Hostile Witness (22 page)

23

Josie knew one thing: all problems could be solved.

Fritz Rayburn was a problem. Someone solved it by eliminating the source. Josie’s father solved his problems by the book.  Emily Baylor-Bates ran away. Linda turned a blind eye, some people ignored their troubles, and some created bigger ones to take their place. Then there were people who solved their problems the good old-fashioned way – they worked at it.  Ask the right questions, determine if answers were truthful, make a plan, follow through and regroup if necessary.

Now they were waiting to see how Judge Norris would solve the problem of Hannah Sheraton.

Linda and Kip sat in the empty jury box, isolated, huddled together, and holding hands. Kip didn’t move; Linda couldn’t sit still. She leaned into her husband, put her hand on his knee, draped her arm over his shoulders, dropped her head so that it nestled against his jaw, and spoke to him in whispers.  The only thing Linda Rayburn didn’t do was look at Josie pacing in the back of the courtroom.

Josie checked her watch incessantly, and wished a thousand times that Norris would have let her stay in chambers while he spoke to Hannah.  She promised silence. He had dismissed her, and now time wasn’t going any faster because Josie was up and moving. She sank onto the back pew, put her knees together, and splayed her feet outwards considering the fine point on the toe of her high-heeled boots.

“Bates?”

Josie started and sat up straighter, instantly on her guard. Rudy Klein swung himself onto the pew in front of her.  

“What’s going on out there?” Josie cocked her head toward the door, keeping her voice low.

“The press is getting ready for a feeding frenzy.  You’re headlines again. That’s quite a talent.”

“Anything else?” Josie had no patience for him and this little game of dredging up the past.

“No. I guess not. Just thought you might like some company. I suppose I was wrong.”

Rudy started to get up. Josie stopped him.

“Sorry. Sorry. I’m a little sensitive at the moment.”

Rudy sat down again.  He hung one hand over the back of the pew. He spoke quietly, thoughtfully.

“You’re not the only one. And you’re not the only one who feels bad about all this.” Rudy sighed. His fingers drummed lightly on the back of the bench. “I’ve got to tell you it makes me feel terrible.  I admired Judge Rayburn. I don’t want to think he could do what you’re saying he did. Not to a kid. Not his son or that girl.”

Josie looked at Rudy as his voice trailed off. He was a truly handsome man. His hair waved back from a broad, intelligent brow. The eyes that looked so lazy were actually bright and telling.  He had probably been a hell of an actor but he wasn’t acting now. Rudy was disturbed and fighting to stay true to his own charge.

“I don’t think anyone wants to believe it, but that is what we’ve got,” Josie said.

“Maybe. Maybe not,” Rudy sighed and rubbed his hand over his eyes. “I just wonder if you really know what you’re doing. I mean the press is going to run with this, a lot of things are going to be called into question: Rayburn’s judgments, the governors, your own part in this.”

“Are you concerned for my professional reputation?”  She slid her eyes toward him, wary of the opponent at rest.

“I wouldn’t like to see you go down the tubes and I think you might.   You’re running with a ball but you didn’t consider who made the pass.” Rudy rested his chin on his hand.  “Maybe asking for a continuance and checking out the kid’s story before you came out with all guns blazing might have made a little more sense”

“It’s nice of you to worry about me. I think my reputation will survive,” Josie drawled.

“Hey, come on.  I’m not rooting for you to go down, this is just some advice. Whatever is between you and the girl’s mother is between the two of you. But what she has to say about this girl being delusional, or self destructive, or whatever, may be right.”

“And I believe my client,” Josie answered. “That’s enough.”

He shook his head, sliding his arm off the back of the bench in dismay, genuinely distressed.

“Then you’re going to be the only one.  Fritz Rayburn was a California Supreme Court Justice. I can recite his resume chapter and verse. There has never, ever been a hint of scandal and now a girl with mega problems is crying foul. You’ve got to see the downside of all this.”

Josie pulled her feet together and leaned forward. She kept her voice low.

“Rudy, why does age and accomplishment count for more than youth and fear? I think telling me about this was a pretty gutsy thing for Hannah to do. I wish she’d done it earlier. She knew people would react the way you are. Nobody wants to scrutinize Fritz Rayburn, or call him to account. Do you think Kip would have stood up for Hannah if she told him? Do you think her mother would?”

“I would, had there been credible evidence,” Rudy insisted.

“Right. The same way you’re willing to believe her now,” Josie scoffed. “Give me a break, Rudy.”

She turned her head. Kip was watching them, and when Josie caught his eye she was overwhelmed with sadness for everyone: Kip, Linda, and especially Hannah. Then she looked around the courtroom and the feeling passed. No one in here did anything because they felt sorry for a fellow human being. Here everyone was driven by a higher purpose, and Josie’s was justice for a girl who had no power.

“You said you and the DA want to hold kids who kill accountable.”  She sat up straighter but still spoke quietly.  “Why shouldn’t accountability work both ways?  I’d like to think you’d prosecute Fritz Rayburn if he were accused.  I’d like to think I would defend him because everyone is innocent until proven guilty. But Fritz Rayburn isn’t my client. Hannah is. She deserves everything I’ve got to give including laying the truth out like a bed of nails and making you lay down on it. I expect you to fight back hard, but what I really expect, Rudy, is that we’ll just get to the truth. Most often this is where the truth finally comes out if you dig deep enough.”

Rudy Klein pulled his lips together. Josie Baylor-Bates believed in her client as much as he believed Hannah Sheraton was responsible for Justice Rayburn’s death. 

“I can bury you with this abuse thing if you pursue it, Bates.  It’s motive pure and simple,” he said bluntly. “I’ll talk to the District Attorney about a deal. Let’s make this go away before it goes any further.”

Josie looked over at Kip Rayburn then back at Rudy. “No, Rudy. This time I’m right.  It’s a reason for Hannah to have defended herself not the other way around. No deal.”

With that Josie stood up. The door of chambers had opened.  Judge Norris had Hannah by the arm and was escorting her into the courtroom.

Linda rushed out of the jury box, hands out to her daughter. Hannah looked away and stayed close to Judge Norris. Kip stood behind Linda.  Rudy followed Josie until they had all congregated behind the bar. Judge Norris and Hannah were in front of it. Norris spoke quietly and firmly.

“I have decided to grant a continuation per Ms. Bates’ request. This trial will resume on Tuesday the sixteenth.  This court will recognize Ms. Sheraton’s adult status without emancipation proceedings. She has chosen to have Ms. Bates continue as her defense attorney. She has also decided there will be no further discussion of plea bargain unless the attorneys are present, and the defendant agrees.”

“Oh, God.” Linda uttered a cry under her breath and turned into her husband.

“I am, however, in a quandary regarding where Ms. Sheraton will live for the duration of these proceedings.”

“I don’t understand. She’ll come home with me,” Linda said. “Didn’t she say she wanted to come home with me? Hannah?”

“After today the court will decide where Hannah lives. It is clear to me that the emotional wounds in this matter run deep and cut two ways.  The court is sympathetic to both parties, but” he held up one hand, a finger toward heaven, “I will not have this defendant intimidated or subjected to undue influence during the course of this trial. Because of what happened here today, I am reluctant to release Ms. Sheraton to the custody of her mother while she resides with Mr. Rayburn.”

The judge looked over Linda’s shoulder to her husband.

“I understand how difficult this must be for you, Mr. Rayburn. I know that the choice to testify for the prosecution must have been a very difficult one.  However, that choice will not soon be forgotten in the same way that your suspicions will not be put to rest easily. There will be no magic once you walk out of this courtroom that will allow you and Ms. Sheraton to reside civilly under the same roof for the duration.”

“Judge,” Josie stepped forward, “the ramifications would be even worse if Hannah was remanded to county care. I know the court wouldn’t want to see any more harm come to her.”

Norris smiled sadly, “No, this court does not. But harm comes in many guises.  While I don’t want her in physical distress, I also don’t want to see any deterioration of her mental state. If the hostility exhibited today continues because she is confined to her home I’m afraid that’s what I see in her future.”

“But. . .” Josie began to argue. It was Kip who ended the discussion.

“I won’t be going back to the Malibu house,” he said. Linda gasped and turned toward her husband, forgetting Hannah.

“Kip, there’s no reason to do this. I’m sure we can work this out,” Linda insisted but Kip ignored her.

“I won’t be going back, Judge.” Kip’s voice was flat, his expression determined. He seemed unmoved by Linda’s touch, her panic, and her need.

“Ever? Kip, you don’t mean you’re never coming home, do you?” Linda whispered softly.

“Mrs. Rayburn?”

Judge Norris called.  Linda blinked.  She hesitated, reluctant to take her eyes off Kip.  Her skin was pale. Her hands were trembling as they grasped her purse. She looked stunned.

“Mrs. Rayburn, I will need your assurance that your priority will be your daughter. From now until the end of this trial you will be responsible for your daughter’s whereabouts twenty-four hours a day. Is that clear? Mr. Rayburn will not be in the Malibu residence. If you see him, you will take steps to insure that your daughter is monitored and safe.”

Linda looked from Kip to the judge and back again.  Linda was being called upon to divide the baby and Josie held her breath, wondering which she would choose.  Finally, her voice low, her eyes unable to meet Norris’s, Linda nodded.

“Yes. I understand.”

“Fine. Mr. Rayburn will advise this court of his residence.”

“The house in the Palisades.” Kip’s gaze leveled first at Hannah, and then at Josie.

“My clerk will need the full address and phone number,” the judge instructed. “Mrs. Rayburn and Ms. Sheraton will continue to reside in Malibu. If there is a problem with this, other living arrangements will be made for the defendant.  I would prefer that doesn’t happen. In fact, I hope I have made clear how very much I don’t want that to happen.”

“Can I take Hannah home now?” Linda asked.

“Yes. I won’t change the provisions of bail as long as Ms. Sheraton abides by them. Is that understood?”

“Yes, sir,” Hannah whispered, her eyes darting to her mother, her right hand moving against her thigh in measured beats.

“Good. Then I suggest you all go home.  Mrs. Rayburn is to leave every possible channel of communication open for Ms. Bates and her client. Is that understood?”

“Yes,” Linda murmured.

Josie stepped forward to offer her support but Linda was quick. She wanted nothing to do with Josie. Linda bundled Hannah up and pulled her away from Josie, the court, the judge, and Rudy Klein. Josie followed, catching up with Linda at the door.

“Hannah. Linda. Wait,” Josie called.