A/N: So I hope everyone is keeping safe and sane during this time xx
I am an essential worker so I haven't been updating as I am working more now than usual.
Shout out to every essential employee- especially those healthcare workers. I don't know how you do it.
I apologise for the mistakes in the chapter.
Reasonable Doubt – Chapter 22
Erin POV
"No, again. Say less."
"But I need to-"
"No, the only thing you need to do is say less. The more you say, the more likely you are to say the wrong thing." He rephrases and I groan walking away.
"No. Don't say that. Yes, no or a short answer."
"How do I do that?" I open an energy drink, groaning again when I see the time.
"By not going on the stand." He rolls his eyes.
"One sentence."
"How do I explain why I left her alone in one sentence?"
"I can't believe it now, but I thought it was embarrassing to cry in front of her.' Don't mention the word ashamed, it will relate to the jury in the wrong way. Don't ramble on about useless details. Explain why you left her, why you lied before you knew she was dead. Then shut up."
"Fuck."
"I told you it's hard. You don't have to do this."
"Again."
"God help me." I close my eyes, head falling back.
"Well this is a surprise. The defence calls Jay Halstead to the stand." I watch as Jay gets sworn in, his calm composure forced.
"My Halstead, why are you up here today?" My tone is gently, encouraging him to keep his tone similar.
"To clear things up."
"Well, let's get to it then. Is it correct you told the Detective that you didn't see Allie again after she left the party?"
"Yes." He doesn't look down in shame anymore and I'm relieved.
"When did you do this?"
"Before he told me she was… that she'd passed." His voice stumbles from being pulled back to that moment of grief.
"You didn't know she had been murdered?"
"No."
"Why did you say that?" He pauses briefly, eyes meeting mine.
"I was upset."
"Why?"
"She broke up with me."
"Were you mad?"
"No, upset. She was the first woman I ever loved." He turns so the jury can see the tears in his eyes.
"When was the last time you saw her?"
"After the party, she'd walked out and I wanted to know why."
"Where did you go?"
"To the park, it was on her way home."
"You caught up with her?"
"Yes. She broke up with me." He shrugs.
"Why?"
"Because she didn't want me to leave… I was leaving to join the rangers after we graduated." I watch him straighten in his seat.
"After she ended things, what did you do?"
"I left, I didn't want her to see me cry."
"You didn't walk her home?"
"I wish I did, if I could change one thing… I never would have walked away." He doesn't stop the tear falling.
"Where did you go next?"
"Just walked around trying to stop crying."
"How did you cut your hand?"
"On glass from a trash can."
"You told the Detective you cut it from a broken window at the party?"
"Yes."
"Why?"
"I was a scared kid, it seemed the most believable."
"Why did you think it had to be believable?" My voice is soft, full of sympathy.
"The Detective told me I was the main suspect." The weight of his sentence carries through the court room, sitting with the jury.
"When did you tell the truth?"
"When they questioned me again."
"Why?"
"I'm older now, I value truth and honesty."
We go back and forth ticking off all the discrepancies that the prosecution have raised. Jay has kept his cool, keeping his answers short- but eliciting sympathy.
I don't release a sigh of relief, knowing the prosecution is up next.
"You value truth and honesty?" I raise my eyebrow at the first question he chooses to ask.
"Yes sir."
"And yet you lied."
"When I was young, yes."
"Young… you made a mistake?"
"Yes." I clench the pen in my hand.
"Like murder?"
"No."
"You've taken a life before." I watch Jay stiffen, eyes filling with fury.
"I have, in the line of duty. I served my country."
"Did you enjoy it?"
"Objection, relevance?"
"Your honor, if you allow me I'll show the relevance."
"Overruled."
"No. Those lives I took serving my country will stay with me until the day I day."
"How long did you serve?"
"Two tours as a ranger."
"What's your confirmed kills stat?"
"Objection. Again I'm not seeing the relevance."
"Your honor, if I may – it shows what the accused is capable of."
"You're not honestly suggesting that everyone in the military is capable of murder?"
"They are capable."
"Of sanctioned kills by the American government. Your honor, please this line of questioning is ludicrous."
"Sustained. Counselor, move the questioning along."
"Your honor, I would like to take this opportunity to once again bring up my motion to amend the witness list to include those who service with Mr Halstead and who could serve as character witnesses."
"Miss Lindsay I believe I have ruled on this."
"You have your honor, however the prosecution has just opened himself up to this, but bringing up his time overseas."
"Your honor, if I may-"
"No, I'm inclined to agree. You did bring up this line of questioning, it's within reason they would want to explore it too."
"Great, I'd like to amend my witness list by five people." I pick up the files and dump one of the prosecutor's desk before moving forward to provide a copy to the judge.
"Do you know what the murder weapon was?" I frown, confused where this is going.
"Yes."
"How?"
"The detective."
"You aware there's two sets of DNA's on there?"
"Objection. The murder weapon is inadmissible."
"Not anymore, your honor-"
"Counselors, my chambers. Now." I catch Jay's fearful gaze before I follow the prosecutor into chambers.
"The murder weapon is inadmissible, why are you bringing it up?"
"The murder weapon is inadmissible, not the fact he volunteered his DNA."
"How do you figure?" My hands find my hips.
"Just by being on the stand. He's here, so I can ask a question and it's not hearsay."
"Your honor, the murder weapon broke chain of custody."
"You opened the door when questioning forensic evidence, and by putting him on the stand."
"You did open yourself up to this by putting your client on the stand. I'm not allowing the murder weapon back in, but this line of questioning stands."
"Your honor, can we have a quick recess so I can prep my client?"
"Fifteen minutes."
"How did this happen?"
"Your on the stand, when a client does that- there isn't much off limits."
"So what do we do?"
"You plead the fifth. The murder weapon isn't admissible, but he can pursue this line of questioning."
"Plead the fifth?"
"It's your right against self incrimination."
"Wouldn't that make me look guilty?"
"Not as guilty as though DNA results."
"So what do you want me to say?"
"Okay, but don't go off script. Once you answer a question they can compel you to answer the following ones."
"So I can't answer anything."
"Don't answer anything."
"Okay, tell me what to say."
"Mr Halstead, are you aware there are two sets of DNA on the murder weapon?" I feel his eyes find mine before he swallows roughly.
"Under the advice of counsel, I assert my Fifth Amendment privilege." My eyes are glued to the jury, watching their frowns develop and curiosity fill their gazes.
"The police asked for your DNA, did you consent?"
"I plead the fifth."
"Did your fights with Miss Johnson ever get physical?"
"I plead the fifth." I can see the anguish on Jay's face, knowing he wants to set the record straight but knowing the second he answers one of these questions – he'll be forced to answer the ones we can't afford.
"Isn't it true that the night in question, Miss Johnson was pregnant?
"I plead the fifth." I can see the tension radiating off Jay.
"You weren't happy with it, she wouldn't take care of the problem, so you took care of it yourself?"
"Objection. Leading the witness. Calls for speculation, not found in evidence."
"Sustained."
"Witnesses at the party attest to seeing a heated moment between you and Miss Johnson. Did you go to the park for privacy?"
"I plead the fifth."
"Is that the night she told you of the pregnancy? Wanting you to change your future? Ruin your future?"
"I plead the fifth." I feel fear clench my insides, seeing Jay at the end of his rope.
"What really happened between you and Miss Johnson when you followed her out of the party? Did you pick up the timber in the heat of the moment?" I don't get the chance to object.
"I offered my DNA! Doesn't that prove I'm innocent? I loved her, I would never…" Jay trails off realizing his mistake, my eyes widen and heart drops.
"Let's get back to that DNA. Did you consent to your DNA being tests against those found on the murder weapon?"
There's a pained silence.
"May I remind you, you cannot plead the fifth."
"Yes I did."
"Your Honor I would like to introduce the murder weapon back into evidence."
"Given the testimony here today, I move to have the forensics on the murder weapon admitted."
The prosecutor moves to his desk, before dropping a file on my desk and then to the judge, and finally hands one to Jay.
"Can you tell the court what I just gave you?" Jay reads the information before looking at me.
"The DNA results from the murder weapon against my sample."
"Can you read the results?"
"It's a 96% match." The intake of breath from the jury is as loud as a gun.
"The other DNA on the weapon?"
"100% match to Allie Johnson."
"Thank you, no further questions."
"Cross examination please?" The judge nods at me.
"You plead the fifth to a number of questions, why?"
"On advice of counsel, if I answered one I would have to answer them all."
"Did your fights with Miss Johnson ever get physical?"
"Occasionally."
"In what way?"
"She threw a vase at me once."
"Anything else?"
"Only in the way that we were teenagers with raging hormones."
"Mr Halstead?"
"We would… make up after a fight." I nod, feeling the jury can ascertain where he's going.
"Did you know Miss Johnson was pregnant?"
"No, I found out when we were preparing for the trial."
"You never argued with her about a pregnancy?"
"Never."
"The prosecution wants to highlight your time serving your country. What's your greatest achievement as a ranger?"
"Saving the lives I could. Bringing as many brothers and sisters home safe as we could manage.
"Not your medals?"
"I don't… I didn't do it for that."
"Why did you go back for a second tour?"
"I saw what was happening over there, and when I was here… I could only think about those who needed help."
"Why did you leave the service?" I don't dare cast a glance at the jury, keeping my gaze locked with Jay's trying to show his humanity to those watching.
"I was struggling with all the loss of life."
"The life's you took?"
"No, the ones who didn't make it home."
"Why did you apply to become a Chicago Police Officer?"
"Because I wasn't done helping people. I thought I had more to give. I've served my country, now I want to serve my city."
"No further questions."
"Erin." Jay's voice is trying to get my attention, we've just walked in the door.
"Not now Jay." My whisper breaks my voice.
"I'm sorry, I screwed up."
"Jay, I can't right now. I know you probably need comfort but I just can't right now… I just need to minute alone. Please." I blink back tears keeping my eyes on the wall across from me.
I wait until Jay's footsteps disappear down the hallway, my hands clasp my stomach as the silent sobs rack my body.
A/N: Apart from the mistakes and the fact I have zero idea about law lol please let me know your thoughts
Reviews really do motivate updates... haha
Stay safe x