2016
Tree Hill, North Carolina
(Day Two Of The Preliminary Hearing)
Jake nervously sat at the defendant's table, a reddened imprint left on his wrists due to the tightness of the handcuffs. He looked over at his attorney who was making notes on her laptop.
"What now?" he asked impatiently.
"Five witnesses are scheduled to testify today. Brian Durham, Haley Scott, Nathan Scott, Brooke Scott and Peyton Jagielski in that order. Peyton will take the fifth and she's also protected by spousal privilege."
"What about me?"
"What about you?"
"When is my turn? Anna, I want to go up there."
"I can't do that, Jake. I'm sorry."
"Why not? It's my choice, right?"
"Yes but not a smart one. If you do, Laura Ferguson is going to rip you apart. You take that stand and all the evidence against you shifts the burden of proof on us."
The judge entered the courtroom and the proceedings began. The first witness was called and the beloved retired basketball coach known as Whitey, took the stand with the aid of a cane. The State questioned him first as Whitey told of Jake visiting him earlier on in the day in question. He had seemed nervous and on edge and spoke of marital problems with his wife, Peyton, although he didn't go into detail. The visit had lasted approximately an hour and Jake was familiar with the layout of the house. There had been a time, a ten to 15 minute frame where the younger man had been left alone and had access to the gun collection. Whitey Durham was a fair, impartial and solid witness.
"Thank you, Mr. Durham. Nothing further. Your witness, Ms. Tagarro."
"Thank you. Good morning, Coach Durham. My name is Anna Tagarro and I represent the accused, Mr. Jagielski and I am here to ask you a few questions."
"Go ahead, darlin'", he nodded.
"Coach Durham, when did you first notice the Glock .357 missing from your collection?"
"About six that evening. I called the police right away, made a report."
"What made you notice it was missing?"
"I went into that room for something else and noticed the lock on the case had been jimmied. Darn door was open."
"Could you see the open door from the hallway or would you have to physically enter the room to see the condition of the cabinet?"
"I suppose you could see it from the hallway."
"And you're sure it occurred that day, after my client left your residence?"
"I hate to accuse anybody of anything. Jagielski ain't a bad kid. Been knowing him since he was knee high to a grasshopper but yes I saw that cabinet had been broken into and the gun was missing that day after Jake left."
Anna nodded.
"Are you sure?"
Whitey hesitated.
"…Yeah."
"You don't sound very sure, Coach. Is it possible the gun could have been stolen days, perhaps weeks before the day in question?"
"I would have noticed it."
"When is the last time you were actually in that room?"
"Days, maybe a week before."
"I see. And this cabinet, from your hallway, does the front face the hallway or the side of it?"
"The side."
"And is this cabinet close to the door and hallway or farther back in the room?"
"Towards the back in a corner."
"Okay. Now is it true your optometrist has prescribed eyeglasses for you?"
"Yes."
"And you've had several surgeries over the last 11 years that has left your vision impaired?"
"Yes but…"
"And how old are you?"
"75."
"And do you always wear your glasses around the house?"
"No."
"But you are sure your gun went missing, your cabinet was broken into on the day that Jake Jagielski visited you?"
"Yes. Well, pretty sure. I…"
"Thank you, Coach Durham. Let the record reflect the witness, a 75 year old visually impaired man who does not follow doctor's orders and wear his glasses at all times has reluctantly testified that his cabinet was broken into on the day my client, the defendant, happened to visit his house…or at least he's pretty sure of it. Nothing further."
"Thank you. You may be excused", Judge Fowler nodded as Anna took her seat.
Score one for the defense. Anna had managed to raise doubt on what had been a solid testimony.
"That was good", Jake whispered.
"Hold onto your hat. It's about to get better."
"Would Haley Scott take the stand?"
Voices softly murmured throughout the courtroom as the pretty strawberry blonde nervously took the stand and was sworn in. The prosecution had first crack.
"Good morning, Mrs. Scott. I need to ask you a series of questions about circumstances leading up to the murder of your friend and brother in law, Lucas Scott. Could you recall for the court your last conversation with Lucas?"
Haley took a deep breath and looked right at the prosecutor.
"Ma'am, on the advice of my counsel, I respectfully and regretfully decline to answer any questions asked of me today by the State and the Defense based on my constitutional rights provided by the fifth amendment."
The courtroom erupted as Judge Fowler hit his gavel and ordered silence.
"Are you fucking kidding me?" Anna asked in disbelief.
"All attorneys approach the bench", the judge instructed and after a brief sidebar, excused Haley from the stand.
It was a surprise move that had stunned all in attendance. The next witness was Nathan Scott. When questioned by Laura Ferguson, he did not plead the fifth. He was cool, calm, and collected, even arrogant at times during his testimony. Then it was time for the cross examination. Anna's main focus was to take the heat off Jake and it didn't matter who else was left underneath the microscope.
"On the day of the murder, were you aware Jake Jagielski was in town?"
"No."
"What about Lucas Scott?"
Nathan shrugged and smirked.
"No."
"He was your brother…"
"Am I my brother's keeper?" he retorted with those piercing blue eyes.
"I don't know. Were you his killer?"
"Objection!"
Judge Fowler looked sternly at Anna.
"Sustained. Watch it, Ms. Tagarro."
Anna sighed.
"Moving along then. Did you speak with your brother by phone on the day in question?"
"Not that I recall."
"Are you saying you did or you didn't, Mr. Scott?"
"I'm saying neither. I don't remember."
"You don't remember a lot of things, including where you were at the time of the murder."
"I have a neurological disorder that causes blackouts and temporary memory loss."
"I'm very sorry to hear that. That happened as a result of an accident that occurred two years ago?"
"Yes."
"When you were also paralyzed permanently from the waist down?"
"Yes."
"Who was driving the vehicle the night of your accident?"
"Lucas."
"And how did that affect your relationship afterwards?"
"It wasn't that great before. Nothing changed really. I mean, accidents happen everyday…don't they?"
"That they do, Mr. Scott. Now is it also true you were deadlocked in a battle over a family inheritance with your brother? Did your lawyer not show to you just hours before the murder that Lucas Scott was responsible for embezzling millions from you and that he was challenging your part in the Scott trust?"
"Yes and yes. Your point?"
"My point? He paralyzes you for life, steals your money and tries to ruin your marriage. Weren't you just a little bit pissed at him? And if you were, who could blame you?"
"I was pissed."
"What if I could produce phone records from your house phone to Lucas' cell phone that indicate you spoke with him for several minutes just hours before his murder?"
"Like I said…I don't remember."
"I see. Do you remember visiting Whitey Durham's house in the days and weeks before the murder?"
Nathan shrugged.
"I might have stopped by to say hello."
"How nice. And prior to that visit, when was the last time you had dropped by unannounced for a friendly visit?"
Nathan frowned.
"I don't know. I can't remember. Maybe a year or two."
"Wow. How convenient for you. You are so pissed at the brother who has ruined your life and you have no memory of speaking to him by phone hours before he was shot to death and you have no memory of your whereabouts during the time of the murder after you conveniently visited the place where the murder weapon was stolen after a coincidental one or two years since the last visit. Gee…kind of makes you wonder. Mr. Scott, what size shoe do you wear?"
"Objection! Your Honor, Mr. Scott is not on trial here."
"Sustained. Strike that last question. Mr. Scott, do not answer. And Ms. Tagarro, you're walking a fine line here and I don't like it."
"Nothing further, Your Honor."
Nathan was excused as well. Next, it was Brooke's turn. She occasionally sipped from a water bottle as she answered the State's questions in her little girl whisper.
"Mrs. Scott, did there ever come a time when you heard Mr. Jagielski physically threaten to harm or end your husband's life?" Ms. Ferguson asked.
"Jake may have said that out of anger but he didn't mean it."
"But you did hear that and may I remind you that you are still under oath."
"Yes", Brooke finally sighed.
She testified truthfully and candidly about the state of her marriage over the years and Lucas' transformation to the dark side. Her responses were short and careful, not giving any of the five a motive for murder, however, leaving the door wide open for anyone to be penned as a suspect due to Lucas Scott's shady dealings and acquired enemies over the years. Frustrated at her brief, curtness, the DA finally halted the line of questioning. The defense only had one.
"Mrs. Scott, do you believe Mr. Jagielski murdered your husband?"
Brooke looked right at Jake, then at the judge.
"No, I do not", she stated loudly and clearly.
She was then excused as there was a short recess.
"Today went better than I thought", Anna told Jake. "But your ass is not getting up on that stand. No freaking way. I think enough doubt was raised here today as well as with the physical evidence for the judge to make his decision, hopefully in our favor."
Jake nodded with a sigh as court continued and Peyton, the last scheduled witness of the day took the stand. She had discussed it with Jake and Anna and her own attorneys. Plead the fifth and exercise spousal privilege. That was the plan all along. But to everyone's shock and some horror, Mrs. Jagielski had a plan of her own.
"Mrs. Jagileksi, tell the court about the state of your marriage."
Peyton took a breath and a sip of water.
"Hard. Things were very good at one point but over the years things happened to us that um, weren't very positive."
"What the hell is she doing?" Jake whispered.
Anna was furious but she could say nothing. Peyton had duped them all. She had testified. She went on to talk about her life with Jake over time as well as the losses of Jenny and Ellie.
"Did you feel your husband blamed you for the death of your daughter?"
Peyton nodded.
"Yeah. Sometimes I blamed myself."
"Four years ago, after the passing of your mother, did there come a time when you sought solace outside your marriage?"
"Excuse me…"
"Did you have an affair with Lucas Scott?"
There it was. The gentle, sympathetic line of questioning had gone out the window and now Ferguson was going for the jugular.
"Yes", Peyton whispered in a voice barely audible as she hung her head in shame.
"How long did the affair last?"
Peyton shrugged.
"A few months."
"And who ended it and why?"
"I did. It was the right thing to do. What we had been doing was wrong. I felt bad. I loved Jake and I know Lucas loved Brooke. We didn't want to hurt our friends. It just couldn't go on anymore."
"And how did Lucas Scott take this news?"
"He was upset. He didn't want to let go at first."
"Why not?"
"I don't know…"
"Don't know? Are you sure about that Mrs. Jagielski?"
"I…"
"Is it or is it not true that a paternity test conducted in the year 2013 at the request of your husband, Jake Jagielski, proved that your daughter, your youngest child, Dominique Anna Elizabeth Jagielski had indeed been conceived as a result of your extramarital affair?"
Peyton began to sob as the courtroom murmured with voices. A teary eyed but angry Brooke stared right at the blonde. She had known the truth all along, even before her husband confessed to her and modern science proved it. But they had kept it under wraps to protect little Minnie. Now Peyton had opened up a door that could not be closed.
"Yes", she cried softly.
"Who is Dominique's father?"
Peyton wailed into a crumpled Kleenex.
"Lucas Scott", she finally admitted.
Jake gripped the table so hard it almost collapsed. No! He'd only wanted to protect their family, especially his children. It wasn't Minnie's fault.
"How did the defendant react to the test results?"
"How do you think he reacted?" Peyton screamed. "I killed one daughter and when I gave him another, it wasn't even his! I hurt him, I lied to him, I cheated on him, I humiliated him, I betrayed him!"
"Did you ever hear, on more than one occasion, your husband threaten to kill Lucas Scott?"
"He didn't mean it…"
"Did you hear the words come out of his mouth?"
"I'm sorry", Peyton mouthed over to the defense.
"Answer the question, Mrs. Jagielski."
"Yes! Yes, yes, yes, yes, yes, yes!"
"And did there come a time when Lucas Scott tried to visit your daughter?"
"Yes."
"And what did Jake Jagielski do?"
Peyton sobbed harder than she ever had.
"He…he, put a knife to his throat and told him to get the hell out of our lives and if he ever thought Lucas was trying to see me or the kids again, he would put a bullet in him."
Jake and Anna closed their eyes. It didn't get anymore damning than that.
"In recent months, had your husband suspected you had more contact with Lucas Scott?"
Peyton nodded.
"Yes, but it wasn't true."
"And did there come a time when Lucas Scott tried to legally challenge you for custody of Dominique?"
"Yes."
"When?"
"A couple years ago."
"And when did your husband find out?"
"A couple of months ago."
"Nothing further."
Anna shook her head. What could she do to salvage the carnage left before her?
"Go easy on her", Jake begged.
Anna ignored him as she stood.
"Mrs. Jagielski, did you ever threaten to kill Lucas Scott?"
"Once out of anger."
"I'm sure he made you very angry. He was ruining your life, or at least trying to."
"You could say that."
"Where were you the night of the murder?"
"At a party in downtown Atlanta at the Georgian Terrace Hotel for a colleague of mine."
"Witnesses gave sworn statements that you left the party early and the sitter hired to watch your children told police you didn't return home until at least three or four that morning. At least six hours unaccounted for and just enough time to drive up to Tree Hill and take care of a little business. Mrs. Jagielski, did you kill Lucas Scott?"
"Don't answer that, Peyton!" Jake yelled.
"Order in the court! Ms. Tagarro, please control your client. Mr. Jagielski, there will be no more outbursts like that one or you will be removed from my courtroom. Now, Mrs. Jageilski, you are under oath. Answer the question."
"No. No, I did not."
"Where were you then?"
"Just out for a drive. I…"
"Alone?"
"I, um…"
"Does the name Paul Miller ring a bell?"
Peyton looked surprise.
"He's an investor, a dealer…um, we did business together with our art. It was his party…"
"Business, huh? I will ask you again and remind you again that you are under oath. Now where were you between leaving the party and returning home?"
"It's okay, babe", Jake called out. "Don't say a word. Anna, stop this. Please."
"Where were you?"
Peyton broke down again as she looked right at her husband.
"Jake, I am so sorry. I love you. I swear I love you. I never meant for any of this to happen…"
"Peyton, what are you saying?" he asked.
"Where were you, Mrs. Jagielski?"
She sighed.
"With Paul Miller."
Anna nodded.
"And you were with Mr. Miller because you had been having an affair with him for months, is that not right?"
The room erupted at the bombshell.
"Yes", she whispered.
Jake jumped from his seat.
"What? You were doing that old guy, Miller?"
"Jake, I'm sorry…"
"No! Fuck that! You swore you were done cheating! You said you loved me!"
"I do…"
"No, you don't! You don't love me or our kids! You're just a pathetic, lying whore!"
"Jake…"
"You ruined my life! You killed Jenny! You fucked Luke! I'm raising a little girl who isn't even mine and now you're having another affair?"
"Please…"
"I have always loved you and taken care of you and taken you back even when you didn't deserve it, Peyton! What more do you want from me?"
"I'm so sorry, baby."
"I thought you killed Lucas! I was sure of it! So I was willing to take a murder wrap for you. I was gonna go to prison for life, possibly the fucking gas chamber to protect you because I thought you killed him when all the while, you were just whoring around again! Damn you, Peyton! I didn't kill Lucas but I should have killed you!"
Judge Fowler hit the gavel to regain control.
"Silence! Order in the court! Bailiff, cuff and remove the defendant at once!"
It took two deputies to restrain an irate and heartbroken Jake. Brooke, Nathan, Haley and the others sat in disbelief at what they had just heard and seen. And only Peyton could cry. One question had been answered and a dozen more posed.
