A/N: Look at me on a roll! If the reviews come in, I'll keep getting motivated to update and finish this story quick smart ;)
Once again disclaimer I am not a lawyer, nor an expert in criminal law - especially not American or Illinois criminal law. I do my best, I research a bit... but it's fiction so go with it lol
Thank you to Pauline for helping me with the opening statements though, I'm so thankful :)
Enjoy!
Reasonable Doubt – Chapter Eighteen
Erin POV
Jay's nerves are obvious in his posture, his gaze on his hands. My eyes move to focus on the jury, knowing my attention needs to be on them as prosecution delivers their opening statement.
"Jay, stop looking down. It makes you look ashamed."
"Sorry." He whispers as he looks up, masking the look we worked on leading up to the trial.
The prosecution stands up, buttoning his suit jacket and approaching the jury. He pauses, taking time to look them all in the eyes.
"Every victim should be able to get justice. I'm states attorney Collins and I am here today to represent a broken family.
Allie Johnson was just seventeen when her future was stolen from her. She was young and had dreams for her life, she was going to graduate from high school and go to college pursuing her life dream to become a Kindergarten teacher." I watch him pause, moving along the jury box. I jot down some notes based of jurors' reactions.
"Her boyfriend at the time, present in this court, Mr. Jay Halstead, is the one responsible for that." I feel Jay tense besides me; I reach over and grasp his arm gently.
"I want them to see me touching you, that you aren't a threat." Before I turn back to the jury.
"The accused and the victim were seen fighting the night of her death, soon before he disappeared from the party they were at. They were drinking."
I frown before scribbling down, 'tox screen Jay?' needing to check on that later.
"We will be hearing directly from a witness who saw him covered in blood, returning to the party."
I raise an eyebrow at his over exaggeration.
"When the case could not be made against him all those years ago, he showed us his insensible side, by leaving… Not mourning the life and future he had lost, but choosing to ship out overseas, enjoying taking others innocent lives, getting paid to do so! During this trial, we will show you the type of man Jay Halstead truly is. And we will leave you with no doubt he took her life that night.
It is time for her, and her family to get justice. And it is time for us to stop a monster from killing again. No more lives need to be taken. Thank you." He turns, flashing me a smug smile.
He drops a note on his desk on his way past.
Last chance. Plea bargain?
I give Jay's hand a gentle squeeze, scribbling my own note before standing and buttoning my suit jacket, slipping the slip of paper into my jacket pocket.
"Good morning all, thank you for your time." My voice is soft as I approach the jury, my soft eyes seeking their out.
"I won't take much of it up, unlike the DA. It was a moving opening statement, but it had to be, they're short of facts." I take a pause, allowing the information to hit.
"That's because their case relies on speculation where ours consists of facts and truth. Remember this, during every step of the trial." I see a few members of the jury starting to nod.
"The burden is on the prosecution to prove the accused is guilty. They must convince all twelve of you to the point where you don't have any doubt." Every eye is on me, my voice gaining conviction as I move down looking at every juror.
"If you have reasonable doubt, you will have no choice but to find my client 'not guilty'."
I swallow harshly, the emotions threatening me as I push them back down.
"The prosecution will present to you an alleged witness to a confession, I'll discredit that. I will bring up to the stand character witnesses from the toughest years of Jay's life – his time in the military." There is only silence in the court.
"By the end of the trial you will know exactly the type of man he is. Good. Heroic. Kind… and above all else; a man who is hurting and fighting for justice.
Thank you."
I move back towards my desk, stopping briefly at the prosecutions desk dropping their note back on it, the words 'hell no' scribbled on the back in my writing.
"Your honor, we'd like to call our first witness to the stand." I get ready for the upcoming cross-examination, knowing opening statements were like child's play.
"We call Jordon Knight to the stand, the defendants former room mate."
I watch them swear in the witness, anxious to get to cross.
"Mr Knight, thank you for your time." He nods in reply, eyes briefly seeking out Jays.
"Can you please tell us how you know Mr Jay Halstead?"
"We were high school room mates."
"Did you know him well?"
"Well enough." He shrugs.
"How long were you room mates for?"
"A couple months."
"And this was after Miss Johnson was murdered?"
"Objection, leading the witness." I call out.
"Sustained."
"When was this?" I roll my eyes while looking down at my pad.
"After Miss Johnson was killed."
"Did the accused confess to you?"
"Objection! Leading."
"Sustained." The judge nods.
"Did you come forward to the police?"
"Yes."
"Why?"
"Because back in high school he confessed to murdering his ex girlfriend."
"Did he say why?"
"Because she was going to ruin his life, she was pregnant." I jot down a note quickly.
"Was he ashamed?"
"Objection. He can't testify to my clients state of mind."
"Your honor, I'm just asking for his opinion on Jay's demeanour."
"He's not a trained professional, his opinion holds not merit."
The judge is nodding before ruling in my favour.
"What did he say?"
"Objection, hearsay."
"Your honor, is the defence going to allow me to ask any questions?" Collins is growing frustrated.
"I will, just don't give me reason to object."
"Sustained. Mr Collins, you're toeing the line."
"What was Mr Halstead doing this night?"
"Crying. He was upset."
"Because he confessed to murdering his girlfriend? Withdrawn." I close my mouth, shaking my head.
"Did he explain how he did it?"
"Objection, once again it will be hearsay and inadmissible."
"Sustained."
"Had you ever witnessed Mr Halstead to have a temper?"
"Yes. He was always getting into fights."
"No further questions your honour." Collins has the decency to not look smug walking away, knowing he blew it with his first witness.
"Mr Knight." He nods at me.
"There is one part of that, I would just like clarification on. You testified that my client committed this act of violence because Miss Johnson was pregnant."
"Yes."
"I'm curious, because it wasn't in your sworn statement to the police." He swallows nervously.
"Objection, not a question your honor."
"Apologies. Why wasn't this key piece of evidence in your sworn statement?"
"I can't remember what it says." He shrugs and I can almost picture Collins glaring at him.
"You give a lot of sworn statements to the police?" I mock, feeling satisfied when a few jurors chuckle.
"Miss Lindsay." The judge cuts in.
"Apologies, here I've got a copy of your sworn statement." I retreat back to my desk, grabbing the appendix I need and handing it to the witness.
"Can you explain that?"
"I must have forgotten."
"Is it possible that you heard about the pregnancy from me on TV recently and thought it sounded more convincing?" I shrug innocently at him.
"Objection, leading the witness."
"Sustained."
"Sorry your honour, guess I was just surprised. The first Mr Halstead found out of the pregnancy was a few months ago."
"Object-"
"Withdrawn." I smile innocently at the jury.
"You just ran us through the night Jay Halstead allegedly confessed to killing Miss Johnson?"
"Yes"
"You stand by your statement?"
"Yes."
"Good. So you have very specific details."
"Objection. Is there a question her?"
"Sorry I'll rephrase. You remember his exact words?"
"Yes."
"What he was wearing?"
"Yes."
"What you were doing?"
"Yes."
"Great. What was the date and time?"
"I don't remember the date. It was late." I nod unconvincingly, giving the jury a side-glance.
"What did you do after the confession?" I lean against the stand, facing the jury.
"Objection. Relevance."
"Your honor if you give me a few minutes the relevance will be clear."
"Overruled. You may answer the question Mr Knight."
"I... uh. Don't remember"
"Yet you claim to remember his confession in crystal clear recall but nothing else from that night?"
"Objection. Asked and answered."
"Withdrawn."
"Do you know why you don't remember?" He just looks at me confused before seeking our Collins over my shoulder.
"He can't help you."
"It was a long time ago." I raise my eyebrows in disbelief, before I can ask my next question he speaks up.
"I was in shock from his statement." I almost smile at the chance that has fallen into my lap.
"Call me crazy but if my high school roommate had just confessed to murder I'd remember what I did next. What date it was. Every detail for the rest of my life." My words are quick but clear, knowing what's coming.
"Objection!"
"And I'd go to the police." I butt in, exclaiming over him.
"Sustained. Miss Lindsay. Rein it in." The judge's glare is harsh.
"Apologies your Honour." I take a deep breath, making a show of gaining my composure that I never lost.
"Did you go to the police at the time?"
"No."
"Why?"
"I wasn't sure if he was serious." I turn to the jury, seeing the doubt written over their faces as the glance between Jay and Jordon.
"But you are now?"
"Yes."
"What changed?"
"I'm older." I raise a single eyebrow shaking my head.
"Were you drinking the night of the confession?" I'm back at my desk, perched on the corner.
"Yes."
"Were you on drugs?"
"Uh." He looks caught out; I collect a folder next to me before dropping a copy of the prosecutions desk, hand one to the judge and finally one to Mr Knight.
"Doesn't matter." I shrug, knowing proving his state that night isn't my big reveal.
"Does your sister have a problem with drugs?"
He doesn't answer.
"Can you tell me what this is?" I nod to the paper.
No answer, I turn to the judge.
"Mr Knight, counsel is asking you a question. May I remind you, you are under oath."
"Arrest warrant for possession with intent to distribute." He glares at the paper then at me.
"Huh. The charges were dropped on your sisters case?"
"Yes." He's quiet; I can practically feel Collins sweating.
"Right around the time you appeared on the States Attorney's witness list. I'm sure the two events aren't related at all."
"Objection." I smile knowing the damage has been done.
"Sustained."
"Did the States attorney squash her charges for your coerced testimony?"
"Objection? Leading the witness. Inflammatory." Collins slam his hands down unsure which objection to go with.
"I'll rephrase. What happened to the drug charge?"
"Objection. Relevance."
"I can't speak to relevance until he answers. But it's obvious where I'm going. Mr Knight's character should be called into question. My clients has been by Mr Knight's, and therefore the jury have a right to know. Their case hinges on this testimony so why shouldn't we explore his character?" I can see the judge is growing annoyed.
"Hurry up miss Lindsay my patience is growing thin. Overruled."
"Yes your honour. Please answer the question."
"I. Uh..."
"I'll remind you lying under oath is perjury which is a class three felony, and punishable by up to five years in a state prison."
"I take the 5th."
"Do you have a daughter?"
"Objection. Relevance."
"Next question will show that. Promise."
"Overruled. She seems to be on a roll. I'll allow it."
"Yes."
"She received $50,000 in her bank account the day after you agreed to testify. Care to explain?"
"Obje-"
"I'll rephrase. Do you know where the money came from?"
"No. You'll have to ask her." Smug appears on his face before I beat it away.
"Good idea. I'll serve a subpoena and do that." I turn to walk away.
"No."
"Then do you care to answer the question?"
"I plead the fifth."
"So someone paid you for false testimony?"
"Objection."
"Withdrawn."
"I'd like to enter into evidence this appendix showing the deposited money into his daughters bank account."
I hand papers to the Judge before moving to the prosecution.
"Perhaps the states attorneys office want to look into it, seems like a pay off." I smirk at Collins before moving to my seat.
"No further questions."
A/N: Thank you for reading, please let me know what you think.
:)