Matt woke up early enough so that he could watch the sunrise from the patio and order up some breakfast just in time to see C.J. come out of the bathroom, her hair damp and wearing her blue robe. She looked at him taking food off of the cart and putting it on the island near the wet bar.
"Wow, that's quite a spread you ordered," she said, "Looks delicious."
He'd ordered omelets, roasted potatoes, toast, mixed fruit and plenty of orange juice. She went for the coffee maker first before hitting the breakfast food.
"You sleep well?"
She nodded and she did look more rested than last night. They had talked on the couch for a while and then headed off to bed. Now they stacked their plates with food and headed towards the table outside the French doors. The day had already started warming up and they could feel the sea breeze caressing their skin. Matt watched her as she opened up some packets of jelly to put on her toast. She looked much more relaxed and her hair had started drying in tighter ringlets.
"How about you…?"
"Very well…."
That was mostly true but he'd spent some time lying in bed awake thinking about what they had talked about before they turned in. About how maybe they'd give this dating thing a try and see how it worked out. He had a feeling it'd go great but she'd seemed a little bit hesitant and might need a little bit more convincing.
"What time's the hearing?"
She sipped her coffee.
"About nine…in the old courthouse…"
"So it's just going to be a bail hearing?"
She nodded.
"It's too early for an arraignment though he's probably going to want to plead not guilty."
Matt started in on his fried potatoes.
"Makes sense if he's not."
She shrugged.
"The prosecutor might offer him a deal," she said, "a plea bargain at this hearing. Probably the most generous one will be today."
Matt looked straight at her.
"Are you going to advise him to take it?"
She brushed a tendril of hair out of her face absently.
"I don't know…I might ask for it to be tabled until I learn more information about their case against him."
Matt thought that seemed fair enough.
"If it's statutory rape," she said, "I don't imagine he'd be doing any time if he plead today."
"But if it's not?"
She took a deep breath.
"If the girl told him she didn't want to have sex with him then it's not going to be an easy day."
Matt closed his eyes at those words. He didn't even want to imagine that the man who mentored him might have raped a girl. It just sounded so impossible but…his mind crawled with doubts anyway. But there had to be some other reason why that girl had come forward with those allegations.
"Houston…we'll know more at the hearing."
"I know…I just wonder what kind of case they have against him."
"They must think it's enough to win a conviction against him," she said, "and in any type of sexual crime, that's a difficult task."
Matt knew that's because although there had been progress in recent years, still antiquated beliefs still remained that women couldn't be raped. Or only certain classes of women could be raped depending on their backgrounds, their clothing and their demeanor. It still remained an under prosecuted crime because so many women refused to report them to police and the ones who did, faced a very tough road to hold their assailants accountable. Matt had seen that enough on some of the cases that he and C.J. tackled including one where four teenagers were killed by a high school coach who had raped a young girl who had never gone to the police. Her fiancé had found out and that had catalyzed the deadly killing spree.
But in a small town, secrets like that often remained buried because public opinion might be harsher on those who were the victims rather than the perpetrators.
C.J. finished her breakfast.
"I'm going to get ready," she said, "We need to head out soon."
He nodded and watched her go back into the suite, liking the way the robe hugged her figure. Then he headed inside himself.
C.J. entered into the courthouse with Matt and headed to the clerk's desk to find out where the hearing would be held. She tried to work out her game plan so she would be able to hit the ground running as soon as she stepped inside the courtroom. She had tried to think about it through breakfast but Matt had distracted her, not only with his easy going manner but the fact that he had been wearing his pajama bottoms and a Rice University tee-shirt which molded his upper body. The pajamas looked new, likely because he probably rarely wore them; she wondered what he slept in or if he wore anything at all.
She found herself thinking of what they'd talked about last night. He'd actually asked her if she'd wanted to go on a date with him. It still surprised her. After all, where the hell had that come from? She had never been able to hide her feelings about him, at least not all the time. In fact, she had told him about a year ago that she'd loved him…and he'd just stared back at her. Of course, they had other things to think about like being caught in a deadly ambush that had already taken one life and were dodging a hail of gunfire. She had been so sure they were about to die which was why she'd told him but since they hadn't died, her confession had hung between them.
Maybe that confusion she'd faced after he'd come home with Roy in tow was why she'd succumbed so quickly to Robert's quicksilver tongue and his roguish brand of charm. It wouldn't have been the first time she had wandered into a bad relationship after Matt reminded her once again that he considered her a platonic friend.
So his asking her out had knocked her off balance but she was quick to recover and told him she might think about it.
The clerk handed her some paperwork to fill out which she did quickly enough and she and Matt headed to the courtroom. The bailiff led them inside and told C.J. where to set up shop at a table. Already there was an older woman with red hair and a no nonsense attitude who introduced herself as Marlena, the prosecutor assigned to handle the case.
"So you're representing him?"
C.J. nodded, even though she wasn't entirely sure yet. The other woman didn't need to know that so they exchanged business cards getting that part out of the way.
"You'll want all his reports won't you?"
"Of course…and that includes any stated opinions by the investigators and their supervisors."
Marlena nodded.
"That's customary the first day. My office has nothing to hide."
"Of course…"
"But we might be able to recommend easier on him if he pleads out today."
C.J. shook her head.
"I need to talk to my client first. You understand that."
Marlena nodded again.
"Okay…the offer is no time in custody, five years supervised probation and he gets counseling."
"Does he have to register?"
"As a low risk offender," Marlena said, "and that's the deal."
C.J. digested it and looked over where Matt sat in the audience.
"Like I said, I'll have to talk to my client."
The prosecutor sat at her table and opened some files to review. C.J. walked over to where Matt sat.
"So what's the deal?"
"No time, supervised probation and registration as low risk."
Matt sighed.
"What'd you tell her?"
"That I need to talk to Tex first….and then get back to her.
"You know he won't plead."
She nodded rubbing her arms.
"Yes I do…but it's not a bad deal to at least consider if…"
"He's guilty," Matt finished for her.
"I'm going to tell him his options Houston and he can decide," she said, "and then I'll review the reports and decide whether or not to take the case."
"Fair enough…"
They both turned around when they heard a side door open and two bailiffs leading Tex, who still wore his orange jumpsuit and some stubble on his jaw line. He had been cuffed and shackled and instructed that he'd have to sit and only speak when asked to during the proceedings. He nodded and turned to C.J .expectedly.
"I suppose they offered up a deal."
She explained the terms to him and he just shook his head.
"Not interested and not guilty," he said, "That's what I'm going to tell the judge."
"That's fine…this is mostly a bail hearing anyway," she said, "I'm not sure we can get it lowered but we can try."
He nodded and the judge walked in and sat on the bench looking at them, as the clerk announced the case. The judge, a middle aged man with glasses appeared to flip through a case file his eyes scanning over it quickly. Soon enough, he looked up at them.
"I understand we're here to get bail set."
C.J. looked up at him.
"Reset Your Honor," she said, "$1 million is way off the charts for a case like this one."
He furrowed his brow.
"I'm inclined to agree…but the charges are very serious and he does have factors that indicate he's a flight risk."
C.J. couldn't deny that. Tex was loaded with money and had his own planes to fly him anywhere including to a faraway country without extradition. Tex looked up at the judge.
"I have no intention on leaving the area," he said, "I plan to stay here and fight these false charges."
The judge nodded.
"What do The People have to say about that?"
Marlena cleared her throat.
"Your Honor, the bail's not excessive; in fact he could pay it right now and be out of custody in several hours."
The judge appeared to consider that.
"Why hasn't he paid the bail?"
C.J. looked over at Tex who spoke up.
"I need to authorize release of the funds," he said, "I could pay the entire amount by the end of the day."
The judge nodded.
"So be it…the bail stands at $1 million. Now do you wish to be arraigned today?"
C.J. shook her head.
"My client wishes to continue that hearing until next week," he said, "We need to review the evidence and I've not yet decided to represent him during the entire proceedings."
The judge frowned.
"So you're just standing in for someone?"
"I'm from L.A. and I'm a partner in a business," she said, "Plus my background's not in criminal law. I haven't done a trial in some years."
The judge considered that.
"Okay, that makes sense," he said, "the arraignment will be held one week from today."
C.J. nodded.
"Thank you Your Honor."
After he left the bench, C.J. went to get the packet of discovery from Marlena to take back to the hotel and review. Tex would arrange his own bail and head back to his condo where he stayed when in the city. The bailiff instructed him to stand up to go back to the holding cell.
"I'll be out tonight and we can meet and discuss the case tomorrow."
"That'll work…I need to review the material first."
He looked at her intently just before the bailiff took hold of him.
"I didn't do it. I know what you might think about be but I'm innocent."
She met his stare.
"You don't know what I think about you," she said, "I'll see you tomorrow."
The deputy led him away and C.J. walked back to where Matt stood in the aisle.
"That went pretty well."
She smiled at him.
"He'll be out of jail tonight and we'll meet with him tomorrow."
Matt nodded and they left the courtroom. As they walked out of the building back to their car, a blonde woman walked up to them.
"Hi I'm Cassie Wilkes of the San Diego Examiner," she said, "I heard they arraigned a well known businessman on rape charges. His name's Tex Winston."
"It was just a bail hearing," C.J. said, "Now if you'll just excuse us…"
Cassie followed them as they walked into the parking lot.
"Well would you like to comment on the serious allegations against your client?"
C.J. turned and narrowed her eyes at her.
"How do you know I'm even on the case?"
"Of course you are…you and Matt here came here from L.A. to help him," Cassie said, "You're pretty well known to the media too."
C.J. looked at Matt.
"Look it was just a bail hearing," she said, "That's all I'm going to say."
That didn't appear to appease Cassie much.
"But the man's been accused of bedding a young girl," Cassie said, "Do you think she's telling the truth or crying wolf?"
C.J. just looked at the reporter, irritation nearly overriding her patience.
"I haven't even reviewed the case yet," she said, "so there will be no comment."
Cassie sighed but pulled out her business card to hand to C.J.
"Well call me when you decide you do have an opinion."
C.J. took the card but doubted that she'd ever tell this woman anything. She sensed that she was trying to spin the case as some sensationalist slice of scandal rocking the city and she wanted no part of that.
Cassie finally left them alone and they reached the car to head back to the hotel. Matt said he'd call Roy to ask him to look up some information while she'd head to the office area to begin her reading of the case material.
She sat in the office later to review it and felt herself drawn into the case almost immediately. Lindsey had been a young girl raised in foster care most of her life after the state took her away from her mother who had been a drug addict. Not much information was provided about her biological father because her mother had never named him. He could be one of a half dozen of men she had sex with in exchange for her next hit.
C.J. knew how close she'd been to being a ward of the court herself after her parents had died. They had loved her very much when they'd been alive but exited her life fairly early. If her mother hadn't had a brother who owned a ranch in Texas, she might have wound up in foster care. But instead, she'd lived with an uncle she'd never met before who provided her with food and shelter even if he hadn't shown her much in the way of affection.
Still if she hadn't been sent there, she would have never met Matt and he and his father provided all the love and security she would ever need. It hadn't worked so well for Lindsey, a girl with light brown hair and blue eyes. The most recent photo of her had been a mug shot from her most recent arrest, the one that had led to the judge sending her to do some community service hours at the stable where Tex volunteered. Apparently he had taken her under his wing after he'd been assigned to supervise her.
He had given her a lot of attention that Lindsey had probably lacked most of her life. Her grades in school had been as random as her attendance. Her only period of stability had been a brief stint in one foster family where she had stayed with an older woman who had taken ill.
Lindsey had enjoyed his attention at first, loved that he bought things for her and took her to restaurants to eat after she worked at the stables. But then she stopped enjoying it, she told investigators when he started getting too friendly. He started commenting on her appearance, in a sexual way that became more explicit. Then touching, that seemed innocent at first and then not so much.
Then according to her statement, she had been cleaning a stall in the far corner of the stable and he walked in the stall and asked her to talk with him about something in the tack room. But when she got there, he made it clear that they were going to have sex. So she did and there were two more alleged incidents after that.
The reports were pretty scant on the details of the encounters except where she had told investigators that she hadn't wanted to do it but did anyway.
Why hadn't she told police sooner, she'd been asked several times. She answered because no one would ever believe me because I've been in trouble. A rape kit had been done on her after she came forward but C.J. wasn't surprised to learn that it hadn't yielded anything useful given how much time had passed, any evidence would have been gone.
She closed the folder, feeling so frustrated because what the prosecutor had given her wasn't nearly enough but nothing so far indicated that the girl was lying. She had assumed she would be branded a liar because of her record but C.J. also knew she took considerable risks by coming forward She knew if the girl had been telling the truth how difficult it must have been.
After putting the file aside, she got up to go refresh her iced tea at the wet bar. Matt sat on the couch reading some paperwork on one of his cases, a beer right next to him. Maybe he had the right idea and she should drink something stronger.
He looked up at her.
"How's your work coming?"
She poured herself some tea and went to sit next to him.
"I don't know…There's enough information for me to get some idea but not enough to ascertain whether or not Tex is guilty."
Matt sipped his beer.
"You surprised?"
She shook her head.
"No, but it's be very easy to brand Lindsey a liar and there's nothing I've read so far that discredits her story."
"But you said you didn't get enough information."
She sighed and leaned back on the couch.
"Houston…Tex didn't even provide a statement to police," she said, "beyond insisting he was innocent. He didn't tell me very much either."
"Why don't you ask him tomorrow for his account?"
"I plan to do that," she said, "but I don't know Houston…something made Lindsey come forward on this and it might be getting back at him for rejecting her attentions or that he actually did it."
His body tensed again and that bothered her.
"C.J…."
She sighed again.
"Houston…say he did what he's accused of and the girl's left wondering what to do and whether or not it's worth doing anything…or telling anyone."
"I know cases like this don't often get reported."
She looked over at him, watching him consider what she was saying.
"You know why that is don't you," she said, "It's because the victim's afraid that no one will believe her, that she'll be the one branded with what happened as if she did something wrong."
"We have to figure out if there is a victim," Matt said, "Why would Tex do it?"
She just stared at him silently, knowing that just what she said had bothered him. But she didn't have easy answers to his questions either.
"I don't know Houston…I don't know if I could ever stand why but if I take this case, my job is going to be discrediting a young girl who's already had a hard life and maybe destroying her."
She felt sadness when she told him that though she tried to stem it.
"C.J. we're going to need more information than we've got on this," Matt said, "Let's just figure out how to find it."
She just looked at him again, remembering back to a time years ago back in Texas. After all, she hadn't told him everything about her.
"The thing is Houston…I don't know if I need to know," she said, "I think I already do."
He looked at her perplexed.
"What does that mean?"
She sighed, putting a smile on her face.
"It's just that I'm not sure I can take this case Houston," she said, "Maybe we should help him find other counsel."
Matt narrowed his eyes.
"Why…?"
She just ran a hand through her hair and looked at him.
"I just know I need some time to think about it," she said, "I'll be back later."
She got up off the couch and before he could say anything, she grabbed her purse and left the suite without looking back.
Leaving him more perplexed than ever.
