‘Dr Alderman, your wife and son were with you at the beach that day, weren’t they?’
‘Yes.’
‘You didn’t take any pictures of your wife, did you?’
‘No.’ Noah didn’t explain because Thomas had told him not to volunteer. Maggie didn’t like to have her picture taken because she always felt fat. He disagreed, but photographs never captured the liveliness in her, the spirit or humor in her eyes. The first time he met her, he thought to himself, she has so much life in her, her eyes actually dance.
‘You didn’t take a picture of your son that day, did you?’
‘No.’ Noah thought back. Caleb had never stood still for a minute at the beach, and they’d been busy making sandcastles and finding sand crabs. The water had been cold, but Caleb had gone in anyway. Noah had wrapped him in a SpongeBob towel, his knobby shoulders shivering, his lips blue from a snow-cone. His perfect imperfect son.
‘Your wife wasn’t present when you took these photos of Anna, was she?’
‘No.’ Noah didn’t explain. The explanation would only sound worse. He could see Thomas’s eyes flare, warning him off.
‘Where was your wife while you were taking these photos?’
‘She had taken my son Caleb to get lunch.’
‘Isn’t it true that you waited until they had gone to ask Anna to pose for you in her bathing suit?’
‘No, that’s not true.’ Noah had to say something. He had taken the stand for a reason. ‘Anna asked me to take those pictures. It wasn’t my idea, it was hers. She wanted them for Facebook. She couldn’t decide which one to use, that’s why there were so many.’
Linda’s eyes flared in disbelief. ‘Dr Alderman, are you trying to tell us that Anna, a teenager, couldn’t take a selfie?’
‘No.’
‘If Anna asked you to take the photos, why didn’t she give you her phone to take them?’
Noah realized the answer, but couldn’t say it. Thomas would kill him. ‘I don’t know.’
‘But you never sent Anna the photos so she could post them, did you? I can show you your phone, if you need your recollection refreshed.’ Linda gestured at the evidence table, where exhibits were bagged and tagged.
‘No, I never did. I must have forgotten to.’ Noah got the implication. The fact that he hadn’t sent them made it look as if Anna hadn’t asked him to take them.
‘Dr Alderman, didn’t there come a time when you became aware that Anna was the sole heiress to a 50-million-dollar fortune?’
‘Yes.’
‘You were very friendly to Anna when she moved in, weren’t you?’
‘Yes.’ Noah could see that Linda was making a connection for the jury, but he had to fight back. ‘I was trying to be a good stepfather, that’s all.’
‘Isn’t it true that you offered to give Anna a driving lesson?’
‘Yes.’
‘Isn’t it also true that she already knew how to drive?’
‘Yes.’ Noah hated not defending himself. The truth was, Maggie had wanted him to take Anna out so they could get to know each other.
‘Dr Alderman, isn’t it true that you found out about Anna’s vast wealth before you offered to take her on a driving lesson?’
‘Yes.’ Noah heard the jury rustling.
‘During the driving lesson, it was just you and Anna, alone in the car, isn’t that correct?’
Noah couldn’t keep it in any longer. ‘Yes, but that doesn’t mean anything. It’s normal.’
Linda pursed her lips. ‘Dr Alderman, Anna was young, beautiful, and rich, wasn’t she?’
‘Yes.’
‘Isn’t it true that as soon as you met Anna, you decided to make sexual advances on her?’
‘No.’
‘But you were attracted to Anna, were you not?’
‘No.’ Noah had to lie.
‘You weren’t attracted to this lovely young woman, whom you took so many photos of, in a bathing suit?’
‘No.’
‘Dr Alderman, didn’t you attempt to seduce Anna?’
‘No, I was a married man, and we had a great marriage before –’ Noah stopped himself, mid-sentence. It wouldn’t sound right. It would sound terrible.
‘Before what?’
‘Before. Just before.’
Linda’s eyes bored holes into him. ‘Before what, Dr Alderman? Answer the question.’
‘Before all this happened.’ Noah’s throat went dry.
‘But Anna is what happened, isn’t that true?’
‘No.’
Linda pursed her lips. ‘Isn’t it true that Anna moved into your home on Saturday, April 22?’
‘Yes.’
‘And she was murdered on Wednesday, May 10, only a few weeks later?’
‘Yes.’
‘Dr Alderman, your marriage was good before Anna moved in, wasn’t it?’
‘Yes.’
‘Please direct your attention to Commonwealth Exhibit 35 on the screen.’ Linda was about to signal to her paralegal when Thomas stood up.
‘Objection, Your Honor. I have a running objection to the admission of the Commonwealth Exhibit 35 under Pennsylvania Rules of Evidence 404. Under Rule 404, evidence of prior crimes, wrongs, or other acts are inadmissible and unduly prejudice the jury.’
Linda whirled around to the judge. ‘Your Honor, Commonwealth Exhibit 35 is admissible under 404(b) as a permitted use, in that it tends to prove motive and intent. Defense counsel’s argument has been rejected by the Superior Court in Commonwealth v. Drumheller and more recently in Commonwealth v. Ivy. The PFA Petition is certainly relevant to the case at bar, and not only that, is also admissible under the res gestae exception because it forms the history of this matter.’
Judge Gardner pursed his lips. ‘I’ll overrule the objection. Commonwealth Exhibit 35 is admissible.’
‘Thank you, Your Honor.’ Thomas sat down heavily.
‘Yes, thank you, Your Honor.’ Linda signaled the paralegal, then turned to face Noah, and the screen changed to a document he knew very well, unfortunately.
PETITION FOR PROTECTION FROM ABUSE, read the top, and under that was a form with boxes for Plaintiff and Defendant, which had been filled out Anna Desroches and Noah Alderman, in Anna’s handwriting, and under that was a bolded CAUTION, with boxes for Weapon Involved, Weapon Present on the Property, or Weapon Requested Relinquished, the only boxes that remained mercifully unchecked.
‘Dr Alderman, this is a Petition for a Protection From Abuse filed against you in the Common Pleas Court of Montgomery County on May 8, is it not?’
‘Yes.’ Noah nodded.
‘In Pennsylvania, a Protection From Abuse order, commonly referred to as a PFA, is sought by victims of sexual abuse when they are trying to protect themselves from their victimizer, isn’t that correct?’
‘Yes.’
‘Dr Alderman, who filed the Petition against you?’
‘Anna.’
Linda paused, lifting an eyebrow. ‘Isn’t it true that this Petition was filed only seventeen days after Anna had moved in?’
‘Yes.’
‘And isn’t it also true that this Petition alleged that you attempted to sexually abuse Anna on two separate occasions, on April 27, in a car during her driving lesson, and on May 6, in a bathroom?’
‘Yes.’
‘Dr Alderman, aren’t these the specific allegations regarding the two occasions?’ Linda signaled to her paralegal, and the screen changed.
Set forth the facts of the most recent incident of abuse, including date, time, and place, and describe in detail what happened including any physical or sexual abuse, threats, injury, incidence of stalking, medical treatment sought, and/or calls to law enforcement.
My stepfather Noah Alderman tried to kiss and fondle me in a powder room at home on Saturday, May 6, at about 10:45 pm.
If the Defendant has committed prior acts of abuse against plaintiff and/or minor children, please describe these prior incidents, including any thr
eats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred.
My stepfather Noah Alderman put his hand under my dress during a driving lesson on Thursday, April 27, at about 8:30 pm.
Noah read with a sinking heart. ‘Yes.’
‘Anna testified in support of her allegations at an emergency PFA hearing on May 8, did she not?’
‘Yes.’
‘And you testified as well and denied those allegations at the hearing, didn’t you?’
‘Yes.’
Linda’s dark eyes glittered. ‘Is it normal for a stepfather to be called to testify at a PFA hearing regarding sexual abuse against his stepdaughter?’
‘No.’
‘Is it normal for a stepfather to make sexual advances against his stepdaughter?’
‘No,’ Noah answered, hiding his dismay.
‘Dr Alderman, isn’t it true that you tried to seduce Anna but she spurned your advances?’
‘No.’
‘But after Anna filed for a PFA, your wife asked you to leave the home, did she not?’
‘Yes.’
‘So what you meant earlier in your answer was “before Anna,” wasn’t it?’
‘Yes.’ Noah felt his throat go dry. He was off to a bad start.
‘Dr Alderman, isn’t it true that Anna was murdered only two days after she filed the Petition for a PFA against you?’
‘Yes,’ Noah had to admit, and still on the screen was the PFA petition, next to the beautiful photo of Anna on the easel. He knew this was all calculated, an opening tableau against him.
‘Dr Alderman, let’s move to the night in question, May 10, shall we?’
Noah took a deep breath.
Chapter Sixteen
Maggie, Before
Maggie climbed the staircase at the Congreve Inn, and Anna rolled her overnight bag behind her. Maggie had been delighted that Anna had decided to spend the night with her rather than in the dorm, and they had already packed the car. They reached the door, and Maggie got out her key. ‘Anna, I’m starved, aren’t you? How about we get room service?’
‘Sweet.’ Anna lugged the roller bag onto the landing. ‘The room service here is supposed to be great. They make eggplant parm with local cheeses. All the Parker parents stay here.’
‘Well, you’re not a Parker anymore.’ Maggie entered the room and flicked the light switch, which illuminated old-fashioned crystal lamps on the night tables. The hotel room had two queen-size beds with dotted-Swiss canopies, and chintz chairs matched the faded flower wallpaper. The far wall had a long panel of windows flanked by chintz curtains, and the effect was charming.
Anna rolled her bag inside. ‘Canopy beds! I love those.’
‘Make yourself comfortable, and I’ll order us two eggplant parms. How about a salad to go with?’
‘Great!’ Anna shed her coat and sat down on one of the beds.
‘Let’s have dessert, too.’ Maggie crossed to the dresser, which had a printed menu under glass. ‘The choices are lemon poppyseed cake, chocolate cake, bread pudding –’
‘Bread pudding!’
‘Carbs, coming right up!’ Maggie loved bread pudding, too. She was going off her diet, but it was a special occasion. It’s a girl! she thought, but didn’t say.
‘Want to watch a movie? We can get a free one.’ Anna picked up the remote, turned on the TV atop the dresser, and flipped through the choices. ‘It’s not a school night, and anyway, I’m out of school.’
‘Sure.’ Maggie pressed a button on the phone for room service. ‘I’ll look into getting you registered at Lower Merion on Monday. I don’t want you to lose too much time.’
‘I’ll be the new girl.’ Anna frowned, worried.
‘You’ll do fine.’ Maggie told room service the order, then hung up. ‘My mother always said, “When one door closes, another one opens.” ’
‘My grandmother said that?’ Anna blinked, with a smile.
‘Also “don’t sing at the table” and “don’t put so much on your fork.” ’ Maggie hadn’t thought of that in ages. Having Anna was summoning those memories, and Maggie felt the spirit of her mother with her, sharing her happiness.
‘What was her name?’
‘Cecilia Theresa Macari Ippoliti. Sounds like an entrée, right?’
Anna laughed. ‘Can I see pictures of her when we get home?’
Home. ‘Sure.’ Maggie felt her heart swell. ‘Now find us a movie, and we’ll start our slumber party.’
‘How about this one?’ Anna highlighted Top Gun on the screen. ‘I always wanted to see this.’
‘If you haven’t seen Top Gun, your education is incomplete.’
‘Ha! Suck it, Congreve!’ Anna clicked for the movie.
‘Let’s flop around until they feed us.’ Maggie kicked off her shoes and plopped into the center of her bed.
‘Here we go.’ Anna sat on her bed, and the movie credits started, playing the thumpa-thumpa theme music.
‘Turn it up, girl! You need the full effect.’
‘For real?’ Anna glanced back, shyly.
‘Yes, crank that thing!’
‘Ha!’ Anna did, moderately, then lay back in her pillows and pointed at the dotted-Swiss canopy. ‘Those dots are like stars in a white sky. Or snow in a storm.’
Maggie looked up, thinking Anna was right. ‘That’s poetic. Do you like poetry?’
‘Yes. Do you?’
‘Yes, but I don’t always understand it.’
‘Me neither, but I write it anyway. I tried to get on The Zephyr, that’s the poetry magazine at Congreve, but I didn’t make it. I showed some of my poems to Ellen.’
‘I’d love to see them, someday.’
‘Okay, oh, we’re missing the movie.’ Anna shifted up in bed, watching the TV, and Maggie looked over at the screen, an aerial battle between fighter jets. Suddenly she remembered that Top Gun was a movie about a pilot and one of the pilots died. She kicked herself, wondering how Anna would react to the movie, given Florian’s death.
‘Anna, maybe we should watch a love story or something.’
‘No, this is so cool,’ Anna shot back, riveted to the screen. ‘Who are the bad guys they’re shooting at?’
‘It’s about a jet-fighter school. They’re exercises.’ Maggie shifted up in the pillows, worrying. Anna was biting her nails, engrossed by the aerial battle in which a pilot named Cougar had a panic attack.
‘Way to go, Maverick!’
‘Tom saves the day.’ Maggie got more nervous as the next scene came on, Maverick getting chewed out with his partner Goose, the pilot who died.
‘I get it. He wants to be number one. Because testosterone.’
Maggie kept her eye on Goose. ‘Anna, I’m still wondering if we should watch a different movie. This has sad parts. It’s a movie about pilots.’
Anna looked over, getting the message. ‘I’ll be okay. I’m not a little kid.’
‘Okay, good,’ Maggie said, but she worried as the movie progressed, one iconic scene after the next. Room service arrived, filling the air with the delicious aromas of tomato and mozzarella, but Anna never took her eyes from the screen as she set her tray on the bed.
‘Jester seems like a jerk.’ Anna sipped her soda, and another aerial battle came on.
‘He is.’ Maggie took a bite of her eggplant parm. Anna seemed to be having fun, giggling when the scene changed to beach volleyball.
‘These guys have sick bodies!’ Anna ate hungrily, and so did Maggie, and they both finished their meals, wisecracking through the movie, then falling uncomfortably silent when the love scene came on. Maggie couldn’t believe how dumb she had been to pick a movie with sex and death for her first night with her daughter. The scene finished, then inevitably, the fatal aerial battle filled the screen.
‘Oh no.’ Anna watched the fighter jet whirl in the sky, corkscrewing downward, losing altitude. The scene was so realistic that even Maggie imagined Florian during his crash, wondering w
hat his last moments had been like as their plane hurtled toward earth.
‘Oh no!’ Anna gasped as Goose ejected, then limp and lifeless, parachuted down toward the sea. Anna turned to Maggie, stricken. Her lips parted, and her blue eyes brimmed.
‘Anna, I’m so sorry.’ Maggie got up quickly, went to Anna, and hugged her as she burst into tears.
‘I know . . . it’s only a movie . . . but . . .’
‘It’s okay, honey,’ Maggie said, holding Anna close and rubbing her back as sobs wracked her body. Maggie could feel all of Anna’s sorrow as the girl cried hard, and Maggie made a vow that she’d never let Anna go again.
No matter what.
Chapter Seventeen
Noah, After
TRIAL, DAY 5
Noah’s gaze swept the gallery, but Maggie still hadn’t appeared. He felt relieved that she would be spared his testimony.
Linda stood in front of the witness stand, her legs planted like a human sawhorse. ‘Dr Alderman, let’s return to the night Anna was murdered. You testified on direct that you left work at 6:30 P.M., did you not?’
‘Yes.’
‘You drove directly to the gym, did you not?’
‘Yes.’
‘It took you approximately twenty minutes to get to the gym, isn’t that correct?’
‘Yes, that’s correct.’
‘You had your cell phone with you, didn’t you?’
‘Yes.’
‘You didn’t have any phone conversations on the way to the gym, did you?’
‘No, I didn’t.’
‘Did you attempt to have any telephone conversations on the way to the gym?’
‘Yes, I attempted to call my wife. Rather, I called her, attempting to speak with her.’
Linda smiled slightly. ‘You’re a precise man, aren’t you?’
Noah assumed the question was rhetorical. He was a precise man, as a pediatric allergist. He didn’t know anybody who wanted a careless doctor.
‘But your wife didn’t answer your call, did she, Dr Alderman?’
‘No.’
‘You didn’t leave your wife a message, did you?’
‘No.’
‘You weren’t living with your wife at the time, were you?’