‘Dr Alderman, let me show you an item marked Commonwealth Exhibit 42.’ Linda set Noah’s iPhone in front of him, which the police had confiscated the night of Anna’s murder. He hadn’t seen it since then, and it struck him as an artifact of his former life, with its calendars, photos, pollen trackers, and playlists full of classical music.
Linda gestured at the phone. ‘Please examine it to make sure it’s yours. It’s fully charged.’
Noah picked up the phone and pressed the home button, which brought the screen to life with a photo of a beaming Maggie and Caleb. The speech pathologist had given Caleb a homemade certificate and graduation cap to mark his progress.
‘Isn’t that your phone?’
‘Yes.’ Noah set it down. It was his old life, gone as the Jurassic. Extinct.
‘Please scroll to your text function, while I summon Commonwealth Exhibit 43 to the screen.’
Thomas rose quickly. ‘Objection, Your Honor. I’m renewing my objection, made during the prosecution’s case, that the text message is inadmissible because it is not properly authenticated under Commonwealth v. Koch and is hearsay.’
Linda faced Judge Gardner. ‘Your Honor, as before, Koch does not preclude the admission of this text. The Superior Court and Koch make clear that texts can be authenticated by circumstances, such as those present, where others do not routinely use the phone and the phone was not kept in an accessible place. And it is not hearsay because it is not being admitted to prove the truth of the matter asserted.’
Judge Gardner looked down at Noah. ‘Dr Alderman, did others routinely use your phone with your permission?’
‘No, Your Honor.’
‘Thank you.’ Judge Gardner nodded. ‘The objection is overruled, and the text is admissible.’
Thomas sat down heavily, and Linda signaled her paralegal. Onto the screen flashed a text, grossly enlarged:
Anna, will you meet me at my house @915 tonight? I’m sorry and I want to work this out. Please don’t tell your mother.
‘Dr Alderman, isn’t this the last text on your phone?’
‘Yes, it is.’
‘And that text was sent on May 10, the night Anna was murdered, was it not?’
‘Yes.’
‘The text was sent at 6:55 P.M., the night Anna was murdered, was it not?’
‘Yes.’
‘And the name at the top of the screen is Anna, is it not, signifying the text was sent to Anna?’
‘Yes.’
‘You didn’t receive an answer to this text, did you?’
‘No.’
‘Let me show you Commonwealth Exhibit 44, which has already been admitted and is a copy of the records from Anna’s iPhone.’ Linda signaled her paralegal, and the screen showed Anna’s text history. ‘Dr Alderman, can you see that it shows that Anna received the text from your phone approximately one minute after it was sent?’
‘Yes.’
Linda signaled the paralegal, who reverted to the previous screen showing the text. ‘Dr Alderman, didn’t you send this text to Anna in order to lure her to your home so you could make another sexual advance on her?’
‘No.’
‘But doesn’t the text read, “Anna, will you meet me at my house at 9:15?” ’
‘Yes.’
Linda frowned. ‘I’ll ask you again, didn’t you send this text to Anna in order to get her to your home?’
‘No.’ Noah blinked, waiting for the next question. He couldn’t see Thomas because Linda was standing in front of him, blocking his view. He suspected she was doing it intentionally.
‘Then what did you mean when you texted Anna, “Anna, will you meet me at my house at 9:15?” ’
‘I didn’t send this text. It came from my phone, but I didn’t send it.’
‘Pardon me?’ Linda’s mouth dropped open. Spectators in the gallery looked surprised, and the courtroom sketch artist started scribbling. Thomas hadn’t wanted him to go here, but he had no choice.
Maggie still was nowhere in sight.
Chapter Eighteen
Maggie, Before
Maggie drove home with Anna, who looked fresh and pretty with her hair in a ponytail. She had on a cute blue-checked sundress that matched her eyes, with a jeans jacket. Maggie had never been happier. She never would’ve believed she was driving home with her daughter.
‘This is the street,’ Maggie chirped like a tour guide. ‘Merion Avenue.’
‘Oh, it’s so nice! And there’s so many trees.’
‘Wait’ll you see my garden.’
Anna looked over with a smile. ‘I always wanted to learn how to garden.’
‘Me too,’ Maggie said, and they both laughed. She steered downhill toward the house, passing the old stone homes and massive oak trees. Her neighbors were clipping hedges, mulching beds, and unloading SUVs. None of them knew she had a daughter, but they would find out soon enough.
‘Is our house on the right or the left side?’
Our house. ‘The left. There, with the yellow shutters.
‘And let me give you the heads-up about something. Caleb has apraxia, which means that his speech might sound a little slow or halting.’
‘Oh.’ Anna looked over. ‘I saw something about that on your Facebook page. When he got that award.’
‘Right.’ Maggie thought back to the ceremony, which their speech pathologist had organized. ‘He’s doing really well. Just be patient with him. He can be self-conscious around new people.’
‘Of course, no problem.’
‘Thanks.’ Maggie steered the packed Subaru into her driveway, noticing the front door opening. She had texted Noah when they had landed at the airport, and he’d texted back his characteristic OK.
‘What a nice house!’ Anna looked around.
‘There’s the boys.’ Maggie cut the ignition as Noah and Caleb came out of the house. ‘Hey guys, come meet Anna!’
‘Welcome home, ladies!’ Noah hustled toward them with a huge grin, and Maggie got out of the car, seeing as Anna must, the perfect suburban stepdad in a white polo and pressed khakis, like a Dockers ad, but sexy.
Noah gave Maggie a big hug. ‘Babe, I’m so happy! This is a great day!’
‘Isn’t it?’ Maggie let him go, gesturing to Anna. ‘Noah, meet Anna. Anna, Noah and Caleb.’
‘Anna, welcome, it’s wonderful to meet you!’ Noah extended a hand, and Anna shook it with a grin.
‘Thank you so much for having me.’
‘Mag, we got pizza!’ Caleb shouted, wrapping his skinny arms around her. ‘It’s a surprise!’
‘Not anymore.’ Noah laughed.
‘Great idea!’ Maggie hugged Caleb back, realizing she hadn’t had a chance to prepare him to meet Anna. ‘Caleb, this is Anna, my daughter. I told you about her. She’s going to live with us.’
‘Anna, do you like pizza?’ Caleb looked up at her, with a shy smile.
‘Yes, pizza is my favorite.’ Anna grinned down at him.
‘What toppings do you like?’ Caleb asked, his speech remarkably smooth.
‘I like it plain.’
‘Me, too!’ Caleb practically exploded with happiness, and Maggie and Noah exchanged looks. Maggie could tell that Noah had drilled Caleb on the sentences, which was another trick they’d learned, anticipating phrases and sentences that would be needed with new people. Plus, Caleb loved pizza, which was undoubtedly why Noah had ordered some to be delivered. Maggie felt a pang of gratitude for her husband and touched his arm.
Noah put his arm around Maggie. ‘Come inside, we have something to show you.’
‘That’s a secret!’ Caleb ran ahead toward the front door, pumping his arms, and Maggie knew he was showing off for Anna, which she thought was adorable.
‘Come on in,’ Noah said, holding open the door, and Caleb, Anna, and Maggie trundled inside, then Noah closed the door behind them. ‘Caleb, let’s give her a quick tour before the surprise.’
‘Okay.’ Caleb deflated.
Maggie took the lead. ‘This is the family room,’ she said, gesturing. The room was large, with a warm pine floor, a navy-patterned Karastan, and navy-plaid couches grouped in front of a fireplace with a brick surround. The ceilings were high, and the room was light and airy, owing to a panel of windows in the front and side.
‘Here’s the dining room, which we never use.’ Maggie walked them through the dining room, dominated by an Irish farm table she had bought in New Hope. It had a rustic finish and matched a pine credenza under a panel of windows on the right.