Chapter 28
“The defense calls Claudia Luke to the stand.”
Hojo sat beside me at the prosecution’s table this morning.
We were down to bare bones in the office with the fall interns having completed their semester.
I wanted his eyes on the jury and in the back of my head.
I still had no idea whether Cutler planned to put Jamie himself on the stand.
Calling Claudia was a surprise, but not entirely unexpected.
He knew I couldn’t rip into her on cross without making myself into a villain.
What was unexpected was the waifish figure who floated into the courtroom along with Claudia.
Erin Simmons was here. She sat two rows back from her husband, her skin pale.
Her eyes were downcast. But she was here.
Her dark hair curled under her chin. She’d cut it and changed the part.
But it wasn’t enough to alter her striking resemblance to her murdered sister.
“They’re looking.” Hojo wrote me a note.
Claudia wore a navy-blue knit dress with white piping around the collar.
She had more confidence in her step than her husband had when he took the stand.
Claudia’s hand was steady as she raised it to swear her oath.
She lifted her chin in defiance and looked straight at her son-in-law as Cutler began.
“Mrs. Luke, for the record, will you explain to the court how you’re related to the victim in this case and the defendant?”
“Ellie was my firstborn,” she said. “My daughter. Jamie Simmons is my son-in-law. He’s married to my youngest daughter, Erin.”
“Thank you. And to be clear, George Luke is your husband?”
“Yes.”
“Have you communicated with your husband about his testimony in this trial?”
“Yes.”
“Were you aware that he was going to take the stand for the prosecution?”
“Absolutely not.”
“He didn’t tell you he was going to do that?”
“He most certainly did not.”
“Okay. Mrs. Luke, I’d like to take you back to twenty-two years ago, when your daughter went missing. I know these are difficult memories so I apologize for that. But you were the one who initially called the police to report your daughter missing. Is that right?”
“It is,” she said. “Ellie worked until seven in the morning as a caregiver. She was usually home no later than eight. And that was if there was something keeping her over. Like if the aide scheduled after her was late. Or if Ellie got involved in doing something for Mrs. Corning like giving her a shower and things ran long. But again, Ellie was never home past eight.”
“Is that what initially raised your suspicions?”
“Yes. Usually I would wake up when I heard Ellie coming in from the garage. Then I’d start my day.
Ask her about her night. See if she wanted me to pack any kind of lunch for her if it was one of my days off.
That day, I was off. But during the week, she would have to leave the house again by about one thirty.
I wanted her to just go straight to bed and sleep as long as she could. ”
“Of course. So, can you take me through that last morning?”
“I woke up late. After eight thirty. I went to go look and Ellie wasn’t home. Her car wasn’t in the driveway. I tried to call her but it went to voicemail. I was concerned right away. She was never that late. Not without letting me know.”
“So, what did you do?”
“I waited. Tried not to panic. Erin, my younger daughter, was already gone. She was a senior in high school at the time. She left by six thirty. I’m not that early of a riser so I didn’t hear her go.
But the house was quiet. I just knew something was wrong.
I woke George up, but he just told me I was overreacting.
Time ticked by. It got to be nine. Nine thirty.
I called the agency where Ellie worked. They told me Ellie had already called in and given her nightly report on Mrs. Corning.
The day shift aide had already relieved Ellie.
That’s when I knew something was really, really wrong. ”
“What did you do then?”
“I started calling a few of Ellie’s friends. Only one answered. Shante Jones. She didn’t have class that morning. She said she hadn’t seen Ellie or talked to her since the week before.”
Claudia remained mostly stoic through her recounting.
How she finally called the police at noon.
Her frustration at the perceived slowness of the response from the sheriff’s office.
But by four o’clock that afternoon, Ellie’s car had been found abandoned just under two miles from Hattie Corning’s home.
“Mrs. Luke,” Cutler said. “Did you have any idea what might have happened to your daughter?”
“No. Not at first. I was just in shock. We all were. But Ellie’s friends were always so helpful. They just showed up. Helped search. Brought us meals.”
“That’s wonderful. Do you remember which friends?”
“There was Shante, of course. And Lisa … you know I can’t remember her last name just now. And even some of Ellie’s friends from high school that I hadn’t seen for a while.”
“They all came to the house?”
“Oh yes.”
“What about Jamie Simmons?”
“He came too. If you’re going to ask me the first time, well, I can’t remember that. I just remember him being part of a group of Ellie’s friends that just came and made sure we had everything we needed.”
“I don’t mean to be redundant, but so I’m clear with what you’re saying. These friends of Ellie’s. From college. From high school. They were all in your home during those initial weeks when Ellie went missing?”
“Yes. Yes, they were.”
“Okay. I’m going to come back to that. But I want to focus on your communication with the police. Did you ever tell them if you knew of anyone who wanted to hurt your daughter?”
“Here we go,” Hojo wrote on the pad in front of us.
“Yes,” Claudia said. “I told them there was only one person I knew of who would want anything bad to happen to my Ellie.”
“And who was that?”
“My nephew … well … I suppose he’s not technically my nephew. He’s my cousin’s son. Dane Fischer.”
“Why did you think Dane Fischer wanted to hurt Ellie?”
“Because he said he did.”
“He threatened her?”
“Yes. Dane said …”
“Objection,” I said. “Calls for hearsay. We’ve been over this, Your Honor.”
“Your Honor, Mr. Fischer’s statement isn’t being offered for the truth of it. It’s being offered to show Mrs. Luke’s state of mind. She was responding to being questioned by the police.”
“I’ll allow it,” Judge Saul said.
“Go ahead, Mrs. Luke.”
“Ellie told me that Dane said he wanted to smash her head in for what he thought she’d done to him.”
“Objection!” I rose. “Your Honor, now we have double hearsay. I’d ask that the witness’s answer be stricken.”
“Sustained. The jury will disregard the last answer, Mr. Cutler.”
Cutler seemed unfazed. We could admonish the jury all we wanted. They’d heard the answer.
“Mrs. Luke, why did you think Dane Fischer was a threat to your daughter?”
“Because he was an addict. His behavior was unpredictable. I’d opened my home to him because I wanted to help.
He betrayed my trust. He stole things to pay for his drug habit.
Ellie was the one who figured that out. She told us about it.
And she gave a statement to the police. So Dane blamed Ellie for us kicking him out of the house.
It wasn’t her fault. But he blamed her. And Dane was dangerous.
When he was on drugs, he could be violent.
He punched a hole in the wall right next to Ellie’s head the last day he was in the house. ”
“He punched the wall right next to her head?” Cutler repeated, as if he were surprised by the revelation.
“That’s right. And he shoved George.”
“Okay. How would you characterize your relationship with your son-in-law?”
“Today?”
“Today, historically. All of it.”
“I love Jamie. He’s like a son to me. He’s the one bright spot that happened amidst all that tragedy.”
“What do you mean?”
“When Jamie started coming around, he was just so competent. So helpful. My husband has struggled with mental health issues. They flared up terribly after Ellie went missing and all the rest of it. He couldn’t get out of bed.
So when Jamie was over, I asked him if he’d help me with a few things.
Getting the riding lawn mower started. Later, pulling the snowblower off the hooks in the garage. ”
“You asked him?”
“Yes. Absolutely. I know I relied on him more than I should have. We weren’t his family then. He was just being nice. But I needed help and George wasn’t in a position to provide it.”
“Because of his mental health issues, as you described them?”
“Yes. George wasn’t even capable of getting out of bed.
Then later … he tried to take his own life.
He … he went out to the garage and sat in his car with it running.
Erin and I were out. We were supposed to be gone all day shopping.
A girls’ day out. Only my sciatica started acting up.
So we came home early and found George slumped over the wheel.
He spent some time in a clinic after that. It saved his life.”
“I see,” Cutler said. “So … if your husband described Jamie Simmons’s behavior as grooming, would you agree with that?”
“That’s ridiculous. I already told you. I’m the one who asked Jamie for help.
It was at my urging that he helped take over some of the things George couldn’t handle.
He was a godsend. He’s the rock of our family.
I don’t know how we would have pulled through all of that without Jamie.
Then, as time went on, he and Erin grew closer.
It was natural and I thank God every day that Jamie was there for us.
My husband has a disturbed view of things. It’s not the first time.”
“Okay. Thank you. I just want to touch on one last thing you said. Regarding Ellie’s friends who came to the house to help. Was Ellie’s room locked when people would come into the house?”
“No.”
“Your husband testified that Ellie’s things were left mostly undisturbed after she disappeared. Is that your memory?”
“Yes. I couldn’t bring myself to do it. It felt so final.
I’d say it took me about two years before I could deal with Ellie’s belongings.
We kept her room as it was. Then, after Erin got pregnant …
the Lord blessed us. I decided to convert Ellie’s room to a nursery for when my granddaughter would stay over. ”
“Two years,” Cutler repeated. “Thank you. I have nothing further.”
“Ms. Brent?” Judge Saul said.
“Mrs. Luke,” I started. “You were also the one to give a description of Ellie to the police when you reported her missing, weren’t you?”
“Yes.”
“You described to them in detail what she was wearing, didn’t you?”
“I told them everything I could think of, yes.”
“Do you recall telling them what jewelry she had on?”
“I do, yes.”
“Do you recall it now?”
“Yes. Ellie had a flat gold necklace she wore And a pair of earrings her father got her.”
I directed Claudia’s attention to the photograph we’d entered of Ellie wearing her infamous gold hoop earrings.
“You’re certain she was wearing these earrings the morning she disappeared?”
“She had them on when she left the house, yes. Ellie wore them all the time. She sometimes slept in them, even. I was always telling her not to. I was afraid they’d snag on her pillow and rip her ear off. But they were her favorites.”
“Mrs. Luke, are you aware of what items were found in your son-in-law’s home by your granddaughter?”
“Hayden has issues like my husband. She’s mentally ill.”
“I’d like the witness’s answer to be stricken as unresponsive.”
“Sustained,” the judge said. “Mrs. Luke, please answer the questions as asked.”
“I’ll repeat it. Mrs. Luke, are you aware of what was found in a box delivered to the police earlier this year?”
“Not all of it, no. But whatever Hayden …”
“I’m not asking you about Hayden. Let me ask you this. When Ellie’s remains were found, you were shown the items found along with her, weren’t you?”
“Yes.”
“What were they?”
“She … some of her clothing. Her necklace. Her earrings.”
“Earrings. But it was only one of the earrings, isn’t that right?”
“I think so.”
“You think so.”
“Yes. One earring. Yes.”
“You even remarked on that to Detective Ritter, didn’t you? You asked him where the other earring was because it was important to you to get them back, wasn’t it?”
“Yes. They were her favorites.”
“Do you recall what Detective Ritter told you?”
“He said it was evidence. That they couldn’t release it until the case was closed. Until after they made an arrest.”
“Mrs. Luke, you understand the mate of Ellie’s earring was found in a box in your son-in-law’s possession, don’t you?”
She shook her head almost violently. “No. Don’t you dare. I know what you’ve done. You’ve poisoned my granddaughter’s mind. She’s disturbed. Just like my husband. Just like Jamie said.”
My heart thundered. “Like Jamie said? Jamie Simmons told you not to believe Hayden, didn’t he?”
“Of course.”
“And he told you not to talk to the police, or to me, didn’t he?”
“You’re twisting everything. I knew you would.”
“Did Jamie Simmons tell you not to talk to the police or to me?”
“I didn’t … that wasn’t … you’re making it sound like …”
“I’m not making it sound like anything. I’m asking you a question. Did Jamie Simmons ask you not to talk to me or the police in connection with this case?”
“He told me not to believe everything people were saying. I knew my granddaughter had an unhealthy obsession with what happened to Ellie. And I know my husband is having some of the same issues he had when Ellie went missing. That’s all.”
She wasn’t going to budge. But she’d all but admitted Jamie had exerted influence over her.
“I have no further questions,” I said. Cutler deferred rebuttal.
“You may call your next witness,” Judge Saul instructed him.
Without missing a beat, Bennett Cutler squared his shoulders and spoke with a booming voice. “The defense calls Dane Fischer to the stand.”