Tempting Fate

Chapter 15 - SWAK!

When Lucy appeared in court in Ville, she placed her umbrella in the huge vase in the foyer. Once inside the courtroom, she found it necessary to avert her eyes from the relentless, piercing gaze of opposing Attorney Remy Sebastian, seated at the defense table. She took a seat in the gallery, directly behind Prosecuting Attorney Duvet, busy at his counsel table. Her attention was drawn to a group of four boisterous individuals who had just entered the courtroom. Counselor Duvet turned to Lucy, observing, "You look pale, as though you have seen a ghost, Mademoiselle Andrews." 

"We need to talk, Attorney Duvet." 

"Court is about to begin so whisper it to me quickly, Lucy!" Duvet turned his left ear to her as she leaned over the banister railing separating the gallery from the attorneys. She cupped her hands around his ear and explained, "It's that group of four people. I'm not sure what name goes with what face, nor which is the real person of interest, but it is pertinent, as they were at Marcel's funeral. One of the men had a strange finger nail, broken perhaps by the lid of the humidifier at the scene of the—-" 

She was interrupted by Bailiff Philippe Georges. "All rise, the Honorable Judge Lamont Letour presiding." Everyone present respectfully stood, with the exception for the four who were lackadaisically filing through the gate that separated the forefront from the gallery. With total disregard for court room etiquette, the quartet boisterously joined Defense Attorney Remy Sebastian at the long counsel table opposite Duvet's. Lucy did not make eye contact with Remy although he stared at her.

Judge Letour pounded his gavel emphatically, nearly shouting, "For the record, Barrister Duvet is representing the district attorney's office and counselor Remy Sebastian is representing Marcel's family in this hearing investigating the death of Marcel. Settle your four clients, Counselor Sebastian, or I will have no choice but to hold all five of you in contempt of court! This behavior is unacceptable in my court room!" Judge slammed his gavel.

With two women and two men in the group, the women and the taller man looked similar to each other, sharing many of the same facial features. But the shortest man bore no resemblance to the trio. Both men were shorter than Remy Sebastian. All four were settled into their seats and order restored. The judge instructed Attorney Duvet to proceed. "Your Honor, at this hearing, the district attorney's office intends to prove, beyond a reasonable doubt, that the deceased did not die of natural causes, that Marcel was murdered; means, motive, and opportunity. I call Mademoiselle Lucille Ann Andrews to the witness box." Barrister Duvet beckoned Lucy who, taking the stand, raised her right hand to be sworn.

"Mademoiselle, with regard to the blue sweater evidence labeled exhibit S, what did Pierre Lecroix tell you about his acquisition of the blue sweater as evidence? And did he obtain it with a search warrant?" 

"He said he borrowed the sweater with the permission of its owner on a chilly morning in Ville, because it appeared to be the exact shade of blue as a small snag of yarn found at the crime scene. Pierre said he had just arrived in Ville and had not yet had time to obtain a warrant for the blue sweater, when the opportunity of a lifetime arose for him to borrow it without arousing suspicion. Pierre said that, when he had time to obtain a search warrant for the sweater, his plan was to return the sweater to its owner, simultaneously present him the search warrant, and immediately confiscate the sweater again, before the sweater's owner discovered the snag and dispose of it. Then it would be 'properly' obtained and admissible in court."      

Defense Attorney Sebastian interrupted Lucy, "Objection! Your Honor, without a prior search warrant it is considered illegal seizure of the sweater! The defense moves to disallow exhibit S, the blue sweater! As inadmissible evidence, it must be thrown out!" Remy Sebastian was adamant! 

Judge Nouveau announced, "I will wait to rule on the motion to disqualify the sweater until further evidence corroborates Lucille Andrews' testimony of its acquisition."

                                                                        ii

"Your Honor, the prosecution has proven, with the preponderance of evidence on the exhibit list, that, beyond a reasonable doubt, the death of Marcel was the result of foul play, intentional and with malice of forethought. He did not die of natural causes! The eventual DNA results of the broken finger nail, discovered in the humidifier in Marcel's bedroom, will prove an exact match with the DNA of one of the four defendants.

Mademoiselle Andrews, earlier you told me 'nail,' and I have here Exhibit Q, a fragment of finger nail discovered in the water of Exhibit R, the humidifier on the dresser in the deceased's bedroom. Please enlighten the court as to Exhibit Q's relevance to this case." 

Remy Sebastian objected, "Your Honor, this is extremely irregular!"

"Duvet, what does your witness intend to prove with this demonstration?" 

"Lucille Andrews could possibly make the entire case today, right now, and single handedly. The evidence to which she is directing the Bench is of a time sensitive nature, as the evidence is quickly changing, growing out. It is a piece of the puzzle which must be seen now."

"The objection is over ruled. I will allow this physical evidence. 'The four' are to be referred to collectively as such for the record. They will come forward, with their hands behind their backs, and listen to Lucille Andrew's instructions. You may proceed, Mademoiselle."  

"The four must close their eyes and place their hands high up on the Bench to be examined only by Judge Letour. Your Honor's examination will reveal one extremely short and misshapen nail, from which Exhibit Q was cut, torn, or broken by the humidifier's hinged lid. Examine both sides of their hands, as a fake nail may be concealing a broken nail. Plastic gloves must be worn on their hands afterwards. I observed the nail at Marcel's funeral because, two weeks before, I had accidentally damaged my own nail with the hinged lid of my travel coffee pot, similar in shape and size to the lid of the humidifier in the photo. At that time I placed a press-on nail atop my damaged nail to conceal it and to avoid questions from others."

The justice observed all the nails and instructed, "Gloves will now be worn and will not be removed until the four are back in their own respective residences. In light of this new evidence I am granting a continuance. Court is adjourned. Bailiff Georges will now sequester the four in my chambers. Witness Andrews and attorneys are dismissed to my chambers as well. A gag order is in effect immediately, admonishing the four from speaking to one another until further notice, due to the gravity of this matter. Bailiff Georges will supervise and enforce your mandated silence."

The magistrate followed the group, closing the door behind him and summarizing, "Mademoiselle, and you are still under oath, did you divulge to anyone the identity of the person with the damaged finger nail?" She shook her head no. "So, as of just a few moments ago, I alone, other than Mademoiselle Andrews and the alleged perpetrator among us, became privy to this finger nail information."

Lucy was hot to deny that she knew which of the two men had the torn nail when Bailiff Georges interrupted, delivering a sealed manila envelope to Judge Letour. He scanned the envelope's contents and warned, "Keep this absolutely confidential. In light of Marcel's recent demise, superior court has handed down information regarding the 'twins switched at birth' fiasco from thirty years ago."

Not privy to the information, Lucy was released to go home. Still in the dark about what the judge had said and nervously shaking from her day in court, Lucy arrived at the belated Marcel's house and dove into his pool to swim laps. She was bunking there during the inquest into his death. She sensed that someone was watching her!