Where Darkness Resides, page 16
“I know you think she’s my cousin. But I actually got pregnant. I hid it from you and papi.”
Marissa held back the tears. She didn’t want her emotions to overwhelm her during this critical moment. She wanted to be strong the way she always had been even if it was during her most vulnerable point.
“But I never saw you pregnant,” her mother commented. “You never had a baby bump. Nothing.”
Marissa acknowledged her mother’s confusion by gently nodding her head.
“Because I…if you remember, I left for Chihuahua very early in my pregnancy before I was showing. I told Tía Carmen about my pregnancy. She convinced me to go to Mexico and stay with her so I can take time away from work and decide what I wanted to do.”
“Why not stay here and talk to me and your father about it? We would have been there for you. I don’t understand.”
Her mother stood up as an anxious reaction to the situation and an unconscious way to escape from the reality of their conversation. She was about to pace the kitchen but this time when Marissa touched her forearm it caused her mother to bow her head and weep.
“I was ashamed because I wasn’t married, and I never wanted to be a single mom. I didn’t think you would approve,” Marissa admitted.
Mother and daughter embraced. At first, the embrace was gentle, but it tightened as the realization of what Marissa told her mother fully came to her understanding.
“I…I have a granddaughter,” her mother declared proudly but with restraint so as not to wake her guests, including Gabriela.
Hearing the proclamation, Marissa slumped in her mother’s arms.
“It’s not that simple, mom. Tía carmen and Tío Manuel adopted Gabriela. I signed the paperwork. She’s their daughter now, not my daughter.”
“Don’t be silly. They’ll give her back to you.”
“I…I don’t know if I want her back.”
“What do you mean? She’s your daughter. Of course, you want her back.”
“With my job, my career, it’s not that simple. I don’t know if I want Gabriela to be a part of my life. It’s too complicated.”
“Míja, I know it seems overwhelming. No one is ever prepared to have a child. They struggle with whether they can take care of it. It’s not like there’s a manual for raising kids. I certainly didn’t have a manual. I learned like everyone else. But your father and I can be there for you. We can babysit when you have to work late or like today be in trial. I don’t want you to miss out. Life is so much more fulfilling when you have someone who unconditionally loves you. It gives life more meaning.”
Marissa listened attentively to her mother’s advice even though she struggled with it and struggled with seeing herself as a single mom.
“But Carmen will be so disappointed in me if I…I just can’t. It’s not right for me to betray them in this way. They’ve taken good care of her. It’s not right for me to take Gabriela away from them. They love her so much.”
“They will continue to love her just in a different way. Just like you will love her in a different way once you are her mom.”
Marissa’s eyes gleamed although they also displayed her confusion and self-doubt.
Seeing her daughter this way, her mother volunteered, “I can speak with them if you’d like.”
“I…I haven’t decided yet,” Marissa admitted.
“It’s okay, míja. There’s no rush.”
Marissa’s mother moved Marissa’s bangs from her eyes, kissed her tears away, and gently kissed her cheeks. The two continued hugging.
32 DRIVER
Phoenix, Arizona
Later That Same Day
“Mr. Weaver, you were running a little late back to the resort, correct?” Doug Clarkson asked while standing in front of the plaintiffs’ counsel table.
His client, Selinda Hernandez, observed as the driver of the shuttle bus was on the witness stand. Although she had attended every day of the trial and saw Mr. Weaver every day with defense counsel, she wanted to watch as the man who killed her husband would finally be held responsible for hurting him and her family. It’s what she had waited for all this time.
“I…I was only a few minutes late. It wasn’t a big deal. At that time of day there were very few guests needing a shuttle bus. I don’t…if I remember correctly, dispatch told me no one was waiting for a ride. So, no, from my point of view, I wasn’t late.”
“Mr. Weaver, according to you, you weren’t late, but you were speeding at the time of the crash, weren’t you?” Mr. Clarkson asked with a confounded expression.
He turned to the jury and shrugged his shoulders.
“I don’t believe I was. I was going around the speed limit,” he nervously responded.
“If an expert were to testify, you were going over the speed limit and were speeding, you aren’t able to dispute that, correct?”
“It’s been a while since the accident. I can’t remember my exact speed at the time. I wasn’t looking at the speedometer. I would have been traveling at the speed limit and no more than a mile or two above the speed limit, if at all. It’s my habit to travel the speed limit and no faster.”
“Weren’t you speeding when you crossed into my client’s lane and rammed his car?”
“I didn’t ram his car. He came into my lane and hit me,” Mr. Weaver insisted.
The jury stared at him listening attentively to every word. They didn’t seem taken aback by Mr. Clarkson’s aggressive questioning. By the time Mr. Weaver was on the stand, they had gotten used to his style. It was more entertaining compared to the defense counsel’s methodology of questioning.
“We’ll let the jury decide that,” Doug said as he switched topics. “You were driving a shuttle bus, correct?”
“Yes, I was.”
“And it’s owned by the Regal Phoenix Resort and Spa, correct?”
“Yes.”
“You were a resort employee at the time of the crash, correct?”
“Yes, I was. I’m still employed by the resort.”
“Everything you did that day including getting into the crash with Mr. Hernandez was done in your capacity as an employee of the resort, correct?”
“That’s correct.”
“The shuttle bus is a huge vehicle compared to my client’s Lexus, correct?”
Mr. Clarkson stretched out his arms simulating how long the shuttle bus was and when mentioning the Lexus, he brought them closer together.
“It is about the size of a small school bus.”
“Doesn’t the shuttle bus have blind spots where you aren’t able to see vehicles in either lane next to you?”
“The shuttle bus has dual side mirrors with wide-angle glass on each side of the vehicle. It allows me to see everything to the left and right of the bus. If I move my head while looking in the mirrors there is absolutely no blind spot. None at all.”
Mr. Weaver was confident in his answer. He wasn’t sure if he was too confident and whether it was something that would come back to bite him.
“That assumes you’re paying attention, doesn’t it?”
“I pay attention when I drive. It’s what the resort is paying me to do. In the last twenty years of driving for the resort, I’ve never been in an accident. I’ve never even gotten a traffic ticket.”
Mr. Weaver remembered Marissa coaching him to volunteer this information at the pertinent time to educate the jury about his driving history. He held back a smile knowing she would be proud of him for bringing up these facts at this moment.
“So you didn’t fiddle with the radio knobs or any of the controls?”
“No, I did not.”
“Were you on the phone at the time of the accident?”
“We aren’t allowed phones. I leave mine in my locker.”
“Were there any passengers in the vehicle?”
“Just one,” he answered.
“And who was that passenger?”
“My wife, Rose.”
“Where was your wife seated?”
“She was seated in the nearest seat in the aisle across from the driver’s seat.”
“She was seated there because you could see her while driving, correct?”
“Yes. She often comes with me while I’m driving the shuttle bus.”
“You were talking to your wife while driving the shuttle bus back to the resort.”
“No, I wasn’t.”
“Isn’t it true Mr. Weaver you were distracted talking to your wife as the crash occurred and you rammed the bus into my client’s vehicle?”
“No, that isn’t true. That didn’t happen.”
“You did a great job on cross-examination,” Marissa told Martin Weaver during the break. “We just have your redirect and you’ll be finished testifying.”
“Thanks. This is exhausting, worse than my deposition,” he said while wiping sweat from his brow.
“He’s a lot more aggressive this time,” John added. “We think plaintiffs’ counsel is concerned he’s losing the jury and he’s trying to make it up during your cross-examination.”
“Great. He’s using me as a punching bag,” Martin fumed. “I’m just glad it’s over. There’s just one thing I want to know. Mr. Clarkson was questioning me so far away at the counsel’s table. Why wasn’t he leaning up against the witness box questioning me face to face?”
Marissa and John looked at each other and smirked.
“You’ve watched too much television. That’s totally fake,” Marissa said.
“Yeah, attorneys can’t do that,” John explained. “They can question you at the lectern or at the counsel’s table, but they can’t get right in your face or ask questions in front of the jury.”
“Really? I didn’t know that. I’m so surprised,” Martin admitted.
“It’s why I don’t watch legal dramas,” Marissa said. “I get upset when I watch them because I know they’re so fake and not realistic at all.”
“I’m the same way,” John said. “I guess TV shows do that for dramatic effect probably to keep both actors in the same shot or add some added tension and drama.”
“There’s enough tension and stress in a real trial,” Martin declared.
John put his hand on Martin’s shoulder to comfort and encourage him.
“We need to get back into the courtroom. Looks like the break is over,” Marissa said while turning towards the door.
“Martin, before the break, do you remember Mr. Clarkson asking if you were distracted by talking to Rose when the accident occurred?” Marissa asked.
“Yes, I remember that question,” Martin responded.
“Can you tell the jury if you were talking to your wife during the ride back to the resort?”
“No, we weren’t talking to each other at all for the whole trip.”
“Why is that?”
“Rose has Alzheimer’s…”
“Objection,” Mr. Clarkson announced as he quickly jumped out of the seat. “Your honor, may we have a bench conference to discuss this?” he asked.
“Counsel may approach the bench,” the judge commanded.
Doug Clarkson and Danica Bridgers walked to the bench along with Marissa and John. Both Martin and the jury watched as the parade of lawyers approached. However, they couldn’t hear what the attorneys were going to say because the judge turned on the white noise generator.
“Mr. Clarkson,” the judge said once all four attorneys were situated.
“Thank you, your honor. We don’t believe Mrs. Weaver’s health issues are relevant. In fact, it’s unduly prejudicial and solely designed to arouse sympathy in the jury. We request that your honor preclude Mr. Weaver or any other witnesses from testifying she has Alzheimer’s. This case is about which vehicle entered the other’s lane of travel and who caused the crash. Mrs. Weaver’s Alzheimer’s doesn’t make any material fact any more or less probable. Even if the Court is willing to accept the information as relevant, it is certainly outweighed by the danger that it unfairly prejudices the jury.”
“Your honor, if I may,” Marissa said once she realized Doug was finished with his argument. “Mrs. Weaver’s health condition is totally relevant. Plaintiff’s counsel opened the door when he cross-examined Mr. Weaver and insinuated he was distracted talking to his wife. Given the extent of her Alzheimer’s condition at the time, Mrs. Weaver had limited speech functions. She wasn’t talking to her husband and wasn’t distracting him like plaintiff’s counsel is insinuating because of her specific health condition. If we aren’t allowed to explain to the jury why she couldn’t speak with her husband, then the jury will have false information and will make the assumption they were talking to each other and may incorrectly conclude that Mr. Weaver was distracted. That’s extremely prejudicial to the Weavers, your honor.”
Before Mr. Clarkson could respond to Marissa’s point, the judge interjected, “Counsel you opened the door by asking the question if Mr. Weaver was distracted. Her health condition is relevant to the issue of distraction, and I will allow it. If you’d like, I can remind the jury that they are to decide this case based on the facts and not any sympathy for any party, including the plaintiffs or the defendants. Is that acceptable?”
“I’m fine with that, your honor,” Marissa said.
Mr. Clarkson also reluctantly agreed after realizing he’d lost the argument.
“Good,” the judge said and then reminded the jury about their role in deciding the case.
“Martin, can you finish what you were going to say before the bench conference with the judge?” Marissa asked.
“Of course. Rose has Alzheimer’s. She had it for years and has limited speech capabilities. She likes going on the rides with me because it brings her pleasure, but we don’t talk during those trips.”
“Were you distracted in any way by your wife when driving back to the resort?”
“No, not at all. She loves the rides and is so enamored by the views she is too busy and lets me do my job. She’s very proud of me.”
Martin smiled as he looked at the jury. His wife wasn’t present during the trial because of her health issues. Unable to smile at his wife made Martin sad. He tried to be strong for his absent wife at that moment and kept up his smile.
“Martin, were you able to speak with Mr. Hernandez after the accident?” Marissa continued.
“No, I wasn’t. By the time I exited the shuttle bus with my wife, got her to a safe place on the sidewalk, and walked to the Lexus, he was surrounded by paramedics.”
“Was Dr. Weimar with Mr. Hernandez when you approached?”
“I didn’t know who he was at the time. But having met him during the lawsuit, I now know he was with the group of people with Mr. Hernandez when I got to his car. They were treating him, and Dr. Weimar was getting into the ambulance as I approached.”
“Did you speak with Mrs. Hernandez at the scene of the accident?”
“Yes, I did. It was several minutes later. I don’t know exactly how much later. We…Rose and I were standing around waiting for the police to do their job and she walked up to us. She was very pleasant, smiling, and asked how we were doing. I told her we were fine and had no injuries except for the shock from the impact.”
“Anything else Mrs. Hernandez talked to you about?”
“Well, she said she was driving home. I thought that was strange since her husband was injured and was taken to the hospital. I would have thought she would drive to the hospital instead.”
“Are you sure she told you she was driving home?”
“I’m certain she said that. She even drove in a different direction from where the ambulance was headed. It was strange. Very strange.”
33 VIDEO
Isabela, Puerto Rico
The Same Day
When Pamela arrived at the Regal Isabela resort she was tired and not really looking forward to it. The long flight took its toll on her. She was stressed from having to leave her father again. This time, however, he wasn’t alone. At least her older brother, Cameron, was spending the weekend at her house to take care of their father. Even her sister, Milagros, agreed to drop by on occasion to check on their father. All of her family working together to care for her father brought Pamela some relief. Just not enough to keep her from worrying altogether.
The additional stress and worry wreaking havoc on Pamela’s mental health was caused by the unknown whereabouts of Daniel Mendoza. She still had not heard from him or learned what happened to him since she left Puerto Rico earlier the previous week. Her senior investigator, George, already traveled to Puerto Rico from Florida and laid the groundwork for her arrival. He was waiting for her in the lobby.
“How was your flight?” George asked as he grabbed her luggage and gave it to the hotel employee to place on the golf cart to take to the casita.
The accommodations were comped for Pamela by Gerald Ravan himself.
“Thank you, George. I’m a little exhausted. I tried to sleep on the plane. The flight was packed with no room to stretch out. I just couldn’t take the company jet back. It wasn’t right. Not when Gerry was still in Arizona visiting my father,” she explained.
George agreed.
Realizing the seriousness of her mission, Pamela composed herself, focused on why she was there, and asked, “What did you find out? Is Daniel still in the hotel?”
“I checked with everyone and even checked the casita you guys stayed in. He never left the resort. Not willingly, it looks like.”
George walked to the golf cart expecting Pamela to follow. She dreaded having to see the casita again but knew she had to eventually face the reality Daniel was missing. She reluctantly climbed into the golf cart and was driven to casita number seven. She opened the unlocked door to the casita and scanned the suite. No one was inside.
“It looks eerie,” Pamela said. “So quiet. I can’t believe I was just here. It seems so long ago.”
