Page 104 of Shadow of Justice
“Honestly? She’s proven that Jamie Simmons knew Ellie Luke. And that later he married Ellie’s sister, Erin. Oh, and that Ellie and Erin look a lot alike. That’s about it.
“Let’s talk about the box, shall we? That’s the Great Big Thing in this trial. The clickbait. The headline. Niece of murder victim finds grisly souvenir in her own basement. I mean, I’d pick up that book. Watch that movie.
“But here’s the thing. Here’s what Mara Brent has to prove. Premeditation. That the murder was planned in advance. Malice. That the murder was committed with the intention to kill. That the murder was committed by violent means.
“She can’t even prove murder. We don’t even know how Ellie died. The coroner just had a theory. The body was so decomposed a thorough autopsy couldn’t be done. She had a fractured skull. Is it reasonable to assume she could have fallen? Tripped? Hit her head on a rock or the hard ground? We don’t know. And because we don’t know you are legally required to give the benefit of that doubt to Jamie Simmons.
“Malice. The intention to kill. There is not one shred of evidence that Jamie Simmons had a plan to kill Ellie Luke.
“Ms. Brent keeps telling you Jamie slashed Ellie’s tire. That he lied in wait for her to get off work. Good theory. Only she has no proof of it. She’s just making up a story. Nobody saw Jamie Simmons do any of that. There were no tire tracks other than Ellie’s on the side of the road that night. Nothing.
“There was no DNA found at the scene where Ellie’s body was discovered. No blood, skin, hair, or other tissue that could have connected Jamie Simmons or anyone else to the crime.
“Ms. Brent also likes her version of the story that Jamie Simmons wasn’t well liked by his other classmates. Sure. Fine. Maybe that’s true. But none of those witnesses bothered to mention it twenty-two years ago when their memories were fresher. When the police were actively trying to solve what they decided was murder. It wasn’t important enough to Sabrina Wharton to bring it up in the two hours she was questioned by Detective Ritter twenty-two years ago.
“Ms. Brent wants to make something out of the Luke family’s reticence to talk about Ellie after she was found dead. That’s not a crime. It’s not even abnormal. They were allowed to process their grief in the way they saw fit. How dare Mara Brent or anyone else try to judge them for that?
“But I digress. It’s the box you’re curious about. The mysterious box Ms. Brent claims is the bombshell in this case. That broke it wide open. Only she can’t prove how that box got in Jamie Simmons’s house. Everything you know about that comes from Hayden Simmons. Hayden Simmons. Ms. Brent wants to talk about obsession? Fine. Let’s talk about it. Let’s talk about the fact that it was Hayden Simmons who developed an unhealthy obsession with her aunt’s disappearance. Hayden Simmons who spent up to ten hours a day doom scrolling an online forum filled with other people, strangers, who were equally obsessed with this tragedy.
“Hayden Simmons got popular online. She admitted she entered that forum under false pretenses. She didn’t tell the other members who she was or how she was connected to Ellie Luke. She lured information out of them. She shaped a narrative based on it. She got attention. I submit to you that it’s Hayden who is disturbed. Hayden who is obsessed. Hayden who has worked to destroy her family and poison them against her father.
“And yes. The box. What’s in it? An earring? Underwear? Photographs. Photographs that show a very much alive Ellie Luke. Photographs that Ms. Brent never proved who took. We don’t know. And it’s not Jamie Simmons’s job to prove that to you. It’s not his job to prove anything. That’s not how our system of justice works.
“George Luke, Ms. Brent’s supposed star witness. A distraught, grieving father who has been put through hell for twenty-two years. George Luke admitted that his daughter’s personal items were accessible to anyone and everyone for two years after she died. Her room was kept as Ellie left it. Her clothes. Her jewelry. Her earrings. Her undergarments. Even her hair brushes. All of it in that room. In a house where her friends gathered after her death. A house where contractors came in to complete a kitchen renovation. Where other family members stayed. Where Hayden Simmons herself stayed. In that very room. Ms. Brent has provided zero proof that any of the items in that box were actually taken from Ellie’s dead body. Even if Jamie Simmons is the one who collected them, and that has by no means been proven, that’s not a crime.
“And Holly Logue? I’m sorry. She has no credibility. This woman claimed to love Dane Fischer. Was willing to jeopardize her marriage for him. And she can’t be bothered to give the man an alibi? I don’t buy it. You shouldn’t either. Holly Logue is the third lie Dane Fischer gave about his alibi. Don’t be fooled. How convenient she just happens to show up here after twenty-two years. She’s a liar. A prop.”
Cutler walked back to the lectern.
“It’s not a crime,” he repeated, pounding his fist on the wood. “It’s not a crime, ladies and gentlemen. Ms. Brent has done nothing more than peddle this family’s grief to her own end. There’s an election coming up. What a feather in her cap this would be. In Sheriff Cruz’s cap too. The two people who got a hold of Hayden Simmons before anyone else did.”
I vaulted to my feet. Judge Saul saw me and put a hand up. “Mr. Cutler,” she said. “Please stick to the evidence. The jury should disregard Mr. Cutler’s unsubstantiated conclusions about Ms. Brent’s motivation.”
Cutler laughed. “Sure. Of course. My mistake.”
“Reasonable doubt,” he went on. “There’s no proof a murder was committed. No proof that the items in Hayden Simmons’s infamous box were taken directly from Ellie’s gravesite. No proof that Jamie Simmons was ever at that gravesite or abducted Ellie Luke from the side of the road. I, too, appreciate your time and attention. I don’t envy your job. But I honor it. It would be a travesty of justice if you bought into the story Mara Brent is trying to sell. It isn’t supported by the facts. The provable facts. I ask that you render a verdict of not guilty and allow this poor family to heal. Thank you.”
I was still on my feet. Erin and Claudia Luke were in near hysterics. Jamie Simmons sat rigid, a stoic expression on his face. I turned to Hayden. Hojo had moved down one seat. George had his arms wrapped around his granddaughter, hugging her. And she had finally let him.
34
Gus and Sam waited for me after I gathered my things and walked out into the hallway. George Luke and Hayden left during jury instructions. As I closed the courtroom door behind me, Erin Simmons and Claudia Luke emerged from a side hallway. It was unexpected. No one was with them. They had turned away any help from the victim advocacy groups.
I practically ran straight into Erin. She took a step back. She’d been crying. Her eyes were puffy, the left one almost swollen shut.
“Excuse me,” I said. I took a step back, wanting to give her room to pass me.
“Mom?”
Hayden Simmons came out of the bathroom. Time seemed to freeze. Claudia put her hands on her daughter’s shoulders and tried to pull her back.
George Luke emerged from the men’s room. His face dropped when he saw his wife and daughter in range of his granddaughter.
“How could you do this?” Erin shouted to Hayden. “How could you do this?”
Erin broke free of Claudia’s grasp and lunged at Hayden. I reacted. Dropping the files, I clutched to my chest. I stepped in between Erin and Hayden.
“Stop,” I said. “Just stop. Just turn around and take the stairs.”
