Chapter 18 The Arraignment

The next morning, I awoke bright and early, eager for the day to come.I took my time getting ready, wanting to be sure I looked my best when I faced Scott and Vanessa, who would hopefully be looking the worse for wear if there was any justice in this world.I carefully applied my make-up and styled my hair, then chose a figure-flattering pencil skirt and a beautiful silk blouse to wear, along with a pair of high-heeled peep-toe pumps that made my legs look great.

Before leaving the room, I removed my engagement ring and wedding band - they were clearly meaningless symbols at this point. I walked down the stairs, hearing Chris and Sherry getting ready in their room. I started a pot of coffee and decided on toast and a yogurt with granola for breakfast.Chris and Sherry made their way into the kitchen moments later.Chris was dressed in one of his beautifully tailored suits, and Sherry was wearing a gorgeous wrap dress. They made a striking couple.

As they fixed a quick breakfast for themselves, I filled them in on the latest developments.

Sherry's mouth dropped open."Are you fucking kidding me?Why didn't you call us?" she yelled, smacking her hand down on the table in agitation.

"I didn't want to bother you guys.You needed a night to yourselves, and it worked out fine.They did say they hoped the testing on at least the red wine would be done by this morning, so I hope they let me know something soon."

She grumbled a bit more that I hadn't let them know earlier, and Chris patted her arm to calm her down."Just finish eating so that we can get to the courthouse, Sher. We can't be late."

I received a call from James on the drive there, letting me know the initial lab results where in on the red wine. I asked him for permission to put him on speakerphone so that Chris could hear it as well, and he agreed.

"The bottle of red wine from the refrigerator showed signs that it had been opened, and it tested positive for extremely high levels of GHB.That amount of GHB, exacerbated by alcohol consumption, would have quite probably led to fatal respiratory failure, according to the medical examiner.You're a very lucky woman, Lila."

He went on to say that the prosecutor's office and the FBI had determined that the State of Indiana would try the case, since all the charges were connected to one big conspiracy.

"It appears that they will both be charged with attempted murder as well as conspiracy to commit murder, mortgage fraud and forgery.Vanessa will be charged with embezzlement for her part in the scam at the firm, and Scott will be charged with possession of illegal drugs, illegal possession of controlled substances and wire fraud for the unauthorized bank transfers.The prosecutor is asking that they remain in custody until their trial, but the decision to allow them out on bond will be up to the judge."

After I thanked him and assured him that we were on our way, I hung up and blew out a breath.

"Wow," Sherry said. "Shit just got real for them."

"Yes," I agreed with a chuckle."Shit just got very real." It couldn't happen to two more deserving people, I thought.

Chris spoke up to offer his perspective."The prosecutor has a damned good chance at getting bond denied, unless McFadden or Kendrick are presiding today. They're the only two judges who consistently approve bond unless the extenuating circumstances are especially horrific - multiple murders, that sort of thing.I normally love seeing them presiding over my clients' arraignments. I don't want to see either of them today."

I asked why they would only charge Scott with possession, rather than with distribution of the drugs."They have him on video saying that it was coke or Viagra or whatever, but his lawyer can raise reasonable doubt by saying that Scott was lying in an effort to cheat David out of money.Selling someone a baggie of flour that they claim is cocaine isn't illegal.They don't have the drugs, the baggies they came in, or David's testimony to prove that they were, in fact, the drugs that Scott claimed they were on the video.Possession is the only thing they can prove beyond reasonable doubt, since they found small amounts of them at his place."

He parked and we made our way up the courthouse steps, taking seats in the courtroom about ten minutes before it was called to order.Chris leaned over to whisper that this judge, Mary Donovan-Smith, was known for siding with the prosecutor's request when it came to the issue of bond, and I smiled to myself. It would be a damned shame if they had to sit in jail until their trial.

I noticed Mike and James slipping into the back at the last minute.Scott and Vanessa were led in - handcuffed - by deputies and seated together with two people who I assumed were their attorneys.The deputies removed the handcuffs from both of them, and Vanessa rubbed her wrists.Aw, poor thing.I imagined those things chafed a lot more than a diamond tennis bracelet did.Yes, I was still salty as hell about that.

They both looked like hell. Vanessa's normally long hair appeared hacked off to just above her shoulders.She had no make-up on, and her skin was sickly pale, and she appeared teary-eyed and trembling.The shapeless orange jumpsuit did absolutely nothing for her complexion or her figure.

She looked timidly around the the courtroom for a moment. Spying me, she averted her gaze and spent the rest of the time staring down at the table in front of her unless she was asked to address the judge directly.Scott looked even worse, with a bruise on his cheekbone and a split lip, with more scratches and scrapes visible on his face and neck.His defiant attitude was still in place though, which is probably why someone had tried to kick his ass in the first place if I had to guess.

The judge's gaze narrowed on Scott's injuries, and she demanded an explanation."Your honor, my client was the victim of an unprovoked attack by a fellow inmate in the holding cell earlier this morning.Guards intervened immediately, and Mr. Montgomery was examined at the jail infirmary.No further treatment was deemed necessary at that time."

The judge nodded and called everyone to order. The charges were read by the bailiff, and I lowered my head to hide my smile.I couldn't follow the legalese for a lot of it, but I understood enough to figure it out.The prosecutor presented their initial findings, and the judge ruled that they had enough evidence to proceed to trial.

Their defense attorneys both argued that they should be tried separately, as some of the charges were different and the alleged crimes of one might unfairly reflect poorly on the other in the eyes of the jury.The prosecutor argued that the bulk of the crimes they were charged with were committed together, in a conspiracy with David, and that even the separate charges were related to that conspiracy.

The judge ruled against separate trials.The next argument presented was in regard to bond.The prosecutor argued that both Scott and Vanessa posed a flight risk. Both had limited ties to the community, as neither had immediate family in the area, neither owned real estate here, and both had been at their current places of employment for less than six months.He also argued that they both had access to unknown funds, as they both had unofficial and illegal sources of income.He additionally asked that their known assets be frozen, as they were believed to be derived from illegal sources and - should they be convicted - would need to be seized and used for restitution to the victims.

There was a lengthy debate about which assets would be frozen.As I listened, I learned that those accounts and assets derived from tainted funds - obtained in an illegal manner - could be frozen, even if there was legitimately earned money commingled in the same account.If an account or asset could be shown to be derived from only untainted funds, it could not legally be frozen.

In the end, the judge ruled Vanessa's checking and savings accounts would be frozen pending the outcome of the trial, since the proceeds from her part of the embezzlement scheme were deposited there, as well as the numerous cash gifts from David which the prosecutor could prove had originally been obtained illegally from me. Her retirement fund, which contained direct deposits from her payroll, and her car which she purchased prior to moving to Indiana, were deemed untainted, and were therefore available for her to use to fund her defense.

Vanessa started crying in earnest at this point, and Judge Donovan-Smith asked that she control herself so as not to disrupt the proceedings.I focused my gaze on the seat in front of me, knowing that if I locked eyes with Sherry or Vanessa, I would start laughing and probably be escorted out.

Scott was smart enough to have a separate bank account for his various schemes, and it was frozen, as was the sports car he bought with my money that David had given him.His retirement fund and the checking account that his paychecks were deposited into were deemed untainted and available for his defense.I watched him closely for his reaction, but he merely tightened his hands into fists on the table and clenched his jaw tightly enough to crack a molar. He sat stoically otherwise.

Both defense attorneys objected strenuously to the decision, stating that their clients' unfrozen accounts would not be adequate to mount a proper defense for a trial of such an in-depth nature.The judge informed them that when their funds ran out, both defendants would be welcomed to request representation from a public defender at no cost to them.

Vanessa gasped in horror, and Scott's entire body tensed until I thought he might shatter if someone touched him.I really wanted to test that theory but imagined that the armed deputies in the room might not appreciate it.

The arraignment ended with the judge setting the date for the trial in sixty days, then pounding her gavel to dismiss the defendants. Vanessa and Scott were handcuffed again prior to being allowed to step away from the table, and I enjoyed the sight almost as much as I had after the funeral.The deputies led them from the room, followed by their two attorneys.

Mike and James both approached us along with the prosecutor.I was introduced to him, and noticed he was giving Chris some major side-eye, clearly not a fan of defense attorneys.I made a point of introducing 'my very dear friends' to him, and then thanked him for everything his office had done so far.He informed me that we would need to meet at some point to go over my testimony, but that he wanted the official reports from the lab and the forensic accounting team first.

I assured him that I would make myself available when needed.He excused himself from our group, and Mike and James left shortly after.Both had come in on a Sunday for this and were off for the rest of the day. I thanked them again for going above and beyond to gather evidence in this case, and they both gave me quick hugs before leaving.

We decided to stop by my favorite steakhouse for a late lunch, then Sherry and I planned to go shopping for things for my new place. Chris wanted to go home and watch the football game, so we dropped him off, quickly changed into more comfortable clothes and headed back out.

We spent several hours out shopping, picking out a new bed, dresser, couch, bar stools and side tables for my temporary condo rental.I decided to wait to buy anything else until after I found a new house to buy.I paid extra to ensure delivery on Tuesday, because I wanted to let Chris and Sherry get back to their normal lives as soon as possible.We stopped to buy new linens, dishes and kitchen essentials and then called it a day.By the time we picked up a pizza and made it back to their house, I was ready to put my feet up and relax.

Over dinner, I told them that I was meeting with the realtor tomorrow to list my house and the condo that Vanessa had been staying in. Chris reminded me that I would probably need to file for an emergency eviction order, even though she didn't have a valid lease agreement and wasn't actually paying rent.

"You're right, but I will get a petty sort of enjoyment in filing against her," I said, smirking wickedly.

"I need to call Randall in the morning, too, to reimburse him for the money they stole from the company."

"Hon, when Vanessa is convicted, her accounts and any assets will be forfeited and used to pay restitution to Randall then.It's nice that you want to pay him back, but as David's sole beneficiary, you are a part owner of the firm, so in essence you would be paying him for your own losses as well," Chris advised.

"I get it, but I still think it's the right thing to do. It's not fair that he should be penalized because my husband was a greedy sonofabitch with a stupid, slutty girlfriend. Besides, by the time I sell off David's cars and his boat, I'll more than recoup the money anyway."

"What are you going to do with the rest of his stuff? The watches and the designer suits, and God, all those shoes he had," Sherry asked, rolling her eyes at David's lavish spending habits.

"I don't know, really.I'll probably donate the clothes and shoes.There's a charity downtown that helps people returning to the workforce with dress clothes for interviews and such.I'm sure they could make use of them. I was thinking of giving the watches to the children's hospital for their charity auction.I like the idea of something good coming out of this."

"Those sound like wonderful ideas, honey," Sherry said, giving me a quick hug.

By the time I went to bed that night, I had a mental plan in place of things I need to accomplish in the next few days. Shopping with Sherry today had made me feel more like my old self than I had in months, and I hoped it was a sign of healing.