Perry sat with Tragg and Burger while Della went to get Vivian. The two walked into the living room, "sweetheart, you remember Lieutenant Tragg and Mr. Burger."
Vivian looked afraid, but she gave her best smile. "Vivian, we have a few questions to ask you," Tragg said, "your parents will be right here with you."
Della took her daughter over to the couch. The little girl sat between her parents. "Perry, unfortunately, this has to do with our current case," Burger said.
Tragg looked at Vivian, "you called my office earlier and told me that you had seen what happened. Can you tell me what you saw?"
Vivian looked at her parents, "go ahead, sweetheart," Della said.
"I was at the park with mommy and daddy after a dentist appointment. I saw something in the corner of my eye. When mommy and daddy weren't looking, I went over to see what it was." Della's arm tightened around her daughter, "I saw a man on the ground. There was lots of blood on him. There was a man standing over him, holding a knife with blood on it. He was Mr. Burger's height, kind of skinny, and had dark hair. He had a drawing of a snake on his arm."
"We'll have to talk to the judge and make sure she's able to, but we need her to testify," Burger said. "I don't want to force her. I'm hoping the two of you will consent."
"What's testify?" Vivian asked.
Perry looked at his daughter, "you go to the courtroom and sit on a chair in front of some people to answer questions. You answer them truthfully and as best as you can remember."
"Daddy, what do you do in court?"
"I'm trying to prove a man is innocent. Mr. Burger is trying to prove he's guilty."
"So I could ruin the case for you?"
"No," Perry said, "you just tell the court exactly what you told us today. I won't be mad. I promise you. How could I be mad at you?"
Vivian looked at Della, "mommy?"
"Your father and I are proud of you for calling Lieutenant Tragg and answering these questions today. Unfortunately, you have to answer them in front of more people. I believe that you can do it and your father's right. We won't be mad at you. As long as you tell the truth, that's all that matters. You'll be such a big help if you do."
"Can I go think about it a little?"
"Sure," Della said. The little girl left the room.
Perry looked at their guests, "would you excuse us for a moment." He and Della walked into the hallway.
"There's no way to avoid it, is there?" Della asked.
"I'm afraid not," Perry answered, "Vivian will have to testify."
"Perry, she's only eight years old."
"I know, but she'll be fine. We've told her what to expect."
The two returned to the living room. Vivian entered shortly after, "Mr. Burger, I want to help."
The man smiled. Perry smiled with pride and Della gave a sad smile. She had to meet with the judge to ensure she knew the difference between a truth and a lie. That would probably not be a problem. Della was not thrilled about this and Perry wasn't so thrilled either. Unfortunately, Vivian was the only witness.
On the day of Vivian's testimony, Paul sat with the little girl in the gallery, right behind the defense table. "Your honor," Burger stated, "as you know, we have an unusual situation with our next witness."
"Yes, I do."
"I call to the stand, Miss Vivian Mason." Della had offered to walk her daughter to the stand, but the little girl insisted on going alone. Paul held the small doors open for Vivi. Perry and Della watched from the defense table as Vivian walked up to the stand and was sworn in. She was in her favorite purple dress. "What's your name?" Burger asked.
"You just said it," Vivian said, "Vivian Diana Mason."
"Do you know anyone at that table?" he asked as he pointed to the defense table.
"The big guy is my daddy," Vivian said making both of her parents smile. "The pretty lady is my mommy."
"What did your mommy and daddy tell you about today?"
"You were there. They said that you had some questions and I had to tell the truth. That I had to talk in front of a lot of people but they would be here with me."
"Vivian, do you know the difference between a lie and the truth?"
"A lie is when you tell mommy you didn't have cookies before dinner, but the truth is you had five."
The courtroom chuckled and smiled, "very good. Now, do you recognize the man sitting between your mommy and daddy?"
"Yes, my daddy is trying to prove he's innocent."
"Do you know what he's here for?"
"You are trying to prove he killed someone."
"There was a day a few months back when your parents took you to the park. They took you after a dentist appointment."
"Yeah," she agreed.
"Did you ever walk away from your parents?"
Vivian looked guilty, "yes."
"Why?"
"I saw something and wanted to see what it was. Mommy and daddy were talking and I didn't want to interrupt them. It's very rude to do that."
"Vivian, what did you see?"
"One man standing with a knife, and another on the ground. There was lots of blood."
"Did you tell your parents?"
"No, I was scared. I told them I was sick. I kind of was." She looked at her parents, "I'm sorry I didn't tell you. I was so scared." She looked at Burger, "I'm sorry I didn't say anything before."
"That's alright," he said, "you're saying something now. I'm sure that your parents aren't mad at you." He pointed in their direction and Vivian looked to see that they agreed with Burger. They weren't mad at her. "Is the man who was standing with the knife in this room?"
"Yes," she answered, "it's him." Vivian didn't point to the defendant. She pointed to another man in the gallery.
"Vivian, you told me it was the defendant."
"No, I didn't. I told you what he looked like. They look almost the same, but it was that man. I know because he has a drawing on his wrist."
"So does the defendant."
Burger showed Vivian the tattoo the defendant had. "That's not the one I saw. That's smaller and I could see what it was. His is the same but bigger."
"When I asked if you knew the man sitting between your parents, you said 'yes'."
"I said I did because my daddy is trying to prove he's innocent. I've seen him in daddy's office before. Not at the park."
"Your honor, I'd like to strike this testimony from the record."
"Did I do bad?" Vivian asked upset.
Della didn't even ask before going to her daughter, "no, sweetheart," she said as she hugged her daughter, "you did great." Della looked at the judge, "is she done, your honor?"
"Mr. Mason, do you still plan to not question her?"
"I have no questions."
"The witness may step down." Della took her daughter's hand and took her back to the defense table where she put her on her lap. "Mr. Burger, you insisted that it was vital to hear from Miss Mason. We made sure she knew the difference between the truth and a lie. Her parents didn't want her to testify but consented to it. Now, you want to throw her testimony out because it doesn't benefit you?"
"Your honor, she's the only one who said that man is the killer. Everyone else said it was the defendant."
"True, but no one else saw the murder. After the trauma that little girl has dealt with and that you've brought back up, I will not throw out her testimony." The judge turned to face the Masons, "Mr. and Mrs. Mason, I apologize on behalf of the district attorney. Miss Mason, you're a very brave little girl and you did a great job. I'm calling a recess until tomorrow at ten so the Masons' can take care of their daughter."
"Thank you, your honor," they both said.
After the judge, jury, and gallery left, Della walked up to Burger, "you are the scum of the Earth. Don't you ever come near my children again. If you do, Lieutenant Tragg may end up having to arrest me."
Della walked her daughter out of the courtroom. Perry looked at Burger with disappointment and anger. He said nothing and walked out.
