by: MacSas
“Knock, knock”
Daisy opened her eyes at the sound of the deep male voice.
“Bret!” she laughed, sitting up.
The 6 foot 2 shadow walked into the light of the room and revealed a wide smile.
Bret Hart was a top criminal lawyer with his own practise in San Antonio. He’d taken Daisy’s first case against Lex after researching the man’s background. He was less than impressed by both the man and his business dealings. Lex dealt with high rollers and liked to have people believe that he himself was just as important. Anything that threatened that illusion was promptly dealt with. Hence, the predicament Daisy now found herself in. Along the way, Bret had gotten to know Daisy well, so that by the time the trial had concluded they’d developed a deep friendship. When they’d parted, Bret had feared that Lex wouldn’t be silenced, that he’d have another hand to play. He’d hoped he’d be wrong. But his instincts were rarely off the mark. It was what made him so good at what he did.
He walked to Daisy’s side and took her hand. “Fancy meeting you again so soon” he joked, kissing her cheek.
Daisy looked at Bret and shook her head. “You knew something like this would happen eventually”
Bret laughed. “And you know me so well”
They simply looked at each other for a moment.
“Well” Daisy finally said. “I guess Bo told you about Luke and Lex”
“Yeah” Bret answered, sitting in a chair at her side. “And off the record I say too bad it wasn’t a kill shot. On the record I say there are better ways to deal with these things”
“So, what are we going to do then?”
“Aha” Bret announced jokingly, raising a finger in the air. “I have a plan”
Daisy laughed. “And that would be?”
A nurse entered the room. “Excuse me, Miss Duke, the doctor says it’s time for you to test your legs”
“Meaning?” Bret asked, standing up.
“Meaning I get to take a walk” Daisy smiled, already throwing off the bedcovers. “I’ve been allowed to walk up and down the corridor each day, fifteen minutes at most. But it means I’ve been able to go to the dayroom and enjoy the sun.”
The nurse gave a cheery laugh as she assisted Daisy to her feet. “It’s her favourite time of the day”
“Well, that and pudding” Daisy added with a wink.
Bret laughed, offering his arm to his friend. “May I be your support, ma’am?”
“But of course kind sir” Daisy replied in a Scarlett O’Hara knock off.
The nurse smiled as they walked to the door. “Just remember” she addressed Bret. “To the dayroom at the end of the corridor, enjoy some sun, then back to the room in about thirty minutes. She’s not to get too tired either. And if you need help, just call”
“No problem” Bret nodded to the nurse as she left.
Bret adjusted his normally fast pace to Daisy’s more slow, steady steps.
“Are you in pain?” he asked, noticing the obvious limp and knowing of the injury to her side.
“Not much” she answered. “It’s more like an annoying sciatica pain. It comes and goes at odd times. I find it eases up a little if I move a bit. My problem is overdoing the moving right now”
“No kidding” Bret deadpanned. “That’s so unlike you”
Daisy gave him a playful jab in the ribs. “It’s frustrating, Bret. I have to take baby steps when I feel more alive running. I’m having to learn that thing called patience”
“Someone alert the media” Bret scoffed. “Your concept of slow is light speed to the average person”
“Hey, I can do things slow”
“Well, that’s an accomplishment”
Daisy pouted. “Getting me to go slow is an accomplishment?”
Bret laughed out loud. “Getting you to sit down is an accomplishment!”
They walked in companionable silence the rest of the way to the dayroom.
Bathed in afternoon sunlight, the dayroom was a cosy area with overstuffed armchairs, bookcases, a kitchenette and a television. Floor to ceiling windows made a wall that greeted them as they entered. Bret led Daisy to an unoccupied corner of the room and seated her.
“Want something to drink?” he asked.
“No thanks, but you go ahead”
As he turned to make coffee, Daisy reminded him, “You were going to tell me about your plan for Luke”
“Yeah” he said, glancing over his shoulder. “After your cousin, Bo, called I did a bit of research on cases like Luke’s. I think the best thing to do is use a provocation defence”
“Well, it’s a party” came a familiar voice.
Bret and Daisy looked up to see Bo coming towards them, a bunch of wild daisies in his hand.
“Oh Bo” Daisy rolled her eyes at the flowers. “How, er, thoughtful”
Bo swept his cousin into a hug and kissed her cheek. “What. Too obvious?” he asked with a hoot of laughter. “Bret,” Bo shook the other man’s hand, “good to see you again”
“Bo, Bret was about to tell me about Luke’s defence.”
“Oh” Bo took a seat across from Daisy and the lawyer. “You will be able to help him, won’t you?”
“I think so,” Bret said.
“Good. You know Daisy has such faith in your ability to argue a good point”
“She does, huh?” Bret asked, glancing at Daisy who rolled her eyes at him. “Well, I do try” he smiled.
“Yes, you sure do” Daisy joked.
Leaning forward, Bret laid out his plan to the cousin’s.
“I think the best idea is to present Luke’s case as one of provocation. That means we get the jury to see that Luke was provoked by Lex trying to kill Daisy. We can show the jury that Lex’s violent behaviour towards Daisy culminated with the attack at the cabin, and again at the hospital. This proves a build up of provocation. Luke felt he had no other way to protect Daisy, so he shot Lex. Obviously, being a military man, he could have easily made it a kill shot. But it’s in his favour that he didn’t. It shows that there was no intent to kill. I feel that the jury will see Luke as a man desperate to protect his cousin who had been hurt time and again; and a man who felt the system was letting her slip through the cracks”
“Great” Bo said, satisfied that it seemed so easy. He looked at Daisy. “What?” he asked, seeing her frown.
Daisy looked at Bo, then Bret. “What about duty to retreat?”
“What’s that?” Bo asked.
“Well,” Bret answered, “it means that if you have the chance to flee, you should. If you have that chance and kill the person anyway, you may have a hard time proving something like justifiable homicide.” He then shook his head as he addressed Daisy. “That doesn’t apply in this case though. Luke didn’t have any other way of stopping Lex”
Daisy disagreed. “There have been cases like Luke’s where the judge has decided that duty to retreat should have been a factor. I was called to work on a case of a woman killing her husband because he was beating her. The prosecution spun a brilliant case around the fact that it took this woman 3 minutes to find and then fire the bullet that killed her husband. They argued that instead of heading for the gun, she had time to leave the house and seek help from a neighbour. The jury agreed, she’s now doing 20 years”
“Um,” Bo started.
“Not relevant” Bret stipulated. “In Luke’s case there was no time to seek help. What was he meant to do? Push the call button frantically while you suffocated? Beside, in this country you are legally allowed to use deadly force to protect either yourself or another person from great bodily harm or death”
“Don’t quote the law to me, Bret” Daisy sighed.
“I have to ask” Bo said quietly, “are you behind Luke one hundred percent Daisy?”
For a moment there was silence. Bret shrugged his shoulders and stood up. He had noticed the look that passed between the cousins, and knew things could quickly get uncomfortable. He discreetly moved over towards the windows, turning his back on the pair to give them some privacy. As he sipped his coffee, though, he unashamedly listened in. In order for Luke to get through the trial, the Dukes would have to be solid in their support. Now was not the time to be divided. Bret needed to know they could stand united.
“Bo” Daisy hissed “you know darn well that I would do anything for Luke”
“Then why the rush to judgment?”
“Because I know what Lex is like. He won’t stop until he has blood on his hands. He knows the law and will use it to his own benefit, anyway he can”
“Still,” Bo argued, “a little faith in your cousin wouldn’t go amiss. You have no idea how much he has worried and beat himself up over this thing with you and Lex. He feels it is somehow blight on him that this happened to you. Like he should have seen it coming or something.”
When Daisy didn’t utter a word, Bo sat forward. “Daisy,” he whispered through clenched teeth, “he shot a man for you!”
Daisy looked up at Bo with tears brimming her eyes. “Don’t you dare lay that at my feet” she all but yelled. “I know Luke did what he had to do. I just want to make sure that we all know what Lex and his lawyers are capable of. He doesn’t pay them thousands for nothing, you know”
Bret decided now was a good time to remind them of their common goal.
“Guys, your both a little wound up. This is no ones fault. Keep your focus on Lex. Okay?” He looked at both cousins expectantly. Bo gave a sigh and sat back in the chair.
“Okay” he agreed, as Daisy nodded her head.
Bret thought for a moment. “We do have one other thing to consider”
“What’s that?” Bo asked, not bothering to lift his head.
“How do we defend Luke having a gun at the hospital in the first place”
“Oh brother” Bo mumbled. “May as well alert the undertaker now. Luke’s cooked
“Justification due to previous threats?” Daisy asked, ignoring Bo.
Bret nodded. “It could work. That fact that he only wounded Lex will aid that defence.”
“Okay” Bo said, sitting forward. “Where to from here?”
Bret sat back down. “We wait and see what Lex has his lawyers throw at us.”
“Well,” Bo said, rising to his feet. “I have to get back to the farm” He gave Daisy a small smile. “Someone has to keep the place running”
With a wave, he was off.
Bret and Daisy sat and talked a little while longer before Daisy asked him to take her back to her room.
“Are you okay?” he asked, her confrontation with Bo still on his mind.
“Mmm” she murmured. “Just tired”
“How are things between you and the Lieutenant?” he asked, as he once again matched his pace to hers.
She shrugged. “I really don’t know”
“What’s that supposed to mean?”
“It means I haven’t seen or heard from him since he hauled Luke off in handcuffs like he was some axe murderer”
Bret was thoughtful for a moment. “Maybe he’s a little worried about the reception he’ll get from you if he does visit”
“If he really loved me, he’d know better”
“Don’t you think the same could be said of you?”
When Daisy didn’t answer, Bret continued. “Come on Daisy. You’ve worked around cops, you know the drill. He did his job, his sworn duty. Ever thought it must’ve killed him to do that? What did you expect him to do?”
“I didn’t expect him to do any less,” she whispered. “But I don’t know how to deal with that, with him, now”
Bret opened the door to her room and waited for her to precede him.
As she held the end of the bed to steady herself, Daisy looked over at the bouquet of roses that Martin had had sent the morning of the shooting. The edges were starting to wilt and die. She stopped short of allowing her heart to compare itself to those poor petals. She sighed when she felt Bret’s hands on her shoulders, and put her head against on his shoulder.
“It will get better, you know,” he whispered.
“I guess so”
Bret turned her to face him. “Listen. This time Lex can’t escape. He’ll be out of your life. Luke will be fine. He’ll return to the farm and Bo will probably make him do all the chores for the next six months as payback.”
Daisy laughed as the picture Bret painted came to life behind her closed eyes. She rested her tired head against his chest as he held her in his embrace. “Your Uncle will rip strips off everyone for being left in the dark. Hogg and Roscoe will think themselves in the big league because they helped take down a big time criminal. And you and the Lieutenant” he paused to kiss her head, “will ride off into the sunset”
“Just like all good fairytales, huh?” she asked softly.
“Well, only the good ones are worth listening too” he whispered.
They stayed in their for a little while longer. Daisy focused on the strong steady beat of Bret’s heart beneath her ear. She looked up when a tickle at the back of her neck suggested she was being watched. She looked over at the door.
And saw Martin standing there.
He wasn’t smiling.