Thomas scowled. ‘Your Honor, I object. This is outrageous. It’s hearsay and it violates an array of my client’s constitutional rights, including the confrontation clause. In addition, why wasn’t I notified about this audiotape? I haven’t had a chance to review it and neither has my client. It’s been almost seven months since he was arrested. Does the prosecutor expect us to believe that she happened to locate it just now?’
Judge Gardner shifted his gaze to Linda. ‘Ms Swain-Pettit?’
‘Your Honor, I only got this case four months ago. Nobody before me even asked about getting the audiofile. You know how this courthouse works, some of the courtrooms have the systems working and some don’t and –’
Thomas interjected, ‘Your Honor, if you’re believing this, I have a bridge I can sell you.’
Linda ignored him. ‘– then they had to find the transcription specialist, and we’ve outsourced some of it, so it was a slog. The audiotape was just found two days ago. I would’ve notified defense counsel, but I didn’t know that he was going to call his client to the stand.’
Noah saw the jury craning to hear, which wasn’t difficult since Linda was intentionally raising her voice.
Thomas shook his head. ‘Your Honor, the prosecutor should’ve spoken up the moment I put my client on the stand, which she did not. Further, I object to playing the raw audiotape because it is completely prejudicial. It’s like the victim would be speaking from the grave, and it will unduly inflame the jury.’
‘Your Honor,’ Linda said, in a quieter tone. ‘This jury is entitled to the truth, and there is no better way to get the truth than through Anna’s own words. It’s not hearsay because it comes in under the exception and it doesn’t violate the confrontation clause because the defendant had a chance to cross-examine at the PFA hearing. At the heart of this case is a credibility contest, but I’m hamstrung here because the victim is dead –’
Judge Gardner cut her off with a hand chop. ‘Ms Swain-Pettit, your request is denied. The audiotape is a different matter than the transcript. It goes too far. Mr Owusu, your objection is sustained.’
‘Thank you, Your Honor.’ Thomas turned from the dais, and Noah knew they had just dodged a bullet. It was a rare victory for them, but at least they had points on the board. Except that the jury had heard they were being deprived of Anna’s own words.
‘Thank you, Your Honor.’ Linda signaled her paralegal. ‘Dr Alderman, I am calling to the screen Commonwealth Exhibit 52, a transcript of the PFA hearing.’
Chapter Twenty-eight
Maggie, Before
Maggie drove while Anna sat plugged into her phone, but she knew from driving Caleb around that moms were Uber without the tip. They approached Lower Merion High School and the district administration building, a massive low-profiled rectangle with several different wings, encircled by a well-trimmed hedge, mulched beds of forsythia, and a lush lawn. An American flag flapped on a tall pole, and in front was a sign painted by the theater students advertising the spring show, Oklahoma!
‘I love Oklahoma!’ Maggie said, glancing over. ‘Have you seen it?’
‘No.’
‘The song, “Oh, What a Beautiful Mornin’ ” is from Oklahoma! It is a beautiful morning, isn’t it?’ Maggie smiled, trying to be cheery. In fact, it was cool and sunny, and this morning when she’d checked the garden, she’d spotted buds on her peonies, balled like tiny fists.
Anna started texting, and Maggie looked over, wondering.
‘Anna, if you don’t mind my asking, who are you texting?’
‘I’m not, I’m using my app. It’s called Calm. Ellen turned me on to it.’
‘How does it work?’
‘You choose what you’re interested in, like calming your thoughts, reducing anxiety, helping you sleep, or building self-esteem.’
‘So what did you choose?’
‘All of the above.’ Anna smiled.
‘I had no idea they had apps like that.’
‘I have a ton.’ Anna started scrolling through her phone. ‘Pacifica, Chill, Relaxed State, Nervana. Jamie really loved Nervana. She was into the breathing and meditation apps like Headspace. Her parents worried she’d commit suicide, but she never would. They had her on the suicide-prevention apps like Crisis Care and some others.’
‘There are apps for suicide prevention?’ Maggie felt a pang for teenagers in so much pain. From her postpartum days, she knew how it felt to have anguish you couldn’t wish away.
‘They used an app that searches your social media for the words “kill myself” or “kill yourself.” It even searched her texts and emails, like, if she said KMS in a text it meant, kill myself. KYS is kill yourself.’ Anna frowned. ‘I don’t think they had the right to do that. They invaded her privacy.’
‘I guess sometimes you have to protect your child from herself.’
‘But maybe if they hadn’t pushed her, she wouldn’t have left school.’ Anna looked at the high school as they rounded the curve. ‘Do you think I’m too dressed up?’
‘No, you look great.’ Maggie glanced over, and Anna had on one of her new boho dresses, a flowy affair in dark blues. Her brownish hair swung shiny to her shoulders, complementing her lovely blue eyes.
‘It was dumb to dress up. I look like a tryhard.’
‘What does that mean?’ Maggie smiled. ‘I try hard.’
‘It means you’re thirsty.’
‘I’m thirsty, too!’ Maggie said, and they both laughed. She turned into the entrance, steered toward the parking lot, pulled in, and they walked to the school, which was modern and newly renovated, with tan stone and four large panels of glass above an overhang for the main entrance.
Anna looked this way and that. ‘That must be the student lot. I can’t wait to go car shopping.’
‘We will, in time.’ Maggie had forgotten to talk to Anna about the new car. They entered the school’s bright entrance room, with its large black rug that read LM in maroon letters, then went to the main office, another large, bright room with a long counter of light wood. The school staff worked on sleek desks behind the counter, and a waiting room held maroon-padded chairs organized in a square.
They went to the counter, and a blond staff member approached them with a smile. ‘May I help you?’
‘Yes, I’m Maggie Ippoliti, and I have an appointment to register my daughter, Anna Desroches.’
‘Great, Maggie.’ The staffer turned to Anna. ‘Anna, I’m Judy, and welcome to Lower Merion. Did you bring your papers?’
‘I did, right here.’ Maggie dug in her purse and extracted a thick folder of documents that James had emailed them. ‘Here’s her immunization records, transcript, Social Security card and birth certificate, and bills showing proof of residence. I also filled out the Parental Registration Statement.’
‘Thank you so much. I’ll get these photocopied.’ Judy took the folder and turned to Anna. ‘We’ll get you into classes tomorrow. I’m going to introduce you to your guidance counselor, and she’ll go over your schedule with you, then give you a quick tour.’
‘That sounds great.’
‘Thank you,’ Maggie said, then they were taken down a hallway blanketed with colorful college pennants to the Guidance Center to meet Brittany Holt, a young brunette in a Lilly Pulitzer dress. Brittany’s office was covered with inspirational posters and a metal rack of pamphlets: Straight Talk for Teens About Alcohol, 37 Scary But True Facts About Drugs, and When Is It Rape? Maggie eyed the titles, realizing that she had a whole new list of things to worry about, while Brittany and Anna talked about her course schedule.
When they were finished, Brittany stood up. ‘If you have time, I’d like to show you around.’
‘Sure, thank you,’ Anna answered, and Maggie followed them out of the office and into the large hallway area packed with students plugged into iPhones and carrying backpacks, purses, and gear bags.
Brittany nodded. ‘This is a really busy time, changing from A lunch to B lunch. The bus sche
dule determines our hours, and the high school gets the earliest pick-up.’
‘My old school was much smaller.’ Anna scanned the scene, nervously.
‘Are you planning on taking the bus or driving, Anna?’
‘Driving.’
‘Then you’ll need a parking permit. You can apply for one in the office.’ Brittany turned to Maggie. ‘Don’t let our size worry you, as a parent. Even though we have a lot of students, we have an excellent student–teacher ratio.’
‘That’s great.’ Maggie smiled, and Brittany led the way past a collage with scenes of the school, which read Enter To Learn, Go Forth To Serve next to a placard of a bulldog, the school mascot. Students checked Anna out, but she looked down. Brittany pointed out the gorgeous Bryant Gymnasium donated by the basketball-playing alum Kobe Bryant, then the well-appointed library, display cases of trophies, and a banner that read Governor’s Award for Excellence in Academics. The tour ended at the cafeteria, which was massive, with students laughing, talking, and eating at long gray tables, between two all-glass walls.
‘Oh, there’s those girls from Phrases.’ Anna pointed at one of the tables, and Maggie saw a table of three girls, all wearing funky clothes like the ones at Circa. She recognized the girl in the middle from the Facebook picture.
Brittany glanced at her phone. ‘There’s still ten minutes. Let’s take a peek inside, shall we?’
Maggie nodded. ‘Great idea. Anna, you can say hi to those girls, introduce yourself.’
‘No, thanks,’ Anna answered quickly. ‘I don’t want to go in.’
Maggie looked over. ‘You sure, honey? I’d like to.’
‘I don’t need to.’ Anna met her eye meaningfully, then turned to Brittany. ‘Can I use the bathroom?’
‘Of course.’ Brittany pointed. ‘The ladies’ room is on the left.’
‘Be right back.’ Anna edged backwards, and Maggie watched her go, guessing that Anna didn’t want to be introduced with her mother.
Brittany leaned over. ‘She’s a very smart, sweet girl, but she seems quiet.’
‘I know.’ Maggie felt defensive on Anna’s behalf. ‘I think she’s overwhelmed. The school she came from was more sheltered. She’ll get used to it in time.’
‘Right, I saw Congreve online. It’s much smaller. But don’t worry, I’ll keep an eye on her.’
‘Thanks. She’s worried about making friends.’
‘She needs to join something. That’s the best way.’
‘We talked about that. She likes poetry.’ Maggie pointed to the Phrases table. ‘They’re the Poetry Club, right?’
‘That’s one name for them.’ Brittany sniffed.
‘What do you mean?’
‘Strictly between us?’ Brittany leaned closer. ‘And this is just my opinion, okay? That table is the Island of Misfit Toys.’
‘Really?’ Maggie thought back to the pamphlets in the guidance office. Drugs. Alcohol. Suicide. She fell into a troubled silence as Anna returned with a smile.
Brittany turned to her. ‘Anna, it was wonderful meeting you.’
‘You too, thanks so much.’ Anna shook her hand. ‘I’ll see you tomorrow.’
Maggie extended a hand to Brittany. ‘Thank you so much. We really appreciate your time.’
‘You ladies are welcome to stay for lunch. It’s Pizza Day.’
‘That’s okay, thanks,’ Anna answered quickly. ‘We have errands to run.’
We do? Maggie thought, but didn’t say.
Chapter Twenty-nine
Noah, After
TRIAL, DAY 5
Linda signaled to her paralegal. ‘Dr Alderman, please direct your attention to Commonwealth Exhibit 52, which is the transcript of the PFA hearing.’
Thomas jumped up. ‘Your Honor, I object to the admission of the transcript as hearsay, violative of my client’s constitutional right to confrontation, and unduly prejudicial.’
Linda turned back to the judge. ‘Your Honor, the transcript is admissible as a hearsay exception under rule 804(b)(1) in that it is former testimony that was given as a witness at trial who is now unavailable, due to death. The defendant had a full and fair opportunity to examine the witness at the hearing, under Commonwealth v. Bazemore.’
Judge Gardner nodded. ‘The objection’s overruled.’
‘Thank you, Your Honor.’ Linda signaled again to her paralegal, and the screen came to life with a portion of the transcript:
Mr Carter: Ms Desroches, what happened when you went out for a driving lesson with your stepfather on Thursday night, April 27?
Ms Desroches: He took me driving in the parking lot behind the shopping center, and it was after dark. It was just the two of us in the car, and on the way over, he said some inappropriate things to me. They were compliments but over the line.
Mr Carter: Like what?
Ms Desroches: Like that I was beautiful, and I had great eyes, nice hair, and I had great dimples like my mom.
Mr Carter: How did that make you feel?
Ms Desroches: I thought it was nice at first, but then it started to make me very uncomfortable. I mean, he’s my stepfather. He was acting like we were on a date.
Linda faced Noah. ‘Dr Alderman, you were present when Anna testified about these inappropriate remarks, were you not?’
‘Yes.’
‘You testified that you didn’t make any such remarks, isn’t that right?’
‘No, that was not my testimony,’ Noah answered, without hesitation. Linda was trying to trip him up, but it wouldn’t work. Thomas warned him that his trial testimony had to be consistent with his PFA testimony, so Noah had memorized the PFA transcript. Surprisingly, his memorization skills from med school weren’t rusty.
‘What did you say to Anna in the car?’
‘I might have said, “you look nice,” but that was it.’
‘You never told her she had great eyes?’
‘No.’
‘You never told her she had nice hair?’
‘No.’
‘You never told her she had great dimples?’
‘I said that, too.’ Noah felt on edge. He tried not to look at the back row for Maggie. He would be pointing her out to the media.
‘Isn’t it true that you intended your compliments to be seductive?’
‘No.’
‘But you intended it to be pleasing and flattering, did you not?’
‘Yes.’
‘So you were trying to flatter Anna, weren’t you?’
‘No, not flatter her.’ Noah was about to say per se, but caught himself. ‘I was trying to be nice.’
‘You were trying to get Anna to like you, isn’t that right?’
‘Yes.’
‘So that you could seduce her, isn’t that right?’
‘No.’
‘Dr Alderman, weren’t you grooming her?’
‘Objection, Your Honor!’ Thomas rose. ‘The prosecutor is using an inflammatory and prejudicial term.’
Linda faced Judge Gardner. ‘Your Honor, that term could not be more relevant to this case.’
Judge Gardner nodded. ‘Overruled.’
‘Thank you, Your Honor,’ Linda said, turning to Noah. ‘Dr Alderman, weren’t you trying to groom her?’
‘No, I wouldn’t use the term grooming.’
Linda nodded. ‘Oh I see, you took the hint from your counsel, didn’t you?’
‘Objection, Your Honor.’ Thomas half-rose. ‘Counsel is testifying and trying to –’
‘Sustained,’ Judge Gardner said, before Linda could even argue.
‘Dr Alderman, please direct your attention to the next section of Commonwealth Exhibit 52.’ Linda signaled to the paralegal, and the screen changed.
Mr Carter: Let’s return specifically to the night of April 27, when you went out for your driving lesson with your stepfather. Do you recall what happened that gave rise to your petition?
Ms Desroches: Yes, I’m sorry. That’s what you asked me before. I’m a little nervous. It
’s so weird to be here. I never was in court before, and it’s hard to say these things, out loud.
Mr Carter: Of course. We understand. That’s okay.
Ms Desroches: What he said was, um, sexual, and it’s weird to say in front of everybody, especially him, since he’s looking at me like that.
Mr Carter: You mean your stepfather is looking at you a certain way in the courtroom, right now?
Ms Desroches: Yes, he’s glaring at me. I know he’s mad I filed the petition but I want him to stop doing –
Mr Carter: Let the record reflect that the Defendant is attempting to intimidate this witness. Your Honor, I ask that the Defendant be removed from the courtroom immediately.
Mr Owusu: Objection, Your Honor. I’m sitting next to my client and he is doing no such thing.
Mr Carter: But Your Honor, Defendant’s attorney cannot see his client’s face from his vantage point.
Mr Owusu: Your Honor, I object to Petitioner’s request. These are grave allegations, and the Defendant intends to take the stand. He cannot exercise that right if he has not been permitted to hear the testimony.
Mr Carter: Your Honor, Defendant is in no way entitled to intimidate this young woman, taking unfair advantage of their disparate positions and power. Not only is he her stepfather, but he is older and a doctor.
The Hon. Jane Hamilton: I will permit Defendant to remain in the courtroom. Dr Alderman, I was not looking at you, so I cannot determine if you were making menacing faces -
The Defendant: I wasn’t, Your Honor.
The Hon. Jane Hamilton: Please don’t interrupt me. I wasn’t asking for a response, sir. You’re not under oath and you may not testify from counsel table. I warn you that I will not allow the intimidation of any witness who comes before me seeking a Protection From Abuse order against a domestic abuser. My courtroom always will be a safe place for them, and I will not allow it to be violated in any way, shape, or form. Mr Carter, you may continue your direct examination of the witness.
Linda straightened. ‘Dr Alderman, you recall that exchange, don’t you?’
‘Yes.’ Noah remembered being startled when Anna referred to him directly from the stand, and the judge’s explanation characterized him as a domestic abuser in front of the jury. He heard them shifting, and the courtroom sketch artist flipped a page of brown paper, her pastel chalk between her teeth.
After Anna Page 14