Chapter 12
“Your Honor. I honestly can’t think of a legal issue with more well-settled law than this one.
” Addison Quick wore a flashy suit and a politician’s smile.
Everyone knew he viewed his newly elected position as prosecutor as a power move for his greater ambitions.
That said, I’d so far found him to be forthright and competent in our dealings.
But he had big shoes to fill having replaced my long-time friend and foil, Rafe Johnson.
“Both the Michigan and United States Supreme Court have repeatedly ruled that an accused’s request for an attorney must be unequivocal.
It cannot be vague. It cannot be left open to interpretation by law enforcement.
Kathlyn Loomis simply did not ask for a lawyer.
She voluntarily submitted to both questioning and the drawing of her blood at the hospital.
As such, her statements to Detective DePaul and her toxicology report are admissible evidence. ”
Judge Castor looked tired. He’d just celebrated his thirtieth year on the bench. In two more, he’d be age-limited. I couldn’t even imagine the day when his booming voice wouldn’t echo through these halls.
“Your Honor,” I said. “When my client was asked whether she wanted to call an attorney, she stated she wanted to talk to her sister-in-law. She didn’t just casually make that statement.
It was in direct response to a specific question.
Detective DePaul has worked for the Woodbridge County Sheriff’s for two decades.
She has or had a professional relationship with former Detective Eric Wray, my own long-time partner.
For heaven’s sake. She’s known my entire family for her whole life.
For her to claim she didn’t know I was a defense attorney is just not reasonable. ”
Castor scowled. He put up a hand as Quick revved up to launch another rebuttal. I felt like we’d each made the same arguments at least twice. Clearly, Castor shared my frustration.
“Your Honor,” Quick pressed on. “Detective DePaul just testified that she didn’t make the connection as to who Mrs. Loomis was talking about.
And the fact is, at the time the accused made her statement, Cass Leary wasn’t her sister-in-law in any event.
It is not reasonable or required for Detective DePaul to have assumed the accused’s vague statement, which I might add didn’t even rise to the level of a request as much as it was her thinking out loud at best or rambling, There was no clear invocation of her right to counsel.
And I really don’t think the court would want to set that kind of precedent. ”
Castor raised a brow. Quick wasn’t doing himself any favors trying to put words or intentions into Felix Castor’s head.
“Respectfully, Your Honor,” Quick added.
“I think we have to be very careful here,” Judge Castor said.
“I am persuaded by the defense counsel’s argument that her response to Detective DePaul’s direct question matters.
Mrs. Loomis didn’t just ramble, as you’d like to characterize it.
Detective DePaul’s report as well as her account today are consistent.
When she asked the accused if she’d like a lawyer present, Mrs. Loomis said that she’d like to talk to her sister-in-law.
She wasn’t given the opportunity to make a call until well after she’d made several statements to the police.
Detective DePaul didn’t bother to ask for clarification on her request to speak to her sister-in-law.
Though I am unpersuaded by Ms. Leary’s argument that Detective DePaul’s actions were willful ignorance.
When informed of her right to counsel, Mrs. Loomis said she wanted to speak with her sister-in-law.
It wasn’t a random utterance unrelated to her rights.
Therefore, I’m granting the defendant’s motion to suppress. Her statement isn’t coming in.”
Quick turned red. Katy went ghostly white.
“Now,” Castor said. “What do you want me to do about the toxicology report, Ms. Leary?”
I leaned over and whispered to Katy, “Trust me.”
Though we’d discussed the matter at length, getting consent had been like pulling blood from a stone, so to speak.
“Your Honor, as I indicated in my motion and brief in support, the defendant is willing to waive her rights in relation to the lab draw only. We have no problem stipulating to the admission of Mrs. Loomis’s toxicology report.”
Quick fumed. Before Castor finished his ruling and dismissed us, Quick started gathering up his files and stuffing them into his briefcase. Castor wasn’t amused, but didn’t pick the battle. But I knew Quick was eroding valuable goodwill with the judge. It could work to my advantage.
We were adjourned. I had a few minutes to speak with Katy before she was taken back to her cell.
“This is good news. It’s great news, actually,” I said.
I felt a tap on my arm. “Sorry to interrupt,” Quick said. “Can we have a few minutes?”
I knew what this meant. I expected it. “One minute.” I motioned to one of the female deputies assigned to Katy today. “I need ten minutes to speak with the prosecutor. Then I’m going to need to confer with my client. Are you okay sitting tight with her that long?”
“Sure,” the deputy said. “You have the courtroom. We’ll be next door.”
She took Katy with her, leaving Quick and me alone.
“You got lucky,” he said. “You know I’ll be filing an interlocutory appeal by the end of the day.”
“I’d expect no less.” I smiled. “You’ll lose, but I’d do the same in your shoes.”
“Will she plead to second degree? She could be out in twenty years, Cass. Maybe even less.”
“Addison, you have a problem now. A big one. We both know how much of your case depended on Katy’s disoriented statements.”
“She contradicted herself three times in the span of an hour,” he said. “She’s guilty. You have to know that.”
I gave him a look, signaling I wouldn’t dignify that with an answer.
“Jenna Rodney, the housekeeper, is a credible witness,” he said.
“Maybe,” I said. “But she’s only a witness to Katy Loomis holding a knife. She didn’t see her murder anyone. I think if that had been your entire case from the start, your office might not have charged.”
“Are you kidding? I have an eyewitness. Nobody broke into that house. Your client is on record repeatedly threatening harm to her husband. You want me to go on?”
“She won’t plead to second. No way.”
Quick heaved out a breath. He wiped his hand across his mouth, then put both hands on his hips. He turned away from me, shaking his head. I stood my ground, arms crossed in front of me. After maybe thirty seconds, Quick turned back.
“Involuntary manslaughter and obstruction. That is a gift. And it might even cost me reelection.”
I smiled. “Who are you kidding? Everyone knows you’re eyeing the AG’s office if the governor wins reelection.”
“She’ll do ten. Tops.”
“Because you know her toxicology report helps her more than it does you.”
“Take it to her,” Quick said, grabbing his briefcase. “Trial starts in two weeks. My offer’s good for forty-eight hours.”
He didn’t wait for me to respond further. He brushed past me and slammed the courtroom doors behind him.
I finally exhaled. I honestly didn’t know what to advise Katy. Quick was right. Involuntary manslaughter might be a gift under the circumstances.
I crossed the hall and found Katy in the empty jury room. The deputy quietly exited. I knew she’d keep her post outside the door. Katy was already back in cuffs.
“He’s offering involuntary manslaughter. You could be out in a decade.”
Katy’s bottom lip quivered. “Ten years?”
“Probably less with good behavior and based on current overcrowding. It’s something to consider.”
“But I’d have to say I did it. Right? I’d have to tell the judge I killed Tom.”
“Yes.”
She put her head down. Then, slowly, she lifted her eyes to mine. “Do you think I killed Tom?”
“Katy, that’s not the …”
“It matters, okay? Tell me the truth.”
She’d never asked me that before. Everyone else had, but not Katy. To be honest, I’d never actually let myself answer it even in my own mind. She wanted the truth.
“I don’t know,” I said. She winced.
“I didn’t,” she said. “I swear on my life. I didn’t kill him. I can’t do it. I can’t say I did. It would be a lie.”
“Life in prison,” I said. “That’s what you’re facing if you’re convicted of first degree murder. You want the truth? You could be. Juries are unpredictable.”
“I trust you,” she said. “Even if you don’t trust me. You told me you wouldn’t accept a single lie from me. I haven’t told you one. I’m innocent. If it means I have to give up my freedom to prove it, then so be it. I’ll find another way to clear my name. Somehow. But I will not swear to a lie.”
She might become her own worst enemy. But I knew this woman. She would fight or die.
“Okay,” I said. “Then we’re doing this. You are going on trial for murder, Katy.”
She lifted her chin and set her jaw into a hard line. She went to the door on her own and knocked. “I’m ready to go.”