Title: Guilty or Not Guilty

By: greygoose70

Summary: Castle is arrested and charged with the murder of Maya Santori. Disclaimer: Own nothing associated with the network or the show.

Chapter 2

Manhattan Criminal Court

Castle rose from his seat and walked to the witness stand. The bailiff swore Castle in, then Castle sat down in the chair provided. "Please state your name for the court," the bailiff said.

Castle turned to face the jury and said, "Agent Richard Alexander Rodgers, of the Central Intelligence Agency, also known as Richard Edgar Castle, bestselling author."

Instantly there was an uproar among the jurors and those in attendance. Beckett herself was in shock by what Castle said. ADA Nethers leapt up from her from her seat shouting "objection".

Judge Sandecker slammed his gavel down several times while calling for order. When order had been obtained, even though there was still some murmuring among those present. Judge Sandecker shot his gaze at ADA Nethers and asked, "and exactly what are you objecting to counselor?"

"His names Judge. I don't have any documentation indicating he is a CIA agent."

"Well I believe some clarification is required, so I'm going to overrule your objection and call for a recess. I'll want both counselors and Mr. Castle in my chambers in ten minutes. Bailiff remove the jury." Judge Sandecker then left the courtroom.

Judge Sandecker's Chambers

"Okay Mr. Castle, if you will please, explain," Sandecker said.

"Gladly Your Honor. My birthname is Richard Alexander Rodgers, I enlisted in the Marine Corps under that name in 1992, at the age of eighteen and served for nine years, opting out in 2001. That same year I was recruited by the Central Intelligence Agency, again under the same name. I served with the Agency for seven years until 2008, when I took semi-retirement. I began writing in 1995 using the nom de plume, Richard Edgar Castle. I had my name legally changed to Richard Edgar Castle in 2008."

"So why give both names to the jury?" Sandecker asked.

"So those in the jury would believe I was telling them the absolute truth Your Honor."

"That doesn't explain why the DA's office didn't have any of that information," Nevers said.

"Because I am still classified as a CIA agent. My activities as an agent are labeled 'for your eyes only' and locked."

"Who's eyes only are you referring too, Mr. Castle? Nevers asked snidely.

"The POTUS," Castle stated.

"Mr. Thorgood were you privy to this information," Sandecker asked.

"No, Your Honor. Not until just now."

Judge Sandecker sat in silence for a few moments, then checked his watch, he then spoke. "I'm going to dismiss the jury. We will continue with the trial at 9:00am tomorrow morning. Mr. Castle, you will retake the stand, and remember you will still be under oath to tell the truth."

"Yes, Your Honor," Castle replied.

"That will be all gentlemen," Sandecker told them, so they got up and exited the judge's chambers.

As Castle reached the door the bailiff stopped him, then spoke to the judge. "There's someone that wishes to see Mr. Castle, Judge."

"Okay, put him in one of the holding rooms, he gets ten minutes."

After the bailiff placed Castle in a holding room he exited, then returned a few moments later and reopened the door allowing his visitor to enter. Castle, who was staring out the window turned to see who his visitor was and being instantly surprised when he saw Detective Beckett standing there. "What do you want detective," he asked in a not too friendly of a voice.

"I'd like to talk to you and apologize," Beckett replied.

"Talk and apologize about what detective," Castle responded, his voice still angry in its tone.

"Apologize for my action my actions that day, and explain why you're here today facing trial for murder."

"I believe if you had handled things a bit better I wouldn't be here. You never gave me the chance to explain, just wanted to know why I killed her, which for your information, I didn't. You'll get to hear my story during my testimony, the collaborating evidence will follow. As for your apology, I'm not interested, so you can leave." Castle then turned to face the window.

Beckett knowing Castle was through talking knocked on the door letting the bailiff know she was done. The door was opened and she walked out.

Manhattan Criminal Court, Day 2 of the trial

At precisely 9:00am Judge Sandecker entered the courtroom, took his seat and proclaimed that court was now in session. "Mr. Castle, you may take the stand."

Castle returned to the witness stand and sat down in the witness chair.

"Remember Mr. Castle, you are still under oath," the Judge reminded him.

"Yes, Your Honor," Castle replied.

Aaron Thorgood rose from his spot at the defense table and stepped forward. "Mr. Castle," he began, "will you please tell the court what took place on the morning of October 21st, 2010, and your resulting actions."

Castle turned toward the jury and began to speak. "After breakfast and seeing my daughter off to school I drove to the Pioneer Shooting Range to sight in a couple of weapons…"

"Objection, Your Honor!" ADA Nethers spouted. "We have no record of the defendant owning or having purchased any weapons."

"Mr. Castle, respond please," Judge Sandecker ordered.

"That's because the weapons didn't belong to me but the agency I worked with."

"Objection overruled," the Judge said. "Continue Mr. Castle."

"What time would you say that was," Thorgood asked.

"Well, my daughter normally leaves for school at 6:45am, so it would have been around 7:00am."

"And what time did you arrive at the shooting range," Thorgood asked?

"7 :40am."

"Please continue," Thorgood said.

"When I arrived I was met by an Agency member who gave me the three weapons the Agency wanted sited in. I filled in the data for each weapon on the required form along with the Lot number for the ammunition. I then proceeded to one of the shooting lanes to begin testing."

"Which weapon did you test first," Thorgood asked.

"The Sig Sauser P320 nine millimeter," Castle answered. "After siting it in at both twenty-five and fifty meters I switched to the M4 Carbine. It I sighted in at fifty meters, one hundred meters and three hundred meters."

"What was the make and model of the final weapon?" enquired Thorgood.

"A modified Remmington Model 700 designated by the Marine Corps as a M40A3 precision sniper rifle, .308 Caliber, maximum killing range of 800 meters or a thousand yards depending on the capability of the shooter."

"Mr. Castle, please tell the court, what was your 'military occupational specialty' while in the marine Corps."

"0321, Force Recon, Scout Sniper."

"And as a scout sniper, what range was your best kill shout with this weapon?"

"Eleven hundred and fifty yards."

"What does any of that have to do with this case," ADA Nevers said.

"It goes to show Mr. Castle's knowledge and proficiency with multiple types of weapons, Your Honor."

Judge Sandecker ponder his thoughts for a moment then said. "Overruled, Councilor Nevers. Proceed Councilor Thorgood."

"Back to the events on October 21st, 2010. What happened then Mr. Castle?" Thorgood enquired.

Back in the audience Beckett, who has now moved to the defense side listened intently to Castle. He has just verified the reason that gunshot residue was found on his clothing. Now if he could prove when he got to the Santori apartment the DA's case would fall to pieces.

"I had just completed siting in the M40A3 when my phone range…"

"And what time was that," Thorgood interrupted.

"Eight twenty-five," Castle answered.

"Who was it that called?"

"Maya Santori."

"Why was she calling?"

"She wanted me to come over."

"Did she say why?"

"Said she didn't want to discuss it over the phone."

"So what did you do?"

"Told her I would be there soon, returned the weapons and what remained of the ammunition to the Agency person, then got in my car and drove to Maya's apartment."

"What time did you arrive at Ms. Santori's apartment?"

"About nine-thirty."

"And how did you know what the time was?"

"I saw it on the drugstore clock at her apartment building."

"What did you do next?"

"I took the stairs up to her apartment. When I got there I saw the place was a mess. I called out to her but didn't get an answer. It's a small apartment, a living area with a combined kitchen/dining area and a bedroom and bathroom. I entered the bedroom and found her tied to the bedposts, went over and felt for a pulse but didn't find one, so I called 911 and reported it."

"Did you leave your name?"

"No. I was just about to when I heard movement in the outer room. I didn't know if it was friend or foe, but seeing a gun lying on the bed I picked it up and hid back in the corner. Suddenly the curtains were flung open and Detective Beckett and her two cohorts game rushing in shouting NYPD. When I recognized who it was I stepped forward, they saw the gun in my hand and yelled for me to drop it, which I did. I then tried to explain myself but Detective Beckett never allowed me to, she just told me to turn around, cuffed me and told me I was under arrest for murder."

"Your Honor, what I have here is the transcript of the phone conversation between Mr. Castle and Ms. Santori from Mr. Castles' cell phone provider, the time and date being, 0827am, 10/21/2010. This second one is the call made from Mr. Castle's phone to the Manhattan Emergency Call Center made at 0937am, 10/21/2010. I would like these labeled as Defense Exhibits A and B," handing them to the bailiff who then handed them to Judge Sanderson.

After looking over the exhibits the Judge asked, "Anything further for Mr. Castle counselor?"

"No, Your Honor."

"You may step down Mr. Castle," the Judge said.

As Castle left the witness stand he shot a glare toward the prosecution table given the ADA Nevers a spiteful sneer.

"I have one more witness I would like to call Judge," Thorgood said.

"Does it have any further bearing in regards to the charge against Mr. Castle, since I believe he did a pretty good job of defending himself."

"Most definitely, Your Honor."

"Go ahead then counselor."

"The defense calls Doctor Clark Murrary to the stand."

Beckett watched as a distinguished looking gentleman stood and proceeded to the witness stand, where he was sworn in and sat, then gave his full name and occupation to the jury.

"Dr. Murrary, were you able to examine any of the evidence in this case," was Thorgood's first question.

"Yes," he answered.

"And what piece of evidence was that," Thorgood then asked.

"The weapon Mr. Castle was holding when Detective Beckett and her team arrested him.

"And what did you find?"

"Mr. Castle's prints were not the only ones on that gun."

"Care to explain Dr. Murrary."

"Well as you might have surmised from Mr. Castle's testimony, he not only knows how to shoot but also knows how to properly handle a gun. In this photo (holding up a picture of the murder weapon) we see the fingerprints used by the NYPD forensic department to identify Mr. Castle as the possible shooter, but look closer and you'll see they only took impressions from three of his fingers, the middle, the ring and the pinky. None for the index or the thumb, which means he was holding the gun like this (giving the jury a demonstration). Upon seeing this I decided to do an infrared scan, that's when I discovered the second set of prints. Upon further examination I found a print of the index finger on the side of the weapon parallel with the trigger guard (again giving the jury a demonstration). I also found a partial print on the trigger itself. By using an electromagnetic wave spectrometer, I was able to lift off Mr. Castle's prints and get a clean shot of the second set. Through the use of overlays I found that the partial on the trigger belonged to the index finger. I then ran the prints through the NYPDs CDB (Criminal Data Base) but didn't get a match, so I had the prints run through the FBIs database, again no match. I sent them to my contact at Interpol, she ran them through their database, nothing. Running out of options I decided to run the prints through the NYPDs employee database, And that's where I got a hit."

"Are you saying Dr. Murrary, that you know who shot and killed Ms. Santori." Thorgood stated.

"No, I can't say that. The only name I can give you is who handled that weapon prior to Mr. Castle."

Beckett was on the edge of her seat intent on getting the name. "So whom would that be," she heard Thorgood ask.

"Robbery Detective Thomas Demming," Dr. Murrary replied.

At the mention of Demming's name Beckett was out of her seat and out the door where she immediately called Esposito telling him to get a warrant for suspicion of murder on Thomas Demming. That she also wanted a search warrant for his residence.

As Beckett returned to the courtroom she saw the two counselors conversing with Judge Sandecker. After a few minutes, the two lawyers returned to their tables, and Judge Sandecker then spoke.

"Will the defendant please rise," the Judge politely ordered. Castle and his lawyer stood. "Based on the testimony and evidence presented here today I order that all charges and suspicions against Mr. Richard Edgar Castle be dropped. I also order the members of the jury that they are not to speak to the press or anyone else about the events that occurred here in this courtroom. Proceedings of this trial shall be sequestered, never to see the light. Mr. Castle you are free to go with my apologies. Members of the jury, you are dismissed. I thank you for your presence." The Judge then struck his gavel and declared the court closed.

End of Chapter 2