“Mr. Fischer, you threatened to kill Ellie Luke, didn’t you?” Cutler shouted.
“I plead the Fifth!”
“Your Honor!” I said. “If we could …”
“You wanted her dead. Ellie Luke ruined your life again in your mind, didn’t she?”
“I plead the Fifth!”
“What is he doing?” Hojo said.
Judge Saul banged her gavel. “Enough,” she said. “Mr. Fischer, is it your intention to invoke your Fifth Amendment privileges to all further questioning by Mr. Cutler?”
“It is,” he said. “I will not answer any questions about Ellie Luke.”
“Mr. Cutler?” the judge said.
“You knew where she worked. You knew when she worked,” Cutler said. “Ellie Luke was working the same job, the same schedule when you were living in the home with her. You were well aware of her comings and goings.”
“I plead the Fifth,” Fischer said.
“Christ,” Hojo whispered. “He’s doing this on purpose. Cutler knew he was going to do this.”
“You killed her,” Cutler shouted.
“Objection! Your Honor, this is exactly what I’ve been objecting to all along. Mr. Cutler is playing games with this witness. His testimony is entirely irrelevant and highly prejudicial. I move that Mr. Fischer’s entire testimony be stricken.”
“Not on your life,” Cutler said. “Mr. Fischer is refusing to answer questions that are germane to every issue in this case.”
“Overruled, Ms. Brent,” Judge Saul said. “Mr. Cutler? What do you want to do here?”
Cutler took a step back from the podium and crossed his arms. He made a great show out of pretending he was actually considering his options. Then he stepped forward and leaned in close to the microphone. “I have no further questions for this witness.”
“Ms. Brent?” Judge Saul said.
I couldn’t even ask the question and give Dane Fischer the opportunity to deny killing Ellie. If I asked and he pleaded the Fifth again, it could be viewed as good as an admission to the jury. Bennett Cutler had painted me into a corner and he knew it.
“Mr. Fischer,” I said. “When was the last time you saw Ellie Luke?”
His expression softened. I could almost see Fischer’s wheels turning. He was innocent. I knew this. He knew it. Hell, even Cutler probably knew it. And I’d just asked him an innocent question. Not where he was when she disappeared. My question had nothing to do with lies he’d told the police. Or threats he’d made against Ellie.
“I don’t … I plead the Fifth.”
“Had you spoken to her at all in the months before she went missing?”
“I plead the Fifth.”
His voice had gone quiet. I could barely hear him. From the corner of my eye, I could see Jamie Simmons with a satisfied smile on his face.
An idea formed in my mind. A last hope. But I knew if I were going to salvage this case, Bennett Cutler had forced me into the position of proving Dane Fischer’s innocence as much as I had to prove Jamie Simmons’s guilt. It was a nightmare scenario.
“Your Honor,” I said. “May we approach?”
She waved Cutler and me forward. “Your Honor,” I started. “This witness has invoked his Fifth Amendment privilege against self-incrimination. I’m going to give Mr. Cutler the benefit of the doubt that he was unaware that he would.”
“Are you accusing me of something?” Cutler said.
“I believe I’m doing the opposite of that. I said I was giving you the benefit of the doubt.”
