The Pretend Boyfriend (The Pretend Boyfriend #4)(14)
Author: Artemis Hunt

Norma says heatedly, “Article 8 of the Human Rights Act establishes a right to respect an individual’s private life, including her home and what she has in it!”

“And may I remind you of the court’s decision in the case of Ableman vs Salidas, Your Honor? In the overwhelming light to establish the truth in the interest of justice, the court allowed the presentation of the evidence by the private detective. The evidence allowed the defendant, Martin Salidas, to be proven not guilty.”

Norma says, “But it was not so in the landmark case of Imerman v Tchenguiz back in July 2010. The Court of Appeal said it would not condone unlawful activity simply because it was feared that the other party will behave unlawfully and conceal that which should be disclosed. Any information gained through unlawful means should not be used in court.”

Sam’s heart sinks lower. So much hinges on this.

Karen says, “Your Honor, it is the court’s discretion to allow admissible evidence, even if it was obtained unlawfully, if it is in the interests of justice to do so. This discretion can be exercised in accordance with the significance or weight of the evidence in question, and with regard to the gravity of the law-breaking concerned.”

She looks meaningfully at the Judge.

Sam knows that underneath all that legal jargon, Karen is pleading with the Judge to allow this evidence because of Brian’s situation.

After a long pause, the Judge says, “I will take this under advisement.” He glances at his watch. “It’s time for a lunch break. We will reconvene in an hour. Both counsels . . . in my chambers . . . now.”

Sam watches as both Norma and Karen storm after the Judge into his chambers behind the courtroom.

Brian turns to Sam, his expression concerned. They hug over the divider, oblivious to the stares around them.

“What if he doesn’t allow this?” Sam whispers in Brian’s ear.

“Don’t worry about things you can’t control.” He smiles at her as he tucks a strand of her coppery hair behind her ear. “You hungry?”

*

Brian, Sam and Angelique have a quick sandwich lunch in the bistro downstairs. People keep glancing over at them, but do not approach, thank goodness. The situation is uncomfortable enough with Angelique in their midst.

Angelique is trying to make conversation. ‘Trying’ is the right word, because Sam thinks Angelique doesn’t do it very well.

“How long have you two been going out?” Brian’s mother says. It may have been an attempt to be casual, but from Angelique, it comes off as probing.

Sam doesn’t reply but looks instead to Brian. He takes a sip of coffee to compose himself.

“A little over a year,” he says.

Sam tries to meet his eyes, but he refuses to engage hers.

“That’s nice, Brian,” Angelique says. “It’s splendid to know you have been with someone this long. It must be a record for you.”

“Thank you for the observation, Mother.”

“And would you two be settling down anytime soon?”

Brian wears a funny expression that can be interpreted as ‘Help me out here’.

Sam quickly intervenes. “We’re not technically going out, Mrs. Morton. We’re just really, really good friends.”

Angelique’s features soften. “You’ve done a lot for my son, Samantha. I want to thank you for that.”

“I’m not sure it will be admissible in court.”

Brian says, “Sam was arrested for what she did, Mother.” He closes his hand tightly over Sam’s. “I don’t think I can ever repay her for that.”

You tried to, Sam thinks, tears coming to her eyes. She quickly blinks them away. She’s getting super-emotional lately. She’s glad she isn’t on the stand.

Karen Sandler is nowhere to be seen during lunch. Brian checks his cellphone, but there are no messages from her either.

“Must be quite a long session in the Judge’s chambers,” he says guardedly.

After lunch, they are quite subdued when they troop back to the courtroom. Everyone else resumes their seats. Karen and Norma reenter the courtroom. Karen takes her seat beside Brian at the defendant’s table and whispers something to him. Sam can’t hear what it is, but she can tell that Karen appears quite anxious.

Sam tries to quell the negative thoughts that threaten to spring up like weeds.

Judge Cowan returns.

“All rise.”

Amid the scrapes of chairs, everyone rises, and then sits again as the Judge takes his place.

After a few introductory recaps, he announces, “Due to the nature of the evidence, which was unlawfully obtained and which contravenes Article 8 of the Human Rights, which is the right to respect an individual’s private life, including her home, I have moved to strike it off. The photographs may not be used in court.”

A collective murmur issues through the crowd. Sam’s spirits sink.

Damn.

It is up to Brian now to prove Delilah’s malicious intent.

Then there’s the issue about the other piece of ‘evidence’. The one that is coming up. Is the Judge going to strike that one off too?

11

The next day, Brian has to sit through the rest of the prosecution’s witness testimonies. Norma Hennessey has called Manny, the doorman of his apartment building.

Manny testifies – all the while looking at Brian sheepishly – that Delilah had indeed run out of the elevator doors that fateful night. Her mascara was streaked and her hair was in a mess. There were scratches on her arms and chest that he could see above the swelling of her br**sts.

“I tried to stop her to ask her what happened . . . but she was crying and shaking her head. She ran to the parking elevators. I debated whether or not to call the police – ”

He eyes Brian again with a guilty expression on his scrunched features.

“And why didn’t you?” Norma Hennessey says.

Manny hesitates.

Brian nods. Just tell the truth, it’s OK.

“I wasn’t sure what was going on. Mr. Morton . . . he has always been good to me. Polite, always. I wanted to give him a chance to explain. And it’s the first time this has ever happened with one of his ladies – ”

“That will be all, Mr. Polchek. Your witness.” Norma nods at Karen.

Karen stands up.

“You were going to say something about Mr. Morton’s ladies, Mr. Polchek. Please continue.”

Manny says apologetically, “Mr. Morton . . . he was always good with the ladies. He usually brings plenty of ladies home.”