In Sickness and in Death (14 page)

“Ms Porter,” her attorney interjected. “Did you, at any time, say
anything
about investing that money for Mrs. Forrester?”

Adrienne looked at him, wide-eyed. “Oh no, sir! We only spoke about covering Brian’s bills – and she
insisted
.”

“Thank you, Ms Porter. No further questions, Your Honor.”

“Does the State wish to cross?”

“Yes, Your Honor.” The DA stood and addressed Adrienne. “Ms Porter, tell me, is the home phone number you show on the hospital’s personnel files current and correct?”

“Why, yes, I’ve never had it changed – since Brian and I moved in together.”

He shuffled through the papers in his file for a long minute while she gazed at him with a puzzled expression. “I have here,” he said, holding up one sheet of paper, “a copy of your personnel record at the hospital.”

“Okay,” she said slowly.

“And I have here—” raising another small stack of sheets, “—Mrs. Forrester’s phone records for the last several months. Mrs. Forrester has not called the number you have listed as your home phone at
all
this entire year.”

“Well, when she called me for lunch, she may have called me at work. I’m not sure.”

The DA shook his head. “No, Mrs. Forrester didn’t call the hospital on September fourteenth either.”

“Well, maybe she didn’t call from home! She could have called from a neighbor’s – or even a payphone!”

The DA turned on his heel. “No more questions, Your Honor.”

“Re-direct?”

Adrienne’s attorney shook his head. “No, Your Honor.”

“You may step down.”

As Adrienne returned to her seat, her attorney stood. When she was seated he spoke to the Judge, “We have no further witnesses, Your Honor. The Defense rests.”

“Mr. Prosecutor, are you ready to make your summation?”

“Yes, Your Honor,” he said, rising and moving in front of the jury box. “Ladies and gentlemen of the jury, we believe that we have presented quite sufficient evidence to prove to you that Ms Adrienne Porter did indeed, willfully and fraudulently, put Mrs. Vivian Forrester under emotional duress so that she subsequently signed over her life savings to the defendant.

“Mrs. Forrester was led to believe that her deceased son
wanted
her to allow Ms Porter to
invest
her funds to better her future income. Ms Porter, however, took advantage of her emotional vulnerability to obtain the funds and subsequently deposited them into her own account – for her own benefit. We asked that you find the defendant, Ms Adrienne Porter,
guilty
of the charge of fraudulently obtaining the funds of Mrs. Vivian Forrester. Thank you.”

The DA returned to his seat and the Judge looked at the Defense. “Is Defense Council ready with his summation?”

“Yes, Your Honor,” he answered, moving toward the jury box. “Ladies and gentlemen of the jury, you have heard Ms Porter explain to you how
she
was invited to lunch by her late companion’s mother, who then
insisted
that she help cover her son’s final expenses. Ms Porter had been placed, by circumstance, into the position of having to take the full financial responsibility for the final arrangements of the woman’s own son. Doesn’t it make perfectly logical sense to you that a mother, any mother, would want to take care of her own son – right up until the very end?

“We ask that you find the defendant, Adrienne Porter,
not guilty
of any wrong-doing. Thank you for your attention.”

When he had returned to his seat, the Judge turned toward the jury and smiled.

“Members of the jury, the delivery of justice is now in your hands. It is up to you to decide what actually occurred in this matter. Remember it is the duty of the Prosecuting Attorney to prove beyond a reasonable doubt that the defendant is guilty.

“Reasonable doubt doesn’t mean ‘beyond a shadow of doubt’. It means just what it says, beyond a
reasonable
doubt. Has the prosecution brought forward enough evidence to convince you that it is
most likely
that events happened as he has stated. If that is the case, you must find the defendant guilty. If sufficient evidence has
not
been provided, then you must find the defendant not guilty.

“You are now charged to retire to the jury room and do your duty.”

“All rise!” roared the bailiff, and everyone stood while the jury filed out of the courtroom.

When the jury had disappeared, the Judge left the bench and the courtroom slowly emptied.

Brian followed his mother and Price to the building’s cafeteria where they both purchased a cup of coffee and took them to a table. For several minutes, they sat silently sipping their coffee, each lost in their own thoughts.

Vivian broke the silence. “Wonder how long they’ll be?”

“Hard to say. One never knows about a jury. It could be minutes or it could be
days
!”

Vivian shivered. “Let’s hope not.”

The silence resumed.

I could go into that room and see what they’re doing,
Brian thought.
But me knowing
wouldn’t help Mom any.

When they had finished their coffees, Bob pushed back his chair. “I guess we should get back up there. If they come back, they’ll only search out the attorneys, they won’t come find us.”

When they come back, Mom’s response will let me know
, Brian thought. Leaving the courthouse behind he went to wander through the fields and forests that he loved.

Sometime later as Brian sat at the edge of a peaceful lake, he felt his mother’s anxiety heighten and returned to the courthouse. The jury members were filing into their seats as he arrived.

The Judge turned to them with a smile. “Has the jury reached a verdict?”

One man rose and said, “We have, your honor.”

“Would you hand it to the bailiff, please?”

The man handed over a folded piece of paper. The bailiff took it to the Judge, who read it silently and returned it to the bailiff who passed it to the jury foreman.

“Would you please read the verdict?” The Judge asked.

“We, the jury,” the foreman announced, “find the defendant, Adrienne Porter, guilty of the charge of fraudulently obtaining funds.”

The bailiff took the paper and handed it to the Judge.

“Very well,” the Judge pronounced. “The jury has reached a verdict of guilty as charged. A sentencing hearing is scheduled for . . . two weeks from today. In the meantime, I am issuing a court order that all assets of the defendant be hereby frozen. I am also ordering that complete restitution be made to the offended party.”

Brian gazed at Adrienne who had a totally incredulous expression on her face.
You
actually expected to get away with it!
He thought in amazement.
Why wouldn’t you listen
to what I tried to tell you? I guess, now, you’ll just have to take the consequences and
learn your lessons the hard way.

About The Author

Jaye P. Marshall began writing fiction as a teenager and has been writing since then. She has had a life-long interest in everyday people - their relationships and their problems

– she enjoys “giving birth” to creative works by taking her own and others experiences and sharing the most intriguing aspects of those stories with her readers.

Her work, both fiction and non-fiction, has been presented in several national and international publications.

Her goal is to allow readers to “walk a mile” in the shoes of her characters – to feel their pain or join in their laughter.