Darkness Drops Again

by Melissa E Manning

“In closing, ladies and gentlemen, we ask that you keep an open mind until you hear all of the evidence. And then we trust you will return the verdict of not guilty for Tammy Sanford. Thank you.”

  As I return to my seat, Tom whispers, “Well done, Shaw,” while Ethan and Tammy greet me with beaming smiles. I chance a look at Judge Tyler and my heart jumps as I catch him watching me. Am I imagining it or is there interest in those eyes?

  Chapter 31

  I arrive at the courthouse on Tuesday morning wearing my second and last tailor-made suit and clutching my coffee like it’s my lifesource. Which, at this point, it pretty much is. Thank God Patrick offered to work remotely from home this week. Yesterday, I left the house at seven and didn’t return until after our witness prep session for today ended a little after one a.m. No amount of coverup will mask the deep purple circles under my eyes. As I open the doors to Judge Tyler’s courtroom and glance toward the defense table, I see Ethan hunched over Tom’s shoulder. There’s an air of tension surrounding them that makes me uneasy. Today was supposed to be a cakewalk. The State is expected to call the officers who processed the scene and the medical examiner. We’re fully prepared for cross.

  Before I’m even able to hang my trench coat over the extra chair, Ethan spins toward me with panic in his eyes. “Al added a surprise witness to his list this morning.”

  “What!” I exclaim. “Who?”

  “Brandy Lynn Nelson. Tammy’s cousin who adopted the baby.” Ethan is speaking so rapidly, I’m assuming the twenty-ounce Starbucks in his hand is not his first of the day.

  “Why would Al call Brandy Lynn to the stand? The fact that she adopted Garrett after Kyleigh’s death is irrelevant. And even if it was relevant,” I add, “he should have included her in the witness list he produced to us weeks ago.”

  “Well, according to Al, Brandy Lynn has been dodging his calls and visits. He claims she only returned his call after seeing Tammy on the news last night.”

  Trying to process this information, I reason, “Well, if Brandy Lynn really only contacted Al last night, there’s a chance Judge Tyler will allow her to testify. But can she add anything substantial to his case?”

  Without looking up from his legal pad of notes, Tom joins the conversation. “Apparently, Brandy Lynn and Tammy were close when Kyleigh was younger. She’s going to testify about their relationship over the years.”

  There’s a sinking feeling in my stomach as I ask rhetorically, “I assume she’s not being called to portray Tammy as June Cleaver.”

  Both Ethan and Tom shake their heads in disappointment. Then Tom stands and says, “Let’s go fill our client in on this development.”

  After Tom breaks the news of the surprise witness to Tammy, she stands in her cell silently covering her open mouth. Her reaction confirms the worst of our fears. Brandy Lynn is going to be a terrible witness for us.

  The eternal optimist, I try, “Well, Brandy Lynn can’t be all that bad of a witness. I mean, she did adopt Garrett when you asked.”

  Tammy drops her hand and cracks a rueful grin. “Shit, Brandy Lynn adopted Garrett because she couldn’t have babies. Her and her husband had been trying for years with no luck. Doesn’t mean she doesn’t think I was a shit mom.”

  Undeterred, I retort, “Not that any of this matters. Whether or not you were mother of the year is irrelevant to whether you killed Kyleigh.”

  Never one to let a point go unchallenged, Tom morosely points out, “It matters to the jury, though. If they think Tammy was mean or abusive to Kyleigh when she was a child, they are more likely to believe she was capable of murder.”

  All four of us stand in silence for a moment contemplating the tiled floor. Ethan finally looks up at Tammy and provides some hope. “That being said, we’ll establish during cross that you and Brandy Lynn haven’t been close for years and she has no idea what happened the night Kyleigh died.”

  Tammy gives Ethan a weak smile in appreciation. “I’m sure you will. Thanks, Ethan.” She then turns her back on us, walks over to her thin cot, and takes a seat. Her head between her hands. Eyes on the floor. Not one ounce of yesterday’s confidence is present.

  As we walk back to the defense table, dejected, my mind begins to race. Our case could use its own surprise witness right about now. One that could lend credence to my alternate suspect theory. Sure, the life insurance was a great find, but it doesn’t mean much if Simon wasn’t there the night Kyleigh died. As I take my seat, I pull out my cell phone.

  Me: Any chance you have a few free hours today?

  Zara: My schedule is a bit light. What’s up?

  Me: I want you to canvass Simon’s neighbors and see if anyone saw him come home after Tammy left that night.

  Zara: Are you insane? I’m not an investigator. Besides, don’t you think the police already did that?

  Me: Actually, they didn’t. They knocked on a few doors, but once they got the 7-Eleven video showing Simon leaving before Tammy, they were convinced she did it. They arrested her the very next day.

  Zara: Okay, even so, this is still crazy. No one is going to remember where Simon was two years ago. And, if they did remember, they would have called the police right after the murder.

  Me: I know it’s a long shot. But we’re desperate. Please!!!!!!

  Three dots appear. Then disappear. Thirty more seconds pass.

  Me: Think of ten-year-old Zara. Just pretend you’re a CIA agent.

  More dots.

  Zara: I’ll give you an hour. That’s it.

  Me: You’re the best!

  I am just putting my phone away when the bailiff announces Judge Tyler’s entrance. He doesn’t look happy.

  “Counsel, approach,” he barks. Al, Lexi, Ethan, Tom and I all scurry up to the bench like children about to receive a tongue lashing. Which, I guess, we are.

  Judge Tyler turns to Al and demands, “What is this I hear about a last-minute witness? You know better than to pull this crap in my courtroom.”

  Al looks chastened, but resolutely declares, “Your Honor, believe me, there is no gamesmanship going on here. We have records showing we have left over twenty-five voicemails with the witness over the last several months. We even made the five-hour round-trip drive on two occasions hoping to catch her at home. All to no avail. Then, out of nowhere, we had a voicemail when we got back from court yesterday.”

  Judge Tyler grows tired of the long-winded explanation and cuts to the chase, “Why is she suddenly so keen to testify?”

  “Well…it seems…” Mr. Porter stutters, “There was a misunderstanding.”

  “What kind of misunderstanding?” Judge Tyler demands.

  “She was avoiding us because she thought Tammy was trying to contest custody of her grandson. You see, the witness adopted Kyleigh’s son.”

  Judge Tyler appears incredulous. “Did you identify yourself as a prosecutor for the State of Illinois on these voicemails?”

  “Yes, of course, Your Honor. But Brandy Lynn was afraid Tammy was claiming she took Garrett without permission and that was why the State of Illinois was involved.”

  Tom senses an opening and pounces. “Your Honor, Mr. Porter’s story is dubious, at best. And we haven’t had a chance to interview the witness or prepare for our cross examination. The witness should be barred from testifying.”

  Judge Tyler leans back in his seat and forms a steeple with his hands. After considering the issue for a moment or two, he asks Mr. Porter, “On what issue is the witness going to testify?”

  Thrilled to be gifted a softball question, Mr. Porter quickly reassures the judge, “Ms. Nelson was very close to the defendant and the deceased up until a few years ago. She will testify as to the nature of their relationship.”

  “Which is irrelevant,” Tom interjects.

  Judge Tyler takes a few more moments to consider the issue before sitting up to deliver his ruling. “I’ll allow it.”

  Although Ethan, Tom and I all assumed this would be his ruling, it still feels like ye
t another gut punch. We turn to retake our seats when Judge Tyler adds, “On the condition, that after Ms. Nelson testifies, the defense team will be granted an hour’s recess to prepare their cross.”

  Surprised, I turn to thank Judge Tyler for the courtesy. “You’re welcome, Ms. Shaw.” He then gives me a small smile before adding, “Nice opening yesterday, by the way.” As a startled Ethan and Tom turn back toward the bench, Judge Tyler stands up and quickly walks into chambers to allow the jury to enter the courtroom.

  When we retake our seats, Ethan scribbles something on his legal pad and pushes it in front of me. “Does someone have a crush?” it reads.

  I elbow him hard in his defined bicep, tear out the sheet, crumple it into a ball and deposit it into my purse. He’s such a juvenile. Yet, I have to admit, Judge Tyler has a cute smile.

  The prosecution calls Brandy Lynn as its first witness. She nervously takes her seat in the witness box, fidgeting with the sunglasses she’s placed on top of her head. Brandy Lynn has long brown hair and is wearing strategically torn jeans with a green floral shirt and a white cardigan. While Brandy Lynn dresses like she’s late twenties, the wrinkles at the corners of her eyes and mouth coupled with her stomach pouch say she’s pushing mid-forties.

  Al approaches the witness box and thanks Brandy Lynn for appearing today. “Now, Ms. Nelson, how do you know the defendant, Tammy Sanford?”

  Brandy Lynn mumbles inarticulately while gazing at her lap, “She’s my cousin.”

  Judge Tyler instructs, “You’ll need to speak louder, Ms. Nelson.”

  Brandy Lynn nods and Mr. Porter continues, “Did you know the deceased, Kyleigh Sanford?”

  Brandy Lynn raises her head and deliberately speaks into the microphone this time, “Yes, I was over at their house a lot when Kyleigh was growing up. I babysat all the time.”

  Brandy Lynn may have only called Al yesterday, but they’ve clearly had time to go over her direct in detail because Mr. Porter nods as if she’s following a script. “And how would you describe Kyleigh as a child?”

  On cue, Brandy Lynn eagerly offers, “She was a beautiful child. So happy. And talented too. She used to put on little song and dance shows for us. Tammy loved to show her off. She’d go on and on about how little Kyleigh was going to have her own star in Hollywood someday.”

  “And how would you describe the defendant as a mother?”

  Brandy Lynn shoots Tammy a nervous glance. “Well…she doted on Kyleigh when she was little. Drove her all over the state to those pageants. Spent all her money on lessons for Kyleigh: voice lessons, tap lessons, gymnastics classes, you name it.”

  Al was clearly expecting something more, so he prods, “What about when Kyleigh was older. How was Tammy then?”

  Brandy Lynn exchanges a long look with Tammy now. I put my hand on Tammy’s arm for reassurance. Then Brandy Lynn reluctantly continues, “That’s when things turned bad. Kyleigh fell when she was cheerleading. Messed her back up something awful. But Tammy kept pushing Kyleigh to get back to cheerleading and dance. Kyleigh told Tammy she couldn’t. That her back hurt too much. But Tammy wouldn’t take no for an answer. She would make Kyleigh keep practicing even when she was crying in pain.”

  Tom jumps out of his seat. “Objection. Hearsay.”

  Judge Tyler throws us a bone. “Sustained.” Then to Mr. Porter, he cautions, “Make sure the witness has personal knowledge before you continue down this road.”

  Al nods and continues, “Ms. Nelson, were you ever at these cheerleading practices with Tammy and Kyleigh?”

  Brandy Lynn looks down and nods.

  “We need an audible answer, Ms. Nelson.”

  Brandy Lynn looks nervously back up at Mr. Porter. “Yes, I was. Tammy was upset with Kyleigh. Thought she was faking. She asked me to come with her to cheerleading practice to see for myself.” Brandy Lynn shakes her head regretfully before continuing, “I told Tammy to back off and let Kyleigh rest. The girl was clearly in pain. After every jump or kick she’d grab her back. But Tammy wouldn’t listen. A few weeks later, Tammy called and told me she thought Kyleigh was taking too many pain pills. Things went downhill from there and I stopped taking Tammy’s calls. It was just too sad. I got married a year or so later and moved downstate anyway.”

  Brandy Lynn wipes away a tear and I chance a glance at the jury. A few of them seem to be on the verge of tears themselves. This isn’t a good look for Tammy.

  “Thank you for your time, Ms. Nelson. I have no further questions.” As Al walks over to the prosecution’s table, Judge Tyler leans toward his microphone to announce our recess.

  Tom interrupts, “Judge Tyler, if it pleases the court, we only have a few questions for Ms. Nelson.”

  Judge Tyler looks surprised, but after a brief pause, acquiesces. “You may proceed.”

  Tom leans over Ethan and Tammy saying, “Shaw, you take the cross. Just get Brandy Lynn to admit she hasn’t had any contact with Tammy in years. Doesn’t know anything about how Kyleigh died. We’re not going to get anything else out of her.”

  Butterflies in my stomach tell me this isn’t a good plan. “Don’t you think we should take the recess and prepare? This feels rushed.”

  Tom is frustrated. “Shaw, just ask her when she last talked to Tammy and be done with it. If you aren’t up to it, Ethan can step in.”

  “No, no. I’ve got this,” I assure him halfheartedly. Tammy looks at me with trepidation, but whether she’s nervous about this line of questioning or just generally being on trial for murder, I can’t tell.

  I take my time making my way to the witness box, mulling over how best to proceed.

  “Ms. Nelson, thank you for coming today,” I say to buy time.

  Brandy Lynn gives a slight nod as I can feel the eyes of twelve jurors on me. I take a deep breath and plunge ahead. “You admitted that after Kyleigh’s fall, you and Tammy grew apart, correct?”

  “Yes,” Brandy Lynn acknowledges.

  One for one, I tell myself before launching question two. “And after you moved downstate, you didn’t come over to their home as often, correct?”

  Again, Brandy Lynn nods. “That’s correct.”

  With each admission, my confidence rises. I can do this. “And so you don’t have any personal knowledge about Tammy and Kyleigh’s relationship in the months preceding Kyleigh’s death, do you?”

  “No, I don’t,” Brandy Lynn admits.

  I breathe a sigh of relief. I’ve done my job. I start to say no further questions when Tom’s instructions come back to me. I turn back to Brandy Lynn for my final question, “Oh, and Ms. Nelson, you and Tammy hadn’t spoken in years prior to Kyleigh’s death, correct?”

  “No, that’s not correct,” Brandy Lynn says adamantly.

  She must have misunderstood. I rush to clarify, “But Ms. Nelson, you previously testified that you stopped speaking with Tammy after she told you about Kyleigh’s drug use, correct?”

  Brandy Lynn looks at her hands folded in her lap and quietly continues, “I stopped picking up her calls after that and we didn’t speak for years. But then, Tammy called me right after Kyleigh’s twenty-third birthday. She told me that Kyleigh was doing drugs and living with a dealer. She told me about her son, Garrett, and the conditions he was living in.” Brandy Lynn takes a deep breath, looks Tammy directly in the eyes, and adds, “And then she made me promise that I’d look after Garrett if anything ever happened to her and Kyleigh.”

  Chapter 32

  I’m barely cognizant of the remaining proceedings that day. The police officer’s description of Simon’s drug den washes over me as does Ethan’s cross. I note that he scores an admission from the officer that there was no physical evidence in the apartment connecting Tammy to the crime, but on redirect Lexi has the officer confirm the only person caught on the 7-Eleven camera going into Simon’s house that night was Tammy. Tom gets the medical examiner to admit Kyleigh’s hyoid bone was intact during the autopsy and there was no visible bruising around her neck. A
t one point, she also seemed to claim that Kyleigh could have been strangled or suffocated as those terms are used interchangeably. While that gaffe put the medical examiner on shaky ground, on redirect, Mr. Porter was able to repair some of the damage by confirming the hyoid bone and bruising are not the only indicia of strangulation. As I do my best to retain the facade of engagement in the proceedings for the jury’s benefit, my internal voice is screaming at me for breaking the cardinal rule of cross examination. That being you never, under any circumstances, ask a question you don’t already know the answer to. That one question too many can blow up in your face: as it just did with me.

  As the medical examiner exits the witness box, Mr. Porter stands in front of the prosecution table and announces, “Your Honor, the State rests its case.”

  “Thank you, Mr. Porter,” Judge Tyler responds. “This concludes the proceedings for today. The jury is excused and we will see you back here tomorrow at eight for the commencement of the defense’s case.”

  We pack up our things in silence as the bailiff escorts Tammy to her holding cell. As soon as Tom zips up his Tumi briefcase, he makes a beeline for the back of the courtroom. Ethan and I grab our things in a heap under our arms and rush to catch up.

  Immediately upon reaching Tammy’s cell, Tom barks, “What the hell was that?” Ethan and I come to an abrupt stop behind him, almost dropping all of our belongings in the process.

  Tammy, confused, asks, “What was what?”

  “Come off it,” Tom responds. “I had to lean across you to discuss my strategy with Shaw. You heard me tell her to ask Brandy Lynn about the last time she talked to you. Why the hell didn’t you give us a heads up that we were walking into a trap?” Tom kicks the cell bars in emphasis.

  “I thought you’d be mad,” Tammy admits sheepishly.

  Tom has reached the end of his rope. “Mad? You thought we’d be mad! This is a murder trial, Tammy, not fucking high school!”

  “Mr. Gaines,” a timid voice interjects.

  Without even turning to determine the voice’s identity, Tom bellows, “What?”