Trial Junkies

Abernathy looked like a man who had just been hijacked by pirates. 'Ms. Overman, did you not tell me in a recent conversation about an incident with a-?'

'Objection, Your Honor. Leading the witness.'

'Sustained.'

Abernathy checked his notes, then said, 'Ms. Overman, do you recall a time back then when the defendant possessed a weapon?'

'A weapon?'

'A gun,' Abernathy said. 'Or, more specifically, an air gun.'

Waverly was on her feet now. 'Objection. Your Honor, I don't really see the point to this testimony.'

The judge eyed the ADA. 'Mr. Abernathy?'

'I'm simply trying to establish a pattern of behavior that the defendant engaged-'

'And how does a single incident form a pattern?' Waverly asked.

Abernathy glared at her. 'It has to start somewhere, doesn't it?'

'All right,' O'Donnell said. 'Everyone calm down. The objection is overruled. I'm going to allow Mr. Abernathy to proceed. But only with caution.'

'Thank you, Your Honor.' Abernathy turned to Nadine. 'While you were living in that house together, sharing a room, did Ms. Baldacci ever possess an air gun?'

'Only for a day or two,' Nadine said. 'It belonged to her boyfriend and he forgot it one night.'

'And did she ever threaten you with that gun?'

'No,' Nadine said. 'She didn't.'

Abernathy stared at her, his frustration clear. 'You're under oath, Ms. Overman.'

'Which is why I'm telling the truth,' she said.

Her ability to lie so easily was surprising to Hutch. Or had she been lying to him the other night? She certainly wasn't under oath at the time. Had he been right when he'd accused her of exaggerating the incident out of grief?

Abernathy didn't look happy. 'So you're saying that the statement you made to me not two months ago was a lie?'

'Objection. Facts not in evidence.'

'Sustained.'

Abernathy made a show of his irritation, then glanced again at his notes, taking the time to regroup. 'Ms. Overman, approximately six weeks ago you called my office and asked to speak to me about the case at bar, did you not?'

'I did,' Nadine said.

'And as a result of that call, we agreed to meet at the Ballinger Restaurant in Wicker Park, did we not?'

'We did.'

'And did we indeed meet?'

'Yes,' Nadine said.

'And what was the topic of conversation during that meeting?'

'It mostly centered around a phone call I received from Ronnie Baldacci about a month before Jenny was murdered.'

Abernathy looked relieved. 'And can you tell us about that call?'

'I was at home, going over some paperwork for the Evanston development when Ronnie called my cell phone. We hadn't spoken in quite a while, so I was surprised to hear from her.'

'And what did she say to you during this call?'

'Well, a lot of it was incoherent. She was obviously drunk.'

Abernathy gave her a tight smile. 'Tell us about the coherent parts.'

'The gist of it had to something to do with a play she'd attended a couple nights before. During intermission she had run into Jenny and I got the impression that the two of them had gotten into a fight over Ronnie's custody case-although this was all coming out in bits and pieces. I had to decipher it as I went along.'

'Did Ms. Baldacci threaten you or Ms. Keating during this call?'

Nadine thought about this. 'She definitely called me a few names, but I'm not sure any of it could be considered a threat.'

'What sort of names?'

'To be honest, I don't recall. The usual assortment, I guess. Like I said, she was drunk.'

Abernathy's jaw clenched. 'Your Honor, may I have the court's permission to treat this witness as hostile?'

O'Donnell blinked at him. 'She seems to be answering your questions openly and honestly, counsel. Request denied.'

'But her answers aren't consistent with what she-'

'Objection,' Waverly shouted. 'How many times do we have to go over these phantom statements my colleague keeps crowing about?'

O'Donnell raised a hand at her. 'Calm down, Ms. Waverly, I'm well aware of the problem here.' He turned to Nadine. 'Ms. Overman, I'm sure you know of the consequences of perjury.'

'Yes, Your Honor.'

'So is it your contention that the statements you made two months ago to Mr. Abernathy were untrue?'

'Yes,' Nadine said.

'Would you mind explaining why you made false statements to an officer of the court in the middle of a murder investigation?'

Nadine looked at Ronnie now, and in that moment seemed to be speaking to her, rather than the court. 'My only excuse is that I was extremely upset about losing one of my best friends, and in my grief, I said things to Mr. Abernathy that were either overstated or untruthful. And if that means facing some kind of charge, then so be it. I'm not about to lie under oath.'

Abernathy looked as if he were about to burst a blood vessel. 'With all due respect, Your Honor, I have to strenuously object to-'

'Stop right there, counsel. It's sounds to me as if you got the answer to the question you've been trying to ask for the last several minutes. I'm sorry if it isn't what you wanted to hear. Now, unless you have anything further, I'd suggest you call it a wash and wrap this up.'

Abernathy was silent for a very long time, no doubt weighing his options. Then he heaved a defeated sigh. 'I'm done with this witness, Your Honor.'

'All right. Ms. Waverly?'

'No questions, Your Honor.'

'Very well, then. Ms. Overman, you're excused.'

— 52 -

It was a small but significant victory, and Hutch resisted the urge to high-five his friends as Nadine left the witness box and headed for the doorway she had emerged from. More than anything, it was a personal victory, because she was a friend.

Just before she disappeared inside, she threw a wan smile in his direction, as if asking for his approval. He gave her a subtle nod, then she was gone, and he wondered if she would head straight back to her apartment and pour herself another rum and Coke.

When the time was right, when this was over, he would call her and ask if she needed his help. It was hard to read her right now, in this situation, but he sensed that she was adrift-a feeling he knew all too well.

'Who would have guessed it,' Andy murmured. 'The bitch has a heart after all.'

'Shut the hell up,' Hutch told him.

What happened next was a surprise to everyone, but its significance didn't become clear until several