Authors: Leslie Dana Kirby
(Saturday, August 26)
Lauren spent the weekend preparing for her testimony.
Candace warned Lauren that the cross-examination would be vicious. “They'll ask you trick questions like âDo you still beat your dog?' If you respond with an indignant âno,' they'll make it look like you admitted that you once beat your dog.”
Candace role-played the defense attorney and Kyle played the role of prosecutor. As she practiced her testimony, Lauren got tongue-tied several times. They coached her through it. On cross-examination, Lauren was instructed to pause to allow Candace time to object before she answered the question. Conversely on direct examination, she should answer quickly before the Defense had an opportunity to object. Even if her answer was subsequently stricken from the record, her words would still linger in the jurors' memories.
In her role as the defense attorney, Candace asked rapid-fire questions, knowing the real Defense would do the same in order to make Lauren look confused, short-tempered, or deceptive. Lauren gradually caught on, improving her response style significantly. Lauren had secured the whole weekend off from work and the sessions ran late on Saturday night. After midnight, they all began to feel a bit punchy.
“Isn't it true you envied your sister's lifestyle?” Candace threw at her.
“No, Liz⦔
Candace interrupted with another question, “Isn't it true that you killed your sister for the life insurance?”
“No, I wouldn't⦔
Candace interrupted again. “Isn't it true that Jake Wakefield has a tiny pecker?”
The three of them exploded into fits of laughter before Candace announced, “I think we can break for the night.”
(Monday, August 28)
Detective Boyd knocked on Lauren's front door promptly at seven on Monday morning.
The Wakefield case was the most covered court case since the O.J. Simpson trial of 1995. Traffic congestion would make it very difficult to get to the Maricopa County Superior Courthouse, where all high-profile cases were held. The detectives had been assigned to drive Lauren to court each morning. Lauren voiced concern that chauffeuring her to court was excessive, but Candace insisted that the public needed to see that the Scottsdale Police Department supported Lauren. Because of the enormity of the case, Detective Boyd had been assigned to attend the trial full-time so evidence could be researched on a same-day basis when necessary. Already assigned to the trial, he would double as Lauren's driver.
The usual gaggle of reporters was loitering in the parking lot of Lauren's apartment complex. Lauren ducked her head as countless photos captured her sliding into Boyd's government-issued vehicle, a dark blue sedan.
There was an iced chai tea sitting alongside Boyd's own Starbucks coffee cup.
“How did you know I drink chai tea?”
“Oh, I'm sorry. Didn't you hear? I'm an investigator. It's been all over the news.”
Lauren laughed. They sat in awkward silence for a few beats before Boyd asked, “So, did you take some time off work in order to testify?”
“Nah, I'm scheduled to work an overnight shift tonight.”
“I hope you're kidding.”
“Actuallyâ¦I am,” she admitted. “I am off for the duration of my testimony. After that, I am going to work from six p.m. to midnight on weekdays and noon to midnight on weekends.”
“Is that all?” Boyd joked. “I was worried that you might be planning to keep your usual hours.”
“You're one to talk. You must be getting up at the crack of dawn in order to pick me up. And driving me around is extra duty on top of your regular work tasks.”
“Ah, no worries. This court assignment is a great gig. How often do I get to focus on just one case instead of dividing my attention between several? Wallace is the one who drew the short straw.”
“I don't mean to sound ungrateful, but driving me to and from court seems like overkill.”
“Excellence. Initiative. Integrity.” Boyd quoted. “It's what we do.”
Her chai tea was refreshing as they debated where the court traffic would begin. They were both wrong by several miles. Traffic was backed up well over ten miles with journalists, entrepreneurs hawking Free Jake memorabilia, and spectators all trying to secure a golden ticket into the “Trial of the Century.” Boyd had to turn on his police lights and drive down the breakdown lane to reach the courthouse on time.
“Okay, I concede. Maybe it really is necessary for you to drive me to court. I never would have made it on time,” Lauren admitted.
The Maricopa Superior Court tower was a massive multi-story building with copper facades. THE FIRST DUTY OF SOCIETY IS JUSTICE was spelled out in bold letters across the building. Boyd held his badge out in his left hand to force his way through the crowds outside and he ushered Lauren in with his right arm.
The courtroom was already packed when Lauren and Boyd took their reserved seats in the front row behind the Prosecution table. Jake was already seated at the Defense table, looking sharp in a new suit. His parents, perfectly dressed and coiffed, sat in the front row behind him. Jake did not so much as glance in Lauren's direction, but Lauren did catch eyes with Buffy Wakefield. Lauren smiled out of habit. Buffy's eyes ran up and down in a disapproving assessment, glared icily, and turned away.
Candace and Kyle had their heads together, reviewing notes in front of them. Candace looked stunning in a black suit with a crisp white blouse. Kyle had gotten a fresh haircut and looked somehow more mature today.
At nine o'clock, the court clerk called the court to order. Judge Robles looked appropriately intimidating as he took his seat on the bench.
In her opening statement, Candace provided a meticulous preview of the evidence the State planned to introduce at trial. Lauren already knew the Prosecution's case, but it was compelling to hear all of the evidence woven together so concisely. Jake frequently shook his head as if to dismiss everything Candace was saying.
Candace's presentation had been polished and convincing. She had captured the full attention of the jurors. She wrapped up with a plea to the jury. “You may like the way he looks. You may admire the way he plays baseball. You may find it hard to believe he would throw it all away. But if you decide this case based solely on the evidence, as you have pledged to do, you will find Jake Wakefield guilty of first-degree murder.”
Court recessed for lunch. Candace and Kyle remained in court to address yet another motion filed by the Defense. There was not enough time to leave the mayhem of the courthouse in the allotted time, so Boyd and Lauren dined on a lunch purchased from vending machines. As they ate, Lauren shared her fears about her upcoming testimony.
“You want to hear about the first time I testified?” Boyd asked.
“Of course.”
“I was a brand new patrol officer and I had apprehended a guy driving a stolen car. I was all pumped up because this was my first collar. The prosecutor called me to the stand and asked me where I had pulled the guy over. Since this was my first case, I had prepped for it. I knew I sounded confident and professional. But as soon as I finished speaking, the defense lawyer moved to have the case dismissed for lack of jurisdiction and the judge affirmed it. The bad guy walked out a free man while my head was still spinning. I had forgotten to establish jurisdictional boundaries.”
Lauren's face betrayed her confusion.
“A cop has to testify he had the proper jurisdiction to make an arrest. I had given the exact location where I pulled the guy over, but had forgotten to mention this was within my jurisdiction.”
“And the guy got off because of that?” Lauren gasped.
Boyd nodded. “The legal system has all sorts of weird loopholes. But I never made that mistake again.”
“If this is you trying to make me feel better about testifying, I think it's backfiring.” They both laughed.
Lauren appreciated his efforts, but she was still overwhelmed with anxiety. Candace had warned her repeatedly that the Defense would try to make her slip up. Saying one wrong thing during her testimony might damage the entire case.
Candace was certain Pratt would take the Defense's opening statement. Kyle was betting on Fisher. It was apparent these two lawyers were battling to be top dog for the Defense team. “There's more adversarialism between Fisher and Pratt than between the Defense and us,” Candace had joked.
When the trial resumed after lunch, Fisher rose to deliver the Defense's opening statement and Candace lost a twenty-dollar bet to Kyle. Fisher looked the part in his well-tailored suit and expensive shoes. The hair at his temples looked more silver than gray. Lauren wondered if he might even dye his hair to make him look more distinguished.
“Ladies and gentlemen of the jury, these false charges boil down to this one thing. A rush to judgment. The detectives in this case were so determined to make an arrest worthy of the front cover of every newspaper in this country that they charged an innocent man, even though the evidence points directly to another suspect. A suspect who had more means, motive, and opportunity. If you listen to all of the evidence in this case, not just the scraps of evidence the Prosecution has forced to fit their version of events, you will find a more obvious suspect. Now granted, if the detectives had arrested anyone other than Jake Wakefield, there wouldn't be as many news reporters covering this story. And that would surely be a disappointment to the Police Department and the County Attorney's office.”
Candace leapt to her feet, “I object! To suggest we would charge somebody in order to garner publicity is outrageous.”
“Overruled,” Judge Robles said. “Ms. Keene, the Defense is permitted to summarize their theory about the facts in the opening statement. And their theory may differ from the Prosecution's.” Many observers in the courtroom laughed. “You may continue, Mr. Fisher.”
Fisher had memorized his opening statement, but the interruption had caused him to lose his place. He stood still for a moment, finally glancing down at the wrinkled note pages he held in his hand.
“If the detectives had arrested this other person, they wouldn't have gotten as much media attention and that would surely be a disappointment.
“Objection, redundant,” Candace whispered to Kyle, who suppressed a laugh.
Fisher shot a dirty look at Candace, regaining his momentum now. “The Defense will show the evidence in this case suggests that Elizabeth Wakefield's own sister, Miss Lauren Rose⦔ Fisher pointed dramatically at Lauren, “â¦had more motive to commit this crime.”
Candace was on her feet, screaming over Fisher's ongoing narrative, “Objection! There is no credible evidence to implicate Dr. Rose.”
“Mr. Fisher, are you prepared to submit evidence to support these claims?” the judge asked.
“We are, Your Honor.”
“Then I'll allow it.”
Fisher continued. “The Defense will not only show reasonable doubt in this case, but the jurors will be left wondering why Mr. Wakefield was arrested instead of Liz's conniving sister.”
The Defense's opening statement confirmed Lauren's worst fears. The pressing need for her to provide convincing testimony the following day settled over her like a wet blanket.
(Tuesday, August 29)
Despite trouble sleeping, Lauren was up before her alarm, which was set for 5:30. As she picked up speed on her morning run, she managed to escape the swarm of reporters along with their rude questions and intrusive cameras. Upon her return home, she showered and slipped into a conservative black dress.
Boyd arrived promptly. The cold chai tea he had waiting for her was refreshing on this muggy August morning. Thunderclouds brewed threateningly in the distance, but rain never arrived.
Boyd offered words of encouragement, but Lauren remained distracted and he soon fell quiet, allowing her time to brood.
Candace and Kyle had deliberated long and hard about whether or not to introduce Lauren's flirtation with Jake. Prosecutors typically preferred to introduce potentially embarrassing testimony on direct examination rather than allowing the Defense to expose it on cross-exam. However, Candace feared the jury would condemn Lauren for getting friendly with Jake so quickly after Liz's death. The silver lining was that the relationship reflected equally poorly on Jake so the Defense would not be eager to raise the issue themselves. Furthermore, cross-examination was limited to issues introduced on direct examination. If the Prosecution did not ask Lauren about the relationship, the Defense probably could not do so either. In the end, Candace and Kyle had decided to avoid the topic altogether, gambling that the Defense would follow suit.
When Boyd and Lauren arrived, Candace whispered last minute reminders before court was called to order.
Lauren was called to testify. She approached the witness stand with a pounding heart and sweaty palms. As she took her seat on the stand, she noted she had a good view from this vantage point. She looked into Jake's eyes for the first time since his arrest. He stared back coldly. There was no recognition on his face, no warmth in his eyes.
Candace started the questioning. “Please state your name and spell your last name for the record.”
“Lauren Nicole Rose, R-O-S-E.”
“And what is your relationship to the victim in this case, Elizabeth Rose Wakefield?”
“She was my sister, only sibling, and best friend.”
“How and when did you learn of your sister's murder?”
“I was notified by Detective Wallace and Detective Boyd of the Scottsdale Police Department. They came to my work on the morning of Sunday, July twenty-fourth, at about six-fifteen in the morning.”
“What was your immediate reaction?”
“I was shocked.”
“Did they tell you how she had been killed?”
“Yes, they said her death was caused by blunt force trauma.”
“Are you aware that several news reports have insinuated you had some involvement in her murder?”
“Yes. I am hurt deeply by those lies. I never would have harmed Liz.”
“Do you have any idea why those news agencies have falsely accused you?”
Pratt interjected, “Objection, Your Honor, speculative.”
“Sustained.”
Candace didn't break stride. “Did the detectives in this case tell you somebody had been leaking false information about you to the press?”
“Yes, they said Jake was responsible for the inaccurate information leaked to the newspapers.”
“And by Jake, you mean the defendant?”
“Yes.”
“Dr. Rose, when is your birthday?”
“September twenty-eighth.”
“And for your birthday last year, did Jake Wakefield give you a gift?”
“Yes. A diamond ring.”
Candace picked up an evidence bag and showed it to Lauren, “Is this the ring?”
The brilliant diamond sparkled beneath the dull plastic of the evidence bag, symbolizing so many lies and empty promises.
“Yes.”
“And did Mr. Wakefield tell you why he was giving you the ring?”
“He told me it used to belong to Liz and she would have wanted me to have it.”
“I have no more questions for this witness, Your Honor.”
Candace deliberately kept the direct examination short with the intention of limiting cross-exam to key topics. Lauren turned expectantly toward the Defense table. She expected the cross-examination to be ruthless, but she didn't know which lawyer would conduct it. Finally, Fisher stood. “Good morning, Miss Rose.”
“Good morning.”
“You've testified that Elizabeth Wakefield was your best friend, is that correct?”
“Yes.”
“How many times did you see Elizabeth over the year prior to her death?”
“I can't say for sure, but I would estimate⦔ Lauren paused to count. Thanksgiving, Christmas, Lauren's birthday, a long weekend or two, a few visits after moving to Phoenix. “About five or six times, but some of them were visits that lasted several days.”
“You only saw your
best friend
five or six times over the course of an entire
year
?” Fisher asked as if this was one of the most absurd statements he had ever heard.
“I was living in California and Liz lived here. We both had busy schedules. We saw each other when we could for birthdays and other special occasions. And we talked on the phone frequently and emailed and texted.”
“So, you saw Liz on her birthday?”
“Not her birthday, no. We got together for my birthday, but I couldn't get away from school for Liz's birthday.”
“Do you know how she spent her birthday that year?”
Lauren paused. How had Liz spent her final birthday? Lauren couldn't distinguish one birthday from another after so much time had passed.
“Not exactly, but I think she did something with Jake and her friends to celebrate.”
“Her real friends, you mean?”
Candace was on her feet. “Objection, argumentative.”
“Sustained.”
“I'll rephrase the question,” Fisher said. “Isn't it true Liz spent more time with other friends than she did with you?”
“At that time? Certainly. I lived in California.”
“Were you jealous of the time Liz spent with her other friends?”
Lauren paused. This was one of those crazy questions that was impossible to answer. Yes, she was envious of others who got to spend more time with Liz, but not in a pathologically jealous manner. “I wish I could have spent more time with Liz, but the distance made it difficult.”
“Move to strike, nonresponsive.” Fisher roared as if Lauren had rattled off a string of obscenities.
“Sustained.”
“Weren't you jealous of the time Liz spent with her other friends?” Fisher repeated.
“No. I was glad Liz was enjoying her life. Her other friends didn't get in the way of our bond. We were unusually close to each other. We've been through a lot together.”
“Meaning you've had a lot of conflict in your relationship with one another?”
“No. Meaning we lost our parents when I was thirteen and Liz was fifteen. That horrific experience brought us closer together.”
“You have testified that Liz was your best friend, is that correct?”
“Yes.”
“And were you Liz's best friend?”
Lauren hesitated. Hadn't she been Liz's best friend? Or would Liz have said Jake?
“Yes, I think so.”
“You
think
so?”
“Yes. I can't speak for her and she isn't here to speak for herself, but I think I was her best friend.” Lauren said to convince herself as much as to convince the court.
“Miss Rose, did you cry when the detectives notified you of your sister's death?”
“I have cried many times about the loss of my sister. I still cry sometimes.”
“I asked if you cried
during
the notification?”
Lauren paused to reflect on that awful morning. “No, I didn't cry at that time. I was still in shock.”
“So, detectives told you that your sister, your only sibling, and your
best friend
had been killed and you didn't cry?”
“Not at that time. As I have said, I cried many⦔
Fisher interrupted. “Did you fall to your knees? Did you scream? Did you cry out in despair?”
“No, it hadn't sunk in yet.”
“So the detectives gave you this devastating news and you failed to react appropriately?”
“I have done many death notifications and I would say shock and disbelief is the most common reaction.”
“Your Honor,” Fisher exclaimed. “This witness is not answering the questions being asked. Move to strike.”
“Sustained.”
“You testified media coverage suggesting your involvement in your sister's death is false, is that correct?”
“Yes, completely false.”
“How many news stories would you say have suggested you were involved in some way?”
“Too many to count.”
“Would you say it's more than one hundred news stories?”
“Yes.”
“More than two hundred?”
“Yes.”
“More than five hundred?”
“Probably. The same ridiculous accusations show up in multiple publications.”
“Out of these hundreds of news stories that accused you of being involved, how many have you filed defamation lawsuits against?”
“My lawyer has filed a few lawsuits on my behalf. I don't know exactly how many.”
“Is it more than five hundred?”
“No.”
“More than one hundred?”
“No.”
“More than ten?”
“No, I don't think so.”
“So, hundreds of false stories have been written about you and you have filed suit against less than ten?”
Lauren took a deep breath. She had to remain calm, which was proving difficult. “News articles are strategically worded in order to avoid lawsuits. They reference unknown sources of information and use the word âalleged' to prevent litigation. How many publications have reported Jennifer Aniston is pregnant when she's not? I don't see her suing all of them.”
“But being accused of being pregnant is somewhat less deplorable than being accused of killing your own sister, don't you think?”
“Absolutely, but my point is that the tabloids know exactly how to avoid defamation lawsuits. I'm pretty sure Jennifer Aniston doesn't have a dozen babies.”
Several jurors chuckled.
“Objection,” Fisher roared. “Nonresponsive. Move to strike.”
“Overruled.”
Fisher moved on. “Isn't it true you were jealous of Liz's lifestyle?”
“No.”
“No?” Fisher pronounced the two-letter word with three syllables. “You have testified that Jake gave you this ring⦔ he shoved the evidence bag in front of her, “â¦on September twenty-eighth of last year. Is that correct?”
“Yes.”
“And did anybody else see him give you this ring?”
“No, we were alone at the time.”
“Of course you were,” he said sarcastically. “It is a gorgeous ring, is it not?”
“Yes.”
“So, who did you show the ring to after he gave it to you?”
“Nobody.”
“You got this beautiful ring for your birthday and you didn't show it to any of your friends or family?”
“I haven't much family left.” Lauren realized she sounded bitter, but she was just speaking the truth. “And I didn't have much opportunity to show it to friends. I was working long hours and I can't really wear rings to work.”
“You can't wear rings to work?” he asked with exaggerated incredulity.
“I take surgical gloves on and off all day long at work,” she answered. “That's hard to do with rings, especially big rings, without ripping the latex.”
“Isn't it true the reason you never showed the ring to any of your friends or family was because you stole that ring on July twenty-third after killing your sister?”
“No.”
“Isn't it true you aggressively pursued a romance with Jake Wakefield shortly after your sister's death?”
“Objection,” Candace shouted, jumping to her feet. “Beyond the scope.”
“Sustained.”
Fisher turned back to Lauren, “Isn't it true you killed your own sister because you were jealous of her and you wanted to inherit her money, marry her husband, and live her life?”
Lauren struggled to maintain her composure. “No, nothing could be further from the truth.”
The judge was already sustaining Candace's objection before Lauren could finish speaking, but she was able to get all of the words out anyways.
“Mr. Fisher, you are reminded to limit your cross-examination to the scope of the direct examination,” Judge Robles admonished.
“Your Honor, this witness has material information about this case,” Fisher complained.
“Unless it was introduced in direct examination, you can't ask about it now,” Robles said. “You may recall this witness as a Defense witness if you so choose.”
“We intend to do that.”
“Very well,” said the judge.
Silence settled over the courtroom.
“Do you have any more questions for this witness at this time, counselor?” Judge Robles prodded.
Fisher pulled his shoulders back defiantly. “Not at
this
time.”
“Re-direct, Ms. Keene?” the judge asked.
“Just a few,” Candace replied. “Dr. Rose, did you know your sister listed you as the sole beneficiary on her life insurance policy?”
“No, apparently she changed the beneficiary from Jake to me shortly before her death, but I didn't learn about that until after she died.”
“Do you know why she changed her beneficiary?”
“No, but I have an idea.”
“Objection, calls for speculation,” Fisher interjected.
“Sustained.”
“Dr. Rose, did you collect your sister's life insurance policy?”
“Yes, but I didn't keep it.”
“You didn't keep it?” Candace asked incredulously, although of course she already knew this.