The Victim's Wife Page 33

  Mason was doing a better job of not letting her get to him.

  The man really did believe he was innocent of Max’s death.

  Do I? I wondered, knowing that the answer itself was not particularly relevant. I had a job to do. I had to put the prosecution through their paces. I had to represent my client zealously.

  It was not my job to judge.

  That’s why we had a jury.

  The questioning went on for nearly two hours, with one five-minute break in between. By the end, Cindy was visibly exasperated. Mason, who at one point had looked worried, had become more confident as time went on. I had lost count of the number of times he had said, “I was not myself.” The message was starting to resonate with the jury.

  In her effort to expose Mason as somebody who had no control, she had done the exact opposite while giving him a chance to repeat a refrain that would stick with the jury when they began deliberations.

  I looked at the doubting juror I had taken note of before. In my opinion, they were starting to believe that Mason was not himself that day.

  I had not yet even put my expert witness up on the stand.

  63

  “The prosecution has no further questions for the witness,” Cindy eventually said, moving to sit. I let out a sigh of relief, glad that my gamble had paid off better than I could have hoped. Mason had not only represented himself well; he had been articulate and done a thorough job of coming off as somebody who had not been in his right mind at the time of Max’s death.

  “Counselor, would you like to ask a few questions?” Judge Lewis asked Steve Barnum.

  “Just a few, Your Honor.”

  “I would like to start by discussing your relationship with my client,” Steve said after he had organized himself at the lectern. He had taken a water bottle and two notepads: one blank and the other full of notes. He placed a stopwatch beside them. He glanced at the judge furtively, as if remembering the judge’s admonishment not to retread ground already covered.

  Steve took a swig of water and started into his questions. “It is your contention that you never communicated with my client during the six months prior to Max’s death, is that correct?”

  “Yes, that is correct.”

  “Not even over QuickSend?”

  “Yes. Not even over QuickSend.”

  “So you did not communicate with her one time through that social network, is that correct?”

  Mason thought about it. “If I did, it would’ve been to tell her to stop using QuickSend to communicate with me. It’s possible I forgot something, but I don’t think so.”

  Steve nodded as if satisfied with the answer. “It has been alleged that you conspired with Penny to kill Max.” Steve paused. “Did you ever tell Penny you were planning to kill Max?”

  Mason looked thunderstruck. “Of course, not. I didn’t know I was going to do it! Have you not been paying attention?”

  Steve ignored the question. “So at no point did you ever conspire with my client?”

  “Absolutely not.”

  “When Penny called you after Max’s death, what was the nature of those calls?”

  “I think she wanted us to get back together. She didn’t say as much, but I think having Max gone from her life meant she felt there was now an opportunity for the two of us to build a life together.”

  “And how did you feel about that?”

  “As I’ve already made clear, there was no way I would consider that.”

  “So you spurned Penny’s offer?”

  “I don’t know that I would put it like that. I did my best to be polite, but I also recognized she was in a difficult emotional situation. I didn’t want to make it worse than it already was.”

  Steve asked a few other questions and soon sat down.

  The judge looked at me.

  “I’d like to call my next witness,” I said, getting to my feet.

  Judge Lewis looked at his watch. “Let’s do it after lunch. We will break for an early lunch. I expect everybody to be back in their seats in ninety minutes.”

  64

  I was a little surprised the judge had given us so long. Perhaps he was hoping that deals would be made in the interim. It wasn’t a vain hope based on how things had gone in court today. I could tell Judge Lewis thought that if a deal wasn’t already on the table, one should be offered.

  I glanced at Cindy. She was staring at her notebook. Things had not gone as well as she had planned.

  Mason sat beside me and leaned over. “How did I do?”

  “You did great,” I said as I packed up my briefcase. “Things couldn’t have gone better.”

  Mason nodded. “I felt like that too.”

  “I think we’ll get a hung jury if we get nothing else.”

  “What does that mean?”

  “They would have to try you again.”

  “I don’t like the sound of that.”

  “It’s a good thing. It would allow us to leverage a much better deal if you want it.”

  “Do you think it will go that way?”

  I shook my head. “Can’t say for sure, but I’d bet things get a lot better if that happens, the only thing that could change is if they turn up new evidence of guilt.

  “The bigger problem we have is you just testified Penny had nothing to do with you killing Max.” I shook my head and glanced at Steve on his way out of the courtroom, wondering if he had done that to kill the possibility of a deal. The guy might be shrewder than I gave him credit for.

  This was likely a problem. If not for this last bit of testimony, Cindy might have been willing to agree to a year, maybe six months. Mason had just made it clear he had nothing to offer her on this case even though she’d only wanted him to testify in the case about Frank’s murder.

  “Penny didn’t conspire with me. What else could I say?”

  “I know, but that’s one piece of leverage Cindy was hoping to gain from you. After making a deal with us, she would have gone to them and tried to wrap Penny up based on the fear of you testifying against her.”

  “I thought the deal was off the table once I took the stand.”

  I gave him a look. “Deals come and go, quickly at times. Why do you think the judge gave us so long? You just took away a piece of leverage she was looking for, that’s all.”

  “I see.”

  Mason fell silent. I could see the wheels in his brain working. “What if I can—”

  He didn’t get a chance to finish what he was gonna say because Cindy approached and looked down at me. “You have a sec to chat, Mitch?”

  I glanced at Mason. “I’ll call you if anything comes up.”

  Mason nodded at Cindy. “Good work out there,” he said with a smile as he walked away.

  “Did you tell him to say that?” Cindy asked, glaring after him.

  I shook my head and chuckled.

  “The man’s about as arrogant as you.”

  “What do you need?” I said, smiling all the more.

  “You have plans for lunch?”

  I shrugged. “I could eat.”

  65

  We had been sitting at the table for almost five minutes while looking at our menus. Every so often, I would glance at Cindy, expecting her to make eye contact and start the conversation, but she seemed to be fastidiously looking at every item on the menu, trying to decide what she wanted.

  I was not fooled. She was just trying to figure out what her next best play ought to be. Mason had come off as super credible. She knew it. The judge knew it.

  The jury probably knew it.

  The judge expected us to come back with a plea bargain. He had all but told us to do that.

  The time grew long and I was starting to wonder if I needed to initiate the discussion. After a moment of consideration, I decided to wait it out, forcing myself to review the menu to see if there was anything else I wanted other than the entrée I had selected.

  “How about we talk a new number?” Cindy finally said, putting he
r menu down five minutes later. She looked resigned to her fate.

  I shrugged. “What do you have in mind?”

  “Two years.”

  That was higher than I expected her to come out with, primarily because there was a good chance my client could walk away from this altogether.

  I nodded as if considering the offer. “Would he be required to testify against Penny?”

  Cindy gave me a startled look. “It doesn’t seem like he has anything to say, does he?”

  “Not of which I’m aware. I don’t think he’ll recant the testimony he just gave, and I don’t think he knows anything about what happened to Frank.”

  “Two years.” Cindy tried to speak as if this were a firm offer, but I had no doubt we could get her down still. It was time to play it cool.

  “I’ll let him know.”

  “Mitch,” Cindy said slowly, “can I level with you here?”

  “Sure.”

  “Off the record?”

  “Of course.”

  “I would’ve pled this case out a long time ago, but it’s difficult politically.”

  “Why?” I tried to act as if I were surprised, though I was not. I knew exactly the type of pressure she was under. I empathized with her situation.

  “My boss, actually, my boss’s boss, wants to look tough on crime. He also doesn’t want to let the rich go free. This case is problematic for him on both fronts.”

  “That’s not what’s happening here. You have to look at the situation based on the facts.”

  “I know that, but that’s not how it’s going to play out in the media. You know it. I know it.” She took a deep breath and let it out. “So... It’s a difficult situation.”

  “I don’t think Mason is gonna want to be away from his family for two years,” I said. “Two years is a long time when you have young children.”

  Cindy grimaced. “One year.”

  “Two weeks.”

  “He killed somebody, Mitch.”

  “He was drugged. I think there’s a strong likelihood of acquittal here once I put my expert on the stand. I was paying close attention to the jury today. Not guilty. That’s what’s coming. That’s going to look even worse for your boss, won’t it?”

  Cindy swallowed. It was almost as if she had something personal on the line.

  “Are they gonna let you go if that happens?”

  Cindy refused to make eye contact for a moment and then regarded me with unblinking eyes. “Can you honestly tell me that he is not culpable for his actions, not even a little bit? The anger that the drug inflamed was real. The desire to do harm was real.”

  “But it was the drug that unlocked the door. Do you know how much he must have ingested when he ate those fun-sized candy bars? If it was you in this situation, how would you want to be treated? It’s difficult to say what would’ve happened if he’d not been poisoned.” I paused and held her eyes. “It’s hard to say what would’ve happened if Max had not been drugged too.”

  “Oh, come off it.”

  I leaned forward. “You have this all wrong. You have Penny charged, and that’s a good start, but you’re not going about it the right way. You’re missing another perp.”

  “What do you mean?”

  My phone buzzed. It was a text message from Winston. My face lit into a smile.

  My theory proves out.

  “How about when we go back into court, you ask for a small recess? Just until the end of the day.”

  “What is this about?”

  “Do you trust me?”

  Vivian shook her head. “Of course not.”

  “Give me a little latitude then.”

  “Mitch, what do you have in mind?”

  All I did was smile.

  66

  Judge Lewis looked surprised by Cindy’s request; clearly, he had expected something else, but he granted it after making sure that Steve and I were both okay with it.

  Steve had agreed, not knowing that the trap I’d been working on for both his client and Vivian was about to be sprung.

  If I were in Steve’s shoes, knowing what I know, I would’ve insisted the trial go on to make it more difficult for me to maneuver, but as it was, he readily agreed and seemed glad to have the time.

  The poor sap.

  A few hours later, there was a knock on the door to my conference room back at the office. Cindy and I had been passing the time in idle chitchat.

  Ellie opened the door. “It’s Vivian. Do you want me to show her in?”

  “Yes, is she with somebody else?” I asked, wondering if she’d wizened up and brought an attorney.

  Ellie shook her head.

  “How about you take first stab at this?” Cindy said, slipping out the door. She was still dubious about the plan, so she wanted me to take the risk. I didn’t blame her.

  “Happy to do it.”

  A couple of minutes later, Ellie showed Vivian into the conference room. I met her at the door, shaking her hand.

  “Thank you for coming to meet with me.”

  “Of course,” Vivian said with a confident nod, “I’m happy to help Mason in any way I can.”

  Once the door was shut behind me, I took a seat and I smiled at Vivian.

  “How are you doing, Kelly?”

  67

  Vivian stared at me as if I were on drugs, making me smile all the more as I watched the reaction on her face.

  “Excuse me?” The friendliness that had been apparent before was gone. If there had been any doubt in my mind, that was also gone.

  “I’ve been working on the theory that you and Penny belonged to the same cult.” I paused to give Vivian a chance to say something, but she sat in silence. “There was another woman who was a part of that cult who left at about the same time as Penny. The news stories about her are kind of interesting. I don’t blame you for changing your name and altering your appearance with plastic surgery.”

  “I don’t know what you’re talking about.”

  “Do you want to know what tipped me off?”

  “I don’t, because this is a waste of time. You have the wrong person.”

  “It’s the fact you and Vivian liked to meet nearly every day at the country club. What was it, a daily ex-cult reunion? Did you guys need support just to get through the day?”

  “So what if I met up with Penny? That proves nothing. She and I have been friends for a long time.”

  I raised an eyebrow. A little piece of information Penny contradicts.

  “These rendezvous made me look into your past more closely. And wasn’t I surprised when I learned that a lot of your past had been carefully hidden. Now, why would you want to do that?”

  Vivian stared at me.

  “Because you have something to hide.”

  “I’m leaving now.”

  I smiled at Vivian, who had not moved. “That’s fine, you can walk out that door, but I think you might want to talk with a friend of mine before you do.”

  “Why?”

  “We can prove now that it was you who poisoned the Snickers candy bars.”

  Vivian rocked back in her chair. “I still have no idea what you’re talking about. You are mistaking me for somebody else.”

  “Your fingerprints were all over the jar in Mason’s office.”

  “What jar?”

  “The jar of candy that sat on his desk.”

  A look of comprehension crossed her face. To me, it looked fake. “Of course, they were. I always took a candy bar when I walked in there.”

  “I know.”

  “How do you know that?”

  “Mason told me.”

  “See,” she shrugged as if she were winning the argument, “that doesn’t mean anything.”

  “But you see, your fingerprints were the only fingerprints on that candy jar. Mason’s were not on it. And interestingly enough, neither were mine.”

  “Why would yours be on it?”

  “Because when I went to Mason’s office that first time, I wa
s famished. I took some out. I ate one and saved the others for later.” I grimaced. “It led to an unfortunate situation for me. Lucky for you, I’m a forgiving man. That’s why I’m approaching you first instead of Penny.”

  “This still has nothing to do with me. So what if my fingerprints were on that jar? I’ve already admitted to eating them all the time. That’s no surprise at all.”

  “When I went there the first time, I took candy bars out that were laced with drugs. When I went the second time, I took the whole jar with me, assured by Karen Barr that nobody else had accessed the room since the last time I had been there. All of the poisoned candy bars were gone, and your fingerprints were the only ones on the jar.” I gave her a smile. “You didn’t think it would be a big deal. Nobody would think twice about your fingerprints on the jar, especially if there was nothing poisoned within. If I were to venture a guess, your fingerprints would not have been on the jar the first time. You got lazy. That’s how we got you.”

  I took a deep breath and let it out slowly, holding her gaze.

  “Do you see where I’m going with all this?” I asked.

  “I’m leaving now, Mr. Turner.”

  “You’re free to go. I have no legal right to hold you, but let me make sure you are fully aware of the situation. There is a problem. A problem you might want to address before you leave. In just one moment, I’m going to talk with Penny and her attorney.”

  “And how does that concern me?”

  “I figured out what you and Penny were doing.”

  “What’s that?”

  “I don’t know that I figured out everything, but I have a good enough idea to move forward with this. Maybe you guys had a little wager. Maybe you acted independent of each other, but I doubt it. Regardless, both of you were using the same means of manipulating people that you learned during your time in that cult.

  “You see, that’s what threw me off at first. I thought that Penny had poisoned both the Dr Pepper and the Snickers bars. It turns out that you poisoned the Snickers bars, and she poisoned the Dr Pepper.”

  “Dr Pepper?” Vivian gave me an unbelieving look. “You’re truly losing it now. If you had any evidence to support this, you would’ve surely brought it up at trial. I might not be allowed in, but I’ve heard nothing about this. I am going,” she said, standing, “this time for sure.”