I apologize that the next few parts are going to be mostly dialogue. It felt really awkward too. This courtroom drama stuff is a bit intimidating to write so please bear with me.
The preliminary hearing was scheduled to begin the next day at 10am. Alexandra took the seat on the inside of her defense attorney, Perry Mason. Della Street took the seat to the left of her. Behind her, Hamilton Burger sat to watch and unfortunately also to testify if necessary. His expression was grave and the lines in his face seemed deeper somehow, as if the stress of the situation was aging him by the minute. Still there was hope in his bright blue eyes; Alexandra couldn't tell if it was hope in general or if he was simply trying to be strong for her. Burger reached for her hand and whispered some words of encouragement as the judge entered the courtroom. The usual formalities were dispensed with and the preliminary hearing got underway.
Burger looked over to the right of Perry Mason to find that Drumm was filling in for him as the prosecutor in this case. Tragg was in his usual spot to the left of the prosecutor. Lt. Tragg was the first person called to the stand as he was needed to provide the pertinent details of the murder scene to the court.
Drumm approached Lt. Tragg, all business as usual and expected.
"Lt. Tragg, can you describe for us the details of the murder scene?"
"Well, we were notified by phone about the murder after the body was discovered. Upon arrival, we discovered the victim, Ruby Avery laying face down on the floor of the defendant's office. She'd been beaten over the head several times with a heavy bookend. The medical examiner approximated the time of death to be 6:00pm."
Drumm stepped away from Tragg long enough to secure what was identified as the murder weapon and presented it to Tragg. "Do you recognize this, Lt. Tragg?"
Tragg nodded. "Yes, that bookend has my mark. It was identified as the murder weapon used to kill Ruby Avery."
"You and your men searched and fingerprinted the room, including the murder weapon, correct?"
With uncharacteristic reluctance, Tragg nodded again, knowing full well where this was headed. "Yes."
"And whose fingerprints did you find on the murder weapon?" Drumm asked, already knowing the answer.
"The defendant's, Miss Alexandra Mullen's," Tragg replied.
"And no one else's?"
Tragg shook his head. "No, sir."
Drumm stepped away from Lt. Tragg again and nodded to Perry Mason. "I have no further questions. You may cross examine, Mr. Mason."
For once, Lt. Tragg actually seemed visibly relieved to being cross examined by the legendary criminal defense attorney. He smiled ever so slightly, hoping that Mason would once again find a way to prove the prosecution wrong.
"Now, Lt. Tragg, you said that Alexandra Mullen's fingerprints were the only prints found on the murder weapon and in the room?" Mason asked, though the question was mostly rhetorical.
"Yes, that's correct."
"Given that it belonged to Alexandra Mullen and was found in Ms. Mullen's own office, would that be surprising?"
Tragg shook his head. "No, it wouldn't."
"So given the certainty that the defendant had touched that item any number of times in the past, the possibility that someone else could have handled the murder weapon with say, a pair of gloves, can't be entirely ruled out?"
Drumm appeared as if he wished to object, but the question seemed legitimate enough. It was certainly true that Alexandra's fingerprints on the murder weapon alone did not necessarily indicate guilt. Given she owned the item, it was to be expected that her fingerprints would be on it.
"It cannot," Tragg admitted.
"And who made the call to report the murder?"
"The defendant," Tragg replied. "Alexandra Mullen."
"Thank you," Mason said. "That will be all."
The judge dismissed Lt. Tragg from the bench and Evelyn Walsh, the secretary employed by Ruby Avery and Alexandra Mullen took the stand. She was a slightly overweight woman in her 50's, but very professional in her manner of dress.
"Now, Mrs. Walsh, you are employed by the defendant and her associates, is that correct?" Mason asked.
"Correct."
"Did you ever notice any discord between Alexandra and Ruby?"
Evelyn shook her head firmly. "Never. They had been good friends and colleagues for several years."
Mason nodded. "Now on the night of the murder Ms. Avery had told you and Ms. Mullen that she would be working late that night and that she'd lock up after she left?"
"Yes, that is correct."
"And you saw Ms. Mullen leave the building?"
"I did. She left a few minutes before I did; around 5: 30pm or so. I saw her drive off just as I left the building," Evelyn elaborated.
Mason knew there were a few holes the prosecution could poke in this, but he needed to establish as much doubt as possible.
"Did you lock the front door from the outside when you left?"
The graying middle aged woman shook her head negatively. "I did not. Ms. Avery had said it was alright for me to leave the door unlocked as she might run out to her car at some point after we left so I did as she wished and left the door unlocked."
"So it's possible that someone could have just waltzed right in the front door after you left?" Mason confirmed.
"It's possible."
Mason smirked slightly, though he realized the prosecution would have a legitimate point to make on that score as well. He would deal with that when presented with it.
"Now Mrs. Walsh… the day before the murder, did you overhear part of a conversation that Ms. Avery and a client were having as they exited her office?"
"Why yes, I did," Evelyn nodded.
"Would you tell the court what you heard please?" Mason framed it like a question, but Evelyn Walsh knew that she had no choice but to answer. It bothered her somewhat because everyone in the building was supposed to protect client privacy and maintain confidentiality. Still, Alexandra's freedom and even life were on the line.
"A young man, Ms. Avery's last appointment of the day, became bitterly angry upon seeing Ms. Mullen's significant other enter the building. Something about that man being responsible for prosecuting his older brother and having him sent to prison for life."
"I see," Mason said. "And do you know the name of the young man who said that?"
"Yes, sir. Bobby Mackey. He's been a client for some time now."
"Thank you, Mrs. Walsh. Your witness, Mr. Drumm." Mason retreated back to his own table and resumed his seat next to his client to listen to Drumm's cross examination of Mrs. Walsh. He was fairly certain where Drumm was going to poke holes in Mason's examination, but he wasn't overly concerned about it. With Mackey there to testify to what he said, Mason was confident he was going what he was looking for.
Approaching the stand, Drumm looked quite smug, having ferreted out the gaping holes in Mason's examination. It was almost too easy Drumm thought, and wondered what sort of trapp Mason was springing for him this time. He almost looked upon Burger with some sort of reverence and awe at how the district attorney so tenaciously went up against Mason time after time in the face of such odds.
"Mrs. Walsh, is it unusual for the counselors to leave for dinner and then return to the office to work late?"
"I rarely work that late so I can not say for certain what their activities are when they remain at work late," Evelyn said firmly.
"But they do work late?" Drumm prodded.
"Occasionally, yes. Most of the time they let me know when they do so I am aware if I need to lock the building or not."
"Including the defendant, Ms. Mullen?"
"Yes," Evelyn admitted reluctantly.
"That will be all," Drumm said with a nod.
The judge excused Evelyn Walsh and proceeded to recess the hearing until 2:00pm.
