Page 94 of Fifty-Fifty

Kate’s pen, which had been moving across the page, making notes of every word of evidence given by Detective Soames, suddenly halted.

Soames had not previously disclosed any conversation with the defendants at the scene. It wasn’t in his deposition. This was all new. She shot a look at Eddie and saw his jaw tighten, the muscles creasing above the jawline. He hadn’t seen this coming either.

Both were in uncharted territory.

‘Who did you speak to first?’ asked Dreyer.

‘I spoke to Alexandra Avellino.’

‘And what did she say?’

Before Soames turned his head away from Dreyer, and delivered his answer to the jury, he gave Kate a passing look. Kate knew, right then, this was bad.

‘Can I refer to my notes?’ asked Soames.

The judge and Dreyer nodded. Soames reached into his jacket pocket and produced a notebook. Copies had not been served on Kate, and she doubted Eddie had seen them either.

‘Alexandra said – Arrest that bitch. She killed my father. She’ll kill me. I noted this and then I spoke to Sofia Avellino.’

‘What did Sofia Avellino say?’

‘She said – You have to arrest Alexandra, she did this. She’s evil. She’s ruined my life.’

Dreyer nodded.

This wasn’t as bad as Kate had first thought. The accusations kind of cancelled each other out – but only so far.

‘Before we go on to talk about the crime scene, I noticed that when you spoke to the defendants at the scene, neither Sofia Avellino nor Alexandra Avellino asked about their father’s condition. Did you tell either of them he was dead?’

‘I did not.’

‘And at any point, either at the scene or in the precinct during questioning, to your knowledge, did Sofia Avellino or Alexandra Avellino ask about their father’s current medical condition?’

‘No, sir. They did not. I guess they already knew because—’

‘Objection,’ said Kate. ‘The officer’s guesses are not evidence. He is not giving expert testimony.’

Kate’s knees had already bent, and she was in the process of sitting down, her objection clear, precise and one hundred percent correct when she heard Judge Stone say, ‘Overruled.’

Kate got back up, ‘Your Honor, the witness is speculating on—’

‘Miss Brooks,’ said Stone, ‘I realize you are not overly familiar with courtroom proceedings, but your objection has been ruled upon. This is a highly experienced homicide detective who has no doubt attended at hundreds of serious crime scenes and spoken to thousands of people at those scenes over the long course of his distinguished career. If he wants to give his opinion on this matter, the court would welcome it.’

Kate felt like she was five years old. Knowing the rules, and expecting the judge to abide by the rules in the real world, appeared to be two different things.

She had to learn fast.

‘Sorry, could you repeat your answer, detective?’ said Dreyer.

‘Yes, whenever we speak to relatives of the victim, it’s my experience they just want to know if that person is still alive. Doesn’t matter how badly they appear to be injured, it’s always the first thing they ask. They’re hoping, beyond hope, that their loved one is still going to make it. In this case, it was unusual that neither of them asked if Frank was still alive. Highly unusual. I think that’s because they both knew he was already dead.’

‘In both 911 calls they say their father was attacked. They don’t say he is dead, is that correct?’

‘Correct. They would also know that all 911 calls are recorded.’

‘And did they ask for a paramedic in the 911 calls?’

‘Yes, both of them asked for an ambulance.’