Chapter 24
George Luke sat on the bench outside the courtroom when I arrived at eight the next morning. Still as a statue, his eyes cut through me. Claudia Luke hadn’t come. Neither had Erin. Only George sat vigil for the entire week.
“Good morning, Mr. Luke,” I said, just as I had every morning. And just as he had every morning, he gave me a cold stare and said nothing.
My witness, Deena Landon, sat on the opposite bench. Her husband, Doug, had his arm around her. I turned from George Luke and walked over to the Landons.
“How was your drive?” I asked.
“Fine,” Deena said. “I just want to get this over with.”
“I understand. You’ll be first up. And there’s nothing to worry about. Promise.”
Doug Landon stared at me with about as much contempt as George Luke had.
The specter of Jamie Simmons. These people didn’t seem to realize I was on their side.
In George’s case, Jamie had been poisoning that family’s mind for over two decades.
For the Landons, they saw Jamie Simmons clearly and I was the one forcing them back into his world.
Steeling myself for the onslaught I knew would come on the other side of those double doors, I made my way into the courtroom.
A moment later, Jamie Simmons was brought in from a side door.
He seemed jovial, smiling and laughing with Bennett Cutler as the deputies led him in.
He held his wrists out as they uncuffed him.
I gathered my notes at the table and waited for Judge Saul to take the bench.
The courtroom doors opened behind me. I looked over my shoulder.
Gus came in and took a seat against the back wall.
He didn’t look my way. I was getting damn tired of everyone seeing me as their enemy.
“All rise!”
Judge Saul took the bench. Then the jury filed in.
“Ms. Brent?” the judge said.
“The state calls Deena Landon,” I said in a loud, clear voice. I chanced a look at Jamie Simmons. He kept his posture rigid, his face neutral. Deena walked up the aisle and climbed into the witness box.
She was petite, not quite five feet tall. She had dark hair, maybe dyed now, but she bore a casual resemblance to Ellie Luke. I hoped the jury noticed.
Deena took her oath and stared straight at me. She hadn’t once looked at Jamie, but she trembled a bit as she adjusted the microphone.
“Ms. Landon,” I started. “Will you explain how you’re acquainted with Jamie Simmons?”
“I’m not,” she said. “Not anymore. But Jamie and I dated a long time ago.”
“How long ago?”
“I want to say we met twenty-five years ago. We were both students at Washtenaw Community College. I was nineteen. He was twenty or twenty-one.”
“How did your relationship start?”
“We just had a couple of classes together. One was a human sexuality course. It was a small class. Only like twelve students. Jamie was the only male in it. We did a group project together so we ended up spending a lot of time one on one. The other members of the group didn’t really pull their weight so it was Jamie and me doing the bulk of the work.
He was nice. I thought he was funny. And cute.
Toward the end of that term, I asked him out. ”
“You asked him out?”
“Yes. Well, it was more, my roommates were having a party. We lived in an off-campus apartment. I invited Jamie to come. He did. That night, we just hit it off. Everything grew from there.”
“You began dating?”
“Yes. I can’t remember now exactly how that all played out. Like if we went out the next night or the next weekend. But heading into that winter break, we saw each other a few times. Then, moving into the next semester, we were exclusive.”
“By that you mean …”
“I mean we weren’t dating other people. At least not as far as I know. At least not as far as I was concerned.”
“Jamie was your boyfriend? You considered him that way?”
“Yes.”
“How would you describe your relationship at that time?”
“It was good. Jamie was great. I’d dated my share of losers up until that point. Jamie was different. He was thoughtful. He asked me about my family. He seemed secure with who he was, you know?”
“How long did you end up dating?”
“It was over a year.”
“You described things as going great. Did that change?”
“Oh yes. And I mean it really changed.”
“What do you mean?”
“Well, I wanna say things were good all that term and through most of that summer. But as we moved into the next school year, I don’t know. Jamie became really controlling.”
“In what way?”
“He just … he was always asking me where I was going. Like wanting my schedule. I had a cell phone at the time. An old clunky flip phone my dad wanted me to carry. If I had a call, Jamie always wanted to know who it was. I just started getting a bad vibe.”
“Did you talk to Jamie about that?”
“I did. I wasn’t happy. If I went out with other friends, Jamie would call me constantly.
Like every hour, wanting to keep tabs on me.
Then he’d just show up in places. Once I went to a strip mall to buy new clothes for this job interview I had lined up.
Jamie was in the parking lot. He acted like it was a coincidence, but I knew it wasn’t. ”
“Objection,” Cutler said. “Calls for speculation.”
“Sustained,” Judge Saul said. “Please disregard the witness’s last statement about whether Mr. Simmons’s appearance was a coincidence or not.”
“Ms. Landon,” I said. “How did your relationship with Mr. Simmons end?”
In the course of telling her story, Deena Landon gained more confidence. She sat straighter in her chair. Her voice became more clear. And she looked right at Jamie before answering my question.
“I ended it,” she said. “I told Jamie I wasn’t comfortable with how jealous he was becoming. I felt smothered. He didn’t take it well. He got … we got into a fight. He …”
“Objection! Your Honor, may we approach?”
I expected this. In truth, I was surprised Cutler waited this long for this particular battle. As I gathered my notes and walked up to the bench, I prepared for the worst.
“Your Honor,” Cutler said. “I think we’re going to need to argue this one outside the jury’s presence. I need everything on the record.”
Judge Saul nodded. She instructed her bailiff to send the jury out of the courtroom. I took my position back behind the prosecution table.
“Your Honor,” Cutler started. “Ms. Brent’s entire line of questioning is improper under Rule 404(B). She is attempting to introduce the defendant’s alleged prior bad acts.”
“Ms. Brent?”
“Your honor, this witness can testify about the defendant’s habits. His behavior with the victim in this case fits a pattern of conduct that is relevant to the issues here.”
“Is this witness going to talk about domestic violence?” Judge Saul asked.
“I believe she is.”
“She’s lying!” Jamie shouted. It was the first peep I’d heard out of him during the whole trial.
“You’re the liar!” Deena shouted back. “How can you sit there and pretend I don’t know who you are, you piece of …”
“Enough!” Judge Saul banged her gavel.
“Your Honor,” I said. “Again, Jamie Simmons’s behavior with this witness establishes a pattern of conduct that he has repeated time and again.
They are similar to the current crime he’s charged with.
As such, we fall under the exception to the rule and this witness’s testimony should be allowed.
She has been on my witness list that was duly filed with the defense. Her testimony isn’t a surprise.”
“That’s not the standard,” Cutler said. “It’s well-settled law that evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with that character.
Additionally, Mr. Simmons has been charged with murder.
Whatever this witness thinks she experienced, it’s not similar to the current charge.
The state’s argument doesn’t fall within any recognized exception.
Frankly, I’d ask that Ms. Landon’s entire testimony up until this point be stricken.
The jury shouldn’t have even heard from her at all. ”
“You didn’t object to her being called,” Judge Saul said.
“I couldn’t predict what she’d say,” Cutler said. “Now that I have, now that Ms. Brent has made clear where she’s going with this, it falls squarely within the prohibitions of Rule 404(B).”
“Ms. Brent,” Judge Saul said. “I’m afraid I agree. To me this is a classic application of the prior bad acts rule. I will sustain Mr. Cutler’s objection. The witness is not permitted to testify about any prior domestic abuse committed by the defendant.”
Cutler sank my battleship. Straight up. It wasn’t unexpected. It didn’t make it less of a blow. I knew I was taking a risk putting Deena on the stand.
“And I’d also ask that her testimony up to this point be stricken,” Cutler said.
“I’m not going to go that far,” Judge Saul said. “Ms. Brent, does this witness have anything to say about the events of this case directly?”
Deena’s eyes welled with tears. “He’s going to get away with it? You’re going to let him get away with it?”
“That’s not what this is about,” Judge Saul told her.
“No, Your Honor,” I said. “Ms. Landon’s testimony is centered on her relationship with Mr. Simmons.”
“All right,” Judge Saul said. “Will you continue?”
“No,” I said.
“You are, of course permitted to cross-examine this witness based on her testimony thus far,” she said to Cutler. He smirked.
“No, Your Honor,” Cutler said. “I’m fine with the witness being dismissed.”
I could just bet he was. The jury would file back in and see Deena Landon abruptly removed from the witness box.
“Fine,” she said. “Here’s what we’re going to do. We’re going to take a one-hour recess. Ms. Brent, will that be enough time for you to gather your next witness?”
“Yes,” I said.
“So ordered.” Judge Saul banged her gavel again. Deena rose from the witness box. I’d have just enough time to walk her out and see that she and Doug were safely escorted from the building.