“You only saw your best friend five or six times over the course of an entire year?” Fisher asked as if this was one of the most absurd statements he had ever heard.
“I was living in California and Liz lived here. We both had busy schedules. We saw each other when we could for birthdays and other special occasions. And we talked on the phone frequently and emailed and texted.”
“So, you saw Liz on her birthday?”
“Not her birthday, no. We got together for my birthday, but I couldn’t get away from school for Liz’s birthday.”
“Do you know how she spent her birthday that year?”
Lauren paused. How had Liz spent her final birthday? Lauren couldn’t distinguish one birthday from another after so much time had passed.
“Not exactly, but I think she did something with Jake and her friends to celebrate.”
“Her real friends, you mean?”
Candace was on her feet. “Objection, argumentative.”
“Sustained.”
“I’ll rephrase the question,” Fisher said. “Isn’t it true Liz spent more time with other friends than she did with you?”
“At that time? Certainly. I lived in California.”
“Were you jealous of the time Liz spent with her other friends?”
Lauren paused. This was one of those crazy questions that was impossible to answer. Yes, she was envious of others who got to spend more time with Liz, but not in a pathologically jealous manner. “I wish I could have spent more time with Liz, but the distance made it difficult.”
“Move to strike, nonresponsive.” Fisher roared as if Lauren had rattled off a string of obscenities.
“Sustained.”
“Weren’t you jealous of the time Liz spent with her other friends?” Fisher repeated.
“No. I was glad Liz was enjoying her life. Her other friends didn’t get in the way of our bond. We were unusually close to each other. We’ve been through a lot together.”
“Meaning you’ve had a lot of conflict in your relationship with one another?”
“No. Meaning we lost our parents when I was thirteen and Liz was fifteen. That horrific experience brought us closer together.”
“You have testified that Liz was your best friend, is that correct?”
“Yes.”
“And were you Liz’s best friend?”
Lauren hesitated. Hadn’t she been Liz’s best friend? Or would Liz have said Jake?
“Yes, I think so.”
“You think so?”
“Yes. I can’t speak for her and she isn’t here to speak for herself, but I think I was her best friend.” Lauren said to convince herself as much as to convince the court.
“Miss Rose, did you cry when the detectives notified you of your sister’s death?”
“I have cried many times about the loss of my sister. I still cry sometimes.”
“I asked if you cried during the notification?”
Lauren paused to reflect on that awful morning. “No, I didn’t cry at that time. I was still in shock.”
“So, detectives told you that your sister, your only sibling, and your best friend had been killed and you didn’t cry?”
“Not at that time. As I have said, I cried many…”
Fisher interrupted. “Did you fall to your knees? Did you scream? Did you cry out in despair?”
“No, it hadn’t sunk in yet.”
“So the detectives gave you this devastating news and you failed to react appropriately?”
“I have done many death notifications and I would say shock and disbelief is the most common reaction.”
“Your Honor,” Fisher exclaimed. “This witness is not answering the questions being asked. Move to strike.”
“Sustained.”
“You testified media coverage suggesting your involvement in your sister’s death is false, is that correct?”
“Yes, completely false.”
“How many news stories would you say have suggested you were involved in some way?”
“Too many to count.”
“Would you say it’s more than one hundred news stories?”
“Yes.”
“More than two hundred?”
“Yes.”
“More than five hundred?”
“Probably. The same ridiculous accusations show up in multiple publications.”
“Out of these hundreds of news stories that accused you of being involved, how many have you filed defamation lawsuits against?”
“My lawyer has filed a few lawsuits on my behalf. I don’t know exactly how many.”
“Is it more than five hundred?”
“No.”
“More than one hundred?”
“No.”
“More than ten?”
“No, I don’t think so.”
“So, hundreds of false stories have been written about you and you have filed suit against less than ten?”
Lauren took a deep breath. She had to remain calm, which was proving difficult. “News articles are strategically worded in order to avoid lawsuits. They reference unknown sources of information and use the word ‘alleged’ to prevent litigation. How many publications have reported Jennifer Aniston is pregnant when she’s not? I don’t see her suing all of them.”
“But being accused of being pregnant is somewhat less deplorable than being accused of killing your own sister, don’t you think?”
“Absolutely, but my point is that the tabloids know exactly how to avoid defamation lawsuits. I’m pretty sure Jennifer Aniston doesn’t have a dozen babies.”
Several jurors chuckled.
“Objection,” Fisher roared. “Nonresponsive. Move to strike.”
“Overruled.”
Fisher moved on. “Isn’t it true you were jealous of Liz’s lifestyle?”
“No.”
“No?” Fisher pronounced the two-letter word with three syllables. “You have testified that Jake gave you this ring…” he shoved the evidence bag in front of her, “…on September twenty-eighth of last year. Is that correct?”
“Yes.”
“And did anybody else see him give you this ring?”
“No, we were alone at the time.”
“Of course you were,” he said sarcastically. “It is a gorgeous ring, is it not?”
“Yes.”
“So, who did you show the ring to after he gave it to you?”
“Nobody.”
“You got this beautiful ring for your birthday and you didn’t show it to any of your friends or family?”
“I haven’t much family left.” Lauren realized she sounded bitter, but she was just speaking the truth. “And I didn’t have much opportunity to show it to friends. I was working long hours and I can’t really wear rings to work.”
“You can’t wear rings to work?” he asked with exaggerated incredulity.
“I take surgical gloves on and off all day long at work,” she answered. “That’s hard to do with rings, especially big rings, without ripping the latex.”
“Isn’t it true the reason you never showed the ring to any of your friends or family was because you stole that ring on July twenty-third after killing your sister?”
“No.”
“Isn’t it true you aggressively pursued a romance with Jake Wakefield shortly after your sister’s death?”
“Objection,” Candace shouted, jumping to her feet. “Beyond the scope.”
“Sustained.”
Fisher turned back to Lauren, “Isn’t it true you killed your own sister because you were jealous of her and you wanted to inherit her money, marry her husband, and live her life?”
Lauren struggled to maintain her composure. “No, nothing could be further from the truth.”
The judge was already sustaining Candace’s objection before Lauren could finish speaking, but she was able to get all of the words out anyways.
“Mr. Fisher, you are reminded to limit your cross-examination to the scope of the direct examination,” Judge Robles admonished.
“Your Honor, this witness has material information about this case,” Fisher complained.
“Unless it was introduced in direct examination, you can’t ask about it now,” Robles said. “You may recall this witness as a Defense witness if you so choose.”
“We intend to do that.”
“Very well,” said the judge.
Silence settled over the courtroom.
“Do you have any more questions for this witness at this time, counselor?” Judge Robles prodded.
Fisher pulled his shoulders back defiantly. “Not at this time.”
“Re-direct, Ms. Keene?” the judge asked.
“Just a few,” Candace replied. “Dr. Rose, did you know your sister listed you as the sole beneficiary on her life insurance policy?”
“No, apparently she changed the beneficiary from Jake to me shortly before her death, but I didn’t learn about that until after she died.”
“Do you know why she changed her beneficiary?”
“No, but I have an idea.”
“Objection, calls for speculation,” Fisher interjected.
“Sustained.”
“Dr. Rose, did you collect your sister’s life insurance policy?”
“Yes, but I didn’t keep it.”
“You didn’t keep it?” Candace asked incredulously, although of course she already knew this.
Lauren had received the money back in March after Candace had reassured the life insurance company that Lauren had been cleared of any involvement in Liz’s death. Candace had urged Lauren to use the money to take a leave of absence from work so she could attend the trial full-time.
“No, I donated it all to Mothers Against Drunk Driving, a cause that was important to both Liz and me because our parents were killed by a drunk driver.”
“How much was the payout?”
“A million dollars.”
“A million dollars? Surely you kept a little bit for yourself, to pay off your college loans or pay the legal fees necessary to defend yourself against the false accusations in this case or to take some time off of work so you could attend this trial?”
Fisher stood up. “Objection, counsel is leading the witness.”
“Sustained.”
Candace smiled. “I’ll rephrase the question. Exactly how much of the million dollar payout did you donate to MADD?”
“Every penny of it.”
“No more questions, Your Honor.”
Fisher stood, “No more questions.”
Lauren breathed a sigh of relief as she stepped down. Judge Robles called for a short recess. Lauren slipped back into her usual seat behind the Prosecution table.
Candace leaned over to whisper to Lauren. “I knew Fisher was in over his enormous head. He’s been so busy preening for the cameras that he doesn’t even know the facts of this case.”
Lauren caught Boyd’s eye and he nodded at her almost imperceptibly as if agreeing she had done well.
Chapter Thirty-five
(Wednesday, August 30–Thursday, August 31)
With her own testimony behind her, Lauren settled into her courtroom role representing the family. Candace wanted Lauren front and center to remind the jury of Liz. “Your striking resemblance will help humanize her for the jury.”
“Striking resemblance?” Lauren laughed.
“If you don’t think you look like your sister, you’ve been smoking your lunch.”
“Thank you. That’s a very flattering comparison, but Liz was larger than life. Gorgeous, funny, charming.”
“Look in the mirror sometime,” Candace said.
Lauren was determined to attend every minute of the trial, happy to finally be doing something. Detective Boyd drove her to court each day. Lauren had offered to get an apartment closer to the courthouse, but Candace had advised against it, not wanting to invite any speculation that Lauren was trying to advance her status. Boyd reassured Lauren it was not inconvenient to drive her to court as he was already attending to provide investigative support. He sat with Lauren in court each morning, but often left to track down information, always arriving back in time to drive Lauren home. On the way to court each day, they would anticipate the day’s testimony and on the way home, they would analyze how the trial was unfolding.
The judicial gag order imposed on the lawyers did not extend to Lauren. At Candace’s urging, she began to speak candidly to the press about her hopes for a conviction. When reporters attempted to ask Lauren about the false accusations that had been lobbied against her, she responded with a short “I won’t dignify that with a response,” turning immediately to the next reporter. Lauren had a very sharp memory and she shut out any reporter who had attempted to associate her with her sister’s death. Most of the reporters learned not to cross that line. Of course, there were always a few tabloid reporters who persisted in asking insulting questions, but Lauren became adept at ignoring them. Lauren, who had always stayed comfortably in her sister’s shadow, began to shine in front of the cameras, capitalizing on the media attention to demand justice for Liz.
The Prosecution’s first objective was to dismantle Jake’s public image as an all-American sports legend. Candace had decided against calling the stripper to the stand. Given that Sanders had sold her story for personal gain and was employed as an exotic dancer, the Defense would easily destroy her on cross-examination.
However, the Prosecutor’s office was soon inundated with phone calls from women all over the country. Apparently, it was not unusual for the Diamondback players to celebrate their last night in a city by taking strippers back to their hotel rooms for a night of no-strings sex.
“It’s weird they all came forward at the same time,” Lauren commented to Boyd on the way to the courthouse that morning.
“I know,” Boyd agreed. “It’s like the floodgates have broken, but I have a theory about that. Once Sanders went public, these women were pissed to find out there were others. Jake made each woman feel like she was special to him and they remained loyal to him until they realized they weren’t unique. He always said something along the lines of ‘I’ve never done anything like this before, but you’re so amazing.’ And they all fell for his bullshit. Can you believe that?”
“Yeah…” Lauren said without hesitation, “…I can believe it.”
“I wasn’t talking about you,” Boyd said. “Your situation was totally different.”
Jake’s womanizing habit turned out to be good fortune for the Prosecution’s case because it provided the necessary ammunition to destroy his golden boy persona.
Candace refused to call several women who had sold their stories because of their tainted credibility. However, plenty of others abided by Candace’s requirement that they not speak to the media. Perhaps they genuinely wanted to assist justice or maybe they just realized their stories would be worth even more after they testified. Candace didn’t mind when she lost a few to tabloid payouts because Jake was also getting lambasted in the court of public opinion.
In the end, the Prosecution verified Jake’s dalliances with fifteen women when each mentioned Jake was not well endowed. Candace continued her case by calling these witnesses, eliciting graphic testimony about their sexual encounters with Jake. The Defense asked a few derisive questions of each woman about her chosen occupation before summarily dismissing them. After the first four women testified, the Defense stipulated to Jake’s extramarital affairs with eleven additional women. Candace was disappointed; she would have preferred to parade Jake’s procession of women in front of the jury. Jake appeared determined to avoid having his small penis si
ze introduced in open court.
“So his pride is more important than his Defense against murder charges?” Lauren asked.
“Apparently. Rumor has it he told his lawyers he won’t be satisfied with an acquittal.” Candace made a face. “He also expects his lawyers to rehabilitate his public image.”
Chapter Thirty-six
(Friday, September 1)
Candace called Kathryn Montgomery, the executive advisor for the Arizona Chapter of MADD, the same woman who had presented Liz’s award almost a year earlier. Tall with neatly styled short auburn hair, she wore a gray dress adorned with a small red MADD pin.
Under Candace’s careful questioning, Kathryn described her friendship with Liz, which had blossomed over their collaboration on charity work. They shared the common bond of losing loved ones to drunk drivers, Kathryn having lost her twin sister. Over several years of working together on various fundraisers, Liz had gradually opened up to Kathryn.
According to Kathryn, Liz had become unhappy in her marriage. Having confronted Jake about his infidelities shortly before her death, Jake had become increasingly controlling, preventing Liz from talking to anybody outside of their close circle of baseball friends.
Lauren was pained by this testimony. She already felt remorseful about not spending more time with Liz. Lauren had simply believed their busy lifestyles were prohibitive. Had the infrequency of their interactions actually been the result of something uglier?
Kathryn testified, “Liz disclosed more and more disturbing information about Jake’s behavior.”
“And then what happened?” Candace asked.
“Finally I got up the nerve to ask Liz if Jake had ever hit her and…”
“Objection, hearsay.”
“… she admitted he had.” Kathryn forced out the rest before Judge Robles could rule on the objection.
Judge Robles called for a sidebar. The attorneys approached the judge’s bench for a whispered conversation outside of earshot of the jury, the television cameras, and the courtroom spectators.
Candace looked grim as the sidebar broke up.
“Ladies and gentlemen of the jury,” Judge Robles said. “Ms. Montgomery has been offering testimony about things Elizabeth Wakefield told her. This is called hearsay testimony, which is not admissible in court. I am going to strike all of Ms. Montgomery’s testimony thus far from the record and you are reminded not to consider this testimony in your deliberations.”
The Perfect Game Page 13
