Chapter 50 "Three Counts"
Ember
A woman approached mid-thirties, wearing a wrinkled suit and carrying an overstuffed briefcase. Her hair was pulled back in a messy bun, and she had the exhausted look of someone who'd been up all night.
"I'm Rebecca Bennett , your public defender. We have about five minutes before your arraignment, so I need to talk fast. Come with me."
She led Ember to a small consultation room barely larger than a closet, with a table and two chairs.
"Sit," Benneth said, already pulling out files. "Okay. So. Three counts of first-degree murder. That's... not great."
"I didn't do it," Ember said immediately.
Bennett held up a hand. "Let me stop you there. Whether you did it or not isn't relevant to today's proceedings. Today is just an arraignment you'll be formally charged, you'll enter a plea, and the judge will make a decision about bail. We're not arguing guilt or innocence today."
"But I need people to know I didn't"
"I understand. And we'll have time to build a defense later. But today, we need to focus on getting you out of custody if possible, or at least getting bail set at a reasonable amount."
Bennett flipped through her files. "Here's what I know: the prosecution has security footage placing you at or near three crime scenes around the time of death. They have witness statements from people who saw you with at least one of the victims. They have" she paused, frowning at something in the file. "They have some kind of forensic evidence I'm still waiting on details about. Something about marks on the victims' bodies that match... something. The report is incomplete."
The scarlet marks. The rose burned into their skin.
"What I don't have," Bennett continued, "is any evidence that directly contradicts their timeline. Do you have alibis for any of these dates?"
Ember shook her head miserably. "I don't remember those nights. Any of them."
Bennett pen paused mid-note. "You don't remember?"
"I have... gaps. In my memory. I've been having blackouts."
"Are you on any medication? Drugs? Alcohol?"
"No. Nothing. I just, I lose time sometimes. Hours at a time. I don't know why."
Bennett was quiet for a moment, studying Ember's face. "Have you seen a doctor about this?"
"No. I didn't think it was... I mean, before all this, I didn't think it was that serious."
"Okay." Bennett made more notes. "We might be able to use that. Medical condition causing memory loss, inability to form intent, possibly even an insanity defense down the line"
"I'm not insane," Ember said sharply.
"I didn't say you were. But if we can demonstrate that you weren't in control of your actions"
"I didn't kill anyone."
Bennett sighed, closing her file. "Listen, Ember. I want to believe you. I do. But the evidence is strong. Very strong. And right now, my job isn't to prove your innocence. My job is to get you the best possible outcome given the circumstances."
"What does that mean?"
"It means we need to think strategically. The prosecution is probably going to offer a plea deal at some point. If they do, we should seriously consider it."
"A plea deal? You mean admit to something I didn't do?"
"I mean take a reduced sentence instead of risking life in prison. Ember, I've been doing this for eight years. I know how these cases go. With evidence this strong, if this goes to trial, you'll probably lose. And if you lose at trial with three murder charges, you're looking at life without parole. Maybe even the death penalty, depending on how the DA wants to play this."
Ember felt like the walls were closing in. "You're supposed to defend me."
"I am defending you. By being honest about your options." Bennett's voice softened slightly. "Look, I know this isn't what you want to hear. But I need you to understand the reality of your situation. Sometimes the best defense is accepting a deal that keeps you alive and gives you a chance at freedom eventually."
Before Ember could respond, someone knocked on the door.
"Bennett? They're ready for Winters."
"We'll be right there." Bennett stood, gathering her files. "Okay. Here's what's going to happen. You'll stand before Judge Harrison. He'll read the charges against you. He'll ask how you plead. You say 'not guilty' for now"
"Because I am not guilty."
"Right. Then the prosecution will make their case for why you should be held without bail. I'll argue for bail to be set at a reasonable amount, or for release on your own recognizance. Given the severity of the charges and the strength of their evidence, bail is unlikely. But I'll try."
"And then?"
"And then you wait. Trial prep takes months. Could be six months, could be a year before this actually goes to court. In the meantime, you'll be held in county jail unless you can make bail."
Six months to a year. In jail. Waiting.
Ember felt dizzy.
"Let's go," Bennett said, opening the door. "Remember stand straight, speak clearly when the judge asks you questions, and don't show emotion. Judges don't like dramatics."
Don't show emotion. Don't let them see you break. Everyone kept saying that.
As if Ember had any choice. As if she wasn't already shattered into a thousand pieces.