Beyond Innocence (12 page)

*

Serena looked up when her mother joined her at the table. She’d placed a call to her right after she got off the phone with Paul, but still she hadn’t expected her to arrive at the restaurant so quickly. Marion gave her a hug before taking a seat.

“Talk to me. What’s wrong?”

Marion’s voice conveyed worry, anxiety, concern. Serena instantly wanted to put her at ease. “It’s Eric. I’m probably blowing things out of proportion. I need an impartial opinion.”

“I’m all ears.” Marion settled back in her chair. “I’m not sure how I can ever be impartial when it comes to you, but I’ll do my best.”

She’d kept her parents up to date on Eric’s case, but in vague, general terms. They’d never known Eric, and she imagined their interest in his situation was partly feigned to appease her. Whether they were really concerned hadn’t mattered to her before, but she was desperate for affirmation now that she felt Eric’s case had been abandoned to an attorney who couldn’t care less about freeing a convicted murderer from prison. She took a deep breath and started with the hardest part first. “They’ve set a date for his execution.”

Marion gasped, the look of horror on her face sincere. “It seems so soon.”

“It does. Of course, it’s been years coming. I guess it just seems so soon to me since I only just found out he’s sitting on death row.” Serena couldn’t keep her voice from cracking.

Marion reached over and grasped her hand. “Not your fault. There’s no way you could have known.”

“That’s the thing. I could have found out. I didn’t keep track of him. I wrote him off after the last time.” Her last ultimatum to Eric rang in her ears. She’d stayed true to her convictions, but at what cost? She was about to lose the only blood relative she had, and she’d squandered the years apart. For so long, she’d ducked questions about siblings, finding it easier to live a solitary life than answer the banal, yet expected questions that regularly came from friends and co-workers. A closer relationship would naturally lead to deeper revelations, revelations she avoided at all costs. What would, could she say when Eric died from the executioner’s needle?
Yes, I had a brother once, but he went to prison and was put to death for rape and murder. By the time he died, I didn’t really know him well.
She couldn’t imagine sharing these very personal details with anyone she was attracted to. Now that she knew more about Cory, she regretted she already had.

“We have to draw the line somewhere. Even with people we love.”

“Is that really true? Would you cut me off if you didn’t like the things I did? I find it hard to believe there is anything I could do to displease you.”

Marion laughed. “Oh, I’m sure there’s something. We would never stop loving you, but yes, there is a line that marks how much we could take. I don’t know what it is since you’ve never even come close to crossing it.” She crossed her arms and assumed a serious expression. “Let’s talk about Eric. I’m going to ask you a very difficult question, but I think it’s important. Do you think he did what he’s accused of doing?”

The question struck her like a thunderbolt. Was Eric’s guilt or innocence the crux of it? If he’s guilty, move on. If he’s innocent, fight like hell? If only it were that simple. Problem was, she didn’t have an answer for the predicate question. “I wish I knew. But even if I did, I’m not sure it would make this any easier.”

“Oh, honey, I didn’t mean to imply it would be easier. It’s just that I know that you’re expending a lot of time and energy, and I hate to know your efforts are futile.”

“In other words, if he’s guilty, what’s the point?”

“Pretty indelicate, but I suppose that sums it up.”

“Do you believe in the death penalty?”

“I’ve always thought I did. That some acts were so heinous no other punishment would suffice.”

“I suppose I did too. But now…Now, how can I when I’m faced with so many uncertainties about whether or not he’s even guilty? Even if he weren’t my brother, I have fears about the weaknesses in the system. What if they kill him and then we find out there is a question about his guilt? The only finality would be the fact he’s dead.”

“Are there legitimate questions about his guilt?”

“I don’t know. What I do know is that there are legitimate questions about whether he got a fair trial, whether all the evidence was examined by his defense attorneys, whether the jury was allowed to consider everything in their deliberations. Ultimately, none of that may matter, but what if it does?”

“Aren’t these the things the clinic is looking into? Can they do all that before the…” Marion seemed to be fishing around for a word other than execution. “Before it’s too late?”

“I don’t know. The attorney who has been working on his case had a heart attack. They’ve assigned someone else.”

“Have you talked to the new attorney?”

“Yes. Well, no. I mean I met with her when I was in Dallas, but I didn’t know then she would be working on Eric’s case. Well, she helped me find the investigator, but that was all she was doing. Now she’s going to be in charge.”

“You don’t look very happy about the prospect. Did you butt heads when you met?”

Exactly the opposite. “No, not when we met. She was amazing. She was kind and thoughtful. I thought she would be a wonderful advocate for Eric.”

“What changed?”

Everything. The moment she found out Cory was a prosecutor, she’d felt violated. Like she’d bared her soul to the enemy. Would her reasons seem petty, spoken out loud? She decided not to take the risk. “I feel like I need to be there. To make sure everything possible is being done.” Her proclamation was a surprise. She didn’t know where the words had come from, but now that they were spoken aloud, she knew returning to Dallas was what she had to do.

Marion didn’t hesitate to jump on board. “Whatever you need. For however long you need. Certainly, your boss will understand. I think these last couple of trips were the first time off you’ve taken in years. You deserve to take some time for yourself.”

Would her boss understand? Was her stability worth risking for the slim chance she could do Eric any good? Her stomach churned as she considered the risk, along with the prospect of seeing Cory again. Seeing Cory would be for Eric, not for herself. Why then did she feel a sense of excitement instead of dread?

Cory hit the alarm clock, but it took several swipes before she was able to silence its incessant buzzing. When she rolled back toward the middle of the bed, she bumped into a surprise. Julie, propped up on her elbow, flashing a devilish smile.

Cory glanced at the window, noting streaks of sunlight playing across the covers. Julie never spent the night. She cleared her throat, but her voice was still scratchy from lack of sleep. “You do realize the sun is up?”

Julie stretched. “I thought I’d mix things up a bit.”

“You’re going to be late for work.”

“I have a doctor’s appointment this morning. Thought I’d enjoy sleeping in for once.”

Cory sat up and threw her legs over the side of the bed. “Well, now that you’re awake, I’ll make you some coffee.” She started to move, but Julie grabbed her arm.

“Where are you off to in such a hurry? I thought we could have a few replays of last night.”

Of course Julie assumed that if she had time to play, Cory did too. She was wrong this time. “I have to get to the office.”

“Office? Can’t you do your charity work another day?”

Cory’s anger simmered. “Charity work? You know as well as anyone that the work I’m doing is important, at least to my professional future.”

“What’s that supposed to mean?”

“Right, Julie, like you don’t have a clue. Think you can pick up the phone and call the state bar and get them to reinstate me without sanction? Ready to call your boss and fade the heat for my comeback?”

“Why are you so angry? I thought we had an agreement.” Julie pouted, sporting a look that Cory had once found endearing, but was not even remotely attractive now. She sighed. They did have an agreement, and she’d promised to keep up her end. The reward would make the struggle worth it. At least she’d hoped that was the case.

“Sorry. I’m just tired and frustrated. Paul put me in charge of one of Greg’s cases since it looks like he’s going to be out for a while. The work is more exhausting than I expected.”

“What case?”

Cory heard the edge in Julie’s tone. “Don’t worry. I’m not working any Dallas County cases. This is one from a few years back. Out of Rinson County. Kidnapping, murder. Eric Washington.”

“Waitress at the bar off I-20? I remember that case from the news. Didn’t he work with her? Didn’t he rape her too?”

Cory had always been impressed by Julie’s ability to remember everything she’d ever heard or read. “He did work with her, but he wasn’t working there when she was murdered. He’d gone in to pick up his last paycheck the night she was abducted. Cops focused on him from the start. And they never charged him with the rape, only used it during punishment.”

“Probably with good cause. Didn’t he have a rap sheet a mile long?”

“Yes, but nothing like rape and murder.”

“Robbery?”

“Yes, but never with a weapon.”

“Had to start somewhere. I recall she was pretty. College girl. He probably wanted her and she rejected him. He showed her who was boss and now he’s going to fry for it.”

Not if I can help it
. Cory surprised herself with the sentiment. She knew it would send Julie over the edge. Julie gave new meaning to the term black and white. She never bothered with pesky shades of gray since they only got in the way of her view of swift and sure justice. What had happened on the Nelson case had merely reinforced her world view. Julie believed that Ray Nelson had gotten away with murder, and nothing would dissuade her. Cory looked for a way out of this conversation. She wasn’t in the mood for a fight.

“Well, maybe he will die, but last time I checked, we don’t fry people in Texas.”

“Sorry, I meant he’d be enjoying the stainless steel ride.”

“Don’t do that.”

“Do what?” Julie’s look of surprise was genuine.

“Joke about it.” Julie gave her a blank look and Cory knew she had to name the “it.” “Joke about killing someone.”

“Lighten up. I’m not joking about killing someone. I’m adding a little levity to a necessary evil. If we want to protect the good citizens of the state of Texas, we have to kill a few of the bad ones.” Julie cocked her head. “I mean, it’s great for PR that you’re doing all this volunteer work for the downtrodden, but you’re not going soft on me are you?”

She wasn’t, but talking about executions in the abstract was one thing. Talking about strapping Serena’s brother to a table and dousing him with a death cocktail was a completely different story. She’d never met Eric, but knowing the pain his death would cause Serena gripped her hard. Whether Eric was a killer or not, Serena was an innocent bystander, and she didn’t deserve to suffer. Cory made a silent vow she’d do everything in her power to make sure if the state of Texas was going to kill Eric, his death was justified.

Julie intruded on her thoughts. “Join me for a quick breakfast before my appointment?”

Her sudden desire to act like a couple irritated Cory. “I can’t. I told you, I have to get to the clinic. I’m late enough as it is.”

“No need to gripe at me. It’s rare we have time to be together in the mornings. I just thought—”

“We always have time to be together in the morning; you just choose not to take advantage of it, until now. What changed, Julie? Why the sudden cuddly lover routine?” Cory didn’t bother adjusting her tone. Julie’s careless remarks about Eric fueled the agitation that always lurked just below the surface. A night of sex had only served to shine a spotlight on their differences. Julie was content with physicality. She thrived on hungry bodies writhing their way toward release. She had no use for attendant feelings like love and compassion. No, she viewed them as a liability. Until recently, Cory felt the same. She couldn’t explain why, but suddenly she wanted more.

Julie didn’t appear to be fazed. Already out of bed, she pulled on the rest of her clothes and strode over to Cory. “I know you’re stressed, and I can’t blame you. I promise this will all be over soon and things will be back to the way they were.” She brushed her lips against Cory’s cheek. “I’ll call you later.”

In an instant, she was gone. Cory reached a hand to her face. There was a time a kiss from Julie excited her. Now she was only relieved that she was gone.

*

Eric Washington’s case comprised three banker’s boxes. One of them consisted of all the post-trial court filings. Hardly seemed right that a man’s life could be taken away from him with only a few boxes of paper to show for the fight waged in his defense. After reading through the transcript, Cory was already convinced Eric’s lawyers hadn’t put up a good fight. It was almost as if they were scared to challenge any of the state’s evidence. The ineffective assistance writ Ian had worked on made good, albeit unpopular, arguments that the trial attorneys provided ineffective assistance to their client, but such arguments were always an uphill battle. Lawyers protected their own. Mostly. Considering her own situation, Cory laughed at the irony.

If she’d been on trial for her life, she would have expected her attorneys to take every risk imaginable. After all, what would she have to lose? Eric’s attorneys were well respected and they’d had to qualify for death penalty court appointments, but the record was clear. They’d played it safe, dancing around the testimony of the state’s experts, trying to poke holes, but never presenting evidence of their own to challenge the damning conclusions. Cory didn’t have a clue what it took for indigent defendants to get funding to hire their own experts, but she’d seen defense counsel make it happen before, so she knew it could be done. A death penalty case seemed to make extra financing necessary. The affidavits the trial attorneys had filed in response to the ineffective assistance claim were a study in artful dodgery.