Unlucky in Law

“About ten. She opened the door right away. Dumb move. I could have been anybody.”

“You say, about ten?”

“I think so, yeah.”

“You had brought a gun?”

“I borrowed one from a friend of mine. It was just to get in and try again to look around. The first time she had watched me like a hawk.” Again that bitter smile. “I didn’t care about her stories. I didn’t care if she was stark raving mad. What I cared about was her money. Her and Alex’s money. But I decided to use the story to get to her. I wanted-I’ll be honest-I wanted to get into her place and look for documents.”

“Why?”

“I wanted to find out exactly how much money she had.”

The atmosphere of the courtroom closed around them, a mixture of sweat and too much stale air. Although it was nearly four o’clock, there was none of the usual coffee-deprived shuffling. It was a good jury.

Nina said, “What did happen?”

“She offered me a glass of brandy. I said sure, and she went into the kitchen. When she came back, I was looking in her desk drawer. My timing was off.”

“You say you touched her desk drawer?”

“It was a cold night. I was wearing gloves.”

“How long were you there before she came back in?”

“Coupla minutes.”

There seemed to be no limit to his cooperation. He was digging a grave like Stefan, only it was his own. Had Salas cautioned him properly about his rights? She hoped so. But Gabe barreled on, throwing the memories out as if he were projectile vomiting. He had a queer expression of distaste on his face now.

“She caught you?”

“Yes.”

“What happened then?” Nina asked, looking directly at the jury, not at Gabe.

“You know what? Her brother Alex was right. She was nuts. She way overreacted, got mad and, I think, scared. She didn’t ask what I was doing, but went back into the kitchen. It was as if she’d known all the time I wasn’t really there to help. I followed her. She threw a glass of brandy at me, co

“No,” Nina said. “What did you do, Mr. Wyatt?”

He seemed unaware of the impact of his words on the courtroom. Even the court reporter waited hungrily.

“I left. I just went like a kid obeying his mom. She slammed the door behind me.”

What, no murder? No hands around her neck? No struggle? All the air seeped out of the bloated balloon of anticipation in the courtroom.

“Your testimony is that you immediately left?”

Gabe spread his hands. “I swear it.”

“Did you then return?” Nina asked.

“No. I was bleeding. I went home and took care of myself. I gave my friend his gun back the next day.”

“You didn’t return later that night?”

“No.”

“You didn’t sweep up the glass?”

“What? No.”

“Mr. Wyatt, why did you run when we approached you in the hallway a few minutes ago?”

“I had a damn good reason. You people put my brother in jail on blood evidence. I knew my blood was there, too. I thought maybe you had found it finally, and would put me in jail, even though I had nothing to do with hurting that woman.”

“You’re trying to tell us,” Nina said, “that you were alone with Christina Zhukovsky late at night on the night of her murder. By chance, you were wearing gloves. The situation became violent. You were injured by her. You were jealous of her and searching through her private papers, but you didn’t kill her? Is that what you claim?”

“I don’t claim anything,” Gabe said. He nodded. “I didn’t kill her. It was my blood on that glass, that I admit, but I never touched her. She was alive and hopping mad when I left, but when I heard she had been killed, I knew how it would look. I broke down. I sat down at my house, waiting for the police. But they didn’t come. They arrested Stefan instead. They said he left blood there, too. I couldn’t figure out what was going on.”

Nina felt dizzy. The intensity of the last hour had drained her. Too much information bombarded her, too fast. Did they have enough from this brother who appeared willing to say anything except the ultimate thing, that he was guilty, guilty, guilty?

The blood! The most important thing! Confess or don’t confess, pal, she told Wyatt in her mind. You’re going to clear your brother. She turned briefly toward Stefan at the counsel table. Their eyes met and she tried to keep from giving him an encouraging nod.

The case against Stefan was starting to fall messily apart. But Stefan blinked at his brother’s testimony, trying to take it all in, frightened. He didn’t want it to be his brother.

“All right. Let’s get back to that blood you left in Christina’s home. Are you aware of Dr. Hirabayashi’s testimony earlier in this courtroom?”

“No.”

The judge allowed a brief explanation, which Gabe followed with amazement.

“I heard his blood was found at the scene, and there was nothing said about my blood. I assumed he went there after me that night. I couldn’t understand-”

“You suffered from leukemia when you were young. You were the recipient of a bone-marrow transplant?”

“Yes. It cured me.”

“Who donated the bone marrow that cured you?”

“Stefan was the donor.”

“Isn’t it true that you knew your brother, the defendant, shared the same blood as you?”

“Wait a minute, I had no idea. How could we still have the same blood? The transplant was so many years ago, I assumed by now I had my own blood, you know, that it came back.”

“That’s not how it works, Mr. Wyatt,” Nina said.

“Objection.”

“Sustained. Strike that last statement by counsel.”

Nina walked back to the counsel table and picked up her notes. The courtroom was waiting, on her side. Salas actually rubbed his hands together, a sign that he was excited. She knew exactly what question to ask now, what the answer had to be.

“How did Christina Zhukovsky come to have your brother’s name and phone number?”

“She asked me at one point if I knew anyone who could help her with odd jobs. I was trying to get close to her. I wish to God I hadn’t done it.”

Bingo! And Christina passed Stefan to Alex! A huge hole in Stefan’s story was filled in.

“How helpful of you. Isn’t it-”

“Objection!”

“Sustained. Counsel, do not comment on witness testimony. The jury will disregard the comment.”

Nina knew that she was too excited. Moving away from Gabe Wyatt, she got as close to the jury as she dared, hyped up, angry, outraged at what he had put Stefan through. She made sure her voice carried to the back rows as she asked, “Isn’t it true that you pla

“No!” His voice softened. “I’m embarrassed to admit, I really thought Stef must have done it. He’s always been the one who screwed up. This time, I thought, he must have gone in way too deep. I never wanted to be the one who co

“But all along, it was your blood on the glass, Mr. Wyatt. You killed her, didn’t you? And then you told lies to protect yourself. This is your chance to make things right for your brother. Tell this jury the truth.”

“I am making things right. I’m telling the truth. I didn’t kill her.”

“You spied on Christina. You were at the scene of her murder in the time frame of her murder. You admit to a violent confrontation. Your jealousy and hatred of this woman, who had grown up with your father’s love and been given his money, got the better of you that night, didn’t it, Gabe?” Nina said.

“No! Somebody came there after me! If it wasn’t Stef, then-I-”

Nina turned to the jury.