Chapter Nine
Inattentive Focus
Athena stood before the small courthouse alone, with nothing but case notes and lingering paranoia stored away in her sleep deprived mind.
Last night had not been a good one. She knew several bits of information, but she didn't how how it all connected to the case at hand, or even if it did. She hadn't visited Lida or Khadga after talking with the witness, and stuck around town until the last bus was boarding. When she got back to her apartment, her attempts to organize the evidence into anything coherent were thwarted at every turn.
Gavin was utterly unhelpful. For all his talk of being her assistant, he was far more interested in assessing her current abilities than winning the case with her. Athena couldn't shake the feeling he was hiding something from her, but nothing she did was enough to get it out of him.
"Last chance, Gavin. If you've got something to say, I need it now."
Perhaps not. We'll see how things go today. I want to observe you in trial for your own merits. I will only step in if I consider it mutually beneficial.
At least Mr. Wright hadn't felt the need to call her again. He was probably too busy to bother. Athena thought about checking up on Apollo or Simon, but decided she didn't have time. If all went well, no party previously mentioned would have any idea she was here.
She stepped into the courthouse, and was led to the only defense lobby available. She had no idea how she was going to face her client.
"Miss Cykes! You made it!"
"Lida," Athena smiled, pushing through her muddled thoughts. "I wouldn't miss Khadga's trial for the world."
"You almost did," Khadga grumbled. "The trial starts in five minutes."
"The bus was late!" The young lawyer bristled, then sighed. "But don't worry: I have everything I need to prove you innocent in court. Best I can tell, the prosecution's case against you is shaky at best. I just have to keep removing bricks until the tower comes crashing down." Or so Athena hoped. But she wasn't about to let her client see her nerves.
He was still her client, after all. No doubts she had would change that.
"Are you sure you've got this, Miss Cykes?" Lida asked. "I was asking around town while you were investigating, and the prosecutor here hasn't lost a case in ten years!"
"Really?" Athena hadn't heard anything about that.
Lida nodded. "There's only one lawyer in town she faces on a regular basis, and he always loses to her."
Well then that doesn't mean much. Is she a good prosecutor, or is he a bad lawyer? As of now, we still don't know.
"Well, she's never faced me before. And if she thinks I'm gonna be as easy, she's got a new thing coming!" Athena flashed a peace sign, hoping to inspire confidence in herself before the trial started.
"So you did show up. Trial begins soon." A court bailiff stepped in. "I suggest you make your way to the courtroom."
"Thank you, sir." Athena nodded, then turned to Khadga. "I'll get you out of here, I promise."
She didn't get a response before entering the courtroom. Athena tried not to think about it.
"Court is now in session for the trial of Codja... Pank... how do you say this name?" The judge looked up, dark brown wisps of a beard attached to his chin. It was nothing like the long white that the judge in the city had.
"Khadga Pakhi... Your Honor." The defendant added the last bit as an afterthought, slouching in the rickety defendant's chair.
The courthouse here was certainly older than the one in the city. Everything was made of old wood, and whole sections were covered in dust. It probably hadn't been renovated as recently, and only had one courtroom for use at a time. When Athena glanced around her, she saw the gallery seating was under half the size it was in the city. Less than a dozen people were sitting in the stands, though Athena was glad to count Juniper and Grammie among them.
"Yes, you. The court will now hear arguments regarding the charges brought forth against this man. Will Prosecutor Marsanne please explain the charges against the defendant?"
"Yes, Your Honor," came the dry reply. Athena looked across the courtroom to study her opponent for today.
The woman was wearing a plain burgundy suit with unkempt hair, head resting on a hand as she sifted through papers on the bench. If Athena were to guess, she would say the woman was older than Mr. Wright by about ten years. She did not sound happy to be here.
Athena guessed it made sense. It was Christmas Eve, after all. Who (besides her and Mr. Wright) wanted to work on Christmas Eve?
"The defendant, Khadga Pakhi, is charged with murder in the second degree. On the night of the twenty first, he was seen beating local retiree Ms. Gonma Singh with a clothes iron in her own house. The prosecution submits both the murder weapon and autopsy report to the court."
"The court accepts this evidence." The judge's tone was as dry as the prosecutor's. Neither looked particularly invested in what was going on. How could they be so cavalier in a murder trial? Did they not care that someone's life had been lost?
Judging solely by the voices of their heart, they couldn't care less. "After beating the woman to death, the defendant buried her in her own front yard and returned to the city, where he was staying in a hotel. The body was discovered a day later, and he was arrested the morning of the twenty-third."
"HOLD IT! On what grounds was my client arrested for this crime?"
"Excuse me, Miss. No shouting in this court," the judge reprimanded her. "I know you aren't from around here, Miss..."
"Cykes, Your Honor."
"Pikes." Was he getting it wrong on purpose?! Why? "But we don't have screaming matches during our trials in this district. Our trials are civilized. We don't tolerate any nonsense, and the rule of law is followed. Do you understand?"
"Yes, Your Honor." Athena was incredulous, but did her utmost to keep it out of her tone.
"Were you not briefed about trial procedure this morning?"
"I'm sorry, Your Honor. I took the bus up here from the city, and was almost late."
"Almost late, were we?" The prosecutor snorted. "You must inspire confidence."
The bailiff stared at her quizzically. "You got to the courthouse after her. You live in this town."
This was going nowhere fast. "Still, my question stands. Under what circumstances was my client arrested?"
"To explain that, the prosecution wishes to call Officer Oldaugh to the stand." Prosecutor Marsanne didn't acknowledge Athena further as she went fishing through her bag. Athena wasn't sure whether to be relieved or insulted.
"The court recognizes Officer Joe Oldaugh as a trial witness." The officer walked up to the stand from his place in the gallery, saluting before introducing himself.
"My name, as stated, is Joe Oldaugh. I am a police lieutenant in this town, and served as the detective for this case."
"Thank you for that." The judge was reading something Athena couldn't see. "Will you please testify regarding the defense's question?"
"Certainly. This is my testimony, or Circumstances of Arrest, for the record."
The court stenographer gave him a thumbs up, and the officer went into it without a second thought.
"On the twenty-second, the defendant's sister reported Ms. Singh as a Missing Person.
"After searching around town for a while, the police went to check the woman's house. We searched the inside, and found signs of a struggle.
"When no one was found on the property, we brought in the police dogs to sniff for clues. One of them found her body buried in the yard.
"After hearing what bystanders had to say and analyzing evidence found in the house, we arrested the defendant for the heinous act of murder."
Athena listened to silence for several seconds before realizing the testimony was over. Was that all he was going to say?
"And that is why your client was arrested." The prosecutor was drinking out of a large bottle. Athena couldn't see the label from here, but she sure didn't think it was grape juice. How was that allowed, but not shouting in court? "His fingerprints were found at the scene of the crime, and a witness saw him attack the victim. I would say this case is solid."
"Wha- I wouldn't!" Athena protested, slamming the desk. "That testimony right now was one of the vaguest I've ever heard. Your Honor, I demand the right to cross-examine the witness."
He scoffed. "You city folk, always demanding this or that. And you wonder why the town isn't always welcoming to you." The judge shook his head. "I don't care for your tone, young lady. Do you have a reason to cross examine this witness?"
A reason to cross-examine? Why would she need that? The defense attorney was guaranteed the right to cross-examine, regardless of perceived necessity.
In our usual district, that is true. But I can't say I know if such a thing applies here. Gavin spoke up for the first time this trial. Athena wondered if he was as shocked as she was. Regardless, I suggest you play along. Things will only be worse for your client if you're held in contempt of court.
You have a reason to demand a cross-examination. Just tell them what it is and be polite about it.
Athena had to take a breath. "Yes, Your Honor. I want to cross examine this witness because I feel he left certain details unclear."
"So you wish to press the witness?" Prosecutor Marsanne didn't look up. "That's all?"
"...For now." Athena didn't see any contradictions in his testimony. Nor did she have the evidence necessary to point them out. "I just want a better understanding of this case. That's reasonable, right?"
"I suppose so," the judge sighed. "Fine. You may press the witness on anything you wish. Witness?"
"Yes, Your Honor?"
"Would you repeat your testimony for the young miss? She seems to be confused."
Athena disliked the implications of the judge's statement, but was grateful when the officer agreed to repeat himself. She fixed the policeman with a stare, bracing herself for what was to come. The lawyer got the sense she would only get one shot at this, so she had to make it count. And since she didn't have an organized plan of attack, the best idea seemed to be to press him on every statement.
"On the twenty-second, the defendant's sister reported Ms. Singh as a Missing Person."
"HOL- Wait a minute." Athena corrected herself before she could be criticized. "The defendant's sister reported the victim missing?"
"That's what I said, yes."
"Was my client with her when she did so?"
"Yes, he was."
"Why would my client go with his sister to report his own murder victim missing?" Athena asked. "Wouldn't he want to hide his crime?"
"Objection," the prosecutor said, no passion behind her voice. "It was Elide Pakhi who reported Ms. Singh's absence, not the defendant. Unless you're implying she was an accomplice, there's nothing unusual about what occurred here. She couldn't have known what had happened."
That didn't sit with Athena, but she couldn't think of a way to contradict it. So she altered her approach. "Officer Oldaugh, when Miss Pakhi reported Ms. Singh as a Missing Person, how long had she been missing?"
"Two days."
"Wait a minute..." That got the judge's attention. "But hadn't Ms. Singh died the night before? Why was she missing a full day beforehand?"
"That can be easily explained," the prosecutor interjected before Athena had a chance to continue. "Ms. Singh is known for her forgetfulness and tendency to wander. It's possible she went somewhere the day before her murder and forgot to tell anyone. Where she went isn't relevant to the murder, so it wasn't investigated. After all, it's only when she returned home she was murdered by the defendant."
"But that raises more questions than it answers!" Athena objected. "If she hadn't been home in a day, how did my client know she would be there when he was at her house? He couldn't have planned this murder."
"You're right," the prosecutor said flatly. "He didn't plan this murder."
"So you admit it?" Athena couldn't believe it. This had to be the shortest trial she'd ever-
Don't celebrate yet. Aren't you forgetting something?
"Yes. I admitted it at the beginning of this trial. Do you what 'murder in the second degree' means, Miss Cykes?" Prosecutor Marsanne took a swig of her... unidentified drink. "The murder was spur of the moment. Not premeditated."
Well, there went that argument. Athena resisted the urge to hang her head. "May I continue with the cross-examination?"
A laugh. "Certainly."
Oldaugh took a second to remember what his next statement was before repeating it. "After searching around town for a while, the police went to check the woman's house. We searched the inside, and found signs of a struggle."
"Can you explain these signs of a struggle to the court?" Athena asked, leaning forward on the bench. "The defendant was a fail old woman. I find it hard to believe she did that much struggling."
"The struggle was brief, I admit. But when the police searched the house, we found an ironing board turned over, and blood on the murder weapon from a single strike. Blood was also found on the floor and staining clothing, indicating the murder happened there."
"So the victim had been ironing when she was murdered?"
"Well, about to. The murder weapon wasn't plugged in, and there were no burn marks on the victim."
"Objection," the prosecution broke in. "Is any of this relevant to the trial?"
"Objection sustained." The judge agreed. "Miss Pikes, continue on or give up. Some of us have plans later today."
"I will continue," Athena declared without even thinking. There had to be something she could use here...
The judge sighed. "Very well. Officer Oldaugh?"
"Yes, Your Honor.
"When no one was found on the property, we brought in the police dogs to sniff for clues. One of them found her body buried in the yard."
"Is it the prosecution's claim that my client buried Ms. Singh's body in her own front yard?" Athena asked.
"It is," the prosecution nodded. She still wasn't looking at Athena. "He buried her body to hide his crime."
"But aren't there easier ways to do that? Why would he bury her in her front yard when he could have hidden her body in the woods just behind the property? Is there any evidence he was the one to bury her?"
"If you must know, the defendant's DNA was not found on a shovel, sand pack, or anything of the sort. But neither was anyone else's. As for your other questions..." the older woman shrugged. "What does it matter?"
"What does it matter? What do you mean 'what does it matter'?! Are you the prosecutor of this case or not?"
"So the defendant isn't smart. That doesn't mean he didn't commit the murder. He knew he had to hide the body, and he did. Who cares why he chose the method he did?" The prosecutor smiled. "Which brings me to another point I'm sure you'll bring up."
"What?" This didn't look good.
"Motive." Another swig. "You were going to ask about that, weren't you?"
"Eventually, yes."
"I knew it. And it's simple, really. The defendant wasn't in the victim's house to murder her. He was there to rob her."
"Rob her?" The judge's eyes widened. "Who would sink so low as to rob a defenseless old woman?"
"The same person who would strike her down and bury her when she came back home and caught him. Is it really a surprise that a murderer could also be a thief?"
"Objection! Where is the proof for these accusations?" Athena couldn't let her get away with this. She was bound to lose if she did.
She could feel the hopelessness from years past settling in. She thought she was past this! Hadn't that been what all of her last case was about?
"The police officer already told you, yes? We found the defendant's fingerprints on items at the crime scene. Would you like to know what items those were, Miss Cykes?"
"I... I would." Athena spoke through gritted teeth. Definitely not good.
"Heirlooms, jewelry, and a safe door. Ms. Singh was a woman of few luxuries. If your client had his way, she would be a woman of none. The prosecution wishes to submit these items as evidence."
So her client had visited the crime scene that night. He'd lied to her.
Athena looked over towards the defendant's chair. Khadga was slumped over still, not meeting her eyes. What if he'd really...
What are you doing? I know Phoenix's style, and for all its flaws, giving up on his clients at the first sign of difficulty isn't it. What has he been teaching his apprentices?
Gavin's point was crude, but he was right. What was she doing?
No. She couldn't do this. Not to him. Not to herself.
Athena shook the weight off her shoulders. She couldn't let her emotions get to her. She couldn't give up now.
She must be missing something.
"What am I missing here?" she whispered under her breath. She hated this. "Gavin?"
Well, if I were you, I wouldn't recommend questioning the evidence itself. In court, evidence is all but infallible. But the arguments behind it? The details leading up to its presentation? Those are the aspects you can get away with questioning.
She could almost feel him smiling. And that's all I have to say on the matter. If you catch my meaning...
No, she didn't. Well, she did, but seriously? Could this demon be any more frustrating?
"...Wait."
"Well, if the defense is done talking to herself, I suggest we-"
"Hold it. When were these pieces of evidence analyzed?"
Both judge and prosecutor paused. "What are you asking, Miss Pikes?"
"The jewelry and stuff Prosecutor Marsanne just submitted. When was it analyzed for fingerprints?"
"Yesterday, during the police investigation," Officer Oldaugh answered. "Why do you ask?"
"My client and his sister were the ones who reported the victim's disappearance to the police. They told the police they had already visited the victim's residence before reporting." Athena remembered from her night with Juniper. "Can the prosecution prove these fingerprints were left the night of the murder and not the day after?"
"What?" The prosecutor nearly spit out her drink. She turned to the police officer on the witness stand. "Is this true?"
"...It is. I may have mentioned it to the girl before I knew her profession." Oldaugh had a tinge of happiness to his voice. He almost sounded impressed with her. "As for the lass's question, the police have no way of proving when the fingerprints were left."
"So my client snooped a bit while looking for his grandma. That isn't a crime!" Athena argued. "I will not let the prosecution use that evidence to make him a murderer!"
"Hm," the judge frowned. "The prosecution's argument may make sense, but I'm afraid the defense raises a fair point. As of now, the prosecution possesses insufficient evidence to convict the defendant."
"Urgh..." She was growling. Actually growling. That was a new one. "Wait. You can't say your client wasn't at the crime scene when the murder happened! I have a witness who saw him arguing with the victim herself just before the murder! I said as much!"
"Then I suggest you call this decisive witness of yours, Prosecutor. Why didn't you lead this trial with such a thing?"
"I... didn't think it would be necessary, Your Honor. Not with an opponent like this." She fixed her haggard stare on Athena, a single eye twitching. Athena stood tall, hands on her hips. It took all her internal discipline not to bite back with a response.
The prosecutor shoved her bottle to the side, nearly knocking if off the bench before speaking. "Since the defense needs further convincing, the prosecution wishes to call another witness. Will Seamus Goodwin please take the stand?"
The judge shook his head. "The court recognizes Seamus Goodwin as a witness. Will he please take the stand?"
"..."
"...Seamus Goodwin?" The judge glanced around the gallery. "Is the witness here? He's not waiting in the prosecution's lobby, is he?"
"Er, no sir." A bailiff spoke up from the back of the room. "Old Man Seamus never showed up to court today."
"I'm sorry, what?" Prosecutor Marsanne really looked like she was about to break the 'no shouting' rule. "Did I not tell him to... Ugh! Officer Oldaugh?"
"Yes, Prosecutor?"
"Fetch the witness from his home, if you will. We can continue the trial when he arrives."
"Until then, I'm afraid we'll have to call for a ten minute recess. When we resume, I expect the prosecution not to leave any more holes in her case. Am I heard?"
"Yes, Your Honor."
"Prosecutor Marsanne, meet me in my chambers. We have matters to discuss. Until the witness is here, court is adjourned." The man struck his gavel, and so it was.
Athena breathed a sigh of relief. That was close.
Indeed it was, Miss Cykes. Indeed it was.
A/N's: Well there you have it. Trial, part one. It's my hope that two chapters is enough to wrap up the mystery, but I may have to segue into a third. Being an intro arc to a larger story is no excuse to be sloppy. Same goes for the characters. I had to get help from the Scollard to figure out the prosecutor character, but I'm glad I did. Marsanne is a refreshing different from most the prosecutors of this series. I enjoy writing her.
Another thing I enjoy is Athena and Kristoph in court together. He's basically her co-counsel, but not a very helpful one unless she's literally about to lose. It makes sense in regards to his character, but it still sucks for Athena. So do a lot of things about this part of the story.
Still, I hope you're enjoying the story so far. I'm sorry I haven't updated in a while. It's not quite going almost a year without updating, but even so. Consider it a late Christmas present from me to you. Keep warm this winter, don't forget to review, and I'll see you on the far side!