The Victim's Wife Page 26

  “This is all speculation, Detective Thompson. Do you have any reason to believe that they actually used QuickSend?”

  “We know that they are both connected to each other. We know they have it installed on their phones.” He paused, a brief smile flitting across his face before he was all business once again. “Perhaps it might also be helpful for you to know that neither of them has added anybody else on QuickSend. It is clear to me that they used it to communicate without leaving behind evidence of their communications.”

  “But you cannot prove that they communicated using this social media app. Correct?”

  “No, I cannot.” Detective Thompson did a solid job of looking like that was even further evidence of this point. He spoke matter-of-factly and without ever glancing at the jury. There was not an ounce of hesitation on his face. He believed what he had said was true.

  Cindy had set a trap and I had walked right into it.

  The prosecution had disclosed everything they had found on both Mason’s and Penny’s telephones, but I had not thought anything about it when I had reviewed the listing of their apps.

  Cindy is trying to force me to put Mason on the stand, I thought. It was time for a shift in questioning.

  I glanced at the jury and saw that they were all eating this up. Apparently, they all knew about QuickSend and its unique message-deleting functionality.

  Seems like there is a new social network every week. It’s hard to keep up.

  “Did you find any indication that Mason had ever been into Penny’s home?” I asked.

  “No, we did not.”

  “Did you find anything belonging to Mason in Penny’s home?”

  “No, we did not.”

  “You mentioned that you had found evidence that Penny and Mason had met up in the past. When was the last time they met face-to-face?”

  “In July of last year.”

  “And that was the last time they were together?”

  “Yes, that we can prove.” His tone left no doubt that he believed they had met since then.

  “And the last time you can prove that they communicated with each other was six months ago?”

  “Yes, that is accurate.”

  It looked like Detective Thompson wanted to say something more, but I cut him off with another question. It was time for me to send the ball home, even though I had got tripped up along the way.

  “Do you remember the substance of their last message?”

  “I do not.”

  “Perhaps I can refresh your memory.” I opened up a folder that I had with me and pulled out several sheets of paper that I distributed. “We would like to introduce these messages into evidence.”

  Once Detective Thompson had his copy, and I had authenticated it, I asked him to read the first message on the paper.

  “This is a message from Penny to Mason,” he said, “it is dated June 15th of last year. ‘Mason, please don’t ignore me any longer. I would like to meet.’”

  For his part, Detective Thompson read it professionally and loudly as if he did not think this hurt his case in the slightest.

  “Do you see Mason’s response below?”

  “I do.”

  “Will you please read it?”

  “‘It’s best to leave this in the past, Penny.’”

  “Is that all the message said?”

  “Yes.”

  “What is your assessment of these messages?”

  “As I said before, I believe they were setting up a pretense, so they did not look connected when six months down the road Mason killed Max.”

  “Do you see anything in these messages that makes you think that there is an ongoing relationship?”

  “As I’ve said before—”

  “No more speculation. Just answer the question, Detective, if you would.”

  Detective Thompson gave me an unreadable look. “If I go by these messages alone, there is no indication of an ongoing relationship.”

  “Thank you, Detective,” I said, looking up at the judge. “I have no further questions for this witness, but I would like to reserve the right to recall him during the defense’s presentation.”

  “So noted.”

  I avoided eye contact with Detective Thompson as I sat down, primarily, so I did not glare at him.

  See if I ever did him another favor.

  52

  Steve Barnum’s cross-examination of Detective Thompson went well enough, but nothing really came out of it that was helpful for Mason. Luckily, nothing incriminating surfaced either.

  The most damaging thing was that both Mason and Penny had QuickSend on their phones and were connected to each other but nobody else. That right there screamed conspiracy if nothing else did.

  Who would make an app where the whole purpose is to communicate secretly? While I certainly wouldn’t begrudge somebody the ability to keep their communications private, people looked at everything askance and from the most paranoid perspective possible when it came to a court of law.

  Whether or not a person had nothing to hide was not the point. It was the very fact they acted as if they had something to hide that was the problem.

  After Steve sat down, Judge Lewis looked at his watch and saw that it was almost five o’clock and decided to end the trial for the day.

  “Make sure to discuss this case with nobody, not even amongst yourselves,” Judge Lewis instructed the jurors before dismissing them.

  “That could’ve been worse,” Mason said after we handled a few other matters once the jury was gone and the judge had dismissed us, “it could’ve been much worse.”

  I arched an eyebrow at him. “Assume it’s worse until you know it’s better. That way, you won’t be disappointed when things don’t go our way.”

  I didn’t stop to explain what I meant as I walked out of the courtroom, ignoring the usual gaggle of reporters who wanted to ask me questions about the case. I was furious with myself for not knowing what QuickSend was and even more furious with Mason for not disclosing to me that he had a way to communicate with Penny that couldn’t be traced.

  “Mitch!”

  I turned when somebody grabbed my arm, and I saw that it was Cindy. “Do you have a moment?”

  I nodded and looked around the crowded area. Judging by the look on her face, she wanted somewhere private. “Sure, where do you want to talk?”

  “How about my office?”

  I stood in Cindy’s office ten minutes later, after we had crossed the street over to the District Attorney’s building. During the years since I had left the prosecutor’s office, I had never returned to my former employer’s location. It was strange now for me to walk back into the office. I had walked past a few people I knew and had greeted them. Several came out of their offices to gawk when they saw me. I hid a smile at the stir my presence was creating.

  It felt strange to come back, but more than anything, it felt good to know that I didn’t work here any longer.

  It had not been my cup of tea.

  When Cindy had turned down the hallway where the junior prosecutor’s offices were located, it had occurred to me that I had forgotten just how small the offices were for the lower members of the prosecution.

  As Cindy had pulled out the keys to her office and unlocked it, ushering me inside, I was surprised she didn’t even have a window. Her office was bigger than my walk-in closet at home, but not by much.

  A small wave of claustrophobia had washed over me as I entered. It got even worse after she had pulled the door shut behind us.

  She motioned at a seat in front of her desk as she took her seat across from me.

  “Thank you for coming,” she said, “I also appreciate you coming all the way over here. I didn’t want our discussion to be overheard. I want to discuss Mason testifying against Penny.”

  I arched an eyebrow. “Really?”

  “Yes, if Mason is willing to testify against Penny, we will drop all present charges against him and enter a new charge for manslaughter.
”

  “You want him to testify in this case?”

  Penny shook her head. “No, we want him to testify in the case about Frank.”

  I nodded. “How many years for manslaughter?”

  “Three.” She gave me a steady glare. “I feel like it’s kind of a mixed bag out there for both of us right now, but I’m doing you a favor because I’m going to win.”

  I shook my head. “We’ll see about that.” I gave her my best smile. “I have some doozies planned.”

  My smile grew in size.

  It took her a moment to find her tongue. “Are you kidding me?”

  “You’re just gonna have to wait and see.”

  “Are you rejecting the offer?”

  “Of course not. I’ll take it back to Mason and see what he says.” I shrugged. “I hope he doesn’t take it because I’m looking forward to my presentation.”

  “Mitch, you can be so exasperating sometimes,” she said, rubbing her hands on the side of her head. “Please just convince your client to take this offer. I am overworked. I have Penny’s next trial coming up right on the heels of this, and I need time to prepare.”

  I was taken aback by the rare moment of candor. “I will talk to my client. I’ll do my best, promise.” I didn’t actually know how hard I would try to convince Mason to take this offer. “What if he doesn’t have anything to say about Penny?”

  “He does. I’m confident about it.”

  “How sure are you?”

  “Very confident.”

  I smiled. “You’ve been smoking your own dope.”

  “How do you mean?”

  “You believe Mason and Penny were in regular contact with each other prior to Max’s death.”

  Cindy rolled her eyes. “Of course, they were. He has much to say. I guarantee you that.”

  “If you can prove it—”

  “If I could prove it, I wouldn’t be talking to you!”

  “Will you require that you hear his testimony first before entering the agreement?”

  Cindy hesitated and then shook her head. “No, he knows a lot. I can’t tell you how I know because it’s not admissible; suffice it to say that Mason is not the man you think is he is. Trust me. I’m doing him a favor. He deserves to go to jail for much longer than this offer will get him.”

  “Fair enough,” I said, moving to stand.

  Cindy looked at me. “Do you ever regret what happened between us back in the day?”

  I paused halfway between sitting and standing and decided I should probably be sitting even though the last thing I wanted to do was get drawn into a conversation about our past relationship.

  “I suppose I have some regrets,” I said cautiously, staring intently at her.

  “I do as well,” she said, nodding. “I was just so young, you know?”

  “We both were,” I said, “that’s kind of the point of college. You get to go out and be an adult to make all sorts of mistakes your parents would never let you make so could learn on your own.”

  “Is that what our relationship was, a mistake?”

  The question took me off guard, but luckily, I shook my head without thinking about it. “Of course not. It was good for what it was.”

  “And what was that?”

  “An experience on the cusp of youth.”

  She nodded. “I’m sorry I was so difficult back then.”

  I was further taken aback by this. “Really?”

  She gave me a sharp look. “Don’t try to tell me you weren’t either. The great Mitch Turner has always been a difficult person. I’m not trying to get you to apologize; it’s just I’ve been trying to—” She trailed off in search of the right words. “I’ve been trying to put my life back together.”

  “Back together?” I asked, surprised the disclosures continued to expand.

  “I’m going through a divorce right now.”

  I stared at her, dumbfounded.

  She wasn’t wearing a ring. The entire time I had known her, she had never worn a ring. I had not even known she was dating anybody, let alone married.

  “Divorce?” I sputtered.

  “Yeah, Mitch, I’m married.”

  I wanted to act as if I’d known all along, but the news had taken me by complete surprise.

  “Kids?” I asked.

  She shook her head. “No, thank goodness, that would just make it so much more complicated.”

  “How long have you guys been separated?”

  “A few weeks.” She gave me a sheepish look. “I must admit that inviting you out to lunch had ulterior motives. Things had just started to get really bad with him back then, and even a lunch date with you for a professional matter seemed to be a breath of fresh air.”

  “Your ex-boyfriend who dumped you after just two weeks of dating during your junior year of college was a breath of fresh air, especially when he’s a cantankerous defense attorney?”

  She gave me a roguish smile. “That’s how bad it was.”

  “I’m sorry to hear that.”

  She looked at the stack of papers on her desk. “I’m sorry, I shouldn’t’ve brought it up. I’m sure you and Barbara are doing just fine—”

  She glanced over at me and must have seen my expression.

  I had not intended to tell her this when I had walked into this room, but considering the surprising disclosures she had just made, it felt somehow wrong not to tell her that I was once again single.

  I hesitated for only a moment, wondering if this was some sort of manipulation, but decided against it. She appeared authentic and genuine.

  “Actually,” I hesitated, “Barbara and I have just recently broken up.”

  “I’m sorry to hear that.”

  There was real empathy there. I would’ve expected she’d be happy to hear of it.

  Perhaps I’d read her wrong all these years.

  “It was coming for a while.” I shrugged. “Just kind of how these things sometimes go, you know?”

  “If you want to talk about it—”

  “Thanks, I’ll keep that in mind.” The last thing I wanted was for us to bond over failed relationships.

  I hesitated, wondering if this was a good place for me to make my exit. Cindy stared at the desk in front of her. I could tell she was thinking of something else, but I didn’t like the expression on her face.

  No matter what else happened, I was not going to get back together with Cindy. I had learned my lesson many years ago, and I did not need to relearn that lesson again.

  Even if she seems more attractive now than back then.

  I stood.

  “Mitch,” Cindy said.

  “Yeah,” I said, curious to know what she was going to say but also trepidatious.

  “Good luck out there if you don’t convince your client to settle.”

  “Thanks,” I said, relieved that was all she had said. I considered saying the same thing to her but figured that I couldn’t say it with any degree of authenticity, so it was best not to waste my breath.

  I’d also been about to ask if her failing marriage was the reason she had stolen my notes, but I kept quiet.

  It was time to let that go.

  53

  I was just walking up to my office when I remembered that I had never texted Barbara back, so I set my briefcase down on the sidewalk and pulled out my phone. I sent her a quick thank you and asked how she was doing.

  It seemed the polite thing to do. I still couldn’t get over how she had come back to my office unannounced and apologized. I had not yet told her that she been drugged that night. I owed her that much, at least, if nothing else.

  She responded right away. “I’ve had better days.”

  “Want to meet for dinner?” I texted back.

  “That would be great.” We quickly agreed on a time and place. I stood in place for a couple of moments after that, staring at my phone, thinking about how I wanted things to go with Barbara. A part of me thought we should get back together, but another part knew
I should let her move on.

  And I really still don’t have an answer to the question of where this is going, do I?

  I shook my head as I opened the door to my law office and walked in, expecting to see that Ellie had already left for the day.

  Ellie was at her desk, and to my surprise, Vivian’s receptionist Karen Barr was there as well.

  Karen stood when she saw me and extended a hand. “Mr. Turner, do you have a moment?” She hesitated, as if uncertain what to say next. “I would like to speak with you.”

  I shook her hand. “Come on into my office.” When I glanced over at Ellie, I could tell she had something she wanted to talk with me about, so I ushered the young receptionist into my office and hung back.

  “I received a phone call from Mason a few minutes ago. He wanted you to call him as soon as possible.”

  “Thanks,” I made as if to go into my office and then turned back. “You should head home.”

  “You know me better than that.” Ellie gave me a toothy smile as I shut the door behind me. I was planning to work until 8:00 PM. After that, I had arranged to meet up with Barbara. I fully expected Ellie would still be out there when I left.

  “I’m surprised you came to meet with me,” I said to Karen as I sat, choosing to sit in the other guest chair instead of behind my desk. I figured this was less intimidating, and as she had been easily scared the last time, it was best to do everything I could to mitigate any chance of her bolting.

  I hesitated halfway into my chair. It could easily backfire. She might feel less comfortable with me sitting this close. I shook my head slightly and decided I was overthinking it as I sat.

  “I’m sorry about that,” she said, staring at her feet, “I received a text message from somebody threatening that bad things would happen to me if I met with you.”

  “Really?”

  “Not joking.”

  “You know who it was from?”

  She shook her head. “It was from a number I did not recognize. When I tried calling, they didn’t answer. They sent me a text message saying that if I tried to call again, there would be severe consequences.”