A 'Fortunate' Day
Chapter 7
Tomorrow Mike and Connie will be defending Jenny Lupo against the wealthy Wesley Wright in criminal court. It did not look good for Jenny since there was evidence that she have gone into the Wright's jewelry box.
"At least I'll have the rest of the night to work on the case," Mike said, as he breathed a tired sigh.
To Connie, he really did look exhausted. It had been nonstop work for him. Connie didn't' t have any doubt it was a busy, difficult two days for him-especially since he's already caught the wrath of Jack, which in of itself, was rather draining.
She eyed him with empathy, "Do you... need help? I can stay...if you want, that is..."
At first he seemed surprised and then it changed to a look of wistfulness.
"I could order Chinese food...if you'd like..." he suggested.
Connie broke into a genuine smile, "Chinese food is one of my favorites."
"How does shrimp lo mein sound?"
"Great!" Connie said, "and I wouldn't complain if some egg rolls and orange chicken suddenly found their way inside the bag, too!"
Mike picked up the phone, "I'm on it!" he exclaimed excitedly as he dialed Wong's.
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An hour later the familiar Chinese boxes were half-emptied. At different times they had each dined separately at this place, but somehow the food was especially delectable when they shared the food together.
Mike started by telling Connie a humorous story about his nervousness when he prosecuted his very first case. She was trying to stifle a grin as he continued to relate his story.
"You did NOT ask the witness that question on the stand!" Connie half-laughed as she fiddled with the chopsticks at the bottom of one of the white cartons she held in her hand.
"I did," Mike admitted, as he took his last bite of his egg roll, "and that wasn't even the worst blunder I made regarding that witness."
Connie stopped working her chopsticks at the bottom of the carton and looked up, "Oh? How could it get any worse?"
Mike wiped his hands on his napkin, "Then I asked the witness, 'So the defendant had three children?' and after the witness said 'yes', I asked 'how many were boys?' and the witness responded with 'none' to which I then followed up with the brilliant question: 'Were any of them girls?' You should have seen the look the witness gave me!"
"Nooo!" Connie laughed, "I wished I was in the gallery just to hear that testimony!"
"Oh, but there's more, Kimosabe!" Mike claimed as she grinned.
"I can't imagine! Go on," Connie encouraged him.
"The next witness was the coroner," Mike explained, "So when she gets on the stand, I bungled the question with, 'Doctor, how many of your autopsies have you performed on the dead?' and with a straight face she responded with, 'All of them. They're the types that don't complain.'"
Connie laughed so hard she almost had tears in her eyes. She couldn't remember when she had so much fun on a date. Then her eyes widened at the idea that she had thought of THIS as a date. So instead she reached over, grabbed her fortune cookie and read the fortune.
"Oh myyy," she said, her eyes dancing in merriment.
Mike tried to peer over, "Why, what does it say?"
She read it out loud this time: The world may be your oyster, but that doesn't mean you'll get the pearl."
He smiled, "Underwater fortunes are the deepest, wouldn't you say?"
Connie returned his smile, thinking she was having a grand time.
"What does YOUR fortune say?" she challenged, peering over as he reached over for his cookie.
"Let's see, shall we?" he said mysteriously, as he cracked the cookie and read the fortune in his most serious tone:
"Never wear your best pants when you go fight for justice."
They looked at each other with stunned expressions before breaking up in laughter.
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(The next day)
The bailiff announced, "All rise, the Honorable Derek Hefner now presiding."
Along with everyone else, prosecutor Harry Nelson stood. He glanced over with disdain at the defense table. Already he hated Cutter, but not due to this case. Nelson hated that he had been passed over for the position of EADA for this...unknown lightweight...this Cutter guy. He also hated the idea that a petty larceny case had been turned into a jury trial. And that annoyance would manifest itself into everything he said or did in court today.
Judge Hefner took the bench and everyone sat.
He had presided on many cases, including Jack McCoy's first case. And now McCoy was promoted. Good riddance, Jack, the Judge thought, may I never see you in court again. He was relieved to be rid of a headache. He just hoped he didn't have to deal with another rebellious rule-breaker.
Wesley Wright' private security officer was first put on the stand by the prosecution side.
James Reed testified that he had been hired to stop a series of petty thefts occurring at the Wright's residence. He therefore had secured the blue/green powder which showed when exposed to ultra-violet light. He then removed the valuable jewelry and replaced them with glass ones in the jewelry box. Afterwards he and Wesley Wright called the defendant into the living room and upon using the ultra-violet lights wand, it showed Jenny Lupo's fingers to have turned a fiery bluish-green.
Prosecutor Harry Nelson looked pleased at the concise testimony, "No further questions. Your witness."
Mike stood and Connie could see that security officer James Reed braced himself for an abusive cross-examination.
"I will stipulate that everything Mr. Reed stated is the truth." Mike announced to the surprise of everyone in the room, including Connie. "and I have no questions for this witness."
And then Mike sat down again.
No questions at all? Connie thought disappointingly to herself.
She was used to Jack's exploratory method of questioning every witness and now began to wonder about Mike's ability as an attorney. Perhaps his confidence was merely an act.
Prosecutor Harry Nelson also seemed to be caught off guard by Mike non-involvement with a witness, "...Very well,...then I would like to call up my next witness, Wesley Wright, to the stand."
When Connie peered over at Mike, she noticed his intense interest at the appearance of Wright.
Wesley Wright marched decisively to the witness stand and told his story to everyone, reinforcing further how the fluorescent powder had been placed on the jewelry box and then left on the writing desk and how Jenny Lupo''s hand revealed the same powder.
Looking pleased with the finished testimony, Harry Nelson sat down.
Judge Hefner then turned to Mike and asked, "Do you care to question this witness, Mr. Cutter?" he asked, a bit sarcastically.
Mike stood, "Yes, I would, your Honor."
Wesley Wright cleared his throat uncomfortably as Mike approached him.
"Mr. Wright, could you describe for us the jewelry box involved with this case?" Mike asked politely.
Wright seemed both surprised and relieved at the non-hostile opening question from the defense side.
"The shape of the jewelry box? It's very much like a treasure chest," he described, " except it's covered with leather and studded with silver nails. There are also leather handles on each side."
"I see," Mike pondered, treating the answer seriously, "and what about the dimensions of the jewelry box?"
Wright contemplated, "It's rather large. I'd say about 15 inches by ten inches by ten inches."
Mike acknowledged, "And it was the property of your wife?"
"Yes," agreed Wright, "I had given it to her for Christmas a year ago."
"That was a nice gift for her."
Wright was beginning to think this was easier than he originally thought.
"I thought so myself," Wright stated.
At this point, Wright's lawyer, Harry Nelson, stood.
"Your Honor," Nelson complained, "Does Mr. Cutter plan to set up a bridal registry? Otherwise, I don't see the point of this tedious questioning!"
"Sustained," the Judge ruled, clearly not interested in any long drawn-out testimony. "Move it along, Mr. Cutter."
"Of course, Your Honor."
Connie looked thoroughly baffled at Mike's line of questioning.
What was Mike's purpose of asking about the jewelry box?
Was he just wasting time?
Meanwhile, she watched Mike pace the floor back in forth, deep in thought. Suddenly, he halted his steps.
"Now Mr. Wright," Mike inquired, "regarding the contents in the jewelry box... when you believed someone had been taking jewelry from it, you decided to replace the real jewelry with some imitation pieces in the box and then the jewelry box was dusted with powder, is that right?"
"Yes."
"And then, what time did you check the jewelry box along with its contents again?"
"Six o'clock in the morning, after Ms. Lupo's shift ended."
"And both you and Mr. Reed made the examination of the jewelry box after her shift?"
"Yes."
"Who opened the jewelry case?"
"I did," said Wesley Wright, "since it was locked."
"Really? So you had to open it with a key?"
"Yes."
"So if it was locked all night and morning," Mike reasoned, "then how could anyone have gotten into it?"
"Who knows?" Wright answered immediately, "The thief could have made a duplicate key, which was not impossible to do, or the lock could have been easily picked. This was only a jewelry box after all, not Fort Knox."
He smirked at his own cleverness.
And it was obvious he was expecting such a question.
Mike nodded. Connie didn't understand where Mike was going with his line of questioning. They had discussed none of this last night. Last night while sharing stories and Chinese food, she fondly recalled. She had to force herself not to smile.
"Did your security officer have a key?" Mike asked.
"No, only my wife and me."
"And, why would you need a key to your wife's jewelry case, Mr. Wright?" Mike looked interested.
"It's a matter of precaution," Wright explained, "You know how women are always losing things. I gave her a key and then I retained another key in a safe place for myself."
"Oh, I see," said Mike, as he made a swift glance at the half a dozen female jurors, "so you felt that the reserve key would be safe in your possession and would guard against your wife's negligence?"
"That's right," he agreed.
"So your wife might be inclined to lose her key like women often did?" Mike asked.
"Didn't I just say that?" Wright looked a little impatient now.
"Yes you did," Mike nodded, "I just didn't realize you had such a contempt for the ability for women to keep things."
Wesley Wright looked like a deer caught in the headlights.
"Objection!" Harry Nelson immediately was on his feet, "Counsel is leading the witness!"
"Not at all, Your Honor," Mike said, "I was merely restating what the witness had said in my own words."
"Mr. Wright did not say that at all!" Harry Nelson bellowed, "If counsel is going to cross examine, he must use the witness' exact words!"
The Judge ruled, "I know of no precedence to buttress that fact, Mr. Nelson," he stated, "The witness can certainly correct Mr. Cutter if he is incorrect in his re-wording of the testimony. Overruled."
The Prosecutor had no choice but to lower himself back down.
"Now Mr. Wright-" Mike began.
" -but I never said those words!" Wesley Wright interrupted, looking completely indignant, "Do NOT put words in my mouth!"
"Mr. Wright, I will be the first to apologize if I misunderstood you," Mike calmly told him, "Tell you what. We can settle this matter very easily by asking the court reporter to read back her notes."
Mike instantly looked over at the court reporter, as well as the entire gallery. Wright instantly shot a look to his lawyer, Harry Nelson who looked annoyed and then shook his head. Both knew that Wright did basically admit that women were overall forgetful. He had also come off as having a lowly opinion of his wife's ability in keeping things. It would be a disadvantage to hear the court reporter's testimony and remind the jury of that.
"No, that's not...necessary..." Wright slumped back in his seat.
"Are you sure?" Mike asked politely.
Wright looked at Mike with complete hatred, "it's just...that's not what I meant!" he snapped.
"Oh, then you said something you didn't mean?" Mike gave him an innocent look.
"Yes!" Wright admitted.
"So you said something you didn't mean...under oath?"
Mike pretended to be listening very closely.
Wright realized he was digging himself a bigger hole.
"It was...a slip of the tongue!" declared Wright as he looked apologetically at the jurors.
"A slip of the tongue?" Mike repeated, "Do you mean you let slip something that wasn't true, Mr. Wright?"
"No! I mean, yes! I mean...I just wasn't thinking!" Wright looked completely flabbergasted, "I was only trying to say that my wife has a habit of losing things!"
"...and did you not generalize by stating that that was a trait that women generally had?" Mike asked quickly.
"Oh, Your Honor," Prosecutor Harry Nelson stood, looking thoroughly annoyed, "Good Lord, we've been over this already! Asked and answered ad nauseam."
"But I think it's important, Your Honor," defended Mike, "to find out the attitude this witness may have towards women since my client is a woman. Also, I am interested in finding out what's in the back of Mr. Wright's mind when he swears under oath that he made statements he didn't mean."
"Nothing in his testimony is incorrect, Your Honor!" claimed his lawyer, Harry Nelson, still standing.
"You mean, Mr. Wright does say things he doesn't mean and he really does feel that women are not to be trusted with responsibility?" Mike asked, blinking quickly.
The Judge slightly smiled before banging his gavel. The women jurors were glaring at Wright as a few scattered spectators snickered.
"You've made your point, Mr. Cutter," the Judge stated, "so let's put an end to that line of questioning. " he then glanced at his watch, "And this might be the perfect time to break for lunch. Court will resume again at two."
He decisively banged his gavel.
"All rise," the bailiff stated as the Judge left the bench.
Wordlessly, Mike returned to the defense table and began gathering his papers together.
As Connie glanced around the courtroom, she noted how the prosecutor appeared angry, the gallery seemed entertained, and Wesley Wright looked completely flustered. It seemed the proceedings went exactly as Mike had hoped.
She next leaned over to him and whispered, "I see you've worn your best pants and justice still managed a small victory," she jested, alluding to his silly fortune from yesterday.
And even though he still had questions for Wright, Mike felt he had already won the case.
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More courtroom testimony to come!
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