Evidence 9
First witness - Mr Evan White
Evan White had never once needed to steel his nerves before a court appearance until today.
He looked at his watch. It was indeed getting very late, or more accurately early as midnight had passed some time ago.
He had several cases coming up and had spent most of the night reading through paperwork relating to them. A case defending a bank worker accused of fraud, a case defending a chap accused of assault at a football match, another involving a car theft and one defence against a charge of arson. It was the usual workload, nothing at all out of the ordinary.
Since the deaths of Tim and Caroline, word of his association with them had brought a lot of business Evan's way. Evan certainly never intended to cash in on the Prices' deaths but there were people out there who needed defending and, upon the deaths of Tim and Caroline, people accused of crimes and needing help had come to their former right hand man - Evan White.
Evan's own law firm had started well and appeared to be flourishing. Of this Evan was very proud because it meant that he was the lawyer he always knew he could be, but aside from that, it meant he could also provide a secure future for Alexandra - His 'Little Alex' as he often called her now.
Evan had now sat here for several hours. He had read through paperwork and statements relating to his upcoming cases but, if he was honest with himself, he hadn't taken any of it in.
He had simply gone over the statements to occupy himself, to take his attention from a far more imposing matter. He knew the football fan he was defending was as guilty as sin, but he had sat at his desk in his study looking at the paperwork anyway. His eyes had followed the sentences written before him but he had absorbed none of it. Evan had simply been going through the motions.
He had poured whiskeys from a crystal decanter and into a glass until at least 2am.
He hadn't been drunk, but it had been enough to silence his conscience. His conscience had been making itself known more and more frequently as the trial approached. It wasn't often Evan was called as a witness rather than in his professional role, but this was indeed one of those rare occasions. But this case wasn't just rare, it was unique in Evan's experience. He would be going into the court today in full possession of facts that he knew could very possibly clear the accused...Yet he could not allow himself to utter a word of this.
Evan had been shocked when, months back, he had heard news from the police that someone had been arrested for the Price murders. Evan had been at his office when the police had come by and asked to speak with him. His initial thoughts were that the elusive Arthur Layton had been recaptured and that perhaps, just perhaps, some forensic trace had been found to link Layton to the bomb. That would, in Evan's view, be a satisfactory outcome to this whole sorry affair.
As Evan had found out, that was not to be. He would never forget his reaction when he had been told what had actually transpired and who had really been arrested. He had sat back in his chair as if a great force had shoved him backwards, clasped a hand over his mouth in horror and uttered "Oh...God..."
And now here he was, his part in the trial just hours away. Evan had thought and thought, in fact he had done nothing but think ever since he had been informed of Alex Drake's arrest.
"I have to do the right thing", Evan muttered as he picked up the glass and swirled around the last drop of whiskey.
He rubbed his tired eyes as he thought hard.
"What is the right thing though?" He directed his question to a small framed photograph on his desk. It was a school photograph of his 'Little Alex'. She had bravely gone back to school some weeks after the bombing and had brought the annual school photograph home last week. Evan had kept the small photo on his desk.
Finally he knocked back the last drop of whiskey. He knew what he had to do. When it came down to it, there was only one option. This whole thing was a balancing act and in the very middle of it was Evan's knowledge of Tim Price's video confession. On the one hand Evan knew that if he revealed it, it might very well help get Alex Drake off. He knew she was innocent and that was what pained Evan so much. When he had heard of her arrest Evan had been devastated and had, for once, not known what to do.
"Why couldn't it have been someone else?" Evan again muttered at his desk.
He knew there were some highly corrupt police officers out there, some with real blood on their hands. Had one of them been arrested for the Price murders instead then maybe, just maybe, it wouldn't have felt so bad.
But Alex Drake? Evan was torn. He had never hidden his affections for her since his slightly bizarre first encounter with her. And the more they crossed paths the more he fancied her, even during his affair with Caroline he had felt drawn to this DI. He had even thought he might be in with a chance, that she was pretty much his. A nice evening spent with her in her flat, music playing in the background, drinks for both of them and talks of meeting in past lives. All so romantic...
It had all gone so well until she had let slip that silly comment about DCI Gene Hunt.
That had killed the moment stone dead.
But despite Evan's feelings towards Alex, he also knew she was a good and honest police officer and a genuinely nice person. He knew she didn't deserve this. And therein lay Evan's dilemma and the reason for his pangs of conscience. In just a few hours time Evan was to be called as a witness - for the prosecution.
He knew that if he didn't reveal the knowledge of Tim Price's VHS confession then his words could lead to a major miscarriage of justice and he could well be responsible for seeing Alex Drake sent down for life for a crime she didn't commit.
Just the very thought of that made Evan feel physically sick. But if he did reveal knowledge of the VHS tape he would, in mere seconds, destroy his 'Little Alex' all over again.
Evan sighed. This was beyond difficult: it was the hardest choice he had ever had to make.
'Little Alex' had gone through so much in recent months and Evan was so proud of her.
She was simply the very best thing in his world and always would be. She had coped admirably given that she had actually witnessed the deaths of her parents first hand.
There had, indeed, been many nights of tears but Evan had done his absolute best to comfort her and reassure her that he would always be there for her, looking out for her and taking care of her.
The worst parts were the times when 'Little Alex' would ask Evan why her mummy and daddy died and who did it. These were questions Evan felt he would never ever be able to bring himself to answer, despite his feeble promise to himself that he would indeed tell one day tell her when she was older - but that was a long time off.
Evan loved his 'Little Alex' and knew he could never do anything which would harm her.
As a result, he was going to have to do something very hard in just a few hours...after that Evan would just have to find a way to live with himself. His final choice was simple...who's world would Evan destroy? In the end, Evan's decision was easy...It wasn't going to be Alex Price.
Evan stood as he awaited the beginning of the questioning.
He was familiar with this court room as he had been in it with clients many times before.
He even knew several members of both the prosecution and defence teams on a professional level. Alex's lawyer Jarvis was a highly competent man and Evan allowed himself to take some comfort in the knowledge that someone that good was defending her. Evan was aware of the prosecution lawyer Alison Weeks. In this male dominated profession Evan had a suspicion that Alison was shaping up to become, over the next few years, the next Caroline Price - maybe even more successful.
He had heard many things about this lawyer and had defended a case against her just once.
On that occasion Evan had lost and his client had been found guilty of robbing a petrol station.
Evan had to admit he admired Alison. She was a rising star in the profession and was certainly a hot topic between lawyers in the wine bars after court. Today, however, Evan wished Alison was anywhere but here. She was good, damn good, and that was a problem.
There was one person in the court Evan didn't want to look at but finally it got the better of him.
He cast his eyes to one side and saw her - sat in the dock, a blue blouse, the white jacket and the same dark curls that he always remembered. As he observed it dawned on him that this was the first time he had seen Alex Drake since the day of the car bombing when he had taken 'Little Alex' home with him after DCI Hunt had destroyed the VHS confession.
He suddenly realised that eye contact that had been established and glanced away, down at the floor. He couldn't look her in the eye just now, not when his words were most likely about to condemn her. But it was all for the sake of his 'Little Alex', he had to put her first in this world now, above all others.
"Mister White".
Evan's thoughts ceased as he heard Alison Weeks's voice begin speaking to him.
She stood facing him, looking professional as always.
"Can you please tell the court how you came to know the defendant? Just tell us exactly what you told the police in your statement".
Evan took in a deep breath and cast his mind back, "It was several months ago, I don't recall the exact date, I was leaving the office to get some lunch when I encountered this young woman, DI Drake...the defendant".
Alison nodded as she listened.
"I see", she appeared to be running over details in her mind, "And when you say 'the office', exactly what office do you refer?"
"That would be the offices of Tim and Caroline Price's legal firm, where I worked at the time in question", Evan answered quite truthfully.
"According to your statement Mister White you struck up a conversation with the defendant as you left the Prices' offices", Alison continued to dig, "Did the defendant explain why she had come to the offices?"
Evan swallowed hard. The questions were perfectly simple but he knew Alison would inevitably be trying to portray Alex in a bad light.
"She told me she stopped by to see Caroline".
"Caroline Price?" Alison asked, wishing to establish without question who Alex had been interested in seeing that day.
"Yes Caroline Price", Evan nodded.
"And did she tell you why she needed to see Caroline Price?" Alison continued.
"She said she was looking for some reassurance", Evan recalled. He decided to leave out the bit about Alex telling him he 'was' gorgeous. He would keep the oddly worded complement to himself, just as he had when the police had interviewed him after Alex's arrest.
"Reassurance for what?", Alison again quizzed.
"I honestly don't know", Evan again truthfully answered, "I didn't wish to pry. It was none of my business, I just assumed she had an appointment and that was why she was there".
Alison turned from Evan momentarily, "The prosecution would like to point out at this time that there is no record of the defendant having an appointment to see Caroline Price that day".
There was silence as words were jotted down and Alison took a moment in thought before moving on to her next line of questioning.
"Mister White, I would now like to move the questioning on to events of several days after you met the defendant".
Evan nodded in understanding "Mister White, is it correct that you met with the defendant in the trattoria named Luigi's just days after first meeting her?", Alison enquired from where she stood.
"Yes that is correct", Evan answered.
"And what did you believe the nature of this encounter to be Mister White?", Alison's digging continued.
"I errr...", Evan stumbled his words slightly, "At the time, I thought it might have been a date".
Evan felt slightly embarrassed. His personal life had never been a subject for questioning in court until today, but he knew worse was yet to come with personal questions.
"So you came to the Luigi's trattoria thinking you were going on a date, that your luck was in?", Alison elaborated her train of thought, "And how did you discover it wasn't a date?".
"It transpired that Alex, I mean the defendant, merely wanted to run some details about a police investigation past me", Evan recalled, again truthfully.
"For the record", Alison explained to the court, "the police investigation the witness refers to is the investigation into the murder of a Mister Martin Kennedy, a security guard for the Edgehampton weapons research base".
Alison wasted no time before continuing her questioning of Evan.
"Isn't it odd to simply run details of a police investigation past someone unconnected to the case in, of all places, a restaurant, Mister White?"
"I think DI Drake just wanted to check out a couple of facts off the record", Evan was quick to defend, "a phone number found on the body".
"And could you please tell the court who's telephone number that was Mister White?".
Evan didn't want to answer but knew he had to. He knew the only answer he could give was exactly the answer Alison wanted.
"Tim and Caroline Price's home number", Evan replied.
"Tim and Caroline Price yet again", Alison commentated, "their private home telephone number..."
Evan looked down momentarily.
The questioning had barely begun and already he felt as if he were dropping Alex further and further in it.
"Were the Prices discussed at this encounter, Mister White?"
"There was a short discussion", Evan admitted, "I simply explained that Tim and Caroline were not at all as the newspapers would have people believe - that they were real people just like anybody else".
"And was there a suggestion that the defendant should visit the Price house?" Alison continued.
"Just so Alex could ask Caroline about this Kennedy chap", Evan tried to play down any possible negativity from Alison's question, "I thought it would make sense for her to ask Caroline herself so I suggested she call round at a time I was there and she could see that Caroline was really nothing to fear".
There was a pause as Alison seemed to consider the wording of her next question.
Evan's heart rate increased as Alison was handed something by a member of her team.
He recognised what it was and knew what was coming.
"The jury are now being shown evidence in the form of a series of A4 black and white photographs", Alison explained, "Mister White can you confirm for the court that you are the man depicted in these photographs?"
Evan was both horrified and deeply embarrassed.
He knew the photographs were inevitably going to be used in evidence.
Now the moment had come it felt incredibly humiliating, as the jury of strangers all looked at the photographs of Evan and Caroline in various compromising positions.
The photographs left those looking at them in absolutely no doubt as to what was going on.
"That is me, yes", Evan solemnly replied, his humiliation preventing him from making eye contact with Alison or anybody else.
"Is it correct to state that, at the time these photographs were taken, you were in the midst of pursuing an affair with Caroline Price?"
Evan looked down, uncomfortable with discussing the subject in front of all these people.
He felt ashamed at having his secret exposed in court. Yet at the same time he felt remorse that these photographs were being dragged out yet again when, this time, Caroline would not be here to defend herself. He knew it was a key part of the trial and evidence had to be shown, but he couldn't help feeling that this was being disrespectful towards Caroline's memory.
In Evan's opinion, the best place for these photographs was the dustbin.
"Mister White?" Alison prompted, breaking Evan from his thoughts.
"There was a brief affair, yes", Evan admitted, "but it was brief! It was just something that happened, it wasn't planned".
"You have no need to justify your actions Mister White", Alison reassured Evan on the clearly awkward matter, "We simply aim to establish the facts".
Evan nodded. He knew this to be true as he did the same job as Alison and had himself asked people uncomfortable questions in court.
But being the one being questioned was both different and new to Evan.
The affair with Caroline may have ended some time before the car bombing but Evan had always remained fond of Caroline and therefore now felt protective toward her memory.
"Is it true, Mister White, that Caroline Price was the victim of an attempted blackmail plot by this Martin Kennedy chap regarding these photographs?" Alison moved the subject along.
"Yes, that is true", Evan agreed, "He had visited Caroline at some point, demanded two thousand pounds for the photographs and threatened that if he didn't get what he wanted he would send the photographs to Tim...to Mister Price".
"Did he get what he wanted?", Alison asked.
"No", Evan shook his head, "No, and after Martin Kennedy was found dead the photographs were discovered by the police investigating his death".
"I see", Alison sounded like she was heading down a well planned path, "And what happened to the photographs then Mister White?".
"Well, they were taken as evidence", Evan began, "and then they were kindly returned to Caroline to do with as she wished".
"Returned by whom exactly?", Alison continued.
Evan paused. He didn't want to answer.
"DI Drake", Evan stated and looked briefly toward Alex.
"DI Drake...", Alison repeated, "So DI Drake had access to and was the last person to be in possession of these revealing photographs prior to them being returned to Mrs Price?".
"So Caroline told me, yes", Evan answered.
"Mister White when your affair with Caroline Price was discovered you were interviewed as part of the police investigation into Mister Kennedy's death. How did DI Drake react to the affair?"
Evan again looked briefly towards Alex in the dock. He found it very hard to read her.
She was looking his way and seemed to be listening intently but Evan couldn't make out any obvious reaction to his words.
Part of him wished he could tell how his words were affecting Alex. If it was up to him he would have played no part in these proceedings as he knew full well Alex was innocent.
That knowledge was hurting Evan terribly. Defending the innocent was his job, his calling, yet here he was - his words being spun to convince a jury to convict Alex of a crime she had nothing to do with.
Every fibre of Evan's being told him this was wrong, but if he followed his instinct he would cause even more hurt and pain to his 'Little Alex''. He couldn't possibly let that happen.
Just this once, Evan had to go against his instinct and his sense of what was right...and doing so felt truly awful.
"She reacted angrily", Evan finally answered the question, "asked why I hadn't told her about the affair, and if Caroline had any other affairs".
"Did you find this an odd question to be asked?", Alison probed, "it hardly seems relevant to tracking down this Mister Kennedy's killer".
"Well...A little unusual", Evan agreed, "but I suppose morally we were in the wrong so I assumed that's why Alex was angry. Alex and I had been getting to know each other recently too so she may have felt a little cheated".
"Mister White, your statement indicates that you spoke with the defendant outside the police station shortly after you were interviewed about the photographs".
"Yes I did have a brief chat with Alex", Evan confirmed.
"And did she make any threats towards you Mister White?"
"Threats?" Evan was confused.
"Reading from your statement Mister White, the accused is alleged to have said to you...What would you do if your God daughter found out?".
Evan's heart skipped a beat at being reminded of what Alex had said.
"I didn't perceive that as a threat, more an off the cuff remark in the heat of the moment", Evan wished he hadn't been quite so honest with the police when he had been quizzed after Alex's arrest.
"I see", Alison remarked.
Again there was a pause as Alison prepared to move her questioning along.
"I would now like to draw Mister White's attention to the investigation into the theft of BBC Children in Need money which was being investigated by the defendant's CID branch".
Evan nodded in understanding of the facts. He recalled it well, scoring a point over DCI Hunt.
"I understand that you were contacted concerning use of unauthorised methods of policing, namely the holding without caution of a Mister Gill Hollis and the use of physical force during interrogation".
"I was contacted yes", Evan agreed.
"Who contacted you?"
"DI Drake", Evan answered truthfully, "she was concerned, that's all and she was in the right I might add".
"Despite there being a list of regularly used solicitors in the station, DI Drake specifically called you?"
"Yes", Evan nodded, there was nothing wrong with that.
"And this resulted in Gill Hollis being represented by whom exactly?"
"Caroline Price", Evan recalled, "Caroline came to the station and we took Gill out of custody".
Another pause came before the subject moved along again.
"Moving along to the day of October 10th 1981, the day of the car bombing. Is it correct to say that the defendant, along with a DCI Gene Hunt, came to court in search of the Prices?"
"That's right", Evan agreed, "I told them I had resigned and that I was no longer anything to do with them".
"How did the defendant seem to you, Mister White?"
"She was frantic, desperate to find them", Evan again replied truthfully, "she was asking if I knew where they were".
"And you told both the defendant and DCI Hunt where the Prices had gone?"
"Yes I did", Evan explained, "It seemed important. Alex seemed alarmed, flustered".
"And can you confirm to the court Mister White that you owned the blue W reg Ford Escort that the Prices so tragically died in?".
"I did", Evan answered solemnly, "I dropped it off outside their house that morning and put the keys through the letterbox".
"The Ford Escorts keys were put through the letterbox of the Prices' house", Alison emphasised. "This will indeed prove relevant later on".
Alison took a breath and began her final line of questioning.
"Finally Mister White, you were present when the car exploded. Could you please tell the court how the defendant reacted?"
"It was awful. As DCI Hunt made his way towards Tim and Caroline's daughter, DI Drake sank to her knees and screamed. It was as if everything in her world had just shattered, awful".
"Thank you, Mister White", Alison finally finished, "No more questions from the prosecution".
With that Alison sat back down.
The judge looked from the prosecution to the defence.
"Are there any questions from the defence for this witness?", he asked in a commanding voice.
Jarvis got to his feet. He was of a similar age to Evan, maybe a year or so older with neat dark brown hair and smart glasses.
"Yes, Your Honour", Jarvis replied with a firm nod.
Jarvis took a moment in thought before he began his question.
""Mister White", he finally began, "during the entire time that you have known the defendant, did you ever see anything that gave you cause to believe that she could have a grudge or obsession with the Price family?"
Evan was relieved. He had unwillingly done his damage, now it was his chance to limit the damage. He shook his head in response to Jarvis's question.
"No never. If anything, I always thought Alex admired and respected Caroline as a fellow female in a male dominated profession".
"So you never saw anything that gave you cause for concern, Mister White?" Jarvis continued.
"No, nothing", Evan was firm.
"And moving slightly further along, did you ever witness any behaviour from the defendant that gave you reason to believe she wished the Price family any harm?".
"Again no", Evan's reply was steadfast, "No, she looked up to Caroline".
"Finally, Mister White", Jarvis felt confident with his questioning, "Did Tim or Caroline Price ever say anything to you to indicate that they themselves felt in any way threatened by the defendant?"
"No", Evan answered, "Caroline mentioned a couple of encounters where she said Alex seemed emotional, upset, but she never said anything about feeling threatened".
"And as far as the defence is aware", Jarvis concluded, "calling round to see a friend when feeling upset is not yet a crime. No more questions, Your Honour".
Alex remained seated as Evan was dismissed from the witness box.
In her thoughts she digested Evan's words and answers, all the time feeling mixed emotions.
Evan was someone Alex had trusted and looked up to her entire life and hearing his descriptions of her words and actions had been difficult. She knew he had said nothing but the truth but it was still hard to deal with the fact that so much of Evan's own testimony was to be used against her.
She knew this wasn't her Evan as such, her Evan was in 2008 with Molly.
But this Evan, here in 1981, was the Evan who would raise her younger self and help shape her into the woman she would become. Alex knew that Evan was protecting her younger self in the way he had testified, he always protected her and was always there for her.
In the same situation Alex knew she would do exactly the same for Molly.
Evan couldn't possibly know that his 'Little Alex' and this DI were the same person so of course he would prioritise protecting his 'family'.
As a result no matter how negative Evan's words would be spun into looking, Alex felt unable to bear Evan any ill will.
As she had listened to the testimony Alex had partly blamed herself for how bad her actions could look.
She never thought about it at the time because a double murder charge was the very last thing Alex had expected to happen to her.
She had confidently expected to be back with Molly by now, probably in hospital, but back with her daughter no less. But it had all gone so horrendously wrong on October 10th 1981.
Alex had wished many times that she had said or done things differently - Not badgering Caroline, not calling at the Price house and, most importantly, not filling her wall with all those clippings about the Prices and that damned calendar.
She didn't like the way these proceedings were going at all and the case was only one witness in.
It wouldn't be long until the second witness would be called by the prosecution.
Alex knew the next witness would be an unwilling participant in these proceedings but he would have no choice.
It would soon be time for DS Ray Carling to take to the witness box.
End Chapter 9...the Trail will continue...
(Huge thanks to Heidi for beta-ing and for solicitor Skywise for letting me pick her legal brains!)
(Author note - As with previous chapters I sometimes have problems with formatting when I upload fics to this website. Sometimes this site loses gaps, bunches stuff all together and generally messes with the layout, despite having been beta'd. If this happens with this chapter, please take that into account as I don't yet know what causes this website to do this during the upload).
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