Chapter 29
Dane Fischer looked different from the last time I saw him.
He’d gotten leaner. His dark expression cut through me.
It wasn’t hard to understand how he saw the world.
How he saw me, every deputy in the room, Bennett Cutler, Jamie Simmons.
Even Erin Simmons as she sat meekly two rows behind her husband.
We were Dane’s enemies. We were the people who he had to believe kept him from the life he wanted to live. He was another one of Jamie Simmons’s victims and Claudia Luke had just pilloried him again in her direct testimony.
“Your Honor,” Cutler began. “I would like permission to treat this witness as hostile. He was compelled here by subpoena and has made no secret of his animosity toward the family of the victim.”
“He’s the defense’s witness,” I said. “And this witness’s family is his family as well.”
“Be that as it may,” Judge Saul said. “From the argument presented in defense counsel’s written brief on this matter, I will grant his request to treat the witness as hostile. You may proceed, Mr. Cutler.”
“Thank you,” Cutler said. “Mr. Fischer, for clarification, will you remind the court how you are related to the victim in this case, Ellie Luke?”
Fischer’s cold stare didn’t soften. If anything, the question seemed to make him angrier. “She’s a cousin. My mother and Ellie’s mother are first cousins. They had the same maternal grandparents. My mom’s mother and Claudia’s mother were sisters.”
“They were close, your mother and Claudia?”
“They were about the same age. My mom always thought of Claudia as one of her best friends when they were growing up.”
“Are they still in touch?” Cutler asked.
“I wouldn’t know.”
“And why is that?”
“I don’t have contact with my mother. And I’m not in contact with Claudia.”
“You harbor ill feelings toward Claudia and her family, don’t you?”
“I don’t harbor any feelings at all toward them,” Fischer said.
“Are you sure about that?”
“You asked me the question. I gave you an answer. I haven’t communicated with Claudia or that side of the family in over twenty years. And as you said, I’m not here voluntarily. You forced me to be here.”
“Be that as it may, Ellie Luke was your cousin. Or second cousin. However that works. You were close with the Lukes at one point, weren’t you?”
“I don’t know what you mean by close.”
“Well, I mean you had a relationship with them. Didn’t you?”
“I suppose you could call it that, yes.”
“You lived with them for a time, didn’t you?”
“For about three months when I was twenty years old. That was twenty-four years ago.”
“Okay,” Cutler said. “So you were twenty. How old was Ellie Luke at the time?”
“Eighteen or nineteen.”
“Why did you come to live with the Lukes?”
“I was going through a hard time. I’m an addict, Mr. Cutler.
I know that’s what you’re getting at with all of this.
You think I’m ashamed of it? I’m not. When I was fifteen years old, some things happened in my life that aren’t any of your business.
I fell in with a group of kids who didn’t have my best interests in mind.
I started using. It took over my life. My parents kicked me out when I was nineteen.
I stopped using but my parents weren’t interested in letting me back in.
I was out of a job, out of money, and trying really hard to start over.
So Claudia agreed to let me stay at her place for a summer while I tried to get back on my feet. That’s it. That’s the whole story.”
Cutler smiled. “It isn’t really the whole story now, is it?”
“I’m done,” Fischer said. He stood up.
“Mr. Fischer,” the judge said. “You are not free to leave the witness box. You are here under subpoena. Mr. Cutler will let you know when he’s finished with his questions. Then Ms. Brent will have an opportunity to cross-examine you. Please sit down.”
He glared at her, but slowly sank back into his chair.
“Mr. Fischer, can you please explain the circumstances as to why you left Claudia Luke’s home?”
“I’d rather not.”
“You started using again, didn’t you?”
“I had a relapse, yes.”
“Your Honor,” I said. “This has gone on long enough. Mr. Fischer’s relationship with his family is irrelevant. This is a sideshow not related to the issues in the case.”
Cutler let out a haughty laugh. “And Ms. Brent knows better. Detective Ritter admitted on the stand and in his report that Dane Fischer was the main suspect in Ellie Luke’s disappearance. It is entirely relevant to explore how that came to be.”
“Are we going to go down every single investigative lead?” I asked.
“If we have to!” Cutler shouted.
“Enough,” Judge Saul intervened. “Mr. Cutler, get to your point. Ms. Brent, I’ve already ruled on the relevancy of this witness when Detective Ritter was on the stand. I haven’t changed my mind. Proceed.”
“Mr. Fischer, isn’t it true that you threatened Ellie Luke with physical harm on more than one occasion?”
Fischer’s eyes went red. His whole body shook with rage. “I refuse to answer that question on the advice of counsel. I’m invoking my Fifth Amendment rights.”
A murmur went through the gallery. Several members of the jury sat straighter in their seats. Beside me, Hojo quietly whispered a single word.
“Shit.”
“You refuse to answer?” Cutler asked.
“That’s right.”
“Mr. Fischer, isn’t it true that you blamed Ellie Luke for getting thrown out of the Luke home?”
“I plead the Fifth.”
“You were questioned by the police in connection with Ellie’s disappearance, weren’t you?”
“Yes. I was questioned.”
“And when you were asked to account for your whereabouts on the night Ellie went missing, you lied, didn’t you?”
“I plead the Fifth.”
“At first, was it your statement to the police at the time that you were at a bar the morning Ellie went missing?”
“I plead the Fifth.”
“And when that story didn’t check out and Detective Ritter questioned you again, you lied again, didn’t you? You said you were home the whole night and into the next day.”
“I plead the Fifth.”
“Only that was a lie because Detective Ritter checked. Your roommate said he hadn’t seen you in two days.”
“Your Honor,” I said. “Counsel is testifying. And he’s trying to introduce hearsay through a backdoor. I request his question be stricken and the jury instructed to disregard it.”
“Sustained. So ordered. Move on, Mr. Cutler.”
“The Lukes filed a police report against you, didn’t they?” Cutler asked Fischer.
“I refuse to answer any more questions on the grounds that it might incriminate me. I plead the Fifth.”
“Mara …” Hojo started. I rose to my feet.
“Mr. Fischer, you threatened to kill Ellie Luke, didn’t you?” Cutler shouted.
“I plead the Fifth!”
“Your Honor!” I said. “If we could …”
“You wanted her dead. Ellie Luke ruined your life again in your mind, didn’t she?”
“I plead the Fifth!”
“What is he doing?” Hojo said.
Judge Saul banged her gavel. “Enough,” she said. “Mr. Fischer, is it your intention to invoke your Fifth Amendment privileges to all further questioning by Mr. Cutler?”
“It is,” he said. “I will not answer any questions about Ellie Luke.”
“Mr. Cutler?” the judge said.
“You knew where she worked. You knew when she worked,” Cutler said. “Ellie Luke was working the same job, the same schedule when you were living in the home with her. You were well aware of her comings and goings.”
“I plead the Fifth,” Fischer said.
“Christ,” Hojo whispered. “He’s doing this on purpose. Cutler knew he was going to do this.”
“You killed her,” Cutler shouted.
“Objection! Your Honor, this is exactly what I’ve been objecting to all along. Mr. Cutler is playing games with this witness. His testimony is entirely irrelevant and highly prejudicial. I move that Mr. Fischer’s entire testimony be stricken.”
“Not on your life,” Cutler said. “Mr. Fischer is refusing to answer questions that are germane to every issue in this case.”
“Overruled, Ms. Brent,” Judge Saul said. “Mr. Cutler? What do you want to do here?”
Cutler took a step back from the podium and crossed his arms. He made a great show out of pretending he was actually considering his options. Then he stepped forward and leaned in close to the microphone. “I have no further questions for this witness.”
“Ms. Brent?” Judge Saul said.
I couldn’t even ask the question and give Dane Fischer the opportunity to deny killing Ellie. If I asked and he pleaded the Fifth again, it could be viewed as good as an admission to the jury. Bennett Cutler had painted me into a corner and he knew it.
“Mr. Fischer,” I said. “When was the last time you saw Ellie Luke?”
His expression softened. I could almost see Fischer’s wheels turning.
He was innocent. I knew this. He knew it.
Hell, even Cutler probably knew it. And I’d just asked him an innocent question.
Not where he was when she disappeared. My question had nothing to do with lies he’d told the police. Or threats he’d made against Ellie.
“I don’t … I plead the Fifth.”
“Had you spoken to her at all in the months before she went missing?”
“I plead the Fifth.”
His voice had gone quiet. I could barely hear him. From the corner of my eye, I could see Jamie Simmons with a satisfied smile on his face.
An idea formed in my mind. A last hope. But I knew if I were going to salvage this case, Bennett Cutler had forced me into the position of proving Dane Fischer’s innocence as much as I had to prove Jamie Simmons’s guilt. It was a nightmare scenario.
“Your Honor,” I said. “May we approach?”
She waved Cutler and me forward. “Your Honor,” I started. “This witness has invoked his Fifth Amendment privilege against self-incrimination. I’m going to give Mr. Cutler the benefit of the doubt that he was unaware that he would.”
“Are you accusing me of something?” Cutler said.
“I believe I’m doing the opposite of that. I said I was giving you the benefit of the doubt.”
“Make your point, Ms. Brent,” the judge said.
“If Mr. Fischer is concerned about criminal prosecution relating to any part of his testimony in connection with this case, I’d like the opportunity to assuage his fears. I can offer him immunity. May we have a one-hour recess so that I can confer with Mr. Fischer on this matter?”
“This is ridiculous,” Cutler said. “And I insist on being present for any discussions with Mr. Fischer.”
“You’re not his lawyer.” Judge Saul and I said it in unison.
“All right,” Judge Saul said. “One hour. But if you can’t work it out, then I believe we’re done with Mr. Fischer.”
“Thank you, Your Honor,” Cutler said with a confidence that made me livid.
Cutler went back to his client. The judge dismissed the jury and ordered us into recess.
“Mr. Fischer, please,” I said as he tried to brush past me. “We can help each other. I’m just asking for an hour of your time. I know you didn’t kill Ellie Luke. The cops know it too. Please. Just one hour.”
He watched as Cutler and Simmons left the courtroom. They were jovial with each other. Laughing. A wave of anger went through Dane Fischer. He looked back at me.
“I’ll give you ten minutes.”