by Robin James
“Fine,” she said. “Get it out of your system. All of you, get it out of your systems. But then we need to figure out how to fix this.”
“The case is solid,” Sam said. “Mickey’s a liar. He was at Skylar Sutter’s house the morning of the murders in the timeframe those people were killed. He’s got the motive.”
“You’ve got witnesses who saw and heard him threaten that girl,” Hojo added.
“She can misdirect all she wants,” Kenya said. “But Elise Weaver hasn’t produced a single witness who can refute what we have. Who can offer a plausible theory as to who else would have killed those people if not Mickey?”
“Because nobody else did,” Sam said.
“She’s muddied everything,” I said. “If this were a civil trial, this thing would be overturned on appeal so fast if I lost. Denholm is just flat out wrong. The jury should have never heard a single word about what Chris Sutter might have done to Nikki or anyone else.”
“She’s giving the jury a reason to think the creep deserved to die,” Hojo said.
“If it were just Chris,” I said. “If he were the only person killed out on that farm that day, I could almost go there with her. But he wasn’t. He might have been the devil himself, but I know in my gut, everyone in that courtroom believes Chris Sutter died trying to protect his daughter.”
“It’s noise,” Kenya said. “That’s all it is. Weaver is trying to amplify the noise. Confuse the jury.”
“And that’s exactly why Denholm shouldn’t have allowed it. It’s his job, for crying out loud!” I shouted.
“Well,” Kenya said. “He’s shown his true colors today. He’s not interested in justice for those people. He’s interested in making some kind of name for himself. These are the cards we’ve been dealt. So now what?”
“It’s solid,” Sam said again. “I’m telling you. That jury isn’t stupid. I’ve been watching them. They’ll see through all this BS. Mara, you’re a hell of a closer. You’ll convince them.”
I didn’t feel so sure. Something must have registered on my face. Kenya stepped around her desk.
“Mara,” she said. “Sam’s right. This is your case to win or lose. Not Elise Weaver’s. She’s slick. Fine. But you’re letting her get into your head.”
I looked up at her. I wished I could argue the point.
“Forget all of that out there.” She gestured to the window and the chaos beyond it. Even from up here, we could hear the shouts and angry name-calling.
I tried to center myself. Closing my eyes, I let the images of those victims come to me. No. We couldn’t prove who was killed first. Not scientifically. But there had been a choreography in the way their bodies lay. I saw it. It was right there.
“Shooter hits Ben Watson from behind,” I murmured. “Mickey’s angry to find him there. Skylar won’t return his calls. Won’t come see him. Ben is running.”
From what?
“He saw Mickey coming at him,” I said. “Maybe they argued first. Ben sees the gun. He’s trying to get away. Or he’s trying to warn the others.”
“Mickey shoots him in the back.” Sam picked up my narrative. “He enters the house. Jenny Sutter is in the kitchen.”
“He shoots her before she can run,” I said. “Then Chris and Skylar come in from the garage because they’ve heard the shots.”
“Bam. Bam!” Sam said, visualizing their quick deaths just as I was.
“I just don’t believe Chris Sutter was the primary target,” I said. “Not him alone. I think ... it’s just something …”
“Like it got out of hand,” Sam said. We were of the same mind.
“Except that doesn’t explain what happened at Kevin Sutter’s or to Patty and Mark O’Brien. That wasn’t chaos.”
“And if this was some kind of retribution against Chris, their murders don’t make sense,” Sam said.
“Right,” I answered. “That’s the thing in all of this. It’s where any of Elise Weaver’s alternate theories fall apart.”
“You’ve got this, Mara,” Kenya said. “You take that jury through that beautiful mind of yours, just like you did now. When they see it, they’ll know. This was Mickey. Killing Skylar was the ultimate way to control her. We’ve seen this pattern so many times. The rest? Who knows?”
“Adrenaline,” I said. “He’s there. Patty and Mark and Kevin all live close enough to have heard or seen what was happening. And even if they didn’t, he’s got reasons to want them dead.”
“He went hunting,” Hojo said. “And Daddy Harvey raised him to hate the Sutters. It’s enough, Mara. It’s going to be enough.”
“And beating Elise Weaver at her own game will just be the cherry on top, my friend,” Kenya said. “When this is all over, it’s you who’ll be famous. And me who’ll have to worry about it going to your head.”
I smiled. “I’m not after fame, Kenya. My name’s been in the news enough. Some quiet anonymity sounds like heaven.”
“The podcast vultures will move on as soon as this trial is over,” Sam said.
I was about to say it wasn’t podcast listeners who worried me. The shouts from the street had died down, but the emotions behind them hadn’t. This trial, those murders, had ripped open a fissure in Waynetown that I feared might not close when this trial did, however it turned out.
I didn’t get the chance to say it. Sam’s phone rang. He answered and his expression darkened.
“I’ll be right there,” he said, then clicked off.
“Trouble?” I said.
“Yeah,” he said. “Couple of knuckleheads got into it out at the hardware store. Ed Harvey’s nephew Doyle and one of the Sutter cousins.”
If they were calling Sam in, it had to be bad.
“Sam?” I asked. He met my eyes.
“Doyle Harvey’s in awful shape,” he said. “Graham Sutter ran him over with his car. Doyle’s in surgery now. They’ve got Graham in custody. I’m heading over there now.”
“Lord,” I said.
“Some other injuries to bystanders,” he said. “No way to tell who threw the first punch, but the E.R.’s hopping. I gotta get down to the station.”
“Go,” I said, my heart sinking.
The weight of it seemed to settle on Sam’s shoulders as he rose. I had every belief that no matter the outcome of my trial, things might get far worse in Waynetown before they got better.
33
Sheriff Clancy tripled the security outside the courthouse as we began what should have been our last day of trial. Friday, December 7th.
Deputy Remick escorted me into the building, as she did Elise and her contingent of litigation paralegals. We went on the record and I renewed my call for a mistrial. Judge Denholm renewed his denial. Elise called her next witness.
“The defense recalls Sarah Bosch,” Elise said. I braced myself. Nikki Sutter had ghosted me since giving her testimony. Doyle Harvey was in critical condition with a torn artery in his lung. He’d miraculously survived the night. Graham Sutter, the victims’ third or fourth cousin, was in custody awaiting charges for attempted murder.
As I stood there, I realized I might be prosecuting Sutters and Harveys well into the New Year.
“Ms. Bosch,” Elise said. “Please be reminded you’re still under oath. And can you remind the jury how you knew the victims in this matter?”
Sarah was already in tears. Denholm granted Elise’s motion to treat her as hostile.
“Skylar was my best friend,” she said. “Since seventh grade. We were like sisters.”
“Like sisters,” Elise repeated. “When was the last time you spoke with Skylar?”
“The day before they found her,” Sarah said.
“Did you see her in person? Did you talk on the phone? Text? What was the nature of that contact?”
“I saw her on Thursday,” Sarah said. “We went and got chicken wings from Derby’s. We hung out for a while. Then we texted a few times throughout the day on Friday. Until I went to bed. Then, Saturday m
orning, I texted her, and she didn’t answer. She never answered again.”
“I see,” Elise said. “I am truly sorry for your loss. Let me make that clear. But I’ve got to ask you some hard questions. When you had dinner with Skylar on Thursday, did you have any concerns about her well-being?”
“What do you mean?”
“Well, you gave a statement to the police after the fact that you’d witnessed Mickey and Skylar have an altercation, didn’t you?”
“Yes,” she said. “I already testified to all of this. I saw them get into a fight at the Blue Pony a few weeks before she died. She didn’t talk to me for a long time after that. She made it pretty clear that if we were going to stay friends, she didn’t want me bringing Mickey up. That dinner at Derby’s was the first time I’d seen her in a really long time. I purposely avoided talking about Mickey with her.”
“Let’s get back to the night at the Blue Pony all those weeks ago. Remind me, you never heard what they were saying, Mickey and Skylar?”
“No,” she said. “I just saw Mickey grab Skylar. He was rough. She was angry. I had my boyfriend, Chad, follow them out to the parking lot to make sure she was okay.”
“Was she okay?” Elise asked.
“She was mad. But yes.”
“And you don’t claim you ever heard Mickey Harvey threaten Skylar, do you?”
“I don’t ... I didn’t hear him threaten to hurt her. No. But I told you. I saw him grab her arms. Really hard. And I didn’t like how he treated her overall.”
“Other than seeing Mickey grab Skylar by the arm at the Blue Pony, you never saw Mickey get physical with Skylar though, did you?”
“Like hurt her? No. But he was very possessive.”
“Ms. Bosch, isn’t it true that in fact you witnessed Skylar Sutter physically assault Mickey Harvey?” Elise asked.
“Um, well, I saw her slap him once. Across the face.”
“Isn’t it true that this slap you’re talking about came about after Skylar threatened Mickey?”
“I don’t know what you mean?” Sarah asked.
“All right. You were in the room and witnessed Skylar hit Mickey, right?”
“Yes,” she said.
“What provoked it, if you know?”
Sarah looked at me. I kept my face a mask of neutrality. She had to tell the truth, no matter what.
“Skylar was drunk,” Sarah said. “She ... she’d heard a rumor that Mickey had been out with another girl, Audrey Taylor. Skylar hated Audrey. She’d bullied her, well, both of us in high school. Anyway, Skylar confronted Mickey about it.”
“She confronted him. Isn’t it true she did more than confront him? Isn’t it true Skylar threatened to kill Mickey if she found out there was any truth to this rumor?”
“Objection,” I said. “Statements allegedly made by Skylar Sutter would constitute hearsay. The witness can testify to what she observed, her impressions, but not statements made by out-of-court declarants.”
“Your Honor,” Elise said. “It doesn’t matter whether these statements were true. That’s not why we’d offer them. It goes to Skylar Sutter’s state of mind, nothing more.”
“Sustained, Ms. Weaver. Ms. Bosch, you’ll refrain from testifying about things Skylar Sutter told you or that you overheard.”
“Ms. Bosch, describe what you saw,” said Elise.
“Skylar was drinking. I told you. She wasn’t acting like herself. She was upset. Mickey was laughing at her. Taunting her. Egging her on. Skylar just kind of lost it for a second. She slapped him.”
“She drew blood, didn’t she, Ms. Bosch?”
“She did,” Sarah said. “With her fingernails across his face.”
“Did Mickey react?” Elise asked.
“What do you mean?”
“Well, did he pull her away? Push her away? Grab her?”
“No,” Sarah said. “He just ... he stood there.”
“Stood there. So you’re telling me that when Skylar Sutter physically assaulted Mickey Harvey, he did not respond in kind, isn’t that right?”
“He didn’t put his hands on her that night,” Sarah said. “But I told you. I saw him get rough with her a few weeks after that at the Blue Pony.”
“Ms. Bosch, are you aware of allegations made by members of Skylar Sutter’s family against Skylar’s father, Chris Sutter?”
Once again, Sarah looked at me. Once again, I kept my face blank.
“I know there was trouble,” Sarah said. “I know there was something going on at home that had Skylar upset.”
“And when was this?” Elise asked.
“Skylar came to spend part of Christmas break with me. She didn’t ... she didn’t want to be at home. There was drama when her cousin Nikki came home from Seattle. Skylar didn’t want to deal with her. So she stayed with me for a few days.”
“Do you know the nature of that drama?” Elise asked.
“You said I’m not allowed to say what Skylar told me,” she said. “Isn’t that right?”
“Did you ever personally witness any drama, as you describe it, between Skylar and, say, her cousin Nikki Sutter?”
“They weren’t real close,” Sarah said. “Like Skylar would always kind of roll her eyes or grit her teeth whenever anyone brought up Nikki. And she wasn’t a huge fan of Kevin, Nikki’s brother.”
“Do you know why?” Elise asked.
“Well, Kevin could be volatile. I knew he had a drug problem. And it was sad. I’ll have to admit. When we were younger, I had a pretty big crush on Kevin. We used to hang out over there when her Uncle Tom, Nikki and Kevin’s dad, was alive. After he died, there was some kind of falling out.”
“Ms. Bosch, I’m going to have to ask you one more time. Isn’t it true that you witnessed a violent altercation between Skylar Sutter and her cousin, Nikki Sutter, in January of this year?”
“Objection,” I said. “Once again, we have moved out of the realm of relevance. Nikki Sutter isn’t on trial. Chris Sutter isn’t on trial. There’s no dispute that Nikki lived halfway across the country at the time of these killings.”
“Your Honor,” Elise said. “Once again, I need to remind the state that we are within our rights to explore other potential motives for this heinous crime. In light of the fact that none of these issues appear to have been explored in the investigation of these crimes …”
“Save it for closing, Ms. Weaver,” Denholm said. “I’m overruling the objection. You may answer the question.”
“Yes,” Sarah said. “There was an argument at Sky’s house. I came over to pick her up. We were going to go return some stuff we got for Christmas. But it wasn’t Nikki who was doing the yelling.”
“Who was doing the yelling?” Elise asked.
“Nikki’s boyfriend, Olliver. He had Sky’s dad backed into a corner of the kitchen. They were all yelling. Nikki got in the middle of it and pulled Olliver away from Sky’s dad. It was ugly.”
“Isn’t it true that Olliver Harrold, Nikki Sutter’s boyfriend, threatened to kill Chris Sutter?”
“Objection,” I yelled. My vision clouded. None of this. Nikki had told us none of this.
“Overruled,” the judge shouted back.
“Yes,” Sarah answered. “I heard Olliver tell Chris Sutter that he’d end him. Those were his words. I’ll end you. We left after that.”
“Thank you,” Elise said. “I have nothing further. Your witness, Ms. Brent.”
I shot up. “Ms. Bosch,” I said. Fuming. Blood roared in my ears. “You were questioned by the police for two hours after Skylar Sutter’s murder, isn’t that true?”
“I don’t know how long, but yes,” she said.
“And you sat down for interviews with my office, isn’t that true?”
“Yes.”
“And yet you never once bothered to mention these allegations of threats by Olliver Harold, isn’t that true?”
“It’s Skylar’s family business,” she said. “It wasn’t my place to …”
“Yes,” she said, crying.
I was flying blind. Running on emotion. I existed almost outside of myself. The reasonable, calculating part of me wanted to stop this. Get her off the stand. Regroup. But I kept on going.
“And you were aware that your friend Skylar Sutter was pursuing a restraining order against her boyfriend Mickey, isn’t that true?”
“Yes,” she said. “That’s true. I was afraid for her.”
“Why were you afraid?” I asked.
“Because Mickey’s dangerous,” she said. “He was controlling. Possessive. Skylar changed when she was around him. I already told you that. And things were getting worse. It got so she stopped taking my calls or texting me back when he was around. He’d get so jealous.”
“Why was it getting worse?” I asked.
“Mickey freaked when Ben Watson moved in with Sky. Even though the two of them were not romantically involved at all. Ben wasn’t interested in Sky that way. They were just friends. Mickey didn’t care. He wanted Sky all to himself. And he did this. He killed her. There is no doubt in my mind.”
“Objection!” Elise said. “Your Honor, the witness is not permitted to speculate in this manner. I ask that her response be stricken, and the jury admonished to disregard her last statement.”
But they’d heard it. It was messy. Chaotic. But they’d heard it.
“Sustained,” Denholm said. “Members of the jury, you’re to disregard statements made by this witness regarding her belief as to who killed Skylar Sutter.”
“Your Honor,” I said. “I have no further questions.”
“Fine,” Denholm said. “Then we’ll adjourn for the weekend.”
He banged his gavel. Sarah Bosch left the stand in near hysterics. I sank into my seat and tried to remember how to breathe.
I didn’t get the chance. As I gathered my things, a text came in from Sam Cruz. Doyle Harvey had just succumbed to his injuries. We had one more murder on our hands.
