The Wife Who Knew Too Much(71)
“Barry Ogilvy—the doctor who testified that Mrs. Levitt had terminal cancer—was arrested for trading opioid prescriptions for sex and cash. He’s in jail now, and he’s cooperating with the police in exchange for a reduced sentence. He now claims he was bribed into making that statement about Nina Levitt, and that in fact she was never his patient.”
“Who bribed him? Do they say? Was it Connor?”
“They don’t name names in the complaint, which at least tells us it wasn’t you. If they had Ogilvy saying you were the one who bribed him, they’d say so. That would be very damning evidence.”
“It wasn’t me. I can promise you that. Whoever bribed him was behind Nina’s murder, right? And I’m innocent of that.”
“Okay, let’s put your guilt or innocence to one side. We’re going to plead you not guilty at this appearance. It’s about gauging the strength of their case.”
“But can you ask if it was Connor? I need to know if he’s involved.”
“They’re not going to tell me that. If they had enough to arrest your husband, they’d do it. He’s not named in the complaint. My guess is, their investigation against him is ongoing. I think they’re trying to shake you down and get you talking against him. Based on this complaint, they don’t have a viable murder case against you—”
“Thank God,” I said, collapsing back against the wall. “Then you can get me out, right?”
“No. Tabitha. Please, let me say my piece without interruption, okay? This is not a good situation for you. They may not have a murder case, but they do have a viable murder conspiracy case, and the punishment is the same.”
I snapped forward. “What? How is that possible?”
“The complaint puts you at Windswept on the night of the murder, accompanied by your ex-husband, Derek Cassidy, who was arrested that night for assaulting a security guard. It also states that you each have a prior conviction for distribution of oxycodone. Oxycodone was found in the tox screen performed during Nina Levitt’s autopsy, in an amount about ten times the recommended dosage. It was enough to kill her even if she hadn’t drowned.”
My words came out in a rush.
“Okay, look. I was there, but I can explain everything. I’d just found out I was pregnant. I was trying to tell Connor, but he wouldn’t take my calls. I knew he was at Windswept, and I went there to find him. Derek followed me. He’d done it before. He was stalking me. I can prove that. I called the police on him. There’s got to be a report. I didn’t even know he was behind me until he started fighting with Steve Kovacs—”
“Kovacs?”
“The security guard. He works for Connor. And that drug arrest—it was Derek’s. I was just in the car. I didn’t even know the drugs were there. I took the plea because my lawyer said it was the best I could do. A misdemeanor, no jail time. Otherwise they’d charge me with a felony, and I might lose. You understand, right? You believe me?”
“On the drug charge, the fact that you took the plea—I’m afraid that leaves us limited room to maneuver.”
“Okay, I get that. Taking the plea was a terrible mistake. It’s been following me around forever. But that’s the truth. And you have to believe me, I was there to talk to Connor that night, not to hurt Nina. I never even met her. Seeing her across the terrace was the closest I ever got. Please, Suzanne. Tell me you believe me.”
She reached through the bars and patted my hand.
“Tabitha, please, try to calm down. We need our wits about us. My job is not to believe or disbelieve, but to help you do what’s best for yourself and your case. I have to be honest. This looks very bad for you. If by any chance you’re not being truthful—and especially, if Dr. Ogilvy could say you were the individual who bribed him—”
“No. Absolutely not. Unless he’s been double-bribed to say that.”
“Okay, then. I’ll take your word on that. And on the drug charge. I believe you didn’t know about your ex-husband’s drugs, and yet, that doesn’t really matter. You took the plea. They plan to use it to argue Nina OD’d on the same substance at issue in your prior conviction. I can ask to have your prior kept out, and it’s possible I would win. Prior convictions are almost never admissible. This one is six years old, and a misdemeanor. On the other hand, this is not your usual instance of the DA trying to admit a prior just to dirty you up. It’s not ‘Tabitha Ford is a proven criminal.’ It’s ‘Tabitha Ford had access to the type of drugs used in this murder.’ This prior has a special relevance, even more so because your ex-husband was there that night. I understand he’s currently incarcerated?”
“Yes.”
“Is there anything you’d like to tell me about him?”
“Like what?”
“Do you have an ongoing relationship? Was he somehow involved in this crime in a way you’re not disclosing? I can’t defend you if I don’t know the facts.”
“Maybe I didn’t explain clearly. Derek ruined my life. He was dealing drugs without telling me, and he got me arrested. I divorced him. The only reason he was at Windswept that night is because he was stalking me. I want nothing to do with him, for the rest of my life.”
“Got it. That simplifies things. But your association with him is still damaging to your case. The prosecution will try to introduce evidence of his prior drug conviction and his presence at the house that night.”