of writing, he looked directly at Sarah.
“Ms. Knight, I have a few more questions for Dr. Andrews. Would you object to allowing Mr. Baldwin to recall him briefly?”
I object with every fiber of my being, Sarah thought. But she could tell Judge Tomlinson had taken Jordan’s testimony seriously, and she didn’t want to risk making him angry by saying no. “That’s fine, Your Honor.”
Percy Andrews slithered from the back of the courtroom and wrapped himself around the chair on the witness stand after being resworn.
“Dr. Andrews,” the judge began, “you’ve heard Dr. Stewart’s opinion. She believes medication alone will not restore the defendant. In Dr. Stewart’s opinion Alexa Reed needs counseling. Do you agree?”
“Not at all. A good drug like Lexapro will have Alexa Reed ready to assist her attorneys in her defense within two weeks. I’ve already said she’s faking mental illness to avoid being tried. She’s a very bright, clever young woman.”
Judge Tomlinson frowned. “I’m not seeing evidence of faking on this record.”
“That is my professional opinion,” Andrews insisted.
“Very well. I need a few minutes in chambers to look over the expert’s reports before I decide.”
Sarah watched Tomlinson’s round figure waddle off the bench. She and Jim stood up, and Jordan came from the spectator section of the courtroom to join them.
“I’m pleased he didn’t buy the ‘faking’ it line from Andrews,” Jordan said.
“I’m holding my breath.” Sarah was a taught as a wire.
“Whatever happens, I thought both of you did a great job,” Jim observed.
“Thanks,” Jordan smiled, but Sarah didn’t look at him. She was staring at the bench with a dazed look in her eyes as if she were reliving some horrible memory.
“Are you all right?” Jim asked.
“Of course.” She turned to him and smiled although he thought it was forced. “I’ve got to make a phone call. I’ll be out in the hall. If the judge comes back, let me know.”
“She’s letting this get to her,” Jordan remarked as Sarah vanished through the courtroom doors. “I’ve never seen her this worried about an outcome.”
“Were you involved when she did the Joey Menendez case?” Jim asked.
“No. Why do you ask?”
“She got a very big crime boss off. No one thought she had a chance in hell of succeeding.”
“And you’re thinking this is like Menendez?”
“Well, it’s certainly a case that looks hopeless on what we have now.”
* * *
Thirty minutes went by before Judge Tomlinson resumed the bench. Sarah had paced in the hallway the entire time, hoping against hope the delay meant a favorable ruling. Jim, who had remained in the courtroom, came to tell her the judge was ready to rule on Alexa’s competency to stand trial.
“Everyone can sit down,” Judge Tomlinson said. “You don’t need to be standing as if the clerk were reading the jury’s verdict.”
Sarah was grateful to feel the chair under her. She was so nervous her legs were shaking.
“Your expert makes out a good case for hospitalizing Mrs. Reed.” The judge’s mild gray eyes met hers. “Whatever the truth is about the night of June 2, she suffered a significant trauma. And being separated from her children certainly has to be a factor in her breakdown.
“I think from a medical/psychological stand point, Dr. Stewart has the better recommendation. But the trouble is, the law isn’t asking what is best for Alexa Reed from a medical/psychological point of view. The law is asking how to make her able to assist in her defense and to understand the proceedings at trial. And from that point of view, Dr. Andrews’ opinion better answers the question. So I’m going to adopt Dr. Andrews’ recommendation and find that there is no less intrusive procedure.”
“Your Honor, I have a request,” Sarah spoke up.
“And that would be Ms. Knight?” His mild demeanor never changed even though it was clear she was going to challenge him.
“I want to take this up to the court of appeal on a writ.”
Again Judge Tomlinson was unphased. “I’m not surprised. You’ve very set against using these drugs on her, aren’t you?”
“She’s on trial for her life. It’s not fair to put her in front of a jury looking like a drugged-up zombie.”
The judge looked over his half-glasses at Percy Andrews, who was sitting next to Preston Baldwin at the prosecution’s table. “Do you agree the drugs will alter her demeanor?”
Sarah expected him to lie through his teeth and deny they would have any effect. To her surprise he didn’t. “I can’t say for sure, but patients on these meds do have a rather flat affect. They don’t seem to feel anything, and they can appear distant and detached. On the other hand, not every one of these medications has that effect on every patient.”
“Okay.” The judge looked back at Sarah. “Here is my ruling, Ms. Knight; and I’m taking into consideration your concerns. I’m going to order the jail psychiatrist to prescribe the appropriate medications for Mrs. Reed. We’ll have another hearing in thirty days to hear from Dr. Andrews to see if, in his opinion, she is competent to stand trial. And I will be happy to hear from Dr. Stewart, too, if you want to bring her back. That is my order.”
* * *
The woman with the beautiful face with the terrible scar and the man with the kind eyes had come to see her. They had been coming for many days, Alexa knew, and she thought there might even be a pattern to their visits. Maybe every other day or every two days. Floating in her protective bubble dissolved time, so she wasn’t sure.
For the last several visits, they had talked about a hearing to decide if the jail could give her drugs to lift the depression, so she could talk to them and stand trial. The woman didn’t want that. She wanted Alexa sent to the psychiatric ward of the state hospital to talk to the doctors about everything that had happened.
“You need to be well before they put you on trial,” she said.
But Alexa had thought, “I will never be well because I’ve lost Meggie and Sam.”
Now they were here again, but the woman’s eyes were even sadder than before. And the man with the kind eyes squeezed her unresponsive hand just a little tighter and looked sad, too.
“We lost, Alexa,” the woman said. “The jail psychiatrist is going to prescribe antidepressant medication for you. Then there will be another hearing to see if you are able to stand trial. I’m so sorry. I wanted to win this one as much as I’ve ever wanted to win anything.”
But Alexa smiled inside because she could not smile outside. God hadn’t let the beautifulwoman win because He had other plans. He knew Alexa hadn’t killed anyone, and He had not forgotten her.
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Dark Moon, A Work in Progress, Chapter Ten

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CHAPTER TEN
He arrived at her office in La Jolla at eight forty-five on Monday. He Was carrying two grande Starbuck’s lattes and a paper bag containing two scrambled egg and bacon sandwiches. He wished his heart didn’t beat so fast at the sight of her in tight jeans and a simple black blouse.
“You’re early.”
“I thought you’d be hungry.”
Sarah smiled and took a fortifying sip of coffee from the covered paper cup. “I can’t argue with that.”
He sat down in one of the two chairs in front of her desk and opened the sandwich wrapper. Sarah noted his uniform of casual khaki’s and starched shirt, sleeves rolled up to the elbows. He saw her take in his attire.
“Real men do wear pink.”
“I wasn’t disputing that. It looks good on you.”
“Thanks. And I’m admiring those jeans.”
“I’m not headed to court today. Thank, God. I can get away with these out here.”
“But not back on Wall Street I take it. So what happened on Friday?”
She recounted the debacle in Judge Tyler’s chambers.
“That bad?”
“Yeah. And the funny part is, I didn’t expect it. I thought he’d play fair and say yes.”
“This isn’t ‘Play Fair’ world.”
“I’m beginning to understand that. Sometimes I feel like Alice in Legal Wonderland. I’m expecting the see the Red Queen sitting on the bench at any minute.”
“So what are you going to do? Take a writ to the court of appeal and demand an order to get an expert appointed?”
“No. As I was leaving, Judge Tyler reminded me he plays golf with the presiding justice of the court of appeal every Tuesday afternoon. I have a feeling I’m going to be up there seeking a writ before this case is over, so I’d better pick my spots.”
“Go up too often, and you look like a whiner.
“Exactly.”
“Well, I’ve got some more bad news for you.” He licked the last drop of ketchup off his fingers as he spoke and noticed she had eaten a third of her sandwich and put it down. “Don’t you like the chow, by the way?”
“No, its great. Thanks. Talking about Judge Tyler took my appetite away. What’s your bad news?”
“I didn’t find any incidents of domestic violence on Michael Reed. Nothing. Nada. Zip.”
“Wow, and I assume you’ve illegally checked the Bureau’s data bases. So we are big time out of luck on that one.”
“For now. You don’t know what Alexa is going to say when she wakes up.”
“Oh, you mean when they med her to make her talk to us.”
“Look, I agree they’ll be acting illegally. But at least she’ll talk to us.”
“Meds are not a cure-all. Sometimes the clients hallucinate, and when they talk to you, you can’t tell what’s real and what’s fiction. And meds make them zombie-like in front of the jury.”
“Sounds like more issues for the appellate attorney.”
“Do you read lawyer fiction?”
Jim smiled. “Some of it.”
“Know what Scott Turow calls an appellate attorney? ‘The designated looser.’ I hate to think my sole function as trial counsel is making a record for him or her to take up on appeal.”
“Got you. Well, I’ll keep digging on Michael. There are more places to look.”
“And I want to give you some work in another case, too. This is a proposed witness list in a mail fraud prosecution that may or may not go to trial in federal court after the first of the year. I need to know what you find out about them. Hopefully lots of stuff to make them look bad in front of the jury.”
“Aye, aye, sir. Will get on it.” Jim was happy because she was enlarging his involvement in her work, despite David Scott. “So what are we going to do about an expert for Alexa?”
“I’m going to hire Jordan Stewart out of my own pocket.”
“Wow, you do want to win this thing!”
“Guilty as charged. And if we do get the evidence to use a battered woman defense, I want Jordan on board. And at that point, the court will have to pay for her. I’m going up to Los Angeles to see her in the morning.”
“Need me with you?”
“No, get going on those mail fraud witnesses. There are a lot of them. I will need you when we go to the jail to see Alexa.”
“And when will that be?”
“I’m thinking we should go every few days. For one, it might turn her around enough to talk to us. For another, I think how often I’ve tried to get her to cooperate might be a subject at the hearing.”
“You mean they’ll say you didn’t try hard enough.”
“As you know, the defense trial lawyer gets blamed for everything.”
“I’d like to say you’re being paranoid, but you’re not. So when do we go to see her again?”
“Let’s meet at the jail at two o’clock on Tuesday afternoon.”
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Dark Moon, A Work In Progress, Chapter Eight

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CHAPTER EIGHT
Percy Andrews kept them waiting on Friday morning. Sarah was not amused.
Jim had met her promptly at nine at Andrews’ sterile glass and chrome office on the eleventh floor of the Ximed Building next to Scripps Hospital. He was way too attractive in a dark suit with a maroon tie, smelling of fresh shaving cream and laundry starch, and Sarah wished that two nights with David had done more to put him out of her mind.
“Looks like the court-appointed expert business must be pretty good,” Jim observed as they sat in Andrews’ glass and chrome waiting room gazing out at North San Diego, stretching flat and brown in the August heat toward the blue Pacific on the horizon.
“Agreed. Nice digs. These guys all practice the black arts for a considerable sum.”
He grinned and his eyes twinkled, and her heart flip flopped like a teen’s. This, she told herself, was not good. The implacable Sarah Knight, toughest defense attorney on Wall Street, had to return at once and banish the dangerous idiot with the school girl crush on the ex-FBI agent.
“I thought defense attorneys swore by hired guns.”
“No, you’ve got that wrong. I’ve met a few psychs with integrity, but not many.”
Percy appeared at the door to summon them to his inner sanctum. As they crossed the waiting room, Sarah heard Jim mutter under his breath, “Why do I think we are about to meet one of the latter?”
Percy Andrews, a thin balding man in his fifties wearing the cliche gray cardigan and baggy brown trousers associated with psychs, led them to his inner office which was cozier than the wasteland of his waiting room. He motioned for Sarah and Jim to sit on the large down sofa in the middle of the room, while he stretched out like a snake on a modern reclining chair opposite.
Did digging your heals into a thick, shaggy brown carpet make a patient want to spill his or her most private secretes Sarah wondered as her Jimmy Choos sank into the deep pile. She noticed a package of Rorschach test cards on his desk, and a sand box in the corner of the room, filled with dozens of tiny plastic people and animals, with sand spilled on the floor all around as if the childish exuberance of play with sand indoors could not be contained. Had Brigman used sand play to lure Alexa’s children in Michael’s direction?
“I’m Sarah Knight, and this is Jim Mitchell, my investigator.”
“I know. Let’s not waste anyone’s time here. I’m going to testify she’s competent to stand trial.”
“What?” Jim nearly lept out of his chair, and Sarah thought he was going to throttle Andrews. She pictured him standing next to Alexa’s cot on Tuesday and tried to extinguish the wave of jealousy.
“I said, I’m going to find her competent.”
Unlike Jim, Sarah had retained her lawyer cool. “On what basis? She’s practically comatose, and she hasn’t spoken a word to me or to Jim. In fact, we don’t know if she can speak.”
“Oh, of course, she can.”
“And she spoke to you when you evaluated her?” Sarah wished she could tell Jim to be silent and let her lead the interview.
“No, she was curled up on the cot, like she was when you visited, I bet.”
“Then how can that be competency to stand trial?” Sarah hoped Jim would take the hint and become the observer he was meant to be.
“Meds. Give her some Lexapro and she’ll be right as rain.”
“But there’s a very strict United States Supreme Court test for ordering medication. And Alexa doesn’t meet it.”
“I don’t give a rat’s ass. She killed my colleague of more than twenty years, and she’s going to die for that.”
“But only after a fair trial in which she understands the nature of the proceedings and can assist in her defense.”
“What defense? Her cell phone puts her in the neighborhood at the time of the murders that were committed with her gun. She hasn’t got a defense, Ms. Knight. Ronald took her children away because she was a crazy lunatic, and she proved him right by killing him and Michael.”
“Obviously you aren’t familiar with the correct legal test.”
“I’m familiar with Sell v. United States. I’ve been a forensic psychologist for twenty-five years.”
“Then you know she doesn’t meet the test. You can’t show that less intrusive procedures such as counseling wouldn’t produce the same results as forcing her to take Lexapro or some other drug.”
“That’s a pile of crap, if you’ll excuse me for being blunt. Look, Alexa Reed is faking incompetency big time. She graduated first in her class from Georgetown Law School. She knows if she becomes a comatose blob, she’ll get sent to the state hospital, which is a lot cushier lifestyle than death row where she belongs. And she knows the state can’t execute her while she’s incompetent. She’s counting on me to say she has to go to Patten for treatment until competency is restored, but I’m not going to play her game and let her live out her life in a medical facility when she belongs on death row.”
“It’s not a game,” Jim spoke up.
“Excuse me?” Andrews raised his eyebrows as if Jim were an intruder without a right to speak.
“I said, she’s not playing a game. She’s mentally ill and unable to communicate to help us provide a defense.”
“Too bad for her, you aren’t the court appointed expert. She killed a close friend, and I’m not going to do her any favors.”
“You mean you are biased and you aren’t going to be fair,” Sarah said.
“Save your name calling for the hearing. It won’t do you any good.”
* * *
They were silent in the chrome elevators as they slipped effortlessly from the eleventh floor to the marble lobby of the XiMed building. When they got out, Sarah led the way to a quiet corner where they could talk undisturbed.
“That was not what I expected,” Jim began.
“I wasn’t surprised after my interviews with Hal Remington and Trevor Martin.”
“In other words, the legal community in this town is massed against her.”
“The criminal bar is, at least. I wonder how Alan Warrick feels about Alexa Reed.”
“Want me to go find out?”
Why did he sound too eager, Sarah asked herself. And why did that irritate her?
“I know Alan personally. Better that I approach him. The only problem is he’s on a three-month sabbatical right now. His wife is an artist, and they are in Paris until early October.”
“Jets take off for Paris every day.”
“He wouldn’t like being tracked down when he’s on a holiday. Besides, we’ll have plenty of time to talk to him when he gets back.”
“So what’s next, boss?”
“I’m going to go ex parte this afternoon and request appointment of a defense expert to evaluate her.”
“Got anyone in mind?”
“Jordan Stewart in L.A. I’ve used her before in cases that I tried in New York. She’s an international expert on battered women’s syndrome.”
“Do you think that’s going to be our defense here?”
“No idea. But Jordan knows her stuff, and she’s one of the few who won’t give an opinion just for the money. If she can’t testify favorably for the defense, she won’t get on the stand and perjure herself. According to Trevor Martin, Alexa told Brigman Michael had abused her, but Brigman refused to believe her.”
“Looks like I’d better do some digging on Michael, then. See if there are any police reports for domestic violence or hospital visits.”
“Would it be terrible if I said I hope you find some?”
“Not at all. What about dinner tonight to talk over what I find?”
“Plans, tonight. Sorry.”
“Wife still in Cabo?”
“Until Monday. We can talk about whatever you find on Michael in my office at nine on Monday morning.”
He tried to conceal his disappointment. “Okay. See you then.”
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Dark Moon, A Work in Progress – Chapter Six

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CHAPTER SIX
Jim stood in the cool late summer night watching Sarah’s white BMW back out of his drive, then went into his kitchen, poured himself a stiff Scotch, and threw himself onto the sofa. You can’t do this to yourself, he thought. You can’t get emotional because she’s sleeping with another man. He hadn’t liked the way she’d dismissed him as “my investigator.”
But I can get emotional, he told himself. In fact, I’m powerless to stop the feelings. It’s exactly the way I felt when I realized Gail was sleeping with Josh after we separated. I hated knowing the woman I wanted was with another man.
He drank some more scotch and frowned at his glass. Wow, I’ve just admitted I want to sleep with Sarah, he thought. I knew she was trouble the first time I saw her at Trend. Well, I know I can’t sleep with her for a trillion reasons, not the least of which is her own rule against sleeping with co-workers. But I want to. That’s the awful part. I want to so much. He could smell the faint trace of her perfume that lingered where she’d sat on the sofa. A flower, he thought, possibly a gardenia. He wanted to know the name of it.
He closed his eyes and pictured Sarah’s slender body in the other man’s arms just as he used to picture Gail with Josh on some of the worst nights early in their separation. What did this David person look like? Was he handsome? Was he younger, older? Sarah had said no younger men, but he thought she’d been joking. Had she told this David character how that scar had come to be on her left cheek? Maybe it wasn’t a car accident. Maybe she’d been mugged at knife point coming home from her office too late in New York to be out alone. She was too fiercely independent; that was for sure.
He was going through his scotch too fast. He’d better slow down. He began to reorganize Alexa Reed’s photographs and put them back into the folder to take his mind off Sarah.
He paused to study a picture of her with her children when they must have been about two and three. The uptight lawyer clothes were gone. She was wearing a simple white t-shirt, outrageously flattering tight jeans, and her hair was wild and free around her shoulders. It was about the color of Gail’s. And she, too, had those blue, blue eyes. How had she slipped from a life devoted to over-achievement into the dark, murky world of homicide? She was obviously an exceptionally bright and clever woman. As much as Jim hated to admit it, there were ways to keep from being found out. Some people did get away with murder. And if anyone would have been good at creating the perfect crime, it would have been someone like Alexa Reed. Bright, capable, meticulous attention to detail. Then why had she been so clumsy? She clearly hadn’t wanted to get caught because that meant the loss of her children. So what had gotten into her the night of June 2?
He stared down at three innocent smiling faces in the picture. They’d had no idea the perfect storm was brewing to separate them. Sarah was so sure they’d lose this case. But she wouldn’t accomplish her goal of spiting Hal Remington if she lost. The Joey Menendez case had looked as lost as this one. They’d been celebrating in the U.S. Attorney’s office even before the jury went out. Sarah had come up with a last minute witness who had lied through his teeth and testified Joey didn’t give orders to the cartel. The guy had been some low-ranking drug dealer with one of those very common Latino names like Alvarez or Sanchez, or something ez. He’d come out of nowhere, and the U.S. Attorney, who had thought he knew everything there was no know about Joey Menendez, had been blindsided. Against all the odds, Sarah had persuaded that jury to believe her lying witness. Funny how she wouldn’t talk about a truly legendary victory. Well, she had worked miracles before; Jim was betting she could work one here.
He put the photo of Alexa and the children back in the folder and polished off his scotch. Tomorrow was Wednesday and then Thursday. Two days before he could see Sarah again. And at least three nights for her to spend with David Scott.
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Dark Moon, A Work in Progress – Chapter Five

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CHAPTER FIVE
Sarah studied Jim’s display of Cody’s pictures on the bookshelves on either side of the fireplace as she listened to him clinking dishes into the dishwasher. The photos took Cody from plump babyhood in an old fashioned pram to the most recent ones in a little league baseball uniform. He had Jim’s dark hair and dimpled chin, but blue eyes like his mother. He looked tall for thirteen, so she guessed he took after his father in the height department, too. He smiled unself-consciously at the camera as if he hadn’t a care in the world.
“That’s my boy,” Jim said as he entered the room, carrying a folder full of papers.
“Good looking. Takes after his old man.”
He smiled. “Thanks for the unexpected compliment. But I think he looks more like Gail.”
She heard the note of wistfulness that came over him whenever he mentioned his ex-wife’s name. It was like a theme song he played forever in her memory. For a moment, she wished someone would play a theme like that for her. But only for a nano second.
“I gather all that is information on Alexa Reed?”
“You are correct. Since our client wouldn’t tell us anything about herself, I did some digging. Here, sit down and let me show you.”
She would have preferred the seat across the room where she couldn’t smell the clean, spring smell of his soap and the light starch in his shirt, but he had laid the folder on the coffee table between them. She caught her breath when he opened it, and she saw Alexa Reed as she’d once been.
“That’s her engagement photo, taken in 2004, just after she graduated number one in her class from Georgetown. She was editor of the law review.”
Sarah couldn’t believe the exquisite little blonde with the enormous blue eyes, flawless complexion, and perfect cupid’s bow mouth was the woman they’d seen on the jail cot that afternoon. She felt Jim’s eyes on her as she stared at the picture.
“Hard to believe, isn’t it?” he said.
“She’s gorgeous.”
“She’s amazingly talented, too.”
Sarah felt that inappropriate stab of jealousy again. “How so?”
“She was born in Fairfax, Virginia, in 1980, making her thirty-three today. Her parents died in a car accident when she was six. She was raised by her grandmother, and had a habit of winning academic honors. She was the valedictorian of her class at Jefferson High and then went to Yale, your law alma mater, on a full academic scholarship. She graduated with honors in history and then went to Georgetown for law school where she met Michael Reed. They were engaged in 2004 when they both graduated from law school but didn’t get married until the spring of 2005. I assume they delayed the wedding so Alexa could spend that year clerking for Justice Mary Moreno, Coleman Reed’s colleague on the U.S. Supreme Court. Otherwise she’d have been stuck with a clerkship at the D.C. Circuit Court of Appeals like Michael because nepotism would have kept them both out of Coleman Reed’s court.
“In 2005, which was also the year Alexa’s grandmother died, they finished their clerkships, got married, and took jobs at Warrick, Thompson, Coleman Reed’s old firm. Michael went to work in litigation. Alexa was assigned to Chuck Reilly, their one and only appellate lawyer.”
Sarah continued to turn through the photographs of Alexa that Jim had found. She was a lawyerlike petite blonde, hair slicked into a tight bun and wearing an expensive dark suit next to Justice Moreno in one. In another, she stood between Justice Moreno and her father-in-law, Coleman Reed, still wearing a professional face. In another series of shots, she was the tiny, perfect bride in satin and white lace on a handsome Michael Reed’s arm.
“They were a good looking couple,” Sarah observed. Michael’s dark hair and eyes were a perfect counterpoint to Alexa’s light coloring.
“I think he was lucky to get her. She’s much better looking than he is.”
Sarah studied the wedding picture again. Although Michael had a Gerard Butler boyish charm, he had also inherited Coleman Reed’s too square face and stubborn jaw.
“He looks as if he could be a tough character.”
Jim nodded. “Heartless might be more to the point. Alexa had Meggie in 2007, after she’d been at the firm just two years. Six months later, she was pregnant again with Sam. She tried to go back to work, but by October 2008, she’d turned in her resignation. Three months later, in January 2009, Michael filed for divorce, seeking custody of the children. Sam, who had been born in March 2008, was less than a year old; and Michael wanted to take that baby away from his mother.”
“Callous, I agree. What is even more interesting is Trevor Martin’s claim that Alexa started the divorce proceedings.”
“All wrong. It was Michael.” Jim held up a copy of the divorce petition.
“Where’d you get that so fast?”
“I have my tricks. Don’t ask too many questions, and don’t worry, I know how to get copies through regular channels if we need them as court exhibits at trial. But in the meantime, I knew we had to have immediate information.”
“Wow, I can’t believe Martin got something as important as who initiated the divorce so wrong. I wonder what else he lied about? He called her a crazy manipulative bitch.”
“I’m pretty sure that’s going to turn out to be a lie, too.” Jim said, looking down at Alexa’s smiling engagement picture as Sarah fought back that stab of jealousy once more. Suddenly her phone began to ring, and she jumped up to fish it out of her bag. David’s picture appeared on the screen. She felt Jim watching her.
“I have to take this.” She pressed the accept button. “Hello? I wasn’t expecting to hear from you tonight. Oh, I see. Well, I’m just finishing up my meeting with my investigator. I can be at your house in, say, thirty minutes.”
She looked up to find Jim’s eyes still fixed on her, dark and unreadable.
“I take it that was your guy?”
“David. Yes.”
“How did he break free of the wife?”
“She decided to go to Cabo after all.”
“There are no flights this late.”
“David’s company has a private jet. She took that.”
“Ah, perfect for you, then.”
“Perfect.” Sarah was relieved to be leaving behind the conflicting feelings he aroused in her. Things were much simpler with David. Straight up sex, no strings attached. “Thank you for all the work you’ve done today.”
“My pleasure.” But he didn’t look at all happy she thought.
“So I’ll see you Friday at nine at Percy Andrews’ office. I’ll text you the address. Thanks for a lovely dinner.”
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Dark Moon, A Work on Progress – Chapter Four

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CHAPTER FOUR
A jail is nothing but gray, Sarah thought on Tuesday afternoon. She and Jim had been sitting in gray metal chairs at the gray metal table in the attorney-client interview room for a half hour without any sign of Alexa Reed. Sarah looked around to keep from being mesmerized by Jim’s gentle eyes, studying her from his seat at the end of the table. He looked good in a suit. She’d never seen him in one before. Feelings would complicate things; she couldn’t have feelings. But his eyes tempted her to have them. She needed a night with David and soon to make her forget about Jim. Hadn’t he said his wife was in Cabo this week? She’d call him after work, and see if he was free that evening.
She took in the dust-gray walls, the gray chairs and the table where they were seated, the gray door they had come through and the metal bars over the peek-hole window. A guard in a gun-metal gray uniform peering at them through the large glass security window directly in front of her completed the set. Sarah hadn’t been in a jail in a long time. Her clients were all wealthy business executives who bypassed lockup with millions of dollars worth of bail.
“I think she’s standing us up,” Jim said.
“Maybe. Trevor said she’s been curled up in a fetal position and hasn’t spoken since the preliminary hearing.”
“So she’s incompetent to stand trial.”
“I’d say yes for sure, but there’s a hearing September 3 to make that determination. I’m going to interview the psychologist who’s evaluating her as soon as I can get an appointment.”
“You’ll want me there in case he lies on the stand at the hearing.”
Despite her best judgment, Sarah’s eyes darted to his and remained fixed on their brown depths longer than she’d intended. “Yes, I will. Definitely.”
The gray metal entrance door began to slide to the right, extremely slowly, creaking as it moved. She and Jim turned toward it, thinking Alexa was about to appear. Instead, they saw only a portly fortiesh woman guard with a sour look on her face.
“Are you Sarah Knight?” she demanded. “Where’s you bar card?”
Sarah tried to stifle her annoyance, knowing a rise from her was what this nameless jail official wanted; but she’d shown her state bar identification card more times in the last half-hour than she had ever displayed it in her entire career. She was tired of dragging it out of her wallet.
But she did, and the guard scanned it for several minutes as if she thought it was counterfeit.
“And you? “ she demanded of Jim. “Where’s yours?”
Without a word, he patiently handed over both his California bar card which showed he was on inactive status as a lawyer, and his private investigator’s license. Sarah noticed he fumbled with his ex-FBI agent’s association id card for the grumpy guard’s benefit.
“You used to be an agent?”
“Yeah.”
“Then why are you working for defense lawyer scum?”
“Have to make a living.” Jim gave her a half-smile and put his credentials away.
“Well, bad news. Your client won’t get up to talk to you. She’s lying on her bunk, eyes open, saying nothing.”
“And this has gone on for some time?”
“Since they brought her back from the prelim on June 17. Somehow she eats enough to stay alive. But that’s it.”
“I’d like to go down to her cell and introduce myself,” Sarah said. “She’s never met me.”
“It’s against jail policy.”
“I can get a court order if you’d rather.”
The guard frowned at them both, delaying the moment when she’d have to admit defeat.
“You don’t have to. I’ll escort you down there.”
The interior corridors were even grayer, Sarah reflected a few minutes later as she and Jim followed the woman to Alexa’s cell. They twisted and turned through narrow hallways with the astringent smell of lemony disinfectant until they reached the tiny space Alexa Reed occupied.
Their sour guide dialed a combination lock on the door of the cell, and then used a key to complete opening it. Sarah and Jim stepped inside when it swung open, but there was barely room for both in the tiny dark space lit only by a three by three window high up on the outside wall.
She was a tiny bag of bones, Sarah reflected as she looked down at the woman in the navy blue prison scrubs curled up on the single cot. Her blonde hair was matted and uncombed, and apparently unwashed for weeks. Her large light blue eyes stared straight ahead, unfocused and distant. She was about five feet tall, Sarah guessed, and must have weighed all of ninety pounds.
She knelt by the cot. “Alexa, I’m Sarah Knight, your new attorney. And this is my investigator, Jim Mitchell. We’ve come to hear your side of things. Will you go down to the interview room with us where we can talk?”
No response. Alexa’s blue eyes remained blank and fixed on the opposite wall.
Jim leaned over and took one of Alexa’s small hands in his much larger one. Sarah couldn’t explain why she didn’t like that. She thought she saw a flicker in Alexa’s otherwise vacant blue eyes when Jim took her hand, but it might have been her imagination.
“She isn’t going to talk to you,” the hostile guard announced. “You’re going to have to leave.”
Jim let go of Alexa’s tiny fingers and stood up. He really did look good in a suit, Sarah thought once more, and then wondered why she was thinking about Jim’s looks and Alexa’s hand in his.
Sarah stood also and turned toward the door. Suddenly, on impulse, she paused and fished one of her business cards out of her brief case. She pressed it into Alexa’s unresponsive hands.
“Here’s my card, Alexa. We’re here to help you.”
* * *
That night, Sarah found herself standing in front of Jim’s olive green bungalow at seven thirty. He’d insisted on making dinner again to give them a chance to talk over the day’s events. She had called David as soon as she’d gotten back to her office, ready to cancel the evening with Jim if he was free. But his wife had unexpectedly backed down from her Cabo trip, so seeing him was out of the question. Had Tessa guessed about their relationship? That possibility nagged at Sarah as she thought of calling Jim to set up a meeting at a restaurant where she would feel more in control. But the need for confidentiality trumped her scruples about being alone with him.
He put a glass of cabernet in her hand and motioned for her to take a seat on one of the tall stools around the island in his kitchen.
“I was in the mood for burgers, although not the ones you burn over a gas grill. Feeling the French bistro vibe tonight, so I’ve made grilled onion confit and Bearnaise sauce and shoestring sweet potato fries.”
“I’ll have to work out tomorrow for sure.”
He turned from stirring the onions and gave her a once over. “I doubt that. You look very Audrey Hepburn tonight in those black skinny pants and black shirt with your hair cut short like hers. Do people ever tell you that you look like her?”
“Once in a while. When they don’t otherwise know my ‘day job.’”
“I have to admit you had me fooled that night at Trend.”
Was it really less than a week since they’d met, Sarah reflected. Why did she feel as if she’d always known him?
“That was tough today at the jail,” Jim observed, turning back to his onions.
“Yes, it was.” Sarah paused to take a long drink of her wine, wondering if she should have asked for scotch instead.
“She’s barely alive.”
“Trevor Martin warned me, but it was much worse than I’d pictured.”
“She’ll be declared incompetent to stand trial. She’s completely incapable of assisting with her defense.”
“Yeah, that’s blatantly obvious. Still, I want to interview Percy Andrews to find out what he’s going to say at that competency hearing. I’ve got an appointment with him on Friday at 9 in the morning.”
“I’ll be there with bells on.”
* * *
They ate in Jim’s small dinning room at a small antique maple table. He dialed the lights down, and lit candles in clear glass holders. Sarah wondered if he considered the evening a business or personal occasion.
“How long have you been in San Diego?” He asked as he put the plates on the table and motioned for her to take the seat opposite his.
“Since January. What about you?”
“Two years, now. It’s easier being on the opposite coast.” His eyes darkened as he spoke, but he gave her that gentle, honest smile that she found hard to resist. “Do you miss New York?”
“Sometimes.”
“Why didn’t you go with a big firm here like Warwick, Thompson?”
“I thought about it. I talked to Alan Warwick. In the end, I was tired of working for someone else.”
Jim smiled. “I can understand that. Any broken hearts left behind in New York?”
“Only the ones I mentioned the other night, the dry cleaning delivery boy and the Chinese food messenger. But I doubt they miss anything but the tips. I was always generous. What about you?” Why was she picturing him holding Alexa Reed’s tiny fingers?
“I’ve tried. No luck. Still head over heels for Gail.”
Jealousy was an inappropriate emotion Alexa reminded herself as he refilled her wine glass. “What is she like?”
“Funny, smart, beautiful. Taffy hair, big blue eyes. Knockout figure. Grew up in Boston. She teaches third grade and loves it. Cody has a half-sister, Brittany, whom he adores.”
Sarah studied him across the table. A white knit shirt tonight with navy linen pants. Such a kind, gentle face. Hard to believe he hadn’t found someone else by now.
“Penny for your thoughts.”
“My hourly rate is a lot higher than that.”
“Guess I can’t afford them, then.”
“I thought you were a trust fund baby.”
He laughed. “I tend to forget about the old man’s money. I did without it all those years. Ok, I’ll pay your hourly rate if you tell me why you’re looking at me like that.”
“Like what?”
“As if you were reading my mind.”
“Now that would be a useful skill for a defense attorney. But I don’t do mind reading. I was just thinking a guy like you should have hooked up with someone by now.”
“I could say the same about you.” The tone of his voice made her tummy flutter, and she decided this conversation had to end and quickly.
“I do see someone. From time to time.”
Did he look disappointed? She wasn’t sure.
“Lucky him. What’s he like?”
“A busy important, CEO of a commercial real estate firm. His brother, who works for him, had a minor problem with the Securities and Exchange Commission last winter, just after I got here.”
“And you took care of it for him?”
“Made it all go away.”
Jim studied her in the candlelight. “There’s something you’re not telling me.”
Sara traced the circle of the bottom of her wine glass. “Now you’re reading minds.”
“I’ve interviewed hundreds of witnesses. I know when someone’s holding back.”
Her dark eyes met his, and she smiled. “You’re really good. I’ll give you credit. David Scott is very married.”
“Ah, I see.” He crossed his knife and fork on his plate in a gesture of finality before bringing his eyes back to study hers. “Then why waste your time?”
“He’s witty, well educated, and charming.” And I can’t fall in love with him. But Sarah would never say that out loud.
“Does the wife know?”
She frowned as she thought of the defunct Cabo trip. “I don’t think so.”
“But you’re not sure.”
“She was supposed to be in Cabo tonight.”
“And he was supposed to be with you?”
“But she cancelled. I don’t think it had anything to do with me and David.”
“Well, my luck that she stayed in town.” He leaned over and started to refill her glass, but she put her hand over the top.
“I’m driving, remember?”
“And I’ve got that guest room, remember? This was a tough day. You need it. Let me put the plates in the sink and then join you in the living room. I’ve learned a lot about Alexa Reed since this afternoon. I think you’re going to be interested in what I’ve found out.”
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Dark Moon – A Work in Progress, Chapter Three

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CHAPTER THREE
Trevor Martin had done well for himself, Sarah reflected, as she sat opposite his massive mahogany desk on Monday, sipping the coffee his assistant had brought in. He could afford a three-office suite on the thirtieth floor of 600 West Broadway to house himself and his two associate attorneys. The associates were tucked into the interior spaces, but Trevor’s office overlooked San Diego Bay, now sparkling in the August morning as if the sun had thrown handfuls of diamond dust over the gray-blue waves.
“You aren’t going to like what I have to say about this case,” Trevor began.
“Try me.”
“Well, to get straight to the point, your client is as looney as they come. The court declared a doubt about her mental competency to stand trial a week after the preliminary hearing. Basically, she went straight back to her cell at the jail after the prelim, curled up on her bunk, and hasn’t spoken a word since.”
“Wouldn’t it be a bit of a shock to be held for trial on two murders, knowing she’s facing the death penalty?”
Trevor shrugged. “She’s a lawyer, herself. She had to know what was going to go down from the minute she pulled the trigger on Brigman.”
“Did she tell you she did it?”
“Of course not. She claims she left Brigman’s at 9:30 and went home to Pacific Beach. But that can’t be true because her cell phone shows her in Brigman and her ex-husband’s neighborhood at 11:15 p.m. Alexa had just enough time to kill Brigman and then drive over to Michael’s and shoot him.. She was between murders when Meggie called. And, as you probably know, the Glock .9 used to kill them both was registered to her.”
“How did she explain the cell phone evidence?”
“Not very well. She says she was driving around because she couldn’t sleep and was missing her children.”
“Isn’t that possible? They were little. She’d be likely to miss them.”
“Oh come on!” Trevor leaned back in his chair and shook his head at her stupidity. “In what universe does a woman with motive and opportunity just happened to be driving around the neighborhood of the two men she hates above all others at the very same time someone is using her gun to kill them?”
“What does she have to say about the gun?”
“That it was stolen. She claims she reported the theft to the police, but there’s no record of a police report.”
“How can you be sure there’s no report?”
“Preston Baldwin is the deputy district attorney who’s prosecuting the case. He’s the number three man in that office, and we go back a long way. He’s turned over all the discovery, and no police report.”
Sarah studied Trevor until he began to squirm in the silence. If you put an ill-fitting, thousand-dollar suit on a donkey and turned it into a person then added a beer belly, you’d get Trevor Martin, she reflected. He was thin, except for the paunch, in his late fifties, with a bulbous nose, and squinty dark eyes of an undefined color. He combed his sparse gray locks over Donald Trump-style and wore a suit that matched his hair. Everything about him said mediocrity. Sarah reckoned he’d earned his high-class address based on cunning and deceit and not on legal talent.
“You mean you’re conducting your investigation into your client’s defense relying solely upon the word of the man who’s prosecuting her?”
“Look, you’re making way too much out of this. I told you, Preston and I go way back. We’ve tried probably a hundred cases against each other. We socialize. In fact, I was at a barbecue at his house the night after the prelim. If that report had been in his file, he’d have turned it over.”
Sarah tried to keep her face impassive, but she could tell Trevor was becoming more and more agitated by her disapproval. He leaned over his desk and hissed, “Don’t waste your time on sympathy for this woman. She’s a consummate lying, manipulating bitch.”
“I’m sorry, did you just call your client a ‘bitch’? What about fiduciary duty and duty of loyalty to the client? Did you tell her you were partying with opposing counsel the night after she was bound over to face the death penalty?”
Trevor was incensed. “Don’t quote the Rules of Professional Conduct to me. I know them. But I also know how to survive in this town. My relationship with Preston Baldwin has lasted for twenty years. Clients come and go. As will Alexa Reed. No, I didn’t tell her Preston and I are friends. That’s my private life, and I’m not bound to reveal my private life to clients.”
“But that’s not how it works,” Sarah said. “Our duty of loyalty is to our clients, not to the attorneys we try cases with. If you had a social relationship with opposing counsel, you should have told her.”
Trevor shrugged. “I can see you’ve got a lot to learn. This isn’t New York, Ms. Knight. We do things our own way.”
“This is beginning to sound like my meeting with Hal Remington.”
“Better not cross Hal if you want to work in San Diego.”
“Funny, that’s exactly what he said.”
Trevor leaned back in his padded leather executive chair and adopted a paternal tone. “If you want to go on some sort of crusade, claiming we’re all unethical, you’re welcome to do it. But remember, we’ve all been here more than twenty years, doing our jobs, and not getting into any trouble with the state bar. If you start accusing us of shafting our clients – even if we do – you won’t get to first base. Who do you think the state bar is going to believe? You and a string of convicted felons, complaining about their trial attorneys? Or us?”
“That’s the speech Hal Remington gave me.”
“And he was right on the money! Look, Ms. Knight. Alexa Reed was a washed up associate at Warwick, Thompson, and Hayes. She got herself pregnant twice without much time between babies to hide her incompetence and to give herself an excuse to leave the firm. Michael, on the other hand, was a brilliant young lawyer who made partner in four years.”
“Was he brilliant or just the son of a sitting United States Supreme Court justice who was a former Warrick, Thompson partner himself?”
“If I have to answer that question, you haven’t heard anything I’ve said so far. Anyway, Alexa gets herself knocked up twice. The firm lets her go; and then she files for divorce, claiming Michael beat her and persuaded the partners to fire her. Ronald Brigman did her psychological evaluation in the custody case and found she was lying about the beatings and about why she was fired. Based on those findings, Brigman decided to give primary custody of the kids to Michael. Not less than a month later, Brigman and Michael are dead, killed with the gun registered to Alexa, who claims she was just driving around aimlessly in the neighborhood when someone else used it. Come on, Ms. Knight. How much time do you think anyone should waste investigating this case?”
“As much time as it takes to get it right. Did you interview the children?”
“Meggie and Sam? Of course not. They’re only six and five.”
“And they were in the house when their mother supposedly shot their father. What if she didn’t shoot him, and the children are the missing to prove it?”
Sarah noticed Trevor Martin’s face begin to go dark red. Could he be on the verge of a heart attack? “Don’t be ridiculous. There’s no way anyone can prove Alexa Reed is innocent. Interviewing the children wouldn’t change a thing. Besides, Coleman Reed and his wife Myra took Meggie and Sam to D.C. to live with them as soon as Alexa was arrested. Justice Reed requested a protective order from the superior court to keep people like you from bothering them. You want to talk to the children? You’d better have an airtight reason. Look, Ms. Knight. Remember what Hal Remington said: don’t try too hard if you expect to work in this town. Just file a few in limine motions to make it look good, do some cross examination, and accept the inevitable outcome. This client is a guilty nut job and them some. You’re here to make it look good and get paid. That’s all.
“And by the way, this case is going nowhere fast at the moment because Alexa Reed is curled up in that catatonic ball in her cell. She wouldn’t talk to me, and I doubt she will talk to you.”
“So I gather there’s a hearing coming up to determine whether she is competent to stand trial?”
“Right. On September 3, the day after labor day.”
“And who is the psychologist who is evaluating her for that hearing?”
“Percy Andrews.”
“What didn’t you request someone out of L.A.?”
“Because I didn’t need to. Percy Andrews has been doing court appointed evaluations in this town for twenty years.”
“And that’s my point. Isn’t it a conflict of interest to have him evaluating the woman accused of killing a colleague?”
His mouth became a tight line and he stood up abruptly. “I’ve got another appointment coming in ten minutes. I’ve given you all the help I can. And I’ve warned you. If you have any questions after you go over the file, you can call me.”
But not bloody likely you’ll answer, Sarah thought as she shook hands and left his office.
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The Diana Conspiracy – Anna Anderson versus Grand Duchess Anastasia of Russia

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Earlier this week, Scotland Yard announced it was investigating new information about the death of Diana, Princess of Wales. A former member of the British Special Air Services the (SAS) boasted to his former wife that the SAS had brought about her death. His former parents-in-law reported the claim to the military police who passed it on to Scotland Yard.
The original announcement was appropriately neutral. Scotland Yard informed the public of the information and indicated the police would assess it for credibility. But Scotland Yard also said it would not reinvestigate Diana’s death at this time, a wise conclusion since no one yet knows if the new information can be believed.
The press, however, have transformed this simple bit of factual reporting into a speculative circus. Some commentators insist all possible “conspiracy” theories have been debunked and only crazy people believe them while others see a plot lurking in every corner. Rather than the wait-and-see position of Scotland Yard, most press reports require the reader to take a position: believe or disbelieve. The press’s approach to the new information illustrates the rule that human beings like to organize data and reach conclusions just as they prefer to return to the tonic tone in melody. In other words, we don’t like unanswered questions.
But it isn’t likely that the “truth” of the princess’ death will ever be resolved. Or, if it is, the answer will be revealed a lifetime or so later. Think about it. If powerful governmental and multinational forces brought about her assassination, they have every tool on the planet available to perpetuate their cover up. They aren’t going to make any dramatic confessions based upon the ex-parents-in-law’s letter. And, if Diana’s death was a tragic accident, people who love a conspiracy are going to continue to spin their own yarns.
This whole controversy reminds me of speculation about the fate of Tsar Nicholas of Russia’s youngest daughter, Grand Duchess Anastasia. When I was growing up, a German woman named Anna Anderson made out a case that convinced many people she was the grand duchess and had miraculously survived the cellar execution in Ekaterinburg. Anna Anderson appeared to have information only the real Anastasia would have known. Some who had known the grand duchess believed Anna, but many others dubbed her an impostor. She wound up married to an eccentric professor of history in Charlottesville, Virginia, where she died in 1984. In 1956, Ingrid Bergman stared in a movie loosely based on Anna Anderson’s life and claims. Litigation to determine whether Anna was the real Anastasia never reached a conclusion.
In 1977, two investigative journalists, Anthony Summers and Tom Mangold, wrote a book called The File on The Tsar, claiming that not all of the royal family died at Ekaterinburg and the survivors became pawns in an international power game. They claimed Lenin, the Kaiser, the British royal family, and British intelligence were all involved. I read it at the time, and found it interesting and persuasive.
But The File on the Tsar illustrates how facts can be manipulated to fit the end the writer wants to believe. In 1991, the bodies of the Tsar, his wife, and three of their daughters were found in a mass grave near Ekaterinburg. DNA testing confirmed their identities. Then, in 2007, Alexi and the remaining daughter were found, and DNA testing confirmed that all seven Romanovs had died in the cellar that day. By that time, Anna Anderson had been established as an impostor because in 1984, when she died, DNA testing showed she was not related to the Romanovs.
The deaths of famous people hold our attention, especially when they happen under odd or mysterious circumstances. In fact, our fascination with these stories lies in our inability to know exactly what took place. If the facts were known and settled, we would go looking for another more interesting tale whose facts were not resolved.
Scotland Yard had it right in its neutral announcement; and the press, insisting on belief or un, had it wrong. No one can really decide what happened in Paris on August 31, 1997, based upon this new little bit of information. More than likely whether Diana’s death was deliberate or an accident will never be resolved. Or if it is, the truth will come out after a much longer time, as with the Anastasia mystery. In the meantime, the circumstances surrounding Diana’s death create material for fiction writers like me. I wanted to write about a beautiful woman whom I admired because she grew up in difficult circumstances on the world stage. She transformed herself from a naive girl into a charismatic woman who spoke for compassion and love, and she was willing to share her struggles with the rest of us who are struggling. Dance For A Dead Princess is not an argument for or against what “really happened.” It is intended to be a highly entertaining story about interesting and lovable people.

Anna Anderson on the left and Grand Duchess Anastasia on the right

Anna Anderson on the left and Grand Duchess Anastasia on the right

Work in Progress: Dark Moon, A Novel – Chapter Two

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CHAPTER TWO
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, Weller 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; and 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 ocean-scented remnants of the soft summer evening.
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 spring 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 to learn 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.”
“Well, then, you may not want to work on Alexa Reed’s case. She’s very guilty.”
“Tell me about it.”
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 that 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 the Alexa Reed case.”
“So how’d you become counsel of record then?”
“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 10 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 Ichabod 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 from 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 wasn’t going to let anyone treat me like that.”
“Who had the case before you?”
“Trevor Martin. He represented her at the preliminary hearing. 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 to lose a high-profile case.”
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 who were like that. She had one-night stands with married men like David, and men she’d never see again. But men like Jim, 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 why we’re going to lose.”
She shrugged. “Simple really. She did it. 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 9:00 p.m. but doesn’t show her leaving. Brigman was killed around 11:00 that night and Michael was shot about twenty minutes later. Meggie called Alexa on her cell phone around 11:15, and the call pinged off a tower that shows Alexa moving from Brigman’s to Michael’s. The Glock .9 millimeter used in both murders was registered to her and was found next to Michael’s body. Ballistics show five bullets in Brigman, and four in Michael, all from her Glock.”
“A Glock magazine in California only holds ten rounds. So I’m assuming there was one left in the magazine?”
“No idea. I haven’t read anything other than Trevor Martin’s motion to withdraw. I’m going to look over the police reports and ballistics evidence tomorrow. I’m meeting with Martin at 10:00 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 Tuesday afternoon. I’ll need you then. Two o’clock.”
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