Sealing Fate Page 17

  “Brian.” The voice paused for only a moment. “Lloyd Martin.”

  “Hi, Lloyd.”

  There was a long, ominous silence. Lloyd said, “There's some important news I have to share with you. Do you want me to come over?”

  “No, tell us on the phone. I'll get Barb on the line.” Brian put down the phone and walked to the bottom of the stairs. “Barbara, you awake?”

  “Yes, I'm awake,” came the groggy reply.

  “Pick up the extension. Lloyd Martin has news.” Brian returned to the phone and then waited for her greeting. “Okay, Lloyd, what is it?”

  “You sure you don't want me to come over? It may be news better delivered in person.”

  “Just tell us, Lloyd. I can't wait while you drive over here,” Barbara said impatiently.

  “Brian?” Lloyd asked reluctantly.

  “I agree. Tell us.”

  “Ray Fernandez just called me. There are no charges against Brian. They have enough evidence to know that Michael Hayward killed Cathy Jenkins to set up the blackmail. His secretary, Sheila Olsen, overheard one of the calls to you. She hit the automatic redial and got you on the telephone. Apparently, when you spoke with her, she panicked and hung up. Then she realized she had no way back to you.”

  Brian paused and drew a breath. “It all seems to fit. Cathy Jenkins must have been surprised when Michael Hayward showed up at her apartment in the middle of the night, but she knew he was one of the big shots at International Resource, so she let him in.”

  “Oh, God,” Brian said. “Poor Cathy.”

  “You're definitely off the hook, Brian, notwithstanding the fingerprints on the murder weapon. The blackmail is pretty clear.” He paused.

  “And that's not the part you didn't want to say on the phone, right?” Brian prompted.

  “Right.” There was yet another pause, and this one Brian interpreted as Lloyd's search for the right words. Lloyd cleared his throat before continuing. “The news isn't so good where Barbara is concerned.”

  “What is it?” Barbara asked quickly. “They know he was killed in self-defense, right?” Urgency was in her voice.

  “What's wrong?” Brian asked.

  “Well, both of you said that Hayward pulled the gun on you in the office. Then there was a struggle. Barbara got hold of the gun and shot him, right?”

  “Right,” Barbara said.

  “The first problem is that they interviewed Jason Ross, and he said that Brian pulled a gun on him. The gun was with Brian, not Michael.”

  “There's a lot of things that could account for that,” Barbara said. “Two guns that look alike.”

  “Yeah, maybe. They were a little suspicious that no one said anything about a second gun, but we could have gotten around that one. There's a much bigger problem.”

  “What?” Barbara asked in a panicky voice.

  “The investigation team went back to Hayward's office for another review of the scene. One of them happened to look in the toilet, and a microcassette tape was floating in the bowl. They brought it back to the lab and dried it out. I just saw a transcript.”

  “Oh my God,” Barbara said softly.

  “With the tape, they're going to charge Barbara with murder.”

  Barbara let out a shrill, pitiful cry that sounded to Brian like the desperate last sounds of a cornered animal. Brian listened silently, feeling his heart pounding.

  “They know what you saw in that office, Brian,” Lloyd said quietly. “So you don't want to say anything inconsistent with the tape, or you could face perjury or obstruction of justice charges. At the same time, you don't have to testify against your wife.”

  “But if I don't testify, I can't help Barbara,” Brian said.

  “And if you do testify, you won't help her at all because you're stuck with what was said on the tape before Hayward was shot.”

  There was a protracted silence before Brian asked, “What can you do about this, Lloyd?”

  “Not a lot, I'm afraid. You know what was said in that room. There's not much ambiguity, and there's a great deal of admission. A jury won't have to deliberate long.”

  “So what are you saying?” Barbara asked, sounding a bit calmer.

  “Just that we should think about making a deal … if we can get it. Murder two or, best-case scenario, maybe even manslaughter. I'm sorry.”

  Brian asked softly, “So what do we do?”

  Lloyd said, “Barbara has until five o'clock this evening to turn herself in. It goes down better that way. No patrol cars and no handcuffs. And it looks a lot more like cooperation in the newspapers.”

  Brian leaned back in his chair and closed his eyes. “Thanks, Lloyd. We'll call you by noon to make arrangements.”

  “That's fine. One more thing. Barbara, it's going to occur to you to run. Don't do it. If you do, they'll catch you, and then our deal-making leverage will be severely compromised.”

  “I understand,” Barbara said.

  Brian heard the click as she hung up and then said, “Thanks for doing what you can. I'll talk to you before noon.”

  He put the phone back in its cradle without waiting for a response and then turned toward the stairs. Barbara was walking down the last of them with her wide eyes glazed over.

  “It had to end this way, didn't it?” she said.

  Brian was silent.

  “For a little while I really thought we were going to get past this. That they would never know. I thought it would die with Michael and then I could start earning your love again. I know I could have, if there were just enough time. I love you so much, Brian. Sooner or later I could have shown you.”

  He put his arms around her and held her tight. “I know, Barb. I know.” He leaned back and looked into her eyes. “I'm so sorry about the tape. I thought it was gone.”

  Brian felt a deep sense of sorrow. He hadn't forgiven her and doubted he ever could. Not for Cathy. Not after all that had happened. Still, that had a history, and he didn't want Barbara to spend her life in a cell. After hearing the tape, maybe they would know that she needed help, that psychiatric treatment and not jail was in order. Somehow this thought brought him hope.

  “It really is poetic justice, isn't it?” She twisted her expression into a thin, unhappy smile. “Is there a choice here? I mean, should I run?” There was a faint glimmer of hope in her eyes as she asked, “Would you go with me?” She sounded like a child, lost and hopeless.

  Brian looked at her sadly and then shook his head. “No, Barb, I couldn't.”

  She nodded. “I understand.” She turned and walked upstairs, looking back once to give Brian a smile and then disappearing down the hallway.

  Brian and Barbara drove in silence to Lloyd Martin's office. The situation, not the silence, was the source of the overwhelming sense of loss Brian felt. Lloyd was awaiting their arrival. He told his secretary he wasn't sure when he would be back.

  She nodded and flashed Barbara a sympathetic expression. “Take care,” she said to Barbara, who nodded and walked to the door.

  When they arrived at the police department downtown, Merrick, Palmer, and Ray Fernandez met them at the door. All of whom wore somber expressions as they were escorted inside. Brian found some comfort in the thought that none of this brought them pleasure. They were just doing a job, and it appeared that they would have preferred it had come out differently.

  Brian looked over at Barbara. She stared straight ahead as she walked. No emotion was revealed in her expression. She's in shock, Brian thought. He took her hand and squeezed it as they walked.

  They were directed to an office in the booking area, where Lloyd was the first to speak. “Barbara, the tape has been studied at length. Everyone knows what happened. I think you might benefit from some psychiatric care. None of these gentlemen disagree. If you're receptive and the doctors who examine you agree, it's even possible that your time spent may take the form of treatment rather than imprisonment. Would that be okay with you?”

  She looked at
him and smiled. “That would be fine, Lloyd. Can Brian come see me sometimes?”

  He nodded. “I think so.”

  They gave Brian a few minutes to tell Barbara good-bye. She hugged him tightly until the officers came back into the room. Then she released him, kissed him on the cheek, and told him that she would always love him. She gave Brian a smile as she followed Merrick and Palmer from the room.

  When Barbara was out of view, Lloyd turned to Brian. “She'll be arraigned tomorrow. We'll offer a diminished capacity plea on her behalf.” He was silent for a moment and then asked, “Is there anything I can do for you?”

  Brian shook his head. “Just do everything you can for Barbara.” He felt a tear welling in the corner of his eye but didn't wipe it. “And thanks for caring.”

  After saying good-bye to Ray, Lloyd drove Brian back to his car in silence. They shook hands as Brian got out of the car.

  Lloyd said, “Let me know if I can do anything … anything at all.”

  Brian smiled weakly. “You're doing it. Thanks.”

  As Brian drove toward home, it began to drizzle. He watched a young couple walking down the street, sharing an umbrella and laughing, and his tears began to fall. He grieved for all that had been lost, including the love of the woman who had always been his partner. She would be institutionalized or jailed, and he would stand by to support her.

  He thought about Cathy, who had been a forbidden ray of sunshine. She too was lost to him, and there was no doubt in his mind that he was responsible for all of it. Everything stemmed from the sins of his inaugural and the man who had witnessed them. And he too was dead.

  Brian closed his eyes and saw Cathy's smile. He thought about his plan to tell her good-bye, and he was glad he never did. Her final thoughts of him were of the future they would share. He wiped away a tear as he thought about all that might have been.

  When Brian got home, he walked out onto the patio. The light rain had stopped, and he sat to watch the final moments of daylight fading away. The sun slowly disappeared from view, leaving splashes of orange and red on the horizon. He felt a sense of isolation and loneliness overtake him. Everyone important to him had paid the price for his sins. He considered the emptiness inside him and knew it was part of the price to be paid.

  His atonement was just beginning. This was the first of many sunsets he would see alone, his only companion the haunting thoughts of love that had touched him and been taken away.

  Chapter 26

  The morning after Barbara's arrest, Brian sat at the counsel table in Department 316 as the thin-faced judge, who couldn't have been over forty by Brian's assessment, stared down at them over wire-rimmed glasses from his elevated vantage point behind the bench. The seal of the State of California was perched on the wall behind him, between the Stars and Stripes on one side and the prominent bear of the state flag on the other. Every seat in the courtroom, including the jury box, was occupied by the worried faces of defendants about to be arraigned, watching the judge attentively before he had uttered his first word, and lawyers clad in blue suits and red ties, displaying expressions of boredom or impatience.

  Judge Alfred Byers looked up from the paperwork that had consumed him for the past few minutes and scanned the audience with concern, as if wondering if any of these people were armed or maybe just how long it would take to get through the calendar given the sheer numbers present. He then returned his eyes to the lawyers at the counsel table in front of him.

  “The State of California versus Barbara Madsen,” Judge Byers called out in a loud voice and then read an eleven- or twelve-digit number from a sheet in front of him. “Are the parties ready to proceed?” he asked in a perfunctory manner that suggested he didn't really care.

  Lloyd Martin and the blond man Brian assumed was with the district attorney's office both stood.

  “Garrett Gardner, ready for the people,” the blond man delivered, as if proud of the alliteration his name presented.

  Judge Byers looked unimpressed. “Mr. Gardner,” he said with a brief nod.

  “Lloyd Martin on behalf of Mrs. Madsen, Your Honor.”

  The judge acknowledged with another perfunctory nod. “We are ready to dispense with a formal reading of the charges and enter a plea?” Judge Byers asked.

  “We are, Your Honor,” Lloyd said with conviction.

  There was a brief moment of silence while a look of impatience took hold of the judge's expression. “Well, don't keep me in suspense, counsel.”

  “Right, Your Honor,” Lloyd replied. “Mrs. Madsen pleads not guilty.”

  “Fine. The record will so reflect. This matter is set over for preliminary hearing.” Judge Byers paused while he squinted to look at a large wall calendar fifteen feet away. “Four weeks from today.” He looked to the attorneys, both of whom were nodding. “Does that bring us current, gentlemen, or is there any other business for the court?” he asked in a tone that said his boredom threshold had already been exceeded.

  “There is, Your Honor. We seek Mrs. Madsen's release or bail.”

  Judge Byers gave a nod and looked to the district attorney. “Mr. Gardner?” he said, making the name sound like a question.

  “The people vigorously oppose any request for bail in this case, Your Honor. This is a murder one case.” Garrett waited to see what would come next.

  “And?” the judge said.

  “And, Your Honor, the defendant has committed a violent crime that suggests she presents a danger.” The judge stared at him attentively but without expression. “Further, Your Honor, this type of a case presents a serious flight risk if bail is allowed.”

  Judge Byers furrowed his brow at Garrett. “You believe that Mrs. Madsen presents a danger to society based on what?”

  “We are talking about heinous crimes, Your Honor. A shooting at point-blank range,” Garrett urged.

  “Granted, Mr. Gardner, those are the charges, but wasn't this clearly a crime of passion? Do you have some real reason to believe that Mrs. Madsen will commit a crime if released? Any past record?”

  “Your Honor, the state strongly resists bail in any homicide case.”

  Judge Byers nodded. “Mr. Gardner, the court would appreciate it if we could be a little less generic. Specifically, let me hear you address your concern that Mrs. Madsen is a flight risk. Is there any affirmative evidence that would so indicate?”

  Garrett hesitated, clearly not liking the way this was heading. After a lengthy pause, he spoke in a cautious tone, “Not at this time, but as Your Honor knows, such evidence is often hard to come by until after the flight has occurred.”

  “I do know that, Mr. Gardner. Any specific reason to believe that this defendant might depart the jurisdiction?” the judge pressed.

  “The nature of the crime and likely the severe sentence likely to result.”

  “There is a significant fact assumed in that statement, isn't there, Mr. Gardner? Namely guilt?”

  “Yes, Your Honor.”

  Brian looked at Lloyd, who was smiling now, obviously pleased with the way this was unfolding.

  Judge Byers spoke again to Garrett, “Didn't Mrs. Madsen make arrangements to turn herself in to the police?”

  “Well, technically, Your Honor. But she really had no choice. We would have picked her up anyway and …”

  Judge Byers smiled sardonically. “I'm sure you would have, Mr. Gardner. But that's my point. You didn't have to.”

  Garrett drew a breath and then said with renewed self-assurance, “With due respect, Your Honor, I'm not sure that such reasoning should prevail. Suspects who make deals to turn themselves in do so for many reasons known only to them and—” He glanced over at Lloyd and then back to the judge. “Perhaps their counsel. Those reasons, known only to those insiders, are sometimes followed by the suspect fleeing when released on bail.”

  “Point taken, Mr. Gardner. Speaking in generalities, we both know such cases exist. The court's job is to look at the case before me. In this case, there is no eviden
ce to suggest that Barbara Madsen, who is absent any prior record and who came in of her own accord, presents a substantial flight risk.”

  “Well, Your Honor, no one would have expected her to have perpetrated a double murder either.”

  Judge Byers frowned. “And that is not something to be decided or assumed here today. It will be up to a jury to make those decisions, after full consideration of the evidence that has not yet been presented.”

  “Yes, Your Honor,” Garrett said resignedly.

  “Assuming that the preliminary hearing presents sufficient evidence to hold the defendant for trial.”

  Brian blanched at hearing Barbara referred to as “the defendant.”

  “Well, Your Honor,” Garrett offered, preparing to take one more shot at what had become an uphill battle.

  Judge Byers interrupted his response by lifting a palm toward him. He nodded to no one in particular, in an apparent nod to the weightiness of what he was about to say. “I'm ready to rule. I do acknowledge the seriousness of the charges presented.” He paused and glanced at Barbara. Then he looked alternatively between the lawyers and resumed. “But I do not believe that this defendant presents a danger to society, nor a substantial likelihood of flight risk. Bail is set at five hundred thousand dollars.”

  He looked at Barbara. “Mrs. Madsen, you are not to leave this city, and you are ordered to appear at the time of the preliminary hearing four weeks from today, at nine o'clock in the morning in this department. Understood?”

  Barbara nodded and then said, “Understood, Your Honor.”

  “If for some reason you do not appear, a warrant will be issued for your arrest, and there will be no further opportunity for bail.”

  “Understood,” Barbara offered once more.

  Brian felt a sudden sense of sadness as he saw the hopelessness in her expression.