Alibi (24 page)
“Okay, on the night of November 5, 1986, where were you?”
“I believe I was working that night,” said Daisy, her apprehension subsiding.
“And where did you work at?”
“At the time, I was working at the Honey Dipper.”
“What kind of work did you do at the Honey Dipper, Ms. Fothergill?”
“I was a stripper and an exotic dancer.”
“On the night of November 5, 1986, do you recall seeing this man, a patron at the Honey Dipper?”
Daisy paused as her eyes met Nard’s, which were fixed on her in a silent plea. Daisy quickly turned her head, remembering
what Detective Ross had said.
“No, I do not recall seeing him there,” she said, poised and composed.
It was at that moment, it was those words, it was unbelievable, to say the least, but all Nard’s hopes and dreams escaped
him, there was a lump in his throat, and he couldn’t swallow, he couldn’t think.
This isn’t supposed to be happening. That’s not what the fuck that bitch is supposed to be saying. What the fuck is she doing?
What part of the game is this? What the fuck, Sticks, this bitch is drowning me. She’s selling me the fuck out!
His eyes drew small as he watched her breathe every word she spoke against him.
How can she? Sticks said it would be okay. What is she doing? What the fuck is going on?
His head began to spin and his heart began to pound. He couldn’t believe everything he had been told was a lie. He thought
he had an alibi. He thought he was walking out of the courtroom. He thought he was straight.
“Have you ever seen the defendant before today?”
“No, I have not,” said Daisy, recanting her previous statement to the private investigator that had been hired by Simon Shuller
on behalf of Bernard Guess, as the jurors and the others in the courtroom buzzed with disbelief. Her testimony had just sunk
the entire case for the defendant.
“No more questions, Your Honor.”
The judge nodded and then looked at Bobby DeSimone. “Your witness,” he said, wondering if DeSimone would be injudicious enough
to question her.
“Just a few questions, Your Honor, just a few.
“Ms. Fothergill, you say today that you never saw my client before, is that correct?”
“Yes.”
“However, this is your signature, is that correct?” he asked, as he swiftly walked back over to his table and picked up an
investigative report marked as Exhibit A.
“Yes,” Daisy Mae calmly responded.
“Your Honor, I would like this to be marked as Exhibit A,” he said, handing the document over to the judge.
“In this document you state that the defendant was with you on the night in question, is that correct?”
“Yes.”
“So, now today you’ve changed your mind and you want us to believe that you were lying then?” he asked, his eyebrows arched,
giving her and the jurors the
Colbert Report
staredown.
“I was paid to say what I said.”
“So you can be bought, is that your answer, Ms. Fothergill?”
“Objection, Your Honor, completely inappropriate,” said the district attorney, quickly standing up and facing the court.
“Sustained. Watch it, Mr. DeSimone.”
“For the record, just one more question here. Today, why should we believe you? If you’ll lie once you’ll lie twice.”
“No, I’ve told the truth here today.”
“Sure no one paid you to say what you’ve said, Ms. Fothergill?”
“Objection, Your Honor.”
“Sustained.”
“No more questions,” said DeSimone, strolling over to his chair and seating himself behind the table.
Even with DeSimone’s tricky and clever line of questioning, Nard’s heart continued to sink, along with his fate. He bent his
head down and stared into his lap.
She didn’t do it, she didn’t give me the alibi.
He looked at DeSimone, and a look of “sorry” was all over his face.
I swear I thought this bitch had me covered. What the fuck am I going to do now?
“Will you be re-examining, Mr. Zone?”
“Yes, thank you, Your Honor.”
“Ms. Fothergill, you said that you were paid to make the statements you formerly made to the private investigator hired on
behalf of the defendant, correct?”
“Yes.”
“Did anyone bribe you, or pay you today?”
“No.”
“The statements that you have made today, you’ve made of your own free will.”
“Yes, that is correct.”
“Are you absolutely positive the defendant was not with you on the night in question?”
“I’m positive. He was not with me on the night in question.”
“No more questions, Your Honor.”
“You may step down, Ms. Fothergill,” the judge said as Daisy stood up and stepped down three stairs to the floor of the courtroom.
She glanced at Nard’s face. He scowled at her, a look of boiling hate.
I know you don’t think it’s over, bitch. One day I’ll be back, and I’ll get you for what you’ve done to me.
Daisy made her way off the stand, all the while telling herself,
I should have never been involved with this. I should have never given that alibi statement to the investigator.
Daisy really felt that in her heart.
Tommy was standing next to the bailiff, who led them both back into the small room down the hall from the judge’s chambers.
“How did I do?” was the first question she asked.
“You did great, Daisy. I couldn’t have done better. He tried to come at you on the cross, but you stayed composed, you know.”
“I was so scared. At first I didn’t think I could speak,” she said as she sat down at the table, Tommy pulling up a chair
and seating himself next to her.
“You did really great, really great. Everything’s going to be okay. The state is going to take care of you, Daisy. You’ll
be relocated in the next seventy-two hours and you’ll be able to start a new life for yourself. You are really blessed to
be alive. You know, I see a lot working as a detective; me and Ross both do. And you’ve been through a lot. I want you to
work with the liaison that will be assigned to following through your relocation. Make sure you get some counseling, okay,
kid?”
“Mmmm hmmm,” said Daisy.
“Listen, life is crazy, we get caught up sometime, just take care of yourself out there and don’t get caught up in nothing
no more.
Capice
?”
“Yeah,
capice
,” she said, smiling back at Tommy.
He was so cool, and so down to earth, like a cousin or a friend or something. He was the only man she had ever met who talked
to her… like he really cared. Just as a friend, the way he treated her, meant a lot.
There was a knock at the door and they both looked up from the table. A white man appeared at the door, young, brown-haired,
with glasses. He gave a nod to Tommy.
“Uhh, Daisy, I think someone is here to see you; wait one minute,” Tommy said as he got up and opened the door wider, and
standing behind the detective were Billy and her cousin Kimmie Sue.
“Hey, Daisy Mae,” said Kimmie Sue as she hugged her cousin tightly. “Are you okay? My, you just don’t know, we’ve been worried
sick about you.”
“What are you guys doing here?” she said, looking at Billy.
“Coming to make sure you’re all right, that’s what family and friends are for, right?” he asked her as he stared deeply into
her eyes, wondering if she knew how much he had fallen in love with her.
“I think I’ll just step outside and give you two a few minutes,” said Kimmie Sue as she walked out, closing the door behind
her.
“Oh, Billy, I’m so sorry,” she said, so embarrassed at the thought of the last time she’d seen him and so ashamed for all
the pain she had caused him. “Look at you, you’re all bandaged up,” she said. Her face began to crumble and her heart grew
heavy, and a flood of tears poured from her eyes and down her face.
“Oh, now, Daisy Mae, I’ll be all right. The doctor said in a couple of weeks, I’ll be good as new. My shoulder’s a little
tore up from that gunshot, and I got some broken ribs. You just can’t hug on me too tight, that’s all,” he said with the most
charming of smiles.
“I never meant for you to get hurt. You were the best thing that ever come into my life, Billy Bob Porter,” she said covering
her face as she began to snivel.
“Please don’t cry, Daisy Mae,” Billy said, passing her his handkerchief.
“I’m sorry, I feel so bad, I’m just so sorry, Billy,” she said, looking into his eyes, hoping he truly knew how sorry she
was.
“Here, I got you something, Daisy Mae. I never had a chance to give it to you, ’cause you ran off to the store and when you
come back, all hell had broke loose, but… here you go.” He reached into his pocket and pulled out a small black box. “This
here is for you,” he said, extending his arm and handing the box to her.
Slowly she opened it. “Billy, I can’t take this,” she said, looking at him, confused.
“What do you mean, Daisy Mae. Don’t you like it?”
“Billy, I have to go away, to police protective custody, and they say once I leave, I’ll never be able to come back,” she
said, breaking down and beginning to cry again.
“I know. That’s why I’m so glad we got here before you had to go. Kimmie Sue said something like that, but Daisy, you’re the
first girl I’ve ever loved and that there is your ring from me.”
“But I don’t deserve it,” she said, crying and covering her face again.
“Of course you do. I love you, Daisy Mae, you’re my girl, and I know in my heart that you always will be. I wish you could
stay, but I don’t want you in harm’s way and I cain’t protect you like the law will, so I know you got to go. I just want
you to take that ring and every time you look at it just say somewhere out there I know Billy Porter is, and he loves me with
all his heart and I’ll be okay with that,” he said, bringing her to tears.
“Oh, Billy, I love you too. I don’t know what I’m gonna do without you,” she said, as he comforted her, holding her close
as he rubbed her head and shoulders and told her everything would be okay.
“It’ll be okay,” said Billy reassuringly, looking into her eyes. “You’re going to be okay; these people are going to protect
you now.”
She smiled and somehow, even though nothing was right in her life, she knew it would be.
“I love you, Daisy Mae.”
Dizzy walked into the back of Fabulous Willie Man’s barber shop. He sat down at a table and nodded for one of the stock boys
to bring him his usual, cold bottled Evian water. Dizzy drank only Evian water and he drank it all day long. He believed it
was keeping him alive.
“So, the girl didn’t testify?” asked Simon.
“Nope, according to her testimony she wasn’t paid to testify. Inside sources sayin’ Sticks never gave her that fifty thousand.
He kept it and gave her his Cadillac Seville and bought him a new Mercedes.”
“I’m glad we left his ass in Tennessee.”
“Yeah, he’s not coming back, and as for the girl, they’re saying she’s not coming back either. They say she went into police
protective custody.”
“You want me to trace her?”
“Naw, for what, she don’t owe us nothing, let her go,” said Simon, thinking in overdrive. “And Nard?” asked Simon curiously.
“Well, they say he’ll be shipped out to Green in the next twenty-four hours to start serving his sentence. DeSimone says the
possibility of an appeal getting granted looks good, real good. You know it’s rough in Green, but I’ve already told our people
out there to watch out for him when he comes through.”
“What about his mother, his family, are they straight?”
“Oh, yeah, they’re good, I took care of them last week, I did everything Nard asked be done.”
“And the kid never snitched?” asked Simon.
“Naw, he never said a word.”
“They don’t make them like that these days.”
“They sure don’t,” said Dizzy, wishing more soldiers were built like Nard.
“So, now what’s left to do now that all the smoke has cleared and the dust has settled?”
“Hell if I know, but before the day is over I’ll bet it’ll be something. Come on, let’s get our tickets and go to the Sixers
game; feel like some basketball tonight, floor seats, it don’t get no better,” said Dizzy.
“If ain’t nothing else to do, I guess we might as well,” said Simon, picking himself up out of the chair. “Old age is an ugly
beast, my friend,” said Simon, feeling a little stiff.
“Sure is,” said Dizzy, “but hey, they got them cheerleaders, they’ll make you feel young again,” joked Dizzy, feeling the
spirit as the thought of them jumping around and bending over in front of him entered his mind.
“Yeah, sure they will.”
“Hey, Viv, how about acey deucy. Feel like getting your ass kicked tonight?” said Tommy, pulling the backgammon board from
under the sofa.
“Tommy, you can’t beat me. What the fuck is wrong with you, have you been hanging out with your brother Matty or what? You
on drugs, Tommy? I’ll kick your ass all up and down this backgammon board. Come on, put some money on it—I can lay away my
ring when I win,” she said, smacking his face playfully as he pushed her down on her back and began kissing her neck and behind
her ears.
“Tommy, I thought you wanted to play.”
“I am, what do you think I’m doing over here, Viv, hanging wall flowers?” he said, kissing her mouth and using his free arm
to reach over and cut out the light.
“Do you love me?” Vivian asked, unsure of him at times.
“What the fuck, Viv, you hanging out with Matty or what? Of course, I love you. You’re my life.”
“I need a ring.”
“I’ll get you one tomorrow.”
“Really?”
“Really, now come on, acey my deucy over here and stop playing games.”
1. Did you the reader think that Daisy should have given Nard the alibi? Why?
2. Did she do the right thing by not testifying on his behalf?
3. Do you think Daisy would be considered a snitch for not giving the alibi?
4. What do you think happened to Reggie Carter?
5. Who do you think Daisy Mae Fothergill was pregnant by?