(Chapter 30. Valley Bureau HQ, Judge Greer's courtroom, July 2, 2033.)
"I can't accept this," Tanis said, handing the letter back to Steve.
"Why not?" he asked, refusing to take it.
"Because I know you better than that," she said. "This is not what you really want. You're the type to die with your boots on, not ride off into the sunset. Something else is going on. What is it?"
"Nothing else is going on," Steve insisted. "I've just decided it's time. Maribeth is resigning today, too, and after Emily's trial, we're renting a boat and sailing to Catalina."
Tanis eyed him carefully, "I don't believe you," she said.
"Why would I lie?"
"I didn't say you're lying, Steve," she corrected him, "but this wouldn't be the first time you haven't told me the whole truth."
"Whatever. Just file the letter, will you?"
Ignoring his request for the moment, Tanis picked up the phone and said, "Linda, would you send in Commander Banks, please?"
Steve turned and watched in wide-eyed surprise as Cheryl walked in. Tanis handed her the letter and said, "You were right. He's quitting."
Cheryl gave Steve a hurt look and took the letter from Tanis. Her frown deepened as she read, and, finally finishing, she handed the letter back to Tanis and said, "That doesn't sound like you, Steve. What's the real story, and why didn't you tell me, first?"
"Good God!" he snapped disgustedly. "The two of you are worse than my wife! What does it matter why I'm leaving? I've spent over half a century with the LAPD, haven't I earned some R&R?"
"Of course you have," Cheryl said. "You're entitled to that and much, much more, but that doesn't answer my question. Why are you quitting?"
Steve slumped back in the chair, knowing these women weren't going to let him off easy. He fell back on some of the same half-truths he had told Maribeth the day before. "Because I've been a cop almost too long now, and I've had enough of it. I've been called away from too many special family occasions, and I've put my life at risk too many times. I want to be able to walk away now, saying I loved my job and I did it well, not a year from now, saying I got fed up with it and should have quit while I was ahead. It's just time, that's all!"
"I see," Cheryl replied, her wide grin telling Tanis she believed him while her eyes told Steve she knew there was far more that he was holding back, but she wouldn't push him here and now. "Well, then, I wish you the best." She moved over and gave him a hug and a kiss on the cheek. "We'll miss you."
Steve smiled back warily. "Thanks," he said, and Cheryl knew he was thanking her, not just for the good wishes, but for not pressing him as well. "I know you'll miss me, but you'll do just fine on your own, Deputy Chief Banks."
Cheryl gasped in surprise and she looked from Steve to Tanis. Tanis knew she was being put on the spot, and she didn't appreciate it, but the fact was, she could think of no better candidate for the job. Shrugging, she said, "So, do you think you're ready for it?"
Grinning, Cheryl nodded. "You bet!"
"So, you'll accept when I recommend you to the commissioners?"
"Yes ma'am."
"Good," Steve said, "then that leaves me just one more favor to ask."
"Which is?" Tanis prompted.
"Hold this story until we see how Emily's trial goes today," Steve suggested. "If it's looking good for her, save it for tomorrow, and let her get some favorable press. If it's looking bad, release it today and make a big hoopla about it, to draw some of the attention away from her."
Tanis looked to Cheryl, and, getting the slightest of nods, she said, "Ok, I will hold it up to twenty-four hours, but this time tomorrow, no matter what happens with the Lieutenant, we put it in the press release."
"Thanks, Tanis, that's all I'm asking."
Tanis came around her desk then, extending her hand to shake, and surprised herself and Steve by pulling him into a hug. After a moment, she released him and stepped away slightly, tears in her eyes.
"So, um, can we call you now and then for advice?" she asked, dabbing at her eyes with a tissue she had pulled from the box on her desk.
Steve seemed to consider her request seriously for a few moments, then, in a voice rough with emotion, he said, "No, but I might call you from time to time when I think you need my help."
Tanis smiled and nodded. "Just like your dad, huh? Well, I guess that will have to do." She moved back behind her desk, ready to return to work and said, "Ok, then, I will forward this to the commissioners tomorrow morning along with my recommendation for a new Deputy Chief. I know you will be at the trial today, but I will expect you to spend the rest of the week familiarizing your proposed replacement with all the aspects of your job."
"Yes, ma'am," Steve agreed.
"Dismissed."
Steve and Cheryl turned and walked out, Steve wondering just how long it would be until she pressed him about his real reasons for retiring, Cheryl wondering if he had even told his wife the truth.
"So, how do you think it's going in there?" Steve asked nervously as he and Cheryl waited with the other witnesses in Emily's trial. There were almost fifty individuals who had been called to testify for the prosecution, himself and Cheryl included, most of them unwilling citizens who had to be subpoenaed and were only there under threat of contempt charges.
"Steve, I haven't seen or heard any more than you have," Cheryl said as patiently as she could, "so, for the third time, I don't know any more than you do." She really felt for Steve. She knew how much he wanted to be in the courtroom to show his support for Emily, but as a witness in the case, he could not be permitted to hear the testimony of others.
"At least it's going quickly," Steve muttered as the third witness for the day came out. "It started at nine, and now it's not quite ten, and they're already up to the fourth person."
"Only because she forfeited her right to a jury trial," Cheryl said. "We didn't have to sit through the selection process."
"Yeah. She must have a pretty clever defense planned," Steve said. "Technically speaking, she did everything they are accusing her of, and they always say, if there's any chance you're guilty, go with the jury because they might be swayed by emotion . . ."
". . . and if you know you're completely innocent, take the judge, he won't be confused by the lawyers." Cheryl smiled encouragingly as she finished the thought for him and decided not to suggest to Steve that in her depressed state, Emily might just be ensuring a conviction to punish herself for some perceived wrongdoing.
"So, how do you think it's going for her?"
"What did I just tell you?" Cheryl said a bit irritably. "I didn't know two minutes ago, and I still don't know now, ok?"
"Ok. Sorry I asked."
"Talia White," the bailiff called, and a woman of about fifty stood and stalked into the courtroom.
Steve knew Ms. White was one of the cell phone theft 'victims' simply because he had already known all the other witnesses long before he ever met Emily. The only reason she was there was that Steve had assigned someone to write down the phone numbers from which Emily had called while she was on the run with Moretti as the calls came in, just in case she knew a way to erase them from the computer database after she phoned. He wished now he hadn't done so, because it was creating even more problems for Em, but at the same time, he had to smile. It had been the only time he had succeeded in outwitting her, and he was proud of that accomplishment.
A noise at the entrance to the waiting room drew Steve's attention away from the retreating form of Ms. White, and as he turned his small grin turned to a look of open-mouthed surprise as he saw Ron Wagner entering the room in a motorized wheelchair. Steve sat gaping as his friend spoke a moment to the bailiff, requesting assistance to get to the witness stand when his turn came, and then rolled over toward him and Cheryl, a smile of greeting on his face.
The last time Steve had been to visit Ron, he was flat on his back in the Barstow Community Hospital, paralyzed from the neck down, unable to speak, breathe on his own, or even swallow to keep from drowning in his own saliva. Amanda had left them together in order to go get some much-needed rest in her hotel room, and while she was gone, Ron had begged Steve, by blinking his eyes in Morse code, to make him a promise. Ron had wanted Steve's word that if he was showing no improvement in a month's time, he would help him die. Steve had been unable to swear such an oath, and, a few minutes later, when Hannah had dropped in, he had beaten a hasty retreat all the way back to LA. He had found many excuses since then for why he couldn't go by for a visit, even after Ron returned to LA and took up residence in Community General's rehabilitation wing, and now, as his friend came to a stop before him, Steve lowered his gaze in shame.
Cheryl suddenly needed to stretch her legs, leaving the two men in relative privacy. Steve couldn't look Ron in the eye. It took a little effort, but Ron reached out and placed his hand on Steve's arm. Steve tensed, and stared hard at the hand, still unable to face his friend.
"I understand why you couldn't come back," Ron said in a low gravelly voice that was nothing like what it used to be.
"I . . . I . . . "
"It's ok."
The hand squeezed, and suddenly, Steve couldn't bear to look at it any longer. He stared hard at the blue floor tile beside his left foot, heart pounding, stomach churning, and forced himself to swallow back the myriad of emotions that assaulted him.
"Steve," Ron spoke softly, "I understand, and it's ok. I had no right to ask you that . . . favor, and frankly, now I am glad that you couldn't agree to it. It took some time, and for a while, I cursed you for every breath of air that was pumped into my body, but now, I've tried stem cell therapy, and it's working. I can walk a little, and I can hold Amanda's hand, and play Chutes and Ladders with my grandchildren. I'm getting better every day, and they say in another year or so, I will have recovered completely. If you had done what I asked, I'd be dead now. How could I ever be angry with you for refusing my request?"
Steve took a deep breath, finally looked his friend in the eye, and saw nothing but warm affection there. With a smile and a sigh of relief, he said, "I'm sorry I didn't come visit. I just, well . . . you know . . . "
Ron nodded. "I think I do. Don't worry about it; it was my fault. Just drop by a little more often in the future, ok?"
Steve's smile broadened to a grin. "You know I'll do that."
Seeing that the two men were still on good terms, Cheryl came back to her seat to wait her turn to testify. As she made herself comfortable, Ron asked, "So, how do you think it's going in there?"
As Ron and Steve shared a confused look, Cheryl leaned her head back against the wall behind her and started to laugh. "I feel like I'm on a road trip with a couple of kids."
Emily had hired a lawyer, Bruce Delong, because she wasn't certain she could handle the strain of representing herself. Like her mother, she had a tendency to break into giggling fits when faced with stressful situations that did not allow her to take physical action, and she knew such behavior would cause Judge Greer to charge her with contempt. She liked Bruce above all the other attorneys she had interviewed because, contrary to the practice of most lawyers she knew, he managed to keep his answers to her initial questions short and to the point.
They had met for the first time while she was still in the hospital, and her condition hadn't seemed to faze him at all. Although she could tell that he felt sympathy for her, this didn't affect the way he acted with her, and he had even been able to help her leave her bed and journey to the bathroom without running for cover. In fact, Emily still wondered if he realized she had simply been testing his ability to follow her instructions, even when they made him uncomfortable.
Bruce had told her directly that he believed she was innocent, and that had been a great boost to her flagging confidence. She knew that her family believed in her, it went without saying, but to have a complete stranger, believe that too, had done her a world of good.
As they worked together to prepare her case, Emily never let Bruce forget why she chose him to represent her. If he argued with her decisions, she simply joked, "Who's paying whom here? The one who writes the checks gives the orders." Whenever he started to ramble she reminded him that Judge Greer couldn't bear blathering lawyers, and knew more about the law than any lawyer around, so the less he said, the better. The day before the trial, they had differed over his opening statement. It seemed to her that he was trying to prove her innocence, and she made him change it to show that it was never in doubt. Bruce had been forced to capitulate; there was no question that he had found himself the most demanding, controlling, micromanaging client ever, but he had to admit that, even before the trial began, he was already a much better defense attorney than he had been.
As U.S. District Attorney Warren Bressler returned to his seat, Bruce rose to cross-examine the latest witness. As per his client's instructions, he was going to ask this woman the same questions he had the other three individuals before her. After a few pleasantries designed to make the witness feel comfortable speaking with him, he began his questioning.
"Ms. White, was your cell phone returned to you promptly after it went missing?" Bruce was careful not to say stolen. As far as anyone could prove so far, she had only misplaced it.
"Yes, within two days I had it back."
"And had it been used to place any expensive long distance calls?"
"No, as far as I could tell, it hadn't been used at all."
"Then why did you press charges?"
"I didn't," Talia said irritably.
"Well, then, why are you here?" Bruce feigned confusion, and Talia White's temper rose along with the coloring in her cheeks.
"Because that man," she pointed an accusatory finger at Warren Bressler, "sent me a subpoena."
"Ms. White, did the two-day loss of your cell phone make you feel like the victim of a crime?"
"No. I was inconvenienced, yes," she admitted, "but knowing what I know now about who probably had it and why, I don't really mind. In fact, if it had been safe for Lieutenant Stephens to ask me for it, I would have willingly given it to her, had I known the situation. I didn't feel like a victim until one of Mr. Bressler's henchmen served me with papers, embarrassing me at my place of business, in front of my supervisor and a client. If you're really looking for a crime in this, I can give you two. The harassment I have suffered at the hands of Mr. Bressler, and the money he's stealing from my wallet right now."
Talia was quickly growing irate, not with the defendant who had supposedly wronged her, but with the prosecutor who was ostensibly championing her rights. Bruce smiled pleasantly, giving her time to work up a good head of steam, then he feigned confusion and said, "Money he's stealing?"
Talia nodded. "That's right. I work in sales, on commission, and I should be closing a deal right now."
When the witness suggested that she knew Emily had taken her cell phone, both Judge Greer and D.A. Bressler looked to Bruce Delong, the judge expecting an objection, and the D.A. preparing to argue against it. When Bruce simply smiled and continued his questioning, Bressler sat back muttering softly in confusion, and Judge Greer raised his eyebrows and nodded slightly in surprised approval of the young lawyer's decision not to waste the court's time arguing such a small point.
"So, Ms. White, is it safe to say you would just as soon go about your business and consider this matter closed?"
"Absolutely!" Talia replied adamantly. "As far as I'm concerned, I lost my cell phone, and it was returned to me, not stolen."
"Thank you, Ms. White. No further questions."
"Redirect?" Judge Greer asked the prosecution.
"Yes, thank you, Your Honor," Warren Bressler replied and stood to address his witness once again. Showing her a ledger into which dozens of phone numbers had been meticulously copied, he asked, "Ms. White, if your cell phone was merely lost, how do you account for the call placed from it to the defendant's answering service during the time it was missing?"
Talia shrugged, "Computer error."
"This isn't a computer record, ma'am," Bressler reminded her. "These numbers were hand copied from the defendant's answering service computer system before the she had a chance to erase them from there and from your cell phone service provider."
"Objection!" Bruce Delong said, "There is no evidence supporting the claim that my client ever had the ability, let alone the opportunity, to erase any calling records either from the cell phone company or from her answering service."
"Excuse me," Bressler said before the judge could rule. "Before someone could erase them, for they were definitely erased, as the recording officer's affidavit indicates. So, Ms. White, I ask you again, how do you account for your cell phone number being in this log?"
"Human error," she said derisively. "The officer mistook a seven for a one or something like that. There were no calls placed from my phone. If there had been, my bill would indicate it."
As she watched Bressler clench and unclench his fists and bite the inside of his cheek in frustration at his lack of progress, Emily frantically scribbled a note to her lawyer on a long yellow legal pad. It was only five words, and so, a waste of paper, but it was about to have a huge effect on her case.
"No further questions," Bressler finally said through clenched teeth.
"Thank you, Ms. White, for your cooperation. You may step down," Judge Greer said. As Talia walked away, he added, "Mr. Bressler, you may call your next witness."
As Bressler began to speak, Emily showed Bruce the note. It took just a moment to read it, and in that time, Bressler had checked his list and was about to call the next witness.
"The prosecution would like to call . . . "
"Your Honor, the defense would like to stipulate to the testimony of prosecution witnesses numbers five through forty-three at this time," Bruce interrupted.
". . . Mr. . . . You . . . you . . .But I . . . You what?" Bressler was too taken aback to say anything more coherent.
As Bressler stammered impotently, Judge Greer waited impatiently for an objection, and Bruce tried hard not to grin like the Cheshire cat; Emily could be seen sitting at the defense table, trembling violently, and clutching her head in both hands. Finally, out of patience with the flabbergasted prosecutor, the judge asked Bruce, "Mr. Delong, are you taking this action at the request of your client?"
"I am, Your Honor."
"Do you deem it to be based in solid reasoning?"
"I don't know, Your Honor, she has told me more than once, she's just paying me to follow instructions."
People in the courtroom laughed at the comment, and Judge Greer's frown deepened. "I see. Would you object to my questioning her directly?"
Bruce looked to Emily who was still averting her eyes and shivering uncontrollably. "I don't," Bruce said, "but she might, Sir. May I confer with her a moment?"
"By all means," the judge said indulgently.
For a few moments, Bruce whispered in Emily's ear, and then with a shaking hand, she reached for her water glass and took a long drink. As she began to rise from her seat to address the judge, Greer said, "You may remain seated, Lieutenant Stephens. I am aware of your medical condition."
"Thank you, Your Honor," Emily said in a tight voice. "What did you wish to ask me, Sir?"
"Do you understand what it means to stipulate to a witness' testimony?"
"Yes, Sir," she replied in a slightly stronger voice, though she was still a bit pale.
"Explain it to me so I can be sure there will be no claim of inadequate representation later."
"We accept the testimony as true, have no dispute with it, and decline the right to cross examine."
"I see," the judge was thoughtful. "Are you sure you want to do this with the testimony of thirty-nine witnesses?"
"Oh, yes, Your Honor," Emily sounded quite certain.
"Why?"
"Because thirty one of them are alleged victims of cell phone theft, and I see no point in wasting the next eight hours of the court's time hearing the same testimony repeated again and again."
"What about the other eight?" Greer asked.
"Several others are individuals with whom I conducted business under an assumed name, but as I have kept all the accounts current, no financial loss can be proven, and all the records come back to my real social security number. I have no fear of accepting their testimony without question, because I believe you will find no crime was committed."
"Your Honor," Bressler called out, "how can the defendant know what Your Honor will decided?"
"Is that an objection, Mr. Bressler?"
"Yes, Sir."
"Overruled!"
Emily stifled a cough, and took another drink of water as the judge explained, "She said she believed I would find no crime was committed, not that she knew I would. Rest assured, Mr. Bressler, I will examine all the records and testimony closely."
"Lieutenant Stephens?" Greer queried, "Are you prepared to continue?"
Emily sat her water glass down and swallowed hard. "Ye . . . ," she cleared her throat, "Yes, Sir."
"What about the three former policemen on this list? Why are you willing to accept their testimony?"
Emily sipped her water and took a deep breath before she spoke. She was well aware that the judge, her lawyer, her parents, and other supporters in the courtroom were very disconcerted by her antics, but she needed to get through this motion before she asked for a break. She needed the momentum it would create to keep her spirits up.
Finally, she felt able to speak, and she said, "I don't deny that I collaborated with Merino, Velasquez, and Rossi to . . . take custody of Mr. Moretti. As I was working under cover, I even led them to believe that I was willing to join them in ransoming him to Vincent Gaudino. The only matter I take issue with is whether I kidnapped Mr. Moretti or took him into protective custody, so as far as I am concerned, the only testimony relevant to my cause is that of Mr. Moretti himself, Agent Wagner, Deputy Chief Sloan, and Commander Banks."
Judge Greer gave Emily a harsh glare and asked, "Then why did you wait until now to stipulate to this testimony? You could have saved us an hour by doing this before the prosecution began presenting its case."
"With all due respect, Sir, I needed to see how it would play in court," Emily said ingenuously.
"I beg your pardon?"
"Well, if all the witnesses were angry at me, I needed a chance to turn them around" she explained. "I couldn't just take what they said as given. As it is, with the exceptions of Merino, Velasquez, and Rossi, they seem uniformly disgusted with the prosecution's tactics, and have no argument with me at all."
"Your Honor!"
"Overruled, Mr. Bressler. I have sat through their testimony myself, and she's right. None of them wanted to be here." Turning to Emily, he asked, "You've thought this through quite carefully, haven't you, Lieutenant?"
Emily was again sitting with her head in her hands, looking down at the table, trembling. The whole courtroom, with the exception of Warren Bressler, waited patiently for her regain her composure.
"Yes, Sir," Emily squeaked, holding out two sheets of paper to the bailiff. She swallowed hard and sipped some more water as he delivered one copy of the list to the Judge and the other to the D.A. Her voice once again restored to almost normal, she said, "My attorney and I have thoroughly reviewed the statements made by all the witnesses in discovery, and we are confident that individuals five through thirty-six on this list have nothing to add to the testimony of Ms. White and the three who went before her. We are also quite certain they will all be pleased to be going home early today, except for Merino, Velasquez, and Rossi, whom I understand will be going back to prison."
The fact was, Emily and Bruce had read and reread, picked apart and reassembled, argued over, analyzed, scrutinized, and memorized every word said by every witness in the official pretrial statements that had been made so that both sides could prepare their cases. They had agreed weeks beforehand that if the first few witnesses were beneficial to their cause, they would stipulate to the rest in order to prevent the prosecution from asking other questions that might produce new and damaging evidence or shift the witnesses' attitudes from annoyance with the prosecution to anger towards Emily.
"You realize, when I was a prosecutor, you wouldn't have been able to get away with a stunt like this, don't you?"
"Yes, Your Honor, but in this case, I think the change in the law is a benefit to all," Emily replied sincerely, and despite Bruce's insistent nudging under the table, she couldn't resist continuing, "It allows the defense to see the court's reaction to specific testimony while also making it possible to speed up proceedings when testimony will be repetitive."
"Yes, I see that," Judge Greer said archly, annoyed that the defendant would dare offer him her opinion on the law. "Very well, then," he continued with a sigh. "Let it be entered into the record that the defense has accepted the testimony given in discovery by prosecution witnesses five through thirty-six as true and will be forfeiting any right to cross examine those witnesses at a later time."
"But Your Honor!" Bressler objected once more, and as he cried out, Emily was suddenly trembling and hiding her face again. "You're letting them foreclose on my . . . my entire strategic plan for the day!"
Judge Greer focused a narrow gaze on the DA and said, "I think that is their intent, yes, Mr. Bressler, and you should be thanking them for it as they have effectively shredded the testimony of your first four witnesses. If you have been doing your job, I am sure you are adequately prepared to continue with the remaining witnesses on your list."
A stifled whimper came from Emily's table.
"Mr. Delong, is your client quite all right?" the judge asked.
Everyone in the room saw Emily's curls bob as she nodded affirmatively. "Yes, Sir," Bruce replied, "she'll be fine."
"Your Honor," Bressler continued desperately, as if the woman just a few feet from him were not in obvious distress, "my case has been gutted. The prosecution could not possibly continue at this juncture for at least another . . . hour . . . there are files that need to be brought into the courtroom, notes that need to be reviewed . . . "
"Request denied," Greer said flatly.
"But Your Honor!" Bressler nearly wailed.
"Ten minutes," Emily choked.
"I beg your pardon," Greer addressed the defense.
"Your Honor, I think my client is trying to say that the defense would not object to a ten-minute recess so that she . . . and the prosecution," Bruce stressed meaningfully, "might regain their composure."
Emily looked up then, red-faced and with tears streaming down her cheeks, pointed to Bruce, and nodded.
Shrugging, Judge Greer said, "Very well, then. I hereby declare a ten-minute recess. Mr. Bressler, I suggest you be ready to continue when court reconvenes."
As Bressler opened his mouth to protest, Greer said, "Use the time wisely, and be glad for it, Mr. Bressler." Looking to Bruce and Emily, he said in a puzzled tone, "Mr. Delong, if you find your client needs more time to . . . recover . . . inform the bailiff."
"Yes, Sir," both lawyers replied, and everyone except Emily stood as the judge exited the courtroom.
As Steve, Ron, and Cheryl sat discussing the stem cell therapy that had led to Ron's dramatic recovery Talia White came back into the room. She signed a few documents the bailiff had for her, and was quickly on her way.
Soon after Ms. White left, another bailiff came in and said, "Ladies and gentlemen, may I have your attention please? The defense has decided to stipulate to the testimony of numerous prosecution witnesses. In a moment, I will call your names and you may follow my colleague, Bailiff Rusty Johnson, to a separate room where you will complete some final paperwork, after which, you will be free to go. Once the paperwork is filed, you will not be called to testify in this case again."
Steve, Ron, and Cheryl looked at one another in surprise. While the law had changed to allow such tactics, it was still highly unusual for either the defense or the prosecution to stipulate to testimony given in discovery once the trial was underway. As the list of names grew longer, they began to wonder just what Emily was up to, and when they found they were the only witnesses remaining, they felt quite astonished.
Cheryl looked from one of the men to the other and said, "It would seem Lieutenant Stephens has just changed her entire game plan for this trial."
Steve grinned broadly. "Game plan, nothing, she's reinvented the whole ballgame, and I'll bet she's the only one who knows the rules."
As the three sat wondering what would come next, Moretti entered the waiting room, a little late due to certain security measures he still had to take. As he dodged several people on their way out of the room, he finally managed to get properly inside. Looking at Wagner, Banks, and Sloan, he asked, "Where's everybody goin'?"
The three of them laughed at him, and then, with a jerk of his head Agent Wagner indicated that he should join them. "Come sit down," Wagner ground out through a voice that seemed pelted with gravel, "and we can speculate together."
