“I have no further questions, Your Honor.”
If Ethan’s direct examination had earned him any sympathy at all, it had not worked with ADA Nunzio. He stood only two feet from the witness chair, his voice bellowing with skepticism and indignation. He had purposely positioned himself to obscure Ethan’s view of Olivia and therefore also Nicky and me, who were seated behind her.
He poked tiny holes in every aspect of Ethan’s testimony. On the time line, he prodded Ethan to account for the hour he had been alone on the beach, making it sound nearly impossible that a teenage boy could spend an hour of solitude without sending a single text or social media post. On the marijuana, he asked question after question about the price of Ethan’s various possessions, arguing that he, not Kevin, must have been the one selling pot. On the items seized from the top shelf of his closet, he ridiculed the idea that a kid of Ethan’s means would believe that a few used luxuries could make a dent in the household budget.
Through it all, Olivia made repeated objections—hearsay, relevance, vagueness, speculation—until Nunzio finally accused her of trying to break up any rhythm he had for the cross-examination.
“I won’t speculate on an attorney’s motives,” Judge Rivera said, “but I share his concern, Ms. Randall. You know how a trial works. It’s his turn to ask questions.”
As Nunzio’s momentum built, so did his aggression. “Isn’t it true that you took those items to falsely stage a burglary after you killed your father so he would not send you away to military school?”
“No, that is not true!”
“In fact, isn’t that why you posted such hateful things about your stepmother? The woman who had always coddled you, apologized for you, made excuses for you—even after you brought a gun to school—was suddenly too busy to get your back.”
Ethan was shaking his head, saying “No” over and over again, while Olivia objected that Nunzio was badgering the witness. Stop, I was thinking. Please, someone, just make it stop.
Nunzio began to read from the Poppit posts. “She’sweak, you said. Ahypocrite. Acoward.Cares more about her picture-perfect image than actual reality.You said those things because Chloe Taylor was no longer protecting you from your father’s discipline, and so you took matters into your own hands.”
“Your Honor, Mr. Nunzio isabusingthis witness.”
Just as the judge was overruling the objection, Ethan slammed his hands down on the railing in front of him. “You’re twisting it all around. I was just trying to get her attention. All I meant is that she was more worried about what other people thought of her than what was going on in our own house!”
“And what was going on in your own house is that your father was finally done allowing you to set your own rules, isn’t that right?”
“No.”
“And when you could no longer get your way, all the time, you decided to kill him, didn’t you?”
“No!”
“Is that why you were carrying that gun in your backpack? Had you been planning before to shoot him?”
Olivia, the judge, and Ethan were all speaking at once. “No foundation, Your Honor.” “Overruled.” “What? No, are you kidding?”
“Is that why your father got rid of the gun? To protect himself from you?”
“Jesus, no! He was beating the shit out of her, okay? And she let him do it, and that’s why I recorded him.”
I heard someone gasp behind me as Nicky placed her hand on my knee and gave it a tight squeeze.
“Your Honor—”
The judge held up a hand and shot Olivia a stern look that sent her back into her chair.
“Is that why you stabbed your father?” Nunzio demanded. “To protect your stepmother because he was abusing her?”
Ethan leaned back in his chair and looked down at his lap. “No,” he mumbled. “I swear, I didn’t do it, but maybe I should have.”
Olivia asked calmly for a recess, but Judge Rivera ordered her to ask her questions or waive her right to redirect. She rose as if she were completely prepared for the moment.
“Ethan, I know the prosecutor wants to make this seem like a big dramatic discovery—”
Nunzio wasn’t even out of his chair before Rivera admonished Olivia to avoid unnecessary commentary.
“Very well. Just to be clear, though, when you spoke to Detective Guidry the morning after your father died, did sheaskyou whether there was any acrimony between your father and stepmother?”
“No.” He was still rattled, but his voice was calm and level.