Supreme Court Criminal Term
Trial Part 62
111 Centre St
11.15 am Monday 23 October 2006
"And what was the cause of death?" Jack McCoy asked – not for the first time.
Regan bit her lip and looked at her watch under the bar table. McCoy was clearly trying to spin out the proceedings to the lunch break. He had pushed the limits of the opening statement, without actually saying anything besides foreshadowing the circumstantial evidence. Regan had to admit he had made the evidence sound a lot more convincing than it actually was – but she was surprised he had not offered any motive to the jury. Juries like to know the why as well as the what … and we know the why, because even if we can't introduce the confession into evidence Forrest did make it. But McCoy made no reference to motive, offered no motive for the jury to consider.
"Drowning," Elizabeth Rodgers said.
"So the gunshot wounds were not fatal?"
"Not immediately. At least two would have been fatal with in a few minutes of infliction, but Mr Downer went into the water and drowned before that could happen."
"So would you say he fell or was pushed into the water almost immediately after he was shot?"
"Yes."
"Did he drown because he had been shot?"
"Given that one of the bullets shattered his spine, his ability to swim would have been severely compromised," Rodgers said dryly.
"So let's be clear, Doctor," McCoy asked. " Mr Downer drowned because he was shot."
"Yes."
"So, the person who shot him was responsible for his death."
Rodgers took a breath and then clearly thought better of what she was going to say. Very deliberately, she folded her hands on the rail of the witness stand. "Yes," she said, in a tone that added you moron.
"And could you tell the court what injuries were inflicted by these shots?" McCoy asked.
"Your Honour," Danielle Melnick said, rising to her feet, " Mr McCoy has canvassed this extensively already."
"I agree," Judge Pongracic said. "Do you have any new questions to ask this witness, Mr McCoy?"
McCoy paused, before finally conceding: "No, Your Honour."
" Ms Melnick, your witness," Pongracic said.
"I just have one question, Dr Rodgers. Does any of the evidence you have given to this court indicate who shot Peter Downer?"
"No," Rodger said.
"Thank you," Melnick said. "That's all."
"Do the People have any other witnesses?" Judge Pongracic asked. McCoy studied his papers, though Regan knew he could not help but know there were no more names on the list of People's witnesses. Surreptitiously, she slipped her cell phone open and checked to see if there were any text messages from Forensics or the 2-7 or from One Hogan Place. Nothing. When McCoy looked hopefully at her, Regan shook her head slightly. " Mr McCoy?" Pongracic said testily.
"Your honour, the People are expecting notice from the Police Department about new forensic evidence," McCoy said.
"Approach, your Honour." Melnick snapped.
Regan strained to hear as Melnick and McCoy talked to the judge. Melnick seemed angry, probably making the point that introduction of new evidence at this point in the trial disadvantaged the defence and make a mockery of discovery. That was certainly the point Regan herself would have made in Melnick's place, but without much hope the judge would buy it. And from the look of Pongracic's face, Regan didn't think the judge was buying it.
Melnick threw up her hands and headed back to the bar table, McCoy following more slowly. Pongracic took her hand off the microphone and reached for her gravel. "We will adjourn for lunch until 12.30. And when we come back, Mr McCoy, the people had better be prepared to present their evidence or rest their case." She rapped the gavel down sharply.
Regan started to gather the prosecution's papers together but McCoy stopped her with a hand on her arm. "Leave it," he said. "Leave the papers with me. You have one hour to get something out of Forensics that will allow us to put this to bed. Go."
Regan went.