“High school has always been complicated for high school girls,” she continues. “I know it was for me. I just assumed that she still had feelings for him.”
“But this was more than just an old feeling coming on strong, wasn’t it?” I smile again. “Truth be told.”
“I’m not sure what you’re asking me.”
“The question,” I say, “is when did you become aware that Lily was having an affair with my client?”
Her eyes narrow. “You mean when he was having a sexual relationship with herdaughter?”
She steps as hard as she can on the word “daughter.”
“That’s changing the subject, isn’t it?” I ask.
“Is it?”
I knew the risks of this line of questioning before I got out of my chair, but in moments like these, it always comes down to risk and reward, the same old tightrope. But I feel as if the reward is going to be worth it.
“Respectfully,” I say, “I wasn’t asking about my client’s relationship with Lily’s daughter. I was asking about his relationship with Lily.”
“I knew they were having an affair, yes,” she says. “Exactly when I knew, I can’t say.”
“But you did know she was cheating on her husband.”
Julie Barry doesn’t immediately respond, but shifts just slightly in her chair.
“It’s a pretty simple question,” I say, “but I’m happy to repeat it.”
“I knew, okay? Iknew,” she says. “But I want it made clear that it is not my intent, even as I’m doing my best to answer your questions honestly, to dishonor my friend’s memory.”
“I completely understand,” I say, trying to make my tone sound reassuring. “And if you weren’t under oath, and if myclient wasn’t on trial for murder, I happilywouldchange the subject. But he is on trial for murder. So I can’t. And we can’t.”
She briefly tents her fingers underneath her chin, almost as if giving herself a moment to regroup.
“It was well known in our circle that even while living in the same house, Lily and Hank had been living separate lives for some time,” she says. “Another way of putting it is that it wasn’t a very well-kept secret that both of them saw other people from time to time.”
I nod.
“Other people,” I say.
“Yes.”
“So in addition to my client, there were other men in Lily Carson’s life, weren’t there?”
She shifts again in her seat. “I tried not to judge,” she says. “But yes.”
“Then let me ask you this,” I say. “Are any of those other men with whom Lily Carson was sleeping around on trial for her murder?”
Wait for it,I think.
Three … two …
“Objection!” Katherine Welsh says. “That is a ridiculous question, even for opposing counsel. For whom, I have to admit, I now set a pretty low bar.”
“Sustained,” Judge Horton says. “Let me put this in language I’m sure you’ll understand, Ms. Smith: Cut the crap.”
Whoa.
“I withdraw the question,” I say, “and have nothing further for this witness at this time.”
