TRIALS OF THE HEART - PART SIXTEEN

PREVIOUSLY

"I've been looking all over for you, Tea," she said, looking annoyed. "Sam is unreachable until the morning while he's practicing his summation, so I'll just have to make do with you." She ignored the other woman's distressed state as she pulled a notebook out of her purse. "Take a look at this," she said, sliding it across the table.

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Todd shuffled along the underground passageway linking the police station and courthouse. True to his word, the commissioner had imposed heavy security, and there were four policemen guarding him. He was wearing one of his Italian suits, but strapped around his waist was a wide leather belt to which both his wrists were attached by a short length of chain. A metal loop at the front tethered the leg irons binding his ankles. It was beyond humiliating, but strangely enough, it almost didn't bother him. He felt like a patient suffering from a terminal illness-tormented, but comforted by the thought that it was almost over.

Denial, anger, he had felt it all during his ordeal, but now he had reached the stage of acceptance. There was a great peace in knowing that there was nothing more that anyone could do to hurt him. The prisoner and his keepers took an elevator up several floors and emerged into a well-lit corridor. As they moved toward the courtroom, they passed a row of windows, and Todd caught enticing glimpses of blue sky and fluffy clouds. Wistfully, he hoped that he might get to feel the sun's warmth again before his self-imposed execution. The beating he had received the night before left no doubt in his mind that he could provoke the cops into using lethal force. A mad dash for freedom, a grab for a weapon, a refusal to freeze when ordered, and it would quickly be over for him. One thing was for certain, though: he couldn't do it until he had seen Starr. He was determined to leave her knowing that she had the love of her father-something he had never had himself. As for his wife, he deeply regretted the way things had ended for them. It would have meant something to him to leave this world knowing he still had her love, but it was easier for her if she hated his guts.

The little group entered the courtroom through the familiar door and Todd felt a pang of disappointment as he saw Sam Rappaport sitting at the defense table-alone. The attorney was engrossed in some notes he was studying and didn't look up until Todd was shoved into a chair and the guards began fettering him to a bracket under the table. "Wait a minute!" he said, shocked. "What do you think you're doing?" Bo Buchanan had walked up behind them.

"I'm afraid your client had a little self-control problem last night, Rappaport," he said. "We have to take drastic measures to ensure everyone's safety."

"He's been beaten!" shouted Sam angrily. He turned toward Bo, his eyes ablaze with fury. "Is this a police force, Commissioner, or the Gestapo? How dare you do that to him!" Todd stared straight ahead as though he hadn't a care in the world. "The jury gets this case today and I'll be damned if they're going to see my client chained up like an animal!"

Hank Gannon gestured to Bo, who joined him on the prosecution side of the courtroom. "Look, Bo," he said softly, "this case is a slam dunk for me, and I don't want to give them any more reasons to cry foul."

Bo shook his head in disgust, but ordered his officers to release the prisoner from his bonds. They were beginning the elaborate process of removing the restraints when Blair came running into the courtroom holding a file folder. She was clearly agitated as she confronted Sam.

"Where's Tea?" she asked nervously.

Sam shrugged. "I haven't heard from her since I got back to town this morning. What gives?"

"Sam, you have got to stall things until Tea gets here. Trust me, it's very important!"

"Blair, I can't just tell the judge to delay things for no good reason."

"There is a good reason, Sam! My little girl's future happiness depends on this. Please!"

Before Sam could respond, the bailiff called for everyone to rise, and court was in session. "I trust everyone is prepared to give closing arguments," began the judge.

Frowning at Blair, Sam asked the judge to delay until his colleague Counselor Delgado could be present. But Judge Fitzwater was anxious to move things along. When Sam couldn't give a good reason for waiting, she said, "Mr. Rappaport, I will not tolerate any more games in my courtroom." Turning to Hank, she asked if he was prepared to give his summation.

"Your Honor, wait!" shouted Tea from the back of the courtroom. She walked quickly to the front, sparing a cold glance for her former roommate, Rachel Gannon, who was sitting with her mother. Stopping by Blair's seat, she asked anxiously, "Do you have it?" Blair handed her the file folder and she proceeded to the bench. The young attorney had obviously been in a rush to get there. She had done a very quick job of grooming, since her hair was still wet in places and her make-up job was perfunctory at best. She buttoned the jacket of her medium blue suit as she walked forward.

The judge narrowed her eyes. "Ms. Delgado, this is highly irregular."

"I know, and I apologize, Your Honor. I'd like to re-open the case for the defense. Some new information has come to light over night." An excited buzz filled the courtroom.

"Absolutely not! The defense has rested. We will hear closing arguments today."

"Please, Your Honor!" begged Tea. "A man's life is at stake! I promise you this is no stunt."

"Mr. Rappaport?" asked the judge in exasperation.

Sam quickly covered the fact that he had no idea what Tea was up to. "These new facts are vital to our case, Your Honor," he said, looking sincere.

"You can't be seriously considering this, Your Honor," complained Hank. "The defense is desperate for anything to delay the inevitable." The judge studied Tea's face carefully.

"I'm going to allow it," she said skeptically. "But this better be on the level, Counselor, or you'll regret it!"

"Thank you, Your Honor," said Tea.

As they walked back to the defense table, Sam spoke softly out of the side of his mouth. "Please tell me I didn't just blow my whole career."

"I'm sorry to surprise you like this, Sam, but I couldn't reach you and there was no time."

"I trust you," he said.

"It's nice that someone does," she said with an edge to her voice, taking a quick glance at Todd. She moved to the defense table and slapped down her briefcase. Although she was facing her husband and just inches away, she studiously avoided looking at him as she checked the papers in the file. Todd stared at her intensely, secretly marveling at her natural beauty, and grateful to see her again.

As Tea moved toward the center of the courtroom, Todd leaned over and spoke to Sam. "What's this about, Coach?"

"I'm not sure, Pal," he answered, "but I think it's something like the 'Hail Mary' play we did in the championship game."

"I'd like to recall one of the prosecution's witnesses to the stand," said Tea to the judge. "The defense calls Rachel Gannon."

"I object," said Hank, jumping to his feet. "This witness has no new information!" Several rows back, Nora Buchanan and Rachel exchanged nervous glances.

"The defense has the right to recall any witness," said the judge. "Ms. Gannon, kindly take the stand, please." Rachel gave her mother a pleading look and Nora rose to her feet.

"Your Honor, my daughter…my client can't possibly testify today. She's had no time to prepare and she is in poor health…"

"Mrs. Buchanan!" said the judge with barely concealed disgust, "I don't believe you are an attorney in this case. Ms. Gannon seems fine to me, and as you know, the law compels her to testify when called, whether she's had prior warning or not. The witness will take the stand." Rachel slowly rose to her feet. Nora whispered some quick instructions in her ear before she slowly made her way to the witness stand. The judge reminded her she was still under oath. "Proceed, Ms. Delgado," said the judge.

Tea moved in front of her friend, flipping through a heavy bound document. "Referring to your prior testimony, you claim to have been at home alone the night of the murder. Is that correct?"

Rachel leaned forward to the microphone. "No, I was with my roommate Georgie until we had an argument and she left to the lodge."

Tea nodded her head. "But did anyone else visit you after Ms. Phillips left the premises?" Rachel stared at her a moment, then answered no. Tea returned triumphantly from the defense table with another document in her hand. "Do you know a Wendy Mercury?"

Warily, Rachel answered, "Yes, she was a bartender in my uncle's jazz club until he was forced to close it."

"Did she visit you the night of the murder after your roommate left?" Rachel's eyes shifted from side to side nervously. She hesitated, then answered no in a low voice. Tea didn't miss a beat. Looking at the paper in her hands she said, "Your Honor, the defense intends to call Ms. Mercury to the stand as soon as she can travel here from New York City, and I believe she will provide contrasting testimony on this point." She looked again at the witness. "Of course, perhaps Ms. Gannon has had a chance to think about it and wishes to change her testimony?"

Rachel glared at her. "Uh…yeah. I had forgotten about that. Wendy did drop by my place to pick up some of her stuff she had left there." Intrigued murmurs could be heard from the crowd. Hank stared intensely at his daughter, frowning. Bo glanced back at his wife Nora and began to get a sinking feeling in his chest.

Tea smirked, pulling nervously on the double "T" necklace she wore around her neck. "How had Ms. Mercury traveled from New York City to Llanview?"

"I don't remember." Rachel watched as Tea pulled out another sheet of paper then said, "Oh, I think she drove her new boss's car."

"Rachel, isn't it true that you borrowed that car from her? Weren't you gone for about two hours?" The spectators chattered excitedly and the judge was forced to call for order. When the witness hesitated again, Tea said, "We can wait for Ms. Mercury's testimony, if you insist on…"

"Yes!" shouted Rachel. "I asked to use her car to run a few errands, since mine was in the shop."

"And what make and model were this car you borrowed?" asked Tea.

"I don't recall….it was a dark color." Tea fished through her file.

"Your Honor, I'd like to put into evidence this copy of a vehicle registration. It's a sports car registered to a Mr. Johnny Vitali, currently the owner of The Blue Fox Jazz Club in New York City. Please note: Year: 1998. Color: Black. Model: Carrera Coupe. Make………Porsche." Sam and Todd exchanged startled glances during the uproar that followed. Seeing Todd tense to stand up, Sam quickly pulled him into his seat.

"Just keep it together, Boomer. Let Tea run with it." Todd glared at Rachel in the witness box.

"Is this the vehicle you were driving, Ms. Gannon?" asked Tea.

Sweat beaded Rachel's upper lip and forehead. "Yes." Tea proceeded to have the court reporter read back the testimony of a previous witness; the woman who had seen a black Porsche parked in the woods the night of the murder. Rachel and Nora locked eyes across the courtroom. Nora shook her head slightly. Over at the prosecution table, Hank was beginning to feel sick to his stomach.

"Ms. Gannon, was the car the witness saw that night the same Porsche you were driving? Did you go to the Buchanan lodge that night?" You could hear a pin drop throughout the courtroom as everyone waited for the answer.

"No!" answered Rachel forcefully. Nora sat back in her seat with her eyes shut tightly. Bo watched her, wanting to go to her and hold her close, despite everything they had been through in the last months. Nora opened her eyes and smiled encouragement at her daughter.

"She's lying, Coach!" whispered Todd loudly. "She's lying!"

"Hold on Boomer. Tea will get to the bottom of it," said the attorney.

Tea had been flipping through some papers from the file Blair had given her while the judge had restored order. She seemed totally unconcerned as she returned to the witness box. "I have here a copy of your credit card statement for April. It shows that you purchased gas at 9:25pm on the night of the murder at a station less than 5 miles from the lodge."

"I don't believe it!" said Viki in amazement while the rest of the audience made similar remarks.

"Believe it, Viki," said Blair with a triumphant smirk. She was pleased that Rachel had used her credit card to pay for the car repair, allowing her to get the number off the invoice she had found in Bo's secret file.

Tea moved closer to the witness, pulling heavily on her necklace. In a quiet voice she asked, "You did park the Porsche in the woods that night, didn't you Rachel?"

Rachel was starting to shake uncontrollably. "Yes," she said in a weak voice. "Georgie had gone berserk and beaten me with a telephone before she left. My mom was headed up to the lodge and I was terrified that Georgie would do something to hurt her. When Wendy dropped by, I couldn't resist the chance to make sure my mother was OK."

"And why did you park in the woods instead of at the lodge?"

"I didn't want Georgie to see me. I peeked in the windows and I didn't see anything, so I was going to leave. But…."

"But what?"

"But then I saw some furniture knocked over, and some cards were spilled on the floor. A struggle had gone on and I went into the lodge to be sure my mom was all right." Rachel trembled.

"Did you see Georgie Phillips there?" Rachel squeezed her eyes tightly shut.

"Yes." The judge hammered her gavel to silence the spectators.

"Was she alive or dead?"

"Sh….she was alive," said Rachel quietly.

"What happened then?" asked Tea.

Rachel caught her mother's intense gaze upon her. "I….I don't remember," she said, shaking.

Tea moved up until she and Rachel were just inches apart. "I think you do, Rachel," she said quietly.

Rachel covered her face with her hands and began sobbing. Hank pulled out of his lethargy long enough to voice an objection, but the judge silenced him firmly.

"Rachel, please tell us the truth," said Tea sympathetically. "Did you kill Georgie?" The courtroom was filled with the uncontrolled weeping of the witness.

"No….no…" said Rachel, shaking her head back and forth. Tea pulled away slightly.

"Did Georgie attack you again? Was she violent?"

"She…she picked up a poker," sobbed Rachel.

"So she tried to hit you?" Rachel looked up, her face a complete mess.

"She was coming after me, calling me a spoiled brat. When I asked for my mom, Georgie said she had 'taken care' of her." The witness shuddered with the memory.

"You had to defend yourself…" prompted Tea gently. Rachel looked back and forth between her parents. Hank was staring into space, looking positively miserable. Nora had her gaze locked onto Rachel. She was mouthing "no" repeatedly.

Rachel collapsed her head onto her forearms and began sobbing again. "I can't…I just can't do it anymore!" she wailed. Tea waited her out, feeling tears beginning to prick at her own eyes. "I can't keep pretending it didn't happen!"

Tea swallowed hard. "Pretending what didn't happen, Rachel?" Suddenly, the catch gave way on her necklace and it came away in her hand. She balled up the chain and held it tightly in her fist.

Rachel's head snapped up. She looked one last time at her mother, then squeezed her eyes shut and shook her head violently. She spoke in a lifeless monotone. "Georgie kept coming, even though I told her to stay back. She…she said some awful things about me, my mother and Bo. She held up the poker." Rachel opened her eyes and stared intently at her friend. "I thought she was going to kill me, Tea!" she shouted, full of emotion. "I swear I thought she'd kill me!" Tea nodded her head in encouragement, and wiped away a tear she felt at the corner of her eye. Rachel sighed deeply. "I reached behind me and grabbed something. I didn't know it was a baseball bat! I just swung it with all my might, and….and…." The whole courtroom was frozen with shock. Rachel whimpered in desolation. "Georgie fell down…there was blood….I killed her!" screamed Rachel. "I killed Georgie Phillips with a baseball bat."

Pandemonium broke out as reporters raced for the exit, people exclaimed loudly and the judge beat her gavel violently. Todd put his head down on the table a moment, then looked up at the ceiling, almost unable to deal with the conflicting emotions coursing through him at the moment. Sam put an arm around his shoulders, and reached up with his other hand to quickly wipe away a tear from his own eye. Todd could hear Viki blowing her nose behind him. Hank Gannon was slumped at the prosecution table, a hand shielding his eyes. Nora stared intently at her daughter on the stand. "No….no" she mouthed silently. Suddenly, Bo Buchanan was in the empty seat next to her. Nora looked at his kind eyes. "Oh, Bo," she wailed, and collapsed into his arms. He held her tightly as she cried, feeling moisture on his own face. At the front of the courtroom, Tea hung onto the witness box with both hands, fearing that her legs wouldn't support her. Her friend was dissolved in uncontrolled tears, mumbling and shaking her head.

"No further questions, Your Honor," said Tea in a shaky voice. She walked back to the defense table, hoping no one could tell that her legs felt like Jell-O. The double "T" necklace slid toward her husband as she carelessly tossed it away. As she straightened and closed her briefcase, Todd reached out and grabbed her right hand. She pulled it away violently. "Don't touch me," she hissed, tears on her cheeks. Todd looked stricken as she marched purposefully out the little gate and down the aisle to the main door of the courtroom. His eyes were full of pain as they watched her slip away.

"Mr. Gannon," prompted the judge gently. "Do you have any questions for this witness?" The DA looked up, a bereft expression on his face.

"I…I don't know, Your Honor," he said with a catch in his voice.

Sam was on his feet. "Motion to dismiss, Your Honor," he said forcefully.

Judge Fitzwater rubbed her eyes in fatigue and looked down at Rachel, who was still sobbing in the witness box. She sighed heavily. "I want to give the prosecution time to deal with this, Mr. Rappaport," she said wearily. "However, I will give your motion serious consideration in light of Ms. Gannon's testimony. Put it in writing and have it on my desk by 9:00am. Mr. Gannon, I'll expect to see any arguments against the motion at that time. Look for a ruling by 11:00. I think it's fair to say you can expect me to look favorably on the defense at this point, Mr. Rappaport." Sam nodded his head as the judge adjourned for the day and left the bench.

At the sound of the gavel, Todd was on his feet as he made to rush out the barrier and down the main aisle of the courtroom. But his four guards had their hands on him before he even got close. He struggled violently in their grasp. "You morons!" he growled. "Didn't you hear her? I'm an innocent man! Let me go!" Looking concerned, Sam quickly stepped in front of Todd and fought to get his attention.

"Boomer, listen to me! One more night, I promise you! Just one more night and you'll be free!"

"But Sam, now everyone knows I didn't do it!"

"I know, Pal, but you have to be cleared legally in a court of law. Tomorrow, for sure you'll walk out of here. But now you have to go back or they'll charge you with escape."

Todd looked near tears. "You don't understand, Coach. I have to find Tea. I said some things….I really blew it! I've got to talk to her!" He fought again with his captors.

"I'll find her! I'll bring her to you!" soothed Sam. "Just don't give them a reason to hurt you again!" he pleaded.

Todd put his head down in defeat and relaxed his muscles, allowing the policemen to pull first one, and then the other hand behind him and cuff them together in the small of his back. They marched him to the door at the front of the courtroom. He glanced wistfully one more time toward the main door of the courtroom before he disappeared from view.

As soon as that threat was removed, Nora jumped to her feet and attempted to run to her daughter, who was now crying in her father's arms. She was horrified to see that Sam Rappaport blocked her way. His eyes were as blue as a glacier, and just as cold. "We have to talk, Counselor," he said in freezing tones.

"Sam, I was protecting my client! Surely you understand…"

"Cut the crap, Nora" he spit. "You weren't acting like a world class attorney, you were acting like a frightened mother." His eyes narrowed. "Something I can relate to very well, since I've just been through the trauma of seeing a man I consider a second son suffer through a false murder rap." His face contorted in pain. "How could you do it, Nora?"

Nora wiped away a tear. "I did it for Rachel! She was confused and scared! She doesn't deserve to have her whole life ruined because of Georgie Phillips!"

"And Todd does?" snapped Sam. "Even though you knew he was innocent?"

"Todd Manning is not innocent!" she shrieked. "So, he didn't do this! But there are dozens of crimes he did do that he's never paid for. He belongs in prison, Sam, not my little Rachel!" Sam stepped forward angrily, but suddenly Bo Buchanan was between him and Nora.

"I think that's enough for today, Counselor," he said in warning. Nora embraced her husband tightly. Sam nodded his head knowingly.

"I couldn't agree more, Commissioner," he said coldly. "Matter of fact, I think it's enough for a lifetime." He returned to the defense table to retrieve his briefcase, then turned toward Nora. "Expect the papers dissolving our partnership as soon as I tie up this case."

Nora opened her mouth in surprise. "Sam….no! We've always worked well together. We can get through this…." Sam shook his head and turned toward Bo.

"She can hide behind attorney-client privilege, Bo. But if I ever find out that you knowingly subverted evidence that could have cleared my client….well, let's just say there won't be enough of you left for Todd to sue. Now if you'll excuse me, I have to go find the woman I intend to make into my new law partner. Good day." Sam passed through the barrier, where he was embraced by Blair and Viki, both of whom looked immensely relieved. Bo watched the three of them leave the courtroom, then turned his attention to the witness box, where Rachel sobbed in the arms of Hank and Nora.

The commissioner walked slowly up to the group, and placed one hand on his wife's shoulder, and the other around his best friend's back. Nora crushed her head to his shoulder, and Hank reached out to grasp his hand, his usually strong face undone by sorrow. "We'll get through this, folks," said Bo quietly. "This is what families are for."

TO BE CONTINUED