Page 42 of Benjamin and the Thief

“Santiago Vargas,” Catalina helped.

“Yes, yes, now I remember. Is this about his case?” She motioned toward an inbox with unopened letters. “Is he requesting we file an appeal? I can tell you right away that if there’s no new evidence⁠—”

“It’s not about an appeal,” Benjamin interrupted. “I’m Benjamin LeSang. Miss Vargas has hired me as an investigator to look into the handling of her brother’s case.”

“The handling?”

Gloria’s voice inched an octave higher, while her eyebrows rose, and her back straightened.

“I can assure you that the case was handled properly.”

Outright indignation colored her voice, and Catalina felt uneasy. She didn’t like confrontation.

“Miss Evans,” Catalina started. “We’re just here to find out if there was anything else that could have helped prove my brother’s innocence.”

“If there had been, I would have brought it up in court,” she said, her voice clipped.

Then she motioned to the files around her.

“Do you have any idea how many cases I handle simultaneously every single week?”

“We understand, Miss Evans,” Benjamin cut in, his tone conciliatory. “We’re just trying to understand why you didn’t bring in your own expert witnesses who could have contradicted the prosecution.”

“To contradict what? That his fingerprints were all over the walk-in closet where the safe was located? Or that it was him on the security tape? I don’t waste the city’s meager budget when the evidence is indisputable.”

“I see. And you didn’t think it would be important to call any character witnesses for Santiago?”

Gloria huffed. “His boss refused to testify to his character. The Prestons are his customers. He didn’t want to piss them off. In this economy, nobody can blame him. He couldn’t afford to lose them or any of the customers they referred to him. As for any other character witnesses, there were none.”

“I could have testified,” Catalina said.

Gloria turned her face to her. “As I told you back then, it would have meant that the prosecution could cross-examine you and ask you about the deportation of your parents. It was bad enough when the prosecutor pointed it out in his opening and closing statements. To put you on the stand would have meant exposing your and Santiago’s need for money even more overtly.”

“But—”

Benjamin put a hand on her forearm. “I’m afraid she’s right about that.” He looked back at Gloria. “Is that also the reason why Santiago didn’t testify at his own trial?”

The public defender nodded. “In part.”

“Even though he could have explained how his fingerprints got to be in the master closet?”

“I thought I could raise enough doubt about the fingerprints when I cross-examined the forensic technician.” She hesitated.

“In what way?”

“Because while they found Santiago’s fingerprints in the closet, they didn’t find them on the safe itself. But it didn’t seem to be enough for the jury once they saw the security tape.”

“I see. But you could have let Santiago testify at that point,” Benjamin said, his voice now insistent.

“Initially, I wanted to. I’d prepped him, but…”

“But what?”

She turned to Catalina. “You know your brother better than anyone. You know how shy he is, and how nervous he gets. Even during prep, he fell apart. The prosecution would have made mincemeat out of him during cross-examination. If anything, it would have strengthened their case even more.”

Gloria Evans sighed. “I did what I could to limit what the prosecutor asked his witnesses, but I was constantly overruled by the judge.” She glanced at her watch. “I’m sorry, I have to leave for an appointment.”

It was their sign to leave her office. Disappointed, Catalina allowed Benjamin to lead her out of the office. Moments later they were in the parking lot, heading for Benjamin’s Porsche.