Page 75 of Shadow of Justice
“You didn’t object to her being called,” Judge Saul said.
“I couldn’t predict what she’d say,” Cutler said. “Now that I have, now that Ms. Brent has made clear where she’s going with this, it falls squarely within the prohibitions of Rule 404(B).”
“Ms. Brent,” Judge Saul said. “I’m afraid I agree. To me this is a classic application of the prior bad acts rule. I will sustain Mr. Cutler’s objection. The witness is not permitted to testify about any prior domestic abuse committed by the defendant.”
Cutler sank my battleship. Straight up. It wasn’t unexpected. It didn’t make it less of a blow. I knew I was taking a risk putting Deena on the stand.
“And I’d also ask that her testimony up to this point be stricken,” Cutler said.
“I’m not going to go that far,” Judge Saul said. “Ms. Brent, does this witness have anything to say about the events of this case directly?”
Deena’s eyes welled with tears. “He’s going to get away with it? You’re going to let him get away with it?”
“That’s not what this is about,” Judge Saul told her.
“No, Your Honor,” I said. “Ms. Landon’s testimony is centered on her relationship with Mr. Simmons.”
“All right,” Judge Saul said. “Will you continue?”
“No,” I said.
“You are, of course permitted to cross-examine this witness based on her testimony thus far,” she said to Cutler. He smirked.
“No, Your Honor,” Cutler said. “I’m fine with the witness being dismissed.”
I could just bet he was. The jury would file back in and see Deena Landon abruptly removed from the witness box.
“Fine,” she said. “Here’s what we’re going to do. We’re going to take a one-hour recess. Ms. Brent, will that be enough time for you to gather your next witness?”
“Yes,” I said.
“So ordered.” Judge Saul banged her gavel again. Deena rose from the witness box. I’d have just enough time to walk her out and see that she and Doug were safely escorted from the building.
She followed me out into the hallway.
“I don’t understand,” she said. “Why won’t she let me talk? They have to know who Jamie is.”
“I know,” I said. “I’m sorry. This was a risk we took putting you on the stand.”
“They have to know what I was going to say,” she said.
“I hope so,” I said, though the jury would be instructed not to make any inferences from her testimony so far.
Doug Landon reappeared. He put a protective arm around his wife.
“Should we leave?” Deena said. “Are you going to call Doug? He can tell them what happened. The things Jamie said to him. His threats.”
“We’ll run into the same problem,” I said.
“Ms. Brent?” A gravelly voice came from my left. Startled, I turned to see George Luke. His eyes darted from me to Deena Landon.
“You knew him,” he said to Deena. “You knew my son-in-law?”
“Deena,” I said. “This is George Luke. Ellie Luke was his daughter. Mr. Luke, if you would …”
“I want to hear what she has to say,” George said. I looked over my shoulder. The courtroom doors remained shut. Cutler and Jamie Simmons were inside, out of earshot for now.
“Is there someplace we can talk?” George asked. The courtroom doors opened. My heart skipped. But it was just Gus. His eyes narrowed when he saw George standing next to Deena and Doug.
