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Just Take My Heart - Mary Higgins Clark [69]

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to see how it feels to put my feet up on your desk.”

Ted Wesley was clearly in no mood for humor. “As I told you ear?lier, I could only stop by for a few minutes. Enjoy the rest of the evening.”

He got up abruptly.

He never did get around to wishing his cousin a happy birthday, Emily observed. The waiter was handing out menus. They ordered, and the tension began to dissipate for everyone, except the birthday boy, who, Emily could see, was still rattled by both his girlfriend's stupid comment and his cousin's chilliness. Fortunately for Donna, she was oblivious and having a good time.

The food was delicious. As the evening went on, Billy seemed to get over his anger. He joked that Donna, who was drinking only soda, was his designated driver, and helped himself to four generous glasses of wine.

Dessert consisted of Billy's birthday cake, served with coffee. As they finished and got ready to leave, Trish told them the prosecutor had called her this afternoon and told her to put it on his tab.

Billy smiled and said, “That's my cousin, my best buddy since we were little kids.”

And you're an embarrassment to him, Emily thought. I just hope you don't end up being an albatross around his neck. She realized how deeply upset she was about what she had learned at this dinner.

First, he was obviously at odds with his partner, Jake Rosen, a fine and ethical investigator. Second, he had given Easton a quotable quote for the jurors about not giving the money back to Aldrich.

And finally, a birthday wish had been to keep doing “whatever it takes to get the bad guys.”

“Whatever it takes,” she thought.

And what does that mean?

Just Take My Heart

46

At 11:15 on Thursday morning Emily received a call from Judge Stevens's secretary that the jury had sent a note to the judge. “Is it a verdict?” Emily asked, anxiously.

“No, it's not a verdict,” the secretary replied. “Judge Stevens wants to see you and the Moores in his chambers in five minutes.”

“Okay, I'll be right up.”

Emily made a quick call to Ted Wesley's office to let him know that something was happening.

Ted got on the phone. “Verdict?”

“No,” Emily said. “It could be a request for readback or it could be a hung jury. If they're saying they're hung, I'm sure that Moore will move for a mistrial.”

Before she could finish what she was going to say, Wesley said angrily, “You object to that. They've only been out a couple of days, after weeks of trial.”

Emily tried not to sound irritated. “That's exactly what I plan to do. Of course, I will argue that they should be instructed to continue to deliberate. Anyhow, I don't think Judge Stevens would do it this soon.”

“All right. Good. It's much too early to let them throw in the towel. I'll see you up there.”

A few minutes later, Emily and the Moores were in Judge Ste?vens's chambers. The judge had the note in his hand and read it to them: “Your Honor, we would like to hear the testimony of Jimmy Easton and Gregg Aldrich again. Thank you.” The note was signed by juror number one.

“I've notified the court reporter and she'll be ready to go in about fifteen minutes,” Judge Stevens told them. “Both witnesses gave lengthy testimony, and I anticipate that the readback will take the rest of the day.”

Emily and both of the Moores agreed. They thanked the judge and went out to the courtroom. Ted Wesley was standing by the prosecutor's table. “We're going to have readback of both Easton and Aldrich's testimony,” Emily informed him. “It will take the rest of the day.”

He looked relieved. "Well, that's a lot better than a hung jury. If it's going to take all day, and the judge then sends them home, you’re obviously not going to get a verdict today. All right. I'm out of here, he said briskly.

With the jury seated in the box and intensely attentive, Easton’s testimony came first. Emily cringed as the court reporter read back his flippant answers about the nonrefundable deposit. This is sup?posed to be Easton's testimony, but I wonder how much of it is really from Billy Tryon, she asked herself.

The court reporter finished Easton's

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