“No, not a word. The first time I saw him was today. I was hoping he was over it.”
“Okay, let’s go back in,” Marc said.
The remainder of the morning most of the attention was taken up by the St. Paul police computer technician. Her name was Bernie, short for Bernadette, Olson. A medium-height, slender brunette with her hair in a single braid down to the middle of her back, Bernie wore round, gold, wire-rimmed glasses and the only dress she owned.
Including the lunch break, Bernie took almost four hours to testify about the search of William Sutherland’s personal computer. Apparently, whoever used William’s computer to do the heart-attack-inducing drug search was a bit of geek who knew something about hiding searches and covering their tracks.
At times her testimony was somewhat interesting and at others painfully boring. Bernie did a professional job of explaining what she found and how she found the searches. Bernie had discovered twelve general searches for heart attack drugs and three specifically for the drug that was found in William Sutherland’s body.
“Please tell the jury the date ranges of the searches you found. When was the first one and when was the last?”
“The first was December 14th and they went through until the last one was done on January 3rd, less than three months before William Sutherland died.”
Bernie had also conducted a thorough internet search of Mackenzie Sutherland a/k/a Mackenzie Lange, Frances Lange and Frances Cartwright. What she found was a resumé done online by Mackenzie Lange over twenty years ago. Listed on the resumé were all the computer courses in which she claimed to have expertise. There were also two places of employment on it as references.
Max Coolidge and Anna Finney had searched for both of these companies. One had gone out of business but the second one was still active. It was a small tech support company located in Bloomington.
Fortunately for the prosecution, the owner, a now bald man in his late fifties, was extremely anal. The man never threw anything out. He was able to locate Mackenzie’s personnel file in two minutes. Included in the file was the resumé Mackenzie had submitted as Mackenzie Lange. The only difference between it and the one Bernie had found was the company from whom they had been given the resumé, Stockton Tech Services, was not listed. Of course, it would not be since she had not worked there before submitting her resumé to them.
The owner, Kurt Stockton, even remembered her. She was in her mid-twenties and although attractive and pleasant enough, she was a bit quiet and kept to herself.
Max and Anna left with a copy of the resumé Stockton had in her file. They also served a subpoena on him in case he was needed to verify the resumé.
Mackenzie admitted to Marc that both resumés were hers but also said they were quite exaggerated. Since the document could be easily verified and Maddy had interviewed Kurt Stockton, Marc allowed it into evidence without an objection.
“In your opinion, Ms. Olson, would someone with that expertise be able to hide the searches for the drugs done on William Sutherland’s computer the way you described it?”
“Sure, no problem. In fact, that is exactly what it would take.”
With that Danica Kyle, who had conducted the direct exam, turned the witness over to Marc.
“Ms. Olson, would most individuals with a degree in computer science have the expertise to hide the searches the way you described it?” Marc asked. He knew the answer beforehand having gone over this with an expert of his own already. She was on Marc’s witness list and would testify if needed.
“Well, um, I guess, probably. Maybe,” she said. “I would have to know more specifics.”
Marc received permission to approach, went to the witness stand and handed her a one-page document.
“Ms. Olson, I have handed you a copy of a resumé with the name redacted. This document is marked for identification as Defense Exhibit D. On this document are listed the areas this person claims to have computer expertise. Please take a minute to read those.”
“Okay,” Bernie said when she finished reading what Marc requested.
“Would this person have the requisite expertise to do the searches on William Sutherland’s computer and hide them the way you described?”
“Oh, yes, for sure,” she said.
Marc retrieved the document but stayed in front of the witness stand.
“Ms. Olson, isn’t it true that you cannot say with any certainty who conducted the searches on William’s personal computer?”
“Specifically, no,” she admitted.
“When you were in your twenties and barely out of college, was it possible you might have exaggerated things on a resumé a bit to help you land a job?” This question broke the cardinal rule of never asking a question if you don’t know the answer. Marc knew if she answered no, it would sound ridiculous since everyone does this at least a little bit.
“I suppose, sure,” she admitted.
“One last question. If someone had these computer skills, the ones on Mrs. Sutherland’s resumé from twenty years ago, but had not used those skills, that knowledge, for almost twenty years, isn’t it true those skills would have faded over the years?” Another question that Marc could not know how she would answer except the answer was quite obvious.
“Yes, I suppose that would be true.”
“I have no more questions,” Marc said.
Danica Kyle declined to redirect and Carr adjourned until the next day, Friday, at 9:00 A.M.
FORTY-FIVE
Friday started more than an hour late because Carr was in chambers again with the lawyers listening to an argument on Mackenzie’s case. Marc had correctly guessed that the state’s case was about to wrap up. Heather was going to spend the last couple of days, today and probably Monday, with the Sutherland children and Paige Sutherland testifying about what a tragedy his death had been, how much it hurt them to lose his love and guidance as a father and a man they all considered to be a great friend. None of this would add anything to the question of guilt but Carr had previously ruled he would allow it. Marc was trying to have it excluded.
Marc assumed Monday would be the day to wrap up with Cooper Thomas convincing the jury Mackenzie not only knew about the new Will but it was her idea.
Carr’s court reporter was present making a record of the arguments. Also present was the defendant, Mackenzie Sutherland. There were four chairs in front of Carr’s desk. The two prosecutors were to Marc’s right and Mackenzie was to his left.
The more Heather Anderson painted the picture of the All-American family being devastated by the loss of its wise, loving patriarch, the more annoyed Mackenzie became. Eventually, she forgot about the court reporter and even though Marc had warned her, she reached her boiling point.
“This is such bullshit! Bill Sutherland was a…”
“Your Honor!” Heather almost yelled.
“…narcissistic drunk and whore-chaser who hated his kids and they hated him!”
“Mackenzie, stop!” Marc loudly said as he grabbed her arm to pull her back into her seat.
Judge Carr, who had known Bill Sutherland and knew that what Mackenzie said was true, almost started laughing. Instead, he sternly told Marc to control his client and ordered Mackenzie’s outburst stricken from the record.
“If you want to make these allegations, you take the stand in court and subject yourself to cross-examination,” he said to Mackenzie.
He looked at Marc and continued. “Unless you have something else, do you?”
“No, your Honor.”
“Okay then. My ruling stands. I’ll be out in a few minutes.”
The first one called was the daughter, Hailey Sutherland. Danica Kyle conducted the exam. Danica had spent almost four hours with Hailey preparing her testimony. There was nothing significant about it, nothing Hailey should have had difficulty with. Despite this, Danica would be happy when it was over.
Mackenzie almost laughed at the site of Hailey when she entered the courtroom. Gone were the pu
rple and green highlights in her normally blonde hair. She had put on ten to fifteen pounds on her otherwise gaunt frame and looked healthier than Mackenzie had ever seen her. To top it off she was stylishly dressed for a woman her age having discarded the grunge band T-shirt, tattered jeans, boots and two pounds of metal spiked into various places.
At thirty-four-years-old, a month shy of thirty-five, Hailey Sutherland had the maturity of an average twelve-year-old. Mentally, and she had been tested a couple of times, she was well within the normal range of intelligence in spite of her alcohol and drug abuse. It wasn’t that Hailey was a falling down drunk or useless junkie. The problem was her emotional maturity was still in high school, right where Daddy had allowed her to keep it, dependent on him. Hailey Sutherland was a spoiled Daddy’s Girl. And up until his death, Daddy bailed her out of every jam she got into.
To William’s credit, he had paid for several trips to rehab, a couple of years of college, gave her several soft managerial positions with Sutherland’s and tried to straighten her out. There were even three or four almost abusive rants that he put her through which included threats to cut her off. One of these had taken place at the family Christmas dinner, the last one of his life before he died barely four months later. Hailey had withheld this information from the prosecution, but Mackenzie had told Marc every detail of it. Maddy had located and subpoenaed that month’s idiot, loser boyfriend of Hailey who had also witnessed it.
In less than an hour, Danica had walked Hailey through her life as a daughter of the Sutherland’s. If one did not know better, you would believe it was the most normal, All-American upbringing anyone could hope for.
There were admissions of drug and alcohol abuse. Danica knew better than to leave that to Marc to present. But it was so smoothed over and polished her story came across as mere blips on the road of life. And her dearly beloved Father was always there with a firm hand to help her through. She even sobbed when she testified about William’s death and how much she would miss him.
Danica winced a bit at this, knowing it could come across as contrived. Because of that, Danica wrapped up her exam and gave the witness to Marc.
“It’s your testimony that you had a very close relationship with your father?” Marc asked Hailey.
“Yes, I did.”
“You were basically, and I mean this in the nicest way, Daddy’s girl?”
“I suppose you could say that and I’m not ashamed of it.”
“How many times did he pay for drug rehab for you?”
This question caused a minor stir.
“Um, ah,” Hailey stammered, “Three, no, four, four times.”
“The last time being almost two years ago, is that correct?”
“Objection, relevance,” Danica said.
“Goes to her credibility, your Honor.”
“Overruled.”
“That sounds about right.”
“Let me remind you, you’re under oath. Are you still using drugs?”
“I’m trying to stay clean…”
“Is that a yes?” Marc asked.
Hailey lowered her head and admitted it was.
“Have you taken any drugs to make you high this morning?”
“Objection…”
“Overruled. The witness will answer.”
“No, of course not,” she said almost indignantly.
Marc shifted gears and went over other aspects of her life. He took his time and asked her about her education, her employment which amounted to twenty-three months total for the grocery chain. He made her admit that her father was paying her way through life.
“Isn’t it true that William complained constantly about your freeloading ways, your drug addiction and an unwillingness to provide for yourself?”
“No,” Hailey angrily blurted out.
“Really? This self-made man who, from nothing, worked day and night for years to build a successful business and he never once complained that you could not be bothered to so much as get a job, never once complained about it?”
Hailey sat silently while Marc simply stared at her for several seconds.
“Isn’t it true your entire employment history amounts to being hired eight different times for a total of twenty-three months? Would you say that’s accurate?”
“No, it must be more than that.”
“Ms. Sutherland, I have a copy of your employment history with Sutherland’s grocery stores in my hand,” Marc said holding up a two-page document. “Would you like to change your answer?”
“Yes, that’s probably accurate,” she conceded.
“Eight different times your father gave you a job, you would work for a few months then quit. Is that an accurate description? Or were you fired?”
“I was never fired.”
“Isn’t it true your father not only disapproved of this but was furious about it and the two of you argued constantly about this?”
“I wouldn’t say we argued constantly about it.”
“But it was a source of serious friction between you, wasn’t it?”
“I suppose so, yes.”
“Your father died March 24th of last year. The Christmas before that, while at your father’s home for Christmas dinner on Christmas Eve, the two of you had a huge argument about your lifestyle and he threatened to cut off the money if you didn’t go back to rehab, clean yourself up and get a job and work.”
“I wouldn’t say we had a huge…”
“I have witnesses I can call, Ms. Sutherland,” Marc interjected.
Hailey stopped, looked nervously around then admitted it happened.
“Isn’t it true you did not go to rehab, did not clean yourself up or get a job?”
“He threatened to do this several times. I didn’t think he would do it.”
Hailey’s answer was technically nonresponsive and Marc could have requested Judge Carr order her to answer yes or no. Except, the answer she gave was far better than that.
“Isn’t it true that this perfect Daddy’s girl relationship you tried to get the jury to believe is total nonsense?”
“Objection, argumentative,” Danica Kyle stood up and said knowing the damage was done.
“Sustained,” Carr ruled.
“Isn’t it true that after your father died you received a total, from his estate and the stock you owned in the business, of one-hundred thirty-thousand dollars?”
“Yes,” she said. Then, unable to contain herself, blurted out, “Because of that bitch!” and pointed at Mackenzie.
“Your Honor,” Marc started to object.
“The jury will disregard that last part of the witness’s answer,” Carr said to the jury. He looked at Hailey and sternly said. “No more of that.”
“Isn’t it true you blame your stepmother, Mackenzie, for this?”
“She is to blame.”
“Isn’t it also true that you’re about to be evicted from your twenty-seven-hundred dollar a month apartment because the money is gone?”
“Objection, irrelevant,” Danica said.
“Overruled,” Carr said. “Answer the question.”
“Yes,” she admitted.
“I have no further questions.”
Paige Sutherland was up next. Danica Kyle also conducted her direct-exam and through no fault of Danica’s, it was a disaster. Despite the time and preparation both Danica and Heather spent with Paige preparing her, Paige could not help herself. She came across as angry, bitter and spiteful. So much so that Danica had a difficult time keeping her on track. At least four times she insisted on making the point that she missed her father-in-law and her poor, dead husband and left no doubt whom she blamed.
By the time she finished an almost exhausted Danica Kyle happily turned her over to Marc. Marc was almost salivating because, apparently, Paige, like Hailey, had not been completely candid with the prosecution.
“Isn’t it true you were having an affair with your husband’s lawyer…”
“Objection, relevance,”
Danica almost yelled as both she and Heather jumped to their feet.
“May we approach?” Marc asked. He knew they would react like this and he was ready for it.
Carr waved them forward and hit the white noise button so they would not be overheard.
“Your Honor, they opened the door,” Marc said. “All of this ‘I’m so lonely and I miss my father-in-law and my husband is so much blather.’” Marc looked at Heather and said, “Be thankful I won’t ask if she was screwing the old man, too.”
“He’s right. You opened the door,” Carr said to the two women. He looked at Marc and said, “You better have proof of this.”
“We do, your Honor. It’s all been presented to the Office of Professional Responsibility and the lawyer, Simon Kane, is in quite a jam with them over it. Hey,” Marc continued speaking to Heather, “it’s not my fault she didn’t tell you or you didn’t find out.”
Carr waved them back to their tables, overruled the objection and told Marc to continue.
“Isn’t it true Mrs. Sutherland, you were involved in an illicit sexual affair with your husband’s lawyer, Simon Kane, that began two years before your husband died?”
Paige sat silently staring daggers into Marc. If she had a gun Marc believed she would have used it.
“You son-of-a-bitch,” she spat out at him.
“Is that a yes or no?” Marc calmly asked.
“Yes or no, Mrs. Sutherland,” Carr said masking his amusement at the exchange.
“Yes,” she curtly answered.
“Isn’t it true this affair continued after your husband, whom you testified you miss terribly, died?”
“Yes,” she snarled.
“Is it still going on?”
“No.”
“Maybe you weren’t quite as lonely as you claimed.”
“Objection, argumentative,” Danica said.
“Sustained. Move along, Mr. Kadella.”
Marc paused for a moment to let the jury continue to see the venomous look in Paige’s eyes. He decided he had done enough damage to her and ended his cross-examination.
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 213