47
During his side of the deposition, Alan discussed a day when he believed Jessica was hiding the children at her sister’s house in Florida. David Dorn was disturbed by this—that Alan could make such an allegation without any proof. There were other things said throughout the day, but the case would be in a judge’s hands in a matter of weeks.
Alan felt confident as he and Terra got ready to leave Dorn’s office. Things had gone well. When it came down to it, Jessica was not a good liar. It was so clear that she was making things up, it was almost embarrassing to have to sit and listen. But there it was: all out in the open now.
It was a little after 3:00 P.M. as everyone met in Dorn’s office. Alan mentioned that since they had finished so early, would it be possible for him and Terra to pick up the girls sooner? It would be nice to get a jump on traffic and get out of Birmingham before five o’clock.
Jessica snapped: “No! Won’t work. The girls have some things going on after school, extracurricular activities, and won’t be home.”
So it was back to the original agreement. Alan said he’d be at the Myrtlewood Drive house at 6:00 P.M. sharp. He wanted the kids ready to go.
Frank Head asked Alan if he was all set.
Alan said he was.
They agreed to talk the following week.
Jessica stayed with David Dorn as everyone left. Kelly McCloskey packed her things. She heard an exchange between Dorn and Jessica. Dorn was sitting down, going through some paperwork. Jessica had a “bragging” tone to her voice, as though she had gotten one over on Alan. “That time,” Jessica told Dorn, “when Alan was looking for the girls at my sister’s . . . [we] all knew where the kids were.” She laughed. The reference was to a particular portion of the deposition that had visibly angered Alan. Alan was certain Jessica had been lying to him—and here was Jessica now laughing about it, saying he was right. “My sister had instructions from me,” she continued, “to tell Alan the girls weren’t there.”
“What?” Dorn said. He stopped what he was doing. Stood. He was upset. “Perturbed” was how Kelley McCloskey later put it.
“I cannot believe my client would do something like that,” Dorn reportedly said to Jessica. “You were in contempt of court. You should have never done that.”
“Boastfully” was the word Dorn later used to describe Jessica’s demeanor during this same scene. She was ecstatic over the fact that she had lied to Alan and had easily gotten away with it.
Jessica didn’t react to Dorn’s frustration. She just stood there.
“You mean you and your family,” Dorn said, disgusted, “did not have the common decency to let this man see his children?”
Jessica walked in the door at 4:30 P.M.
Jeff was waiting.
They had ninety minutes to get things prepared for Alan and Terra, who were grabbing a quick bite to eat downtown.
The problem was getting Alan and Terra into the backyard so they would walk in the back door. That was key to the plan going off without a hitch.
“The den,” Jeff explained, “here in the den.”
It was the perfect murder room. There was a couch. Jessica could offer them a seat. Jeff could walk up and take several quick pops. It would be over.
The room was adjacent to the garage. “Back of the house,” Jeff said later, explaining how he and Jessica went about preparing the house for the murders. “It’s the standard entrance. Trees, shrubs, whatever—behind the house. No windows facing either of the neighbors or facing the street.”
Jeff had written a note on a piece of cardboard earlier that day and had placed it on the front door: WE’RE HAVING SOME PROBLEMS . . . PLEASE COME AROUND TO THE BACK DOOR.
Jeff took out his weapon, a .44-caliber Beretta. He had purchased it from another officer while working for the Birmingham PD. As Jessica watched, he made sure it was “readily available and loaded.” He planned to strip the weapon after the murders. He and Jessica could then spread those pieces out along the interstate.
Jeff’s duty weapon as a cop was a standard-issue Glock. This Beretta will throw a little confusion into the crime, Jeff thought. They’ll know I carry the Glock. . . . It’ll confuse them.
It was decided Jessica was going to answer the door. She would make initial contact with Terra and Alan.
“I was,” Jeff said later, “actually under the impression that she was scared of Alan. . . . My being there was meant as a surprise. I believed she was afraid that if Alan had the opportunity, he might do something to her.”
Jessica made it clear to her better half: “You will be in the den when they come to the door.”
Jeff nodded his head. He understood.