Chapter 13
“There’s no point in torturing yourself anymore.”
I stood in front of the whiteboard. Much of Eric’s original writing had gotten smudged or crossed out, or added to. But the Guilty and Not Guilty headers he’d written stared back at me. He came up behind me and wrapped his arms around me, pulling me against him.
“I suppose I’ve gone to trial with less and won. Though right this second, I can’t remember when.”
“It’ll come down to what it always comes down to. Whether the jury believes the prosecution’s witnesses.”
“They’ll believe Jenna Rodney,” I said. “If I put Katy on the stand, even she wouldn’t contradict what Jenna saw. So the crux of my case is that Jenna never saw Katy stab Tom.”
“Will you do it? Put Katy on the stand?”
We walked out of the spare bedroom and back into the living room just in time to see a brilliant pink and orange sunset.
Two geese had landed on the lawn. Marby was outside.
He tore after them, skidding to a halt just at the shoreline.
Then the doggie strutted back to his sleeping spot under the porch.
“I really don’t know. We’ll see how things are after the prosecution rests.
Quick can deliver a surgical cross-examination.
Katy will have to tell the truth as she knows it.
She’ll have to tell the jury she slept through the murder and slept next to a dead man for up to two hours. That will be a hard sell.”
“Her toxicology helps.”
“Maybe. But I expect Quick to bring an expert on for rebuttal. They’ll say the drug combo Katy took could have led to delusions and disorientation.”
“Well, you need a good night’s sleep.”
“I need you to bring me good news, Eric. I’m praying for a miracle that you can find Maisy Carmichael and that she doesn’t have a solid alibi for the night Tom was killed. I need to give that jury at least one plausible alternate suspect.”
My doorbell rang. It was after eight. Who on earth would come down here this late that needed to ring my doorbell?
“It’s Joe,” Eric said, getting to the foyer before I did. “You want me to take care of it?”
“No,” I said. “Let him in. I don’t know why he didn’t just let himself in.”
Eric opened the door. Joe entered with a solemn look on his face. He held a piece of paper in his left hand.
“I’ll be in the barn,” Eric said, quietly excusing himself.
“Can we talk?” Joe asked.
I missed him. Things had been so strained between us over the last few months.
Part of me understood my sister Vangie’s rage.
We had let Katy’s case rip a hole in the family.
I just hoped it was temporary. That things could go back to some semblance of normal when this was all over. No matter the outcome.
“Let’s go out on the porch,” I said. “Do you want a beer or anything?”
“Nah.”
He followed me out. We sat side by side in the wooden Adirondack chairs. A pink sliver was all that remained of the sun.
We sat in silence for a moment, then Joe handed me the paper he’d been holding. “I was served this morning.”
It was a subpoena for Tuesday, day two of the trial if everything went as planned. By the time we got through voir dire, preliminary motions, and opening statements, it could eat up most of the day tomorrow. It meant Quick planned to call Joe as one of his first witnesses.
“We knew this was likely,” I said. “If I were the prosecution, I’d call you.”
“If he thinks I’m going to turn on Katy …”
“He doesn’t think that. In fact, he’s banking on the fact you won’t. You just have to tell the truth. He’s going to come at you hard about your affair last year.”
I handed the subpoena back to him. Joe crumpled it and put it in his pocket. “How is she doing? Katy. She won’t let me visit. She’s shunned Emma too. She’s pretty hurt by it.”
“Emma should be focusing on one thing only. Passing her bar exam next week.”
“She is. She’ll kick butt. I’m not worried about her as far as that goes.”
I was, but I kept it to myself.
He didn’t say anything for a while. We just sat together, watching the subtle waves.
“You should take the boat out,” I said. “Do some fishing in the cove before it’s fully dark.”
“I didn’t come here to fish. I just … I was hoping …
I don’t know. I just wanted to talk to you.
Cass, I’m sorry this has turned into such a mess.
I know you’re doing this for Emma and me more than anything.
I didn’t mean for it to get so complicated.
Vangie isn’t speaking to me. Which, to some degree, I find refreshing.
But Matt’s tense around me too. And you …
I feel like I haven’t seen you for six months. ”
“You knew this would be the deal,” I said. “I told you. And it’ll be over soon. One way or the other.”
He squeezed his eyes shut for a second and nodded. “I can’t lose her, Cass.”
“Do you still love her?” I probably shouldn’t have asked.
It was such a hard balance. There was the part of me that knew Joe’s feelings for Katy made everything that much more complicated.
If he didn’t have an alibi, he might have become a suspect.
He might be on trial right along with Katy.
At the same time, I knew how much Katy’s predicament was hurting him.
He’d spent twenty years feeling as if he were her protector. He took care of her.
“No,” he quietly said. “That’s the thing. I don’t love her. That’s been gone for a long time. It doesn’t mean I don’t care about her. Don’t worry about her. We had a life together. And that’s what that was about last year. Closure, I guess. Like we both needed to say goodbye.”
“We probably shouldn’t talk about your relationship with Katy. I shouldn’t even have asked you if you still love her.”
“I really am sorry. I know it was selfish of me to pressure you into this. At the same time, I know you’re Katy’s best chance to beat this.”
“And then what?” I asked.
“Huh?”
“And then what? Have you thought that through? If Katy is acquitted, what then? For you, I mean.”
“It’s over between us. The romantic part anyway. She’s always going to be in my life. She’s Emma’s mom, no matter how much Emma tried to run away from that these past two years.”
“I miss you,” I said, taking my brother’s hand. “I don’t like being at odds with you. And I don’t like that Emma looks like a walking ghost. This has affected her far more than I would have predicted.”
Joe’s face took on a pained expression. He was apparently just as worried about his daughter as I was. More, probably. I’d asked what he’d do if Katy were acquitted. What would it do to him and Emma if she were convicted?
“How is Katy?” he asked. “Truly. Do you think she’s up for this?”
“She doesn’t really have a choice. Over the next week, Addison Quick is going to tell an awful story about her. Castor doesn’t allow cameras into his courtroom, but this is Delphi. Everyone’s going to know her business and yours.”
“They already do. Somebody spray painted my car a couple of weeks back.”
“What? You didn’t tell me that.”
“Why would I?”
“Because maybe the cops should have gotten involved. Did you call them?”
“Of course not.”
“Well, at least run it by Eric.”
Joe smiled. “You know, I understand the irony of all this.”
“What do you mean?”
“How many times have I gotten annoyed with you over your constant need to fix things for people? A lot of the time when we didn’t ask you to. Now here I am, begging you to fix this mess no matter the consequences. And I’m not sorry for it. Not one bit.”
“I don’t want to fight with you,” I said. “I don’t want any more awkward cookouts with you and Vangie at each other’s throats. With the two of us having to avoid talking to each other.”
Joe smiled. “Like you said, one way or another this will all be over by next week. I just don’t know if things can ever get back to normal.”
“They will,” I said. “We’ve withstood worse.”
“Hmm,” he said, sounding unconvinced by my argument.
“Come on,” I said. “The bugs are coming out. I don’t want to get eaten alive.”
We went inside. Eric must have retreated to the second floor. Joe whistled for the dog. Madison was already asleep in front of the couch. She jerked her head up. A few seconds later, Marbury trotted in. He rubbed his nose against Joe’s pant leg, begging to get his ears scratched. Joe complied.
“Good boy,” he said.
“Cass,” he said. “Is there anything I should say or do, or not say or do on that witness stand?”
“I know you’re not asking me to coach you, Joe. This is exactly the kind of thing I told you could not happen. Just tell the truth as you know it. I’ll tell you what I say to every witness. Answer what you’re asked. Nothing more, nothing less. You’ll be fine.”
He startled me then, closing the space between us and hugging me. He squeezed me tight, crushing my ribs.
“Thanks,” he said. “No matter what, okay?”
“Okay,” I whispered as I looked up at him. I really had missed my big brother. As much as I wanted to brain him at the same time.