thatâs Kristy, sheâs under the age of fourteen,â Elsie replied, pulling out the sheet of paper. âThen Madeleine charged statutory rape in the second degree for count two. Thatâs for his sexual intercourse with Charlene; since sheâs fifteen, itâs a less serious felony offense.â
Looking up from the page, she said, âYou know he must have had sex with Charlene when she was younger. If I could talk to her, she could pinpoint some times that her father had sex with her before she turned fourteen.â
âWhatâs the third charge?â he asked.
âThe third charge is a count of incest, having sexual intercourse with his blood descendant. But incest is only a Class D felony. Weâd be much better off dumping the incest charge and filing more specific counts of activity under the first degree statutory rape statute, because the penalty is higher.â
Tina asked, âWhatâs the penalty for incest?â
âWell, itâs Class D, so the most time he can get for that is four years. But the maximum penalty for statutory rape in the first degree is life imprisonment.â
âLife,â repeated Tina with awe. âThatâs tough shit.â
âDamn straight,â Elsie nodded. âThis is Missouri, hon.â Indicating the criminal complaint, she said, âIâve got to get this complaint cleaned up. Itâs a mess.â
Ashlock walked over to Elsieâs desk, bending over her shoulder as they examined the language of the charge together. Even through her desperation, she was acutely aware of his proximity as he took the pen from her hand and made notations on the paper, underlining portions of each of the three counts against Taney.
âYou need your victims here for preliminary,â he said. âYou should have them on the stand, regardless of whether we can run down Taneyâs brother.â He handed the pen back to her.
âHow quickly can you take witness statements of the Taney women?â she asked.
He took time to consider the options. âDo you want them on video?â
âNo, just basic Q and A on audiotape, with your clerical staff making a transcript. And making it fast . How soon can we get that accomplished?â
âWhen do you need it?â Ashlock asked.
Elsie checked her watch. âIn about five minutes.â
A LO CAL TV cameraman trained his lens on Elsie and Tina as they walked toward the courtroom. If her knees were inclined to wobble, Elsie thought, theyâd be shaking now. She knew her motion for continuance would be met with disapproval, and the stakes were high. Just about as high as they could be.
If Judge Carter overruled her motion for continuance and ordered her to proceed, she couldnât. She didnât have a witness. The judge would dismiss the charge against Taney, and he would be released.
And then he would go home. She could never let that happen again.
The defendant and his attorney were already sitting at the counsel table when she approached. She cut her eyes at Kris Taney, curious to get a first look. He was a barrel-Âchested man in his mid-Âthirties, maybe a head taller than her, with long, unkempt ginger hair and a florid complexion. Despite being attired in the standard county jail orange jumpsuit, he reeked with the odor of a man who had not bathed for a long while. The stink was so strong, she had to fight the urge to cover her nose as she walked over to Taneyâs court-Âappointed attorney, Josh Nixon, and served him with a copy of her motion for continuance.
âWhatâs this?â Nixon asked.
âGot an evidentiary delay. Sorry, the motionâs not too detailed; I had to knock it out at the last minute. Madeleineâs out of pocket, and she wants it reset for Friday. Are you good with that? Itâs only a Âcouple of days.â
Nixon turned to his client, but Taneyâs eyes were glued to Elsie, surveying her