“Make your point, Ms. Brent,” the judge said.
“If Mr. Fischer is concerned about criminal prosecution relating to any part of his testimony in connection with this case, I’d like the opportunity to assuage his fears. I can offer him immunity. May we have a one-hour recess so that I can confer with Mr. Fischer on this matter?”
“This is ridiculous,” Cutler said. “And I insist on being present for any discussions with Mr. Fischer.”
“You’re not his lawyer.” Judge Saul and I said it in unison.
“All right,” Judge Saul said. “One hour. But if you can’t work it out, then I believe we’re done with Mr. Fischer.”
“Thank you, Your Honor,” Cutler said with a confidence that made me livid.
Cutler went back to his client. The judge dismissed the jury and ordered us into recess.
“Mr. Fischer, please,” I said as he tried to brush past me. “We can help each other. I’m just asking for an hour of your time. I know you didn’t kill Ellie Luke. The cops know it too. Please. Just one hour.”
He watched as Cutler and Simmons left the courtroom. They were jovial with each other. Laughing. A wave of anger went through Dane Fischer. He looked back at me.
“I’ll give you ten minutes.”
30
Gus was waiting in the hallway when we walked out. I didn’t know if he’d been in the courtroom, but word of Dane Fischer’s testimony had undoubtedly already spread.
“Good,” I said to him. “I’m going to need you for this.”
“No,” Dane said. “Hell, no. I don’t want him anywhere near me.”
I whirled around and snapped at him. “Like it or not, he’s your best shot at fixing this mess. Now get in here before you have a reporter in your face.”
Dane’s jaw dropped. Whatever he was expecting me to say, it wasn’t that. To be fair, I hadn’t expected to say it either. But my own rage started to bubble up.
Gus opened the door to the empty jury room to Judge Ivey’s courtroom. He was on vacation this week.
“Sit,” I ordered Dane. He took a chair at the long table in the center of the room. Gus stayed back, leaning against the door he’d just closed.
“What are you doing?” I asked Dane. “You had an opportunity to get your side of the story out. On the record. In open court. In front of members of the Luke family. Your family.”
Dane looked from me to Gus. “I know what this is. I know what it’s always been. You want me to think you’re on my side?”
“No,” I said. “I’m not on your side. I’m on Ellie Luke’s side. I’m on Hayden Simmons’s side.”
“You think I killed her?” Dane said, but he wasn’t talking to me. He looked straight at Gus. “You ruined my life.”
Gus flinched. “I don’t think that anymore,” he said quietly. “But yes. Twenty-two years ago … hell … six months ago. I thought you killed her. I thought I knew it. I was wrong.”
“It’s too late,” Dane said.
“Dane,” I said. “I need you to understand what’s happening. You went in there and pleaded the Fifth. Fine. It’s your right. And if you want a lawyer in here while we talk, call one. I’ll help you find one if you want. But right now, there’s a good chance enough members of that jury are going to think the same thing Gus did. And let’s not pretend he didn’t have good reasons.”
Dane crossed his arms in front of himself. He looked out the window.
“I know you didn’t kill her,” I said. “Gus knows it. George Luke knows it.”
“I want to hear it from him,” Dane said.
Gus stepped forward. He put his hands flat on the table and got in Dane’s face. “I know you didn’t kill Ellie. But I also know you’re a liar. You don’t have to like me. I sure don’t have to like you. But if you made it harder for Mara to convince that jury Jamie Simmons did this, then that’s on your head. So you better decide if you can live with that.”
“I don’t owe her anything,” Dane said. “I don’t owe you anything. I have to look out for myself. If you think that makes me a bad person, I don’t care. When I say you ruined my life, I mean you ruined my life. I lost my job. I lost one side of my family. My own mother doesn’t speak to me. I’ve been sober for over twenty years. But they’re lost to me anyway because they believe I killed Ellie.”
