Immoral (29 page)

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Authors: Brian Freeman

Tags: #Police Procedural, #Nevada, #Police, #Missing children, #Mystery & Detective, #Minnesota, #General, #Duluth (Minn.), #Mystery fiction, #Thrillers, #Police - Minnesota, #Fiction, #Las Vegas (Nev.)

BOOK: Immoral
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“Did you say anything?”

Sally shook her head. “No, I just wanted to get to my car and get out of there.”

“What happened next?” Dan asked.

“He asked me if I had ever been to the barn.”

A murmur rustled through the courtroom, and Judge Kassel tapped her gavel, restoring silence. Stride saw the faces of the jurors, intent on Sally’s words.

“Go on, Sally,” Dan said.

“He told me he had heard there was some real hot make-out spot nearby, and he wondered if I had been there with Kevin,” she continued.

“What did you say?”

“I said no. He was really surprised. He thought I was kidding. But I really hadn’t been there.”

“Where were you at this point?”

“We were at a crossroads. I knew the bam was nearby. Everyone knows where it is. He stopped the van at the intersection.”

Dan leaned forward. “Just to clarify, Sally, is this the same barn where evidence about Rachel—her bracelet, her blood—was discovered?”

“Yes. The same place.”

“So what happened then?”

“He asked me if the barn was just down this road. I said yes, I thought so. He got this gleam in his eyes, like he was trying to flirt with me, and he asked if I thought anyone was there now, making out.”

“What did you say?”

“I said I didn’t know. I said we should really get going.”

“Did he do what you asked?”

“No.” Sally grimaced. “He said we should check it out. He was insistent. He turned and headed toward the barn. I was really scared.”

“What did you think was going to happen?”

“Objection,” Gale snapped. “Calls for speculation.”

“I’m asking the witness for her own perception of the situation, Your Honor, not what was in the defendant’s mind,” Dan countered.

Judge Kassel paused. “I’ll allow the question. You may answer.”

“I don’t really know what I thought I was just so freaked out. The way he was talking, I guess I thought he was coming on to me. Like he was going to try something.”

“Did he take you to the barn?”

Sally nodded. “Yes. He pulled in behind the barn and parked. I was getting ready to make a break for it, you know? I mean, he had me spooked. There was nobody around, and he kept looking at me and telling me I was really pretty.”

“Did he touch you?”

“No. Well, he didn’t have a chance to. We were hardly there a minute or two before another car pulled in behind us. I’ve never been so happy in my life.”

“What did Mr. Stoner do?”

“He hauled ass out of mere.” Sally hesitated. “I’m sorry. But that was really what he did. As soon as that other car came up, he hit the accelerator, and we peeled out.”

“Did he say anything further to you?”

Sally shook her head. “No, hardly a word. He just headed back to the main road, doing sixty this time. We reached my car in just a couple minutes. He dropped me off, and that was that I was glad to get out of there.”

“Did you tell anyone about this incident?” Dan asked.

“No. Not then, anyway. I was embarrassed, and I felt kind of stupid. I tried to tell myself I had just misinterpreted what had happened. But it all took place just like I told you.”

“That’s all I have, Sally. Thanks.” Dan turned to Gale. “Your witness.”

Now
, thought Stride,
the fireworks start
.

He leaned over to whisper to Maggie. That was when he realized that Maggie was gone.

 

 

 

Chapter 29

 

 

Gale removed his reading glasses, shoved them into the breast pocket of his suit coat, and gave Sally an avuncular smile.

“This won’t take long. Sally,” he told her. “I just have a few questions for you.”

Bullshit
, Stride thought.

“You were out biking on the country roads several miles from town, is that right?” Gale asked. “Weren’t you scared?”

“No,” Sally said. “I go out there at least once a month.”

Gale frowned. “And yet only a few months earlier, another girl in your school was abducted while jogging on the back roads. Didn’t that worry you?”

“Objection,” Dan snapped. “What the witness was thinking about or not thinking about is irrelevant.”

“Your Honor, if the jury is to decide whether this incident really took place, they deserve to hear the full context,” Gale said.

Judge Kassel nodded. “Overruled. The witness will answer the question.”

Sally shrugged. “I suppose it should have worried me, but I didn’t really think about it”

“So you weren’t concerned at all that whoever abducted Kerry might abduct you, too?”

“Objection, asked and answered,” Dan interrupted.

“Sustained.”

“All right. Sally, you claim that Mr. Stoner picked you up while you were pushing your bike back, is that right?” Gale asked.

“Yes.”

“And the event was very traumatic for you.”

“Yes.”

Gale paused. “But you didn’t tell anyone about it?”

“No, I didn’t. Not then.”

“You didn’t tell anyone?” Gale asked. “Not your parents? Or Kevin? Or a teacher?”

“No. I was scared. And I thought maybe I overreacted.”

“You overreacted. In other words, you began to realize you had leaped to the wrong conclusions, right?”

Sally hesitated. “I didn’t know what to think. I mean, I was just glad it was over. I didn’t want to get him into trouble.”

“The first time you told anyone about this alleged incident was when the police were questioning you, right?”

“That’s right.”

“But it wasn’t the first time you were questioned, was it?” Gale asked.

“No.”

“In fact, the police talked to you several times before you suddenly blurted out this story. Isn’t that correct?”

“I told you, I was scared,” Sally said.

“Yes or no, Sally, please.”

“Yes.” She raced on before Gale could stop her. “It wasn’t until I found out about the evidence the police found at the barn that I realized it was important.”

“It never occurred to you to bring it up before then?”

“Not really, no.”

Gale changed directions. “You’re in love with our previous witness, Kevin Lowry, aren’t you?‘

Dan stood up. “This is irrelevant and outside the scope of direct examination, Your Honor.”

Judge Kassel pursed her lips. “No, I’ll allow it”

Sally was pleased to answer. “Yes, we’re very close,” she said firmly.

“He’s a good-looking boy. I bet other girls go after him from time to time,” Gale said.

“Kevin loves me.”

“He never looks at other girls?”

“No.”

“No? But other girls do check him out, right? Didn’t Kerry McGrath do that?”

Dan was immediately on his feet again. “Same objection, Your Honor.”

“Mr. Gale?” the judge inquired.

“Your Honor, this line of questioning goes to the credibility of the witness.”

“Very well, overruled. But I expect to see relevance very quickly, Mr. Gale.” Judge Kassel offered the defense attorney an impatient frown.

“Didn’t Kerry ask Kevin out?” Gale repeated.

“Kevin said she did once, yes.”

“Didn’t that upset you?”

“Kevin told her no,” Sally said. “If he had said yes, that would have upset me.”

“You weren’t mad at Kerry for poaching on your turf?” Gale asked, smiling.

“No.”

“You weren’t? You didn’t talk to her about it?”

Sally hesitated. “No.”

“You don’t sound so sure, Sally.”

“Well, I may have mentioned to her that Kevin was off-limits. It was no big deal.”

“You mentioned it? Was this sort of a good-natured girl thing, or a ‘stay away from my man or I’ll rip your hair out’ kind of thing?”

Sally’s eyes widened. She was catching on now. Stride could almost see the message sinking into her brain.
He’s trying to pin this on me
.

“Objection,” Dan called. “Your Honor, I’m confused. Who is on trial here, and which crime is at issue?”

Judge Kassel sighed. “Mr. Gale, I’m confused, too. Would you care to explain the relevance? I’ve been more than patient.”

Dan came around in front of the counsel table and spoke before Gale could open his mouth. “Your Honor, may we discuss this issue in chambers? With all due respect to defense counsel, I don’t want him getting in through the back door what you disallow through the front door.”

“Your Honor, that’s offensive,” Gale retorted.

The judge took a long look at both men. Then she nodded. “Ten minute recess. In my chambers, gentlemen.”

 

 

Seated behind her neatly organized walnut desk, Judge Kassel leaned forward, resting her elbows on the wood. Gale was comfortably seated in front of her. Dan paced.

“Well, Archie?” the judge asked pleasantly. “Let’s talk relevance.”

Gale spread his arms, as if the explanation were obvious. “Your Honor, I’m trying to demonstrate that an alternate and reasonable theory of Rachel’s disappearance exists, and this line of questioning will add to the credibility of that theory. In addition, it will give the jury reasonable cause to believe the witness invented the entire story of Mr. Stoner taking her to the barn. She has no independent corroboration, so all the jury can rely on is her word. I’m entitled to challenge it.”

Dan responded angrily. “Your Honor, what this witness said or didn’t say to Kerry McGrath has no bearing on her credibility. All Mr. Gale is trying to do is use innuendo to smear the witness and suggest the wild notion that she was involved in the previous girl’s disappearance. He hasn’t a shred of evidence to back it up, because none exists. He simply wants to confuse the jury. It’s outrageous.”

Gale shook his head. “I’ve already established a circumstantial connection between the two disappearances—namely, both girls asked out the same boy shortly before they vanished. And we have a jealous girlfriend in the middle. I’m entitled to explore this connection, because it contributes to reasonable doubt that my client was involved in the second disappearance and impeaches the witness’s credibility.”

“It impeaches nothing,” Dan insisted. “The only way to imply that Sally had reason to lie about the incident at the barn is to suggest that she killed two girls. That’s absurd. The so-called circumstantial connection is nothing but coincidence. How many other students and teachers at the same school had dealings with both girls shortly before they disappeared? Does Mr. Gale intend to question them all? The fact is, we have nothing whatsoever to link this witness to either Kerry’s or Rachel’s disappearance. Nothing. It’s a smoke screen.”

“Mr. Gale?” Judge Kassel asked coolly. “Do you have any evidence other than coincidences and wishful thinking?”

Gale nodded. “I believe I do, Your Honor, with respect to Rachel’s disappearance.”

The judge frowned, twisting a pen in her hand. “How nice for you, since this trial is about Rachel’s disappearance. But what about Kerry McGrath?”

Gale hesitated. “Nothing direct, Your Honor.”

Judge Kassel glowered at him. “Then your line of questioning in this regard is over. Move on to the real issue in this trial, Mr. Gale. I will instruct the jury to ignore all references to Kerry McGrath in your questioning of both witnesses today, and I don’t expect to hear her name again. Is that clear? I don’t appreciate having my courtroom taken on a fishing expedition.”

“I don’t believe it is, Your Honor.”

“I’ve made my ruling, Mr. Gale. Now let’s get going.”

 

 

The time stewing in the courtroom had not been good for Sally. Her determined composure was gone, and in its place was the unease of a confused, scared teenager who didn’t know what was going to hit her next Stride wondered if that had been the whole point of Gale’s gambit over Kerry McGrath—to soften Sally up for what came next.

Gale gave up his pleasant demeanor. His voice was sharp, like a razor. He zeroed in on Sally but waited for a few agonizing seconds before questioning her again.

Stride, watching this melodrama play out, was briefly distracted, seeing Maggie glide back into the row next to him. She sat down, their legs touching. Stride bent and cupped one hand near her ear.

“Anything going on?” he whispered.

Maggie nodded. She glanced behind her, making sure no one from the media was nearby. “Guppo paged me. He’s chasing down something north of town. Could be important, he says.”

From the defense counsel’s table, Gale began again, his voice like ice.

“Sally, where do you live?”

Sally, surprised, gave him the address.

“Where is that in connection to Rachel’s house?” Gale asked.

“About a mile, I guess.”

“Within walking distance?”

“Sure.”

“Have you ever walked from your house to Rachel’s house?”

Sally nodded. “A couple times, yes.”

“And you’ve been inside her house?”

“Yes, a couple times. With Kevin.”

“What kind of car do your parents drive?” he asked.

Dan stood up. “Objection, relevance.”

Judge Kassel sighed. “Overruled. But time is running out, Mr. Gale.”

“Please answer,” Gale told Sally.

“A Chevy minivan.”

“Similar to what the Stoners own?” Gale asked.

“I guess.”

“Have you ever driven your parents’ minivan?”

Sally nodded. “Yes.”

“So you’re familiar with the controls?”

“Objection,” Dan said. “Asked and answered.”

“Sustained. Move on, Mr. Gale.”

“All right. Sally, let’s talk about the last night you and Kevin saw Rachel. The three of you were in Canal Park together?”

“That’s right.”

“Can you tell me what you were wearing that night?” Gale asked.

Sally hesitated. She glanced nervously at Dan, who leaned back and shot Stride a confused look. “What was I wearing? I don’t remember.”

Gale nodded. “Maybe I can refresh your memory.” He found his glasses in his pocket and adjusted them at the end of his nose. He flipped through several pages of his notepad. “Could it have been a red plaid shirt, jeans, and a red parka? Does that sound right?”

“Maybe,” Sally said. “I’m really not sure.”

“But you do own such an outfit, don’t you?”

Sally nodded. “Yes.”

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