‘No.’
‘You moved out at your wife’s request, isn’t that true?’
‘Yes.’ Noah remembered every minute, but even when it was happening, he’d thought he could turn it around. He knew Maggie loved him the way he loved her, deep inside. He knew her love was still there, hunkering down through a bad spell, the way love does in marriage. Embedded, sinking into your very bones. Changing who you are forever, reconfiguring your very DNA. Noah was a different man, after Maggie.
Linda cocked her coiffed head. ‘So you arrived at the gym at approximately 6:50, isn’t that correct?’
‘Yes, it is.’
‘And you parked in the lot behind the gym, isn’t that correct?’
‘Yes.’ Noah had been over this with Thomas, who had warned him it was treacherous territory.
‘Dr Alderman, let me show you an item marked Commonwealth Exhibit 42.’ Linda set Noah’s iPhone in front of him, which the police had confiscated the night of Anna’s murder. He hadn’t seen it since then, and it struck him as an artifact of his former life, with its calendars, photos, pollen trackers, and playlists full of classical music.
Linda gestured at the phone. ‘Please examine it to make sure it’s yours. It’s fully charged.’
Noah picked up the phone and pressed the home button, which brought the screen to life with a photo of a beaming Maggie and Caleb. The speech pathologist had given Caleb a homemade certificate and graduation cap to mark his progress.
‘Isn’t that your phone?’
‘Yes.’ Noah set it down. It was his old life, gone as the Jurassic. Extinct.
‘Please scroll to your text function, while I summon Commonwealth Exhibit 43 to the screen.’
Thomas rose quickly. ‘Objection, Your Honor. I’m renewing my objection, made during the prosecution’s case, that the text message is inadmissible because it is not properly authenticated under Commonwealth v. Koch and is hearsay.’
Linda faced Judge Gardner. ‘Your Honor, as before, Koch does not preclude the admission of this text. The Superior Court and Koch make clear that texts can be authenticated by circumstances, such as those present, where others do not routinely use the phone and the phone was not kept in an accessible place. And it is not hearsay because it is not being admitted to prove the truth of the matter asserted.’
Judge Gardner looked down at Noah. ‘Dr Alderman, did others routinely use your phone with your permission?’
‘No, Your Honor.’
‘Thank you.’ Judge Gardner nodded. ‘The objection is overruled, and the text is admissible.’
Thomas sat down heavily, and Linda signaled her paralegal. Onto the screen flashed a text, grossly enlarged:
Anna, will you meet me at my house @915 tonight? I’m sorry and I want to work this out. Please don’t tell your mother.
‘Dr Alderman, isn’t this the last text on your phone?’
‘Yes, it is.’
‘And that text was sent on May 10, the night Anna was murdered, was it not?’
‘Yes.’
‘The text was sent at 6:55 P.M., the night Anna was murdered, was it not?’
‘Yes.’
‘And the name at the top of the screen is Anna, is it not, signifying the text was sent to Anna?’
‘Yes.’
‘You didn’t receive an answer to this text, did you?’
‘No.’
‘Let me show you Commonwealth Exhibit 44, which has already been admitted and is a copy of the records from Anna’s iPhone.’ Linda signaled her paralegal, and the screen showed Anna’s text history. ‘Dr Alderman, can you see that it shows that Anna received the text from your phone approximately one minute after it was sent?’
‘Yes.’
Linda signaled the paralegal, who reverted to the previous screen showing the text. ‘Dr Alderman, didn’t you send this text to Anna in order to lure her to your home so you could make another sexual advance on her?’
‘No.’
‘But doesn’t the text read, “Anna, will you meet me at my house at 9:15?” ’
‘Yes.’
Linda frowned. ‘I’ll ask you again, didn’t you send this text to Anna in order to get her to your home?’
‘No.’ Noah blinked, waiting for the next question. He couldn’t see Thomas because Linda was standing in front of him, blocking his view. He suspected she was doing it intentionally.
‘Then what did you mean when you texted Anna, “Anna, will you meet me at my house at 9:15?” ’
‘I didn’t send this text. It came from my phone, but I didn’t send it.’
‘Pardon me?’ Linda’s mouth dropped open. Spectators in the gallery looked surprised, and the courtroom sketch artist started scribbling. Thomas hadn’t wanted him to go here, but he had no choice.
Maggie still was nowhere in sight.
Chapter Eighteen
Maggie, Before
Maggie drove home with Anna, who looked fresh and pretty with her hair in a ponytail. She had on a cute blue-checked sundress that matched her eyes, with a jeans jacket. Maggie had never been happier. She never would’ve believed she was driving home with her daughter.
‘This is the street,’ Maggie chirped like a tour guide. ‘Merion Avenue.’
‘Oh, it’s so nice! And there’s so many trees.’
‘Wait’ll you see my garden.’
Anna looked over with a smile. ‘I always wanted to learn how to garden.’
‘Me too,’ Maggie said, and they both laughed. She steered downhill toward the house, passing the old stone homes and massive oak trees. Her neighbors were clipping hedges, mulching beds, and unloading SUVs. None of them knew she had a daughter, but they would find out soon enough.
‘Is our house on the right or the left side?’
Our house. ‘The left. There, with the yellow shutters.
‘And let me give you the heads-up about something. Caleb has apraxia, which means that his speech might sound a little slow or halting.’
‘Oh.’ Anna looked over. ‘I saw something about that on your Facebook page. When he got that award.’
‘Right.’ Maggie thought back to the ceremony, which their speech pathologist had organized. ‘He’s doing really well. Just be patient with him. He can be self-conscious around new people.’
‘Of course, no problem.’
‘Thanks.’ Maggie steered the packed Subaru into her driveway, noticing the front door opening. She had texted Noah when they had landed at the airport, and he’d texted back his characteristic OK.
‘What a nice house!’ Anna looked around.
‘There’s the boys.’ Maggie cut the ignition as Noah and Caleb came out of the house. ‘Hey guys, come meet Anna!’
‘Welcome home, ladies!’ Noah hustled toward them with a huge grin, and Maggie got out of the car, seeing as Anna must, the perfect suburban stepdad in a white polo and pressed khakis, like a Dockers ad, but sexy.
Noah gave Maggie a big hug. ‘Babe, I’m so happy! This is a great day!’
‘Isn’t it?’ Maggie let him go, gesturing to Anna. ‘Noah, meet Anna. Anna, Noah and Caleb.’
‘Anna, welcome, it’s wonderful to meet you!’ Noah extended a hand, and Anna shook it with a grin.
‘Thank you so much for having me.’
‘Mag, we got pizza!’ Caleb shouted, wrapping his skinny arms around her. ‘It’s a surprise!’
‘Not anymore.’ Noah laughed.
‘Great idea!’ Maggie hugged Caleb back, realizing she hadn’t had a chance to prepare him to meet Anna. ‘Caleb, this is Anna, my daughter. I told you about her. She’s going to live with us.’
‘Anna, do you like pizza?’ Caleb looked up at her, with a shy smile.
‘Yes, pizza is my favorite.’ Anna grinned down at him.
‘What toppings do you like?’ Caleb asked, his speech remarkably smooth.
‘I like it plain.’
‘Me, too!’ Caleb practically exploded with happiness, and Maggie and Noah exchanged looks. Ma
ggie could tell that Noah had drilled Caleb on the sentences, which was another trick they’d learned, anticipating phrases and sentences that would be needed with new people. Plus, Caleb loved pizza, which was undoubtedly why Noah had ordered some to be delivered. Maggie felt a pang of gratitude for her husband and touched his arm.
Noah put his arm around Maggie. ‘Come inside, we have something to show you.’
‘That’s a secret!’ Caleb ran ahead toward the front door, pumping his arms, and Maggie knew he was showing off for Anna, which she thought was adorable.
‘Come on in,’ Noah said, holding open the door, and Caleb, Anna, and Maggie trundled inside, then Noah closed the door behind them. ‘Caleb, let’s give her a quick tour before the surprise.’
‘Okay.’ Caleb deflated.
Maggie took the lead. ‘This is the family room,’ she said, gesturing. The room was large, with a warm pine floor, a navy-patterned Karastan, and navy-plaid couches grouped in front of a fireplace with a brick surround. The ceilings were high, and the room was light and airy, owing to a panel of windows in the front and side.
‘Here’s the dining room, which we never use.’ Maggie walked them through the dining room, dominated by an Irish farm table she had bought in New Hope. It had a rustic finish and matched a pine credenza under a panel of windows on the right.
‘Love the table.’ Anna ran a fingertip along the surface.
‘Now for the kitchen.’ Maggie led them to the kitchen, ringed by white windowed cabinets and white-granite countertops. The back wall had a sunny southern exposure. ‘We added the windows over the sink so I can see the garden.’
Noah interjected, ‘It took forever.’
‘Only five months.’ Maggie patted the kitchen island, where they ate most of their meals. It had only three stools, so she made a mental note to get another one. ‘And we added the island, which has bookshelves for cookbooks. How cool is that?’
‘Very cool.’ Anna peeked at the cookbooks. ‘Lidia Bastianich. My Housemaster watches her TV show.’
Caleb shifted his feet. ‘Can we show the surprise now?’
Maggie and Noah started to answer, but Anna stepped forward with a grin.
‘Caleb, I want to see my surprise! Lead the way!’ Anna held out her hand, and Caleb tugged her out of the kitchen toward the staircase.
‘Right behind you.’ Maggie looked over at Noah, who put an arm around her.
‘We’re off to a good start,’ he whispered in her ear.
‘I know,’ Maggie whispered back, and they headed toward the stairs after Anna and Caleb. Maggie and Noah reached the second floor to find Anna and Caleb in the hallway and went to them, looking inside the room. It used to be Noah’s home office, but it was completely empty, and on the wall was a poster handmade by Caleb with crayoned letters that read: ANNA’S ROOM!
Maggie felt so touched. ‘Honey, when did you do all this?’
Noah shrugged with a smile. ‘Last night. Caleb and I did it together.’
‘Where’s all the furniture?’
‘In the basement. It made sense to give her my office since it has a bathroom and the train room doesn’t.’
Caleb ran to his poster. ‘Look, Anna!’
Anna burst into delighted laughter. ‘This is so sweet! I love my poster and room. This is twice the size of my old room at school!’
‘And look!’ Caleb pointed at the border of the poster, where he had drawn small beds, chairs, lamps, and Wreck-It Ralph. ‘This is our cat. He sleeps on my bed. That’s how he is.’
‘Thank you.’ Anna grinned. ‘I didn’t know you had a cat. I love cats!’
‘Look. Your bathroom.’ Caleb ran to the bathroom to turn on the light switch. ‘I have a bathroom. We both have bathrooms.’
‘I have my own bathroom?’ Anna caught Maggie’s eye with a surprised smile. ‘At school, I shared with three other girls.’
‘Eeew!’ Caleb screwed up his nose, and looking on, Maggie couldn’t remember the last time she had been this happy, feeling everything come together. She owed a big hug to Noah, who had put Caleb and Anna first, which was so like him.
Anna frowned slightly. ‘Noah, I hope I didn’t cause too much trouble.’
Noah waved her off. ‘Not at all. We had a good time, and the basement is finished.’
Maggie interjected, ‘This is only one of the reasons why my husband is the greatest guy in the world.’
Anna’s forehead eased. ‘Well, thank you. I really appreciate it.’
Maggie asked, ‘Do you want to paint the walls? The white is boring, don’t you think?’
‘I’d love to! What color?’
‘Whatever you want! We’ll get the bedspread and see what you think. It’s your room, so it’s your decision. I can stop by the paint store and get some samples.’
Caleb grabbed Anna’s hand, beaming up at her. ‘Come see my train room!’
‘Did you say training room?’ Anna looked down at him with a puzzled smile.
‘No! Come and see!’ Caleb tugged Anna out of the room and down the hall.
‘I’m glad you’re happy, babe.’ Noah smiled down at her, moving a curl from her eye. ‘I love you.’
‘I love you too,’ Maggie said, meaning it more than ever.
‘You got what you wanted, huh?’
‘I fished my wish!’ Maggie said, borrowing a line of Caleb’s.
Laughter came from down the hall, and Maggie and Noah walked to the train room, where Noah and Caleb had built a setup for model trains, with a town surrounded by fake trees and a lake that Ralph used as a water dish.
‘Anna, look!’ Caleb twisted the dial on the transformer, switching the model locomotive to new track.
‘Amazing!’ Anna glanced back at Maggie with a grin.
‘Isn’t it great?’ Maggie appreciated that Anna was being so nice about Caleb’s trains. Noah had started Caleb on them to build his self-esteem, because it was a nonverbal activity.
Caleb tugged Anna’s jacket. ‘Want to try? I can show you how. It’s easy.’
‘Thanks.’ Anna accepted the box, and Maggie edged back, taking Noah with her into the hallway.
‘I think he likes her, don’t you?’
‘Absolutely.’
‘Isn’t she pretty?’ Maggie smiled.
‘She’s beautiful.’ Noah touched Maggie’s cheek. ‘Like her mom.’
Maggie nodded happily. ‘She has my dimples, did you see?’
‘I sure did,’ Noah said with a smile.
Chapter Nineteen
Noah, After
TRIAL, DAY 5
‘I didn’t send Anna that text,’ Noah repeated, firmly.
Linda motioned to the screen, which read,
Anna, will you meet me at my house @915 tonight? I’m sorry and I want to work this out. Please don’t tell your mother.
‘Dr Alderman, is it seriously your testimony that you didn’t send this text to Anna?’
‘Yes.’
‘Oh, are you merely being precise again? Did you write the text but not send it?’
‘No. I neither wrote nor sent the text.’
Thomas jumped to his feet. ‘Your Honor, objection as to authenticity and hearsay. This is the problem that Koch was intended to prevent. Dr Alderman is testifying that he is not the author of the text.’
Linda faced Judge Gardner again. ‘Your Honor, these are two separate issues. It’s clear under Koch and the rules of evidence that the text is authentic and it is therefore admissible. Dr Alderman is free to claim, as he just has, that he is not its author. That does not go to its admissibility, but rather to its weight.’
Judge Gardner nodded. ‘The objection is overruled.’
Thomas sat down, and Linda turned to Noah, her eyes flashing darkly. ‘Dr Alderman. I remind you that you are under oath, and ask you again, did you or did you not send this text?’
‘I did not.’
Linda stepped back. ‘If you didn’t send the text, who did?’
‘I do
n’t know,’ Noah answered, but that was a lie. But he was trying not to get into that, per Thomas’s instructions.
‘Are you really trying to convince this jury that you did not send a text that clearly came from your own phone?’
Thomas rose. ‘Your Honor, objection, asked and answered. The prosecutor is badgering the witness.’
Linda whirled around to face Judge Gardner, whose lined forehead had buckled with confusion. ‘Your Honor, cross-examination is a time-honored engine of truth –’
‘The objection is overruled. Please proceed, Ms Swain-Pettit.’
‘Thank you, Your Honor.’ Linda turned on Noah. ‘Dr Alderman, are you trying to suggest that someone else sent this text from your phone?’
‘I believe that’s what happened.’
‘But didn’t you just tell Judge Gardner that no one else uses your phone?’
‘I told him that no one else routinely uses my phone.’
Linda’s eyes narrowed. ‘Was your phone out of your possession at the time this text was sent?’
‘Yes.’
‘Where was your phone at the time this text was sent?’
‘In my car, parked at the gym.’
‘Is it your testimony that you left your phone in the car while you went to the gym?’
‘Yes.’
Linda signaled to her paralegal. ‘Allow me to show you Commonwealth Exhibit 47, which has been previously admitted. Please take a moment to examine it.’
Noah eyed the screen, which changed to an entry log at the gym, with his name next to the time he swiped in. ‘I’ve examined it.’
‘Dr Alderman, this document shows that you swiped in at 7:10 P.M. on the night Anna was murdered, does it not?’
‘Yes.’
‘You testified that the text was sent at 6:55 P.M., the night Anna was murdered, did you not?’
‘Yes.’
‘Yet your testimony is that you did not send the text, though you had time to do so before you swiped in to the gym?’
‘Yes.’
Linda pursed her lips. ‘Why did you leave your phone in your car while you were at the gym?’
‘There’s never any free lockers at that hour, and there’s no reason to risk it being stolen in the gym.’