“Your Honor,” Cutler began. “I would like permission to treat this witness as hostile. He was compelled here by subpoena and has made no secret of his animosity toward the family of the victim.”
“He’s the defense’s witness,” I said. “And this witness’s family is his family as well.”
“Be that as it may,” Judge Saul said. “From the argument presented in defense counsel’s written brief on this matter, I will grant his request to treat the witness as hostile. You may proceed, Mr. Cutler.”
“Thank you,” Cutler said. “Mr. Fischer, for clarification, will you remind the court how you are related to the victim in this case, Ellie Luke?”
Fischer’s cold stare didn’t soften. If anything, the question seemed to make him angrier. “She’s a cousin. My mother and Ellie’s mother are first cousins. They had the same maternal grandparents. My mom’s mother and Claudia’s mother were sisters.”
“They were close, your mother and Claudia?”
“They were about the same age. My mom always thought of Claudia as one of her best friends when they were growing up.”
“Are they still in touch?” Cutler asked.
“I wouldn’t know.”
“And why is that?”
“I don’t have contact with my mother. And I’m not in contact with Claudia.”
“You harbor ill feelings toward Claudia and her family, don’t you?”
“I don’t harbor any feelings at all toward them,” Fischer said.
“Are you sure about that?”
“You asked me the question. I gave you an answer. I haven’t communicated with Claudia or that side of the family in over twenty years. And as you said, I’m not here voluntarily. You forced me to be here.”
“Be that as it may, Ellie Luke was your cousin. Or second cousin. However that works. You were close with the Lukes at one point, weren’t you?”
“I don’t know what you mean by close.”
“Well, I mean you had a relationship with them. Didn’t you?”
“I suppose you could call it that, yes.”
“You lived with them for a time, didn’t you?”
“For about three months when I was twenty years old. That was twenty-four years ago.”
“Okay,” Cutler said. “So you were twenty. How old was Ellie Luke at the time?”
“Eighteen or nineteen.”
“Why did you come to live with the Lukes?”
“I was going through a hard time. I’m an addict, Mr. Cutler. I know that’s what you’re getting at with all of this. You think I’m ashamed of it? I’m not. When I was fifteen years old, some things happened in my life that aren’t any of your business. I fell in with a group of kids who didn’t have my best interests in mind. I started using. It took over my life. My parents kicked me out when I was nineteen. I stopped using but my parents weren’t interested in letting me back in. I was out of a job, out of money, and trying really hard to start over. So Claudia agreed to let me stay at her place for a summer while I tried to get back on my feet. That’s it. That’s the whole story.”
Cutler smiled. “It isn’t really the whole story now, is it?”
“I’m done,” Fischer said. He stood up.
“Mr. Fischer,” the judge said. “You are not free to leave the witness box. You are here under subpoena. Mr. Cutler will let you know when he’s finished with his questions. Then Ms. Brent will have an opportunity to cross-examine you. Please sit down.”
He glared at her, but slowly sank back into his chair.
“Mr. Fischer, can you please explain the circumstances as to why you left Claudia Luke’s home?”
