Chapter 31
“She played me, Eric,” I said. He sat on the edge of my office couch, studying the flight itinerary Tallon had given me. “The problem is, she doesn’t realize how close she really is to the truth.”
He raised a brow and tossed the papers onto the table in front of him. “She took a pretty big risk. This is borderline obstruction.”
“How? She was never called as a witness. She was never even interviewed by DePaul. When I confronted her about who she really is, she didn’t deny a bit of it.”
“But do you believe her? This noble justice warrior routine?”
“I don’t know,” I said. I reached into my top desk drawer and pulled out a bottle of ibuprofen. Popping three into my mouth, I left the bottle on the desk. Jeanie was due back from court any moment. I hoped she had a better day than I had.
“She’s going to expose Joe,” he said. “I have a feeling her next episode will be about how he lied on the stand. If you figured out his story didn’t check out, she will too. I’m surprised she hasn’t already.”
I crashed my head into my desk. Eric came over to me and started rubbing my shoulders. “I’m out of road. Maisy Carmichael had an alibi. Tallon Shipley or Theresa Sheffield has an alibi. Joe’s the only one who doesn’t.”
He stopped rubbing my shoulders and sat on the desk beside me. My pulse pounded in my ears. With each beat of my heart, a simple truth echoed through me.
The only proven liar in this whole mess was Joe.
“The facts are still the facts,” he said. “There’s no proof Joe was even there. I don’t know why he lied either. But I just don’t see it. I don’t believe Joe killed Tom.”
I stood and walked over to the window. Jeanie pulled into the parking lot. It would take her a minute to get out of her car and head to her office downstairs.
“What if it doesn’t matter?” I said.
“What?”
I turned back to Eric. “What if it doesn’t matter what we believe about Joe? I keep coming back to the same conclusion. Tallon might be right.”
“What do you mean?”
“How am I not doing every single thing she’s accused me of? I left the courtroom because of Joe’s lie. My protecting him is in direct conflict with Katy’s defense.”
“Only if Joe’s guilty,” Eric said. “I know you don’t believe he is.”
“Eric, if this were any other client we both know what I’d have to do.”
His face turned to stone. I didn’t want to say it. I didn’t want to think it. I heard the back door open and shut downstairs. Miranda was off today. Jeanie would have seen my car parked in the lot. She knew I was here. In another moment, she’d head up to tell me how things went in court today.
“Cass …” he said.
“If I found out a potential suspect lied about his alibi … if I had no other provable theory … I’d put him back on the stand. I’d confront him with the lie.”
“It doesn’t mean he had anything to do with the murder.”
“But that isn’t my job. It isn’t my duty. Reasonable doubt. That’s my job. Give the jury reasonable doubt whether Katy committed this crime. Give them an alternate theory of the case. I’ve won cases with less.”
“It isn’t your call anymore,” he said. “You don’t have to do anything.”
“Don’t I? It’s still my name out on that sign. I was fooling myself thinking putting Jeanie out front would somehow absolve me. I sent her back to court blindfolded and with one hand tied behind her back. I lied to my client. Katy asked me point-blank whether Joe was the reason I withdrew.”
“Katy isn’t just some normal client. You can’t …”
“That’s the whole point,” I said. “I did this, Eric. Tallon is right. I was stupid to get involved. I led with my emotions, my family loyalty. And it has cut me off at the knees. It has compromised Katy’s defense.”
“What if she’s guilty!” he shouted.
“Cass?” Jeanie called from downstairs.
“I have to tell her,” I said. “She might hate me for it, but I put Jeanie in the line of fire. And I’m withholding what might be her best weapon in court. If things were reversed, I don’t know if I could forgive her for that.”
“Are you sure?” he asked.
“Yes.”
I heard the back door open and close again. A moment later, Jeanie came up the stairs. As soon as she got to the threshold, she knew something was wrong. I’m sure Eric and I both looked like the grim reaper.
“It looks like I can save myself the trouble of telling you how things went today,” she said.
Her words caught me a little off guard. Jeanie came into my office and took a seat on my couch. She put her feet up on the table.
“Jeanie,” I started.
“I did my best with her, Cass,” she said.
“Maybe you could have been smoother, maybe you couldn’t.
But the story’s the story. The station manager was a dud.
Addison got her all twisted around. Castor let him introduce about twenty kooky fan emails to just about all the on-air talent at the station.
He pretty much put the jury to sleep with it.
It’s not going to be enough. I’m sorry. Katy is another issue.
She’s not backing down. She wants to take the stand first thing in the morning.
I don’t think I’m going to have a choice.
Not unless you’ve got some surprise witness you can throw my way.
Please tell me you found Tallon Shipley. ”
“I did,” I said.
Jeanie’s whole posture changed. I saw a weight lift from her shoulders. She smiled. But before she could launch into orbit, I told her what happened, leading with Tallon’s ironclad alibi. I handed her the flight itinerary.
“Damn,” she said. “But if …”
“Jeanie,” I said. “There’s something else you need to know.”
Then, slowly, with halting words, I told her about Joe’s lie. I hated myself for every second of it. The shock in Jeanie’s eyes. The anger. Then, finally, her sober acceptance.
“I’m sorry,” I said. “I know it’s unforgivable. I’ve put you in an untenable position. If …”
“No,” she said, her voice rising. “No. It’s Joe who did that. That son of a … What the hell has he been thinking? He climbed into that witness box and perpetuated a lie.”
“If it were any other case,” I said. “We …”
“It’s this case,” she said. “Is he going to make me do it? Put him on the stand?”
“Hold on a minute,” Eric said. “Everybody just slow down. Let’s just think this through.
I get it. Joe’s got some serious explaining to do.
But isn’t that the problem? You know he lied, but you don’t know why.
Haven’t you told me the cardinal rule in witness testimony is you never ask a question you don’t already know the answer to? ”
“In this case,” I said. “We may not have that luxury.”
“I have to do it,” Jeanie said. “I think it’s obvious.”
“What if he is covering up for Katy?” Eric asked. “Then how is forcing the truth out of him in front of the jury going to help her? All it will do is burn both of them.”
“There’s nobody else,” Jeanie said. “If I can’t produce another witness tomorrow morning, Quick’s going to begin his rebuttal.
Cass, he’s got Lissa Daughtry. Another inmate reached out who’d seen Lissa and Katy getting buddy-buddy.
Quick’s probably engineered some kind of a plea deal with Lissa by now.
He filed an amended witness list at the end of the day.
I objected. Fought like hell to keep her out, but Castor wasn’t buying it.
The way things stand right now, I have to rest. Quick’s going to call Lissa.
She’s going to testify about the conversation she had with Katy.
She’ll confirm everything she said on that podcast episode.
That Katy was still pining for Joe and he’ll try to give the jury a motive.
And that’ll be the last thing they hear before they’re off to deliberate. ”
“He has to tell me the truth,” I said. “Otherwise, Joe’s alibi lie is the only thing that might save Katy. Let me try one more time. I’ll lay it out for him. Whatever it is.”
“Do you really think he’d take the fall for her?” Jeanie asked. “Do we really believe that’s what all this is about? That Katy wanted to be with Joe and she wanted Tom’s money so she could bail out his business? Is that what we’re really talking about?”
“It’s what the prosecution is really talking about,” I said.
“It could backfire,” Jeanie said. “You know that’s the worst-case scenario. Not only do we fail to defend Katy, but we put Joe in jeopardy too. I swear I could kill him!”
“You have got to get him to admit why he lied about his alibi,” Eric said. “That is the bottom line.”
“If he won’t do it in private,” Jeanie said, “then I have to make him do it in court.”
“No!”
Emma’s voice startled all three of us. None of us saw her standing in the hallway. She stepped forward, all color drained from her face.
“No,” she said. “You can’t put him on the stand! You can’t use my father to save Katy. You don’t understand. I can’t let this go on. I’m sorry. I’m so sorry. I had no idea. I never would have thought he’d take it this far!”
“Emma?” I said. She didn’t look well. She seemed to be having trouble staying on her feet.
“You can’t put my dad through this. I won’t let you. Because he didn’t lie to protect Katy.” She sobbed. Her lips trembled. “He lied because he’s trying to protect me.”