Substantial Risk (David Brunelle Legal Thriller Series Book 5) Read online

  “Uncommon,” Brunelle repeated back. “So should Mr. Atkins be judged according to the way everyone thinks, or should his actions be judged by the standards of those who understand his and Tina’s uncommon bond?”

  Easy answer for Sylvan. Too easy, he should have realized. “Mr. Atkins’ actions should only be judged within the context, and with a full understanding of, his special relationship with Ms. Belfair.”

  Thank you, Brunelle thought.

  Brunelle’s next actions were done slowly and in silence, to draw everyone’s attention to them. He stepped back to his counsel table. He pulled two pieces of paper out of a manila folder he’d set atop his legal pad before starting his questions. He walked over to the clerk and had one copy marked as an exhibit. He stepped back over and handed the unmarked copy to Jacobsen. Then he handed the marked exhibit to Sylvan.

  “Are you familiar,” Brunelle asked the sexologist, “with something known as The Master’s Creed?”

  “Objection.” Jacobsen stood up. He tried to look casual, bored almost. Perturbed certainly. He didn’t want the jury to know how much this might hurt his case.

  Brunelle waited a beat, then looked up to the judge. “The basis for the objection?”

  Judge Quinn looked to Jacobsen. “What’s your basis, counsel?”

  “Mr. Brunelle is trying to confuse the jury, Your Honor,” Jacobsen replied. “He’s produced some made up ‘creed’ he found on the internet and he wants Dr. Sylvan to apply it somehow to the case at hand. That’s improper.”

  Quinn looked back at Brunelle. “Response?”

  Brunelle had been ready for the objection. “Mr. Jacobsen started down this road when he had Dr. Sylvan give his opinion that Ms. Belfair’s death wasn’t manslaughter. I should now be allowed to explore the basis for that opinion and challenge it.”

  Quinn closed her eyes for a moment. The case was on the edge of descending into the X-rated explicitness she had vowed to avoid.

  “I won’t get into details, Your Honor,” Brunelle offered. “If the witness could simply read the exhibit to himself, that should be sufficient for me to complete my examination.”

  Quinn opened her eyes again, and her mouth twisted into a tight not. But, after a moment, she ruled, “Objection overruled.”

  Jacobsen nodded and sat down. Brunelle moved in for, what he hoped would be, the kill.

  “Are you familiar with the creed printed on that document?”

  Sylvan tried to shrug it off. “I’ve seen several similar writings. I’m not sure if I’ve ever read this particular version. Probably.”

  “The basic point is that in this sort of uncommon relationship, the role of the Master isn’t just about being dominant during sex, correct?”

  Sylvan thought for a moment. “I think that’s a fair summary. They tend to emphasize the responsibilities of the dominant to his submissive.”

  “Because it’s not just about sex, right? It’s about the entire relationship.”

  Sylvan obviously liked that. “Correct,” he agreed quickly.

  Brunelle followed up almost as quickly. A series of questions delivered just quickly enough to encourage Sylvan’s agreement, but just slowly enough to make sure the jury could follow along.

  “The submissive loves her master, correct?”

  “Correct.”

  “And the submissive trusts her master, correct?”

  “That’s also correct.”

  “And the submissive gives up her body to the protection and control of her master, correct?”

  “Yes. That’s correct.”

  Then the reverse. The corollary. The whole point.

  “The master also loves his submissive, correct?” Brunelle continued.

  “Correct.”

  “And the master willingly accepts his submissive’s trust, correct?”

  “Correct.”

  “And in so doing, the master accepts the responsibility of protecting his submissive, correct?”

  Sylvan paused. But he couldn’t deny it. “Yes, that’s correct.”

  Brunelle finally paused, but only for dramatic effect. To make sure the jury was caught up, and paying attention. Then he delivered the pay-off question:

  “Mr. Atkins failed that responsibility, didn’t he, Dr. Sylvan? He betrayed Tina’s trust. He failed to protect her. Isn’t that right?”

  Sylvan thought for a moment. Then another. Then longer still. Too long. Everyone knew the answer he had to finally admit. “Yes, I suppose he did.”

  “A reasonable master should have known Tina was at risk and should have protected her, correct?”

  Sylvan paused again, but he wasn’t going to lie. “Yes. I suppose that’s correct.”

  So,” Brunelle summed up. “Judging Mr. Atkins within the context, and with a full understanding of, his special relationship with Ms. Belfair, he didn’t act like a reasonable master, did he?”

  “No.”

  “He was a reckless master, wasn’t he?”

  Sylvan paused as long as he could. Then admitted, “Yes. He was reckless.”

  No pause at all from Brunelle. “Tina Belfair died as a result of that recklessness, didn’t she?”

  Sylvan frowned. “I suppose she did.”

  “Tell me that’s not manslaughter,” Brunelle demanded.

  But Sylvan shook his head. “I can’t tell you that.”

  Brunelle nodded. “No further questions.”

  Chapter 41

  “How do you plead,” Judge Quinn asked Master Michael while the jury waited, ignorantly, in in the jury room, “to the reduced charge of manslaughter in the second degree?”

  Mid-trial plea bargains weren't the norm, but they weren't uncommon either. Every witness, every question, every answer, changed the odds of prevailing for one side or the other. Sometimes, overconfident defendants realize they might get convicted after all—especially when their own experts tell the jury they’re guilty. And sometimes, overconfident prosecutors realized that the defendant probably didn't see the risk and disregard it—he just should have seen the risk and didn't. That was negligence, not recklessness. And that was Manslaughter 2, not Man 1.

  Atkins looked to his attorney for confirmation and Jacobsen nodded. Atkins sighed and looked up at the judge. “Guilty.”

  Quinn nodded. Brunelle exhaled. Atkins steeled himself for the sentence.

  He had no criminal history, so he would get the lowest possible sentence. If he’d been convicted of Man 1, he was looking at seven to nine years. On Man 2, he’d only get 22 months. With good time, he’d only serve fifteen of those. He’d start at a minimum security prison, but after nine months, he’d be transferred to a work release facility. Six months later he’d be out on the streets again. It wouldn’t be the best fifteen months of his life, but it beat the risk of nine years on the inside. Especially after his own expert told the jury he was responsible for Tina’s death.

  Quinn imposed the 22 months, and Atkins was remanded into custody. That was the time the judge usually let the defendant say goodbye to his family before disappearing into the secured hallways that led to the jail. But Atkins didn’t have any family to say goodbye to. He’d killed her.

  No one else came to the watch the plea. Except Robyn. She sat silently in the back, looking through files as if she were working on her cases and only minimally aware of the proceedings. After Atkins was taken away, Jacobsen began packing up his things. Once the attorneys were also gone, the judge would bring the jurors out from the jury room where they’d been waiting and wondering what was going on, and explain to them that their services were no longer required. Brunelle supposed there was nothing more frustrating to a juror than to sit through almost an entire trial only to have the decision ripped away by the damned lawyers.

  Brunelle didn’t wait to shake Jacobsen’s hand. The defense attorney wasn’t looking his way anyway, and, more importantly, Robyn stood up and headed out into the hallway. Brunelle decided to skip the niceties with his opposing counsel and follo
w his lover out of the courtroom.

  She was waiting for him.

  “Well done, Mr. B,” she said with a light smile. “That’s a good result.”

  Brunelle smiled back. “For him or me? I would have preferred the Man One, but then again, I guess he would have preferred an acquittal. They say the best plea bargains are the ones when no one is happy.”

  Robyn smiled and nodded. “Yeah, I’ve heard that too. That’s bullshit.”

  Brunelle was taken aback by her abruptness.

  “The best plea bargains,” she declared, “are the ones that are just.”

  Brunelle’s smile returned. He nodded. “I guess that’s true.”

  Robyn cocked her head. “So, was that a just result?”

  Brunelle thought for a moment. He nodded again. “I think so. It would have been hard to prove he knew Tina might die and didn’t care. It’s more like he should have known there was a danger and he was too stupid that night to realize it. That’s probably what happened, so that was probably a just result.”

  Robyn stepped up to him. “I agree.” She kissed him on the cheek. “It’s hot that you seek justice.”

  Brunelle’s heart raced. He sought more than that. He grabbed her by the waist and pulled her against him, kissing her fully on the mouth. She didn’t resist, even in the courthouse hallway. But after a moment, she pulled away. Without another word, she tapped her finger on his nose and walked away.

  Brunelle watched her retreating form, remembering his views of her backside from the previous night. His heart, and other body parts, were swelling, so it was doubly shocking when he turned back to see Kat staring at him from the other end of the hallway.

  “Uh,” he started. “That’s not what it looked like.”

  Of course they both knew it was exactly what it looked like.

  “Larry called and told me you got your defendant to plead out,” Kat explained, her voice trembling at the edges. “I came down to congratulate you and see if you wanted to grab lunch.”

  “Lunch?” he repeated. As if that’s what they were talking about any more.

  “I guess,” Kat went on, “now I know why you’ve been so distant.”

  Brunelle wasn’t sure what to say. So he didn’t say anything.

  “I—” She was holding back the tears, but her fists were clenched and shaking. “I thought we—” But she couldn’t finish.

  “Look, Kat,” Brunelle started. “It’s complicated.”

  At that, Kat laughed darkly. Her voice found its footing. The edges were hard again. “No, it’s not complicated. It’s simple. Good bye, David.”

  She too turned and walked away. Brunelle again watched the retreating form and couldn’t help but remember better times.

  Jacobsen came out of the courtroom then. Maybe Brunelle should have said something. Congratulated him on a well fought trial, or something like that. But Brunelle ignored him and started back toward his office, his heart heavy and conscience upended.

  He couldn’t have cared less about that stupid fucking case.

  Epilogue

  Michael Atkins was in prison. Ron Jacobsen was on to his next case. Yvonne Taylor closed her investigation with a sternly worded warning letter. Kat Anderson didn’t return Brunelle’s one voicemail. And Larry Chen was deeply disappointed in his friend the D.A.

  And Robyn Dunn was still full of surprises.

  Brunelle hadn’t seen her for a few days. She’d also failed to return any of his texts or voicemails, of which there were many. He finally ran into her outside of the Pit one afternoon—after running her bar number and seeing what hearing she had that day. He didn’t try to kiss her again, not in the courthouse hallway, but he let his intentions be known.

  “So do you want to grab dinner or something?” he asked, a bit lamely. He knew it.

  She did too. “You mean,” she translated, “do I want to get together and fuck, and maybe we eat something beforehand?”

  Brunelle smiled self-consciously, but he didn’t correct her.

  So she corrected him.

  “Look, Dave. I think you’re a really nice guy. You’re a good lawyer and for a prosecutor, you’re not a complete ass.”

  Brunelle’s heart knew exactly where this was headed, but his brain latched on to the words to avoid acknowledging their purpose.

  “Uh, thanks. I guess.”

  “But you’re still a prosecutor,” she went on. Her slight smile faded. The dimple disappeared. “And I’m still a defense attorney. It’s fine that we hooked up a couple of times, but we can’t make this work. Not long term.”

  Brunelle started to argue but Robyn cut him off.

  “It was fun,” she said. “But it’s over.”

  Brunelle admired her honesty. And her candor. And he managed not to cry as she walked away.

  END

  The following is an excerpt from the next David Brunelle Legal Thriller:

  CORPUS DELICTI

  David Brunelle Legal Thriller #6

  Chapter 1

  The office of King County homicide prosecutor David Brunelle was silent, save the occasional squeak of a highlighter across a police report and the unrelenting din of the thoughts racing through his mind.

  He was distracting himself with the bad decisions of others in order to avoid consideration of his own mistakes.

  The phone rang.

  His eyes flew to the caller I.D.

  But it wasn’t Kat.

  It was Chen. And Brunelle knew it wasn’t a social call. Seattle P.D. Detective Larry Chen hadn’t been social with him since Brunelle had broken up with Kat Anderson, assistant medical examiner and all around great gal. Ordinarily, Chen probably would have sided with his friend of a dozen years, but it was the way Brunelle had ended the relationship that had angered Chen. By Brunelle not ending it before starting another. And lying about it.

  That new relationship was over too. Dying a sad, pathetic death literally days after Brunelle chose it over his one with Kat. So now he found himself alone, not nearly distracted enough, and picking up the phone to talk to someone who used to be his friend but now pretty much hated him.

  “Brunelle,” he answered the phone with just his surname. He was trying to sound cool and detached, not angry. He wanted Chen to stop being angry, more than anything.

  Well, more than almost anything.

  “Uh, hey, Dave,” Chen started. His voice was the truly cool one. Cool and distant. “I tried calling Fletcher, but he wasn’t in. Nicole said you were available.”

  Brunelle grimaced. Good ol’ Nicole. One part legal secretary, two parts counselor.

  “Nicole was right,” Brunelle answered, trying to sound comfortable. “What can I help you with?”

  There was a pause. Brunelle wondered if it was indicative of Chen being irritated at the suggestion of needing help, or of Chen reconsidering whether he really wanted help if it came from Dave Brunelle.

  “We've got a situation down at the station,” he eventually said. “It might be a homicide.”

  “Might?” Brunelle repeated. “You don't know?”

  “Well, it's kind of hard to tell,” Chen said. “That's why I'm calling.”

  Brunelle's eyebrows knitted together. Was this some sort of trick to get him to call Kat? “What does the M.E. say?”

  “The M.E. isn't involved,” Chen answered.

  That made no sense. “How is the medical examiner not involved? Any time there's a suspicious death, they take custody of the body.”

  “That's just it, Dave,” Chen finally explained. “There is no body.”

  End of Chapter 1

  Look for David Brunelle Legal Thriller #6, CORPUS DELICTI, coming in 2014!

  Other David Brunelle Legal Thrillers

  NOVELS

  Presumption of Innocence

  (David Brunelle Legal Thriller #1)

  Homicide prosecutor David Brunelle faces the most difficult case of his career. An innocent young girl is murdered in a heinous, unforgivable way. The
only evidence against the killer is the full confession of his accomplice—another young girl he also victimized. But the accomplice is charged with the murder as well, which means she has the right to remain silent. And she's so scared of the killer, she refuses to take a deal to testify against him. Brunelle can't just let the murderer walk, but how can he get a conviction when he has no admissible evidence and the killer is protected by the Presumption of Innocence?

  Tribal Court

  (David Brunelle Legal Thriller #2)

  A man is murdered in Seattle's Pioneer Square. The killer is caught just blocks away, blood still on his hands. When it's discovered that both killer and victim belong to the same Native American tribe, the tribe asserts jurisdiction and homicide D.A. Dave Brunelle has to prosecute the case in their Tribal Court. It's bad enough when the defense attorney claims the killing was justified under the ancient custom of 'blood revenge.' It gets worse when blood revenge turns into a blood feud. The bodies start piling up and it looks like Brunelle may be next. Can he stay alive long enough to win the case?

  By Reason of Insanity

  (David Brunelle Legal Thriller #3)

  Sometimes the easiest cases are the hardest. The defendant absolutely, positively murdered her own mother. She is also absolutely, positively mentally ill. Homicide prosecutor David Brunelle is tasked with holding her responsible despite the best efforts of her defense team, which includes a psychologist who's convinced she's innocent. As the case proceeds, the pressures mount and Brunelle begins to question his own sanity. Will Brunelle crack the case, or will the case crack him?

  A Prosecutor for the Defense

  (David Brunelle Legal Thriller #4)

  Seattle homicide D.A. David Brunelle has spent his entire career prosecuting criminals. But when his girlfriend, medical examiner Kat Anderson, asks him to go to California to defend her ex-husband on a murder charge, he just can’t say no to her.