“They don’t know you. I do.” Morgan leaned over the table and pinned Nick’s gaze with her own. “I’m going to ask you one time and one time only. Did you kill Tessa?”
Most defense attorneys Morgan knew never, ever asked their clients if they were guilty. Not only did they not want to know, but an attorney could not allow a client to perjure himself and claim innocence on the stand. Defense attorneys skated around this ethical dilemma with a don’t-ask-don’t-tell policy.
The justice system wouldn’t work without lawyers who were willing to support both sides. Intellectually, Morgan understood that every accused criminal deserved the best possible defense, but she wouldn’t be able to live with herself if she helped free criminals who were released and subsequently committed more violent crimes.
Nick didn’t flinch or fidget at her question. Nor did he break eye contact. His gaze held hers, steady and sure without any trace of guile. “No.”
“Then I believe you.”
Nick didn’t seem to know what to say. “Thank you.”
“Thank me later. I want you to tell me exactly what happened last Thursday night.” Morgan poised her pen over her legal pad.
“I met Tessa at a party at the lake.”
“What time was this?”
“About nine,” Nick said. “Anyway. Right after we got there, the guy she used to date, Jacob Emerson, came over and called her a slut. I told him he should—” Nick paused, looking away, his face flushing.
“I need you to tell me everything, Nick, even if it’s not pretty.” Morgan leaned her forearms on the table. “I worked for the DA’s office for six years. You can’t shock me.”
But he wouldn’t meet her eyes when he said, “I told him he should go fuck himself.”
“And then?”
“And he said he didn’t need to because he’d already fucked Tessa and so had every other guy in town.” Nick took a breath. “Tessa tried to pull me away, but I shoved Jacob. He’s such a privileged, entitled asshole.”
“Then what happened?” Morgan did not want to put words in Nick’s mouth.
Nick shrugged. “The fight didn’t last long. A few shoves back and forth. Tessa got between us, and Jacob knocked her down trying to get at me. That pissed me off. I punched him. He punched me back. Couple of other dudes stepped in, and that was the end of it.” Nick shook his head. “I ended up with a bloody nose. You know what happens when I see blood. It wasn’t much blood, but I almost puked.”
Morgan took detailed notes. “I saw a video of the fight yesterday. It’s been played online and on the news. Did you know someone filmed it?”
Nick shook his head.
“I’ve filed an injunction to have it pulled from the Internet to prevent the tainting of the jury pool, but I’m afraid the damage is already done. I’ll also push for a change of venue. Though we’re not likely to get it, at least the request will go on record as grounds for a possible appeal if you’re convicted.”
Nick’s face went pale. “You think I’m going to be convicted?”
“I’m going to do my best to keep that from happening, but part of my job is to lay the groundwork for possible future appeals.”
“OK.” Nick chewed on a cuticle. “Who took the video?”
“I don’t know yet, but I will find out.” The only two pieces of evidence that Morgan had seen at this point were the list of charges and the video on YouTube. She actually preferred to do her initial interview blind. Once she started reviewing evidence, it would be hard to get Nick’s story down without injecting her own preconceived opinions. “Now that I’m officially your lawyer, I’ll get copies of all the evidence the police and prosecutor have gathered against you.”
He nodded.
“What happened after the fight?” Morgan asked.
“Me and Tessa got in my car. She cleaned my face up for me.” He shifted in his chair. His face flushed. “Then we drove to the other side of the lake and had sex in my car.”
“Consensual sex?”
“Yeah.” Nick jerked upright, anger surging over his fear and brightening his eyes. “Of course. I know the police said she was raped. I could never have . . .”
Morgan held up a hand to calm him. “All right. You and Tessa had consensual sex in your car. Front seat or back?”
“Back.”
“Did you use a condom?”
“No. And I know it was stupid.” His jaw went tight with frustration and regret. “I didn’t have one.”
Morgan set her pen on the notepad. “Nick. I’m not your parent. I’m your lawyer. You have to get used to telling me personal things. If this goes to trial, every detail will come out anyway.”
Nick’s nod was stiff and barely perceptible.
Morgan picked up her pen. “What time was this?”
“I don’t know exactly. Maybe around ten.”
“What happened next?” Morgan started a timeline.
“Tessa was crying. She wouldn’t tell me why. I assumed it had something to do with the fight and what Jacob said. I drove us back to the clearing. Her car was still there.” Nick’s eyes clouded. “Then she broke up with me.”
“She had sex with you, and then broke up with you afterward?” Morgan clarified.
“Yes. I tried to get her to talk to me, but she wouldn’t say why she had to break up with me.” Nick’s eyes filled with tears. “Finally, I just left. She was in her car. I assumed she’d drive home.” He sniffed. “That was the last time I saw her.”
“Did other kids witness your argument with Tessa?”
He bit off a piece of his thumbnail. “Yeah. Probably. There were a couple of people still there when we drove to the clearing.”
“Did anyone see you leave without her?”
“Maybe.”
“I need to know who.”
“OK. I think Robby Barone was there, and Felicity, and another friend of Tessa’s, Jamie.” Nick concentrated, his expression desperate.
“Try to think of others.” Morgan wrote down the names. “Where did you go?”
“I drove around for a while. I couldn’t believe she broke up with me.” Sadness quivered in his voice. “If the cops hadn’t shown me pictures, I wouldn’t believe she was dead either.”
Morgan had a quick flash of Tessa’s bloody body. If the case went to trial, she and Nick would both be seeing those images over and over. Would they ever become immune? She hoped not.
No. She couldn’t think like that. She was going to prove he was innocent.
“Did you get a burger?” she asked. “Stop at a convenience store? Did anyone see you driving around?”
Nick shook his head. “No. I don’t even remember exactly where I went.”
“Did you make any calls on your phone?” Morgan asked, hoping the GPS might have recorded Nick’s location.
“I tried to text her later, but my battery was dead.”
So much for the GPS on his phone.
“What time did you get home?”
“Around midnight.”
“Did your dad see you come in?”
“No. He was already asleep. He had to open the shop Friday morning.” So Nick had no alibi for the entire night.