Page 30 of The Best Lawyer
Her shoulders sagged with relief, but she cried even harder.
“Tori?” I said. “Is something else going on? I mean, sleep deprivation alone can …”
“No.” She sniffed. “It isn’t that. Well, of course it’s that. But … oh, Cass. I’m pregnant again.”
I stopped rocking Henry for a second. “What? How? I mean … what?”
“I know,” she said. She reached over, grabbed a tissue, and blew her nose. The strangled goose sound startled Henry. His arms and legs went rigid, but he soon settled and fell back into a snoring slumber.
“He doesn’t do that for me,” Tori said. “Settle so easily like that. It’s because you’re relaxed. He can sense my tension.”
“How far along?”
She shook her head. “Six weeks. I just found out on Friday. I swear, I haven’t even had a period yet after Henry. But the doctor says it’s more common than people think. That nursing isn’t a foolproof method of birth control. That I’m just extra fertile, I guess. I haven’t even told Matty. I don’t know how I’m going to do this without losing my mind even more. I’m going to have three kids under four. The two I have are practically killing me as it is.”
“I know you don’t want to hear this. But I can’t help it. I’m happy for you. Matt will be too. Trust me. And we’ll figure out a way to get you help. I promise.”
Tori gave me a brave smile.
“Go,” I said. “Eat. Talk to adults for a while.”
As soon as I said it, Vangie and Joe’s shouting reached our ears.
“Adults?” Tori said, raising a brow. “You want to rethink that?”
God help us all, I thought. But Tori took my advice and headed out into the line of fire.
I kissed Henry again, then wrinkled my nose. For as little as he was, the kid sure did smell bad. I went to the window and watched my weird family. Joe and Vangie were still at it. Jeff was staring at Vangie with lovesick eyes. Matt reached a compromise with Sean. The boy kept his life jacket on, but stood bare-butted and peed straight into the lake.
“Run, Henry,” I whispered. “You have no idea what you’re getting into.”
Chapter 12
“Your Honor.I honestly can’t think of a legal issue with more well-settled law than this one.” Addison Quick wore a flashy suit and a politician’s smile. Everyone knew he viewed his newly elected position as prosecutor as a power move for his greater ambitions. That said, I’d so far found him to be forthright and competent in our dealings. But he had big shoes to fill having replaced my long-time friend and foil, Rafe Johnson.
“Both the Michigan and United States Supreme Court have repeatedly ruled that an accused’s request for an attorney must be unequivocal. It cannot be vague. It cannot be left open to interpretation by law enforcement. Kathlyn Loomis simply did not ask for a lawyer. She voluntarily submitted to both questioning and the drawing of her blood at the hospital. As such, her statements to Detective DePaul and her toxicology report are admissible evidence.”
Judge Castor looked tired. He’d just celebrated his thirtieth year on the bench. In two more, he’d be age-limited. I couldn’t evenimagine the day when his booming voice wouldn’t echo through these halls.
“Your Honor,” I said. “When my client was asked whether she wanted to call an attorney, she stated she wanted to talk to her sister-in-law. She didn’t just casually make that statement. It was in direct response to a specific question. Detective DePaul has worked for the Woodbridge County Sheriff’s for two decades. She has or had a professional relationship with former Detective Eric Wray, my own long-time partner. For heaven’s sake. She’s known my entire family for her whole life. For her to claim she didn’t know I was a defense attorney is just not reasonable.”
Castor scowled. He put up a hand as Quick revved up to launch another rebuttal. I felt like we’d each made the same arguments at least twice. Clearly, Castor shared my frustration.
“Your Honor,” Quick pressed on. “Detective DePaul just testified that she didn’t make the connection as to who Mrs. Loomis was talking about. And the fact is, at the time the accused made her statement, Cass Leary wasn’t her sister-in-law in any event. It is not reasonable or required for Detective DePaul to have assumed the accused’s vague statement, which I might add didn’t even rise to the level of a request as much as it was her thinking out loud at best or rambling, There was no clear invocation of her right to counsel. And I really don’t think the court would want to set that kind of precedent.”
Castor raised a brow. Quick wasn’t doing himself any favors trying to put words or intentions into Felix Castor’s head.
“Respectfully, Your Honor,” Quick added.
“I think we have to be very careful here,” Judge Castor said. “I am persuaded by the defense counsel’s argument that herresponse to Detective DePaul’s direct question matters. Mrs. Loomis didn’t just ramble, as you’d like to characterize it. Detective DePaul’s report as well as her account today are consistent. When she asked the accused if she’d like a lawyer present, Mrs. Loomis said that she’d like to talk to her sister-in-law. She wasn’t given the opportunity to make a call until well after she’d made several statements to the police. Detective DePaul didn’t bother to ask for clarification on her request to speak to her sister-in-law. Though I am unpersuaded by Ms. Leary’s argument that Detective DePaul’s actions were willful ignorance. When informed of her right to counsel, Mrs. Loomis said she wanted to speak with her sister-in-law. It wasn’t a random utterance unrelated to her rights. Therefore, I’m granting the defendant’s motion to suppress. Her statement isn’t coming in.”
Quick turned red. Katy went ghostly white.
“Now,” Castor said. “What do you want me to do about the toxicology report, Ms. Leary?”
I leaned over and whispered to Katy, “Trust me.”
Though we’d discussed the matter at length, getting consent had been like pulling blood from a stone, so to speak.
