Splitsville, page 24
“I’m very resourceful. And today is a school holiday.”
“Says who?”
“Me. Look I don’t have time to explain.” She seemed breathless. Kenzi couldn’t even begin to guess how hard it must’ve been for her to find a ride downtown.
She glanced at her phone. Yup. Lots of texts from Hailee. None of which she’d read, because she’d been busy in court.
“I think I’ve found something, Mom. Something that could turn this case around.”
Emma was quicker on the uptake. Probably because she didn’t care whether the kid was playing hooky. “What’ve you got?”
“A lot. Problem is, we don’t have time to get a medical witness of our own. Can you buy us some time?”
Emma shook her head. “The judge will never give us a continuance. He wants this over yesterday.”
“Figured as much. A woman in the clerk’s office told me Dr. Chang is in Courtroom Three on another case.”
“Meaning…”
“She can be our medical expert.”
“She’s a prosecution witness.”
“You can ask her nicely.”
“Not gonna happen. She works—”
“Okay, subpoena her. Write one out and get it stamped and signed before she escapes.”
“She’s not gonna like this. And neither will Harrington.”
“All the more reason to do it.”
Kenzi gave her daughter a stern eye. “Hailee, are you sure about this?”
“Absolutely. Get the subpoena going. Then I’ll explain.”
She noticed Emma was already filling out the form. “We’re going to take this on faith? Put our careers on the line and potentially alienate the judge? Because my teenage daughter thinks she has something?”
Emma shrugged—and continued writing. “Girls got to stick together.”
Dr. Madison Chang was clearly not delighted to be dragged back into this trial. Although Kenzi did not for a minute think her prior cross did that much damage, it had perhaps put a chink in Chang’s armor. Harrington complained that the medical examiner had already been on the stand, but Kenzi insisted they were going to discuss new issues and evidence not considered on direct. Given that the woman was on Harrington’s witness list, he could hardly claim undue surprise.
Even though Kenzi was about to surprise the heck out of him.
“Dr. Chang, thank you for returning to the witness stand.”
Chang grunted her reply.
“You’ll recall that before, I suggested that it was possible the victim was dead before the fire broke out. And you agreed.”
“I did not agree. I said it was vaguely possible.”
“In fact, this possibility is entirely consistent with the medical evidence as laid out in your report, correct?”
“As I said, it’s vaguely possible. Not probable.”
“How can you say that if it doesn’t conflict with the medical evidence?”
“I find it all too coincidental and—”
“Wait a minute. Are you testifying as a doctor now? Or are you weighing the evidence? With a prosecution bias.”
“I think I can—”
“Because weighing the evidence is the jury’s job, Dr. Chang. I’ll ask you to stick to offering expert opinions based upon your examination of the corpse.”
Her expression lay somewhere between miled irritation and extreme anger.
“Dr. Chang—why does your report make no mention of the hyoid?”
Chang hesitated. “I…what…I mean, why would it?”
“Hyoid evidence can be relevant when determining cause of death, can’t it?”
“Only if there’s been some kind of neck injury.”
“And had there been a neck injury in this case?”
Kenzi could see the wheels turning inside her head. “This is the problem with calling me to the stand without prior notice. I’ve had no chance to review my notes.”
“I have copies.” Emma handed her the relevant documents. “May I approach?” The judge nodded. “These are your notes, your reports, and everything else you’ve generated relating to this case.” She gave Chang a moment to review the documents. “I can see why you might’ve ignored the hyoid—if you went into the examination assuming the victim burned to death or died of smoke inhalation. But if you open your mind to other possibilities, it can be quite informative.”
Chang was staring intently at a particular X-ray.
She’d spotted it. Good. That might make the rest of this easier. She hoped she wouldn’t have to go toe-to-toe with the doctor. Hailee was the would-be physician, not her.
“I see you’re staring at Exhibit 47. Before we discuss that, doctor, would you explain to the jury what the hyoid is? I’d never heard of it before this trial, and I may not be the only one.”
Chang cleared her throat. “The hyoid is a minute horseshoe-shaped bone in the neck. It’s key to tongue movement, chewing, swallowing, and other similar movements. Keeps the airway open during respiration.”
“What’s the significance for a criminal investigator?”
“It can be damaged when there’s significant injury to the neck.”
“Like when people hang themselves?”
“No. Hanging rarely damages the hyoid. Only occasionally, mostly when the victim is older.”
“What about strangulation?”
“Yes, the hyoid is often damaged in strangulation cases. I mean, deliberate strangulation. Manual strangulation. The killer’s hand gets up high, beneath the victim’s chin, and crushes the hyoid while cutting off the air supply.”
Kenzi paused, building the jury’s anticipation. “Doctor, was the victim’s hyoid shattered in this case?”
Chang looked down at the X-ray, then up again. “Yes. Decisively.”
“Which means the victim was strangled.”
“It means it’s possible. It is far—”
“So we first established that the victim could’ve died before the fire broke out, then we established that the victim could have been strangled. Before the eyewitness saw a long-haired figure racing across the lawn. How long before the fire did the victim die?”
“We’ve covered this. I can’t say with certainty. It’s possible the neck was injured some other way. She could’ve fallen.”
“Please. What fall would be sufficient to break the hyoid? Tumbling from the top of the Space Needle?”
“It…would have to be significant.”
“An accidental fall wouldn’t do the trick.”
“Probably not.”
“So when Maya arrived at the lab to get her things, Maggie Price might have already been dead. Or unconsciousness, which would explain some of the internal damage you described earlier.”
Chang glanced at Harrington. “We can’t say for certain—”
“But it’s possible?”
Chang drew in her breath. “It’s…not inconsistent with the medical evidence.”
“Given the damage to the hyoid, it’s even probable, wouldn’t you say?”
“I…need more time…”
“But you can’t rule out the possibility?”
She frowned, paused, but eventually answered. “No.”
“Thank you, Doctor. I have nothing more.”
Kenzi pivoted around—and saw Hailee sitting in the gallery with a triumphant fist in the air.
Sharon sat beside Hailee, patting her on the back. Emma and Maya were both smiling. For the first time since this trial began.
Yes, it seemed she had assembled quite a team here…
Chapter Forty-Four
Kenzi was pleased with Chang’s testimony, but she still had a lingering feeling that she hadn’t clinched it. She needed to give the jury more than possibilities. She needed to tell them who committed this crime and how it was done.
Emma thought they should put Maya on the stand to defend herself. But Harrington would go scorched earth on her, talking about spankings and wives and cults. She’d come out of that cross looking like Jack the Ripper.
Kenzi huddled in the courtroom hallway with Maya and her three cohorts. The judge had given them a ten-minute break, but after that, he expected Kenzi to call her next witness.
“You can put me on the stand,” Maya said. “I’m tough. I’ll survive.”
“I know you will. But Harrington won’t play fair. He’s losing ground and he knows it. He’ll go to EF4 before you’ve finished stating your name.”
“If I get my little girl back, it will be worth it.”
Maya assumed testifying would help her. But Kenzi was not so sure. “Forgive me, but I have to be the lawyer. You can be the mother.”
“That’s all I ever wanted.” Maya’s eyes suddenly widened. Kenzi was afraid she would cry—because she knew that if Maya started, she would soon join her. “From the moment my little Brittany was born, I wanted to be the best mother ever. I wanted to take good care of my little girl.”
Emma laid a hand on Maya’s shoulder. “I admire your devotion to your child.”
“I’ve always felt that way. I was adopted, and because of that I’ve always felt unworthy. Like I needed to earn parental love but never quite measured up. I wanted my girl to know she was loved every day of her life. I wanted her to know that no matter what happened, her mother would always have her back.” She covered her face with her hands. “And now I can’t even see her.”
“We’re going to fix that,” Emma said. “One way or the other.”
“Absolutely,” Sharon chimed in. “I love that little girl. Totally tots adorbs. I’ll kidnap her myself if that’s what it takes to get her back.”
Emma raised a hand. “Please don’t do that.”
“I was just saying—”
“Don’t. Do. That.”
Sharon looked sidewise. “Some people around here need to grow a sense of humor.”
“Michael is in the courtroom,” Emma observed. “I assume he has someone watching Brittany.”
Sharon smiled. “If Daddy’s away, this might be the perfect time—”
Emma looked at her sternly. “Don’t. Do. That.”
“Fine, fine.”
Kenzi was listening and absorbing, trying to plan her next move. But something new was rattling around in her brain. She couldn’t quite put her finger on it yet…but something…
Why did she have a feeling the solution to the whole mystery was floating right before her eyes—but just outside her reach?
She crouched beside Hailee and whispered in her ear.
Hailee bubbled with excitement. “Seriously? You’re giving me an official assignment? Again?”
“Do you think you can do it?”
“Easy peasy. There’s a computer in the library.” She swerved her chair around and rolled down the hallway at breathtaking speed.
Emma tapped Kenzi on the shoulder. “Bailiff has returned. We need to return. And you need to call your next witness.”
Kenzi nodded. “Think I’ve got that figured out. And no, Maya. It isn’t you.”
“The defense calls Michael Breville.”
Michael looked as if he’d received a spear through the heart. His lips parted, but he didn’t move.
Harrington rose. “Your honor. Please. This is a criminal trial, not divorce court. There’s no need to call the defendant’s soon-to-be ex-husband.”
“Didn’t stop you from doing it,” Kenzi snapped back.
The judge gave Kenzi a stern look. “This relates to the criminal matter?”
“One hundred percent. That’s all we’re wanting to talk about.”
“All we want to talk about. The present participle is unnecessary.”
Kenzi clenched her teeth. Class, she told herself. Show class. Fake it.
She bowed slightly. “As you say, your honor.”
“You may call the witness.”
Michael slowly ambled up the aisle and settled into his seat, treating it more like the electric chair than the witness chair.
“Mr. Breville, are you married at this time?”
“Obviously. To the defendant, Maya Breville.”
“And as the district attorney mentioned, you are currently in the process of divorcing her.”
“True. This murder trial has delayed the divorce proceedings.”
“And you currently have custody of your six-year-old daughter Brittany, correct?”
“I was awarded—”
“Just answer the question.”
He cleared his throat. “Yes.”
“You currently reside in a rural settlement near Seattle, correct?”
“Yes.”
“Led by a religious leader named Adrien Messie?”
“He’s more of a…shepherd than a leader.”
“Is this group a cult?”
“Of course not. There’s no…weirdness. He doesn’t try to force anyone to do anything they don’t want to do.”
“Are you currently employed?”
“No. I’m busy looking after our daughter and dealing with these legal matters.”
“In fact, you haven’t been employed for years. You’ve been supported by your wife. Who you are now divorcing.”
“I don’t see how that’s relevant.”
She could see Harrington was antsy and ready to object. Time to go for it. “Shortly before the murder took place, you asked to borrow your wife’s keys, correct?”
Michael’s head jerked around. “I—I don’t—”
“Maya mentioned it to me shortly after we met. I just didn’t grasp the significance then.”
He hesitated.
“You’re under oath. So tell the truth. You borrowed your wife’s keys.”
“Y—Yes. I remember that now. I misplaced mine and locked myself out of the house.”
“Did she give you just the housekey you needed? Or her entire keychain? As most normal people would do in that circumstance.”
“She gave me the entire keychain.”
“So you had access to all her keys.”
“I…suppose.”
“Including her key to LORE. Her workplace.”
A murmur rose from the gallery. Finally people seeing the significance.
“I don’t know what you’re implying.”
“Just answer the question.”
Harrington jumped up. “Your honor. I object on—”
The judge waved him away. “Overruled. The witness will reply.”
Michael stuttered. “I suppose those keys might’ve been on the ring. But—”
“You had access to the LORE keys. You had an opportunity to make copies.”
“I did no such thing.”
“My question was whether you had the opportunity. And you did, right?”
“I…suppose. But why would I ever—”
“If your wife is convicted of murder, you’ll retain custody of your daughter.”
“I would hope so.”
“For that matter, you’ll gain access to all Maya’s bank accounts. You’ll be awarded everything Maya has, since you’ll be caring for the child.”
“I’m…not an expert on…legal…”
“You’ll have your final revenge, won’t you? Steal the child, steal the money, and watch her rot away behind bars for a crime she didn’t commit.”
“Objection,” Harrington said, looking thoroughly exasperated. “This is pure speculation.”
“Speculation that an ex might want revenge?” Kenzi replied. “More like fact. Are we surprised that a lame-o unemployed loser resents the woman who supports him and outshines him in every possible respect?”
Harrington shook his head. “You can’t turn an innocent man into a suspect just because a clever lawyer invents a motive.”
“No,” Kenzi shot back. “But motive plus opportunity creates an alternate explanation. Doubt. With those keys, Michael had opportunity. Who’s more likely to commit a strangling? A gentle mother? Or a man who outweighs Maggie Price by fifty pounds and has a history of anger and violence.”
Michael started to look scared. “I did not kill that woman.”
“Prove it.”
“How can I prove something that didn’t happen?”
“You were the only one who had access to those keys.”
“But I—I didn’t—”
Her voice boomed. “No one else could’ve done it. You were the only one!”
“I’m not!” he shouted back. “I gave them—” All at once, he stopped, frozen, his face a mask of horror.
Kenzi stepped forward, her voice a notch softer. “You gave them to whom?”
Michael was shifting back and forth. “I’m not saying another word. I’m…what did the other man call it? I’m pleading the Fifth.”
“Because saying more would incriminate you?”
Michael didn’t respond.
Kenzi gave the jurors a raised eyebrow.
The judge intervened. “If the witness is asserting Fifth Amendment privileges, I’ll have to terminate this line of questioning. I will advise the witness to seek legal advice as soon as possible, as charges may well follow. Counsel, do you have anything more?”
“Not from this witness. But…”
She swiveled around. In the back of the gallery, the man with the beard scooted down the bench, then crossed in front of people.
“Don’t let that man leave the courtroom!” Kenzi shouted. The bailiff blocked the door. “He’s my next witness. Whether he likes it or not.”
Chapter Forty-Five
Kenzi remained silent the entire time Harrington argued. She knew this was a foregone conclusion. Yes, neither he nor the proposaed witness had advance warning, but the defense didn’t have to tell the prosecution anything about their plans, the witness was in the courtroom, and Michael’s testimony had made everyone curious about who he gave those keys. It wasn’t so much the law as human curiosity that guaranteed she’d be able to call her next witness, who the bailiffs were currently restraining.
During the extended break, Hailee delivered her report—which gave Kenzi not only what she expected but much more. More than she’d dreamed possible.
The pieces were falling into place. Could she assemble the jigsaw puzzle, bizarre though it was, in a way that made sense to the jury?
