The First Witness
Chapter 7
Mike stood, "The People call Detective Ryan Hyland to the stand."
Detective Hyland was tall, of medium built with an average face and dark curly hair. He was sworn in and sat down.
Guided by Mike, Detective Hyland testified about finding the body of Tom Merrick on one of the Swan Boast in the Public Garden. Hyland had been the first law enforcement officer to arrive on the gruesome scene.
"...It was," the detective ended his narrative, "a clean killing."
"Could you tell the court what is meant by a 'clean killing'?" Mike inquired, curiosity etched on his face, "Surely you don't mean soap-and-water, just finished- a -shower kind of clean, do you?"
There were a few people who smiled while Connie tried not to roll her eyes. It was interesting to see Mike's questioning methods from the other side. It was annoying.
Even the detective smiled, "Of course not, Mr. Cutter. It just means that there was relatively little blood, despite a stab wound to the chest."
"And how much blood was there at the scene?" Mike asked, "Would you say a pint of blood?"
Connie stood, "Objection, leading the witness."
"Your Honor," defended Mike, "the detective is an expert in observing crime scenes. He knows when a murder scene contains a little or a lot of blood."
"But Mr. Cutter has asked for an exact amount of blood and he has failed to set the foundation as to whether or not Mr. Hyland had a measuring cup with him," stated Connie, looking at Mike.
Mike tilted his head, "Really, Miss Rubirosa, a measuring cup?"
The Judge hit his gavel, "Are either one of you interested in what Ihave to say about the matter?"
Mike and Connie apologized.
"Overruled."
Mike nodded, "Again, was it about a pint of blood?"
"Yes," the detective said, "or perhaps a little less than that."
"Now, Detective Hyland," Mike began, "It was a quarter to twelve when you discovered the body. Is that correct?"
"Yes, that's correct."
"In what position did you find the body?" Mike asked
"He was facedown."
"And you could see the wound?" Mike asked.
"No," said the detective, "but I could see the blood. At first I thought it was coming from his stomach. It wasn't until later that I learned it was from a wound to his chest."
"So what did you do then?"
"I called for backup."
Mike nodded, "Thank you. No further questions."
The courtroom was silent as Mike sat down, bracing himself for Connie's cross.
Connie stood up immediately and walked over to the witness stand.
"Good day, Detective Hyland," Connie smiled as he nodded, "Could you please tell the court how was it that a plainclothes detective such as yourself was the first to arrive on the scene?"
The detective sat up proudly, "I am part of a new plainclothes task force patrol working the park. Lately there have been reports of a lot of kids hanging out there at night. Some vandalism had been witnessed near the Swan Boats, too."
"Oh, vandalism? What a shame!" Connie looked shocked as Mike tried not to roll his eyes, "and isn't it true that you've made arrests of some of these kids before, at the very spot where Tom Merrick's body was found?"
"Objection!" Mike was on his feet, "this whole line of questioning is irrelevant."
"Overruled."
Mike tried again, "Failure to lay foundation for admission of testimony."
"Overruled."
Connie faced the witness, "Let me re-state the question quickly, before we get interrupted by the prosecution again,"she stated, glancing at Mike, "Isn't it true that you've made arrests of some of these kids before, at the very spot where Tom Merrick's body was found?"
"A few arrests," the detective said.
"A few, you say," Connie repeated, "Over what period of time?"
The detective looked up to think, "Um, a few arrests over the past two years."
"What were those arrests for, Detective?"
"Uh, vandalism, as I had stated," the detective testified, "but we've also arrested some kids involved with loitering, even drugs."
As Connie went back to the table, she held up a paper.
"So you've made arrests only for drugs and loitering, detective?" Connie asked, as she waved the paper in clear view for the detective.
Mike knew what was happening. Connie was pretending she had evidence of the actual arrests at the park. From his table, Mike could see the paper was blank, but he was not going to object, for he knew he had worked that ploy plenty of times and she would rip him to shreds over that. As if she could read his mind, she looked over to him with a slight smirk.
"Well," said the detective, reconsidering, "There was one drug arrest which also involved possession of a weapon."
"Is that so?" again, Connie looked surprised, "and what sort of weapon are you referring to, detective?"
The detective paused before answering, "a…knife."
There were uncomfortable murmurings.
"And this knife incident," asked Connie, emphasizing the word knife, "did this happen right around the time of Tom Merrick's murder?"
"That's correct."
"Weeks before?"
"No."
"When then?" Connie gave the detective her full attention.
Detective Hyland heaved a big sigh. "A couple of days before."
"And can you tell the court, where is this person now, detective?" Connie wanted to know, "this person arrested for possession of a knife?"
"I have no idea," the detective replied, "I don't keep tabs on all the arrests I make."
"Well, then," said Connie, "to the best of your knowledge, would that person you arrested for possession of drugs and a lethal weapon, be behind bars?"
"Objection," Mike stood, "Calls for speculation."
"The detective may have knowledge of whether or not the person he arrested was in jail or if that assailant had made a 'clean' getaway," Connie slightly mocked Mike's original mention of 'clean', "and oh, I don't mean the soap-and-water kind."
"I resent…" began Mike before he was interrupted by the Judge.
The gavel came down, as the Judge addressed the attorneys.
"I can see both counselors can exchange sparkling repartee, however, we do need to move on," the Judge said, "Overruled."
Connie gave Mike a look of victory, "Actually, no further questions. Thank you Mr. Hyland, for being such a good witness for the defense."
Mike leaned back, frustrated. The detective was his witness.
.
.
So day one of the Merrick case was over. Everyone had filed out. Connie and Doug Merrick were the last to leave the courtroom for they wanted to avoid all reporters. The hallway seemed empty as they filed out.
"How do you think the first day went?" Doug was asking Connie as he opened the double doors leading out into the hallway.
"Fine, "Connie sounded neutral, "In fact, I believe we scored one for our team."
"That's great, Connie!" Doug looked pleased, "What will happen next?"
Connie sighed, for she was not looking forward to what was coming up.
"I expect the next day to be more of the same from experts and the like," she explained, "I'll be sure to make it clear to Mi…to the prosecutor and jurors that there is no DNA evidence to tie you to the crime."
"Of course there isn't, "Doug stated confidently, "because Idid not kill my brother!"
"Yes, I am aware—" Connie began, but stopped when she saw Mike approaching them.
She should be frustrated at Mike, she should be angry with him for all his interruptions in court, but she couldn't help the slight smile that came to her lips, at his appearance.
"Connie, " Mike nodded, as he walked up to her, "that was quite a show you put in there."
At first she thought Mike was being his usual sardonic self. But she noted how his admiring gaze searched hers. She tried to calm the sense of yearning she had been feeling towards him lately. But that seemed to be an impossibility when the blueness of his eyes seemed especially vibrant today.
And despite Connie's efforts to appear coolly professional, his name rose softly in her throat when she greeted him, "Mike".
An unsteady sound escaped him at the way she said his name.
The air seemed charged with tension as Mike, Connie and Doug stood there. Mike was looking at her as if he hadn't seen her for years, although they had just gone head to head against each other in court.
"Uh," Doug broke up the silence as he noticed the way Mike and Connie were viewing one another, "Have you two gone up against each other before?"
Connie answered without taking her eyes off Mike, "If you must know, Doug; Mr. Cutter is my boss in New York City."
Doug looked completely taken aback, "Y-Your boss?"
"…More like colleagues," corrected Mike.
"Doesn't that make it a conflict of interest?" Doug asked, a scowl on his face.
"I think it does, as a matter of fact," answered Mike, snidely, "as it pertains to you and Connie, that is."
"Hey now, wait a minute!" Doug exclaimed, "There is absolutely nothing wrong with Connie helping out an old boyfriend is there? You're just mad because she got the better of you in court! She is better than you at this job!"
The part about Connie being better than him did not bother him as much as Doug mentioning being her 'boyfriend'. Mike winced at that. His expression clearly showed he did not think much of Merrick. To Mike, Merrick came off as an upper class cream puff.
"How would you know anything about how good people are on a job," Mike stated to Merrick calmly, "being that you never worked a day in your life…"
Connie faced Mike, eyes flashing, "Mike, that's a low blow, even for you!"
Mike hated how quickly Connie defended Merrick.
. "…that was a low blow even for me?" Mike parroted Connie's statement, "You make it sound like I am giving low blows left and right!"
"Well, nothing surprises me about you, Mike…" Connie 's frustrations showed through, "…especially when it comes to a case, you will do anything, say anything to win!"
"And what kind of do anything, say anything tactics did I use in court today, Connie?"
Now Doug was watching the two of them like it was a tennis match.
"Really, Mike? You need to ask? I guess you've used them so often, you've actually become immune to them! Here's an example…how about when you interrupted my opening statement because of my narration included the mention of lobsters…" Connie asked.
"You were the one who went on and on about the lobster dinner," Mike stated, "I was afraid you were going to mention what side dishes accompanied the dish right in your opening statement!"
"That wasn't half as bad as you and the moonless night!" Connie countered, "We were discussing a murder, not the cover of a romance novel!"
"What, " responded Mike, "are you jealous of my descriptive narrative? At least I didn't bat my eyes like a Southern belle and ask the jury to 'not take my word for it, but I wish you did'!"
Connie looked flabbergasted," I am sorry I had to choose theatrics over you using your charm for the 'soap-and-water' anecdote!"
A pause.
Mike's mouth dropped and he looked slightly taken aback, "You…You thought…I was charming?" He stared at her in quiet wonderment.
She blushed and tried to show exasperation at his reaction, "What? No, that's not what I meant…a mistake…what I should have said…"
R-r-ing.
Their arguing was interrupted by Mike's Blackberry. This gave Doug the perfect opportunity.
"Come on, Connie, " Doug announced, "Let's go…I know an excellent restaurant we can try for dinner tonight."
Doug reached for Connie's arm. Mike and Connie had been staring at each other, dazed and frustrated. Doug practically had to force her to turn around. Connie seemed hesitant, almost acting as if she did not want to go.
At one point as they started walking away, Connie gave a half turn back, but changed her mind and proceeded to walk forward, alongside Douglas Merrick.
Mike's BlackBerry continued to ring, but Mike did not answer it. He was too absorbed in watching Connie walking away with another man.
And suddenly he felt his heart aching.
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Again, not an attorney...this was for entertainment purposes only! :D
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