Chapter 26
Twenty-Six
The trial resumed Monday morning with a meeting of the attorneys in the judge’s chambers.
“Here’s how this is going to go,” Judge Stein said. “The defense motion for a mistrial is denied—”
“But your honor—” one of the defense attorneys protested.
“You do not want to interrupt me right now. Your clients are attempting to make a mockery of the judicial system I’ve served for forty years. I’m running low on patience.”
“Yes, your honor,” the chastened attorney replied.
“Mr. Maguire, you’re certain Ms. Griffith is unable to appear in court?”
“She’s been very sick. Her parents and doctors are unwilling to permit it.”
“In that case, I’m going to allow the prosecution to introduce the videotape of her testimony.
” To the defense attorneys he said, “Before you object, and you should feel free to do so in open court, I know you can’t cross-examine videotape.
But it’s a sworn statement, so you can take it up with the appellate court.
Finally, I want to be sure you’re all clear on one critical thing—there is to be no mention from either side about the attack on Ms. Griffith.
Not by inference, reference, or any other means. Do I make myself clear?”
“Yes, your honor,” the attorneys answered.
“Mr. Maguire, I’m sure there’ll be a mighty temptation to give the jury the impression that the defendants had something to do with the reason Ms. Griffith is appearing before us on tape rather than in person.
Resist it or you’ll not only be looking at a mistrial but a complaint from me to the bar.
No matter what you think happened in that Annapolis hotel room, Marco and Steven Benedetti are not on trial for the attack on Rachelle Griffith and the police officers.
Not yet anyway and not in my courtroom. Keep your eye on the task at hand. ”
“Yes, your honor,” Michael said.
“Very well. We call to order in thirty minutes.”
After they filed out of the judge’s chambers, Michael asked for a moment alone with Tom Houlihan. They found a deserted conference room, and Michael closed the door.
“Everything all right?” Tom asked.
“No, but before I get into that, thank you for the use of your house. It was a hell of a place to be stuck for a week.”
“I figured you’d enjoy it. You’ve certainly earned the break. What’s on your mind, Michael?”
Michael sat down at the conference table, hoping he was about to do the right thing. “Um, Juliana.”
“She’s a lovely girl.”
“Yes,” Michael said in almost a whisper. “She is.”
Tom sat down next to Michael. “What’s wrong?”
“She can tie Escalada to the trial.”
“What?” Tom gasped. “How?”
“Do you remember the day I finally asked for police protection because someone on the street gave my roommate the creeps?”
Tom’s eyes widened. “Escalada?”
Michael nodded. “When she saw the videotape from the hotel on the news, she recognized him. She saw him in Newport, too. He was trailing us, apparently waiting for an opportunity to take me out.”
Tom rubbed his face as he processed it all. “Who else knows this?”
“No one.”
“Except Escalada. He knows she can tie him to the trial.”
The gravity of that statement hung in the air between the two men.
“What do I do, Tom?” Michael asked with desperation. “I wanted to bring her to court with me this morning so I didn’t have to leave her at home alone.”
“Her detail is with her, and everyone’s on highest alert. I wish I could tell you not to worry…”
“If anything happens to her, Tom, I swear to God, if anything happens to her…” Michael’s voice broke.
Tom put a hand on Michael’s shoulder. “She’s more than your roommate, isn’t she?”
“If I get very lucky, she’s going to be my wife.”
“Is she the reason you and Paige broke up?”
Michael shook his head. “I know you’ll find it hard to believe, but this happened after that was over. The timing could’ve been better, but timing is secondary when the right one comes along.”
Tom studied him for a minute. “Here’s what we’re going to do. Don’t tell anyone about this. No one. We’ll only involve her if there’s no other option. We’ll figure this out after the trial is over. Until then, I want her at home.”
Michael shook his head. “She’ll never go for that. Her job is too important to her, and she needs the money. But how can I let her go to work and take care of her mother when they’ve got someone out there watching her? Waiting for an opportunity to kill her? How can I do that, Tom?”
“We’ll double her detail—and yours. We’ll get a home health aide for the mother so Juliana only has to go to work.”
“We doubled Rachelle’s detail, and look what happened to her.”
“We’ll do our very best to keep her safe, Michael. I promise.”
Michael wanted guarantees his boss couldn’t offer. “Okay,” he said, wishing he could be with her every minute to ensure her safety himself.
“It’s almost over, Michael. Stay tough and stay focused.”
“Have you ever had a case like this one before?”
“Not in this lifetime.”
The jury filed in, and once they were settled, Judge Stein apologized for the lengthy delay in the trial. “We appreciate your patience and your sacrifice,” he said. “Mr. Maguire?”
Michael stood up. “Your honor, the prosecution would like to introduce as evidence the video testimony of Rachelle Griffith.”
“Objection,” a defense attorney said.
“Overruled. Please proceed, Mr. Maguire.”
Michael used a remote to start the video.
Watching Rachelle’s animated face was like a punch to his gut as he wondered if the attack would permanently snuff out her sparkle.
With the judge’s warning in mind, he fought to keep his emotions off his face to avoid giving the jury any hint of what happened to her.
They were going to have to draw their own conclusions as to why the witness was appearing on tape rather than in person.
That, coupled with the timing of the lengthy recess right when the prosecution’s star witness was due to testify, was exactly why the defense requested the mistrial.
The tape was made about two months earlier when Michael brought her to a courtroom to prepare her for the real thing.
Remembering her begging him to take her to McDonald’s on the way back to the hotel, he was so glad he had given in despite his worries about her safety.
She had been delighted to share a table with him in the restaurant while the police detail surrounded them at other tables.
Off camera, he could be heard asking the questions that guided her through the telling of her story.
As he watched her talk, he could see her affection for him in her eyes and hear it in the tone of her voice.
It was something he missed the first time around when he had been engrossed in the asking of questions.
Only a man who was blind, deaf, and dumb could have missed the enormous crush she had on him, but sitting in the courtroom fighting to keep his face devoid of emotion, he hurt all the way down to his bones over how totally he let her down by failing to adequately protect her.
He glanced at the defense table to find Marco Benedetti’s black eyes fixed on him.
At just twenty years old, Marco had the eyes of a hardened criminal.
Steven, a year older than his brother, had been charged with murder once before but was acquitted.
Michael didn’t believe for a minute that he was innocent of the earlier murder.
With juvenile rap sheets a mile long, the shootings elevated the brothers’ pattern of petty crime from misdemeanors to multiple felonies.
Marco’s greasy hair was slicked back, and when his face contorted into a small, evil smile, it took every ounce of control Michael had to remain seated when all he wanted was smash that smile off his smug fucking face.
Michael looked around, hoping someone else had seen Benedetti’s smile, but the entire courtroom was riveted to the television.
I promise you, Rachelle. I promise they won’t get away with it. A fierce burst of rage coursed through Michael. He was so consumed by it he failed to notice the videotape had ended or that the jurors were deeply moved by it.
“Mr. Maguire?” Judge Stein said.
Michael didn’t move.
“Mr. Maguire!”
Slowly, Michael rose to his feet. “Your honor, the prosecution rests.”
At home, Juliana sat on Michael’s bed folding laundry.
He had called and outlined the plan he and Tom worked out.
She wasn’t at all confident that her mother would accept the help of a home health aide, but she wouldn’t have much choice.
It was that or nothing since there was no way Juliana could call on Vincent again.
She had been relieved to hear that she would be able to continue working. Money was always an issue for her, and despite offers of help from both Michael and Jeremy, she didn’t feel right taking money from either of them.
Thinking of Michael playing the video of Rachelle if the judge allowed it, Juliana couldn’t imagine how hard it would be for him after seeing her so diminished in the hospital.
Putting away clothes in his dresser, Juliana found her rent check sitting on top of it and realized he never cashed it.
Her heart contracted with overwhelming love for him.
He loved her in such an all-consuming way, and he was going to need her to love him just as much tonight after having to sit through that video.
A thump on the roof startled her out of her thoughts.
The wind was whipping, and Michael mentioned the night before that he needed to bring the furniture in off the deck for the winter.
A second thump convinced Juliana that one of the lounge chairs on the roof deck had blown over.
She deactivated the alarm and went out through the sliding door to investigate.
Taking the stairs to the roof deck, she stopped short when all the oxygen left her body in one big whoosh.