“This is your second warning, Mr. Harr,” Judge Tyler cautions. Simon’s leer turns into a scowl.
“So you left your apartment a bit before eleven that night, correct?” I confirm.
“Yeah, that sounds about right,” he agrees as he smooths down his greasy ginger ponytail.
“And what time did you return home that night?” I ask, trying to mask my anxiety. Simon’s answers to the next few questions are crucial.
Simon raises his gaze from his nails and looks me dead in the eye. “I didn’t,” he says resolutely. “I came home around nine the next morning and found Ky dead in my bed.”
I can feel the jury behind me holding its collective breath. “Are you sure about that?”
“Yes. Very sure.”
I make my way slowly from the jury box to stand right in front of the witness. Simon’s nerves start to show as he begins quickly bouncing his left leg.
“The thing is, Simon,” I say maintaining eye contact, “that’s hard to believe. See, we all just heard from a credible witness who saw you come back to your apartment around one o’clock that same night.” I gesture to the jury who sit in rapt attention.
“What witness?” Simon demands. “They’re lying!” But his denial lacks real conviction.
I shake my head and make my way to stand in front of the defense table. I want Tammy in Simon’s line of sight. I’m counting on her to unnerve him even more. “I don’t think so, Simon. The witness was able to describe your car very specifically. Even down to its tendency to backfire due to a broken distributor cap.”
“That old bitch,” Simon shouts causing audible gasps from the jury box. Judge Tyler sits at attention, but doesn’t interrupt.
I try to suppress a smile as I ask, “So I take it you know who saw you that night?”
Simon is too enraged to control himself. “My fucking busybody landlord. She was always spying on us from her living room. And she was always talking shit about my car. Like that old prune was ever a mechanic.”
I flip through Simon’s criminal history for a minute or two to let his admission sink in before continuing. “So, where was Kyleigh when you came home at one that night?”
“What?” Realization that he just blew his alibi dawns on Simon. He stammers as he tries to figure out his next move. “Uhhh…yeah…so I came home that night. Who cares?” he says defensively. “The house was finally quiet, so I assumed Ky and the baby were asleep. I lay down to watch some TV and fell asleep too. I didn’t check on Kyleigh until the kid started crying the next morning. I’d already been out making deliveries before that.”
“I see,” I say to buy time. I have opportunity sealed up, but still need motive. “And that’s when you called nine-one-one, right?”
Simon has regained his footing. “Yeah, I went in to tell Ky to feed the baby and she wouldn’t wake up. I shook her a couple more times before I realized she was dead. Then I called the ambulance. Not much good they could do at that point though.”
I take a breath and a leap of faith. “And how many days later did you cash in Kyleigh’s life insurance policy?”
The courtroom comes alive. Al leans over to confer with Lexi. The jurors start gossiping amongst themselves. The media wakes up and begins frantically taking notes. Judge Tyler puts a quick kibosh on the ruckus. “Order in the court,” he demands. “Order, I said.” He punctuates his words with a loud gavel bang. The courtroom goes silent. All eyes on Simon.
Simon puts both hands under his legs and leans forward nervously. He bares his yellowed teeth and asks, “What are you talking about? What life insurance policy?”
“Oh you know,” I say without a hint of doubt in my voice. “The one you took out from LadderLife. How much was it for again?”
Simon attempts to call my bluff. He smiles and says matter-of-factly, “I don’t know what you’re talking about.”
“Oh really,” I counter. “So, if I were to show your bank account records to the jury right now, you’re telling me they wouldn’t see a deposit from LadderLife a mere week after Kyleigh’s death.”
Simon looks ready to issue another denial, before I point out, “Let me remind you, Simon, you are under oath. Perjury is a crime that could add additional time to your sentence.”
There’s a pause. Simon and I are playing chicken. If he calls my bluff and denies the insurance payout again, I’ll have to move on. I can’t admit I broke into his apartment. I have no admissible proof. We’re looking straight in each other’s eyes. Sizing each other up. But Simon breaks eye contact first. “Fine,” he barks. “So what? Kyleigh had life insurance. There’s no law against that.”
Jackpot. My heart is pounding so hard it feels like it’s going to burst through my chest. I prod a bit further, “You’re right. There isn’t a law against taking out life insurance. In fact, it’s good financial planning. Especially for a person with a child. And what was the amount of the life insurance policy, Simon?”
Simon’s bravado fades as he nervously mutters, “Fifty thousand.”
“Wow!” I say in amazement while turning to the jury to confirm they’re getting this. “That’s a sizable amount of cash.”
Simon is back on the defensive. “What of it? Ky hadn’t paid for food or rent for a year. She owed me that much and more.”
“And you were the sole beneficiary?” I continue.
“Duh,” he says sarcastically. “You think Ky would put her mom down? After all the shit she put her through?”
“And what gave Kyleigh the idea she needed life insurance?” I ask. “She doesn’t strike me as a planner.”
“Well, I did, of course.” Simon admits unabashedly. “She was sitting on my couch with no money getting high off my stash every day. As I said before, she owed me.”
“Let’s recap,” I say, turning to the jury. “You have a history of assaulting your girlfriends. You were home during the window of Kyleigh’s death. You lied to the police about your whereabouts. And you were the sole beneficiary of a fifty-thousand-dollar life insurance policy that you insisted Kyleigh take out. Which sort of begs the question, doesn't it?”
“What question is that?” Simon asks belligerently.
“Why you aren’t the one on trial for Kyleigh’s murder?” I say, never taking my eyes off the twelve men and women who hold Tammy’s fate in their hands.
Al, seeing his case crumble before his eyes, has had enough. He stands abruptly and shouts, “Objection, Your Honor, is Ms. Shaw questioning the witness or testifying?”
I turn and give him a big shit eating smile before conceding, “I’ll withdraw that last one, Your Honor. No further questions.”
Chapter 35
I’m riding a wave of pride as Dr. Smart takes the stand. As I assumed, he’s a great witness. He makes the most out of the medical examiner’s slip that strangulation and suffocation are one and the same. He highlights the lack of physical evidence of strangulation, made even more remarkable by the prosecution’s theory that this was a crime of passion. And lastly offers his more reasonable theory that Kyleigh, after fighting with her mother, got high. She then curled herself up in a comforter to sleep, never to waken. Her body unable to rescue itself from asphyxiation due to the mind-numbing effects of the opioids. His testimony was well reasoned and logical. And the prosecution was unable to poke many holes in the theory during cross.
As Dr. Smart makes his way out of the witness stand, Tom stands and addresses the court.
“Your Honor, the defense rests.”
As Judge Tyler turns to the jury to announce the commencement of closing statements, Tom interrupts.
“Your Honor, the defense doesn't feel there is a need for closing statements. We are moving for a directed verdict under section 5/115 of the code of criminal procedure.”
Audible mutterings from the jury, as Al Porter jumps to his feet. “Your Honor, this is ludicrous. The prosecution has produced more than sufficient evidence of Ms. Sanford’s guilt and now it is up to her peers to deliver a
verdict. It wouldn’t be right to take the decision out of their hands.”
Tom calmly rebuts, “Your Honor, the code of criminal procedure is clear. If, after the close of evidence, the prosecution’s case is insufficient to support a verdict of guilty, the court may enter a judgment of acquittal. That is all we are asking the court to do here.”
Judge Tyler nods gravely before turning to the jury. “Ladies and gentlemen, I’m going to take this motion under advisement during the lunch hour. Please be back here in exactly one hour for my decision. At that time, I will either grant the motion and you will be excused or we will proceed with closing arguments.” With a quick tap of his gavel, Judge Tyler is out of his chair and heading briskly for chambers.
Tammy turns to Ethan, confused. “What’s happening? I thought we were going to have closing arguments before lunch.”
Ethan pats Tammy’s hand. “This is good news, Tammy. Tom has asked the judge to find you not guilty. To find the State didn’t prove its case. In an hour, you could walk out of here a free woman.”
Tammy closes her eyes and tilts her head toward the ceiling in what looks like silent prayer. The bailiff then appears to take her back to her holding cell for lunch. As she’s led away, I recall the odd thing that happened the first time I was in court with Tammy. When she appeared to smile self-satisfied at the judge, but then her expression hardened once she saw me watching. As Tom and Ethan are gathering up their things and discussing the best place to grab a quick bite, I put the scene and the troubling feeling that accompanies it out of my mind.
Lunch turns out to be a coffee and banana from the Starbucks in the basement of the courthouse, though I’ve barely managed to consume half of the fruit due to nerves. Each of us is scrolling through emails and social media posts while silently begging the time to go by faster. Finally, Ethan breaks the silence by announcing he needs to take a leak. I go back to skimming an article about which items Jennifer Aniston took from the Friends set on her last day of filming. Spoiler alert, it was the Central Perk neon sign.
“So, Shaw, what cases will you turn to after this trial is over?” I guess this is Tom’s idea of small talk. He couldn’t have picked a worse topic. The nervous butterflies in my stomach are immediately replaced by a hard rock of dread.
“Well…I had been working on some RESPA cases for Elizabeth Townley.”
“Had?” Tom picks up on my hesitancy.
Might as well lay it all on the table. The gossip of my imminent departure will be swirling through the firm soon enough. “The truth is, Tom, the only thing I’ll be working on after this trial’s over is my resume.”
“What?” Tom seems genuinely shocked.
I emit a long sigh, not wanting to recount the painful memory. “I spoke to Chris Bines a week or so ago.” So much has happened in the last couple of weeks, I honestly can’t remember how long it has been. “He’s been unhappy with my billable hours for the last few years and told me in no uncertain terms that my career at Mulvaney Stewart is over.”
“No, that can’t be right.” Tom shakes his head in disbelief. “Just wait until he hears about the amazing work you’ve done on this trial.”
“It won’t matter, Tom.” Another steadying breath before delving into yet another painful topic. “Chris only cares about billables. I have two kids at home and am about to be going through a divorce. I just can’t put in the kind of hours that are required to make partner here.” I feel my eyes start to tear and my throat tighten. I do everything in my power to shore up my emotional levee before the tears burst through.
Tom is clearly out of his comfort zone. “Shaw…I’m so sorry…I had no idea.”
I’m saved any further embarrassment by Ethan’s return from the bathroom. Unsurprisingly, he doesn’t seem to pick up on the tension. “Judge Tyler should be back in fifteen minutes. You two ready to head back upstairs?”
“Absolutely,” I say as I take a last long sip of my skinny vanilla latte and rise from my seat.
Tom rises as well and places both of his large hands on the back of his now abandoned chair. He then takes a moment to compose himself before giving Ethan and me his full attention. When he speaks, it’s in a somber tone. “I’m reminded of a quote by another incredibly dashing man named Tom, this time Tom Hanks in the film Philadelphia. In essence, he said that occasionally lawyers get to take part in justice being done.” Tom then gives us an encouraging smile before finishing with, “Let’s go take part in justice being done for Tammy Sanford, shall we?”
We walk back into a much different courtroom than we first encountered on Monday. Far from the atmosphere of a group of people trapped in a shared irksome requirement, there is a feeling of anxious excitement about to boil over. I walk over to the defense table, but find myself unable to sit, preferring instead to stand and flip through Ethan’s prepared closing statement while silently praying it won’t be necessary.
Judge Tyler roughly opens the door leading up to the bench and is in his chair within seconds. “Bring in the defendant,” he orders the bailiff. He then turns to his clerk. “Have the jury wait in their meeting room while I announce my ruling.”
Tammy is led from the back of the courtroom by Officer Bridges. She’s doing her best to conceal it, but anxiety is written all over her face. As she takes her seat next to me, I remind her to breathe. I then take one of her hands as Ethan holds the other.
“Will the parties please rise,” Judge Tyler directs. Al and Lexi stand first, looking stoic.
Tom leans over to Ethan, Tammy and me and tries to diffuse the tension. “Remember, Judge Tyler is only ruling on our motion here. Even if he denies it, we will proceed to closing statements. I have every faith in the jury to grant your acquittal.” With that, we stand as a team and face Judge Tyler.
Judge Tyler fiddles with his papers before stating, “The right to be judged by a jury of your peers is an essential component of our criminal justice system. For a judge to take that decision away from the jury and himself deliver a verdict of innocent is a judicial prerogative that should only be employed in the starkest of situations. Situations in which the evidence suggesting guilt is so thin as to be gossamer.” Judge Tyler reaches for his glass of water and takes a sip while the courtroom holds its collective breath.
After quenching his thirst, Judge Tyler continues with a nod toward the prosecution. “Mr. Porter and Ms. Banks are accomplished attorneys representing the State of Illinois. They have appeared before me on numerous occasions and have always conducted themselves with the utmost integrity. They have done so in this case as well.”
Judge Tyler smiles at Al and Lexi before turning to the defense’s table. “Ms. Sanford, you were appointed a team of pro bono counsel of the highest caliber. They have gone above and beyond their ethical obligation in their investigation and preparation for this trial. You are very lucky to have them representing you here as not all defendants are given this type of representation. I would go so far as to say, most defendants receive representation of much lower quality, unfortunately,” he says, giving a disappointed shake of his head.
“With that, I will turn to the merits of the defense’s motion. The defense has asked me to find the prosecution’s case insufficient to support a verdict of guilty. In reviewing the evidence before me, I find the prosecution has shown video of the defendant Tammy Sanford entering the victim’s home within the time frame of the victim’s death. I have further heard evidence that a neighbor overheard a fight between the defendant and the victim soon after Ms. Sanford’s arrival. Ms. Sanford was then seen leaving the victim’s apartment a short time later. The next morning, a call was placed by Simon Harr to emergency services indicating the victim was unresponsive. While there is circumstantial evidence of the defendant’s guilt, that is all it is. Circumstantial.”
A flicker of hope rises in my chest as Judge Tyler takes a pause before continuing. “On the other hand, the defense has presented evidence that the victim’s boyfriend was also present in their apartm
ent during the window of the victim’s death. The victim’s boyfriend also has a history of domestic violence and received a financial benefit from the victim’s death. Further, the defense has offered the testimony of a renowned forensic pathologist who, having reviewed the medical examiner’s report and police investigation, has reached the conclusion the deceased was not a victim of a violent crime but instead succumbed as a byproduct of her opioid addiction.”
Judge Tyler takes a moment to review his notes before delivering his ultimate verdict. “On the basis of the evidence before me, I find no conscientious jury could find Ms. Tammy Sanford guilty of the first-degree murder of her daughter Ms. Kyleigh Sanford beyond a reasonable doubt.” At these words, Tammy crumbles into her seat in sobs of relief.
Judge Tyler finishes with, “The defendant will be released after processing and the jury can be excused with our thanks.” He then nods to counsel and makes his way back to chambers.
I put my arms around Tammy as she continues sobbing. The exhilaration I feel in this moment is one I’ve never experienced before in my professional career. I look up at Ethan who smiles back at me with tears in his eyes. Tom beams at us both, pride emanating from his accomplished face.
A soft, “Congratulations,” from the railing dividing the “well of the court” from the public benches jolts me back to reality. It’s Zara looking happier than I’ve seen her in a long time. Ethan takes my place comforting Tammy so I can embrace my bestie.
As we hug, Zara whispers in my ear, “You should be so proud. You just saved Tammy from a lifetime behind bars.”
Darkness Drops Again Page 20
