The tree, though, reminded him that Christmas was only days away, and the thought of shopping had not yet crossed his mind, at least not until then. As Wade Lanier plowed ahead in a voice so low and dry that it was practically a sedative, Jake caught his mind drifting away to the holidays. For the past two years, they had struggled to decorate their rental and bring it alive for the holidays. Hanna helped tremendously. Having a child around the house kept everyone’s spirits up.
Lanier moved into a sensitive area. Slowly, skillfully, he probed into Lettie’s duties around the house when Mr. Hubbard was sick with the chemo and radiation and confined to his bed. Lettie explained that a home-health-care agency sent nurses over to tend to him, but these women were not good, not considerate enough, and Mr. Hubbard was quite rude. She didn’t blame him. He ran them off and had fights with the agency. Eventually, Lettie took over his care. She cooked whatever he wanted, and fed him when he needed help. She helped him out of bed and to the bathroom, where he sometimes sat on the toilet for half an hour. He had accidents, and she cleaned his bed. On several occasions, he was forced to use a bedpan, and Lettie tended to him. No, it was not pleasant work and she was not trained in such ways, but she managed. He appreciated her kindness. He trusted her. Yes, on several occasions she bathed Mr. Hubbard in his bed. Yes, a complete bath, touching everywhere. He was so sick and hardly awake. Later, when they stopped the chemo and radiation for a while, he regained his strength and began moving around as soon as possible. He bounced back with an amazing determination. No, he never quit smoking.
Intimacy can kill our case, Jake had explained to Portia in blunt terms, which were then filtered through daughter to mother. If the jury believes Lettie got too close to Seth Hubbard, they’ll have no trouble finding she unduly influenced him.
Was Mr. Hubbard affectionate with her? Was he one to hug, peck on the cheek, pat on the rear end? Not in the least, Lettie said. Never. Her boss was a hard man who kept to himself. He had little patience with other people and needed few friends. He did not shake Lettie’s hand when she arrived for work in the morning, nor did he offer her even a semblance of an embrace when saying good-bye. She was his employee, nothing more: not a friend, nor confidante, nor anything else. He was polite and he thanked her when appropriate, but he was never a man of many words.
She knew nothing of his business, nor his social affairs. He never spoke of another woman and Lettie never saw one in his home. In fact, she could not remember a single incident when a friend or business acquaintance came to the house, not in the three years she worked there.
Perfect, Jake said to himself.
Bad lawyers tried to trick witnesses, or pin them down, or confuse them, all in an effort to win the deposition. Good lawyers preferred to win at trial, and used depositions as a means to gather information that could be used to set traps later. Great lawyers skipped depositions altogether, and orchestrated beautiful ambushes in front of the jury. Wade Lanier and Stillman Rush were good lawyers, and they spent the first day collecting data. During eight hours of direct examination, there was not the first cross word, not the first hint of disrespect for the witness.
Jake was impressed with his opponents. Later, in his office, he explained to Lettie and Portia that both Lanier and Rush were basically acting. They were presenting themselves as friendly guys who really liked Lettie and were just searching for the truth. They wanted Lettie to like them, to trust them, so that at the trial she might drop her guard. “They’re a couple of wolves,” he said. “At trial, they’ll go for your throat.”
Lettie, exhausted, asked, “Jake, I won’t be on the stand for no eight hours, will I?”
“You’ll be ready.”
She had her doubts.
Zack Zeitler led off the following morning with a series of probing questions about Mr. Hubbard’s last days. He struck pay dirt when he asked, “Did you see him on Saturday, October 1?”
Jake braced himself for what would follow. He had known it for several days, but there was no way to avoid it. The truth was the truth.
“I did,” Lettie answered.
“I thought you said you never worked on Saturdays.”
“That’s right, but Mr. Hubbard asked me to come in that Saturday.”
“And why was that?”
“He wanted me to go to his office with him, to clean it. The regular guy was off sick and the place needed cleaning.” Around the table, Lettie’s response was far more effective than the morning coffee. Eyes opened, spines stiffened, rear ends inched to the edges of chairs, a couple of telling glances were exchanged.
Smelling blood, Zeitler pressed on cautiously. “What time did you arrive at Mr. Hubbard’s house?”
“Around nine that mornin’.”
“And what did he say?”
“He said he wanted me to go with him to his office. So we got in the car and went to his office.”
“Which car?”
“His. The Cadillac.”
“Who drove?”
“I did. Mr. Hubbard asked me if I’d ever driven a new Cadillac. I said no. I had said somethin’ earlier about how nice the car was, and so he asked me if I wanted to drive it. At first I said no, but he handed me the keys. So I drove it over to the office. I was a nervous wreck.”
“You drove him over?” Zeitler repeated. Around the table all heads were low as the lawyers scribbled furiously, their minds spinning. In perhaps the most famous will contest in the history of the state, the beneficiary, who was not a blood relative, actually drove the dying person to the lawyer’s office to sign a will that cut out all family and left everything to the beneficiary, the driver. The Supreme Court invalidated the last will on the grounds of undue influence, and gave as a significant reason the fact that the “surprise beneficiary” had been so involved in the making of the new will. Since that court decision thirty years earlier, it was not unusual for a lawyer to ask “Who drove him over?” when an unexpected will was discovered.
“Yes,” she said. Jake watched the other eight lawyers as they reacted exactly as he anticipated. It was a gift to them, and a hurdle for him to clear.
Zeitler carefully arranged some notes, then said, “How long were you in his office?”
“I didn’t look at no clock, but I’d say a couple of hours.”
“Who else was there?”
“No one. He said they usually didn’t work on Saturdays, at least not in the office.”
“I see.” For the next hour, Zeitler probed through that Saturday morning. He asked Lettie to draw a diagram of the office building to establish where she cleaned and where Mr. Hubbard spent the time. She said he never left his office and the door was shut. No, she did not go in there, not even to clean. She did not know what he was working on or what he was doing in his office. He came and went with his everyday briefcase, but she had no idea what was in it. He appeared to be clearheaded, certainly able to drive if he’d wanted, and she knew little about his pain medications. Yes, he was frail and weak, but he had gone to the office every day that week. If anyone else saw them at the office, she was not aware of it. Yes, she drove the Cadillac back to Mr. Hubbard’s house, then she went home, arriving there around noon.
“And he never mentioned the fact that he was writing his last will?”