Chapter 11
"Which witness will the defense call first?" judge Bone asked.
"I call James Ford," Turner announced.
"Your name is James Richard Ford; you were born September, 10th, 1971 in Memphis, Tennessee. Is this correct?" The judge asked.
"Yeah," Sawyer answered, smiled brightly and made himself comfortable in his chair.
Kate's lawyer went over to him.
"I would like to ask you a few questions about the day the federal marshal Edward Mars died. Is it right, that Miss Austen was in possession of a firearm that day and that she spent some time alone with Mr. Mars?" Turner asked.
McKenzie stood up and turned to the judge. "Sir, I really don't know how this question will help us in this trial."
"A few hours ago Mr. McKenzie told us that we should hear some witnesses who can tell us something about Miss Austen's character. If you'll give me some time you will see that this man is able to do that," the lawyer explained.
"I allowed you some liberties, Mr. McKenzie and now I'll do the same for Mr. Turner now," Bone decided. "Please continue."
"Yeah, that sums it up. It's quite a good story. On our first day on this damn island I got into a fight with Mohammed – Sayid Jarrah for you. You know just the usual stuff: I thought he brought our plane down and he thought I was the convict that Marshal was transporting. To make a long story short: We didn't get along that well. So, when I found that gun in the wrack of the plane Mohammed wasn't that ecstatic with the idea of me keeping it and I didn't want to give it to him. Then Shannon suddenly said that Kate should have it and we both thought that was better than the other one of us having it, so Kate got that gun. That's kind of ironic, 'cause Mohammed didn't want the convict to have it. That's how Freckles got the gun. Then there was that Fed. He got hurt in the crash and everybody knew he wouldn't make it. He was screaming ear-battering. So I went to Kate and told her that she should shorten his suffering and just shot a bullet into his head. She wasn't fond of the idea first, but then she agreed that it would be the best for the guy. She went into the tent and I thought she was going to do it. But some minutes later she came out, gave me the gun and said she just couldn't do it," Sawyer explained.
"How long did Miss Austen have the gun at that time?" Turner asked.
"Nearly a whole day," Sawyer answered.
"And Mr. Mars was conscious?"
"From time to time. He woke up and passed out some minutes later."
"So he could have told somebody that Miss Austen was a fugitive. And she could have prevented that by killing him and everybody would have seen it as a mercy kill. But she couldn't do that, right?" The lawyer insisted.
"Yes, that's right. And just in case the state attorney doesn't believe me: Mr. Pace, Mr. Jarrah, Mr. Reyes and Dr. Shephard will say exactly the same. They saw her in the tent and they knew about the gun," Sawyer answered.
"That doesn't look like a cold-blooded murderer to me. Thank you, Mr. Ford."
"Mr. McKenzie, do you have questions for Mr. Ford?" The judge asked.
"No, I haven't."
"Then please call your next witness Mr. Turner."
"I call Dora Evans."
A friendly looking elderly woman entered the courtroom. She seemingly wore her best dress and looked slightly nervous. She had probably never been in a courtroom before.
"Mrs. Evans, your full name is Dora Gail Evans and you were born in Boston, Massachusetts. Your date of birth is May, 2nd, 1940. Is this correct?" The judge asked.
"Yes, that is correct, sir."
Kate's lawyer smiled at the nervous woman. "Thank you for agreeing to testify here, Mrs. Evans. You were waiting for your plane at the airport of Sydney on September, 22nd, 2004 when you saw something that might interest our jury. Mrs. Evans, do you recognize Miss Austen?" He asked, gesturing towards Kate.
"Of course I do. I went to the security office, because I had lost my handbag and wanted to ask, if someone had found it and left it there. Then I noticed Miss Austen. First she attracted my attention, because the poor thing looked so incredible sad and lonely. She was sitting on a chair and looked to the ground the whole time. Then I noticed her handcuffs. I really didn't want to stare, but I couldn't avoid wondering why such a nice looking woman was under arrest. Soon I noticed the marshal, too. He was talking to an airport official in the office. He told the man in the office that Miss Austen's boyfriend was killed and that it was her fault. She looked as if she was close to tears when the marshal said those things. Then he showed her a toy airplane, it belonged to this man, her friend, I think. He was holding it in her direction, but never giving it to her and kept telling her that it was her fault, that her boyfriend died and that his child would have to grow up without a father. I didn't know exactly what had happened, but I felt so sorry for the poor girl. Suddenly Miss Austen got up and pushed the marshal to the wall, so the plane fell to the floor. She tried to get it, but before she could, the marshal had pinned her to the ground and elbowed her at least three times. He was really brutal," Mrs. Evans told indignant. The audience was murmuring annoyed when they listened to the woman and most jury members looked either angry or simply bewildered.
"So, the marshal treated Miss Austen really bad?" Turner asked.
"Oh, yes. He treated her without the slightest respect and he seemed to enjoy causing her pain, physically and emotionally," Mrs. Evans confirmed.
"You seem like a friendly and not aggressive person to me, Mrs. Evans. Please tell me, do you think you would hate a person who treated you that way?" The lawyer asked.
"Sir, I don't see the relevance of that question. In fact, I don't see the relevance of the whole testimony, " the state attorney complained.
"Don't answer that question, Mrs. Evans. Mr. Turner, you should know that the subjective opinion of the witness doesn't matter here. Would you please tell us, why you called Mrs. Evans?" The judge asked.
"Mr. McKenzie suggested that Miss Austen killed her father deliberately because she hated him. I just wanted to show that Miss Austen doesn't have a tendency to kill people she hates," the lawyer explained.
The judge sighed. "Mr. McKenzie, do you have any questions for Mrs. Evans?"
"No, I don't have any questions."
"Then call your next witness, Mr. Turner."
"I'm calling Claire Littleton." Claire gave Kate a nervous smile before she sat down in the witness stand.
"Your name is Claire Elise Littleton and you were born March, 7th, 1983 in Sydney, Australia. Is this correct?"
"Yes, that's right."
Kate's lawyer greeted Claire with a smile. "Miss Littleton, we are trying to give the jury the opportunity to get an idea of Miss Austen's personality. Could you please let us know what impression you got from her during your time on the island?"
Claire nodded. "Kate is a great person. She was always volunteering to help, she brought us fruit every day. Whenever anybody had a problem, Kate was there, listening and helping if she could. Kate delivered my son. Jack was busy treating a badly injured man, so he couldn't be there. I was totally scared when I felt the first contractions and I didn't know how to deal with it. I mean not only with the birth, but with being a mother, too. But Kate was great. She told me she and all the other survivors would be there to help me with the baby and that she would help me through the birth. Kate calmed me and helped me all the way, although she must have been as scared as I was. I don't know what I would have done without her. And it was not only me. We all trusted Kate and counted on her. To hear what she did didn't change that for me. And seeing all the survivors sitting here in the room, I can tell that it didn't change what they feel for Kate, either. Kate is no cold-blooded murderer. She is one of the friendliest people I've ever known. "
"Thank you, Miss Littleton," Turner said. "I have no further questions for you."
"But I have," the state attorney said. "Miss Littleton, you said that Miss Austen was always kind to you and that she delivered your baby. Could it be that you just don't want to see the other side of your friend?"
"Maybe I oversaw some bad qualities of Kate. But if I did, then that happened because they didn't matter. I know all I have to know about Kate: That you can always count on her."
None of the lawyers had further questions for Claire, so Kate's lawyer called his last witness. "I'm calling Dr. Jack Shephard." Jack and Kate shared a long loving look before Jack went over to sit in the witness stand.
"Your name is Jack Christian Shephard and you were born on July, 22, 1969 in Los Angeles, California. Is this correct?"
"Yes, that's right."
"Dr. Shephard, you are engaged to Miss Austen. That means you do not have to testify here. But if you do, everything you say has to be the truth," the judge told Jack.
"I will testify."
"Dr. Shephard, we have heard people describing Miss Austen as selfish today. What do you think about that?" Kate's lawyer asked.
"Kate is far from being selfish, although she thinks differently. I will never forget the day we first met. I had a wound on my back from the crash and I couldn't reach it. I saw Kate and asked her to sew me up. She was terrified and told me she would probably run away or throw up. She did none of that, but sewed me up. And that's how she has been the whole time. There were times when Kate was frightened, but that never kept her from helping. Kate did everything to keep our group save even if it meant risking her life. When we needed to blow up the door of a hatch to hide down there from people who were going to attack us Kate volunteered to carry the dynamite. Kate even helped to send a signal hoping that someone would notice it and come for rescue. And you see what rescue brought Kate. She wanted to save her friends, to bring us home, no matter what that meant to her."
"Thank you, Dr. Shephard," Turner told him.
"I have a few questions for Dr. Shephard," the state attorney said.
"Dr. Shephard, it is obvious how much Miss Austen means to you. And it's common knowledge that love makes you blind from time to time. How can you be sure, that you didn't describe the person you want to see in Miss Austen?"
"I am not blind for Kate's flaws. When you spend three months on a deserted island you get to know the people around you better than most people know their own parents and spouses. I learned that Kate is the most stubborn and bull-headed person I've ever met. I learned that she would rather die then to ask for help or admit a weakness. But that didn't matter anymore, because I fell in love with the caring, loyal and compassionate woman you see sitting there when I first met her. Maybe I'm not completely objective concerning Kate because of my feelings for her. But the reason I completely fell for her is that she is the most wonderful person I've ever met."
After a moment of silence the judge was the first to speak. "If Mr. McKenzie doesn't have further questions for Dr. Shephard I will adjourn the hearing till tomorrow at 9 AM. Then the attorneys will get the opportunity to address their pleadings."