Trial by Fury (25 page)

“Our next step is to assemble whatever data is in the public domain and determine which findings might be legally actionable. I can start my team on that as early as this afternoon,” Theo said, knowing Gloria was already salivating to get the case underway. “Ultimately—once we file the suit and reach the discovery phase—we’ll ask the court to grant us access to MHG’s employee data, but there are a number of legal hurdles between now and then.”

Like Gloria, Theo was thrilled at the prospect of landing a case of such magnitude, especially now that Hayley Burkhart’s wrongful death suit was over and Kendra’s wage theft case seemed to be moving toward settlement.

“What will you need from us?” The question came from the executive director of the MHG association.

“For now, detailed information from the complainants. My paralegal will conduct in-depth interviews with each of them. Work history, salary, duties…whatever our research advisor tells us she needs in order to start building a framework.” Jalinda and Gloria were listening in on the call, trading private notes with Theo through intra-office chat.

Like many employers, Mercy Hospital Group tried to manage controversy over differential pay by prohibiting workers from discussing their salaries with co-workers. The policy, though illegal and unenforceable, had an intimidating effect on most employees. But not on four of the nurses on today’s call—each was married to a male nurse with less experience who made more money.

“We can do a lot of the preliminary work by phone, but at some point, we’ll schedule a strategy meeting here in Atlanta for the principal parties.” She gave them a canned speech on the importance of confidentiality and signed off.

The instant she pulled off her headset, Penny knocked and entered. “I’ve been watching the light on your phone, waiting for you to get finished. There’s someone here to see you about the Hayley Burkhart case.”

The Burkhart case had been over for two weeks, at least for Theo. “Who is it?”

“An attorney with Hubbard-McCaffrey. Says his name’s Austin Thompson.”

There was something curious about that but she couldn’t place it. “Have him wait a couple more minutes. I’ll buzz you when I’m ready.” She dialed Jalinda and asked her to do an electronic search through her files for the name.

“Nothing for Austin Thompson, but here’s something from your interview with Kelsey Cameron, the young woman who said she was assaulted by the football player. She claims she was approached by an attorney. ‘Austin something. About thirty, drove a Porsche.’ He’d warned her about making allegations, told her she could find herself facing an expensive lawsuit.”

In a search for attorneys associated with Harwood’s athletic department, Theo had turned up an article about such a guy at one of the big football universities in Texas. A “jock sniffer,” which apparently was a thing. He hung out on the field or in stadium suites with big-moneyed boosters, and swooped in whenever one of the athletes got in trouble with law enforcement.

That didn’t mean Austin Thompson was the same attorney Kelsey had encountered. But it occurred to Theo for the first time that Hayley’s warning to back off from her allegations might not have come from someone in Harwood’s administration, as she’d originally thought. It could have come from the same guy who’d intimidated Kelsey.

“Send him in, Penny.”

He certainly fit the description age-wise. Undeniably a good-looking young man, he was clean-shaven with a boyish dimple, his short hair styled with gel. Unlike most trial lawyers, who wore low-key suits in case they were called to court, he was dressed in dark chinos with a pink shirt, striped tie and gray tweed sport coat.

“Thanks for seeing me,” he said, smiling as he offered his hand.

“Sorry you had to wait. Conference call. What can I do for you?”

“It’s what I can do for you.” He drew a piece of paper from inside a black portfolio embossed with his firm’s name. “I have a check made out to your firm for two hundred fifty thousand from my employer, the law firm of Hubbard-McCaffrey. That represents the amount of your contracted fee with Donald Lipscomb. As you probably know, he settled with the defendants in the wrongful death suit involving Hayley Burkhart.”

So this was the weasel who’d cut in and wooed Lipscomb away with the promise of a quick payday. The fact that he’d chosen to deliver the check in person rather than by courier meant he’d come to gloat.

Controlling her indignation, she snatched the check from his hand and placed it on her desk. “Congratulations on your quick resolution, Mr. Thompson. I’m betting that was the easiest money Hubbard-McCaffrey ever made.”

“Mr. Lipscomb was satisfied with our counsel. In the end, that’s what matters, isn’t it?” If his phony smile meant anything, it was that he clearly relished the meeting, so much that she almost pressed him on how he’d become involved in the case. If he was, in fact, the same person Kelsey Cameron had encountered, his ethical lapses weren’t limited to poaching—his association with university athletes posed a serious conflict of interest as a representative of Donald Lipscomb.

“Thank you for taking the time to deliver this payment in person. Please give Mr. Hubbard and Mr. McCaffrey my sincere appreciation for their professional consideration. Be sure to have Penny validate your parking.” She needed to stall him long enough to find someone in the office who could follow him to the parking garage to see if he drove a Porsche.

“It’s okay. I valeted.”

She pointed him back toward reception and walked briskly down the hall to Jalinda’s office. “Austin Thompson’s picking up his car at valet. Pink shirt, gray jacket. Get down there and find out what he drives.”

Back in her office, she buzzed for Hank.

“What’s up, chief?”

“I want to know everything there is to know about Austin Thompson.” She gave him a quick rundown of her suspicions. “If he’s the same guy that’s been running interference for these players, then he was working for the other side when he poached Donald Lipscomb. I’m filing a complaint to have him disbarred.”

* * *

For the first time since reluctantly taking over the spring production eight years ago, Celia was genuinely thrilled about their selection.
Spamalot
was the musical version of the Camelot parody,
Monty Python and the Holy Grail
. Its irreverent tone and cultural cachet would appeal more to Harwood’s students than Sondheim or Berlin.

She examined each item on the clothing rack for its potential as a medieval costume. “Nope…nope. Maybe. There ought to be more than this considering how many times we’ve done Shakespeare.”

Michael, who was digging through boxes of fake weaponry, replied, “Maybe that’s the problem. We’ve done so much Shakespeare, the costumes are worn out.”

Given their department head’s obsessive interest in the Bard, that wasn’t likely to change. He staged a Shakespeare festival every summer.

“Whoa! I think I just found Excalibur.” He drew a bulky sword, its wooden blade spray-painted silver. “Whoever plays King Arthur better be tall.”

Celia had assumed Michael would audition for that lead, since it had so many musical numbers. Truth be told however, he’d make a better Lancelot, a character who turned out to be gay.

Today was the first she’d seen Michael since the DA’s office got involved in the rape investigation. She’d heard from Theo they were starting off with interviews of the basketball players. “So how’s Gavin these days? I haven’t heard you talk about him.”

A wistful smile crossed Michael’s face. “He’s doing okay, considering. Coach T told him he might even be the first guard off the bench next year…but then all this business came up with the DA. Who knows what’s going to happen when they find out he’s the one who shared the video?”

It was a relief to hear he wasn’t planning on stonewalling the prosecutor. That was good for the case, but they were probably right to worry. It was hard to think Gavin would last once the others learned he’d ratted out their teammates.

“He’s doing the right thing, Michael. I know it’s hard to accept the fallout now…I have no doubt you’ll both feel better for it in the long run.”

He shrugged. “At least one thing’s easier now. He finally came out to his parents.”

“How’d they take it?”

“Not too bad. His mom cried and his dad went out for a few beers. Pretty much the same way mine did. But he thinks they’ll get over it.” He leaned against a sawhorse, his attention directed toward finding the exact point of equilibrium that would allow the sword to balance on one fingertip. “Straight people don’t get why that’s such a big deal. They have no idea what it’s like to have a secret that could destroy their whole life. Gavin used to worry his folks would cut him off. If he got kicked off the team, there’d be no scholarship to fall back on. It would have been the end of Harwood for him.”

While she was touched by his candor, it occurred to her he might not know she too was gay. Gina had been gone nearly a year before Michael and Hayley entered the performance studies program. “I remember when I came out to my mom. She said, ‘Well for God’s sake, don’t tell anybody.’ She was sure I’d never work in the business again. Looking back, I guess she was right…but that had nothing to do with me being a lesbian.”

Michael lit up with a broad grin. “I had no idea. No wonder I always thought you were so cool.”

His remark reminded her of what Theo had said about Little CeCe. That particular secret would stay in the closet where it belonged.

“It’s kind of how I ended up at Harwood. I was in a relationship with Gina Worley
when she was hired to be the women’s basketball coach. We came here as a package deal.”

“That’s so amazing.” His brow wrinkled. “But didn’t she, like…get fired?”

“She did, and now she’s coaching at Garfield College in Ohio. Doing pretty well, in fact. Twenty-four and six last year, so I’m guessing she’ll get another crack at a major program one of these days.”

“So you’re…”

“No, we split up right before she left. I’m actually seeing someone else now. Someone you know, in fact.” She couldn’t suppress her smile. “Theo Constantine, the attorney who took Hayley’s case to court.”

“Oh, my God!” The sword crashed to the floor as he slapped both of his cheeks, clearly hamming it up for dramatic effect. “That woman is so hot. I told Gavin he better not let me talk to her by myself or who knows what might happen. I can’t believe this.”

“No offense, but something tells me you aren’t her type,” she answered, laughing as her face grew warm from what had to be a colorful blush. It felt good to talk with someone about Theo, even in a joking manner. “It just goes to show, we never know when the people we meet will turn out to be important.”

“So true.” He went on to talk about Gavin, the first guy he’d ever dated who was a popular athlete. “The best part was finding out he was a decent human being too. It could have gone either way.”

She nodded, feeling the same about Theo. “Those are the kind of people we need in our lives…people who aren’t afraid to do the right—”

His phone played a brief drum roll with a cymbal, apparently a text notification. “Wow. Gavin says two Atlanta cops just showed up in the weight room and arrested Tanner Watson and Ruben Vargas. I hope that means they got Frazier and Caldwell too.”

* * *

“Thanks, Shane. I appreciate you taking my call.” Theo disconnected and dialed Celia back. “Okay, here’s what I know. All four are being charged with both rape and sexual battery…which I happen to think is a shitty idea, since it gives the jury an avenue to compromise. Sexual battery is just a misdemeanor, twelve months max. I’d much rather see them go all in on the rape charge, but they’re worried they might not get a conviction at all with so many Harwood fans in the jury pool.”

“What’s that other one…the shield law?”

“The Rape Shield Law. It’s against Ruben Vargas for publishing the identity of a rape victim in the video. Kind of a stretch but I like it. I think they’re using it for leverage.” She suspected the preliminary investigation had shown Vargas was also the one who supplied Hayley with the drugged drink. “He’s the youngest and he’s facing the stiffest charges. Shane might offer to drop the shield charges if he agrees to testify against the others. That happens—they all confess. Everybody gets five or six years in the state prison instead of twenty, but at least they do serious time.”

All that said, the announcement of an indictment was hardly a reason for a victory lap. Harwood University had shirked its duty to Hayley Burkhart and faced zero consequences. The next woman assaulted on campus had no reason to think they’d support her.

“Oh, by the way, I had a visit today from the asshole who poached my case. You won’t believe this—I think it’s possible he’s the same guy who threatened one of the women who called me after I went on TV. She was raped by a football player last year before Christmas…said this attorney showed up out of nowhere and told her she’d get sued for defamation if she went public. Just like Hayley said happened to her. I wouldn’t be surprised if it was the same guy.”

“Any way you can find out?” Celia asked.

Jalinda had arrived downstairs too late to see what he was driving, but Hank was checking with his DMV sources to see if Thompson owned a Porsche. “We’re working on it. What are you doing?”

“I’m here in wardrobe with Michael trying to pull together stuff we’ll need for our show. April will be here before we know it.”

“Maybe I should rephrase. What are you doing tonight? I can’t think of a single reason not to kick off our weekend on a Wednesday. You want me to swing by and pick you up?”

“Sure. Just call me when you’re in front of Forbes Hall.”

Over the past couple of weeks, Celia had accumulated several changes of clothes at her apartment, enough that she could last for several days without going home. Living together couldn’t be far behind, but Theo didn’t want to push the issue, since Celia had always been firm about going back to her place on Monday. Some people just needed time alone.

“Hey, chief.” It was Hank, who’d begun shaving on a regular basis after a couple of dates with Raynelle Willis, Harwood’s sexual assault specialist. “Just got a call from Bobby Hill, my contact over at the campus PD. He said the DA came by last Friday and picked up Hayley Burkhart’s rape kit.”