Page 214 of Fading Away

Page List
Font Size:

“Fourth—opportunity.

On the night Caroline disappeared, David Mercer was one of the last people known to have seen her alive. No one ever heard from her again.”

“And finally—after eight years—physical evidence.

“You will hear about a place called Riverbend. At the time of Caroline’s disappearance, it was an undeveloped construction site. A witness will tell you Mr. Mercer said that’s where he buried her—and you will hear what investigators uncovered there after all those years.”

Reid’s voice stayed even.

“At the end of this trial, after you’ve heard all of that, the State will ask you for the only verdict the evidence supports.

“Guilty.”

He nodded once.

“Thank you.”

Reid stepped back toward counsel table.

Judge Harlan nodded.

“Ms. Harper.”

Eleanor rose slowly.

She walked to the same rail Reid had just left, resting her hands lightly on it. For a moment, she said nothing.

“Ladies and gentlemen,” she said calmly, “you just heard a very confident story.”

She glanced briefly toward the State’s table.

“It’s a good story.

“But stories are not evidence.

“Let me tell you what the evidence will not show.

“Because that matters just as much as what he wants you to believe.

“First—for eight years, no body.

“Law enforcement searched. Tips came in. Investigators followed every lead they could find. And for eight years, not a single trace of Caroline Simms was discovered.

“Second—no forensic evidence tying David Mercer to a murder.

“No DNA. No weapon. No physical proof that he killed anyone.

“Third—a bitter witness.

“You’ll hear from a former girlfriend. She will admit she was angry. She will admit she waited nearly six years after the end of that relationship before deciding to come forward.

“And fourth—a podcast.

“You’ll hear about a show that has built an audience—and a business—on accusing David Mercer of murder.

“You will hear speculation. You will hear opinions.

“But speculation,” she said quietly, “is not proof.”