Chapter 12
“This is accurate,” I said, my eyes scanning the forensic report in front of me. “They’re sure?”
“They’re sure,” Gus said. “The lab geeks were excited by this one. There’s all kinds of stuff in there about wear patterns.
The type of metal. But yeah. They’re sure.
The earring Jamie Simmons had in that box is the mate to the one found with Ellie’s remains.
There’s even some stuff in there about the photographs of her wearing them.
Again, the wear patterns are a match. It’ll hold up. ”
“It’ll hold up past a suppression hearing,” I said.
“At least I hope. I’m still gonna have a fight convincing a jury of all this.
I just need somebody on the stand that can get through the science of it without boring them to death.
But this is good, Gus. This is … I don’t even know what this is.
We can’t tell the family. We can’t let this get out. We’ve had enough leaks.”
“It won’t come from my office,” he said.
“Still waiting on some labs. The lock of hair Simmons had in his possession didn’t have roots attached.
So DNA’s a no go. But Ellie Luke dyed her hair.
They’re working on matching the coloring to what Ellie used.
There were also two pubic hairs embedded into the threads of the underwear Simmons had in that drawer.
Those did have roots attached. We might get a hit off them. ”
“But we don’t know when he got those,” I said. “We don’t know if Ellie was wearing them the night she died or if he collected them later when he was at her house. At best, we can prove he was obsessed with her.”
“You can prove he knew where her body was and went treasure hunting off it, Mara.” Gus’s whole posture reminded me of a cobra about to strike.
He puffed his chest out, shoulders back.
I knew he didn’t want to hear what I had to say.
But I had to think like a prosecutor. It only mattered what I could prove in court.
“This is good,” I said. “Let me know when you have the rest of the labs back. But I’m confident in the charging document. Hojo’s going to sign off on aggravated murder. We’ll go from there.”
Gus’s shoulders relaxed. I knew that was what he wanted to hear. I didn’t say the rest of it. Though I was confident in what to charge Jamie Simmons with, I was far less confident about what I could convict him of.
“You’ll know what I know as soon as I know it,” Gus said. “Tell Hojo he’s doing a good job.”
“So are you,” I said. Gus didn’t answer. I knew he carried too much guilt about not zeroing in on Simmons sooner. For now, there was no point trying to convince him otherwise. That would take time.
“I’ll be in touch,” he said, then turned on his heel. He nearly ran into Caro as she stood in the doorway. They exchanged brief pleasantries, but whatever Caro wanted, she clearly didn’t want Gus to hear it. She waited until he’d disappeared down the hall, then turned to me.
“Mara,” she said. “Bennett Cutler is in the conference room. He wants a few minutes with you.”
Cutler? What the hell was Simmons’s defense lawyer doing here already? Thank God Caro had the presence of mind to get him out of sight before Gus saw him.
“Simmons hasn’t even been arraigned yet,” I muttered. “He can’t possibly be here begging for some plea deal.”
“He was pretty adamant about seeing you,” she said. “As if you’ve got nothing better to do.”
“It’s okay,” I said, hoping it was.
“You want him where he is or should I walk him back here?”
“I’ll go to the conference room. I don’t want him getting too comfortable.”
I grabbed a pad of paper and pen, then walked down the hall. Cutler stood in front of the book shelves, perusing our collection. He smiled when I walked in and declined Caro’s offer of refreshments.
“I won’t take up too much of your time,” Cutler said. “I have another appointment.”
“I’m surprised you didn’t make one with me,” I said.
“Didn’t think I needed one. I can’t imagine you’ve got anything more pressing than Ellie Luke’s case.”
“That’s pretty presumptuous of you, Mr. Cutler,” Caro snapped.
“It’s okay,” I whispered to her.
“You’ve got fifteen minutes,” Caro said. “Ms. Brent is due in court.” She closed the door behind her and gave me a sharp look. God bless her for having my back.
“What’s this about, then?” I asked.
“I wanted to hear it directly from you. Because I just couldn’t believe the rumors. You’re not seriously considering charging my client with aggravated murder, are you?”
How the hell did he know that already? I kept my face neutral.
“I am,” I said. “Ellie Luke was abducted. Brutally beaten. Left to rot in the woods alone. She was stalked. Hunted. By your client, Mr. Cutler.”
“And you won’t be able to prove any of that.
Not a single bit of it. At best, you might be able to prove there were some items in the Simmons’s home that raised suspicions.
But you can’t even prove how they got there.
Or who put them there. Frankly, I’m surprised your boss is even willing to charge at all on this one. ”
“I’ll worry about my case. You can worry about yours. That is how this works, after all. Is your client willing to admit what he did?”
Cutler laughed. “He hasn’t done anything. Nothing illegal.”
“Okay. Well, you can save all this for the jury. I really do have to get to court.”
“Evidence tampering,” he said. “That’s about as egregious an act as you’ll be able to prove. And I’m not saying you will prove it. But this has ripped Jamie Simmons’s family apart. He’s eager to try to put things back together.”
“I’m not offering a deal,” I said. “Not now. Probably not ever.”
“That isn’t entirely your call to make,” he said. “And maybe you shouldn’t be so dismissive so soon. You have plenty at stake on a personal level, Ms. Brent.”
“What?”
“Your office can’t afford what this case could do to it. Hell, I don’t think the entire county is ready for what’s coming.”
“Okay. I think we’re done here. I’m not offering your client any deals at this point. He murdered Ellie Luke. And what he’s done to her family …”
“Her family supports him. They know he didn’t kill that girl. And he’s been a strong, supportive husband to their surviving daughter. They’re united in that.”
“Except for Hayden,” I snapped.
“I’m glad you brought her up. I know you understand what this trial will do to that girl. I can assure you that’s the last thing Jamie Simmons wants for his daughter.”
“Then he should do the right thing and confess,” I said.
“Hayden Simmons is a troubled girl who has become obsessed with her aunt’s murder to the point of ghoulishness. It’s sad, Ms. Brent.”
And he would try to paint that picture at trial.
It was his only play really. The only way to try to explain what Jamie Simmons kept in that box.
Cutler would try to imply Hayden planted it.
Made it up. The forensics would say otherwise.
Soon enough, when I had the full report, I would have to disclose all of it to Cutler.
Maybe then he could talk some sense into his client.
“I don’t think we can help each other today, Mr. Cutler. Now if you’ll excuse me …”
“The other reason I wanted to talk to you in person,” he said. “You need to prepare yourself. Mr. Simmons is not willing to waive his right to a speedy trial. He wants this whole ordeal over as quickly as possible. He deserves that.”
Of all the things Cutler said, that one shocked me. It meant we’d likely be in front of a jury in a matter of weeks, not months.
“Well, as you said, that is his right. I appreciate the heads-up. I’ll see you at his formal arraignment next week.”
“We’ll be seeking bail,” he said.
“That is also your right. We’ll push back on that. Hard.”
“I didn’t expect anything less. I’m just curious. How do you think it’s going to look when the public realizes you’re sleeping with the sheriff?”
His words stung me like a slap across the face. I knew that was his intention.
“You need to leave now, Mr. Cutler,” I said.
“And you need to think very carefully about what you’re trying to accomplish with this case.”
“What I’m trying … Jamie Simmons murdered Ellie Luke. I’m going to prove it and seek the maximum penalty afforded by law. That’s what I’m trying to accomplish.”
“Sam Cruz is running for reelection in a year. I’m supposed to believe this whole thing is a coincidence?
Ellie Luke is one of the most infamous cold cases in the county.
Two weeks ago, you, Sam Cruz, and Hayden Simmons had lunch together.
All the while, you and the sheriff were playing footsie under the table by all accounts.
Then all of a sudden Hayden Simmons dreams up this headline-grabbing story about her father and Aunt Ellie … ”
He took a step toward me. Then another. I’d known many men like Bennett Cutler before. He wasn’t physically threatening me, per se. But he was using our size and strength difference to claim more and more space around him. Expecting me to take a step back. I wouldn’t.
“I’d say we’re done talking,” I said.
“Even if you win, you’ll lose,” he said. “We haven’t even stepped inside the courtroom and I can see appealable error taking shape. This case could ruin your career if you ever want to run for office.”
“Lucky for me, I don’t.”
“Your boyfriend does. Look, I won’t want to do it. But a man’s life is at stake. I’m not going to have a choice.”
Cutler put a hand flat on the wall next to my ear. He was no more than three inches from my face. I had the urge to punch him in the groin.
“It’s not like this office has a stellar reputation,” he said. “You’ve been under investigation before.”
I felt the air shift beside me. A hand came around my face and grabbed Bennett Cutler by the lapel. Sam forced him backward until he was up against the table.
“Is there a problem?” Sam asked, his voice a low, threatening growl.
Bennett Cutler’s face split into a satisfied grin. “No problem at all. I’d say I’ve seen all I need to see. You’ve pretty much confirmed everything I suspected about you two.”
Sam curled his fist. He was all corded muscle and coiled rage. I’d never even heard him walk up, but there could be no doubt he’d heard every vile thing Cutler had said to me.
“Sam!” I shouted. Lunging forward, I pulled Sam’s arm back. I don’t know if he actually would have struck Cutler, but didn’t want to find out.
“Time to go,” Sam said. “You need to talk to her, you do it by phone or email.”
Cutler straightened his suit jacket. Still grinning, he picked up his briefcase off the floor and showed himself out.
“You okay?” Sam said, turning to me.
“Of course. He’s a blowhard.”
“What was that?”
“That? Cutler’s trying to get a rise out of me.
He certainly got one out of you. He also tipped his hand a little.
He’s going to try to make Hayden Simmons out as an attention-seeking nutcase.
I need to talk to her. I need to make sure she’s in a mentally strong place. This is going to get very ugly, Sam.”
“I don’t care.”
“Maybe you should. Maybe we both should. I’m assuming you stood there long enough to hear Cutler’s theory about our lunch date with Hayden Simmons. He’s right that it could cause you issues.”
“What?”
“Us,” I said.
Sam waved me off. “Enough. I’m not afraid of that weasel. I know you’re not. You’ll eat him for breakfast if this goes to trial.”
“Oh, it’s going. That’s the other thing he wanted me to know. Simmons isn’t waiving a speedy trial. They want this thing in front of a jury as fast as possible.”
“What? Why? He’s could face the death penalty.”
“Probably because Cutler thinks I won’t be ready in time.”
Sam leaned against the table. His face was still flushed with anger.
“Will you?” he asked.
I smiled. “Of course. I just need to make sure your office is. That Gus is.”
Sam came to me. He looked over my shoulder. Through the wall of windows, he could see straight to the lobby. Caro wasn’t at her desk. No one could see in. Sam kissed me.
“Gus is ready.”
“Good. But maybe we should heed one piece of advice from Cutler. Maybe we should make sure we don’t become part of the story.”
“Cutler can go screw himself. I don’t make decisions based on empty threats from scumbag defense lawyers like him. Neither should you.”
He put an arm around me and drew me close. I loved his warm, solid strength. It was comforting to think he was willing to fight my battles for me. Only I knew ultimately this was one I would have to fight alone.