August 12
District Court; Courtroom No. 1
"Prosecutor Payne, call your witness to the stand," the Judge instructed the prosecution once the murmurs were quieted.
Payne coughed. "The prosecution would like to call the witness to the stand."
At cue, the bench gate opened and one of the members of the gallery stepped forward. All eyes were on the witness as he stepped forward to the witness stand. The witness had an air of intimidation and authority around him. For the occasion, he was wearing his flight suit and cap. Once or twice, he flexed his hands padded in shock-resistant gloves. His eye glinted once, showing the look that could silence even the maddest of dogs. Despite his intimidating nature, his senile stature, and his authoritative demeanor, the witness seemed ready to pick a fight of wits and was ready to testify before the Court.
He was sworn in and he introduced himself as Captain Norway Hugo. The basics were established quickly: he had been a pilot for twenty years before he decided to make the rest of his career in air traffic control. Norway Hugo had a gray goatee and a complexion as if he had sunbathed for too long. His voice boomed and echoed around the Courtroom – probably trained to that volume for issuing orders to his subordinates.
When asked about his working relationship to the defendant and the victim, Capt. Hugo answered, "Ms. Nuncer and Mr. Semblar were considered a working duo. They were the most loyal and the most hardworking subordinates I ever had." He turned around and faced Anna, who couldn't look at her superior in the eye. "But to think that I had to accuse her of a crime even I was surprised it could happen…"
"That will be all for the preliminaries," Payne cut him from volunteering information.
"Proceed with the trial," the Judge ordered.
Payne had the witness photograph projected on the screen. "Mr. Hugo, did you take this photograph?"
Capt. Hugo quickly turned his head and directed a death stare at the prosecution, who flinched and took a step backward. "That's Captain Hugo to you, good sir. Have we not discussed this enough?"
"Yes… yes," Payne stuttered.
("I would love to see his knees shake and crumble like a building under demolition,") Athena thought bitterly.
"Back to your question, that is indeed the photograph I took at the night of the murder."
"Very well, Mr." Payne caught himself and quickly adjusted his address. "I mean… Captain Hugo. Please testify to the Court what you did at the night of the crime."
Capt. Hugo grunted as if he had testified in Court on numerous occasions. "Listen well, Ms. Nuncer," he told the defendant sternly. "You may have been the daughter of my very good friend, but it does not absolve you of your accusation."
("How does it relate to the case at hand?")
"Maybe his testimony might tie the two incidents," Mercury muttered. "But let's hear what he says."
WITNESS TESTIMONY: WITNESS ACCOUNT
I was in the first-floor office tending to work-related matter.
I heard mayday on the radio so I made my way to the control room.
But on the way, I saw him – Mr. Semblar – being pushed out of the window.
Let me be honest… I could not really see who pushed him out.
When I arrived at the staircase, I took that picture.
"Pushed outside?" Athena inquired.
Capt. Hugo answered. "It didn't seem as if he was thrown out. It looked as if he was pushed outside."
"Why didn't you apprehend the killer?" the Judge asked Capt. Hugo. Capt. Hugo looked up at the Judge and gave him a death stare. The Judge flinched. "Er, uh… I take back the question…"
Capt. Hugo chuckled darkly. "There were many avenues of escape. Since the stairway is basically a one-way route, it would have been easy to apprehend the killer." He folded his arms for emphasis. "But we're dealing with something unknown – someone who would do anything to evade arrest."
"What do you mean by that?" Athena asked for clarification.
"I was at the first floor staircase when I saw Mr. Semblar being tossed out of the window," he said. "The hall of the staircase of the control tower is rather wide so it allows anyone to see what's happening all the way to the fifth floor."
Athena nodded. "I see…"
"Begin your cross-examination, Ms. Cykes," the Judge instructed.
("There were no contradictions in that statement, the best I could do is press him for information.")
CROSS EXAMINATION: WITNESS ACCOUNT
I heard mayday on the radio so I made my way to the control room.
Hold it! Athena reviewed her notes. "In the flight recording, we hear Mr. Semblar telling Ms. Nuncer that he would call for you, Capt. Hugo. Did you go to the control room because Mr. Semblar said it on the radio or because you had to go due to the distress call?"
"In normal situations, I would leave the air traffic controllers alone to do their work," Capt. Hugo answered. "But when there's mayday or something troubling, I had to go to the control room as quickly as possible."
("But doesn't this contradict another piece of information we heard when Ms. Nuncer was on the stand? Doesn't it contradict… his working office?")
FLASHBACK
Anna straightened up and turned to the prosecutor. "I was at the staircase because Mr. Semblar hadn't returned after he called for Captain Hugo."
"Where is Captain Hugo's office?"
"He works at a separate area just near the control room. On that evening, he told us that he would be going to the entrance."
"Did he say why?"
"No."
FLASHBACK END
"Captain Hugo, you have an office near the control room," Athena told the witness. "Why were you at the entrance or in the first floor office as you claim?"
The Captain grunted. "That has no bearing on the case."
Athena slammed a palm. "But you could have prevented the murder from happening if you watched over your subordinates from your office!"
"Next question," he snapped.
("If Mr. Wright were here, he would unload a dozen more questions. But where do I even proceed?")
"Let's just go back to the testimony," Mercury suggested.
"So you made your way to the control room," the Judge repeated the testimony. "What happened next?"
"Things would have been uneventful…"
But on the way, I saw him – Mr. Semblar – pushed outside the window.
Let me be honest… I could not really see who pushed him out.
Hold it! "Who was it that you're referring in your testimony?"
"The killer, of course!"
"So why accuse Ms. Nuncer?"
Capt. Hugo clenched a fist and pounded hard on the witness stand. "It doesn't take a birdbrain to figure it out, attorney. The photograph projected over there is already enough as an explanation." He paused for a while. "If you want a proper answer, I accused Ms. Semblar of two things: first, she was holding the Browning; second, she was the only person I encountered when I arrived at the staircase to the fifth floor!"
"Case made," Payne chortled.
("This is getting really bad…")
"You know what… I really don't like accusing people of anything," Capt. Hugo said remorsefully. "But when a life is on the line and justice has to be given, someone has to do something."
"Somehow, he's misguided about the perception of justice," Mercury commented.
"And I can't blame him," Athena replied. "His close friend was taken away from him by the courts."
When I arrived at the staircase, I took that picture.
Hold it! ("I can't help but aside from the first contradiction we pointed out, this picture really has a lot to tell.") Athena confronted the witness. "Capt. Hugo, was there a primary reason for you to take this picture?"
"Evidence of a heinous crime," Capt. Hugo answered smartly.
"A lot of things don't make sense with his actions," Mercury commented, smiling as if he found a crack in the testimony. "I'm beginning to think that he had an ulterior motive in taking that picture."
("What should I do? Press on or leave it at that?")
Athena decided to press for more information since that was all she could do. "Let me get this straight, Capt. Hugo. While you were in the first floor, you witnessed Mr. Semblar being thrown out of the window. In an effort to apprehend the killer, you ran up the staircase then snapped a picture of Ms. Semblar holding the Browning in her left hand. Is that what you did?"
"Are you questioning my integrity?"
"As a matter of fact, I am," Athena said bravely, not letting any death stare get the best of her. "There's one part I do not understand. Given the circumstances as described in your testimony… there was something that you should have done."
FLASHBACK
"You know what… I really don't like accusing people of anything," Capt. Hugo said remorsefully. "But when a life is on the line and justice has to be given, someone has to do something."
FLASHBACK END
"If you really stand by what you state about your perception of justice, the most reasonable thing to do in that situation was very simple." Athena slammed a palm on the desk for emphasis before she pointed a finger at the witness. "Should you have checked on Mr. Semblar instead of trying to apprehend the killer?"
A malicious glint appeared at the corner of the witness's eye while his mouth twitched. The gallery burst into murmurs of unintelligible conversation of disbelief, doubt, and shock. The Judge did not seem to like the situation so he called for order.
"There's another thing missing in your testimony," Athena continued her attack. "Why did you not testify about the gunshot?"
"Th-There was a gunshot?" Capt. Hugo inquired, suddenly feeling uncomfortable.
Athena nodded. "The cause of death was a gunshot wound to the heart after which Mr. Semblar was thrown out of the glass window."
Capt. Hugo gripped the witness stand. "I… I had no idea."
"That's true, Capt. Hugo," Prosecutor Payne told his witness. "Maybe he could have just missed it."
Objection! Athena blurted. "A gunshot in the middle of the night inside a building with three or four people in it is hardly to be missed!"
Objection! "Then how is it that the witness seemed to miss the gunshot sound?" Payne countered.
("It doesn't seem like he's lying or covering up something. He wasn't really aware of the gunshot sound… but why?")
"I think we've been misinterpreting something," Mercury told Athena. "What if what he heard was really a gunshot but was not aware that it actually was one?"
Athena fiddled with her earring as she immersed in her thoughts. ("Maybe… maybe he thought it was all part of it – but what if we had it wrong?")
"Can the defense explain the witness's behavior of missing the gunshot?"
Athena switched on her Widget and reviewed the evidence. "Your Honor, the defense would like to propose a theory on why Capt. Hugo missed the gunshot." She cleared her throat. "It's not a matter of why he did not hear the gunshot… it's a matter of not recognizing the gunshot."
Objection! "Now you're not making sense, attorney," Payne blurted. "If I were to fire this Browning inside the courtroom, everyone here would cringe at the incredible sound!"
Athena did not back down, letting a smile plaster on her face. "And that's where we're getting at."
"W-What do you mean?" Payne stuttered, his sweat building from his forehead.
"Suppose the gunshot was actually mixed in a variety of sounds…?" Athena said suggestively, hoping the Judge would be able to catch on her theory.
"Ah…!" Capt. Hugo realized something. "Do you mean… it was there all along?"
Athena nodded. "The gunshot that you actually heard was in this piece of evidence." Take that! "Let's have another playback at the flight recording. You can hear a series of explosions in the flight recording – but there's one that seems too way off for an explosion. This happens at the last part of the recording. Listen carefully."
Captain: I can't get the landing gear down!
ATC 2: Override!
Crew 1: Wh-What's happened…?
Captain: No! I can't…! Gah…!
ATC 2: Override!
Captain: Mayday…! Mayday…! Do you…? *a bang is heard then transmission cuts off*
Capt. Hugo's face was registered full of shock. "So… that bang I heard at the end of the transmission…"
"… is actually the firing shot that took Mr. Semblar's life," Athena finished the sentence. When Athena revealed this, the Court's murmurs became louder than the last. It took a while for the Judge to silence the audience before letting the trial continue.
"And since the second air traffic controller who called 'override' is that of a female," Athena continued. "That means when Mr. Semblar was shot, Ms. Nuncer was still in the control room!"
"Ngrk!" Capt. Hugo cringed.
"GYAH!" Payne shrieked, his accusations blown into bits by the flight recording.
("It turns out that the flight recording was the key I needed.")
"It fits with the timeline," Mercury continued. "Right after the call for mayday, Capt. Hugo scrambled to get to the control room. At the same time, Ms. Nuncer stepped out of the control room and tried to find anyone who could help." He had the crime scene map projected on the screen. "At the first floor, Capt. Hugo saw someone who pushed Mr. Semblar out of the window. When this was done, Ms. Nuncer approached the window cautiously as she drew out her gun for self-defense. Capt. Hugo then raced up the stairs, caught Ms. Nuncer in a daze and snapped the photograph when Ms. Nuncer wasn't looking!"
It all made sense for the defense. The version of events Mercury pieced together were falling into place.
Objection! "If those are really the version of events, then this poses a serious question." Payne stood up. "Where and how did the killer escape?"
("Uh-oh… we haven't figured out that part.")
The Judge frowned. "Your theory, I must say, is quite compelling. But unless you can figure out the murder method, then I'm afraid I will have to discredit it."
Capt. Hugo did not seem very helpful. He was still dazed at the outcome of events – or perhaps his pride as a captain was somewhat hurt, to have missed such a crucial sound and one of his subordinates killed because of it.
("Think Athena… think! Where could the killer have gone?")
"The killer couldn't have gone downstairs because they would be spotted by the witness," Mercury outlined the facts for her. "They couldn't have also made their way to the control room unless they would be given away by the defendant."
Athena gasped. "That leaves us… with one last option."
("Once you eliminate the impossible… whatever remains must be the truth.")
"Does the defense have an answer?" the Judge asked.
"Of course not," Payne scoffed. "All other entries would be dead giveaways for the killer to reveal themselves – unless Ms. Nuncer of course was the real culprit."
Objection! "There is one option," Athena announced, sounding definite for her answer. "If it wasn't upstairs or downstairs, the only other way was…" Take that! She presented the windowsill photograph and had it projected on the screen. On cue, for dramatic effect, she pointed a finger at the prosecution and answered, "The only other way the killer could escape was going out of the window!"
