“No. As I said, she talked to me at eight-forty-five this morning. She told me what happened. I bumped another witness I’d prepared who was suddenly irrelevant and decided I had to put Caitlin on the stand.”
“I want to cross-examine her,” Yuki said. “I have to discredit her testimony.”
The judge said, “Hang on, Yuki. Let me tell you what Caitlin said in the half hour I just spent with her. This is for your benefit.”
“Your Honor?”
“Caitlin told me that her father had been molesting her. She was explicit. And I mean convincingly so. She knew where the gun was hidden. She saw an opportunity and she shot him.”
“You believe her?” Yuki asked.
“I couldn’t trip her up — and I tried. According to Caitlin, her mother heard the shots, found the girl holding the gun, and told her to wash up, go to her room, and never tell anyone what happened. Then, still according to Caitlin, her mother fired the gun outside the front door and called the police.”
“Huh. Good story,” said Yuki. “So, what made Caitlin decide to talk?”
“She said she wanted to tell the truth.”
Hoffman leaned forward in his chair.
“Byron. Your Honor,” he said. “We have an admission exonerating my client,” he said. “I move to dismiss.”
&nb
sp; Chapter 94
YUKI STARED THROUGH the judge, her thoughts swirling in something that was pretty close to panic.
She didn’t want a dismissal, not after all that she’d been through on this case, not when she believed she had the killer on trial. Dammit. If the judge dismissed the case, what then?
Was she going to go after the little girl? Would she really try to prosecute an eleven-year-old who was claiming incest and rape?
If so, based on what?
The only evidence against Caitlin was her testimony. No one had seen her shoot the gun. And even if Candace Martin did say that Caitlin was the shooter, the case was so fraught with reasonable doubt, the grand jury might not indict.
On the other hand, Yuki thought, if the judge didn’t dismiss, Yuki would have to do that high-wire act Len had talked about. Turn that abused child into a liar. The jury would hate her for it, and if they believed Caitlin’s story, Candace could walk free.
“Yuki. You want to say something?”
Yuki said, “Yes, I do, Your Honor. I certainly do. There is not a single shred of evidence to support Caitlin’s testimony, and if her story is true, why is it coming out only now?”
Phil turned toward her and said, “Let’s be logical, Yuki. There is more than enough reasonable doubt. We both know if the trial goes on, there’s an excellent chance Candace will walk.”
The judge said, “Let me make it easy for both of you. It comes down to this: Major new evidence has come in. I’ve decided to dismiss.”
If LaVan dismissed, it was all over — forever. Candace couldn’t even be tried again because it would be double jeopardy. Yuki suddenly saw an opening, a slim sliver of hope.
“I respectfully suggest that you not dismiss, Your Honor, but instead suspend the trial.”
LaVan swiveled in his chair, pulling at his lower lip. The moment lasted for so long, Yuki thought she might scream.
“Okay,” LaVan said. “I’ll suspend the trial for sixty days. During that time, the defendant is free on bail. Yuki, go back to the DA and discuss this … mess. Really look at the downside of going forward. If you want to cross-examine Caitlin Martin, I’ll go along with you.
“Otherwise, based on Caitlin’s testimony, I’m going to call a mistrial. Okay? That should work for all parties. The ball’s in your court until December tenth.”
“Okay, Your Honor,” Yuki said. “Thank you.”
“You’ve got a lot to think about.”