Chapter 9

Jarrod arrived at the jail early, but not so early that he disturbed Linda's ablutions. Iva Merar had brought her a clean dress – simple again, a soft blue color – and had helped her arrange her hair so that it was out of her face. When Jarrod arrived, he couldn't help smiling.

"You look perfect," Jarrod said. "Not rich, not poor, not like a lawyer but like a wife who loved her husband."

"I've helped present a few clients in my time," Linda said. "I know how to look the part."

"Is there anything we need to go over?"

"No," Linda said. "I'm ready."

The sheriff was required to escort Linda. Jarrod stayed a few paces behind. The gallery was full of both observers and prospective jurors. Court was convened and the proceedings began.

Picking the jury was not too difficult. Jarrod knew every one that was finally sworn in, and he knew that they would do their job carefully. Then came opening motions and opening arguments that neither Jarrod nor District Attorney Strickler spent too much time with. Strickler's position was that Linda Cain was guilty of murdering her husband. He said that the defendant admitted it as soon as the sheriff arrived and the State would show that. He said that the defense would argue that she did not kill him herself, but that she did assist him in killing himself, so at least she was an accessory to his self-murder.

Jarrod countered with his argument. Linda Cain's exclamation that she had killed her husband was the reaction of a distraught wife and that she admitted she had given him the gun. Jarrod argued that Linda Cain had only assisted her husband in protecting himself from a prolonged painful death and in protecting his wife from a slow dissolution into poverty and sickness.

The case proceeded quickly. The State presented Dr. Merar, who testified as to what he found at Adam Cain's bedside and the cause of his death. On cross examination, Jarrod was able to get the doctor to testify that Adam had been terribly ill, in terrific pain with irreversible heart disease that laudanum was not completely relieving, and he had seen the man once every day – often enough to know what Adam was going through.

"How long could Adam have lingered in that kind of pain and disability?" Jarrod asked.

The district attorney objected, saying the question was irrelevant and speculative, but the judge allowed Dr. Merar to testify "in his expert opinion." "There's no telling," Dr. Merar said. "He was in great pain, his heart was giving him agony, and there was no chance that he would ever get out of that bed again, but I have known people to last for months and even years in that condition. They are horrible years."

"Objection," Strickler said. "'Horrible years' is completely subjective and inflammatory. I move to strike."

The judge sustained that objection, but of course, the words had been said.

On rebuttal, Strickler got Dr. Merar to admit Adam may have died the next day of natural causes.

That was the end of Dr. Merar's testimony.

Sheriff Madden testified that Linda Cain had said she killed her husband, almost as soon as he entered the room after the sound of the gunshot was reported. He testified that the gun was at Adam's side when he got there, but not in his hand, and that Linda had blood on her.

On cross-examination, Jarrod got Sheriff Madden to admit that Linda seemed to be in deep shock, that when he arrived she was close enough to Adam that she would have gotten his blood on her even if he pulled the trigger, and that the position of the gun was consistent with it falling out of Adam's hand once he'd used it.

That's all there was to the State's case. Jarrod made the expected motion for judgment acquitting the defendant, which the judge denied, and then Jarrod presented Linda's case.

He recalled Dr. Merar first, having him testify now as to Linda, her condition of shock but also to her overall condition when Adam died. "She was exhausted and her health was failing," Dr. Merar said. "I had no doubt that I would be treating her as well as her husband in the very near future." Strickler objected that the opinion was speculative, but the judge let it in as Dr. Merar's expert opinion again.

"Doctor," Strickler asked on cross examination, "you provided laudanum for Adam's condition, did you not?"

"I did," Dr. Merar said.

"But not enough to end his life, is that correct?"

"That's correct."

"Why not? If it could have gently ended his suffering, why didn't you give it to him?"

Dr. Merar said, "It would have been against my oath."

"And against the law, wouldn't it have been? Isn't there a law against taking the life of another person?"

Jarrod objected. The judge denied the objection. Dr. Merar said, "There is such a law."

Strickler ended his cross-examination right there.

Then Jarrod put Linda on the stand. The room grew completely silent. Nobody moved. Linda took the oath and gave her name.

"Mrs. Cain," Jarrod said, "did you and your husband go by another name before you came to Stockton?"

"Yes," she said. "Our last name was Desmond."

That got some reaction from the crowd. Jarrod let it pass, then had Linda testify as to her occupation and that of her husband before they came to Stockton, that they had a partnership as lawyers in Los Angeles, and he went right on having her explain about their practice, about their lives –

Strickler objected. "This is completely irrelevant."

Jarrod said, "On the contrary, Your Honor, it is very relevant to the defendant's motivation and state of mind and in getting to the truth of this situation." Then he turned to Strickler. "The truth is what we want to get to here, isn't it?"

Strickler had no choice. He reluctantly gave a small nod.

Jarrod then had Linda testify about how she and her husband met and fell in love and everything from their beginning as a couple, through their marriage, through her becoming and lawyer, and all the way up to his heart attack. Everything that would show them as a loving, competent, honest couple.

Including their decision to come to Stockton where no one knew them, so that Adam could end his life if that was what he wanted to do. About how they had given up their practice and no longer had any income. About how their money supply was dwindling. About how Adam worried about all of that.

Strickler objected to her testimony about Adam worrying, but the judge allowed it as an exception to hearsay. When Strickler cross examined Linda, he recited and had her admit to the facts that supported his version. She agreed she had said she killed her husband, but she added it was out of shock and because she had given him the gun. Strickler leaned into the fact that she was running out of money and becoming destitute and got her to admit she was frightened about that.

Linda remained calm, cooperative, respectful, but firm in her testimony. She repeated every chance she got that she loved her husband, that he himself was frightened about his decline and often in extreme agony, and that he constantly expressed worry about what would happen to her. Whenever Strickler led her down the path of his story, she responded by moving him over to hers.

Jarrod realized he was seeing a very good lawyer at work as he watched his client. When she was finished, Jarrod had only one question for her – "Mrs. Cain, did you shoot your husband yourself?"

"No, I did not," she said.

Jarrod left it with that statement.

The judge had the jury taken to the jury room. He entertained Jarrod's motion for a directed verdict but, as expected, denied it. He accepted the prosecution and defense recommendations for jury instructions, then adjourned to study them.

People left the courtroom. Strickler left without a word, and the sheriff came to take Linda back to the jail. "Stay here with your family," she said to Jarrod. "I'm all right. I'm very satisfied with how it went, no matter what happens now."

Jarrod let her go with a smile of confidence. His family joined him then, not crossing over the bar yet, but drawing close to him after the sheriff took Linda away.

"That was a fast trial," Nick said. "I thought it would take all day, not just a few hours."

"There wasn't a whole lot for either side to say," Jarrod said. "And we still have to send the jury out. They could well deliberate for the rest of the day and into tomorrow."

"How long do you think it will take the judge to decide on instructions?" Victoria asked.

"A while," Jarrod said. "He's probably gonna want to look up those citations I gave him. I know he realizes I'm asking him to make new law in a way, but I think I've given him enough to let him do it. Judge Farnum isn't stuck in the past. He's not afraid of being reversed, and if a jury finds for a defendant the state can't appeal that. Just the judge's rulings on evidence and such, and the appeals courts are careful about ordering a retrial on the basis of those. They don't like reversing jury verdicts a lot in this state."

While they talked, Heath looked toward the back of the room. He had seen Polly back there but not said anything to anyone. She had already left now. No one but he noticed her. He gave her just another second of thought, then turned his attention back to his family.

"Do you want to join us for lunch?" Victoria asked.

"Stockton House?" Jarrod asked.

Victoria nodded.

Jarrod said, "Let me tell the clerk where I'm going, in case they have to send for me, but let me join you there. I want to make sure Linda is all right first."

Linda was back in her cell by the time Jarrod got to the jail. Sheriff Madden said, "You did a good job in there," before he let Jarrod in to see her.

"The job's not over yet, Fred," Jarrod said, "but you did a fine job yourself."

"Well, I don't know how to judge that. I guess we'll just let the jury do the judging. I sent for some food for Linda – do you want any?"

"No, I'll join my family in a few minutes," Jarrod said. "I just want to check on my client."

The sheriff let Jarrod into the cell block and into Linda's cell. She was sitting on the bunk, looking exhausted, and when the sheriff left them alone and Jarrod sat down beside her, she started to cry.

Jarrod put his arm around her and drew her in. "You were fine. Your testimony was excellent."

"Do you think the jury believed me?" Linda asked.

"I think they believed everything they heard," Jarrod said, "and that they will believe you have the stronger case."

"You know what, though?" Linda said. "I've seen how the court of public opinion goes. Even if the jury decides not to convict me, a lot of people in Stockton will still believe I out and out murdered Adam. And I swear, Jarrod, I didn't. Everything I told you, everything I testified to was the truth."

"I believe you," Jarrod said.

"And I'm so grateful. No matter what the jury decides, I'm grateful. I just – "

She started crying harder. Jarrod recognized a lot of it was in relief that her testimony was over, even if the trial wasn't.

She finally sobbed, "I just want Adam back again."

Jarrod held her closer. He couldn't help thinking about Beth. "I understand," he said.