A Circumstantial Case

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jake60
jake60
1,100 Followers

[Note- 'What a maroon!' is an expression used by Bugs Bunny in old cartoons. Means fool/idiot/moron. Widely used, in my circle anyway, back in the day.]

Within minutes the two detectives were explaining the evidence they had accumulated to a DA. Even though they didn't have a body, and the evidence was somewhat circumstantial, it didn't take long to convince him that there was enough evidence to warrant charges. A half an hour later both Lisa Evans and Blake Moore were charged with the murder of Mark Evans. Both loudly protested their innocence while they were being read their Miranda rights, but were told that it was now in the hands of the prosecution and the legal system. Neither of them was comforted at all by that information.

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After they were charged, both Lisa and Blake were escorted to the main floor of the police station for fingerprinting and to have their photographs taken with their booking numbers. The instruction that they should not smile for the photos was completely unnecessary, as Blake was displaying an angry scowl the entire time, and Lisa could scarcely cry and smile at the same time.

While they were being taken back to adjacent holding cells, they had their first opportunity to speak to each other since the charges had been laid.

"What are we going to do, Blake? They can't believe that we did something to Mark, can they?" Lisa was still sniffling periodically, but for the most part was beyond that now.

"We'll have to get ourselves lawyers, I guess; unless you'd like to share one with me. That could be cheaper, and since we're both charged with the same thing, it would make some sense I guess. This whole damn situation is totally wrong, though. I just know that Mark has done something to set us up. I think the bastard may have paid to have someone off him, and then leave a trail of bread crumbs for the cops, so that they would charge us." Mark was clearly still very angry.

"You can't really believe that he would do that, do you?" Lisa was displaying shock, bordering on outrage, at the suggestion. "Why would Mark go to the sickening extreme of having himself killed?"

"I don't think you knew your husband as well as you thought, Lisa. I'm totally amazed that he didn't do something drastic to the two of us the same day that he figured out we were having an affair. That's the real mystery to me. I've known Mark for too many years to think he would just let it go this long. If I had thought for one second that he was going to find out about us somehow, there's no way in hell I would've laid a finger on you." He then proceeded to tell her what happened years earlier when he had gone behind Mark's back to mess with his girlfriend.

They were in their holding cells now, separated by a 6 inch concrete block wall, but able to speak to each other easily and freely as each of them were standing at the bars adjacent to the block wall.

"I don't believe that Mark is the type to have actually done anything like that. I don't know how or when he found out either; I never noticed him treat me any differently. He was out-of-town most of the times we met, and we never went anywhere in public together. The couple of times we got together while he was actually in town were the times we were at that little motel on the north side of town," Lisa replied. After some reflection she continued, "I should never have betrayed him. Even if he isn't dead he'll still want a divorce." During the last sentence her voice caught several times, as she was obviously becoming emotional again.

Blake managed to listen to a couple of sniffles before he said, "Geez, Lisa. Give it a break. You must have had some idea of how things would end up if he ever caught us together. Your eyes were open the first time you came to my house and ended up with your legs spread in the middle of my bed."

His words had the desired effect, and her sniffling stopped. A few seconds later she said, in a very quiet voice, "You're right. I can only hope he'll forgive me."

The two of them were quiet for another couple of minutes before Lisa suggested, "I could call Robert Graham, I guess. He was our lawyer, and if he'll represent both of us, we can just split the costs."

They agreed to this proposed legal solution, and a few minutes later, when she was able to get the attention of a passing officer, she was escorted to a small private room that held a telephone and a phone book for her use. Her call to Robert Graham was not as simple as she had expected, as he advised her that since he was already Mark's attorney for a still pending divorce, he would not feel comfortable representing her. He suggested that one of his colleagues, Basil Smith, a lawyer with more experience in criminal cases, would do well as their attorney. She quickly agreed, and it was arranged that their new lawyer would come right over to confer with them.

Blake was happy to hear that the lawyer was on his way, and thanked her for making the call. Both of them retired to the comfort of a wooden bench bolted to the back wall of their respective enclosures, and spent the next hour in their own private thoughts, while they waited. When Basil Smith arrived, they were both escorted to a small room intended for the purpose of lawyer and client meetings.

Basil Smith would fit into anyone's image of a lawyer. He was short, stocky, and with only a fringe of dark hair circling his otherwise bald head. At least he didn't believe in the dreaded comb over. A pinstriped, dark blue suit completed the picture of this 50 something legal professional. Introductions were quickly made, and the two nervous prisoners waited while he carefully scanned the copies of the documents detailing the charges against them that he had been given when he arrived.

That task completed, he lifted his head to look alternately at his two new clients, and said, "So... you're both charged with the murder of Mark Evans. What can you tell me about what the arresting officers had to say to the two of you? You go first, Mrs. Evans. Just the big picture, please. I would just like to have some idea of what we have here."

Lisa proceeded to tell him, in an abbreviated form, what had happened since Detective Nesbitt had met her in her driveway on Sunday afternoon. By the time she was relating the experience of fingerprinting and having her mug shot taken, she was crying again. Between sobs, she ended her statement with, "I didn't have anything to do with whatever happened in that park. I love Mark; I couldn't hurt him."

Basil Smith digested what she had to say for a minute before turning to Blake and saying, "You're turn. I don't need all the little details."

Blake Moore gave a quick account of what had taken place since the police had arrived at his home that afternoon, and he was far from tears as he told the story. He completed his account with the words, "Lisa and I had nothing at all to do with Mark's disappearance or whatever it was that happened in the park. I've told Lisa and the cops the same thing, and now I'll tell you... Mark Evans arranged this somehow. I believe he paid to have himself done away with, and part of the deal was that whoever did that job agreed to frame Lisa and me." He took a hard look at the lawyer, as if defying him to disagree with his explanation.

Blake's reiteration of his belief that Mark was dead started up Lisa's sobbing again. Their lawyer looked at her briefly, and then said "Now isn't the time to be pleading our case to each other. Our first thing is to see what we can do about getting you two out of here. We have to consider your bail. From what the two of you told me, and with what I see in this set of charges, I expect they'll be asking for bail in the neighborhood of about $100,000 for each of you. Is bail going to be a problem?"

Lisa looked shocked and asked, "I'll need $100,000 for bail?" She was ready to panic, knowing she had nowhere near that much in assets.

"No, no, no Lisa. You only need 10% or $10,000 in cash to cover $100,000 in bail. This state doesn't require the full amount to be posted unless the judge so states," her lawyer had been quick to tell her.

With that explained, neither of them thought it should be difficult to raise bail, and naturally there was a great deal of interest in whether they could be bailed out immediately.

"You'll be arraigned sometime tomorrow morning, and bail will be set. That's when you can make the arrangements necessary to get out of here. You're both going to be spending the night here, so get used to that idea." Both of his clients reacted badly to that statement.

Their lawyer informed them that there wasn't really much else he could do until they were arraigned. Once the task of getting them out of their cells was complete, he would see about talking to the DA, to obtain the disclosure of evidence. He felt he would get a better feeling for where they stood once he knew what they were dealing with in the way of actual facts.

The two of them were taken back to their holding cells, where neither of them had much sleep that night. Each of them was given a greasy takeout meal for their supper, a single blanket for the night, and loud cell mates in the middle of the night. Neither of them looked particularly fit when they met their lawyer the next morning at 10 a.m., just prior to their first appearance in court. None of the court staff, not even the judge, seemed particularly concerned about their appearance as their "Not Guilty" pleas were taken, and their bail set at the expected $100,000.

Because Blake had both his home and his business as assets, he was able to make arrangements quickly to deposit his $10,000 with the court, and was back on the street by early afternoon. Lisa however, was not so lucky. Unlike Blake she did not hold exclusive ownership rights to their home so that was out. She then discovered to her shock that the savings account that she expected to contain over $20, 000, was now empty.

Without it she couldn't get the required security, and ended up calling her parents in desperation. Explaining the need for bail to her parents was one of the most difficult things she had ever had to do. It was only after much pleading on her part that they finally agreed to make up her $10,000 shortfall with the court.

By the time that Lisa secured her parents assistance, it was too late in the day for the final papers to be completed, and she spent a second night in the holding cell; her roommates this time were a pair of slightly high prostitutes. She spent most of the night awake, huddled in the corner by herself, sheltered by her single blanket. By noon the next day, with her financial arrangements all made, she was finally allowed to leave the station and return to her empty house. She immediately had a shower, went to bed, and ignored the several phone calls that came in, letting the answering machine take care of them.

++++++++

The next month went by fairly quickly for the two accused. In the first few days Lisa learned that the money that was missing from the bank account she shared with her husband had been removed by him about 10 days before he disappeared. Her lawyer discovered that an email had been sent to his partner, Robert Graham, in which Mark explained that he was taking funds out of the account, in cash, so that his wife couldn't deprive him of his legal share when she received the divorce papers. There was no indication of what he had done with the cash, although his message indicated he would relinquish her share once the proper agreement had been reached with Lisa over the terms of their divorce.

Lisa and Blake had several meetings with Basil Smith at which he advised them that he had met with the DA, had been given copies of the various reports and evidence summaries, and was planning to bring his clients to a meeting with the DA in the hope of having all charges withdrawn. He felt that the lack of a body or a witness who could be cross-examined would make it very difficult for them to be convicted.

Soon after their release on bail, at their first meeting, he had made the suggestion that they hire a private detective to try and determine whether there was any way to prove Mark had contributed to his own death or disappearance. Blake was quite glad to approve of that suggestion, although Lisa still did not believe that Mark could've had anything to do with what had happened. She had developed the theory that Mark had been the victim of a carjacking that went bad. She said it made at least as much sense as Blake's theory. Even though she was theorizing about a carjacking, she still wasn't willing to admit that all signs pointed to the fact that Mark was no longer alive.

Over the next few weeks they received regular reports from the detective that had been hired, but they were all very similar. He had found nothing. Basil Smith also suggested that the detective try to locate the old wino who had reported the ditching of the gun and shovels. Basil had secured a copy of the Crimestoppers recorded call, and the detective was using it when he canvassed the areas known to be favored by the down and out. No one he spoke with recognized the voice.

Also, it seemed strange that the tipster had never called to find out whether tip number 127 would have kept him in juice for a while. They did have to acknowledge the possibility that the caller had simply forgotten the number, or maybe even forgotten that he had called in the tip. That population was also very fluid, moving from one area to another, depending on factors such as weather, police presence, and the availability of sources of quick cash.

Although he never said anything about it, Basil Smith had begun to notice that his two clients no longer seemed to be getting along. Neither of them volunteered the information, but soon after their release on bail Blake had suggested to Lisa that since Mark was out of the picture now, they could get together as often as they cared to, at either of their homes. Her reply had been quick and emphatic: "I don't want anything to do with you, beyond our legal case. You kept after me, and after me, and like a fool I gave in. Now I've lost Mark." Her reply had ended in another tearful episode, one that she seemed to repeat frequently almost without provocation.

Blake's reply had been succinct and final. "Suit yourself, Lisa. You aren't the only woman in town." From that date forward they didn't speak except in the company of their lawyer, where carrying on a feud would be detrimental to both of them. The ashes of their illicit romance were now ice cold.

Just over a month after their release, Basil Smith arranged for a meeting with the DA, Jeff Bagdon, one that they could all attend. Lisa and Blake walked into the meeting hoping that the charges would be dropped. They had both been repeatedly bothered by crank callers and questioned by friends and acquaintances about the nature of their relationship. Both of them had begun screening their calls with caller ID and answering machines. Having the charges dropped would allow them to get on with their lives.

Lisa and Blake were surprised at how young, hip and casual Jeff Bagdon looked. He could've been their lawyer's preppie son, except he had a full head of dark hair. The DA started speaking as soon as all four of them were seated. "I'm glad we could get together so easily. Just today I received the final reports from the medical examiner, and the police and forensics reports are now all complete. I've carefully considered all of the evidence, and I feel I am serving the people appropriately by offering you a reduced sentence of eight to 12 years for an agreement to plead guilty to second-degree murder."

The shock and awe displayed on the faces of the two accused, and to some degree on the face of their lawyer, was a thing to behold. Both Lisa and Blake began loudly professing their innocence, while their lawyer was alternating between trying to get them both to be quiet, and asking the DA how he could justify the offer.

When the other side of the table had quieted down, Jeff Bagdon began, "Since the initial charges were laid, I have received new reports and information. I'll be giving Mr. Smith copies of the new information right away. The first is the DNA report on blood samples taken from the back of the license plate and from the rubber gasket on the trunk lid of your car, Mr. Moore. Both of the samples contained the DNA of Mark Evans. The samples were taken under the authority of a search warrant before you made bail. As well, a scrap of black polyethylene found under the rear tire of Mark Evans' car is a match to the brand and style used in your landscaping business." The DA quit speaking at this point, choosing to look at the two accused for their reaction.

Lisa appeared to be more angry than shocked. While Blake seemed to be still digesting the implications of the facts just stated by the DA, Lisa broke in with, "Blake, what have you done?" She appeared to be ready to continue with her accusation, but Basil Smith was immediately able to insist on her silence.

Blake was very quick to react to her accusation. He exploded, "You know damn well I had nothing to do with this. You were right there with me, in my bed, when this happened." It was all he got out before Basil grabbed his arm and told him to shut up in no uncertain terms. The lawyer's next words were for the DA.

"Please excuse my clients, Jeff. We came here hoping that the charges would be dropped, and your statement has caught them both very much by surprise."

Jeff Bagdon seemed slightly amused by the display put on by the two accused. "I understand, Basil. I've been in private practice. The fact remains that we have more than enough evidence to take this to trial. The medical examiner's report makes it clear that the victim in this lost too much blood to have remained alive, and the crime scene reports can be interpreted to show that a body was dragged away from the site and loaded into a vehicle. I'm comfortable with this case from a prosecutorial standpoint." The DA stood up, pulled a file folder of reports from his briefcase, handed them to Basil Smith and promptly left the room.

As the door closed behind the departing DA, both Lisa and Blake began speaking in a rush to their lawyer. He couldn't make any sense of what either of them said, and was forced to tell them both to shut up. Having their own lawyer tell them to shut up was startling enough to get both of them to obey.

"I know you're both shocked and upset by this turn of events. I didn't expect it either. It will do no good to fight with each other over the situation you find yourselves in. We have to try and figure out how we're going to deal with this to keep you both out of prison. I gather both of you want to refuse his offer of an eight to 12 year sentence?"

Both of his clients were quick to emphatically refuse the deal as it was offered. Both of them felt that there was no way they could be convicted at trial. When it was agreed that he was to refuse the offer on their behalf, Basil Smith dismissed them both, saying he was going to have a lot of work to do preparing for trial. When his two clients departed, Basil was left alone in the room and after quickly going over the new reports he sat back, wondering if either of his clients were telling him the truth. Technically, it didn't matter. He would defend them no matter what the state of their souls. He just liked it a lot better when he felt confident about what his clients were telling him.

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A few months had passed, and the trial of Lisa Evans and Blake Moore was set to begin. At 10 a.m. on Monday morning, with everyone in the courtroom standing, Judge Robert Cox took his seat. The defense table was arranged so that Basil Smith sat between his two clients. He had decided it was the best way to handle the fact that the two of them could barely be civil to each other. He had contemplated suggesting that each of them retain their own lawyer, a means of keeping them apart more than anything, but realized that they could likely not afford to individually pay for the services of a lawyer. He knew that Blake Moore's business had fallen on hard times, and that Lisa Evans had recently given up her job due to the stress of the upcoming trial, and the difficulty she experienced when dealing with friends and acquaintances of her missing husband.

jake60
jake60
1,100 Followers