“Ms. Stokowski, why did he want you to go over the wall, if you know? Why not run out the front of the alley onto Dunbar Street?”
“Richie’s body was right behind us, and there wasn’t room, it was just horrible. So I went to the wall, and he helped me climb up on the trash bin, just like Jason’s lawyer said.” Linda exhaled, her eyes spilling with tears that she wiped with the back of her hand. “I didn’t need the help anyway, and I got over easy, and so I walked slowly away, down the street. I got away with it, all this time.”
“Ms. Stokowski, why did you come forward today?”
“Because of what his lawyer said, when she was asking him questions.” Linda gestured at Bennie. “She said that Jason was in jail his whole life and now he is going to be in jail the whole rest of his life. She was right. He didn’t deserve to go to jail for what I did, and I knew it was wrong to stay quiet, to let him take the blame. I did it for my kids, I knew they needed me. But I can’t sleep at night, I can’t live with myself any longer. I feel like a hypocrite, when I pray.”
Bennie glanced over to see a distraught Paul Stokowski next to Doreen, who was being held by Declan.
On the stand, Linda wiped her eyes. “I’m so sorry, honey. I’m sorry for what I did. I didn’t mean to kill Richie, I really didn’t. I didn’t mean for the affair to happen, either. I’m sorry, Doreen, Declan, the boys. I don’t know what will happen to me now, but all I know is, I have to do the right thing. Before God. Now. Finally.”
Bennie’s mouth went dry. She should have felt relieved, but she wasn’t finished yet. Jason didn’t move or make another sound.
Martinez turned to Judge Patterson. “Your Honor, in view of this confession, the Commonwealth is charging Ms. Stokowski with general murder and taking her into custody.”
“Sheriff?” Judge Patterson turned to the sheriff, who approached the witness stand with several uniformed police officers. Linda stepped out of the witness box, teary and upset, but came forward to meet them. She offered her wrists to the cop, and he clamped the handcuffs around them, then informed her she was being charged with murder and recited her Miranda rights again.
“Linda!” Paul Stokowski rushed to the bar of the court but a uniformed officer kept him from coming through. “I love you, honey!”
“I love you, too!” Linda called back, without looking over her shoulder.
Bennie and Martinez watched motionless as the uniformed officers escorted Linda through the pocket door into the secured part of the courthouse. Hoarse sobs came from the gallery, but Bennie didn’t dare look in that direction. Jason slumped, ashen-faced, at counsel table, and behind him, Lou looked stunned.
Bennie turned to Judge Patterson, her heart pounding. “Your Honor, I request that the Commonwealth dismiss the charges against my client. Jason Lefkavick did not commit this murder and he should not be prosecuted for it any further.”
Judge Patterson turned to Martinez. “Mr. Martinez, what is the Commonwealth’s position?”
Bennie held her breath, her heart pounding.
CHAPTER SIXTY-THREE
Martinez pursed his lips. “Your Honor, the Commonwealth will agree to dismiss the murder charges against the defendant. But—”
“But what?” Bennie snapped.
“The defendant will be charged with perjury, obstruction of justice, providing false information to police, and hindering the arrest of another.”
“Your Honor, that’s outrageous!” Bennie exploded, turning to the judge. “It’s undisputed that my client lied only to save the life of a woman and of her unborn child. How can the Commonwealth even think of prosecuting him for perjury? And when they try him, who will they put on the stand to prove it? Ms. Stokowski herself?”
“Ms. Rosato, please.” Judge Patterson raised a calming hand. “The matter of any remaining charges against your client need not involve this Court. They should be hammered out between you and—”
Bennie turned to Martinez, on fire. “Come on, do you really think that Ms. Stokowski’s going to make a great witness in a perjury trial against my client?”
“Ms. Rosato?” Judge Patterson called from the dais, but Bennie wasn’t about to stop now, realizing an emotion deep within was powering her.
“Martinez, you’d better not think about bringing an obstruction-of-justice charge. You charged him with a crime he didn’t commit and you had him in jail for over six months after he had already spent an entire childhood in jail, thanks to Kids-for-Cash!” Bennie felt herself lose control for the first time in court, or maybe anywhere on the planet. “Is that justice? The Commonwealth is the one who should be charged with obstruction of justice, not Jason Lefkavick. The entire system should be charged with obstruction of justice, not my client, who is its victim. Shame on you!”
“Order!” Judge Patterson banged the gavel. “Ms. Rosato! Ms. Rosato!”
“Martinez, let my client go home today or there will be hell to pay. I will scream bloody murder in front of this courthouse. I will talk to every reporter I can. I will bring charges against your office for malicious prosecution and civil rights violations.”
“Order! Order!” Judge Patterson kept banging the gavel. “Ms. Rosato, I’ll hold you in contempt! How dare you ignore me!”
Bennie bore down on Martinez. “Think about it. Be smart. If you dismiss all charges against him, we can walk out together, talk to the media, and present a united front. I can make you look good or I can make you look bad. There’s already egg on your face. You want to make it worse or you want to make it better? Your choice, Martinez. Decide.”
“Order! Order!” Judge Patterson slammed the gavel even harder, and Bennie stopped short of telling her it was giving her a headache.
Martinez sighed heavily. “I see your point, but I have to call my boss.”
“And you’ll recommend that the Commonwealth dismiss any and all charges against Jason Lefkavick?”
Martinez nodded. “I’ll recommend that and I feel confident that he’ll agree, in view of this surprising turn of events.”
“And my client will be released immediately?”
“That I can’t promise you. It could take a day or two, procedures and all.” Martinez shook his head. “Let me make the call first, would you? Sheesh!”
“Counsel! Counsel!” Judge Patterson shouted, throwing the gavel at them, which brought Bennie out of her reverie. She had pissed off judges before, but never to the point of assault with a deadly weapon.
“Your Honor, I’m sorry.” Bennie tried to soften her tone. “I got carried away, please accept my apologies.”
Martinez faced the dais, chastened. “I apologize as well, Your Honor.”
“Good Lord, counsel!” Judge Patterson shouted. “You’re lucky I’m not tossing you two in jail, together! Do you mind if I run my own courtroom?”
“No, Your Honor,” Bennie answered, though it might have been rhetorical.
“Apologies, Your Honor,” Martinez added.
“Now.” Judge Patterson sat upright, composing herself. “Ms. Stokowski’s voluntary confession having been heard, and both counsel having agreed, it is clear to my satisfaction on the record that the murder charge against defendant Jason Lefkavick shall be dismissed. And somebody get my gavel back!””
“Thank you, Your Honor.” Bennie looked at Jason, who still looked dazed.
“Mr. Lefkavick?” Judge Patterson peered down from the dais. “The murder charges against you are hereby dismissed. You will remain in the custody of the Commonwealth until such time as you are released. Please remain seated while the jury returns to the courtroom and I dismiss them.”
“Thank you, Your Honor,” Jason said, quietly.
“Counsel, please return to your seats,” Judge Patterson ordered, and Martinez was already in motion.
Bennie returned to her chair and sat down. She felt lost in her own thoughts, distanced from everything around her, even as the jury returned to the courtroom and settled excitedly into their chairs, only to f
ind out that they were leaving. Judge Patterson told the jury that, rather than spending an inordinate amount of time explaining the details of what happened while they were out of the courtroom, she advised them they would almost certainly get all of the information they needed when the account of what had taken place in their absence would be reported by the media the following day. Judge Patterson gave them general instructions on talking to the media, picking up their per diem checks, and getting their parking validated, but Bennie barely listened, sensing a deep sadness settle into her bones.
She was relieved that Jason wouldn’t go to prison, but it was still so awful that Linda would, and it struck her that all of the despair and death was so needless, the horrific result of an incarceration that began in a middle-school cafeteria, of all places. If not for being sent to River Street, Jason would have been a different man and Richie would still be alive, having grown up a different man, too, especially with Declan in the picture. Bennie didn’t think that anybody had gotten justice, even today. Justice wasn’t what people really wanted, anyway. What people wanted was everything back the way it was. Justice was only a consolation prize.
“Court is adjourned.” Judge Patterson banged the gavel, which someone must have retrieved for her. “Thank you, ladies and gentlemen.”
Bennie looked over at Jason, who looked back at her, his haunted eyes brimming with tears. Neither of them could say anything, and neither of them knew what to say. There was too much and too little, both at once. Bennie reached for him and gathered him in her arms, holding him like she used to, when he was just a little boy. It struck a chord in her, and she thought of her own baby, gone so long ago.
She found herself glancing back at the gallery, looking for Declan.
But the pew was empty, and he was gone.
CHAPTER SIXTY-FOUR
Bennie and Lou stepped off the elevator, dragging their heavy trial bags, and entered the reception area, where they ran into Mary, Judy, Anne, and John, who were just going out, a happy gaggle heading for lunch.
“Hey, everybody.” Bennie managed a smile as she set down the bags.
Mary’s face fell. “You lost? Aw, I’m sorry.”
Judy looked over, her lower lip puckering. “Bennie, nobody wins ’em all. It was such a hard case. The evidence was overwhelming.”
Anne nodded. “Right. Bennie, you did your best and that’s what counts. No lawyer can guarantee a result, especially in a jury trial.”
John stepped forward. “Again, Bennie, I’m so sorry I spoke to the press. I’ll never do that again, I swear. I feel terrible about it.”
Bennie reddened at the reminder that all of them knew about Declan. She was facing them for the first time and suddenly she couldn’t meet their eye, not any of them. She felt embarrassed and flustered, even as Lou, standing beside her, started chuckling.
“Cheer up, kiddos,” Lou said, smiling. “We didn’t lose, we won.”
“You won?” Mary’s eyes flew open, incredulous. “Congratulations, Bennie!”
“You won! Yay!” Judy cheered. Anne and John joined in, Marshall hustled from the reception desk, and they all enveloped Bennie and Lou in a group hug, which was evidently becoming an office tradition, to her dismay.
“Thank you, everyone,” Bennie said, flushed, when they’d released her.
Mary grinned, but looked puzzled. “Bennie, if you won, why are you so bummed out?”
“I’m just tired, is all.” Bennie picked up the bags, turning toward the conference room. She didn’t want to explain anything. Only she knew why she felt like she’d lost, even though she’d won.
“It’s because of me, isn’t it?” John called after her.
“What?” Bennie paused, setting down the bags again.
“You’re upset because of the article, aren’t you? It’s my fault.” John frowned deeply, with uncharacteristic animation. “I’m sorry, but to be honest, you shouldn’t be embarrassed. He should. Whoever this guy was, he was crazy to let you go, and I can say that, as a guy.”
Lou threw up his hands. “I told her the same thing!”
Mary came over, her eyebrows sloping in sympathy. “Bennie, all of us have been broken up with. You’re not the first, and you won’t be the last.”
Judy nodded. “Bennie, that’s true. Frank and I just broke up, after years together. It happens to everyone. There’s no reason to be embarrassed.”
Anne flared her lovely eyes. “Even I’ve gotten broken up with! I mean, hello, what’s up with that?”
Everyone laughed except Bennie, whose throat tightened with emotion. “Well, thanks,” she said, touched. “It’s just new to me, everybody knowing my personal business.”
Mary shrugged, smiling. “So what? You’re a human being, just like the rest of us. It didn’t change anything, except that we all feel closer to each other.”
“We do?” Bennie asked, only half-joking.
“Yes, we do!” Mary grabbed her arm and tugged her back toward the elevator. “We’re taking you to lunch to celebrate!”
“No, no,” Bennie protested reflexively, but Lou took her other arm, while Judy, Anne, and Marshall came around her back, and they all carried her forward as if they were a team and she were a winning coach.
Which, she realized, was actually true.
Even if it didn’t feel that way.
CHAPTER SIXTY-FIVE
That night, Bennie almost fell asleep in the back of the cab, going home. It was dark, and the air felt warm, lulling her into a fugue state. She’d enjoyed the celebratory lunch with the gang, but when she’d gotten back to her desk, her moodiness had returned. She knew it was about Declan, but she’d pressed him from her mind. She’d closed the door to her office, busying herself with answering emails and catching up with clients, but she was distracted. She’d checked her email, but he hadn’t written. She’d checked her phone, but he hadn’t called or texted. He was gone.
The cab lurched around the corner and turned onto her block, and she opened her eyes, rousing herself. She briefly entertained the fantasy that Declan would be sitting on her doorstep, like he was before. She edged up on her seat, checking her front stoop, but there was no one there. Her house was bare and dark, her neighbor didn’t even have the light on. Declan was gone, for good. Maybe it was for the best.
Bennie stifled an inner sigh as the cab came to a stop, and she paid the driver and thanked him, getting out of the cab, closing the door behind her, and walking between the parked cars, fumbling in her bag for her keys on the way to the door. There wasn’t enough light to see her house key on the key ring, but she found it by feel because it was the only one with the rubber top, a must-have accessory for workaholics, who always came home after dark.
She climbed her front steps, trying not to think about Declan. Maybe it was time to get a new dog. She still missed Bear, but she wanted something to come home to that was alive and huggable. She inserted the house key in the lock, wishing she could call a dog rescue and have them deliver a dog in twenty minutes, like takeout. The dog would be rescuing her, of course. She couldn’t deny the feeling that she needed something to get her through the night.
“Hey,” said a soft voice, behind her.
Bennie stood still at her door for a moment, without turning around. She couldn’t tell if it was her imagination. If it was, she’d lost her damn mind. She turned around and blinked. It really was Declan, standing there. His face was in shadow, but she would know his silhouette anywhere. Suddenly, she felt flustered. She had gotten her wish and didn’t know what to do.
“May I come in?” he asked quietly.
“Sure, right, yes.” Bennie finished opening the door, swung it wide, and went inside the house, dumping her purse in the entrance hall and turning on the light, wanting to see his face, to gauge how he was feeling.
“Thanks.” Declan closed the door behind him, averting his eyes, and Bennie scrutinized his handsome features, but couldn’t get her answer. His expression was tired, even defeated.
He had a five o’clock shadow, and his thick, wavy hair was layered, as if he’d been raking his fingers through it. He had on the same suit as he’d worn in court, but it was wrinkled and his tie was loosened, the top button of the shirt unbuttoned.
“So, can I get you something to drink?” Bennie flicked on the lights, illuminating the living room. She didn’t know what he wanted or why he was here, and she didn’t know what she would say.
“No, I’m fine. Can we talk?”
“Sure. Yes. Please, sit down.” Bennie gestured awkwardly at the sofa on the left, and she sat down at the one on the right, facing him. Between them was a coffee table and God knows what else—love, hate, passion, joy, anger, resentment, and a baby, long gone.
“Thanks.” Declan sat down on the couch, perching on the end of the cushion and raking his hands through his hair.
“So.” Bennie braced herself.
“So.” Declan looked up. “I don’t know where to begin.”
“Good, because I don’t know where to end.” Bennie was only half-kidding.
“First.” Declan drew himself up, with a sad smile. “I’m sorry. I’m sorry that I gave you such a hard time for representing Jason. I’m sorry for all the bad things I’ve been thinking about you for doing that. I’m sorry that I came here and gave you that ultimatum.” Declan paused, working his jaw. “I’m sorry for everything that happened to Jason that Richie caused. I’m sorry that Richie is dead.” Declan’s eyes filmed, but he blinked them clear. “I heard the truth today. I’m not stupid. I know that Richie didn’t grow up to be a good man. But he started out a good boy. And it wasn’t his fault, that he went wrong.”
“I agree.” Bennie could see that Declan was still in deep grief, which only set her nerves more on edge. He was feeling the loss of someone he considered his son, but Bennie could tell from the warmth in his voice that it seemed as if he wanted her back. If he did, she’d have to tell him about the baby he lost as well. She thought unaccountably of Linda Stokowski, telling the truth today to relieve a guilty conscience, no matter what the personal cost. Bennie wondered if she had the same courage. And if she did, would it cost her Declan, all over again.