Judge Gardner blinked. “Ms. Swain-Pettit, are you saying that you have the victim’s actual testimony on audio?”
“Yes, exactly.”
Noah held his breath. It would be terrible if they played Anna’s PFA testimony, her voice echoing throughout the courtroom. She had testified that day, so credibly. It would kill Maggie and convict him, for sure.
Thomas scowled. “Your Honor, I object. This is outrageous. It’s hearsay and it violates an array of my client’s constitutional rights, including the confrontation clause. In addition, why wasn’t I notified about this audiotape? I haven’t had a chance to review it and neither has my client. It’s been almost seven months since he was arrested. Does the prosecutor expect us to believe that she happened to locate itjust now?”
Judge Gardner shifted his gaze to Linda. “Ms. Swain-Pettit?”
“Your Honor, I only got this case four months ago. Nobody before me even asked about getting the audiofile. You know how this courthouse works, some of the courtrooms have the systems working and some don’t and—”
Thomas interjected, “Your Honor, if you’re believing this, I have a bridge I can sell you.”
Linda ignored him. “—then they had to find the transcription specialist, and we’ve outsourced some of it, so it was a slog. The audiotape was just found two days ago. I would’ve notified defense counsel, but I didn’t know that he was going to call his client to the stand.”
Noah saw the jury craning to hear, which wasn’t difficult since Linda was intentionally raising her voice.
Thomas shook his head. “Your Honor, the prosecutor should’ve spoken up the moment I put my client on the stand, which she did not. Further, I object to playing the raw audiotape because it is completely prejudicial. It’s like the victim would be speaking from the grave, and it will unduly inflame the jury.”
“Your Honor,” Linda said, in a quieter tone. “This jury is entitled to the truth, and there is no better way to get the truth than through Anna’s own words. It’s not hearsay because it comes in under the exception and it doesn’t violate the confrontation clause because the defendant had a chance to cross-examine at the PFA hearing. At the heart of this case is a credibility contest, but I’m hamstrung here because the victim is dead—”
Judge Gardner cut her off with a hand chop. “Ms. Swain-Pettit, your request is denied. The audiotape is a different matter than the transcript. It goes too far. Mr. Owusu, your objection is sustained.”
“Thank you, Your Honor.” Thomas turned from the dais, and Noah knew they had just dodged a bullet. It was a rare victory for them, but at least they had points on the board. Except that the jury had heard they were being deprived of Anna’s own words.
“Thank you, Your Honor.” Linda signaled her paralegal. “Dr. Alderman, I am calling to the screen Commonwealth Exhibit 52, a transcript of the PFA hearing.”
Chapter Twenty-eight
Maggie, Before
Maggie drove while Anna sat plugged into her phone, but she knew from driving Caleb around that moms were Uber without the tip. They approached Lower Merion High School and the district administration building, a massive low-profiled rectangle with several different wings, encircled by well-trimmed hedge, mulched beds of forsythia, and a lush lawn. An American flag flapped on a tall pole, and in front was a sign painted by the theater students advertising the spring show,Oklahoma!
“I loveOklahoma!” Maggie said, glancing over. “Have you seen it?”
“No.”
“The song, ‘Oh, What a Beautiful Mornin’ is fromOklahoma!Itisa beautiful morning, isn’t it?” Maggie smiled, trying to be cheery. In fact, it was cool and sunny, and this morning when she’d checked the garden, she’d spotted buds on her peonies, balled like tiny fists.
Anna started texting, and Maggie looked over, wondering.
“Anna, if you don’t mind my asking, who are you texting?”
“I’m not, I’m using my app. It’s called Calm. Ellen turned me on to it.”
“How does it work?”
“You choose what you’re interested in, like calming your thoughts, reducing anxiety, helping you sleep, or building self-esteem.”
“So what did you choose?”
“All of the above.” Anna smiled.
“I had no idea they had apps like that.”
“I have a ton.” Anna started scrolling through her phone. “Pacifica, Chill, Relaxed State, Nervana. Jamie really loved Nervana. She was into the breathing and meditation apps like Headspace. Her parents worried she’d commit suicide, but she never would. They had her on the suicide-prevention apps like Crisis Care and some others.”
“There are apps for suicide prevention?” Maggie felt a pang for teenagers in so much pain. From her postpartum days, she knew how it felt to have anguish you couldn’t wish away.
