2016

Tree Hill, North Carolina

(One Month After The Funeral)

The courtroom read like a who's who of Tree Hill? It was filled to capacity with law enforcement personnel, family members, friends, potential witnesses and spectators who had stood in long lines hours before for a ticket into Tree Hill's most talked about ever preliminary hearing like waiting for their favorite band to come to town and perform a concert. Finally everyone was in place and the room buzzed about as the principle players filed in one at a time.

First came the brainy, no nonsense prosecutor with the tough as nails reputation, Laura Ferguson. She was followed in by lead detectives Paul Tucker and Marvin McFadden, who took seats right behind the District Attorney's table. Mouth briefly turned around and nodded at his wife, Gigi, who had managed to snag one of the last available seats. Next was the Scott family, Keith, Karen, Mae, Nathan and Haley. Then making a surprise dramatic entrance together, Peyton Jagielski and Brooke Scott walked through the double doors to a collective gasp. The only thing left was for the defendant to come in and a few minutes later, hands shackled by a belly chain, Jake Jagielski was escorted to his chair by a sheriff's deputy.

"All rise. The Honorable Nicholas T. Fowler presiding."

A middle aged man with graying hair took his place behind the bench.

"You may be seated. Good morning, ladies and gentlemen. We are here for the State of North Carolina versus Jake Jagielski for murder one. May I remind the court this is not a trial but instead a preliminary hearing to determine whether there is probable cause to believe the accused is guilty of the crime charged, and if so, to bind him over for indictment by the grand jury. Are the People present at this time?"

"The People are, Your Honor. Assistant District Attorney, Laura Ferguson accompanied by co counsels Matthew Gilbert and Carlton White."

"Very well. Is the Defense present?"

Jake reluctantly stood.

"Your Honor, I'm the defendant, Jake Jagielski. Um, my attorney, Mr. Martin is not here and I have no idea why he isn't here. I haven't been able to speak to him in a while, sir."

"Is defense attorney William Martin present? If not, is suitable representation available for this morning's proceedings with Mr. Jagielksi?"

All eyes darted across the room.

"Where is she?" Peyton whispered nervously to Brooke. "I thought you said…"

"Relax, Blondie. I took care of it."

Just like clockwork, the door opened and in rushed a sensibly but stylish dressed young woman, briefcase in hand. She looked oddly familiar.

"Nathan, is that…" Haley began.

"I apologize to the court for my tardiness, Judge Fowler. I assure you it will not happen again."

"And you are?"

"Anna Tagarro, attorney at law. I represent Mr. Jagielski."

"Wait…you're my new lawyer?" Jake asked.

"Yep. Thank me later, or at least your wife. Peyton is the one that fired Martin and she and Brooke called in a favor from me in Greensboro where I live and practice."

"You any good?" he asked.

"We'll see", she shrugged with a whisper. "For your sake, let's hope so."

"So be it", Judge Fowler nodded. "Are both sides prepared to proceed?"

"We are, Your Honor", they answered simultaneously.

"Very well. Ms. Ferguson…"

"Thank you, Your Honor", the tall brown haired woman stood. "Good morning, ladies and gentlemen. My name is Laura Ferguson and I am the prosecuting attorney for New Brunswick County. Today is a mere formality to determine whether or not there is sufficient evidence to bring forth the defendant to trial for the first degree murder he has been charged with. It is my job to establish probable cause. Today I will present the State's evidence. I will call witnesses to testify. I will prove to you without a shadow of a doubt that the defendant who sits before you today is a cold blooded, calculated killer. The murder indictment reads as follows…Jake Jagielski was arraigned one week ago on one count of premeditated murder with special circumstances. We charge that Mr. Jagielski intentionally killed the victim by means of lying in wait, the special circumstance that legally allows us to seek punishment by death, an option the People fully plan to take advantage of. Now, I ask that you all turn your attention directly behind me to my left. There you will see a series of pictures. A little boy and his bat at Little League practice, an eighth grade school photo, a high school graduation picture of a boy and his mother, a wedding photograph and finally a snapshot taken less than two months ago. You see a series of photographs of Lucas Eugene Scott. Lucas was just a few weeks past his 28th birthday when he was shot to death by this defendant, Jake Jagielski. This defendant was the 28 year old former friend of Mr. Scott and his wife, Brooke. Jagielski, in a jealous rage, lured Mr. Scott to the Market Street Docks on false pretenses and when Mr. Scott arrived, an argument ensued. Only one person would walk away. In the dark of night, Mr. Jagielski pulled out this .357 and fired a single shot into the chest of the now deceased. The People will prove beyond a shadow of a doubt that it happened and how and why it happened."

The courtroom reacted, especially Karen who cried softly into Keith's shoulder as Ms. Ferguson picked up the state's evidence, the bag with the murder weapon sealed inside.

"Objection, Your Honor", Anna raised her hand. "Argumentative. Counsel is trying to argue the case in opening. The purpose of opening is for the prosecution to state the nature of the accusation and the facts, which are expected to be proven by the government in support of the accusation. Counsel is arguing inferences rather than stating her version of the facts."

"Objection sustained. Please move along, Ms. Ferguson. Are the People prepared to enter in the evidence?" Fowler ruled.

"Yes, sir. State's exhibit A, the Glock 33 .357 Magnum. We have a notarized testimony from the Forensic Pathologist who examined this weapon and the bullet retrieved from the victim's chest, which indeed proved that the gun in evidence is the murder weapon. This gun, a rare collector's piece was stolen and reported missing by a Brian "Whitey" Durham, friend and former coach to both the defendant and victim. Coach Durham will testify under oath that Mr. Jagielski indeed visited him earlier that day. State's exhibit B, surveillance video recovered from the Hilton hotel, just blocks away from the crime scene, where the defendant was staying at the time of the murder. In a sworn statement to police, Jake Jagielski, claimed to leave his hotel after six p.m. and return shortly before eight. In a second statement, he recants his story and denies leaving his room at all. The tape clearly shows that Jake Jagielski left the Hilton at 9:14 on the evening in question and returns at 11:04, in an anxious, frazzled state of mind, more than ample time to gun down his best buddy…"

"Objection. Assertion of personal belief or opinion. Unfairly prejudicial remark that seeks to poison the court's mind against the defendant."

"Overruled, Ms. Tagarro. You may proceed, Ms. Ferguson."

"Also note the clothing worn by the defendant at that time. The large stain on the left breast of the jacket appears to be blood and after the clothing, State's exhibit C, was subpoenaed as evidence by the District Attorney's office, it was later tested to indeed be human blood, the victim, Lucas Scott's blood as well as Jake Jagielski's. State's exhibit D, the defendant's cell phone recovered from the river a few feet away from the murder weapon. State's exhibit E, the indention of a bloody footprint leaving the crime scene, prints that match the shoes Jake Jagielski wore the night of the murder. State's exhibit F, fibers recovered from the victim's body, fibers that match the defendant's suit."

"Is that all the evidence the State plans to introduce at this time?"

"Yes, it is, Judge."

"Let the record reflect exhibits A through F. Before the prosecution begins calling witnesses, the defense may rebut. Ms. Tagarro, the floor is yours."

"Thank you, Your Honor", Anna confidently stood. "Good morning, ladies and gentlemen, my name is Anna Tagarro and I represent Jake Jagielksi, an innocent man. You've just heard the prosecutor make a bunch of claims here about my client as if though those claims were gospel truth. What Ms. Ferguson just said is nothing more than a claim of what she expects the evidence to prove. I intend no rudeness when I say, don't believe a word of it until you've heard all the evidence. You don't know what the facts are until you've heard the evidence. They have the burden of proof beyond a reasonable doubt and nobody knows anything until they start to carry this burden. I intend to raise those doubts. If we compare the true story of this case to a book, the government will only have a few pages. When our turn comes, we will try to present a bunch more, so you will have the whole book."

"Thank you, Ms. Tagarro. Is that all?"

"Nothing further at this time."

"I will call the first witness at this time…"

The witnesses took the stand one right after the other. The couple that discovered the body, the first officers on the scene, all the forensics experts and the medical examiner, Faith Garrison, who had not only performed Lucas Scott's eulogy but his autopsy as well. The judge then declared a brief recess as Anna turned to her client.

"This doesn't look good."

"What?" he asked.

"What? How about all of it? Let's start with the gun. The good news, your prints aren't on it. The bad news? They may as well be. How convenient for it to turn up a few feet away at the bottom of the river right by the crime scene next to your missing cell phone? I love Coach Whitey but I'm gonna have to tear him a new one on that stand."

"What? Why?"

"Play on the senility factor. Do something to discredit his story and convince a courtroom that you didn't swipe his gun while visiting just hours before the murder takes place. The clothes are another obstacle. The footprint? I can raise doubt on that easily, it's not like the shoes are rare or anything. It could have come from any male around your shoe size. That leaves us with two things."

"What?"

"One, the fibers. Look, Peyton and Brooke hired me on your behalf but I work for you. My loyalty, my allegiance lies with you, no one else. Now there is a surefire way to get the heat off of you but I don't know if you'll like it."

"How?"

Anna sighed.

"It's called secondary transfer."

"English, please."

"I haven't been on your case long enough to build a strong case against another suspect. Right now, I'm just concentrating on saving your ass and keeping you out of the gas chamber by raising reasonable doubt in the judge's mind and God forbid that doesn't work, trying to do the same for a jury of 12. But uh, Peyton, and as much as I love her…we've been friends for a long time…"

"What about Peyton?"

"I can place her at the scene of the crime and explain away the fibers through secondary transfer. She was there, not you, and when Peyton came in contact with the body, she transferred fibers from your clothes that were on her because you two live in the same household."

"In other words, pin this all on Peyton?"

"Not exactly. More like, take the heat off of you. Peyton's not the one on trial here. I'd simply be placing her at the scene, not accusing her of murder."

"But it's the same thing. No way, Anna. I can't let you do that. I'm sorry."

"Okay but that brings me to the second order of business…your alibi or lack thereof. Where were you that night, Jake, when someone was blowing Lucas away?"

"I…"

"I'm your lawyer and I'm here to help you. But in order to do that, I need your full cooperation, your honesty."

Jake exhaled.

"Listen, Anna, you're a good friend and from what I could see today, a damned good lawyer. I appreciate everything you're doing for me but there are some things I just can't talk about."

"Are you protecting someone?"

"I'm sorry…"

"I don't get you, Jagielski. This isn't a game here. This is a real courtroom and we are real people and you better believe that murder one indictment with special circumstances is very real. Are you trying to go to prison?"

"Anna…"

"Look at me. Look in my eyes. Did you do it? Did you kill Lucas?"

He looked right at her.

"No."

He said it firmly and she believed him.

"…All rise, court is back in session."

The judge took the bench again as more testimony was heard for the rest of the afternoon. Both sides had the opportunity to question the witnesses. The prosecution's case was strong and solid but the rookie defense attorney held her own and did the best job possible to refute the evidence and any negative or damaging testimony. Finally, at quarter after four, court was adjourned for the day.

"What happens tomorrow?" Jake asked.

"Ferguson is going to try to put the final nail in your coffin. Tomorrow your friends and your wife testify."

He nodded as the bailiff approached with the cuffs and chains. Without incident, Jake was shackled only turning briefly to face the spectators. He mouthed the words I love you to Peyton before being escorted off.

"Anna, are we gonna lose?" the blonde asked anxiously.

"I don't know. I hope not. I'm doing my best but Jake is his own worst enemy right now. He's certainly not making my job any easier. I don't believe that he did it but for some reason, he's willing to take the rap for this to protect someone else. In all likelihood, you guys will be called tomorrow. Peyton, you have spousal privilege and I suggest you plead the fifth when you get up on that stand."

"This is horrible", Brooke shook her head. "You have to do something. I don't care how bad this looks. You have to save Jake."

"Famous words from an even more famous widow", Detective Tucker sneered. "The case is building and Jagielski looks guilty as sin. Since your husband was offed, it looks like you'd be the last person worried about the defendant, Mrs. Scott. How odd."

"Get away from me", Brooke warned.

"Brooke…" Mouth tried to interject.

"You, too", she walked off.

Across the court, Peyton locked eyes with Haley, the silent gazes speaking volumes. The day was over and there was nothing more to do than await the next day. And it would be a doozy. Five anxiously awaited testimonies in what was turning out to be the hearing of the century. A sordid tale of love, lust, lies, and betrayal gone wrong. The secrets that stood to be revealed threatened to destroy lives forever.