Corrupted (50 page)

Judge Patterson eyed Bennie in disapproval. “Ms. Rosato, does Ms. Stokowski appear on your witness list?”

“No, Your Honor, but I had no knowledge of her existence. Neither did the Commonwealth. I have no further cross-examination of my client, and in the interests of justice, Ms. Stokowski should be permitted to take the stand.”

Judge Patterson faced Martinez. “Mr. Martinez, what is the position of the Commonwealth?”

“Your Honor, I find myself placed in a very untenable position. I have an indicted defendant on trial in a murder case, but of course, the Commonwealth is as interested in justice as the defense. So for that reason, we will waive our procedural objection to Ms. Stokowski's giving testimony. I gather that Your Honor intends for me to question Ms. Stokowski on the stand, in essence, taking a statement from her?”

“Yes.” Judge Patterson nodded. “Mr. Martinez, did you intend to cross-examine the defendant?”

Martinez frowned. “Yes, Your Honor, but any cross-examination I have could be informed by whatever Ms. Stokowski has to say.”

Judge Patterson nodded. “Then we'll take Ms. Stokowski out of turn. You may postpone your cross-examination until after you have heard Ms. Stokowski's testimony. Ms. Rosato, if you have further recross, or redirect, whatever you choose to call it, then you may also do so at that time.” Judge Patterson turned to Jason. “Mr. Lefkavick, you may step down.”

“Okay, Your Honor.” Jason rose and left the witness box, but as he approached Linda, he stopped in front of her. “Listen, you don't have to do this. You really don't.”

“Yes, I do,” Linda replied, shaken.

“Yes, she does,” Bennie said firmly.

“No she doesn't,” Martinez snapped.

“Silence, order!” Judge Patterson commanded from the dais, then she frowned at Bennie. “Ms. Rosato, the only open question is whether you and your client are entitled to be present during this questioning.”

“Your Honor, Ms. Stokowski is an overwhelmingly important defense witness, and justice would be served if both the defendant and I were present, so that we could hear what she has to say firsthand and would be able to meet it better, if the case goes forward.”

“And you'll behave?” Judge Patterson lifted an eyebrow.

Maybe.
“Absolutely.”

“Please take your seat.”

“Thank you, Your Honor.” Bennie crossed back to counsel table and sat down next to Jason, whose eyes were riveted on Linda Stokowski.

Judge Patterson peered down at the witness. “Ms. Stokowski, do you have information relevant to this case?”

“Yes, I do, Your Honor. I was in the alley that night. I can tell you everything that—”

“Silence.” Judge Patterson held up a restraining hand. “It is my duty to warn you that any information you may give today could result in criminal liability. Do you have an attorney present to represent you?”

“No, I don't need a lawyer.”

“Ms. Stokowski, you may well need a lawyer, and if you cannot afford one, I can call a public defender or have a lawyer appointed for you. They can be here before the close of court.”

“No, I really don't want a lawyer.” Linda shook her head. “I know that I could be incurring criminal responsibility. I thought about this for a long time. I know what I want to do. I just want to tell the truth and make things right.”

Judge Patterson frowned. “Nevertheless, I heartily recommend that you allow me to appoint you a lawyer, and after consulting with him or her, you will be in a better position to waive your right to counsel, in a knowing and informed manner.”

“No, I don't want to wait. I don't need a lawyer. I'm waiving my right to counsel. I want to tell what happened. I can't take it anymore.”

“Fine.” Judge Patterson paused, sucking in her cheeks slightly. “Ms. Stokowski, if it any point during the questioning you change your mind, say the word and we will get you a lawyer.”

“I know I'm not going to change my mind. I've been thinking about this forever.”

Judge Patterson's gaze shifted to Martinez. “Mr. Prosecutor, I think it falls to you to Mirandize the witness, then she'll take the stand, and I'll rely upon you to question her.”

“Thank you, Your Honor.” Martinez turned to Linda, Mirandized her, then guided her to the stand, where the courtroom deputy swore her in. She sat down, tucking a strand of hair behind her ear.

Martinez pointed at the video screen. “Ms. Stokowski, is this you in this video?”

“Yes.”

“Have you been in this courtroom during this trial?”

“Yes.”

“Ms. Stokowski, why were you in the courtroom?”

“I'm here with my husband, Paul.” Linda bit her lip.

“Ms. Stokowski, were you in the alley on the night in question, with the defendant Jason Lefkavick and the victim Richie Grusini?”

“Yes, I was.”

“Ms. Stokowski, please tell us what happened, to the best of your knowledge.”

“Well, um, this is hard.” Linda kept her face turned toward Martinez and away from her husband, Declan, and Doreen. “I went to the alley around nine that night to wait for him. I knew from Paul that he and Richie would be at Eddie's, and I knew that Richie always parked in that alley, so I went to see him.”

“Where did you wait for him?”

“By his car.”

“Ms. Stokowski, why were you waiting for Mr. Grusini?”

Linda hesitated. “I wanted to talk to him. I only wanted to talk to him.”

“Ms. Stokowski, what did you want to talk to Mr. Grusini about?”

“We had been having a … relationship, for about a year. It was a dark time for me, and I lost my way, that's why it happened. I decided I wanted to end it because, well, I was pregnant. I prayed on it and I realized I wanted to get things right with my marriage and start over, but the right way. I wanted to be honest with Paul and tell him about me and Richie.”

Bennie felt a stillness in the courtroom that she knew was the impact of the revelation being absorbed. Paul would hear it, agonized, and she couldn't imagine what Declan was thinking. Jason stayed perfectly still, riveted to the stand.

“Ms. Stokowski, what happened in the alley?”

“Richie came in the alley, and he saw me. I told him that we had to end the relationship and tell Paul everything. He got angry, very angry. He said, ‘you don't ditch me, I ditch you.' He said he didn't want Paul to find out. He shoved me. I fell, which was really scary, because of the baby.”

“Ms. Stokowski, how many months pregnant were you?”

“I was six months pregnant. When I hit the ground, it worried me. I worried for the baby.”

Bennie remembered that the figure in the video appeared to be carrying something. The figure was Linda, and the bulge must have been her pregnancy. Then Bennie flashed on the pacifier that she'd seen in the alley, wondering if it belonged to Linda.

Martinez cleared his throat. “Then what happened, Ms. Stokowski?”

“I got really nervous, like, I was scared out of my mind that he was going to hurt me. Richie had a terrible temper. He got, like abusive, calling me a whore and whatnot, so I pulled out my knife, it's a hunting knife. I bought it a long time ago and I kept it around the house for protection.”

“Ms. Stokowski, where did you pull a knife from?”

“It was in my coat pocket.” Linda shook her head. “I brought it that night for protection. Just in case. I wasn't going to use it. I swear to you, I didn't want to kill Richie, or anybody. I just needed it in case Richie tried to hurt me. I wouldn't have done it otherwise. I'm so bad with it that I dropped it when I hit the ground. Richie picked it up.”

“Ms. Stokowski, did there come a time when the defendant appeared in the alley?”

“Yes. All of a sudden, Jason, the defendant, he came in the alley.” Linda gestured at Jason. “He saw me on the ground and he said to Richie, ‘Hey, stop, stop this.' Richie told him to ‘get the eff out' of there, but he wouldn't go. Jason told Richie to leave me alone, but Richie picked up the knife. I'll never forget what he said—‘Bitch, I'm going to cut that effin' baby out of your belly.'”

Bennie recoiled, imagining how terrified Linda must have been.

“And then it happened so fast. Jason rushed at Richie, but Richie punched him really hard in the forehead, and the knife went flying.” Linda's eyes widened, the memory horrifying her. “Jason went down, he wasn't unconscious, and right then I, like, dove for the knife and got it. I stood up, I held it out toward Richie. I didn't want him to come near me or the baby. I tried to back up but Richie came after me. He tripped and fell forward. The knife got him in the neck.”

“And he fell down, the knife in his neck?”

“Yes, he fell down, like to his knees. I didn't know what to do, so I took the knife out.” Linda grimaced, agonized. “Blood went all over. There was so much blood it got on Jason and me. Then Jason got up and came up behind me and he said, ‘give me the knife and go.'”

“Ms. Stokowski, what did you do or say when the defendant said that?”

“I said, ‘no, I'm not going to go.' I said to him, ‘why do you want me to give you the knife, you didn't do anything, you saved my life, my baby's life.'” Linda faced Jason, her eyes glistening. “He said, ‘you're a mom and you can't go to jail and leave your baby. I know what it's like to grow up without a mother, and I don't want to do that to your baby, so give me the knife. You go over that wall over there, I'll help you.'”

Bennie heard Jason emit a low sigh.

“Ms. Stokowski, why did he want you to go over the wall, if you know? Why not run out the front of the alley onto Dunbar Street?”

“Richie's body was right behind us, and there wasn't room, it was just horrible. So I went to the wall, and he helped me climb up on the trash bin, just like Jason's lawyer said.” Linda exhaled, her eyes spilling with tears that she wiped with the back of her hand. “I didn't need the help anyway, and I got over easy, and so I walked slowly away, down the street. I got away with it, all this time.”

“Ms. Stokowski, why did you come forward today?”

“Because of what his lawyer said, when she was asking him questions.” Linda gestured at Bennie. “She said that Jason was in jail his whole life and now he is going to be in jail the whole rest of his life. She was right. He didn't deserve to go to jail for what I did, and I knew it was wrong to stay quiet, to let him take the blame. I did it for my kids, I knew they needed me. But I can't sleep at night, I can't live with myself any longer. I feel like a hypocrite, when I pray.”

Bennie glanced over to see a distraught Paul Stokowski next to Doreen, who was being held by Declan.

On the stand, Linda wiped her eyes. “I'm so sorry, honey. I'm sorry for what I did. I didn't mean to kill Richie, I really didn't. I didn't mean for the affair to happen, either. I'm sorry, Doreen, Declan, the boys. I don't know what will happen to me now, but all I know is, I have to do the right thing. Before God. Now. Finally.”

Bennie's mouth went dry. She should have felt relieved, but she wasn't finished yet. Jason didn't move or make another sound.

Martinez turned to Judge Patterson. “Your Honor, in view of this confession, the Commonwealth is charging Ms. Stokowski with general murder and taking her into custody.”

“Sheriff?” Judge Patterson turned to the sheriff, who approached the witness stand with several uniformed police officers. Linda stepped out of the witness box, teary and upset, but came forward to meet them. She offered her wrists to the cop, and he clamped the handcuffs around them, then informed her she was being charged with murder and recited her Miranda rights again.

“Linda!” Paul Stokowski rushed to the bar of the court but a uniformed officer kept him from coming through. “I love you, honey!”

“I love you, too!” Linda called back, without looking over her shoulder.

Bennie and Martinez watched motionless as the uniformed officers escorted Linda through the pocket door into the secured part of the courthouse. Hoarse sobs came from the gallery, but Bennie didn't dare look in that direction. Jason slumped, ashen-faced, at counsel table, and behind him, Lou looked stunned.

Bennie turned to Judge Patterson, her heart pounding. “Your Honor, I request that the Commonwealth dismiss the charges against my client. Jason Lefkavick did not commit this murder and he should not be prosecuted for it any further.”

Judge Patterson turned to Martinez. “Mr. Martinez, what is the Commonwealth's position?”

Bennie held her breath, her heart pounding.

 

CHAPTER SIXTY-THREE

Martinez pursed his lips. “Your Honor, the Commonwealth will agree to dismiss the murder charges against the defendant. But—”

“But
what
?” Bennie snapped.

“The defendant will be charged with perjury, obstruction of justice, providing false information to police, and hindering the arrest of another.”

“Your Honor, that's
outrageous
!” Bennie exploded, turning to the judge. “It's undisputed that my client lied only to save the life of a woman and of her unborn child. How can the Commonwealth even
think
of prosecuting him for perjury? And when they try him, who will they put on the stand to prove it? Ms. Stokowski herself?”

“Ms. Rosato, please.” Judge Patterson raised a calming hand. “The matter of any remaining charges against your client need not involve this Court. They should be hammered out between you and—”

Bennie turned to Martinez, on fire. “Come on, do you really think that Ms. Stokowski's going to make a great witness in a perjury trial against my client?”

“Ms. Rosato?” Judge Patterson called from the dais, but Bennie wasn't about to stop now, realizing an emotion deep within was powering her.