Motion to Suppress

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Authors: Perri O'Shaughnessy
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lawyer."
    "Not on this charge. You consulted me about a divorce. You and your parents need to talk about who to retain as your counsel. I know you’ll want the best representation you can get."
    "Forget that. I want you as my lawyer. Sandy said you’re famous in San Francisco, and not just for family law. For criminal defense."
    "Sandy exaggerated," Nina said, thinking she’d have to put a muzzle on that woman. "My experience is limited. I handled criminal appeals. I’ve never defended a client against a charge of murder in a trial. I’m not confident I could represent you competently."
    "I have to unload something, Nina, even if it gets me into trouble. When the police came? I panicked and it wasn’t because they arrested me. I panicked because I figured I did kill him."
    "Misty, wait—"
    "I want you to hear this. If I killed him when I hit him, how did he end up in the lake? I’d never take Rick’s boat out by myself to dump him. I’d call Tom or somebody to help me. I just don’t remember what the hell happened that night after I hit him. I’m thinking maybe it’s like this stuff with my past, another thing I’m blocking out, something traumatic."
    Murder certainly qualified as traumatic. Didn’t Misty realize that her loss of memory about the events that night, if real, pointed as surely to her guilt?
    "I never intended to kill Anthony. I wasn’t mad like that. I just wanted it to be over with him."
    "Were you afraid for your life? Can you at least remember that?" Nina couldn’t keep the skepticism out of her voice.
    "He never hurt me like he wanted to kill me. Mixed in with all the love talk, I know he hated me sometimes. I think he wanted to make my life a living hell. But I never once thought he wanted me dead."
    "Of course, you did strike out to defend yourself. Maybe you hit too hard. That’s hardly premeditated murder."
    "Aren’t you listening? I just don’t think I hit him that hard. Believe me, I’ve seen a couple of bar fights. You can whack a guy pretty good without killing him. I didn’t kill him. You have to believe me."
    "I believe you’re being as honest with me as you can." That was Nina’s standard line to a client who was probably lying. But sitting there, looking through the glass at the girl, having talked to her three times now and listened to the blunt and ingenuous revelations, she couldn’t imagine Misty had invented the whole ball, loose and tangled with strings dangling in all directions. Why not make up a tighter story? Even Misty must see that the actions she described were not logical.
    "You think any other lawyer can defend me? I don’t even know what I did. And one look and they’re going to be like, ’Ditz. Airhead. Don’t go betting your allowance on that tootsie roll.’ Most of the time I don’t care what they think, but if your lawyer thinks you’re a piece of shit, that matters."
    "Oh, Misty." She didn’t have any idea what she was asking Nina to do.
    "I need you on my side."
    "You need a good lawyer."
    "You."
    Nina felt herself wavering. "I can’t promise anything now, but I’ll let you know by tomorrow."
    "Talk to my parents. I’ll give you the number. Tell them what you need for money."
    Nina said, "Listen, a couple of things for now: Stay calm and keep your mouth shut. If anybody bothers you, call me. I’m leaving some money at the desk for you. Remember, don’t talk about your case. Don’t talk about your dead husband. "
    "My dead husband." Misty closed her eyes, her chest heaving. Terrified, exhausted, she sat drooped in her chair, one hand clasped to her breast, tendrils of soft hair escaping from the rubber band. She looked tragic and melodramatically beautiful, a belle demoiselle weeping in a dungeon.
    On her way out to the car, stepping over the mud puddles in the asphalt, Nina walked with her head down, thinking about Misty. Andrea said that most wives of battering husbands lived in fear. They generally tried to keep the batterer calm by

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