Where Darkness Resides, page 12
Luis’s jaw dropped.
“You’re serious. I thought he was dead.”
“We were led to believe that but he’s not. I have him and I’m willing to work with you so we can make a deal with Chango.”
“What kind of deal?”
“I think it’s time Chango steps aside and let us run the family. Don’t you? After this debacle, can anyone in the family trust him?” Johnny saw the receptiveness in Luis’s eyes. With a calmer voice, he continued, “I can take the east side of his territory and you, the west side.”
Luis understood Johnny’s proposal meant Luis would get the more lucrative territory. He wasn’t sure if the split was a sign of Johnny’s weak hand or if it was a means to lure him into a risky endeavor. Chango would not willingly leave his position despite his failing health and even if the other members of the family were disappointed in his recent behavior towards his son.
“That’s a generous offer. But why?”
“Well, my expertise has always been prostitution. It’s what I love. It’s what I’m good at. Entertainment. Guns and drugs are not what I want to focus on. You’ve always been the brains in that area. So there’s no need for me to be greedy.”
Luis nodded. The proposal made sense after all.
“So what do you want me to do?”
“I need you to work your magic, Luis. You’re closer to Chango’s family than I am. He’ll listen to you and won’t become a hothead with you like he will with me if I broach the proposal. You know what I mean. He’s been like that with me since we were in preschool. You’ve seen it yourself many times.”
“He’s gonna want to know where his son is.”
“I’m not willing to give away my only ace at this time. I’ll tell you, the both of you, once we have a formal agreement in place.”
“He’s not gonna like that but I’ll try to work with it for now. Chango will want some assurances his son is alive and treated well if you know what I mean.”
“He’s alive alright but with a few missing parts, nothing significant.”
Luis gritted his teeth and refrained from making a disapproving comment. Instead, he stood up and reached out to shake Johnny’s hand.
“I’ll do the best I can under the circumstances. Within the hour, you’ll hear from me in our usual way.”
Johnny was pleased with himself and walked out of Luis’s office with his bodyguards. Once Johnny was in the hallway walking towards the front door and out of earshot, a shadowy figure revealed itself.
“Mrs. Quintana, I had no idea this was what the meeting was going to be about. I promise you and Chango on the grave of my mother, God bless her soul, that I was not involved in any of this.”
She stood silent for a moment in deep contemplation before responding. After a deep sigh, she said, “I know you weren’t. But this may be a good thing.”
23 WIDOW
Phoenix, Arizona
Two Days Later
“Mrs. Hernandez…Selinda, can you tell the jury what happened when you arrived at the crash scene,” Danica Bridgers asked and then turned her body towards the jury so she could watch their reaction.
“Like I said, I got there as fast as I could. I don’t remember who told me he was in an accident, but I knew it couldn’t have been my husband. Carlos…his body was lifeless. When I first saw him, I thought he was dead. Blood was everywhere. Streaming out of his head. His head was squashed like someone hit him with a hammer or something. I tried to get closer to hold him, to tell him that I loved him, but they…the paramedics wouldn’t let me. They asked me to stay back because they were trying to save him…I couldn’t. He was…is my husband. I ran to him, but the police officer restrained me. I tried to get loose. I was flaying my arms and pushing my body away, but the officer was too strong. I know now there was nothing I could have done for him, not in those last moments.”
Selinda’s eyes teared up.
Danica walked from the lectern at the well of the courtroom back to the plaintiffs’ counsel’s table to grab a box of tissues to give to Selinda. All eyes were on Danica as she displayed a level of compassion for her client.
“Your honor, may I approach the witness,” Danica asked.
“Yes, you may,” Judge Furman instructed.
“Here,” Danica said once she reached the witness stand.
“Thank you,” Selinda replied as she grabbed the tissue box and wiped the tears from her eyes, cheek, and even the stray tears that managed to reach her neck.
“Do you need to take a break?” Judge Furman asked. “I know it’s early in the day, but we can accommodate it if you’d like.”
The judge’s voice was calming, not like the stern, assertive voice she used when talking to counsel or other witnesses.
“I just need a second to compose myself, your honor. I’ll be fine.”
“Take your time,” the judge added.
“Thank you.”
Pulling another tissue from the box, Mrs. Hernandez wiped her tears again and this time blew her nose. She took a deep breath and looked up at her attorney who was back at the lectern.
“I’m ready,” she announced as her voice broke once more.
“Thank you, Selinda,” Danica said. “When did you learn your husband passed away?”
“I was on my way to the hospital. I let my older son drive because it was just too much for me at the time. I didn’t know what happened or why. When I got to the hospital, the emergency room nurse told me he passed away.”
She sobbed again and grabbed another tissue.
Not wanting to overwhelm her client with the details, Danica questioned her about a different topic.
“Can you tell the jury about how your life and the life of your children have changed since Carlos passed away?”
“Carlos was my world. We were childhood sweethearts. We met when we were really young. Three or four years old. I can’t remember exactly. Some family members claimed our parents betrothed each other when we were infants. It was an interesting love story, but I don’t know if it was true or not. I just know I loved him with all my heart, and he loved me tenderly like no one else could.”
“What sorts of things did you do together?” Danica asked.
“Everything. We would go to sports games together. He loved baseball games. We had season tickets to the Diamondbacks, and we would take the kids, clients, or family when they were in town. We would hike Camelback mountain. He loved it. It invigorated him like he was on top of the world. We literally were. Our marriage improved once we moved to Phoenix and started our business.”
Knowing the judge didn’t like such open-ended questions allowing a witness to speak forever, Danica politely interrupted her client at this point because it was an appropriate segue.
“Selinda, can you tell the jury about your company?”
“Yes, yes,” she brightened up at the question. “We weren’t just lovers. We were also business partners. I was the company’s accountant, but Carlos was the brains of the business. He ran everything and the profits soared. He was good at bringing in customers, wining and dining them, and convincing them to buy our products.”
“What kind of business is C and S?”
“It was an import business. We imported things from all over the world. Whatever our clients needed or wanted. Carlos knew how to make it happen and it did.”
She was bubbling with pride at the thought of her husband.
“Why do you say, ‘was’ in referring to the company?”
“Well, it’s not doing well anymore. I’m a good accountant but I’m not the rainmaker Carlos is. We lost a lot of clients after he passed away. Some gave us a chance for a while but even they abandoned us. I was just so depressed and now alone with the kids, I couldn’t keep up. I had difficulty going into the office because it just reminded me of Carlos.”
“Did you hire someone to replace Carlos?”
“I did. We tried several people in his position, but no one had Carlo’s expertise or his ability to schmooze clients. He got that from his father.”
It was the first time Selinda smiled on the stand since she was first introduced to the jury as a witness earlier that morning.
“And how has the loss of their father affected your children?”
“They’re devastated. Both of them are in counseling,” she admitted.
“Why is that?”
“They miss their father so much. They loved him more than life itself. He was so involved in raising the kids, not like some fathers. He would help them with their homework, go to all of their activities, school plays, recitals, and stuff like that. He attended every PTA meeting. Now that’s all gone. I did those things with the kids too before he passed but now that there is only one parent and the business is struggling, I don’t have time to do all the things I used to. And I’m not a man. I can’t replace the father figure in their lives no matter how much I try.”
“Thank you, Selinda. Your honor, I have no further questions.”
“Mr. Davis, your witness,” the judge declared.
John looked at Marissa before picking up his binder and heading toward the lectern to ask questions. Marissa seemed to be rejuvenated after spending the weekend with her family. He was happy to take the lead in deposing Mrs. Hernandez because it gave him the chance to shine and to also show Marissa he was a man of his word.
“Mrs. Hernandez, my condolences for the death of your husband,” John said.
“Thank you, sir.”
“I’m going to bring up plaintiff’s Exhibit 52. Do you see that on your monitor?” John asked after clicking a button on his remote mouse to bring up the requested exhibit.
“Yes, I do.”
“Thank you.”
As with all exhibits shown to a witness that were already admitted into evidence by the judge, John could publish the exhibit to the jury. The exhibit was displayed on the monitors in front of the judge and counsel as well as the large monitors facing the jury and the gallery.
“Mrs. Hernandez, can you tell me what is plaintiff’s Exhibit 52?”
“It looks like the police report.”
“Have you seen the police report before?” John asked.
“I’m sure I have a long time ago. I just don’t remember to be honest.”
“Well, Officer Hickman testified already in this case. Do you remember Officer Hickman? He testified he was the officer who prepared the police report. You were in attendance when he testified, correct?”
“Yes, I was,” she admitted.
“And you remember Officer Hickman testified when questioned by your attorney, I believe it was Ms. Bridgers, about how the police report is based upon notes the officer takes on the scene and the report is finalized at the police department once he gets back there, correct?”
“Yes, that’s what he testified to.”
“Do you remember Officer Hickman testifying he’s been a police officer for over twenty years, and he takes meticulous notes?”
“Oh yes, I remember he testified to that.”
“Did you have any reason to believe Officer Hickman was being dishonest when he testified he takes meticulous notes and his report is reliable?”
“No, I have no reason to doubt that. He was a very polite and professional police officer.”
Selinda smiled at the thought of the officer testifying. As her attorneys explained, the officer was a favorable witness who made a great impression on the jury.
“Thank you,” John said before asking his next question. “I’m going to show you page eight of plaintiff’s Exhibit 52, which is the police report. Do you see how Officer Hickman summarizes the different times in his report where significant things happen?”
“Oh yes, I see that.”
“He notes the time he arrived on the scene, doesn’t he?”
“Yes, I see that.”
“He notes he is the first officer on the scene, doesn’t he?”
“Yes. Yes, he was.”
“He notes when other officers arrive on the scene, correct?”
“Yes. I didn’t realize there were so many officers who came.”
“Do you have any reason to believe Officer Hickman’s entries as to when he arrived and when other officers arrived were incorrect?”
“No, I don’t. He must be correct. This looks very meticulous,” Selinda said as she gave an awkward smile to the jury.
She was confused why she was questioned about the arrival of the various police officers.
“Do you see where he noted the time you arrived on the scene?”
She squinted at the monitor to search for the entry.
“It’s entry number ten if you don’t mind me helping you out with that,” John said.
“Thank you. I see it now. Yes, it’s entry number ten like you said.”
“And what time did Officer Hickman indicate you arrived on the scene?”
“He entered 1:28 p.m.”
“Do you have any reason to doubt Officer Hickman was inaccurate in recording when you arrived on the scene?”
“No. No, I don’t.”
“And that’s consistent with your earlier testimony that you were with your son doing something and around 1 p.m. you were informed your husband was in an accident. Do you remember testifying to that effect?”
“Yes, I do. It’s true. I received the call around 1 p.m. It must have been after 1 p.m. because what we were doing ended at 1 p.m. and it had already finished by the time I received the call.”
“And how long did you say it took you to get to where the accident was on Scottsdale Road near 68th Street?”
“It took about twenty to twenty-five minutes. We weren’t too far from the intersection but because of the traffic it took longer than expected,” she explained.
“So you would agree with Officer Hickman’s report when he indicated you arrived on scene at 1:28 p.m.?”
“Give or take a few minutes. It took me some time to park and then walk to where my husband was.”
“I understand. Turning back to page eight of the police report, what time does Officer Hickman report your husband left in the ambulance to the hospital?”
She looked at her monitor again for the answer.
“He wrote 1:10 p.m.”
“Isn’t that at least eighteen minutes before you arrived on the scene?”
“Yes, it is.”
“So your early testimony on how you saw your husband at the accident scene was incorrect. He was gone well before you arrived, correct?”
“I may have been mistaken but I did see the blood spatter from his head injury on the asphalt when I was there. I clearly remember that. It’s a memory I’ll never forget for the rest of my life.”
“You testified earlier that you arrived at the hospital with your son and was informed your husband passed away. Isn’t that correct?”
“Yes. I was told that.”
“But isn’t it true you never saw your husband at the hospital or even at the funeral home because he was cremated before you arrived?”
“Yes, I never saw him.”
“And you didn’t arrive at the hospital in the ambulance transporting your husband from the accident scene, correct?”
“I didn’t.”
“It was Dr. Weimar who rode in the ambulance with your husband, correct?”
“I don’t know.”
“Well, you were in the courtroom when Dr. Weimar testified he did. Do you remember that testimony?”
“Yes, I do.”
“Any reason to dispute Dr. Weimar’s testimony that he rode in the ambulance with your husband to the hospital?”
“No, I don’t have any reason to doubt he’s telling the truth.”
“So, Dr. Weimar arrived on the scene before you did even though you were close to that intersection, correct?"
“I supposed so,” she admitted.
“When you testified you saw your husband’s head at the accident scene looking like it was smashed with a hammer, it wasn’t true, correct?”
“I’m confused. I must have seen his autopsy photos and I’m getting the two mixed up.”
“Is it your testimony, Mrs. Hernandez, you were able to see the autopsy photos defense counsel were never provided and have never seen? Is that what you are telling the jury?”
“I don’t know. I’m so confused. I just know his head was smashed like with a hammer. I must have been told that by someone. The police officer. The paramedics. Dr. Weimar. I just don’t remember.”
Selinda became more agitated and fidgety on the witness stand.
“Can we take a break, your honor?” Danica asked.
“I think this is a good time to take a break,” Judge Furman replied.
“All rise,” the bailiff immediately announced.
24 OUT OF ORDER
Phoenix, Arizona
The Same Day
“Mrs. Hernandez, you are now dismissed,” Judge Furman said after her counsel, Danica Bridgers, announced she had no more questions on her redirect of her client.
Walking out of the witness stand, Selinda then sat down at the plaintiffs’ counsel’s table. She intended on walking straight out of the courtroom because she needed a break after being emotionally drained from testifying. However, she knew her testimony and the cross-examination were something she needed to endure to see this through. It was also for her children who needed closure in their own way. They looked proudly at their mom and gave her a hug when she sat down.
“Counsel, you can call your next witness,” the judge announced.
When Marissa stood up, the judge was confused because it was still the plaintiffs’ case-in-chief and not the time for the defense counsel to call their witnesses.
“Your honor,” Marissa said. “The parties have a procedural issue for the court to address. May we approach the bench?”
The judge nodded and beckoned them with her hands. Both Doug Clarkson and Marissa walked toward the judge. She turned on the white noise generator so the jury and the rest of the courtroom could not hear their discussion.
“Please proceed,” the judge commanded after noticing the court reporter was ready to transcribe the bench conference.
