“State calls Ms. Nola Waters.”
She came through the double doors and walked down the aisle. When she was in view, Jason heard the sucking of air next to him. He didn’t look but placed his right foot over Jana’s left. It was a signal they’d worked out anytime he was worried that she might lose it.
Nola took her seat and was sworn in. After she stated her name, Shay Lankford walked to the end of the jury box. “Ms. Waters, please tell the jury how you found your mother the morning of July 5, 2018.”
“She was passed out on the floor in the den.”
“Why do you say ‘passed out’？”
“Because it was noon, and she still had her clothes on from the day before. And she was on the floor.”
“Had you ever seen your mother in this condition before?”
“Yes.”
“How many times?”
Nola sighed. “At least five.”
“What happened when you arrived?”
“I shook her awake and asked her where Dad was.”
“And what did she say?”
“That she didn’t know.”
“What happened next?”
“I heard music coming from the boathouse, and we walked down to the dock.”
“What was playing?”
“Darius Rucker.” Her voice was beginning to shake. “Th-th-that was D-D-Dad’s favorite.”
“Are you OK, Ms. Waters?”
She wiped tears from her eyes. “Fine. I want to get this over with.”
Jason glanced at the jury. Each person was staring at Nola with rapt attention. She was the daughter of the victim and the defendant. Closer to the situation than even Jason. He forced himself to breathe, hoping that Nola would get through this but also hoping that her testimony wouldn’t hurt Jana too bad.
“Nola, what happened next?” The move to first name was subtle, but Jason thought it was brilliant, a signal from the prosecutor to the jury that this was a teenager. A signal to Nola that a friend was asking the question, someone who only wanted the truth.
“We walked around. Saw that dad’s golf clubs were down there and a club was laying on the ground. Then I saw some blood on the dock . . .” She fought back the tears and continued. “ . . . and I saw his Gunter’s Landing cap floating in the water.”
“What did you do then?”
“Mom called 911.”
“Then what happened?”
“The police came and started dragging the lake by our boathouse. An hour and a half after they started, they found the body.” She put her hands over her face.
Next to him, Jason heard sniffles, and he put his hand on his sister’s shoulder to console her. He was relieved to see her tears, knowing that this was a spot where genuine emotion was welcomed. What mother wouldn’t cry with her daughter having to testify to such a scene?
“Do you remember talking with me in the hours after the discovery of your father’s body?” Shay asked.
“Yes, I do.” Nola looked at her mother.
“Do you remember what you told me?”
“Yes.”
“Will you please tell the jury?”
Jason stood to object. “Your Honor, may we approach?”
Seconds later, he and Shay were standing in front of the bench, speaking in tones barely above a whisper. “Mr. Rich?” His Honor asked.
“It’s our belief that the prosecution is now about to elicit opinion testimony as to who Nola Waters thought killed her father. Namely, my client. We believe this to be highly prejudicial, not to mention irrelevant. Nola Waters is not a medical examiner nor is she a law enforcement officer. Her opinions wouldn’t benefit the jury and would greatly prejudice the defendant.”
“Ms. Lankford, what is the witness about to say?”
“That she told me she thought her mother killed her father.”
Conrad leaned back in his chair, seemed to think about it for a couple of seconds, and peered at Jason. “Objection sustained. You are not to elicit that testimony, Ms. Lankford.”
“Yes, Your Honor.”
Jason exhaled on his way back to the table, realizing he’d been holding his breath the entire time he’d been standing.
“Ms. Waters, please disregard the previous question. Were you aware of any trouble between your parents in the days prior to your father’s death?”
“Yes, ma’am. They’d been fighting a lot. And my dad had told me and my sister that he was going to file for divorce.”
Jason almost objected on hearsay grounds, but he knew he couldn’t get around this undisputed fact, so he let it stand.