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Conflict of Interest
by Nancy Taylor Rosenberg

or TWO years Joanne Kuhlman had gone to bed each night not knowing whether her children were dead or alive. That morning, Leah, her fifteen-year-old daughter, had made her so angry that Joanne had felt like shipping her back to her father. Even if she'd been serious, the man was currently in jail and would more than likely be sentenced to prison.

Exiting her white Lexus, Joanne jogged toward the main entrance to the Ventura County courthouse. She wondered how many people in her office knew abou the situation with her ex-husband. Worrying about gossip, she told herself, should be the least of her concerns. Her prayers had been answered- Leah and Mike had been located and returned. The fact that Doug's first trial would be held in Los Angeles was another reason she should be grateful. At least the divorce was final now. The papers had come through the previous month. Joanne had filed over a year ago, yet with Doug's whereabouts unknown, the proceedings could not be finalized.

At thirty-nine, Joanne was a petite and youthful-looking woman, with shoulder-length chestnut-brown hair, pronounced cheekbones, and large hazel eyes. Naturally slender, she self-consciously tugged on the hem of her jacket. In less than three months, she had gained ten pounds. People said she looked great. She didn't mind having a curvaceous body, but she couldn't afford to buy a new wardrobe.

Pushing her way through the heavy oaks doors, Joanne leaned against the back wall to catch breath. Leah was shifting from one behavioral problem to the next. The night before, she'd decided to go joyriding, then failed to turn the headlights off once she returned home. The battery on the Lexus had been dead that morning. With the help of their neighbor, Emily, Joanne had scrounged up a pair of jumper cables in the cluttered garage and managed to get the car started. The court hearing had been scheduled for nine, however, and it was already nine-thirty. Joanne was not only late, but she had a run in her nylons and a grease stain on the front of her turquoise blazer. Thrusting her shoulders back, she shook her hands to release the pent up tension, then strode briskly down the aisle to speak to the bailiff.

"Did Judge Spencer get my message?" Joanne asked, glancing over her shoulder at the defense attorney and his three clients. "My car.."

Officer John Shaw was a stone-faced redhead in his late twenties. He tapped his watch with his finger, his voice as flat as his personality.

"The longer he waits..."

"Right," Joanne answered, feeling idiotic for offering an excuse, particularly to the bailiff. Unless something unexpected occurred, Shaw's job consisted of saying a few words and the standing around like a statue.

Shaw plucked a piece of chewing gum out of his mouth, wrapped it in a scrap of paper, then tossed it across the room into the trash can.

"Are we ready?"

Joanne was leaning over, yanking her paperwork out of her green nylon backpack. Her co-workers made fun of her, telling her she looked more like a camper than an attorney. Compartmentalized to hold file folders as well as her laptop computer, the backpack had been a birthday present from her father. For years, she had lugged around the heavy litigation cases or costly briefcases. Next month would mark her ten-year anniversary as a prosecutor. Image no longer mattered. All she cared about was distributing the weight evenly on her back. "No, John," she said facetiously. "I thought we'd just sit around and shoot the breezefor the next half hour."

The bailiff's jaw dropped, but he knew to keep his mouth shut. Joanne Kuhlman might be slightly frazzled today, but she was a major player in the Ventura County judicial system. Although she'd declined for personal reasons, she'd been offered a judgeship the previous year. Everyone knew she was renting Judge Spencer's beach house, and had even become friends with the presiding judge's wife who lived next door.

Anne McKenzie, the court clerk, was a pretty blonde with dove-grey eyes, and a pleasant disposition. Dressed neatly in a white shirt and black sweater, she took over for the bailiff. "Are you serious, Ms. Kuhlman? Should I buzz Judge Spencer or do you want us to wait for you to get organized? I've already called the jury room."

Picking up her pen and jotting down a few notes to herself, Joanne answered without raising her head. "I assumed you notified Spencer as soon as I got here." When she discovered her pen had run out of ink, she threw is aside and grabbed another one.

"I just thought..."

A muscle in Joanne's face twitched. She started at the clock mounted on the wall over the clerk's console, the minutes clicking off inside her head. "I appreciate your consideration, Anne," she said, attempting to smile.
"We should begin immediately, though, don't you think?"

Her neighbor had lectured her over the hood of her car that morning. "A human being can only take so much stress," Emily Merritt had told her. "You need to take yoga classes, mediated, book yourself a nice vacation."

Emily was married to the persiding judge, Kenneth Merritt, a man twenty years her senior and extremely wealthy. She knew Joannes's predicament. When you lived at Seacliff Point, everyone knew your business. The community consisted of only thirty-three homes, the lots so narrow, they could hear each other's toilet's flushing.

Judge Kenneth Merritt had inherited the fifty-acre parcel of prime coastal real estate from an ancestor, then later sold lots to handpicked individuals, most of them friends or family members. Unlike Joanne, Emily spent her days shopping, sunbathing, or playing bridge at the only commercial establishment Merritt had allowed behind the gates at Seacliff Point, a spectacular structure he had named the Cove.

Perched on a cliff above the water, the Cove was shaped in the form of a star, with the rooms branching out in five different directions. The building was supported by enormous steel poles imbedded deep into the core of the rock's surface. Merritt boasted that the Cove was sturdy enough to withstand a major earthquake.

© 1996 Penguin USA

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