With opening statements completed, it was time for the prosecution to present their witnesses. Connors brought up the police detective who told them about the questioning, etc.
When Marni cross-examined him, she asked, "Detective Franklin, Mr. Dunholtz was killed on Sunday morning, correct?"
"Yes."
"When did you bring my client in?"
"A few days later I think."
"Wasn't it actually Monday evening?"
"Maybe."
"Detective, there are records. And you're under oath."
"Okay, it was Monday."
"When was Mr. Dunholtz found?"
"Sunday."
"What time?"
"In the afternoon."
"Do you have the exact time?"
"Around three."
She picked up a police report that had already been put in evidence. "The report says his wife found him at eight pm."
"Okay eight."
"Then on Monday evening at—" she looked at the report, "—seven pm you went to Mr. Schott's apartment."
"Yeah."
"Why did you bring in him in?"
"We found out that wanted revenge against Dunholtz."
"How did you find that out?"
"It's called police work, MS Gallo." He said with a smirk.
"Really? It was police work? Can you elaborate? What did you do?"
"We looked into Schott's background."
"As soon as Dunholtz was found at eight pm?"
"The National City police is very efficient."
"Why did you look into his background?"
"Because of the restraining order."
"How did you find out about the restraining order?"
"It's public record."
"Yes, but how did you know to immediately search for a restraining order?"
"It came up on a search for Dunholtz."
"What did the restraining order say?"
"That Dunholtz had taken it out against Schott because he felt threatened."
"Did it say why?"
"Why what?"
"Why did he feel threatened?'
"Because Schott threatened him."
"Did it say why Dunholtz was threatened?"
"Yeah, Schott wanted revenge for his family."
"That was on the restraining order?"
"Yes."
She went to the table and pulled out another paper. "This is people's exhibit B, a copy of the restraining order. Would you please read what it says under reason?" She handed it to him.
He took the paper and read, "Reason: victim was threatened by aggressor."
"Go on Detective."
"That's it."
"Doesn't it say why Dunholtz was threatened?"
"No."
"So how did you find that out?"
"Someone must have told me."
"Who?"
"I don't remember."
Connors interrupted. "Objection. Your honor, this is wasting the court's time. Why does it matter how Detective Franklin found out?"
Marni turned to the judge. "Your honor, the case against my client is based on circumstantial evidence. Exploring the circumstances of that evidence is key."
The judge nodded. "I'll allow it. Objection overruled. But get to the point, MS Gallo."
Marni picked up the police report. "Your report says 'based on information received, suspect was believed to have motive.' What information and from whom did you receive it?"
"I must have talked to someone."
"Who?"
"I don't remember."
"That means your report is incomplete. Since you didn't write it in the report and you don't remember, how can the jury trust anything you say?"
"Because I've been a police officer for twenty years and I know how to do my job."
Marni walked back to the table and picked up another paper sealed in plastic.
"I'd like to enter this as defendant's exhibit A." The Judge approved and she showed it to the detective.
"Have you seen this letter before Detective?"
He looked surprised and little flustered for a second before saying, "No."
"Really, Detective? You're going to tell me you never saw it before? And if I bring your assistant, Officer Monroe to this stand and he tells me that he took it from your desk and surrendered it to another officer, will your answer still be no?"
His eyes were hard. "He won't say that."
"Are you sure? And if that officer also swears under oath that Officer Monroe brought it from your office, from the official file, will your answer still be no?"
She could see the man hesitate and almost hear the unspoken 'shit'.
"Yeah, I've seen it."
Connors jumped up. "Objection! Your honor, the prosecution has not had a chance to see that letter. Why is the defense introducing it now?"
"Mr. Connors, the question you should be asking is why didn't you see it if the police had it?"
The judge said, "Counselors, approach, please."
When they got to the judge, he asked, "What is going on?"
"Your honor," Connors said, "I did not see this evidence before today. Nor did I know of its existence."
"Your honor," Marni said, "I received this from the police and naturally assumed that Mr. Connors had seen it as well. If he didn't see it, perhaps he needs to ask Detective Franklin."
The judge stared at both of them, then said, "Mr. Connors, you need to refine your relationship with the police. If they are withholding evidence pertinent to this case, that is wrong. And MS Gallo, this information should have been shared with Mr. Connors before this. I don't appreciate stunts in my courtroom."
'Yes. Your honor." She said.
He sighed. "Mr. Connors, please take a moment to read the letter. Once you're finished, MS Gallo can continue with her questioning."
They both nodded and returned to their seats. Connors read the letter, then inclined his head and Marni returned to the witness stand.
"So Detective Franklin, can you please read the letter out loud for the court?"
He read, "Chester Donholtz tried to destroy Winn Schott's family. Schott wanted revenge and threatened Dunholtz. Look at him for Dunholtz's murder."
"Please tell me when you received that letter?"
"Monday."
"In the morning?"
"Yeah."
"And how did it arrive?"
"Not sure."
"Well, was it in an overnight envelope or a regular mail envelope?"
"Regular mail, I guess."
"Just to confirm for the jury, does National City's postal service work on Sunday?"
"No."
"So in order for it to arrive on Monday morning, it would have to be mailed on Saturday at the latest."
"I guess."
"Who sent you the letter?"
"It wasn't signed, so I don't know."
"I didn't ask if you knew, I asked who you assumed?"
"A citizen providing a tip about a crime."
"You get tips often?"
"Occasionally."
"And do they usually arrive at the beginning of your investigation?"
"They can arrive at any time."
"But in this case, the crime occurred on Sunday morning and the letter was probably mailed on Saturday."
"Maybe they're clairvoyant." Franklin said with a smirk.
People in the court chuckled, but Marni jumped in before Franklin could get chummy with the jury.
"Very amusing, Detective, but wouldn't it be true that it's easy to be clairvoyant if you know something is going to happen?"
"I guess."
"So I ask you again, who do you assume sent that letter?"
He shrugged. "Someone who knew that Schott would kill Dunholtz."
"So this helpful citizen on Saturday night had a feeling that Dunholtz would be killed and instead of calling the police or Dunholtiz to warn him, they wrote a letter and mailed it. Doesn't that sound a little odd?"
Connors jumped up. "Defense is asking Detective Franklin to assume that which he has no possible way of knowing."
Marni didn't wait for the judge. "I'll rephrase. Detective, do you have any idea who sent the letter?"
"No."
"Okay, but based on the contents, what is your belief as to the motive."
"To let the police know something important."
"So why do you believe this person mailed it the day before the crime?"
"I don't know."
"Detective, once you received the letter, you immediately considered my client, is that correct?"
"We took a good look at him. Found out about the restraining order."
"Did you consider anyone else?"
"No one else had the motive or opportunity."
"But did you look for anyone else?'
"I don't know about you, but when I find an answer, I stop asking the question."
"So your answer is no?"
"My answer is no."
"So within twenty-four hours of discovering Mr. Dunholtz's body, you were satisfied that you found the murderer and didn't even consider any other options?"
"He had the motive and opportunity. No one else did."
"How many others did you investigate to determine that?"
He hesitated. "None."
"So there is a possibility that someone else had the motive or opportunity besides my client. You just never investigated that."
Franklin stared at her with hatred, but didn't say anything. However, Connors jumped up again.
"Your honor, the detective did his job and found the person most likely. It's unfair for defense to browbeat him when he did his job."
"That's fine, counselor." Marni said. "I'll stop. No more questions."
It didn't matter. She'd put it out there. All she needed to do was introduce reasonable doubt to the jury.
I wanted to answer the comments by guests, since I can't send you a response:
Eventually you will get to see Winn's POV from prison, but that will be much later, when the trial is over actually.
And with that, will come the reason he was beat up
I did hear that Winn's mom will be featured on the show and I'm very excited! Mostly because we'll finally get a Winn-centered episode this season. He's been terribly lacking.
Thanks for saying I write a lawyer's perspective well. It comes from years of watching Law and Order and reading John Grisham and Lisa Scottoline!
Thanks! I appreciate all the comments and follows!
