Fatal Flaw Part 32

"Thank you, Ms. Prouix. That is so kind."

"All right, Mr. Carl?" she said. "Are you ready?"

"Do you miss her?" I said. "Do you miss your sister?"

There was a pause, where she seemed to carefully, willfully, compose her face into a smile. "How could I?" she said finally. "I never had the chance. She's in me, she always has been. She makes me strong. I've never been lonely a day in my life, because she is in me. I can feel her breath in my breath, her touch in my touch. When I look into a mirror, I see two faces. When I speak, I hear two voices. If it is all right, Mr. Carl, I like to start at the introduction. There are many clues there, I think." She opened the book. "Here we are. Are you ready?"

I glanced at t.i.tus and then nodded into her kind, smiling face.

She began to read.

I nodded again and kept nodding as she read on and on.

There is something about a Southern accent that sends a comforting signal of a.s.surance. The certainty in Roylynn Prouix's voice itself told me how important this all was to her, how surely she held to the belief that the answers to everything that had plagued her soul, and her sister's, were somewhere contained in that battered black book. So I nodded and stopped fighting it and let the syrup of her voice slip over me. I followed her through the words and the pages, I followed her through the simple equations and complex concepts, I followed her until we both were released from the bindings of gravity and flew free from this earth, this solar system, flew side by side past planets spinning and stars forming and stars collapsing and galaxies spiraling around great ma.s.sive centers, past black holes glowing white-hot against all expectation, past all the strange, gorgeous phenomena, of which man can only as yet dream, toward the far far edges of the universe.

"ANYTHING?" SAID Skink when I met him in the lobby after t.i.tus had come to take Roylynn away. Skink when I met him in the lobby after t.i.tus had come to take Roylynn away.

"No."

"What was she, Looney Tunes?"

"You could say that."

"What the h.e.l.l you think you was going to get in a place like this?"

"I don't know. Something else. It's time to go home."

"Giving up, are we?"

"I've got a trial to prepare for."

"You still going to defend him after finding nothing?"

"Yes. He didn't do it, I'm sure of it now."

"You ain't convinced me yet."

"I don't have to convince you. There are only twelve that I care about."

"You're disappointing me, Vic. I thought if we found nothing, you'd go back to your original plan."

"It was a bad plan, flawed from the start. There's only one way to handle something like this. Straight up to the end. That's how I mean to play it."

"I didn't think you'd find a frigging thing down here, but I'll admit I'm a little disappointed it turns out I was right. It would have been nice to see things tidied all neat and clean, would have been nice to dig into the past to find our villain. But that ain't the way of it, is it, Vic? Things never do tidy up all neat and clean."

"I suppose not," I said. But even as I was saying it, I didn't believe it to be the truth. Even as I was saying it, I was remembering the strange interstellar journey I had just taken with Roylynn Prouix only a few moments before. And I couldn't help thinking that somewhere, out there, in the far reaches of the universe, somewhere in the great black s.p.a.ce that I had traversed with Roylynn, somewhere lay the unified theory I was looking for, the theory that tied two victims, two murders, two mysteries together into one brutal solution.

Part Five

The Quarry

37.

"IT WAS a quiet, rain-swept night on Raven Hill Road," said prosecutor Troy Jefferson in his smooth prosecutor's voice. "The kids were asleep, the cars were parked in the driveways and by the curb, the houses were dark. Everything was locked up tight, safe and sound. An unlikely night for-" a quiet, rain-swept night on Raven Hill Road," said prosecutor Troy Jefferson in his smooth prosecutor's voice. "The kids were asleep, the cars were parked in the driveways and by the curb, the houses were dark. Everything was locked up tight, safe and sound. An unlikely night for-"

"Objection, Your Honor."

I was standing at the defense table, Guy Forrest sitting to my left and Beth, with a white plaster cast on her wrist, sitting to his. Judge Tifaro peered over her half gla.s.ses at me. The eyegla.s.s chains hanging from her temples gave her pique a schoolmarmish edge. "We're only on the fourth sentence of Mr. Jefferson's opening, Counselor. Don't you think your objection is a bit premature?"

"Mr. Jefferson is implying that all the houses were locked up tight on Raven Hill Road the night of the murder, when he knows full well that there is no evidence that Miss Prouix's house was locked at all. When he knows full well there is no evidence to disprove the possibility that anyone could have strolled inside that house at any time for any purpose, whether-"

"Mr. Carl, that's enough. You'll have your turn to discuss any failures of proof in your closing. Objection overruled."

"Thank you, Your Honor," I said as I sat back down in my seat.

"Let me start again," said Jefferson, smirking at me before turning back to the jury. "It was a quiet, rain-swept night on Raven Hill Road. The kids were asleep, the cars were parked in the driveways and by the curb, the houses were dark. Everything was locked up tight, safe and sound. An unlikely night-"

"Objection, Your Honor. He did it again."

"Mr. Carl, I overruled the objection. Mr. Jefferson can say what he pleases. Sit down."

"Thank you, Your Honor." I sat.

"An unlikely night," said Jefferson hurriedly, "for murder."

"Objection, Your Honor."

"Oh, please," moaned Troy Jefferson, spinning around to give me the eye.

"Mr. Carl?" said the judge, unable to conceal her exasperation.

"Whether or not there was a murder is a legal conclusion for the jury to decide after receiving your instructions. Mr. Jefferson can argue facts here, but an opening is not the time to throw all kinds of technical legal terms at the jury in the hopes of pushing them at this early stage to some legal conclusion that might not be warranted by-"

"Overruled," said the judge. "Murder is the charge, and so he can use the word. Sit down, Mr. Carl. I've had enough out of you already and we're only"-she glanced at her watch-"three minutes into the proceeding. I fear this is going to one be of those trials, so let make myself clear, Mr. Carl. I don't want you interrupting Mr. Jefferson's opening again. I don't want to hear your voice even if the building is on fire and you are the first to see the flames. Do you understand?"

"Yes, Your Honor. Thank you, Your Honor."

"Don't thank me when I slap you down, Mr. Carl. It puts me in a foul mood. And, Mr. Jefferson, when Mr. Carl is giving his opening, I certainly hope you show him more respect than he has shown to you."

"I certainly hope so, too, Your Honor," I said.

The jury laughed at that one, which I appreciated. I smiled as I nodded their way. Some smiled back.

"Thank you, Your Honor," I said, to a few more chuckles.

Troy Jefferson glared at me before turning around and beginning again, but with his back now slightly hunched, as if antic.i.p.ating the next interruption, and without the same lovely a.s.surance in his voice.

G.o.d, I loved the courtroom.

I was in a strange, unsettled place just then, confused as to what had really happened or why to Hailey Prouix, confused by what I had learned in West Virginia, uncertain about who had done what to whom, certain only that the man I was defending was in a harder place than he should have been because I had screwed up in every which way. I was holding tight to a series of secrets that could destroy me and my client. I was keeping facts from Beth, my partner and best friend. I was playing a dangerous game. And yet, with all that, I still felt comfortable in that court of law, and the reason wasn't too hard to fathom.

My life to that point had been pretty much an unmitigated failure. I had little money, less love, a few good friends that I could count on, but only a few, and a career that, despite its evident lack of financial rewards, had somehow veered out of my control. My last romantic relationship fitted the pattern of all those that preceded it, a twisted affair that ended badly, although this ending seemed to rise to a new and unprecedented level, seeing how it ended in death. No, the whole my-life situation was pretty dim. Somehow, after all this time, I still had not figured out the rules. Where was the rule book? I needed a rule book. I thought that graduating from college would do it, turn my life into something lovely and joyful and successful, but, no, it did not. Then I thought that getting into law school would do it, and then I thought that pa.s.sing the bar would do it, and then I thought that surviving in my own practice for more than five years would do it. Wrong, wrong, and wrong again. I didn't have the least notion of what was really going on. Others knew, others with fancy cars and big houses and lovely spouses and bushels of children, they knew how to play the game and come out winners. How did they get hold of the rule book while my hands still were empty?

But in court there was no such problem. Here there actually was a rule book, the Pennsylvania Code, and it contained between the many covers of its many volumes the rules of evidence and the rules of trial practice and the rules of criminal procedure and that great guidebook of human behavior, the penal code. In the course of my career I had spent enough time elbow deep in the law to learn these rules cold. And the other rules, too, the rules of dealing with your adversary, relating to the jury, bolstering your witnesses during direct examination, destroying their witnesses on cross. Outside the courtroom I was lost, inside I was slick. I'm not bragging, there were thousands just like me, it seemed to be an epidemic, lawyers helpless outside the courtroom while eagles within, and I don't claim to have been the best, or even close. Sometimes I would see a master go through the paces and grow sick with jealousy. So, no, I was not the best, but what I did best I did in the courtroom. It was the only place where I understood the rules.

So, in order to keep within the new rules laid out by Judge Tifaro, I spent the rest of Jefferson's opening restraining myself from objecting at every other word. It was seemingly a difficult task, I was halfway to standing many times until I openly noticed the judge's displeasure and meekly returned to my seat. I must have been a sight, squirming in the chair as I restrained myself, I must have been something to behold, and I know this because of the expressions on the faces of the jury members as they were beholding me, even as Troy Jefferson tried to continue.

It was a good opening, I must admit, laying out the facts that he would prove against Guy Forrest with a devastating simplicity. Motive. Guy and the victim had been involved with a fraud in the Juan Gonzalez case. Hailey had turned on him by stealing most of the money from their joint account and then sleeping with another man. Guy had every reason to be furious at her, murderously angry. And it showed. The night of her death Hailey Prouix had been hit in the eye before being shot to death. Opportunity. Guy was the only one we knew to have been in the house with the victim on the night of the murder. Means. Guy's fingerprints were on his gun, his gun, which the forensic evidence would prove had fired the bullet into Hailey Prouix's heart. And then there were those little factual touches that, like accent pillows on a couch, add so much. Instead of calling 911 for an ambulance after the shooting, Guy had called his lawyer. And after the cops came, Guy tried to run away with a boatload of cash and a bottle of v.i.a.g.r.a in his suitcase. Oh, the facts were clearly on Jefferson's side, and his opening would have been strong enough to clasp the iron shackles upon Guy Forrest's legs on its own if the jury hadn't been concentrating so much on my valiant efforts to restrain myself. In fact, it got to the point where I didn't even have to squirm like a snake to get their attention. Jefferson would make a point, the jury would glance my way, I would raise an eyebrow, and they would understand to take what had just been said with a jaundiced eye.

"MR. CARL," said Judge Tifaro, gesturing me to a s.p.a.ce in front of the jury after Troy Jefferson had retaken his seat. "Don't make us wait." said Judge Tifaro, gesturing me to a s.p.a.ce in front of the jury after Troy Jefferson had retaken his seat. "Don't make us wait."

Still in my chair behind the defense table, I patted Guy on the shoulder of his gray suit and then squeezed his arm in solidarity. "My name is Victor Carl," I said. "This is my client, Guy Forrest. Mr. Jefferson over there is trying to kill him, which is a serious thing. What, then, is Guy's serious crime? Mr. Jefferson says it is murder, but he is wrong. Guy didn't kill Hailey Prouix. Someone else did. Someone came into the house and walked up the stairs and shot Hailey Prouix dead while Guy was in the Jacuzzi with its whirlpools noisily whirling, wearing a set of headphones, listening to Louis Armstrong blow his cornet. That is what happened, no matter how strange it might sound. The police when they came found the Jacuzzi full, the Walkman by the side of the tub, the CD loaded and primed with Satchmo's lovely horn. When they checked Guy's hands the night of the murder, there was no evidence that he had fired a gun, because he hadn't. He was listening to Louis Armstrong, and when he came out of the bath, he found Hailey Prouix dead. He didn't do it. So why is Guy on trial? What is his crime, really?" I stood, stepped behind Guy, put a hand on each shoulder. "His crime here, the serious transgression for which they are putting him on trial for his life, is that he fell in love."

I walked slowly now as I spoke, moved toward the jury until I was standing right beside their box, close enough so I could reach out and anoint the foreheads of each of those in the front row.

"Guy had a life we all could wish for. A lovely wife, two children, a house, a big house, a job with a law firm that paid well and would pay far better when he made partner, which was a lock, believe me. It was a lock because the person making the partnership decision was his father-in-law, Jonah Peale, as you will learn when Mr. Peale testifies in this courtroom for the prosecution. Guy had a life we all could wish for, but he gave it up. Why? Mr. Jefferson will claim he gave it up for money, but don't you believe it. Prosecutors are paid less than they are worth and so they always think that money is at the root of everything, but not in this case, ladies and gentlemen. Whatever Guy Forrest did or didn't do, it had nothing to do with money. The evidence will show that Guy was in line to make millions and he gave it up, and when you see that, you will know better than to think it was money that motivated him. Instead he sacrificed his wonderful life, tossed aside everything he had, for love.

"Hailey Prouix was beautiful, smart, sad, alluring. Hailey Prouix was a siren calling Guy away from his comfortable life into the unpredictable waters of love, and he couldn't help himself. He abandoned his wife, his children, his job, his future, his very integrity-abandoned it all for her. Abandoned it all for love. I'm not saying he was right to desert his family and sully his profession-you have every right to condemn what he did, and he'll have to suffer the consequences for the rest of his life-but he did it for love, and love, at least in this state, is not a hanging offense.

"Now, you've already heard tell of the Juan Gonzalez case, as if that will prove that Guy killed Hailey Prouix. Let me tell you now that it will prove nothing. Juan Gonzalez, a poor man with a family to support, had entered the hospital for a simple operation and ended up in an irreversible coma. Hailey Prouix represented the Gonzalez family, seeking compensation. Guy Forrest represented the doctor and the insurance company, seeking to avoid paying the family for the disastrous result. There was a file that showed that Mr. Gonzalez had a preexisting condition and which might have won the case for Guy's clients, but Guy buried the file so that the family of Juan Gonzalez could get some money and so that Hailey Prouix, his love, could get some money, too.

"It was wrong what he did, I'm not defending it, but don't think he did it for the money. If he was thinking only of the money, he would have stayed married to Jonah Peale's daughter and become a partner in Jonah Peale's firm and stood in line to inherit Jonah Peale's fortune and ended up with more money than he could ever have spent. No, we can only imagine why Hailey Prouix got involved with Guy Forrest, we can only imagine as to her motivations, but when you hear the evidence, you will have no doubt as to what motivated Guy Forrest. He buried that file, failed his responsibilities to his clients and the law, stepped over the line for love. What he did was wrong, and maybe it was a crime, a crime for love, and maybe for that he should be tried. But he didn't bury that file for the money, and when Mr. Jefferson says he later killed his love for that same money, you will know he is wrong.

"And you heard Mr. Jefferson tell you that Hailey Prouix had another lover and that might be why Guy killed her. You would think Mr. Jefferson could figure out whether it was the one or the other, but that is what he has come up with. And the evidence will show how Mr. Jefferson discovered that fact of Hailey Prouix's lover, by reaching deep within Hailey Prouix's body and pulling out evidence, by testing that evidence with the most advanced scientific techniques, by comparing that DNA with Guy's own and showing that the complex DNA strands do not match. We will have no dispute with the accuracy of that test, but only with the idea that Guy Forrest could have conducted the same intricate scientific tests to learn that truth. It seems ridiculous, doesn't it? But Mr. Jefferson will rely on such an idea to show motive when there will be not a shred of evidence that Guy knew of this other lover.

"Mr. Jefferson a.s.sumes that Hailey was leaving Guy for this other man and that was why he hit her first and then killed her. But all we know for sure is that Guy and Hailey were living together, were engaged to be married, were planning for a future as man and wife. They were going to Costa Rica for a lovers' vacation. You will see the plane tickets in their names. Tell me, ladies and gentlemen, who was Hailey Prouix leaving for whom? You could equally a.s.sume the opposite of what Mr. Jefferson claims, that she was leaving this other lover for Guy and that was why the other man hit her when she told him it was over and then later killed her. The coroner will not be able to place exactly the time of the blow that caused the bruise. It happened before the killing, but we don't know for sure how far before, we don't know if it happened, maybe, at the time of the tryst with her lover earlier in the day when, maybe, she said good-bye and he lost control. And when you see Guy's name on the ticket to Costa Rica, maybe you will consider this possibility more likely.

"So maybe, possibly, probably it was this other lover that killed her. Now, ladies and gentlemen, you should be asking yourselves, what will you learn during the trial about this other lover other than his existence, which is beyond dispute? Will you learn who he was? No. Will you learn whether or not Hailey had given him the key to her house? No. Whether or not Hailey had shown him the location of the gun during one of their trysts? No. Whether or not he was murderously angry at Hailey Prouix for leaving him? No. Whether he has an alibi for the night of the killing? No. Whether he was, instead, lurking alone outside the house, waiting until his anger forced him through the door to the hidden location of the gun and then up the stairs, into that bedroom where he shot the woman he loved with a dangerous obsession, the woman who was abandoning him to his cold, cruel loneliness, shot her through the heart? Watch as this trial unfolds, and see if any of those answers are provided, and wonder why not.

"And ask yourselves about the mysterious patch of wet carpet found by the police beside the front door, and wonder who it was that came from outside and left something there, an umbrella, his boots, something, when we know for sure it wouldn't have been Guy. And ask yourselves about the strange man in black rushing out of Hailey Prouix's house the night after the murder, when Guy Forrest was already in police custody.

"This is what I believe the evidence will show. The evidence will show that Guy had no motive, but that another might have. The evidence will show the possibility that another had opportunity and access to the means to commit this crime. The evidence will show that the prosecution brought this case before they found the evidence needed to answer the crucial questions I have just raised, because they thought they had discovered the ultimate answer. They have accused Guy Forrest of killing Hailey Prouix because his is the only name they could come up with and the link between Guy and Hailey was powerful and undeniable. Love. He loved her. He had given up everything for her. That is why he is on trial today, because of that love.

"And so this is, finally, what I want you to ask yourselves, ladies and gentlemen: Whenever did love become a crime?"

38.

WE STOOD as the jury was let out for the day, remained standing as Judge Tifaro followed. I put my arm around Guy's back, squeezed his shoulder, said a few encouraging words before the bailiff led him away for transport back to the county jail. So it was just Beth and me at the defense table as I packed up my notebooks, my folders, my omnipresent yellow pads, when something banged hard onto the wooden tabletop beside me. as the jury was let out for the day, remained standing as Judge Tifaro followed. I put my arm around Guy's back, squeezed his shoulder, said a few encouraging words before the bailiff led him away for transport back to the county jail. So it was just Beth and me at the defense table as I packed up my notebooks, my folders, my omnipresent yellow pads, when something banged hard onto the wooden tabletop beside me.

Startled, I turned to find a large brown briefcase and holding on to it a grinning Troy Jefferson.

"That was pretty good," he said, "that song and dance of yours."

"Thank you."

"You should have lowered your voice and done a Barry White. I can hear him singing it: 'Whenever did love become a crime?' But it's not going to fly. Doesn't matter where you try to point the finger, the fingerprints on the gun are Guy's."

"We'll get to that in the course of the trial."

"I had thought blaming the lover might be your strategy, as good as any, but I didn't think you'd be so foolish as to spout it in the opening when any day, any minute he could walk right into the courtroom."

"Well, there you go, that's what we are, Beth and I, a couple of fools."

"You blaming him in the opening, getting it into all the papers, might just force his hand. And it certainly forced mine. We're twenty-four/sevening the search for the missing man."

"Maybe you should have twenty-four/sevened it before you swore in the jury."

"Oh, we'll find him and his alibi. The detectives p.i.s.sed and moaned about the overtime, but they've already got leads."

"Speaking of the detectives, I saw Stone at the table, but not our good friend Breger."

"He took a jaunt."

"Anyplace interesting?"

"Vegas."

"Gambling?"

"No. But before he left, he told me he still had some questions about that night of the murder. Once again he asked if you would consent to allow us to examine your phone logs for that night."

"And once again I refuse," I said. "Attorney-client privilege. And I don't think the judge will set the precedent of allowing you to rummage around the phone records of the defense attorney after a trial starts."

"Maybe not, but not every defense lawyer is called just moments after a murder. I suppose we'll just have to see." He opened his briefcase, took out a blue-backed motion, tossed it onto the table before me. "I've been holding this for a while, but I think it's too hot to hold on to any longer. I'll be filing it before we leave the courthouse. I expect she'll rule tomorrow."