Heather Anderson arrived at her office before 7:30 A.M. Waiting for her was a message on her computer to see her boss, Shayla Parker, ASAP. Parker was the Ramsey County attorney and a summons from her this early was not a good way to start the day.
Heather grabbed a legal pad and pen and walked quickly down the hall to Parker’s corner office. She lightly knocked on the frosted glass of the office door and opened it while Parker was responding.
“Have you seen the papers this morning?” Parker calmly asked.
“No, but I heard about it on the radio driving in. How bad are they?” Heather answered Parker as she took a chair in front of her boss’ desk.
“Not good. Where are we with the investigation?” Parker asked.
“I have a meeting with the cops this morning. I got preliminary reports late yesterday from them,” Anderson said. “Mackenzie Sutherland has a solid self-defense claim.”
“I’m thinking about presenting it to a grand jury,” Parker said.
“A little CYA?” Heather asked.
“A lot of CYA,” Parker agreed. “Whether we like it or not, this is a political office and we answer to the voters. Could we get a first or second-degree murder indictment?”
Heather contemplated the question for a moment then said, “I’m not sure I want to. We’ll slander this woman and lose at trial.”
“Get the indictment, make a plea offer for minimal jail time,” Parker suggested.
“Her lawyer would never take it. Plus, do we really want to do something that cynical? At best it is borderline ethical bringing a criminal case we don’t believe in. We’re supposed to believe we have sufficient evidence to prove guilt beyond a reasonable doubt. I don’t think we have it here. And we will ruin this woman’s life.”
Parker looked at her subordinate over her glasses then said, “This is the real world, Heather. Besides, she has money. She’ll get over it.”
“Shayla, I understand that but…”
“Go talk to the cops. Maybe they can come up with more evidence for at least a manslaughter indictment. Think about the grand jury. I think we should do it. If the grand jury returns a ‘no bill’, so be it. I’d be okay with that,” Parker said.
“You think that would cover our asses?”
“An indictment would be better. Even if we lose at trial we did our job,” Parker said. “See what you can do.”
“Yes, ma’am,” Anderson said rising to leave knowing her boss had just ordered her to present the case to a grand jury and get an indictment for something.
“I’m going to release a statement to the press today that we’re going to present it to the grand jury.”
Heather turned her head back toward her boss as she opened the door, shrugged her shoulders and said, “Yes, ma’am. I’ll see what I can do.”
Marc Kadella’s intercom buzzed and when he answered it, he heard Carolyn say, “You may want to come out here.”
When Marc went into the common area the other three lawyers were all coming out of their offices. Everyone gathered around the TV and watched an interview taking place on a local station. The anchor was talking to a man identified on the screen as a former federal prosecutor. They were discussing the news being leaked that Ramsey County was going to present the Sutherland shooting to a grand jury.
“Did you know about this?” Barry Cline asked Marc.
“No, but I figured they might try this. The media heat is turning up and they have nothing to lose. If they get an indictment…” Marc said.
“They’ll offer you a great deal for a plea,” Barry interjected.
“And if they ‘no bill’ the case, Shayla Parker’s ass is covered either way,” Marc added.
“They’ll try to get first and second-degree murder,” Barry said. “Then offer her a sweet deal for first or second-degree manslaughter.”
“Yep,” Marc agreed. “I don’t see how they can claim first degree anything.”
“They’ll try to convince the grand jury that she lured him to her house because of the family feud over the money. Then offer manslaughter with some minimal time.”
“I won’t let her take it. We’ll go to trial if we have to.”
“Anything new?” Heather Anderson said to the group seated around the conference room table. In attendance were Heather, Wade Keenan, Anna Finney, Dale Kubik and Max Coolidge.
“Yeah,” Max said. “I saw Paige Sutherland last night,” he continued looking at Finney. “She called me, said she wanted my advice about something and asked me to stop by.”
“What did she want?” Heather asked.
“She asked me about digging up Bill Sutherland and having another autopsy performed,” Max answered.
“Why?” Keenan asked.
“They’re convinced Mackenzie poisoned the old man; gave him something to cause his heart attack.”
“Do they have any evidence of this? A bottle of the drug she used? Something to back it up?” Keenan asked him.
“Not that I’m aware of and I’m sure she would have told me.”
“Unless Mackenzie agrees to it…” Heather started to say.
“She already said no and she would fight it,” Max said.
“…it probably won’t happen.”
“What if we join her?” Keenan asked Heather.
“Same thing,” she said. “What grounds do we have? Do we have probable cause or even a reasonable suspicion other than bitter, resentful children?” Heather answered him.
“She’s going to do it,” Max said. “She hired a lawyer and he’s putting a motion together to get a court order. A guy named Simon Kane.”
“You know him?” Heather asked Keenan.
“No,” he answered.
“He’s a corporate guy. Handled the business stuff for Sutherland’s grocery store company,” Max told them.
“Maybe we should join them,” Keenan said. “That might lend some credibility to the attempt.”
Anderson said, “I don’t think so. Let her try it and see what happens. If she gets an okay to do it then she can pay for it. If she gets turned down and we come up with some grounds later we can ask for it then. If we join her now we might not get another crack at it later.” She then turned to Finney and asked, “Anything else?”
“You have the reports of the interviews,” Anna said. “Is it true, are you taking this to a grand jury?”
“Yes, I am. I’ll let you know when I do. It will probably be next week. They don’t meet again until then. I’ll want all three of you to testify. Anything else?” she asked again.
“No,” all three detectives answered in turn.
“Okay, I’ll be in touch.”
“Marc,” Marc Kadella heard Sandy say over the intercom, “there’s a Heather Anderson on the phone for you from Ramsey…”
“Put her through Sandy, thanks.”
A few seconds later he heard Anderson’s voice. “Hello, Marc. This is a courtesy call about Mackenzie Sutherland.”
Hearing this from a prosecutor, Marc’s defense lawyer antennae went up. “Okay,” he cautiously replied.
“You’ll find out later anyway so here it is. We’re taking her case to the grand jury…”
“I know,” Marc said. “It was leaked to the media already and was on TV a while ago. What are you asking for?”
“Murder one,” Anderson flatly stated.
“You can’t be serious…”
“She lured him into her house, pulled a gun and shot him dead. We think we can make a case for premeditation. Murder two at least.”
Remaining calm Marc said, “Bull. You can’t make that case at trial and you know it.”
“Maybe, maybe not but we…”
“Need to get the media and political heat off so you’re going to hide behind the grand jury,” Marc finished for her.
“No comment,” Heather said.
“My client wants to testify before the grand jury…” Marc started to say.
“I don’t think so,” Heather sai
d.
“She has a constitutional right to testify,” Marc sputtered.
“Not before the grand jury she doesn’t,” Heather calmly replied.
Knowing she was probably right, Marc hesitated, silently trying to think of something to say.
“Are you still there?” Heather asked.
“Yeah, I am. I’m going to go before Doug Feller and ask for an injunction to stop you from preventing her from testifying,” Marc said referring to Chief Judge Douglas Feller, head of the Ramsey County courts.
“You won’t get it. He has no jurisdiction about what goes on before the grand jury,” Heather said with more certainty than she felt.
“Then I’ll go on Gabriella Shirqui’s show every day for the next month. When are you presenting this to the grand jury?”
“They don’t meet again until next Wednesday,” she told him.
“Heather, I mean it, I’m going to call Feller right now and ask for an emergency hearing. I’ll have the pleadings to you this afternoon. What’s your e-mail address?
Anderson gave him her email address then Marc’s door opened. Carolyn stuck her head in and told him Mackenzie was calling.
“My client’s on the phone. I need to talk to her. I’ll be in touch.”
Marc hit the button with the blinking light on the phone and he was barely able to say hello before Mackenzie started.
“Marc, it’s all over the TV that they’re taking this to a grand jury to ask for a first-degree murder indictment,” she said almost in a panic. “What are we going to do? Can you stop this?”
“Calm down, Mackenzie…”
“Easy for you to say! They want to charge me with…”
“Take a deep breath. Relax. I just got off the phone with Heather Anderson…”
“The woman at the interview when they taped me,” Mackenzie said trying to breathe easier.
“Yes. It’s a political thing. The media…”
“Assholes,” Mackenzie muttered.
“Yes they are,” Marc agreed “The county attorney is doing this for political ass covering. I’m going to try to head it off before they get an indictment.”
“How?”
Marc went over his phone call with Anderson and his strategy for the grand jury. When he finished, he waited for her to speak. She was silent for a few seconds apparently thinking about what Marc told her.
“What do you think? Will this judge make her let me testify?”
“I don’t think he can. I don’t believe he has the authority. It’s pretty much up to the prosecutor to decide what the grand jury hears. I’m hoping he can persuade her to let you do it. Feller’s a good guy; a fair judge. It’s at least worth a shot.”
“I want to be there,” Mackenzie said.
“Sure, no problem,” Marc replied. “I’ll call the judge’s clerk and set up a time for the hearing right now.”
“I’m having lunch with Madeline. Please join us,” Mackenzie said. She told him where and when and Marc agreed to meet them.
Marc called Judge Feller’s clerk and scheduled the hearing for the coming Friday. When he finished the call, Barry Cline knocked on his door and told him the local media was hyping the grand jury story. The two lawyers chatted for a minute then Marc went to work preparing his paperwork for Friday’s motion.
“I haven’t been here in years,” Mackenzie said to Maddy while Marc placed their order.
“Cossetta’s has the best pizza anywhere and I’m from Chicago and have had a lot of pizza in both Chicago and New York,” Maddy said.
“New York pizza sucks,” Marc said as he set the tray with their drinks on the table. He sat down next to Mackenzie and added, “New Yorkers love to brag about their pizza but compared to Cossetta’s, it’s like eating a soggy piece of bread covered with processed cheese and ketchup.”
Marc held up his glass of Coke for a toast and said, “To Cossetta’s pizza.”
The three of them clicked their plastic glasses filled with soda, took a drink and shared a laugh.
“That’s the first real laugh I’ve had since…” Mackenzie said.
Maddy reached over to her, took her left hand and said, “Relax, we’ll get you through this.”
Mackenzie turned up the corners of her mouth in a slight smile and said, “Thanks.”
Marc was looking up at a TV set mounted on the wall a few feet away. “Excuse me, miss,” he said to a server walking past their table. “Could you turn that up, please?”
“Sure,” she answered. The young girl reached up and turned the volume knob, looked at Marc who nodded and mouthed the word thanks.
“What?” Maddy asked as she turned in her chair to see the TV.
“Shayla Parker,” Marc said.
“Who is she?” Mackenzie asked. When she said this, the words ‘Ramsey County Attorney’ appeared at the bottom of the screen along with Parker’s name.
The three of them watched while Parker conducted a live press conference. It was entirely about Mackenzie, whose picture appeared on-screen twice, and the grand jury. The main point of it was that Parker and the police were confident there was sufficient evidence for an indictment. They believed Mackenzie lured Robert Sutherland to her home to murder him over a family dispute about the Sutherland money.
“Then why isn’t she under arrest now?” a reporter asked.
“Her lawyer assured us she would surrender herself if we obtained an indictment,” Parker claimed.
“I did?” Marc asked. “That’s news to me.”
They continued to silently watch for several more minutes. Parker only took three or four questions then held up a hand to quiet the reporters.
“There is only one set of laws for the State of Minnesota and it will be applied equally. There will be no favoritism in Ramsey County as long as I am county attorney. Mackenzie Sutherland, like everyone else, will answer for any crime she commits.”
With that comment, Parker flashed a big smile and stepped away from the podium. She then turned her back to them and fled while the reporters continued to shout questions at her. The last question to go out live over the air was one from a female TV reporter asking about Mackenzie’s self-defense claim.
“That bitch!” Maddy snarled as she turned back toward Marc and Mackenzie. “Not a word about Mackenzie’s self-defense statement.”
The server arrived and placed their pizza on the table. When she left, all three of them silently stared at it for several seconds, no longer as hungry.
“Well, I’m still hungry,” Marc finally said as he slapped two slices on his plate. He did the same thing for Mackenzie.
“I’m not hungry,” Mackenzie quietly said.
“Don’t worry about this B.S.,” Marc said referring to the press conference.
“Oh, god, this is good!” Maddy said while chewing a bite.
Mackenzie smiled, picked up a slice and started in.
Just as Marc was about to join them, his phone rang. He looked at the ID, smiled, answered it and said, “What time do you want us, Gabriella?”
Marc and Mackenzie went on the Court Reporter with Gabriella Shriqui live the same afternoon as Shayla Parker’s press conference. Mackenzie was able to tell her story to at least somewhat offset the damage done by Parker’s appearance before the media.
On the drive back to St. Paul, Marc took a call from Heather Anderson.
“This isn’t my idea,” Anderson made clear up front. “Shayla told me to tell you any more TV appearances like you just did and we’ll go to court to get a gag order.”
Marc’s face became almost beet red which caused both Maddy and Mackenzie to sit up.
“You tell Her Majesty from me: fuck you!” he almost yelled. “It’s okay for her to hold a press conference but not okay for my client to exercise her first amendment right. Who the hell does she think she is? Tell her to go ahead and take her best shot.”
“I told her not to threaten you,” Heather politely said.
Marc more calmly said into th
e phone, “I’ll see you Friday morning.” He ended the call without waiting for a response.
For the next three days, Marc and Mackenzie did three more on camera interviews and a couple for radio talk shows. In addition, Marc returned every phone call from print journalists and politely answered all of their questions.
Marc did not hear another word from Shayla Parker and by Friday morning was wondering if that wasn’t her plan all along; to let Marc get the word out about the self-defense claim. That way if the grand jury did not indict, Parker’s ass would still be covered. Marc found himself wondering if the woman was really that clever and politically shrewd.
TWELVE
Marc and Mackenzie with Maddy trailing behind were led into the chambers of Chief Judge Douglas Feller. Already present was Heather Anderson.
Marc, having never met the judge, introduced himself, his client and his assistant, Madeline Rivers.
“Is it all right if Ms. Rivers sits in, your Honor?” Marc asked.
Feller, being a male with a pulse, looked over Maddy and with his best smile assured her she was welcome in his courtroom any time.
Maddy flashed the older gent a smile and took a seat on his couch. Marc and Mackenzie each took a chair in front of his desk, Marc next to Heather Anderson.
“Mr. Kadella, I assume you want a record made of this hearing?” Feller asked, referring to the stenographer.
“Yes, your Honor, thank you.”
The judge made a brief statement for the record what the case was about and the names of those present.
Addressing Marc, Feller began, “I have read your pleadings and you want me to issue an injunction enjoining the county attorney from preventing your client from testifying before the grand jury, is that correct, Mr. Kadella?”
“Yes, your Honor.”
“Do you have any case law on point that allows me to do this?”
“Well, no your Honor, but the Minnesota federal courts allow a defendant to testify and…”
“I know that,” Feller said. “What about it, Ms. Anderson? What’s your position?”
“We see no reason to allow the defendant to testify, your Honor,” Anderson said. “She is going to assert self-defense. As you know that is an affirmative defense, one she has to prove. It is simply more appropriate to bring it at trial than before the grand jury. All we are obligated to do before the grand jury is establish probable cause that a crime has been committed and the defendant did it.”
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 189