The One Who Got Away (29 page)

‘That must be difficult?'

‘Oh, no,' said Molly quickly. ‘They're wonderful. And they're a wonderful reminder of Loren. It's like seeing Loren when she was a girl. They're pretty and kind. Loren had them at Grammar and that's expensive, but together with my dad, I'm doing what I can to keep them there.'

‘You're trying to pay the fees yourself?'

‘Yes, and it's not easy,' said Molly. Wryly, she added: ‘The school say they're “all about the child”, but in my experience, so far, anyway, they're “all about the money”.'

Several of the jurors exchanged knowing smiles.

‘All right,' said Sandy. ‘Now, Miss Franklin, I understand that you booked this vacation for Loren, is that right? You booked the flight, the villa, the cruise ship that Loren was on when she went missing?'

‘I did,' said Molly ruefully.

‘And I'm wondering, Molly, what did Loren tell you about this particular vacation? Did she explain what it was for?'

‘She said it was a second honeymoon.'

‘And did Loren say why she was going away on a second honeymoon?'

‘She didn't,' said Molly, ‘but I realise now that it was because David had been cheating. She was trying to save her marriage. Why she'd want to do that is beyond me, and it's beyond Dad, too. David didn't deserve somebody like Loren.'

Tucker rose from his seat. He had different boots on: these ones were Cuban-heeled with pewter toecaps.

‘Now, let's just cool down,' he said. ‘That's some pretty tasty opinion you're offering the court, but just so the jury understands the context here, your relationship with my client, even before his wife went missing, it's never been warm, has it?'

‘David treats anyone from the Low Side like they're a piece of gum stuck to the bottom of his shoe,' said Molly indignantly. ‘He's a snob. The whole family are snobs, like they don't have to sit down and poo.'

A juror laughed before stopping himself.

Tucker didn't object.

‘So you're not much of a fan of Mr Wynne-Estes,' said Sandy.

‘Me? No,' said Molly. ‘I don't like him, not at all.'

She was looking at David with real distaste. David, seated behind the blonde-wood desk, didn't take the bait. His expression stayed neutral.

‘And why is that?' asked Sandy. ‘Why don't you like him?'

‘Why would I like him? He was horrible to my sister,' said Molly.

Tucker rose. ‘Careful,' he said, flashing a smile that seemed to come with a diamond ping.

‘Oh, I'll be careful,' said Sandy. Collecting herself at her table for a moment, she said: ‘Miss Franklin, we're talking now about the time before Loren went missing. What I'm trying to get from you is a sense of what their relationship was like.'

‘I would say terrible,' said Molly. ‘David's big thing was to call Loren fat. We were sitting by her pool in our bikinis this one time. She pulled two handfuls of her tummy up over her bikini bottom, saying: “David says it's disgusting.” It wasn't disgusting. Her skin was loose because she'd carried twins. I said, “Don't be so hard on yourself. Those gorgeous girls came out of that body.” She said: “That was two years ago and I've still got a stomach like a hundred-year-old woman. Isn't it supposed to bounce back? David wants to know when I'm going to get back into my sexy underwear.” I said: “Tell him to shut up,” because I just don't think a husband should harass his wife about how she looks after she's had his babies for him.'

One of the jurors – a woman about Molly's age – smiled at her.

Encouraged, Molly went on, ‘People think Loren had everything. The nice house, the nice cars … but being married to David … I can't see how anyone would enjoy being married to somebody who didn't take care of them when they were pregnant, didn't help with the children, didn't try to boost their self-esteem, and who cheated with a woman in his office.'

‘Thank you,' said Sandy. ‘Thank you very much, Miss Franklin.'

Tucker got to his feet. He took a few steps this way, and then a few steps that way, before launching into his defence.

‘Now, I mean no disrespect, Miss Molly, but when Loren went to Mexico, did she leave her girls with you?'

‘Well, I wanted to take them …'

‘No, no, no,' said Tucker, gently shaking his head. ‘No, it's a simple question. Did she leave the girls with you? Yes or no?'

‘No.'

‘No? Then who did she leave them with?'

‘With their Aunt Janet.'

‘With their Aunt Janet. I see. Not with their Aunt Molly but with their Aunt Janet. Who is my client's sister, am I right?'

‘That's right.'

‘Well, I have to say, that surprises me,' said Tucker. ‘That surprises me because you've just finished telling us how close you were to Loren and yet she didn't leave her daughters with you when she went away. She left them with her husband's sister, Janet.'

‘Yes, but that was because …'

‘No, wait,' said Tucker. He stopped pacing and spoke firmly but gently. ‘I ask the questions, and you answer them. That's how things work in the good ol' Bienveneda Courthouse. I ask, you answer. And I didn't ask you a question. But I'll ask you one now. David's sister, Janet … she lives much closer to Loren than you do, am I right?'

Molly said: ‘Yes, and that's why …'

‘No, see, here we go again,' said Tucker, smiling (ping!). ‘We don't want “and” and we don't want “ifs” or “buts”. We want “yes” and “no”. That's all. “Yes” and “no”. Loren Wynne-Estes's sister-in-law, Janet Wynne-Estes, lives close by to Loren on what we locals call the High Side?'

‘Yes,' said Molly, grumpy at being restrained.

‘And you live Low Side. So, over that bridge,' said Tucker, waving an arm in that direction, ‘a fair way from where Loren lived?'

‘Right, and that's why …'

‘No,' said Tucker. ‘No. The point I'm making is that you say that you're close to Loren, and that's what you'd like the jury to believe, but how can they believe that? You don't live near her. She didn't leave her daughters with you when she went away. You had to go to court to get custody of them because they were actually in their Aunt Janet's care when Loren went missing, isn't that right?'

Molly looked peeved. ‘That's not right—'

‘I'm sorry, Miss Molly?' replied Tucker. ‘That's not right?'

‘No, I mean, they were, but—'

‘No buts,' said Tucker. ‘They were in Aunt Janet's care when Loren went missing because that's where Loren left them. With their Aunt Janet. Not with you. And one more thing, you've testified that David was awful, and David was dreadful, but the fact that David was having an affair – that wasn't something you had any idea about before Loren went missing, was it?'

‘The fact that I didn't know about it doesn't make him any less horrible,' said Molly.

‘No, it doesn't,' said Tucker, ‘but the fact that you didn't know about it shows us that Loren didn't confide in you about it. You say you're close, but when Loren was having problems in her marriage, she didn't come to you, did she?'

‘No, because she knew what I would say,' cried Molly. ‘I'd say leave him. I'd say you deserve so much better.'

‘Forget that. That's not the point,' said Tucker, very cross now. ‘You carry on like you're close. You're not close. You didn't know anything about Loren's life. You weren't the person that
Loren trusted with her children when she went away. Loren told you nothing about the trouble she was having on the home front. You're sitting here, pretending to have insight into this marriage, and into your sister's state of mind, but let's be honest. You have no idea.'

* * *

Molly turned to the bench. ‘Could I have some water, please?'

‘Of course,' I said, signalling. The court manager came running with a pitcher.

‘Do you feel alright?' I asked.

Molly had been seated in the witness box for about an hour.

‘I'm fine,' she said, ‘I just needed some water.'

Tucker seemed pleased. His point had been to rattle Molly's belief in the closeness of her relationship with Loren, and he had perhaps succeeded, but Sandy wasn't done with Molly.

‘I'd like to talk to you about an evening that you spent at your sister's house a couple of days before she left for Mexico,' she said.

‘Stepsister,' said Tucker, rising.

‘Yes. Stepsister. Now, may I go on?' said Sandy, vexed.

‘Please,' said Tucker, sweeping into a bow.

‘Yes,' said Molly. ‘That was the night we got the takeout chicken.'

Sandy stepped back to the District Attorney's table, where she ran her hand over an open binder.

‘Yes. I'd like to talk to you about the night you got chicken. That was three or four days before Loren was due to fly out of LAX?'

‘That's right,' said Molly, taking another small sip of water.

‘You went to Loren's house?'

‘Yes. She was making out a schedule for the girls: what time they had to leave for school, and so on. And the girls were anxious saying, “Why do you have to go, Mom?” And Loren was doing her best to make the whole thing seem like an adventure for them, too. She said: “You know what we're going to do? We're going to have takeout!” And the girls couldn't believe it. Takeout was a no-no at Loren's house,' Molly said, wagging her finger to stress the point. ‘Loren was a very healthy person. A farmers' market person. She and the girls mostly ate all organic. So takeout was a big treat.'

Sandy nodded. ‘And Peyton and Hannah – they perked up after that?'

‘A little,' said Molly. ‘Peyton was given the job of finding the takeout menus in the kitchen drawers, and she seemed excited about that, but then she put the menus down and looked a bit sulky and said, “No, because I don't want you to go.” Loren took her by the shoulders and said: “Listen to me. It's only a few days. And we can Skype.” And Peyton perked up again, saying: “They have wi-fi on the ship?” And it was so cute, because you know, the girls are not that old, but they know how to connect to wi-fi. It all comes naturally to them.'

Sandy put a hand down on the binder on her desk. ‘And then Loren told the girls that they could have takeout?'

‘Yes,' said Molly. ‘Fried chicken, potatoes and salad. Hannah was rapt but Peyton couldn't, or wouldn't, decide what salad she'd like. She kept saying: “Can I come with you? Can I decide when we get there?” and “Can I sit in front?” Like she needed to be with her mom every second. Loren said to me: “Are you okay here, if I go with Peyton?” I said, sure, and I would set the table, so Loren scooped up her keys, and David …'

‘You mean the defendant?' asked Sandy.

‘Yes, the defendant, David. He was sitting on the sofa with his back to us, reading his iPad, which frankly wasn't that unusual because he was never not reading his iPad. That is all I ever saw him do. Loren said something like, “Hey, babe, we're going to get some fried chicken.” She had her hand on David's shoulder, but as far as I could tell, he didn't even respond. She had to ask him again – something like: “Anything else I can get you?” – because David didn't respond. He was tapping and swiping at the iPad. I remember thinking if he was my husband, I'd whack him one.'

One of the jurors – middle-aged and probably married or divorced herself – laughed. Not loudly, but in my view, that was a bad sign for Tucker. Or, I guess, more accurately, for David.

Molly seemed buoyed. She sat a little higher in the witness box. ‘David had that glazed look people get when they've been dragged away from their computer screen. He was like: “Fried chicken?” Loren had to repeat herself again, saying, “Yes. Special treat. Would you like anything else?” David was annoyed, like, you interrupted me to talk about chicken? And then – and I will never forget this – he just said: “Whatever.”'

‘So, this is not quite a picture of domestic bliss?' said Sandy.

‘Oh no,' said Molly, ‘no, no, no. But then it was often like that. David was often mean to Loren. Really mean. Rude. Disrespectful …'

Tucker got to his feet. ‘My oh my, are we going to go through this again?' he said. ‘We are not interested in your opinions, Miss Molly.'

‘You know, Mr Bingham, I think you'll find that the witness's name is Miss Franklin.'

Twitter exploded with
Woo hoos!
and
Go yous!
and so on.

Tucker smiled and sat down.

Sandy turned her attention back to Molly. ‘I'm sorry. Please go on.'

‘Well, I'm not sure what else to say,' said Molly, shrugging. ‘Loren took Peyton to the store to get dinner. I guess they were gone around half an hour. And now that I think of it, I don't recall David speaking to me at all during that time. He was swiping away on his iPad but not offering to help with setting the table or anything like that.'

David rolled his eyes at the jury. I thought:
Bad move, bad move, bad move
.

Sandy seemed delighted. ‘Please go on, Molly,' she said.

‘Well, Loren came home with enough food for an army. The girls crowded around and Loren hadn't got the fried chicken, she had got a whole chicken. That was more like Loren. She started to carve and oh, I remember! She extracted the wishbone, and that was exciting. Loren told Peyton, “You can have it. Now, close your eyes and make your wish.” And they were both silent for a bit, while they each made a wish, and Loren said: “Okay, now, pull.” And they pulled, and Peyton tugged hard and Loren, being the mom, didn't really tug at all. That was Loren's theory: when you play games with the children, they should win. Not like David, who would smash them at Scrabble and then laugh about beating five-year-olds. So the bone broke, and the big part was Peyton's. She was ecstatic. She was saying, “I won! I won!” And Loren was so happy, saying: “Good girl. Did you make your wish?” and Peyton said: “I did,” and Loren said: “Well, don't tell anyone or it won't come true,” and I said: “Make sure you keep that safe, and your mom can take her part on the ship, and when she gets back you can put them together again,” and Peyton said: “Maybe not,” and Loren said: “What do you mean,
maybe not?” and Peyton didn't say anything, but looking at her, I knew exactly what she meant. Her wish had been for her mom not to go.'