Closing statements
Chapter 4
The next morning had started out so strangely for Connie.
From her desk in her office, she could see Mike across the hallway in his office. He seemed to be concentrating on the folder in front of him, probably getting ready for another day of court. Connie knew it was absurd, but she actually missed conversing with him yesterday. It had only been one missed day, but still...
Unexpectedly, from where he sat, Mike suddenly glanced up from his reading material and their eyes locked.
Heat flamed Connie's cheeks, but just as quickly he broke the gaze and went back to reading the folder. The quickness of the glance made Connie think that maybe she had misinterpret the gesture, that he had been looking up in deep thought or that maybe he had been staring at something beyond her. Clearing her throat, she looked around her desk for something to do. That was the disadvantage with being efficient; sometimes she got her work done too fast.
From Mike's office, she heard the lights being turned off and footsteps headed her way. It stopped at the doorway to her office.
"Connie?"
At the sound of his voice, Connie tried to steady her nerves. When she looked up, he had not entered her office but instead chose to remain at the entrance, briefcase in hand.
"Yes?" she inquired, while holding her breath at the same time.
"FYI, I'm headed for court now," he stated the obvious, "so I've forwarded all my calls to you."
Connie turned back to face forward, opened a random folder, and pretended to be immersed in reading its contents.
"Oh...that's fine, Mike."
She did not see it, but he had reached out and touched her doorway, as if he were delaying his departure.
"Alright, then..." he spoke out, "see you later."
And he was gone.
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(An hour later)
Inside the courtroom, Defense attorney James Granick stood up to cross examine Mary Harrison.
Just like the day before, Connie was once more seated next to the mysterious young lady. And again, they did not acknowledge one another, did not speak.
As Connie watched the courtroom proceedings, she was slightly disappointed that he had not turned around once to see if she were in the gallery. Still she kept her eyes on him, although it was his backside. As always, he looked attorney sharp in his expensively cut suit with silk tie. Although he dressed as professionally as always, something seemed off about him.
Was it his posture? It seemed so...stiff.
Enough musings, Connie realized that she was missing the testimony.
Mary Harrison was explaining to the defense lawyer how, after she had passed the car, she had grabbed a notebook from her purse and jotted down the license plate number with a pencil.
"And this is the notebook you wrote the numbers down on?" the defense lawyer asked as he held the notebook in the plastic bag, the one shown yesterday as evidence.
"Yes, that's the one," said Mary.
"And could you read off the license plate number you had written down on your pad?" Granick asked, handing her the evidence bag.
Mary peered at the plastic bag to read the numbers she had previously written," FDS 664." She handed the evidence bag back to Granick.
"Isn't it a fact," Granick said, ""that on that particular night, you had looked at the license number of that Mustang, then stopped your car and wrote the number down?"
"No," Mary testified, "Like I said before…I took out my notebook while I was driving and wrote down that number."
"Really?" asked Granick with much interest, "So you wrote with one hand and drove with the other?"
"Yes," agreed Mary, "I kept my left hand on the wheel as I wrote the numbers with my right hand."
"Did you write the number in the dark?"
"No, of course not. I switched on the dome light so I could see what I was writing."
"And after you wrote down the number," Granick commented, "You drove on home?"
"Yes."
"Did you call the police?"
"Yes, I've already stated that," Mary said.
"When had you called them?" Granick asked.
"Uh, later."
"After you read in the newspaper about the accident?" Granick asked.
"Yes."
"You didn't call the police before that? Immediately after you got home?"
Mike stood, "Objection…Asked and answered."
"Sustained." The Judge said.
"If it was so important for you to write the number down," Granick was pacing to make a point, "Why didn't you call the police immediately… unless, of course, you didn't think it was an accident…"
"Objection." Mike stood, "counsel is testifying."
"Sustained."
"Okay…" Granick was thinking, "So, Miss Harrison, you had taken this number down so you could call the police in the event of an accident?"
Mary shifted in her seat, "I took the number down because I thought it was my duty in case the police needed it."
But you did nothing with the information once you jotted it down," pointed out Granick and then quickly added, "Seems your actions contradict your words and therefore your reasons contradict your actions—no further questions!"
Granick had stated everything in a rush before Mike could get in an objection. Connie knew Granick had scored points with the witness' reliability regarding not contacting the police immediately. Mike needed to do some damage control. And fast.
Mike stood up, "Redirect, Your Honor."
"Proceed, Mr. Cutter," the Judge said.
"Miss Harrison, I'm certain you do not go around writing down the license plate of every car you pass," Mike remained at the prosecutor's table, 'So what was the real reason why you had written down the numbers and letters on that particular license plate?"
This time Mary's eyes glittered with triumph, "Because I knew that the person who was driving that Mustang was too drunk to have any business being behind the wheel of a car."
Mike nodded confidently at her, "Thank you, Ms. Harrison."
That was easy enough, Connie thought, at least Mike made the witness come off as sincere and wanting to do a good deed. Mary stepped down from the witness stand. When she passed Mike, he gave a winning nod to her.
Mike then respectively looked at the judge, "The prosecution rests, Your Honor."
He sat down. Outwardly Mike showed confidence, but inwardly, his thoughts were all in turmoil.
Mary Harrison was a strong witness, he thought, but somehow...her testimony didn't sit right. The little hairs on the back of his neck would often stand up when something did not make sense to him., and right now they were tree-trunk straight. He couldn't put his finger on it, but his sixth sense was sending off strong signals.
Meanwhile the case was coming to a close. When the Judge asked if the Defense wanted to call anyone to the stand, Granick declined. Obviously Granick did not want Mike to question his client, the defendant Tim Brantley, on the stand.
"Mr. Granick, are you ready with your closing arguments?" the Judge inquired.
Granick stood.
"I certainly am, Your Honor!" he stated with ease.
Defense lawyer Granick stood and walked over to the jurors. He began with a polite greeting, but his summation suddenly took a sharp turn as he attacked the validity of the prosecution's main witness's testimony.
"...The prosecution seemed to have presented one superfluous witness after another, but it's their star witness who was the most unreliable. Ms. Harrison's questionable testimony stated that she saw my client's car hit the victim. Rubbish I say!"
Granick looked each juror in the eyes.
"The prosecution certainly isn't giving you any credit for your reasoning skills at all. Let's break down her testimony. According to Ms. Harrison, she stated that in the dead of the night, she actually had time, once she passed the vehicle, to turn on the cab light of her vehicle, grab a notebook, rustle up a pen, and write down the license plate number, all in the space of perhaps seconds! Seconds!" Granick looked so sure of himself, "Now, if all the planets were aligned and she was able to pull that off, my hat's off to her, but in my opinion, she is the only person in the world who can drive and write without looking at the road."
From his table, Mike sat expressionless, knowing it was best not to react.
"Ladies and gentlemen," Granick's tone was solemn, "it took me longer to explain all that than it supposedly took for this witness to do everything she claimed to have done that night."
The jury was held spellbound as they watched him walk away to stand behind his client. Granick then placed his hands on the shoulders of his client
"Simply put, " Granick concluded,"the prosecution have not proven their case and my client is innocent. Don't let the prosecution get away with relying on the testimony of one weak witness. You must return the only verdict possible, the only verdict that will enable you to feel that you have conscientiously discharged your sworn duty as an objective juror—a verdict of NOT GUILTY for my client, Tim Brantley!"
Granick then quietly took his seat.
Connie hoped the jurors were not buying into Granick's closing arguments. Instead of convincing the jury of his client's innocence, Granick had proceeded to attack the witness. Typical play to make when one did not have a strong defense. Nevertheless, Granick had a satisfied look on his face as he leaned in to say something to his client.
The Judge turned to Mike, "Mr. Cutter? Are you ready with your summation?"
Connie felt Mike's closing statements should have the jury voting guilty in an hour.
Everyone looked eagerly towards Mike. The prosecution had a very strong case, and Mike knew it.
The key was not to overplay it. Presenting a powerhouse of a closing argument with fire and brimstone would only alienate the jurors. The best way would be to calmly and professionally present all the facts in a sensible, organized manner. If he did it right, he could convict Tim Brantley of vehicular homicide. He had the entire speech all lined up in his head. His closing summation would be the deciding factor in clinching a guilty verdict.
He slowly stood up and straightened his jacket. Connie leaned in, completely attuned to what Mike would say.
"Your Honor," Mike declared, "The prosecution... would like to seek a continuance."
He said the ending part quickly and the last thing Connie heard was the sound of the entire courtroom gasping, her own being the loudest.
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