“I feel sorry for you.”
“Life isn’t fair, little girl. Was it fair that he was so obsessed with you that he couldn’t see what was right under his nose? I wasn’t asking for much. I could be discreet.”
She wanted him for herself, Nina thought. That’s why she got pissed and wouldn’t help me. Pathetic bitch!
“Theresa hated you, too,” Constance continued without pausing. “You were screwing her husband. They divorced because of you.”
Nina wanted to cry at the sheer cruelty of the woman. She would have to tell McCloud that their key witness was planning to lie under oath. It would present a problem in that Constance was their key witness and Nina had no business communicating with her, but she would let McCloud earn his salary and figure out how to spin that to their advantage.
“You have to make this right. You’ve been a coward for far too long.”
When Nina got downstairs, Marc had dinner ready. Her mother was in the family room, watching the evening news.
“We almost sent out a search party. What took you so long?”
“It was awful. She actually hates me.”
“Who hates you?” her mother yelled from the family room.
Nina relayed a censored version of her conversation with Constance.
This upset her mother, who soon excused herself and said she was going to bed. Nina had learned that was her mother’s code phrase for “I’ll sit in my room and wallow in guilt and regret.”
CHAPTER THIRTY
The telephone rang at three a.m. A drowsy Nina answered it.
“I have bad news.”
She didn’t need a psychic to tell her that. It was three in the morning.
“What is it?” she asked Dan McCloud.
“It’s Constance Buckwell. She’s dead, Nina.”
Nina turned on the lamp on the nightstand and rubbed the sleep from her eyes.
“How could she be dead? I just spoke to her last night. She emphatically told me she was going to lie on the witness stand.”
“It’s a tough break, for her and for us.” Dan McCloud couldn’t hide his disappointment. Even at this ungodly hour, he was thinking like a lawyer.
“How did she die?” Nina asked.
“Heart attack. She was on her way home and collapsed on the bus. She made it to the hospital alive but died shortly afterwards.”
“This isn’t a good time to bring this up, but we just suffered a major setback and we need to rethink our strategy,” McCloud said. “This case is going to come down to your testimony. I’m still optimistic about our chances, but you have to be the most compelling witness in this case. Your recollection of details is what’s going to persuade a jury to vote for a conviction. Can you meet me at seven?”
Nina shook Marc awake. “We have big trouble.”
“What?” he asked without moving.
“Constance is gone. No more star witness.”
Marc popped up like a Jack-in-the-Box. “Where did she go?”
To hell is my best guess.
“She bought the farm.”
“She ran away to buy a farm?”
“She’s dead, Marc.”
“Are you sure?”
Nina got out of bed and put on the main bedroom light. “Are you with me now? She had a heart attack.”
“That’s lousy news. Do you want to talk about it?”
“No.”
“It’s okay if you feel sad. You lived in the same house with her. I’m sure you have a lot of memories.”
Nina had many memories, most of them confusing. One of the bright spots in her relationship with Constance came junior year in high school. Constance convinced her father to allow Nina to attend a two-week leadership camp. Only a handful of students were chosen from each school district, and Nina made the final cut. Her father had Nina on punishment for some stupid thing or another and said she couldn’t go, no matter how Nina pleaded the benefits to her academic record. In the end, Constance won and Nina was allowed to attend. It changed Nina’s life. Next to her grades, that camp was one of the most significant elements of her college application; it helped her get academic scholarships to top Ivy League schools. Nina would always be grateful to Constance for sticking up for her that one time.
“Dan wants us to meet with him at seven. Her loss will change our strategy for the trial.”
* * *
NINA WOKE UP WITH A massive headache. The mood at the breakfast table was somber.
“How did she die?” her mother asked.
Marc relayed what little information they had to Daphne.
“Where does that leave us?” her mother asked. “She was supposed to be the centerpiece of the prosecution’s case.”
“We’re meeting with the DA soon.”
Nina started giggling without warning.
“What’s so funny?” her husband asked.
“Her truth would have sent him to prison, her lies could have gotten him off.”
Nina recalled her last conversation with Constance. Until the very end, she was loyal to her feelings for her former employer and was willing to perjure herself to protect him. It occurred to Nina that Constance was a disturbed woman whose sense of right and wrong was deeply flawed. It had to be. There was no way a normal person could allow abuse to continue because she was angry that the perpetrator was paying attention to the victim instead of her. Nina had read books on incest where in some cases, the mother of the victim would allow the abuse to happen and often participated in it. The experts said it was because such women were angry with their daughters and in most cases, wanted to preserve their financial security by keeping the father in the home. The only difference was that Constance wasn’t her mother, but she was as much to blame as Phillip because she deliberately chose to remain quiet.
She survived her father and Constance. And if it’s the last thing I do, Nina told herself, I’ll survive this trial, too.
* * *
WHEN MELINDA BOSCH GAVE HIM the news of Constance’s death, Phillip knew he was supposed to feel sorry but he didn’t. She was the one loose end that could potentially send him to prison, no matter how much she claimed to be on his side. She could be easily duped and he didn’t trust her not to crumble under the pressure of a criminal investigation. Some overzealous detective could get her to say what he wanted, and she wasn’t smart enough to see through a tactic like that. If the prosecution’s case rested on her testimony and she was no more, they had no case. They may as well dismiss all the charges against him. Another bright spot was that his loyal Cassie was in the courtroom this morning and would testify on his behalf.
When Team Nina arrived in the courtroom, the defense was already present. She looked in her father’s direction and was rewarded with a smirk. Cassie, who was also present, ignored her. Nina welcomed a friendly face in the form of Charlene.
“How are you holding up?” her best friend inquired.
“I’m still in shock,” Nina said.
“You’re almost at the finish line.”
“Someone keeps moving it. Are you ready for your smack down, Bosch-style?”
“I could take her, the way they do in the hood.”
“Charlene, you grew up in Westwood,” Nina admonished.
“That doesn’t mean I don’t know how they roll in the hood. Don’t worry. I got your back.”
The judge called the court to order.
“It’s been brought to my attention that the prosecution’s key witness has passed on. However, the State has decided to move forward with the case as scheduled. Your next witness, Mr. McCloud.”
Charlene was sworn in.
“How long have you known the defendant, Ms. Hamilton?”
“Twenty-two years. He’s the father of my best friend.”
“Tell us about your relationship with the defendant’s daughter.”
“We met freshman year of high school and have been best friends ever since.”
“In all the years you’ve been best friend
s, have you known Mrs. Kasai to be a liar?”
“No. We’re brutally honest with each other, even when it hurts.”
“Yet she never told you about her father?”
It was a brilliant strategy Nina acknowledged. Knock out the defense’s argument before they had a chance to make it, thereby limiting any advantage they could derive from Charlene’s testimony.
“I don’t think she had any intention of telling anyone, including both me and her husband.”
“Why not?”
“She told me it made her sick to her stomach and she was afraid people would judge her. She couldn’t take it if we did, too.”
“But you were her best friend,” McCloud insisted.
“It didn’t matter. She kept it private because she thought no one would understand.”
“Why did she finally tell you?”
“She found out I was sleeping with him. She couldn’t handle it so she ended our friendship. She told me later why she had been so angry with me—it was because he molested her.”
“Please tell the court what Mrs. Kasai told you, in as much detail as possible.”
“We were at my salon on Newbury Street. She explained that he got violent with her. She showed me a couple of fading scars, where he hit her. She then told me about the abuse. She said she had to be perfect at all times, as a way to get him to stop hurting her.”
A couple of jurors were clearly uncomfortable with what they just heard and began fidgeting. Phillip, still defiant, looked straight at them.
“Ms. Hamilton, what happened when you and Mrs. Kasai were in the 10th grade?”
Charlene started chewing her fingernails.
“Answer the question,” the judge ordered her.
“We were walking to school one day, chatting like we normally did. All of a sudden, she stopped talking. I looked over to find out why she stopped talking and she was standing in the middle of oncoming traffic.”
“Then what happened?”
“I screamed out her name but she wouldn’t move, like she was in a trance. There was a car coming at her full speed and the driver saw her almost too late. He braked hard and missed her by this much,” Charlene said, holding up her thumb and index finger an inch apart.
“What else?”
“The driver was pissed. He got out of the car and started yelling at both of us.”
“What did Nina say about this almost tragic event?”
“She said she just wanted it to stop.”
“She wanted what to stop?”
“She wouldn’t tell me. She said she wished the car had hit her, at least that way she’d be dead and wouldn’t have to deal with it anymore.”
“Was that normal behavior for Nina?”
“No. Nina doesn’t do crazy.”
“Did you call her parents?”
“She told me not to bother calling her father, it would just make things worse.”
“Didn’t you think that was odd?”
“I did.”
“Why?”
“Her family was the black Brady Bunch, just with less kids. I thought they would want to know if she was in danger.”
“So you never told her father about the incident?”
“No. Nina swore she would never do anything like that again. She made me promise to never speak of it. We never have… until now.”
“Is there anything else you recall during your teenage years that may have stood out, anything Nina might have said?”
“Nina seemed tense whenever she was around her father. He always wanted to know where she was, what time she was coming home. He would call my house to verify she was there.”
“What did you make of that?”
“I thought he was a bit controlling but I understood… at least, I thought I understood at the time.”
“Can you explain what you mean by that statement?”
“Nina and I grew up in strict Caribbean households where you obeyed your parents. You never questioned them and they kept a tight rein over your life. I just thought Dr. Copeland was that way.”
“Do you believe Nina was afraid of her father?”
“Objection,” Bosch yelled.
“Withdrawn.”
McCloud moved on to a different line of questioning after he took a sip of water.
“What can you tell the court about the role the defendant played in his daughter’s wedding, if any?”
“What do you mean?”
“Well, was he the doting father of the bride? Did he give her away on her wedding day?”
“She didn’t want him to know she was getting married. She said he didn’t deserve the honor of walking her down the aisle, and she didn’t want it mentioned again.”
The DA thanked Charlene for her testimony and returned to his seat.
Bosch made a spectacle of sipping a glass of water, glancing at her notepad and clearing her throat before she approached Charlene.
“You testified that you and Mrs. Kasai are best friends, but she never mentioned this alleged abuse. That leads me to conclude either your friendship is not as close as you would have us believe, or,” she paused for dramatic effect, “Mrs. Kasai is lying and this whole trial is a farce.”
“Objection, Your Honor,” a clearly annoyed McCloud shouted. “Ms. Hamilton is not on trial and defense counsel is out of line to call the plaintiff a liar before all the evidence is in.”
“Ms. Bosch, stick to the facts, please,” the judge admonished. “The jury may disregard the last statement. I will not tolerate grandstanding from either one of you.”
Defense counsel apologized to the court, but her demeanor revealed a woman who wasn’t in the least bit sorry.
“Ms. Hamilton, how well do you know my client?”
“Not very well.”
“Really?” Bosch walked to the defense table and picked up a document.
“I’d like to enter this photograph as Exhibit A, Your Honor.”
After the judge nodded his agreement, Bosch waved the photograph in front of Charlene. “Could you tell the court who the people are in this photo?”
The DA had gone over testimony regarding this particular piece of evidence with Charlene but she stalled anyway. Nina guessed she was embarrassed that her dalliance with her best friend’s father was now out for all to see. Knowing Charlene, she didn’t care what they thought. She was more worried about Nina.
Bosch was getting impatient and practically barked at Charlene to answer her question.
“It’s a picture of me and Dr. Copeland.”
“Where was it taken?”
“On vacation in St. Barts.”
McCloud voiced his displeasure at the line of questioning. “I fail to see how this photo has any bearing on this trial. This is a criminal proceeding, not some tabloid TV show Your Honor.”
Bosch eagerly responded. “This speaks directly to the credibility of this witness. She portrayed my client in a very damaging light, yet here she is, looking quite happy to be in his company on a luxury vacation.”
Unfortunately for the prosecution, the judge allowed Bosch to continue her tirade against Charlene. Everything went downhill from there. Charlene was forced to admit that she deliberately kept Nina in the dark about the affair until Merriman found proof of her duplicity. Bosch trapped Charlene into admitting that an honest person would not consistently lie to her best friend. The defense all but discredited Charlene. But it wasn’t enough for Bosch.
“Ms. Hamilton, did your best friend alert you to the fact that her husband never knew my client was her dad?”
“Yes.”
“And you agreed to help her deceive her husband?”
“It wasn’t like that.”
“What was it like? We’d love to know.”
Charlene stuck her chin out. Nina recognized the defiant glint in her eyes that said, look bitch, you don’t scare me.
“Nina was always unhappy around her father and that went on for years. It wasn’t hard to see she was bett
er off without him in her life. If she had told me all those years ago what he did, his sorry ass would have been in jail because I would have gone to the cops myself.”
The courtroom exploded in noisy chatter. The judge called for order and Bosch asked to have Charlene declared a hostile witness, which the judge refused to do.
“You testified that my client was controlling and overbearing. But isn’t it fair to say that my client was doing what any caring parent would do, protecting his child from bad influences such as yourself?”
“I don’t know what you mean.”
“Have you ever tried marijuana, Ms. Hamilton?”
“A few times.”
The prosecution objected.
“Your Honor, this line of questioning goes toward establishing the witness’ history of questionable choices and the plaintiff’s pattern of deceit.”
“I’ll allow this to go on but briefly. If you fail to prove relevance, you’ll have to move on.”
“Ever smoke in front of Mrs. Kasai?
“Once or twice.”
“Did she ever try it?”
“Never.”
“Tell the truth, Ms. Hamilton.”
“She hated the way it smelled and it gave her a headache.”
“So you and Nina Kasai have been keeping each other’s secrets for years. My client knew you were a bad influence on his daughter and tried to shield her from you, is that right, Ms. Hamilton?”
“Nope.”
The defense knew it was time to quit.
It was the prosecution’s turn to clean up the debris from the bomb of Charlene’s testimony. Dan McCloud would need a herculean effort on redirect to salvage her testimony.
“Of all the men in the world you could have dated, why were you having an affair with your best friend’s father?”
“It didn’t start out that way. He helped me a lot when I was going through some things. I didn’t think anything of it because he was Nina’s dad. He had known me since I was fourteen.”
“What kind of help did he offer?”
“Advice about my future. Encouragement to pursue my career goals and later, he helped me set up my own business.”
Conspiracy of Silence Page 19