by Diana Saco
“Late,” she said.
“I know,” I said impatiently. All this agitation was putting my stomach in a knot—a Gordian knot, given this case. I sent up a prayer to the gastrointestinal gods asking for their patience. More like, begging and bargaining for it. Please, please don’t let me get the dreaded D now. If you wait until after I testify, I promise I’ll find the nearest toilet and glue my bum to it for the rest of the day.
A telltale rumble from my midsection told me the gods weren’t listening. It also caught Aunt Dottie’s attention. She patted my hand and then handed me an anti-acid tablet.
I took it hoping it would do the trick. Another rumble told me it wouldn’t. “Aunt Dottie,” I whispered, “I have to go to the bathroom. I’ll be back in ten minutes.”
She nodded sympathetically.
I hurried out just as Loyal was calling Maxine Moffit to the stand. She gave me a rather significant look as I passed her. What’s that about? I wondered. I barely registered anything more as my stomach cramped up. Doubling my pace, I made it out of the courtroom and turned toward where I knew the bathrooms were. I was relieved that the door to the Ladies room did not have an “Out of Order” sign on it today. I was relieved again when I found it empty. I was also relieved that I had worn slacks with a simple snap and zipper. And finally, I was just relieved.
I made it back to the courtroom in a record eight minutes. I was keeping my head down in that way human beings do, pretending it will make us invisible. I spared a quick look at the witness stand. Loyal was standing in front of Maxi and had turned slightly in my direction. I caught both of their expressions. Maxi was looking smug. But it was Loyal’s demeanor that unnerved me. It was almost sympathetic. Holy Munch’s Revenge! Did everyone know I had a stomach ache?
I settled back in my seat as Maxi continued with her response to whatever Loyal had asked her.
“Yes, I’ve been staying with my brother-in-law since my poor sister’s tragic demise. Marvin was devastated by Monica’s death. I decided to stay and help him with the funeral. And with her things. We were going to donate her clothes and her cookbooks and all, but Marvin hasn’t been able to part with her things yet. I told him to give it time.”
“And you’ve been able to take off work all this time?” Loyal asked.
“Yes, I took an extended bereavement leave. But I stay in communication with my staff. I run a bed-and-breakfast in Chatham,” she explained to the jury. “Marvin and I were going to drive up there in September to check in on things, but he took ill, so we had to turn around.”
“What day was that?” Loyal continued.
I swallowed hard and shifted uncomfortably, knowing exactly what day that was.
“It was September 13,” she said. “A Friday the thirteenth,” she added significantly.
“Yes, an unlucky day for some,” Loyal said, giving me a meaningful look.
I shrunk away from that look. Oh, no! I thought. This cannot be happening!
“Tell us about that day,” Loyal continued.
“Judge,” Mason interrupted, “I’m having trouble understanding the relevance of this testimony. The events at issue occurred in July. The circumstances leading up to those events obviously occurred before then, not two months after.”
“I have to agree with defense counsel, Mr. Bingham. Where are you going with this?” Ota asked.
“The poisonings occurred in July, Your Honor. But the investigation of those events happened later. I’m laying the foundation for what was discovered in the course of that investigation.”
“I’ll allow it, but I trust you’ll get to the point soon.”
“Oh, I guarantee it.” Loyal returned his attention to Maxi. “Dr. Moffit, what happened September 13?”
“Well, we spent most of the day packing and preparing for the drive to the Chatham. I had wanted to leave after lunch, but Marvin wasn’t feeling well, so I let him nap most of the afternoon. By then, we decided to wait until after rush hour. We finally headed out around half past seven in the evening. About forty-five minutes into the trip, Marvin got sick again and had to pull into a convenience store to use the restroom. I decided we should turn around and try to catch the last ferry back. We returned to the house sometime after nine. I made Marvin some chamomile tea to settle his stomach, but he got sick again, the poor dear. When I went back to the kitchen, I heard a noise outside.”
Maxi paused, masterfully building up the suspense. Although I knew what was coming, even I was on the edge of my seat. Of course, that could just have been a preflight position. I wanted to bolt.
“What happened next, Dr. Moffit?” Loyal prompted.
“I opened the backdoor and saw a figure sneaking away. I yelled ‘Stop!’ Then I turned on the backdoor light, and that’s when I saw her.”
“Saw who?” Loyal asked.
Maxi pointed directly at me and said, “Nina Braco . . . the defendant’s best friend.”
I felt a tiny thrill at being thought of as Chloe’s best friend. That spark of happy lasted only a nanosecond. It was displaced violently by a flood of panic and embarrassment as I heard clothes rustle and chairs creak when everyone turned to look at me. I shrank from that universal inspection. My eyes darted to Chloe, who looked confused, and then to Mason, who looked angry. Feeling my stomach churn again, I prayed a second time to the gastrointestinal gods. Only, this time, I kept it simple: Smite me down! I wanted to make my getaway, even if it was in an ambulance. Any port in a storm, right?
Despite the thunderous thumping against my eardrums, I managed to catch Loyal asking Maxi, “What happened next?”
I was grateful for the question. Not because I wanted my disgrace to deepen, but rather because it refocused everyone’s attention on Maxi.
“Naturally, I asked Ms. Braco what she was doing there? She said she had wanted to borrow a cup of sugar but didn’t think anyone was home. And she said she didn’t know whose house it was. She was very convincing, so I believed her initially.”
“Hang on, Dr. Moffit. I don’t want us to get ahead of ourselves. Let me see if I have this straight. Are you saying that sometime after nine, on the evening of September 13, Ms. Braco, under the cover of darkness, was walking around her neighbors’ backyards asking to borrow a cup of sugar?”
“Yes, and it wasn’t even her neighborhood. She was staying with Chloe Owens. Ms. Owens’ house, you see, is on the adjacent street to the Munch house. The two backyards are across from each other, separated only by a narrow alley.”
“So Ms. Braco simply walked across Ms. Owens’ backyard into the backyard of the opposite house to borrow a cup of sugar?”
“Yes, that was her claim,” Maxi said.
“Did she explain why she was staying with Ms. Owens?”
“Objection, Judge,” Mason called out. “This line of questioning could prove to be prejudicial to my client.”
“Sustained,” Ota ruled.
“All right,” Loyal continued. “So Ms. Braco was spending the night at the defendant’s house and ventured out for a cup of sugar. What happened then, Dr. Moffit?”
“I asked her if she had brought a container for the sugar. She hadn’t, which should have been my first clue that she was lying.”
“Did you confront her?”
“No, because not being a suspicious person by nature, I took her at her word. So I went inside, got a plastic container, put some sugar in it, and then went outside and handed it to her. She seemed surprised by my good manners, but I didn’t see any reason for being unneighborly, and I said so. She thanked me and then left.”
“Then what happened?” Loyal prompted.
“Well, I told Marvin about it. And—he’s so smart—he said, ‘Odd that Chloe wouldn’t have any sugar, being a baker and all.’ That got us thinking that something wasn’t quite right about Ms. Braco’s story. So we started looking around the house. When we got to the second floor, we discovered an upstairs window was open about an inch. Marvin hadn’t left it that way. In fact, he
said it had been painted shut years ago. We inspected the room, and that’s when we found it. A card right there in the middle of the floor. It was Ms. Braco’s business card.”
I actually slapped myself on the forehead. It was the involuntary action of a person coming to the realization that she was a monumental idiot. I thought I had been so careful that night. In stealth mode. But, noooo! I had actually left my stupid calling card in the stupid middle of the stupid sewing room floor! Ugh!
I heard a ripple of laughter around me as Loyal asked his next question.
“Was anything else disturbed?”
“No, not that we could tell. But we were troubled by it because it was obvious.”
“What was obvious?” Loyal asked.
“That Nina Braco had broken into the house.”
*****
By the time Maxi voiced her conclusion, I was sitting so low in my seat that I could barely see Judge Ota’s face over the bar. Unfortunately, I could still make out his stern brow. I was in trouble. And I was scared. Loyal didn’t have any more questions for Maxi. Before Mason could start his cross, Judge Ota called a twenty minute recess and instructed Loyal, Mason, and me to meet him in chambers. It was time to face the music. Why did it have to be Chopin’s “Funeral March”?
The three of us followed the judge into his office. Mason and Loyal stood in front of Ota’s desk as he seated himself in the big chair. I hung back by the coat rack. I was, in fact, trying to hide behind it. I was also facing the wall. But the trick of avoiding eye contact to make myself invisible failed me a second time.
“Ms. Braco, please join us.”
“Yes, sir.”
He indicated the chair directly across from him. Then he folded his hands on his desk and studied me for a moment as I sat there, trying not to fidget.
“We have a situation here,” he said finally. “When Mr. Bingham puts you on the stand, he’s going to ask you some potentially incriminating questions.”
“And Ms. Braco will be taking the Fifth,” Mason said, jumping in before I could respond.
“Your Honor, if I may,” Loyal interjected. “The Commonwealth won’t be pressing charges against Ms. Braco.”
“Why is that?” Ota asked.
“Because, Your Honor, we would like Ms. Braco to be able to tell us what she uncovered in her investigation.”
“You know as well as I do that anything she found illegally is inadmissible. It’s ‘tainted fruit,’ Mr. Bingham,” Judge Ota warned.
“I think we may have enough latitude here to make an exception, Your Honor. First, the poisonous tree doctrine is intended to protect defendants against illegal searches by law enforcement officials. Ms. Braco isn’t a police officer and wasn’t working to uncover evidence against the defendant. Second, Mr. Munch has signed an affidavit affirming that he won’t press charges for breaking-and-entering or even for trespass.”
Loyal handed Judge Ota and Mason each a piece of paper, which I assumed were copies of the affidavit.
“Since no official action will be brought against Ms. Braco,” he continued, “there won’t be an illegal act on record to base the tree doctrine on.”
“That’s pushing the envelope,” Ota said.
“Can I be frank, Your Honor?” Loyal asked.
“Please do, Mr. Bingham.”
“I believe that Mr. Tidwell intends to defend his client by pointing the finger at another possible perpetrator, and the logical target is the husband or even the sister. I believe, furthermore, that Ms. Braco went into the Munch house to try to find evidence to support that argument. I want her to be able to testify to what she found because I believe she came up empty.”
“You don’t mind laying your cards on the table, do you, Mr. Bingham?”
“I have a great hand, Your Honor.”
“And what if Ms. Braco found evidence that Mr. Munch and Dr. Moffit were involved?”
“They assure me that no such evidence exists because they didn’t do anything. Either way, the Commonwealth is best served by the truth.”
“Mr. Tidwell, I need to ask. Did you know what Ms. Braco was planning?”
“Absolutely not, Judge. I would have told her not to. Heck, I probably would have handcuffed her to Ms. Owens just to make sure she didn’t.”
“Well, that would have avoided one problem—violating the bail terms. Your client’s going to jail.”
My breath hitched at Ota’s declaration. I felt my stomach drop which made me want to crawl inside my own uterus to fill the void.
“Judge, please, don’t make the defendant pay for Ms. Braco’s mistake,” Mason pleaded.
“I’m sorry for her, Mr. Tidwell. But I need Ms. Braco to understand what she’s done.”
I understood fully what I’d done. However, I hadn’t expected this outcome, and I guess that was Judge Ota’s point. I had been prepared for yelling and censure and fines and even jail time for myself. But I was devastated by his order that Chloe would have to go to jail immediately—probably for the rest of the trial. I squeezed my eyes shut and felt a tear testing the seal. Mason briefly squeezed my shoulder, which made me feel worse. I didn’t deserve his sympathy.
“Okay, Ms. Braco,” Ota began, “here’s how the rest of this is going to play out. When court resumes, Mr. Tidwell will conduct his cross-examination of Dr. Moffit. Then you will take the stand and answer Mr. Bingham’s questions. Since you’re being granted immunity from any criminal charges relating to your illegal entry into the Munch house, you won’t be incriminating yourself and can’t, therefore, plead the Fifth. Finally, while I can’t officially mete out justice for your trespass, I can hold you in contempt of court for violating my instructions regarding Ms. Owens’ bail. You left her alone while you were off supposedly getting sugar, yes?”
“Yes, Your Honor,” I admitted.
“Then officially, that will be the most expensive cup of sugar you ever got. I’m holding you in jail overnight, fining you $5000, and suspending your PI license for six months.”
I thought I heard Mason and Loyal gasp behind me, but I might have been imagining it. Maybe Ota’s punishment was excessive. Maybe it wasn’t. At the moment, I was feeling too guilty to tell.
“Do you have any questions?”
“Yes, Your Honor,” I said meekly, feeling for all the world like a five-year-old.
“What is it?” he asked.
“May I be excused? I have to go to the bathroom.”
7. You'll Never Guess Who Else Goes to Jail!
When Ota excused me, I ran into the bathroom again and promptly threw up into the nearest toilet. Wretched and retching—that’s how I found myself. And the worst was yet to come. I now had to return to the courtroom and tell everyone and his brother what I did. I still had to face Chloe and take responsibility for getting her bail revoked. I had to face Al and take responsibility for putting our business at risk. I had to face being jobless for the next six months wondering if our firm would recover from the hit our reputation was going to take. And I had to face Aunt Dottie, who would be angry with me for Chloe’s sake and might even leave me. For all my complaining about her invading my home, the thought of her abandoning me now was the third worst outcome I could imagine. The worst was that Chloe could be found guilty. And in-between those two possibilities was the awful certainty of losing her friendship.
I crawled back into the courtroom, slug-like, and tried to ignore the furtive glances and loud whispers as I passed. I began wishing that Mason or Loyal had moved to sequester witnesses. I could be biding my time outside the courtroom instead of having to endure this walk of shame just to hear more of Maxi’s testimony. As I slunk into my seat, Maxi retook the stand for Mason’s cross. Judge Ota reminded her that she was still under oath and then motioned for Mason to start.
“Good morning, Dr. Moffit. I’m Mason Tidwell.”
“Pleased to meet you,” Maxi said politely.
“Likewise. You live up to your credentials. I understand you have a PhD in H
ospitality Management. Is that right?”
“Yes, I do.”
“Do you bake, too, like your sister?”
“No, I’m afraid I’m useless in the kitchen. Monica was the homemaker. I’m the opposite in that regard.”
“Surely you don’t mean you’re a home-wrecker?” Mason quipped.
Maxi instantly lost her smile. “No, Mr. Tidwell,” she said coolly. “I meant that I’m hardly ever home because I have a professional career.”
“Oh, of course. Is it difficult being away from your work for so long?”
“It’s difficult because of the reason I’m here—the loss of my sister. But I’m able to direct my staff and perform other management functions remotely.”
“Which is why you could cancel your business trip when Mr. Munch became ill—is that right?”
“Exactly,” she said.
“Were you frightened? Seeing a stranger in the backyard the night of your aborted trip to Chatham?” Mason asked.
“I don’t frighten easily. I was curious more than anything. And annoyed to have someone calling on Marvin at such a late hour.”
“Why do you think Ms. Braco broke in?”
“As I said, we found her business card on the floor of the room where the window had been forced open.”
“No, I mean, what do you think were her reasons for breaking into your brother-in-law’s house?”
“You’ll have to ask her that. But I suspect she was there to plant evidence to exonerate Ms. Owens.”
“To plant exculpatory evidence, or to find it?” Mason asked.
“To plant it,” Maxi replied. “I believe she was there to frame Marvin. Perhaps both of us.”
Mason frowned. “That doesn’t make any sense. Why would anyone believe that either of you had anything to do with your sister’s death?”
“Well, you hinted at it. You implied that I’m a homewrecker. You’re insinuating that Marvin and I are having an affair so that the jury will think we had a motive for killing my sister. But nothing could be further from the truth. I adored my sister. She’s the reason I’m alive today. And I could never do enough to repay her for what she did. Even stepping aside and letting her marry the man I love wasn’t enough.”
