Page 72 of Shadow of Justice
“I know. But I did mean what I said. There’s a giant hole in this case. And it isn’t even about Dane Fischer. It’s that I can’t prove Jamie Simmons did anything other than pick over Ellie Luke’s bones. Which is disturbing enough. And criminal. I can make obstruction of justice, evidence tampering. But aggravated murder? I should have pushed back on the charging document. That was a mistake.”
“He did it. You know he did it.”
“Of course he did. I just … Sam, I’m sorry. I was pushed into this. Trying this case. It wasn’t ready. We needed more. We shouldn’t have charged as soon as we did. I should have pushed back. I just wish …”
“What?”
It felt disloyal for saying it. But I was ragged. I had no energy to filter my words. And right now, even though he sat there in full uniform, I didn’t need Sam the Sheriff. I just needed Sam.
“Kenya wouldn’t have allowed this,” I said. “She would have fought harder to hold off.”
“What good would that have done? The evidence you have is all the evidence we’re gonna get. We don’t have an eyewitness. It’s a miracle Hayden Simmons found that box when she did. If Simmons won’t take the stand, then there’s no logical explanation for him to have those things from Ellie’s body unless he’s the one who killed her. And frankly, if you’re pissed this thing moved forward when it did, you have to be pissed at me, too.”
“Sam …”
“It was my call to arrest Simmons. Gus works for me, remember? And I’d do it again exactly how it played out.”
There was truth in what he said. And yet Gus had rattled me enough I couldn’t fully hear it.
“Do you think he’s right?” I asked.
“About an acquittal? Who knows? Even if we had Simmons’s DNA at the scene, it wouldn’t be a guarantee they’d convict. Juries do what juries do. You know that.”
“No,” I said. “Do you think he’s right about me? Am I off my game?”
“No.”
“You can tell me. God. I wish Kenya were here. She’d give it to me straight.”
“So do I. And no. You’re doing the best you can. I’ve told you this before. There’s nobody I’d rather have at that table in there. But I do think you’re letting Cutler get under your skin more than you should. Gus was wrong in thinking you could have kept the Fischer stuff out. Even he knows that. But everyone seems to be forgetting common sense in this one. Jamie Simmons has a box with things he took from Ellie’s body. Her dead body. And the only person who could have known where she was is the guy who put her there. Don’t forget. She was lying there for seven months! Nobody had a clue where she was. Except Simmons.”
I heaved a sigh. “Yeah. But like you said. Juries do what juries do.”
“Who do you have left to call?”
I squeezed the bridge of my nose. “Deena Landon’s up first thing in the morning.”
“Simmons’s ex-girlfriend?”
“Yep. But Cutler’s going to object to her entire testimony. It’s going to be a crapshoot whether Saul will sustain it. If she does, I don’t have a lot of ammo left.”
“My money’s on you,” Sam said. “Vivian Saul has about had it with Cutler.”
“It won’t matter.”
“Come on,” he said. “Will’s waiting for you. Do what you promised him. Ice cream for dinner sounds like a damn good idea. I’d invite myself along if I didn’t have to get back to the office.”
He rose and came around the desk. He kissed me. I touched his cheek. He made me feel better, like a true partner should. It had been so long since I’d had that. I realized then maybe I never had. So much of my life with Jason had been focused on serving his ambitions. The moment I thought it, I forced Jason out of my mind. He didn’t deserve space there. Not at this moment.
“Call me later tonight,” Sam whispered.
“Okay. Thank you.”
Sam grabbed my coat and held it out for me as I slipped my arms into it. I leaned back against his chest. His tall, solid strength fueled me. I could see Will was still at Caro’s desk. She was laughing at something my son said. A small smile crept across his face as it gave him pleasure to make her happy.
For the rest of the evening, I would fight to keep the Ellie Luke case out of my mind. It would work for a while. Until I laid my head down on the pillow and knew my first witness tomorrow would be a Hail Mary.
24
