The Third Victim Read online

“Yes.”

  “Not that I remember.”

  “What about later in the evening, at the hotel where the defendant was staying?”

  When his wife told the jury that he had approached her in the bar of his hotel, Alex leaned over to Regina.

  “That’s a lie,” he whispered.

  “Don’t interrupt while Allison is testifying,” Regina told him. “I need to concentrate. Write that down. We’ll go over your notes before I cross-examine her.”

  Robin concentrated on Allison’s testimony, making her own notes of points she thought were important. She also watched Alex write furiously when his wife testified about their sexual encounters, his profession of love, and his request that she move to Portland. When she testified that Alex bought her a ticket to fly to Oregon, Alex almost bored a hole in his paper with the tip of his pen.

  Kyle Bergland moved the testimony through the early months of their relationship and Allison’s decision to marry Alex. Then the DA focused his examination on the couple’s sex life.

  Robin watched their client out of the corner of her eye as Allison testified that it was Alex who had convinced her to try S and M. His hands curled into fists and he couldn’t contain himself any longer when Allison told the jury that she had agreed to be bound and burned with cigarettes even though she didn’t enjoy pain.

  “You have to do something,” Alex begged Regina. “Her testimony is a complete lie.”

  “I’ll expose her during cross.”

  “You have to. She’s burying me.”

  “If you didn’t like sadomasochistic sex, why did you agree to participate in it?” Bergland continued.

  Allison looked down. “I … I loved Alex and these … things made him happy. I wanted him to be happy. I wanted the marriage to work.”

  “When the defendant bound you to your bed, what did he use?”

  “Duct tape.”

  “Did he tear the tape off the spool with his teeth on occasion?”

  “Yes.”

  “And he used cigarettes to burn you?”

  “Yes.”

  “Did he ever try to cut you?”

  “Yes, but I told him I wouldn’t have sex with him if he did that, and he didn’t go any further.”

  “Did the defendant always have intercourse with you during these sadomasochistic sessions?” Bergland asked.

  “No. There were times where he masturbated while I was in pain from the burns.”

  Alex leaned over to Regina. “That’s a lie. We always had intercourse. I never masturbated.”

  “No further questions,” Bergland said.

  Regina stood up and walked to the witness box without conferring with Alex. Alex started to stand, but Robin put a hand on his forearm. Alex turned to her.

  “What about my notes?” he asked. “There are several points she has to make.”

  “Let Regina do her thing, Mr. Mason. That’s why you hired her.”

  Mason looked like he was going to protest. Then he sank down onto his chair. Robin had calmed down their client, but she was as worried as he was by the fact that Regina had dived into her cross-examination without taking time to confer with her or Alex.

  “The hotel where Mr. Mason stayed when he was in New York to take depositions was near the firm where you worked, wasn’t it?” she asked.

  “Yes.”

  “And every once in a while you and some of the other women in the office went to the bar at this hotel after work for drinks?”

  “Yes.”

  “And on the evening you met Mr. Mason, the other women left, but you stayed?”

  “Yes.”

  “Then you saw Mr. Mason at the bar and went over to talk to him.”

  “No. He came over to my table when the other women left.”

  “You’re saying, under oath, that you didn’t go to the bar and sit next to Mr. Mason and start a conversation with him?”

  Allison’s eyebrows arched up in surprise. “No! I wouldn’t have had the nerve to do that. I mean, he was an important lawyer and I was just a temp. It would have been inappropriate and I could have gotten in trouble if he complained, especially since he was suing the firm’s clients.”

  When Regina said, “Let’s talk about your sexual preferences” and didn’t pursue her previous line of questioning, Robin saw Alex’s shoulders sag.

  “You suggested these S and M games because they brought you sexual satisfaction,” Regina said.

  “No. I just went along with Alex because he wanted to do this, not me. I didn’t want anything to do with getting tied up or hurt. If Alex said I had anything to do with that, he’s lying, because I’d never do that.”

  “Why is that?”

  Robin couldn’t believe Regina had asked that question. The prime rule of cross-examination was that you never asked a question if you didn’t know the answer.

  Allison licked her lips. She seemed to be in great distress.

  “I’d rather not say,” she replied, her voice almost a whisper. “Can we discuss something else?”

  Robin was terrified that Regina was walking into a minefield, but there was no way she could stop her.

  “Your Honor,” Regina said, “please instruct the witness to answer my question.”

  Robin looked at Kyle Bergland. He had not objected and he looked like he was fighting hard to keep from smiling.

  “Yes, Mrs. Mason, you have to answer the question,” the judge said.

  Allison hunched her shoulders and seemed to shrink. She was either an excellent actor or her distress was real.

  “My … my father … he was in the army and he died in a car accident on his base. My mother remarried, but I was raised in foster homes because my … my stepfather … he molested me, and my mother didn’t stop him, so Children’s Services took me away.

  “And the molestation, it didn’t stop there. Another stepfather did it, too. That’s why I ran away. I couldn’t stand those men forcing themselves on me. That’s why it’s so hard for me to have sex.”

  Allison looked at her lap. The courtroom was completely silent.

  Robin looked at Regina. She didn’t look fazed, even though the answers had been devastating.

  “How did you support yourself after you ran away?”

  “Any way I could. I was a waitress. I taught myself to type and I did temp work. I modeled. I did get my GED and I wanted to go to college, but it’s very expensive.”

  “Where did you live before you moved to Manhattan?”

  “All around.”

  “Where specifically?”

  “Texas, New Mexico, Chicago. Like I said, all over.”

  “Chicago is one of my favorite cities,” Regina said. “How did you like it?”

  “I didn’t. It was too cold.”

  “What did you do there?”

  “This and that. I was a waitress.”

  “Oh, anyplace I may have heard of?”

  “I doubt it. I can’t even remember the name. I only stayed two months.”

  “Did you ever live in Florida?”

  Allison hesitated for a beat. “Yes.”

  “Can you remember any place you worked in Florida?”

  “It’s been a while and they were all short-term, low-paying jobs.”

  “So you didn’t make a lot of money as a prostitute?” Regina asked.

  Allison’s mouth opened and she turned bright red.

  “Objection!” Bergland said as he sprang to his feet.

  Regina held up a document.

  “I have a copy of a five-year-old Florida arrest record for prostitution for an Alexis Cooper and a mug shot that clearly shows that Alexis Cooper and Allison Mason are the same person. I can also call witnesses who will testify that Alexis Cooper and Allison Mason have identical fingerprints.”

  “An arrest can’t be used for impeachment,” Bergland insisted.

  “Your Honor, Mrs. Mason gave a list of jobs she held down and failed to mention this job. Additionally, she has testified that she didn�
�t like having sex. I think the fact that she worked as a prostitute contradicts that statement.”

  “I’ll allow the question,” the judge said.

  “I … I did work for an escort service a few times. I’m not proud of what I did, but I was desperate. I couldn’t get a job and … and I was going to be evicted.”

  Robin could barely contain herself. Regina was letting Allison run on with all these excuses when she should have been objecting.

  “I didn’t want to be homeless. That’s why I did it.”

  Allison dipped her head and it looked like she was going to cry. She took a sip of water. When she raised her head, she looked pathetic.

  “Now, you’ve told the jury that Mr. Mason told you he loved you when he was in New York.”

  “Yes.”

  “And he asked you to move to Oregon, but you had to think it over?”

  “Yes.”

  “Then you called Mr. Mason and said you’d fly out and he bought you a ticket?”

  “Yes.”

  “But he didn’t, did he?”

  “I don’t understand the question.”

  “Mr. Mason never bought you a ticket to Oregon, did he? You bought the ticket and flew to Oregon to try to trap him into marriage.”

  “That’s not true.”

  Regina handed the witness several documents.

  “This is a record of your flight to Portland. The ticket was purchased with your credit card, was it not?”

  Allison studied the paperwork. “Yes, I used my card, but Alex told me to. Then he reimbursed me when I got to Portland. So, you’re right. Technically, I bought the ticket. But I did it at Alex’s request and he paid me back.”

  Regina stared at Allison for a few seconds. Then she turned to the judge.

  “I have no more questions of the witness.”

  “Any redirect, Mr. Bergland?”

  “No, Your Honor.”

  “Then I think we’ll take our lunch recess. Please be back at one.”

  Regina returned to the table and stood while the judge left the bench.

  “I thought that went well,” she told Robin.

  Robin nodded and forced a smile, when what she really wanted to do was scream.

  CHAPTER THIRTY-NINE

  Jeff’s phone rang the next morning just as court was about to resume. The caller ID told him that Sean O’Hair, the PI Jeff had hired to keep an eye on Jacob Heller, was trying to reach him. Jeff stepped out of the courtroom and took the call.

  “He’s on the move,” O’Hair said.

  “What does that mean?”

  “He’s driving south and he just turned off the highway, headed east at the Salem exit.”

  “In the direction of the Masons’ cabin?” Jeff asked.

  “That’s why I called. Of course, there are hundreds of other places he could be going.”

  “Yeah, thanks. I’m on my way. Keep me posted if he goes to Whisper Lake.”

  * * *

  Two hours later, Jeff parked behind O’Hair’s car on the road that led to the Masons’ cabin and walked over to the PI. O’Hair was a short, thickset man with a barrel chest and a beer gut. He had curly gray hair and a bushy mustache.

  “He’s been inside for half an hour,” O’Hair said.

  “Do you know what he’s doing?”

  “I didn’t want to risk being seen.”

  “Okay. You packing?”

  O’Hair pulled aside his jacket to reveal a holstered .38 Special.

  “Is this guy dangerous?” O’Hair asked.

  “Only if he’s Allison Mason’s serial killer accomplice,” Jeff replied as he started walking toward the cabin.

  The two men had just walked into the yard when Heller walked out. He was making notes on a legal pad and didn’t see Jeff and O’Hair right away. When they registered, he stopped, startled.

  “Can I help you?” the lawyer asked.

  “Jacob Heller, right?” Jeff said.

  “Yes. Do I know you?”

  “You know my boss, Regina Barrister.”

  Heller looked back and forth between the two men. He seemed confused.

  “You know this is a crime scene, right?” Jeff said.

  “It’s also property belonging to Alex Mason. I represent his wife in their divorce and I came out to take a look at it.”

  “Let’s be honest, Jake. You’re not just Allison’s lawyer.”

  Heller’s brow furrowed. “What do you mean by that?”

  “Isn’t it against the State Bar’s ethics rules to sleep with a client?”

  “What!” Heller said.

  “Care to tell me what you and your client were doing in your room at the Holiday Inn airport hotel, last week?”

  “You’ve been following me?”

  “Not you. Mrs. Mason.”

  “And you think we’re … lovers?”

  “That’s what it looks like.”

  Heller stared at Jeff. Then he started to laugh.

  “What’s so funny?” Jeff asked, genuinely confused.

  Heller caught his breath. “I met Mrs. Mason at the hotel to go over some issues in her divorce because I had to fly to Los Angeles on short notice.”

  “You were together for over an hour.”

  “Yes, we were, but it was strictly business.”

  “We’ll see if the jury believes that when Regina gets you on the stand.”

  Heller smiled. “She’s not going to want to go there,” he said confidently.

  “And why is that?”

  “My boyfriend is an actor in L.A. He’s the understudy for the lead in a new play and the lead was hospitalized when a motorist ran into his bike. I flew down to catch opening night.”

  CHAPTER FORTY

  Meredith Fenner was wearing a conservative blue dress that looked a little large on her slight frame. The dress, her pale complexion, and the haunted expression she had worn since Caleb White found her made her look childlike. Kyle Bergland knew that the jurors would be horrified at what had been done to someone so vulnerable and that Regina Barrister would be a villain if she was too hard on his witness.

  “Thanks for helping with Meredith,” Carrie Anders told Harry White as soon as the detectives turned Meredith over to the prosecutor.

  “Don’t thank me. She’s been through hell, and anything I can do to make this easier for her…”

  Harry shrugged, as if accompanying Meredith to court was no big thing, but Harry had been looking for an excuse to see her again. He’d thought that Meredith would call him after she read through the case file he’d put together for her. He hoped it would make her feel better when she realized that a conviction in Alex Mason’s case was inevitable. But she had not called. This was probably good because of his attraction to her and the possible impact any relationship could have on the prosecution of Alex Mason. But there was part of him that wanted to keep in contact in hopes that something would happen between them when the case was over.

  “She’s been scared to death of having to face Mason in court, Harry. Seeing you sitting with Kyle will be a big help.”

  “What made you think of calling me?” Harry asked.

  Carrie smiled. “Meredith talks about you all the time. I think she may have a crush on you.”

  Harry laughed to hide his embarrassment, but he was elated. Maybe something would happen after the case was over.

  The door to Bergland’s office opened and Meredith, Bergland, and Vanessa Cole walked out.

  “Okay, people. The bailiff just called. We start court in fifteen minutes.”

  “Will Harry be in court when I testify?” Meredith asked.

  Harry suppressed a smile.

  “Definitely,” Bergland told her. “Witnesses aren’t allowed in the courtroom when other witnesses are testifying. The Court doesn’t want them to be influenced by what the other witnesses say. That’s why I called Harry before I called you. Since he’s testified already, he can sit at counsel table with me and you’ll be able to see him while
you’re on the stand.”

  Bergland put his hand on Meredith’s shoulder and gave it a quick squeeze.

  “Don’t worry. You’ll do fine. Mason can’t hurt you anymore. Not where he’s going.”

  * * *

  Court recessed and Robin took the opportunity to go to the ladies’ room. Just as she headed back, the elevator doors opened and Kyle Bergland and Vanessa Cole stepped into the corridor. They were followed by Detective Harry White, who had testified earlier in the trial. White surveyed the corridor. Then he said something to someone who was still inside the elevator car. When Fenner stepped out, she looked scared to death. She hesitated and White took her hand and led her toward the courtroom. Robin followed and noticed the way Fenner leaned into the detective and the tight grip she had on his hand.

  The reporters had gone into the courtroom and the corridor was empty. White and Fenner sat down on a bench at the far end, where they couldn’t be seen through the glass in Judge Herrera’s courtroom door. Robin cast a quick look at the couple as she passed by. Something about the way they were sitting suggested that there was more to their relationship than witness and detective, but she’d seen them for only a second. Fenner was obviously frightened and White could just have been comforting a skittish witness.

  Robin slipped into her seat at the counsel table just as the judge called court back into session and told Bergland to call his next witness. When Meredith Fenner and Harry White entered the courtroom, Alex Mason swiveled in his seat and stared at her. Meredith hunched her shoulders and looked forward. Then, just before she walked through the bar of the court, Meredith turned her head and looked at Mason for a second before looking straight ahead.

  Harry escorted Meredith to the witness stand before taking a seat next to Kyle Bergland. The bailiff administered the oath. Robin noticed that Meredith kept her eyes on Harry when she took the stand and never looked toward the defense table again.

  “Where were you born, Meredith?” Kyle Bergland asked.

  “Minneapolis, Minnesota.”

  “And you went through school there?”

  “I … I didn’t finish high school. I had to work.”

  “Why is that?”

  “My parents, they were killed in a car accident and I moved in with my aunt, who was on her own and didn’t have much money.”