Blood Born Page 18

  “I have spoken to a woman who came to the SA unit. She was raped by some of the Harbourn brothers over a year ago.”

  Natasha sat forward and flicked open a folder containing a legal pad. “What’s her name? When can I see her?”

  “Hold on.” Violet’s name had to remain confidential. “At this stage she still refuses to make a statement, but the forensic evidence from her attack is kept locked in the SA fridge. I’ve spoken to her recently but until she officially comes forward, there’s nothing I can give you. She was involved with the family and is still terrified of them.”

  The prosecutor tapped her pen on the pad. “Not good enough. If she knows the family, maybe she can fill us in on some of their dirty secrets, give us something to go on. Can you put pressure on her?”

  Anya’s first thought was Giverny Hart and how she had been threatened with the weight of the law if she refused to testify. Violet didn’t deserve that treatment either. “I pushed my luck tracking her down in the first place.”

  Hayden considered, “Can you make a statement to the effect that there was a similar pattern of evidence in the attacks between this woman and Giverny?”

  “Everything was different. Giverny was randomly snatched off the street, this girl was linked to one of the brothers and was drinking with them when the rapes took place.”

  Natasha dropped the pen on the pad. “We’re back to having nothing. Even if she does agree to talk to us, it sounds like a disaster to prosecute. It would be her word against the family’s, no matter what the evidence shows. It always comes back to ‘he said, she said.’” She swiveled around to the window. “We have the murder weapon, but we also need something to connect the Harbourns to the Goodwins and the names of exactly who else was present. Without all of those things there’s virtually no chance of prosecuting.”

  Anya remembered the cropped top Zimmer found at the scene. It had a bloodied fingerprint on it. “What about the print on Rachel’s pink top? The one we think was used to gag her?”

  Hayden shook his head. “Fingeprint’s not on file. It doesn’t match anyone in the system.”

  “Aren’t all the brothers on file? Each of them has a criminal record.”

  “They should, I’ll double check that. Maybe someone else was at the scene that night, like Simon Vine, our phantom friend. So far we’ve only looked at the Harbourns.”

  “That’s because they only ever travel and hunt in a pack. The family’s like Medusa’s head,” Natasha said. “You cut one of the snakes off by sending it to jail and another one slithers up to take its place.”

  Hayden’s phone rang and he moved away to answer it. A minute later he returned to the table with a large grin.

  “We just got two breaks. It seems Noelene Harbourn’s been telling lies. Two of her sons were filmed at a bottle shop that night, nowhere near the Goodwin house when the girls were attacked. With Ian still in prison, that only leaves Patrick and Rick with Gary at the Goodwins. And Rick’s prints weren’t on our data base. It seems he had a juvenile file sealed at the mother’s request. We got a court order to access it. The print on the top was definitely Rick Harbourn’s.”

  “So we’ve just narrowed down which three were most likely to be involved.” Natasha smiled for the first time that day.

  “Now we crank up the pressure and see which one loses his head first,” Hayden said. “We’ll bring them in for questioning, then charge them.”

  Anya asked Natasha about prosecution for Giverny’s rape.

  “If we successfully prosecute the Harbourns for Rachel and Sophie, it will be easier to argue that pack rape is their specialty. But if we fail on the first trial, the chances of ever making them pay for what they did to Giverny Hart are too low to even contemplate. It all rides on convicting Gary, Rick and Patrick.”

  27

  Monday morning, Natasha Ryder strode into court and placed her briefcase on the prosecutor’s table. She looked formidable in her dark trouser suit and mauve shirt for the hearing to establish whether Gary Harbourn was fit to stand trial for the aggravated sexual assault and murder of Rachel Goodwin and the rape and attempted murder of Sophie.

  The bail hearing for Rick and Patrick hadn’t gone to plan. Both had been released on bail, their lawyers arguing that they had tried to stop their psychotic brother hurting the Goodwin girls. Rick’s juvenile file was not admissible and he gave some sob story about needing to support his family. Anya couldn’t believe he claimed his fingerprint was on the cropped top because he had removed it from Rachel’s throat, trying to save her life. With passports confiscated, both brothers had been released pending trial.

  It may have been cliched, but glasses made Natasha look wiser, and somehow softened her features, which no doubt made her look more sympathetic to juries. This hearing was to be heard in front of a judge, however. Natasha’s role was to convince him that Gary was mentally fit to stand trial. Whether he was insane at the time of the attack was for a jury to decide if the case went to trial.

  Trailing behind the prosecutor was a lawyer carting a trolley of files; he took a seat at the table.

  Across the aisle sat two lawyers, almost clone-like in appearance. Charcoal suits and single-colored ties, that, at least were each a different color.

  Gary sat unshaven, in disheveled clothing, no doubt to look the part of a mentally unstable character, despite the luxury of his psychiatric facility. It also hid the mole that had incriminated him.

  The press gallery contained a smattering of journalists, and the public gallery was empty apart from Noelene Harbourn and her supporters. Bevan Hart sat in the back row, with the junior Homicide detective, Shaun Wheeler. It didn’t surprise Anya that Giverny’s father had come to witness the trial, and his appearance with the junior detective was not unusual. Kate and Liz Gould would be testifying, not Wheeler, so there was no reason for him to be excluded from observing. Besides, victims and their families often relied on ongoing support from police to face the legal process.

  The court rose for Judge Philip Pascoe.

  Anya’s heart sank. He had a reputation for being old school but strongly advocated rehabilitation programs in lieu of tougher sentences, without appreciating that few such opportunities for prisoners existed due to funding constraints. Nevertheless, he continued to err on the side of minimum sentencing, even for repeat offenders. She had no idea about his sympathies toward cases involving the possibility of mental illness.

  From the number of age spots and deep lines on his face, he had to be near seventy, the compulsory age for retirement.

  Natasha’s confident appearance seemed to evaporate as he entered the room. She fidgeted with a pencil on the desk.

  The judge’s assistant outlined the reason for their presence, to establish whether Mr. Gary Harbourn was in fact fit to stand trial for the aforementioned crimes. After a lecture on the significance of the hearing and the responsibility of legal parties, the judge began to hear evidence.

  Natasha argued that Harbourn had been calculating and aware enough to flee a search at his home, and the defense played up the fact that he had been in his underpants, jogging at the time-hardly rational behavior.

  Anya was stunned to be called by the defense to recount what had happened when she had seen Gary in the hospital, and how he had behaved. All she could do was state the facts and hope the judge would pick up on the tremor not affecting Gary’s computer skills but preventing him from functioning in the presence of a psychiatrist.

  Natasha tried to lead Anya into stating her opinion, but the judge instructed the prosecutor to keep her questions relevant to the expert witness’s area of expertise.

  By the end of the day, Judge Pascoe had heard the evidence and retired to his chambers.

  The next afternoon, Kate called with good news and bad news. Pascoe had decided Gary Harbourn was fit to stand trial. The bad news: because of the severity of Sophie’s injuries and potential for further acute complications, he wanted to make sure the defense team had a
chance to cross-examine her, the key witness. It meant a rushed trial, making the prosecution’s work more difficult. Besides that, Pascoe was due for retirement in three months so he wanted the trial completed by then.

  He brought the trial forward to four weeks from Monday. Kate didn’t think it gave them enough time to prepare all the evidence for trial.

  Intentionally or otherwise, the judge’s decision had favored the Harbourns.

  Anya didn’t tell Sophie that when she went to visit her the next day.

  The morning of Rachel’s funeral, Anya had canceled appointments and stayed with Sophie so Ned could attend. Sophie had been too ill to go, even with a nurse and portable ventilator. Drifting in and out of consciousness, she had been unaware of what she was missing, using all her reserves to heal her shattered body.

  After that, Anya had made the effort to sit with Sophie Goodwin at least three times a week. With her breathing tube continuing to block, she had further surgery to replace and secure it. Then came collapse in the base of her lungs, which led to bilateral pneumonia over the following week. Despite making good progress, she was still battling to get through each day without further complications.

  Anya’s visits gave Ned a chance for a shower and a meal outside the ICU, which had become his second home. He slept in a recliner rocker that had been moved into Sophie’s room. Without enough rest, Ned Goodwin was facing becoming ill from exhaustion. Giving him a short break was the least Anya could do.

  She always took along a book to read, something she had loved as a girl herself. Sophie closed her eyes and drifted in and out of sleep as Anya read aloud from the story of Helen Keller, Pollyanna or Alice in Wonderland. AA Milne poems were a definite favorite.

  Sometimes Sophie would talk about her mother, and things she remembered from childhood. Rachel featured a lot in the conversations, but Sophie avoided becoming maudlin. If she had enough energy, they might watch TV. Inevitably, Sophie would fall asleep and Anya would sit and work on her laptop.

  Anya found herself growing fonder of Sophie, and the relationship had nothing to do with pity.

  The fourteen-year-old girl was naturally positive and managed to laugh at herself, even lying in an ICU bed. Sometimes she would remember something about the attack, or ask about the surgery or want more details about her injuries. Anya always answered honestly, even questions about whether any man would want to marry her, and what sex with someone you loved felt like. It was like having a little sister, one who had grown up far too quickly and painfully.

  As days passed, the fear of the trial and testifying occupied Sophie’s thoughts more and more. Although Anya tried to prepare her for what was to come, there was no escaping the trauma Sophie and her father were about to endure in the name of justice.

  28

  The morning the trial began, Anya listened from the back of the courtroom. Charges against the three accused were read out and each was asked if he was entering a plea. One of the defense lawyers stood and buttoned his suit jacket.

  “Your honor, my client, Gary Harbourn, wishes to plead not guilty on the grounds of insanity at the time of the offense.”

  The remaining lawyers stood in turn, declaring “not guilty” on behalf of their clients.

  Natasha arched her lower back, as if preparing for a physical battle.

  Judge Pascoe asked why the Crown intended to prosecute the three accused in the one trial. Despite his wearing glasses, Anya noticed his unnerving squint. The right eye deviated outward when he spoke.

  “Your Honor, we intend to argue that in the aggravated sexual assault and attempted murder of Sophie Goodwin, the three accused acted in a joint criminal exercise by committing the offenses together. In doing so, all of the participants are guilty of the same crimes, regardless of the individual parts played.”

  The defense lawyers argued for separate trials, no doubt to wear down the key witness. If she faltered or varied testimony over the course of several trials, they would have cause to discredit her. For Sophie’s sake, Anya hoped there would be only one. Repeated examination and cross-examination on the stand was more than any victim, particularly one who had suffered so much, should endure.

  Pascoe licked his top teeth. “In the interests of justice, I am granting the request to have a separate trial for Gary Harbourn. Rick and Patrick Harbourn will be tried together.”

  Natasha stood and objected. “Your Honor, we strongly object to separate trials. For the key witness, the possibility of appearing in separate trials will be devastating. She remains in intensive care following the attacks and is clearly traumatized by the violence perpetrated against her and the murder of her sister.”

  “I have made my decision,” Pascoe announced. “First on the agenda will be Gary Harbourn.”

  Before Natasha had a chance to respond, Pascoe turned to the bailiff. “You may excuse the other defendants and bring the jury panel in.”

  Before the pool of potential jurors entered, the judge turned to Natasha. “Ms. Ryder, I expect women in my courtroom to dress appropriately. You will wear a knee-length skirt when you next appear before me, not trousers as you are wearing today.”

  Natasha turned to her assisting attorney who widened his eyes in surprise.

  Anya chose to leave the courtroom then, bowing first to the judge before exiting. She couldn’t believe that Pascoe could be so brazen in his sexism. Mind you, she had seen senior surgeons behave the same way to junior female doctors, demanding they wear skirts for ward rounds. Equality still had a long way to go in the legal and medical professions. It didn’t make his comments any less offensive.

  Anya’s phone rang as soon as she turned it back on; it was Dan wondering if she’d been to visit his father again. Anya felt bad about it, but she hadn’t been able to fit it in yet. She told him about the trial starting.

  “Who’s your judge?” Dan asked.

  Anya answered and his prolonged silence said more than she wanted to know.

  “I have managed to avoid him so far, but he and Dad had some kind of run-in years ago. There’s no love lost between them now.”

  Anya promised to visit Dan’s father very soon and explained she had to go.

  Kate Farrer met her outside. “Are they stalling or going ahead?”

  “They’re starting on the jury pool.”

  Kate punched the air. “I was worried. Pascoe is hard on police and prosecutors. Knowing the Harbourns, I was sure they’d use every possible trick to stall again.”

  “He ordered separate trials for Gary and the others.”

  Kate’s elation was short-lived. “Can’t he see what that’ll do to Sophie?”

  “I’m not sure. Natasha has to prove Gary’s malingering and has never suffered from a psychotic episode.”

  Just then the prosecutor came out of the courtroom.

  “We’ve got a ten-minute recess. One of the jury panel’s absconded,” she said, pacing on the gravel outside the Supreme Court. She ignored cameras standing by, looking for the day’s scoop.

  “I’ll need you in there, Anya, as first witness. I want you to give your evidence while the jury’s fresh, and brace them for what they’ll see in Sophie’s first statement. We’ll play the tape before setting up the video link with her hospital room.”

  “Why separate the trials?” Kate pressed.

  The prosecutor glanced around before answering. “Pascoe’s not far from retirement and my guess is he’s going to give the defense a loose rein, to limit their chances of appeal. That way he’ll finish up with a clean slate. That’ll be pretty tough on us. We’ll have to prove the case beyond any possible doubt.”

  Kate glanced at Anya and knew she was on notice. No stuff-ups or mistakes.

  “I’ll need you tomorrow, Kate, all things proceeding,” Natasha added. “Make sure everything you found on that search warrant is within the terms of reference and legal. Anything less than kosher and the case will be thrown out of court. If the Harbourns get an acquittal, we fail and they walk away
, immune from further prosecution for what they did to Rachel and Sophie.”

  29

  After opening arguments, Anya took the stand and swore the truth oath. Natasha asked her to define her professional qualifications.

  Gary Harbourn’s lawyer, Joseph Stilton, interjected, “Your Honor, we accept the witness is an expert in the field of forensic medicine.”

  This was a common tactic employed when the defense didn’t want the jury to hear the full extent of an expert witness’s qualifications and experience.

  Anya looked across at the jury, comprising five women and seven men, all watching her intently.

  Natasha continued, “Can you please tell me how many clinical vaginal examinations you have performed?”

  “Through work at sexual assault units here and in England, I’ve seen over nine hundred alleged sexual assault victims. Prior to that, I reported vaginal injuries on over eighty female homicide victims who had been sexually assaulted.”

  “In your own words,” Natasha stood firmly behind the bar table, “could you please tell us what you found when you attended the homicide scene and observed Rachel Goodwin’s body?”

  Anya made eye contact with the prosecutor and described what she had seen when she arrived at the Goodwin home the morning after Rachel’s murder. She observed two jurors taking notes, while a middle-aged woman winced when she described the naked young woman and the way she had been tied to the blood-soaked bed.

  “I’d ask you, Doctor, to read from the post-mortem report and explain the injuries for the benefit of the jury.”

  Anya read the description of tears, lacerations and large contusions, and simplified descriptions and explanations of the terms.