Paige paused and gave both Marc and Mackenzie a look indicating she would like to drive a stake through each of them. Unfortunately for her Sendejo also saw this.
“Answer the question, Mrs. Sutherland,” Sendejo sternly ordered.
“No, I don’t,” she admitted.
Paige was dismissed and Sendejo asked Kane if he had anything else. Kane said he did not then rested.
“Mr. Kadella, you may proceed,” Sendejo told Marc.
Originally Marc was prepared to make an argument and put Mackenzie on the stand. Something in the back of his mind told him having her testify under oath could possibly come back to haunt her. Anything she said could be used against her in any future court proceeding. Plus, Sendejo made it clear he was unimpressed with Paige’s case.
“No, your Honor. Everything is covered in my pleadings and clearly there was nothing presented to grant the Petitioner’s request.”
“I agree,” Sendejo began to say.
“Your Honor, may I address the court?” Heather Anderson said as she stood behind the bar.
“No, Ms. Anderson, you may not. The county attorney’s office is not a party to this case. If you want to get involved, bring your own request. Before you do let me warn you I will make sure it will be assigned to me and you better have more than I’ve been presented with today.”
Anderson meekly sat down and Sendejo turned to Kane and Paige. “The evidence presented in court and counsel’s pleadings makes it clear to the court that the reason we are here is mostly because of spite, anger and grief. These are hardly sufficient grounds to grant the Petitioner’s request. There is a valid, thorough autopsy report setting out the cause of death of William Sutherland as a heart attack.”
Sendejo picked up the autopsy report and began to read from it. “It reads: the heart attack was most likely brought on by many years of overwork, stress and poor diet.” He looked up at the courtroom and continued. “It goes on to indicate a toxicology screening was done and no evidence of foul play was found.”
“Your Honor,” Kane interrupted, “there are drugs that would not necessarily be found in a routine autopsy.”
“You had a perfectly good opportunity to present any evidence of this and failed miserably, Mr. Kane,” Sendejo said obviously annoyed at the interruption. “Petitioner’s request is denied.”
“She murdered my father-in-law and my husband and―”
“Mr. Kane, get control of your client!” Sendejo boomed out.
Kane grabbed Paige’s arm and pulled her back into her chair. As he did this, she took one more shot.
“She shot and murdered my husband and you’re letting her get away with it!”
“Not another word, Mr. Kane.”
“Yes, your Honor,” Kane said to the judge. He then put an arm around Paige whose face was covered in tears.
Sendejo looked down at Paige, sighed slightly, then quietly said, “I am aware of the recent death of your husband and I am sorry for your loss. However, his tragic death has no bearing on today’s hearing and Mackenzie Sutherland has been exonerated for it.”
While this exchange was taking place, the reporters in the gallery were furiously scribbling in their notebooks. Mackenzie took a pen and piece of paper and wrote Marc a note: ‘Those tears are so phony I don’t know whether to laugh or be sick.’
Marc folded the note, leaned over to Mackenzie and quietly whispered, “Don’t start laughing. We’re winning.”
“Mr. Kadella has requested attorney fees in the amount of seven thousand five hundred dollars to be paid by the Petitioner. I’m going to split it, Mr. Kane. Your firm will pay half and your client will pay the other half. Don’t waste my time like this again Simon, you should know better. We’re adjourned.”
Marc had all he could do to not burst out laughing. Marc and Mackenzie remained seated as Paige stormed out through the gate. Simon Kane looked at Marc as he walked past, shrugged his shoulders and rolled his eyes. He then held the gate for Maddy as she stepped through it to join Marc and Mackenzie.
“That went great,” Mackenzie gushed. “It’s too bad Paige doesn’t have to pay all of your fees herself.”
“Trust me,” Marc laughed. “By the time she gets Kane’s bill the fees will be hidden in it somewhere and she’ll have to pay.”
As the three of them were exiting through the courtroom doors, a young man walked up to Mackenzie holding a large manila envelope.
Marc saw him coming and quickly said, “Maddy take it easy. He’s just doing his job. Don’t throw him on the floor.”
Both women laughed, the process server stopped and Maddy said, “You take away all my fun.”
“I’ll take it,” Marc said to the worried looking man who quickly handed it to Marc. Marc opened it, read the caption on the Summons and Complaint then noticed Paige and Simon Kane watching by the elevators. An elevator arrived and Paige flashed a disingenuous smile and stuck out the middle finger on her left hand. She then turned and entered the elevator car.
“What is it?” Mackenzie asked.
“It’s a wrongful death lawsuit Paige is bringing against you,” Marc answered her as he watched the elevator doors close. “Let’s go to my office. I have someone there I want you to meet.”
While Maddy ran around the office hugging everyone except the two male lawyers, Barry Cline and Chris Grafton, Marc introduced Mackenzie to them. On the way back to Minneapolis from downtown St. Paul, Marc called ahead to make sure his landlady, Connie Mickelson, had time for them. After introductions were completed, Connie brought all three of them into her office. Mackenzie and Maddy took the two client chairs forcing Marc to fetch a chair from the common area.
“How do you get all of these good looking broads to come after you?” was the first thing Connie said to Marc.
Marc leaned forward and while Mackenzie and Maddy laughed, sternly said to Connie, “Good looking what?”
“Oh, I’m sorry, Mr. P.C. I meant attractive women,” Connie replied.
Marc paused for a moment then said, “My obvious good looks and charm.”
“No, that’s not it,” Mackenzie quickly said joining in. “Good luck with that.”
Marc reached behind him, opened the door and yelled out, “Help me! They’re ganging up on me.”
Carolyn yelled back, “Good. Make a recording. We’ll want to listen to it.”
“Thanks, that’s helpful,” Marc yelled back as he closed the door.
“Okay,” Marc continued looking at Connie, “You’ve had your fun.”
“Not yet,” Connie said.
Marc had given her the Summons and Complaint for the wrongful death suit served on Mackenzie. Connie took a few minutes to scan the document. When she finished she placed it on her desk.
“Have you read it?” Connie asked Marc.
“Not completely, no.”
Connie looked at Mackenzie and continued. “Here’s the deal. You’re being sued for intentionally and/or negligently causing the death of Robert Sutherland. I assume Paige is the widow?” she asked Marc who nodded in agreement.
Mackenzie had been threatened with this by angry survivors three times before. This was the first time anyone acted on it. She put on a convincing façade of being confused, uncertain and even a little frightened. The reality was she wasn’t the least bit concerned. Over the years, Mackenzie had learned enough about the law to believe Paige’s case was weak, at best.
“She is suing on behalf of her husband’s estate for a whole list of things,” Connie continued.
Mackenzie had read the document in the car on the way back from court. She understood what it was about but did have one question. “What is loss of consortium?” she asked.
“Means Paige’s not getting laid regularly,” Connie answered her.
“It’s a little more than that,” Marc interjected. “It means loss of love and affection, companionship, stuff like that.”
“Mostly she’s not getting laid regularly,” Connie said again.
/> “Join the club,” Maddy chimed in. Connie looked at Maddy and said, “If you’re not getting laid regularly, it’s because the entire male population of the Cities has turned gay.”
“How can she sue me if the grand jury had already found me innocent?” Mackenzie asked.
“Good question,” Connie acknowledged. “It’s because that was criminal and this is civil. In a criminal case, they have to find you guilty beyond a reasonable doubt. That’s the highest, most difficult standard in the law. In a civil suit, they only need to find you liable. That’s not the same as guilty or not guilty. They have to find you intentionally or negligently liable for Robert’s death by a preponderance of the evidence. That’s the lowest standard. In lay terms it means the evidence of wrongdoing needs to only slightly outweigh the evidence that you did nothing wrong by, for example fifty-one percent to forty-nine percent.”
“What about self-defense?” Mackenzie asked.
“That is, of course, as good a defense in a civil case as it is in a criminal case,” Connie answered her.
“So, if we show I shot him in self-defense, I win?” Mackenzie asked.
“Well, yes, you should,” Connie answered.
“What do you mean I should?” Mackenzie asked with concern in her voice.
“You never know what a jury will do,” Connie said.
“What about a motion for summary judgment?” Marc asked Connie.
“That’s probably our best bet,” Connie said.
“What’s that?” Mackenzie asked.
“We bring a motion to dismiss the lawsuit. Basically, we go before the judge and tell him that the facts of the case are not in dispute. You acted in self-defense. Because it is clearly self-defense, the law is that there is no valid claim and the suit should be dismissed.”
“Great, let’s do that,” Mackenzie said.
“First things first,” Connie said. “I’m usually on the other side of these things representing the plaintiff. Most of the time an insurance company has the responsibility to represent you. We can try to get your homeowner’s insurance company involved but they’d claim this was not an accident and they have no responsibility here. I can handle your case but you’ll have to pay my fees. We’ll ask for attorney fees but don’t count on it.”
“Money’s not a problem,” Mackenzie said. “If Marc thinks you can handle this, that’s good enough for me.”
Connie looked at Marc, raised her eyebrows and said, “Good looks and charm, huh?”
“Never fails me,” Marc grinned.
“The male ego strikes again,” Maddy said.
Connie filled out a retainer agreement and handed it to Mackenzie. She tried to give it to Marc who told her to read it. Mackenzie signed it without reading it, handed it back to Connie and took out her checkbook.
Mackenzie handed Connie a check for her retainer and emphatically said, “I won’t settle with her. We’ll win this thing.”
FOURTEEN
Paige Sutherland was in a hurry. She was seated at her bedroom vanity applying the final touches of makeup and primping her hair to make it look the best that she could. Paige put down her hair brush, satisfied with the results. She almost laughed knowing her hair and makeup would be a mess before much longer anyway. The thought of what she was up to made her inner thighs warm and sent a slight shiver through her in anticipation. Her children had finally gone to sleep and would be out until morning. Paige had seen to this by slipping each of them a crushed sleeping pill in a glass of lemonade. The man who was her lover for over two years would be along any minute. Paige swiveled around in her chair and glanced out the bedroom window. Almost dark enough she realized.
When Max Coolidge had arrived and gave her the news that Bob was dead Paige was mildly surprised at her own reaction. She actually felt a certain level of sadness about it. Genuine sorrow if not grief. After Max explained how it happened her first thought was: now that bitch is going to go to prison and I’ll get at the Sutherland money.
Max tried to gently explain to her that it looked like self-defense but Paige was barely listening. To Max and the other cop, she appeared numbed by the news. If Max had known what she was really thinking about, well, she did not want to think about that.
This evening, still waiting for her lover, Paige went over what he said at their last tryst. The idiot had actually told her he was going to divorce his wife so the two of them could get married. Fortunately, Paige had the presence of mind to quickly remind him she would have to play the grief-stricken widow role for a while. That settled him down.
Staring at herself in the mirror, she again contemplated marriage to him. At thirty-seven, Paige was a fairly attractive woman. Sure, she could stand to drop a few pounds but was she ready for marriage again? Did she love him? The answer to that was an emphatic no. He was better in bed than Bob, especially orally she smiled, but then who wasn’t better than Bob?
At that moment she saw the light from a car’s headlights flash through her window. This can only happen when a car turns into her driveway. Paige stood up, straightened her skirt, checked herself in the mirror and went out to answer the door.
Directly across Mississippi Boulevard from where Paige was anticipating the evening’s bedroom wrestling match, was the bluff above the Big Muddy. Running along that side of the street was an asphalt pathway. In the evenings, with the view of the river and Fort Snelling on the south side, it was a favorite route for bikers, joggers and walkers.
A woman in a black hoodie was among them this cool, summer evening, indistinguishable from the many others who traversed the pathway. Only this woman had gone past the Sutherland home from each direction several times. Now, just as darkness settled over the city, she was back among the trees at the edge of the drop to the water below.
While she watched the house she again wondered why she was here. What did she expect to find? The mysterious jogger only knew that some irresistible force within her had brought her here. She needed to think and come up with an idea, a plan of some kind. Being here watching across the street would hopefully cause something to trigger in her mind.
She had been watching the house for fifteen minutes. Standing among the trees she was almost invisible in her dark clothing with the hood covering her head and most of her face. She decided to give it another few minutes then try again tomorrow night. Just then a car slowed and turned into the driveway and drove up almost to the garage before stopping.
The driver got out, went to the back door and stood waiting for it to open. A few seconds later the light above the door came on and she could see that the visitor was obviously a man. The door opened, Paige stepped out and the two of them embraced and passionately kissed. The woman watching from the shadows realized that this was no casual acquaintance.
“What have we here?” she whispered to herself. “Paige the Ice Cube has herself a boyfriend. This might be something.”
She waited until the light in the backyard went out. Before coming out of the shadows she looked up and down the dark street and around the neighboring houses. She started to jog across Mississippi Boulevard when she noticed a light come back on in what she knew was Paige’s bedroom.
“That was quick Paige you horny little slut,” she quietly said with a smile realizing this tawdry affair must have started long before Bob’s death.
She quickly and silently trotted up to the man’s car to check it out. In the ambient light she was able to read the license plate number and the make and model of the car; a Mercedes E350 sedan. It was too dark to tell the car’s color but it was obviously black or dark blue.
Comfortable that she had the license plate memorized at least enough to get to her car and write it down, Mackenzie walked out of the driveway to head home.
“Hi,” Mackenzie said to Maddy the next day as she opened the front door for her. “Come in, I need to talk to you about something.”
It was the morning after Mackenzie’s vigil at Paige Sutherland’s. She had called Maddy, not too earl
y, and asked her to come to the house.
“Okay,” a puzzled Maddy said. “That’s what you told me but…”
“I didn’t want to talk about it over the phone,” Mackenzie said.
The two women went into the kitchen. Maddy took a seat at the breakfast bar while Mackenzie poured coffee.
“What’s up?” Maddy asked as she took a sip from her cup.
“Okay,” Mackenzie began, “I need a private investigator and I would like you to do something for me,” she paused.
“But?”
“For now at least, I want to keep it from Marc.”
“Oh, oh,” Maddy said with a worried look.
“It’s nothing illegal,” Mackenzie quickly added, holding her hands up, palms out to reassure her friend. “And I will probably tell Marc myself, depending on what I find out. It’s just, for now, I want to do this without him knowing. I’m afraid he’ll try to talk me out of it. You know how lawyers are.”
“True enough,” Maddy laughed.
“Can you do it?”
Madeline thought it over then said, “I work for you but I also work for Marc. Ethically I could probably do it but I’m not comfortable with it.”
“Okay, I’ll find someone else,” a disappointed Mackenzie said.
“I know someone,” Maddy said. “He’s very good and very discreet. He knows Marc. In fact, he introduced me to Marc. If you tell him not to tell Marc, he won’t. Let me call him.”
“Oh, great, thanks,” Mackenzie said.
A minute later Maddy said into her phone, “Hey, paisan, I got a job for you.”
Maddy listened for a moment then said, “No, it’s not for Marc and yes, she’ll pay you.” Maddy held the phone away from her face and asked Mackenzie, “Do you want him to come here? He has time this morning.”
“Yes, that would be great, thanks,”
Maddy went back to her phone, gave the man Mackenzie’s address and told him she would wait for him to introduce them.
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 191
