“The Case” — Burden of Proof (Hanover Investigations, Book 1)

Offices of Marshall, Bateman & Powell
Pittsburgh
June 3
5:30 PM

With a weary sigh, Chelsea Hanover pressed slim fingers to her throbbing head and willed her raging migraine to disappear. She didn’t have time for this. Philip Myers went to trial for armed robbery and assault in less than three days, and she’d yet to find a single loophole in the prosecution’s case.

Pushing her fingers through her long, copper-colored curls, she scowled at the files spread open on her desk.

“Damn it, Jerry!”

She told him this case was a bad idea. Never mind the partners forbade him to take it. Being Jerry, he naturally ignored her advice and the instructions of two of the firm’s senior partners, and — no surprise — the case blew up in his face.

Chelsea’s stomach heaved, and she could hear her sister’s chastising voice, reminding her stress could kill her. Sally was convinced her younger sister’s problems would be solved if Chelsea just slowed down. The thought made her ill.

Or maybe she was ill because she’d consumed nothing except half a cup of coffee and a stale doughnut since six this morning. The mere thought of food brought a protesting heave from her knotted stomach.

Just what she needed to end up a hellish Thursday. A bodily mutiny.

What she needed, Chelsea conceded, as her vision blurred from exhaustion, was some kind of evidence that put Myers elsewhere at the time of the robbery. Lacking that, she reached for her trusty bottle of aspirin. She grimaced as she washed several down with a gulp of cold coffee.

A rap at the frosted-glass office door rescued her from the sea of paperwork on her desk.

“Come in.”

The door opened, and Gene Marshall poked his balding head through the opening. “Got a minute, Chelsea?”

A warm smile tugged at her lips. Gene wasn’t just her boss. He was her mentor and adoptive uncle, and one of the very few men she trusted.

“Sure, Gene. I’m just going over the Myers case one last time.”

His frown reminded her none of the senior partners were happy with Jerry Merrick’s decision to take on the case in the first place. If it failed, it would make the entire firm look bad.

From what she saw, it would fail. Miserably.

“Give it back to Merrick,” Gene growled, shutting the door behind himself. “You’re working too hard on an airtight loss. The partners have had a meeting, and we’ve decided to let Jerry sink or swim on his own. If he pulls it off, great. If not, it gives him his third strike and gets him tossed out on his ear. We should have done it a long time ago.”

Chelsea’s brow furrowed. “Why are you telling me this, Gene?”

He shrugged. “I know you, kiddo. You’ll feel guilty if it fails. Which it probably will.”

A wry smile tugged at her lips. “Is that what you came in here for? A pep talk?”

He paused, his expression uncomfortable. “Actually, no. A big case just landed in the firm’s lap, and the partners agree. We want you to handle it.”

The knot in her stomach tightened. Was Gene actually trying to sell her on a case with flattery? He knew that crap was lost on her. The one and only time he’d tried and succeeded before now ended up being a very messy kidnapping case she almost lost, even though her client was actually innocent. “What kind of case?”

“A big one.” Gene skimmed a file across the mess on her desk. “Murder One.”

Chelsea’s blood froze in her veins. First degree murder? Dear God, he wasn’t suggesting that she, a junior partner, handle another capital case, was he?

“You’re kidding.”

He sighed. “Unfortunately, no. I know you said you didn’t want any more capital cases after the Brantley kidnapping, but this case is just too important, and you have the best track record of all the junior partners.”

Resignation flooded her. The partners handpicked her for this case, so she didn’t have much of a choice. She might as well hear him out. “What’s the story?”

“I’m not entirely sure. The woman’s name is Marlene Cavarella. They arrested her this afternoon, and details are still sketchy. According to Eleanor, she was incoherent when she called.”

“Incoherent?” Chelsea thumbed the edge of the file and shot a curious glanced at Gene. “How?”

“From crying, not intoxication. Eleanor said she was pretty close to hysterical, on the phone. Lucky us, to be the family law firm.”

“That seems odd for someone facing a Murder One charge.” Chelsea’s brow furrowed as something he said sank in. “Cavarella? As in Dominic Cavarella, of Cavarella Enterprises?”

“Yeah.” Gene settled his five-foot-ten-inch frame into one of the plush leather chairs opposite her. “Small world, huh? We handle all their corporate legalities.”

Chelsea nodded absently. She handled three of the well-known advertising agency’s legal disputes over the past two years, herself. She even met “The Big Man,” as Gene called him, once. Dominic Cavarella struck her not as awe-inspiring, but downright intimidating. He made her skin crawl. She frowned. She had way too much experience with powerful men to ever trust one.

“So who is Marlene?”

Gene laughed in disbelief. “You really need to get out more, kiddo! Marlene’s the Big Man’s wife.”

Chelsea’s head snapped up, even as she opened the file he’d tossed her. “Cavarella’s wife? Who’s the victim?”

Even as she asked, the answer stared up at her from the open file in her hands. Chelsea’s breath rushed out on a quiet curse. “She offed her husband?”

“Sam Spade, I presume,” Gene intoned wryly, but nodded. “Yeah, the victim was Cavarella himself. According to the police, there were sixty-four separate stab wounds to his chest and upper abdomen. The detective I spoke with said he figures Cavarella was dead long before she stopped hacking at him.”

Chelsea winced at his indelicate choice of words. Gene wasn’t one to sugarcoat. “So why me?”

Gene’s expression was sympathetic as he rose to his feet. “She asked specifically for you. I figure she heard her husband talk about your handling of the past couple of corporate cases. It’s not likely she’d distinguish between cases.”

Chelsea sighed as she closed the file. “Exactly what do you expect me to do? The woman was literally caught red-handed, if these reports are to be believed.”

“The question is, are they?” He shrugged. “Check it out. Talk to her, at least. She claims she’s innocent, and the firm trusts your judgment enough to give you free rein either way you go. If you feel the case isn’t worth the risk after you’ve talked with her, we’ll simply farm it out to the Public Defender.”

She sighed, pressing her fingers to her forehead again. “All right, Gene. I’ll head over there first thing in the morning. Where’s she being held?”

“Allegheny County Jail, at least until the arraignment.”

She nodded as she rose to her feet. “Got it. Do we have any idea who the District Attorney’s picked for the case, yet?”

Gene’s grimace stopped her halfway up, and ice trickled through her. Prosecutors never bothered Gene; he didn’t look at them with the same distaste many defense attorneys did.

“Gene? What is it?”

“More like ‘who’,” he muttered as he met her eyes. “Rumor has it Martin’s giving the case to the Executioner.”

The blood drained from her head so fast it made her dizzy, and she sank back into her chair as an image flashed before her eyes of dark blond hair, clean-cut good looks, and green eyes so intense they could pierce her to the soul from a yard away. She could barely draw a breath as she croaked out a single word. “Blakely.”

Gene nodded glumly. “From what I hear, that man’s been looking for a rematch ever since you trumped him at the Fairman trial, two years ago.”

She managed a wan smile. “I didn’t trump him — the evidence did. Chad was innocent. Even the Executive Assistant District Attorney can’t be right all the time.”

Gene snorted a laugh. “So far, you’re the only one who’s managed to prove that theory. His record for convictions was spotless, until you came along. Damn him, and his absolute devotion to the law.” A rueful smile flickered across his face, then. “Unfortunately, it works all too well for him.”

Chelsea’s heart stuck in her throat as she recalled the first and only time she faced Justin Blakely in court. It was the first time she was terrified since Rob tore away her innocence, and her sense of safety, in college. The idea of being in the same courtroom with another Blakely, and one fed with a silver spoon so like Rob’s, made her physically ill. She kept seeing the judge who turned her personal horror into living Hell. When she saw Justin, the first day, the sensation slammed into her, and rocked her clear off her game. No one knew how close to losing that case she came. No one knew how much his soul-piercing gaze rattled her. God, how would she ever face him again?

“You okay, kiddo?” Gene’s worried voice broke through her thoughts, banishing Justin’s face from her mind. She nodded. She could do this. She wasn’t a thunderstruck rookie, anymore. Her record was even more impressive than Blakely’s. After all, she hadn’t lost a case, yet.

Gene, halfway to the door, turned to give her another concerned glance. “You look like hell, Chelsea. You’re only twenty-four, for God’s sake. You need to slow down. Do yourself a favor, and get some rest before you tackle this one. The D.A.’s office is having a psychologist sent over from Western Psychiatric tomorrow afternoon, to see if Marlene’s even fit to stand trial. Save yourself the aggravation. Wait until Monday.”

Anger hardened Chelsea’s resolve. Psychiatrists, she could do without. They were all alike, trying to convince people the worst terrors were all in their heads. Trying to tell frightened, traumatized women they were crazy to feel afraid.

“No. If she’s as upset as you say, Mrs. Cavarella will be too fragile to withstand psychological analysis. I want to get her side of the story before the state’s headshrinkers get to her.”

Gene sighed in resignation. “All right, then. Good luck.”

As Chelsea turned to shove the Myers case into a file box and gather up her tape recorder and legal pads, she swallowed back a grimace. Between the little information in the file, and the roiling sensation in her gut, Chelsea feared she needed a good bit more than just luck. She needed a miracle.

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©Burden of Proof by Esther Mitchell
All Rights Reserved
Any unlawful reproduction, duplication or presentation of this material without the express, written consent of the author is subject to prosecution under Intellectual Property Rights laws.

Burden of Proof Final

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“In Morning’s Light” — Excerpt from BURDEN OF PROOF

Burden of Proof Final

HE WANTED JUSTICE,

BUT AT WHAT COST?

Assistant District Attorney Justin Blakely believes only in the letter of the law. When asked to prosecute a dangerous woman accused of killing her husband with sixty-four stab wounds to the chest, he sees only a butcher who should be locked away for her depraved act. But when he comes up against the woman’s driven, feisty attorney, he knows Chelsea Hanover has the power to change his mind. And, as he realizes her aim is truth rather than law, he can do nothing but respect her integrity. Knowing she’s stumbling into trouble, he’ll do anything to save her from herself, even if the casualty of his crusade is the law in which he believes

“In Morning’s Light” — Excerpt from BURDEN OF PROOF —

Justin blinked awake to the feel of warm fingers on his face. Opening burning eyes, he looked up to see Chelsea sitting on the edge of her hospital bed, fully clothed, with her right arm in a sling. The fingers of her good hand traced his stubbly cheek again, as a soft smile touched her face.

“I don’t think I’ve ever seen you look disreputable, before.” The soft lilt of teasing in her husky voice twisted his heart in the best way. She frowned, then. “I think I remember talking to you, last night. Have you been here all night?”

He sat up straighter, stifling a yawn as he glanced at his watch. Six-thirty. “Yeah, you did. And yes, I have.”

Her frown deepened, confusion and fear written in its lines. “You’ve been here every night when I go to sleep, and every morning when I wake up. Why?”

He tensed in surprise. He hadn’t expected to be cross-examined about his motives.

“Because I l–” He stopped, sucking in the words he was about to say. She wasn’t ready to hear how he felt. Not yet.

“Because I promised you I’d stay,” he answered instead, his voice husky with sleep and emotion. “The doctor says you have nightmares when I’m not here. I promised you I’d be here for you, and so…”

He managed an awkward shrug. He couldn’t tell her how important helping her was to him.

She shook her head slowly, as if having trouble thinking. With the amount of blunt force trauma she took to the head, he wasn’t surprised. Fresh anger shot through him, and he squeezed her good hand gently.

“You still haven’t told me what happened.” Her worried gaze searched his.

“Don’t you remember?”

“I… I think so. I just don’t know what’s real, and what’s a nightmare.” She pressed slim fingers to her forehead, eyes squeezed shut in effort. “I remember coming to your office. Talking. We were trying to reach a deal on Marlene’s case.”

He nodded, silently encouraging her to continue. The doctor told him to let her recall things at her own pace. Telling her what happened would force her to face the attack before her psyche was ready, and could be even more damaging.

“We had to go see the D.A. I remember that. And seeing–“

She cut off sharply, sucking in a shaky breath.

He straightened, alerted by her response. “Chelsea? What do you remember?”

She shook her head. “Running. I had to get away. I,” she stopped, thought. “I went home. I needed to hide.”

“From what? From who?”

“From… from everything! From him!”

Look for BURDEN OF PROOF, coming soon from Esther Mitchell and FyrRose Productions!

“Contrary Evidence” – Excerpt from BURDEN OF PROOF

Burden of Proof FinalAssistant District Attorney Justin Blakely believes only in the letter of the law. When asked to prosecute a dangerous woman accused of killing her husband with 64 stab wounds to the chest, he sees only a butcher who should be locked away for her depraved act. But when he comes up against the woman’s driven, feisty attorney, he knows Chelsea Hanover has the power to change his mind. And, as he realizes her aim is truth rather than law, he can do nothing but respect her integrity. Knowing she’s stumbling into trouble, he’ll do anything to save her from herself, even if the casualty of his crusade is the law in which he believes.

 

“Contrary Evidence” — Excerpt from BURDEN OF PROOF —

“Tell me you have something.” Justin leaned against the door frame leading into the Forensic Technician Penny James’ lab. He knew better than to cross the threshold without permission. The sixty-two-year-old grandmother of four had scolded him like one of her grandkids a number of times when he was a rookie prosecutor about cross-contamination and improper attire for the lab.

Now, she glanced up at him over the rims of her glasses, her brown eyes twinkling in welcome. “Depends on what you consider ‘something,’ young man.”

“At the moment, I’ll take whatever you’ve got.” Normally, he enjoyed matching wits with Penny. She had a brilliant mind, and a sharp sense of humor. He knew she and his Uncle Mic went way back, but he never dared ask how far, or how close.

Today, however, with Chelsea’s assertions of her client’s innocence ringing in his ears, he was just too weary, and too worried, to muster up the fortitude for one of Penny’s brain teasers.

“You’re sure in a mood, today.” She tsk-ed beneath her breath and turned toward her desk, flipping through the files neatly stashed in the drawer there. “Case got you on edge?”

He opened his mouth to agree, but the words wouldn’t come out, as Chelsea’s thunderous green eyes seared through his mind, again. No, he was pretty sure the source of his mood wore a skirt and blazer that looked more second-hand than high-end. His breath caught at the memory of her slim form — the woman really needed to eat more — severely controlled red hair, and flashing green eyes… and he didn’t want to let his mind wander that way. No matter what he wanted, for years now, Chelsea Hanover wasn’t going to ever give in. She might look like sex up and walking, but she made it pointedly clear she considered him somewhere beneath pond scum on the evolutionary chain.

Everything I Needed to Know About Life, I Learned From My Characters

“Everything I Needed To Know, I Learned From My Characters”

 Yeah, I know.  It might seem like a sort of overused title.  But there’s a great deal of truth in it, for me, and it’s a philosophy that’s carried me through the ups and downs of life, and writing.

 Over the years (decades, really) of writing, I’ve come to one inescapable conclusion.  I’ve learned something from each and every character I’ve ever encountered in my writing career.  Some have been lessons in what not to do (being evil is a sure-fire way to end up dead and despised, for example.  The Widow Society from Project Prometheus taught me that).

 However, most have been positive lessons in how to live my life.  Like how honor, integrity, and loyalty are worth more than anything else in the world ( the Commandos, from Underground, taught me that).  That judging a person based solely on their outward appearance is a sure way to bypass something truly wonderful and life-altering in this world (Matt Raleigh’s lesson, from IN HER NAME). 

 I learned that guilt and anger are two of the most poisonous emotions that exist, and they can do irreparable damage to the things I hold most dear (thanks to Trevor Watkins and Jaye Michaels in SHADOW WALKER).   That no matter how far down I go, no matter how dark and terrible things seem, there’s always hope for me (Tamia Kuan, from Underground, and Peter Talladay, from HOPE OF HEAVEN, both taught me that).

 I even learned, during one of the darkest periods of my life, that the only way you stay a victim is by letting the person who harmed you maintain their power (this was a hard-learned lesson, for both myself and Chelsea Hanover in BURDEN OF PROOF).

 And I learned that fear is the most numbing, and destructive, power in the world.  It can tie you down, hold you prisoner, and beat the hell out of you.  It can keep you from what you want, and turn you against those you love and who love you.  These lessons came from Telyn Gwndal (DAUGHTER OF ASHES), Hope MacKenzie (HOPE OF HEAVEN), and Matt Raleigh (IN HER NAME).

 So, yes, I’ve learned a great deal from my characters.  I’ve learned how to stand on my own two feet, and not allow myself to be held or beaten down by life’s failures, or the fears and failures of others.  Through their triumphs, I learned that love has the capacity to wash away any stain on the soul, and that an open heart and open mind are the most amazing and spiritually uplifting possessions a person can own.

 My characters inspired great changes in my life, opening my eyes and allowing me to see what was in front of my face all along.  I only hope they can do the same for you.