Legal Thriller: HOA Wire, a Courtroom Drama (Brent Marks Legal Thrillers Book 3), page 13
“Dr. Orozco, please tell the jury what materials and reports you reviewed in preparation for today’s testimony.”
Dr. Orozco did just that. He talked to the jury as if they were in his living room, and they were all seated in front of the fireplace, listening to stories.
“I reviewed the autopsy report of Dr. Perez and the toxicology report.”
“Did you have the ability to do your own autopsy on the victim?”
“Unfortunately, no. The victim’s body had been cremated at the point I was brought into the case.”
“Dr. Orozco, if you had been able to do your own autopsy, what would you have done differently than was described in Dr. Perez’ report?”
“Objection, calls for speculation,” Chernow chimed in.
“Expert hypothetical, Your Honor.”
“Overruled. It is in the nature of an expert hypothetical question, in reverse manner,” said the Judge. “You may answer, Doctor.”
“I would have tested tissue samples for abnormal pathology such as cancer cells. I would have tested the tissues for infectious bacteria.”
“Didn’t you perform these tests on tissue samples that had been saved from the autopsy?”
“Yes, some tissue samples were made available to me, but not enough to make comprehensive tests that could result in any conclusions.”
“Dr. Orozco, as a result of your review, do you have an opinion within a reasonable degree of medical certainty what caused Ms. Densmore’s death?
“Yes, I do.”
“Would you please tell the jury your opinion?”
“In my opinion, Ms. Densmore’s death was caused by acute respiratory failure.”
“Is that consistent with ricin poisoning?”
“It could be, but there was no indication from Dr. Perez’ report besides his conclusion that ricin was to blame. Absolutely no pathological evidence at all. It could have been any number of other factors which caused her respiratory system to shut down, according to the medical history and forensic evidence.”
“Such as what?”
“Tracheal or lung cancer, for one. Common pneumonia for another. Unless I had found ricin on her clothes or in the immediate vicinity of the death scene, there is no way I could conclusively determine that it was ricin poisoning.”
“No further questions, your honor.”
“Cross?”
“Thank you, your honor,” said Chernow.
“Dr. Orozco, wouldn’t your opinion be different if you knew that an environmental sample of ricin were found?”
“That depends on the environmental sample. Certainly, if the deceased were found dead and there was ricin in the immediate environment, yes.”
“And, you did not examine the body?”
“That’s what I said.”
“So then, your opinion is based on pure speculation, isn’t it Doctor?”
“Objection, Your Honor, argumentative.”
“It is argumentative, but I will allow the answer.”
“No. My opinion is based on the reports. I didn’t have to speculate about anything,” said Dr. Orozco, innocently.
“No further questions, Your Honor.”
“Mr. Marks?”
“Nothing further, Your Honor.”
“Then we will break for the afternoon recess and resume at 1:30.
* * *
For a change of scene, Brent met Angela for lunch at The Gallery Café. It was always a pleasant retreat to pass through the art gallery first and admire all the new arrivals, before exiting to the dining area in the beautiful stone courtyard. Angela sat in the corner, behind the fountain. Among the flowers bursting from the vine covered stone walls and the magnificent orchids, her beauty stood out above all the rest.
“So, you’re on the home stretch?” she asked.
“I figure one more day.”
“Any chance you can join me tonight?”
“I can’t go out or anything.”
“I know. I thought I would come over.”
“I’d love to have you, but I’ll be preparing.”
“Not the whole night.”
Brent smiled, as he thought to himself how lucky it was that fate put this woman right in his path. She was truly the nicest person he had ever known. He raised his glass of red wine to her, and said, “Angela, you are by far the most wonderful person I have ever met, not to mention the most beautiful. Here is to you, and my incredible luck for having met you.”
Angela’s cheeks flushed, and she smiled.
“Where did that come from?”
“From my heart.”
Brent and Angela spent an hour in this lovely oasis, and almost didn’t notice that the time had passed and it was time to come back to reality.
CHAPTER THIRTY-SIX
Back in the tightly filled courtroom, all eyes were on Nancy as she took the stand in her own defense. Brent saw that the reporters in the gallery were at ready position, with their steno books open and pencils sharpened.
“Mrs. Haskins, are you are aware that you have a Fifth Amendment privilege against self-incrimination, and that you do not have to testify in this case?”
“Yes.”
“And you realize that the People have the burden to prove guilt beyond a reasonable doubt, that you have no obligation to do or say anything, and that, by giving up your right to remain silent, you are waiving that right?”
“Objection compound,” said Chernow, interrupting the drama that the jury was fixed on.
“I’ll allow it,” said the Judge.
“I have nothing to hide,” said Nancy, looking at the jury. “I’m innocent,” she exclaimed, with an affirming nod.
“Mrs. Haskins, did you like Ms. Densmore as a person?”
“No, I didn’t care for her at all. That’s no secret. Oh, but I didn’t kill her,” she added, raising a few smiles from the men on the jury.
“Move to strike the last sentence, Your Honor,” objected Chernow.
“Denied. Please continue, Mr. Marks.”
“Why didn’t you like her, Mrs. Haskins?”
“Well, I understand that the Homeowners Association has a right to collect their money. And I understand that they can use foreclosure in certain circumstances.”
Nancy looked at the jury. The older folks seemed to empathize with her, by the looks on their faces.
“But Barbara was never human about it. She never considered that this was my home, and never gave me a chance to try to work things out. All she wanted to do was to take my house.”
“Did the Homeowners Association take your house?”
“No, you stopped them in court,” she said proudly, a nice testimonial for Brent’s lawyering skills.
“So, after you stopped the foreclosure in court, you had no further need to fight with the Homeowners Association, did you?”
“No, I didn’t. All I had to do was come up with a payment plan.”
“Your Honor, I ask that the Court take judicial notice of the order of the Superior Court in the case of Haskins v. Orange Grove Homeowners Association, and that it be admitted into evidence as Defense Exhibit C.”
“No objection? It is received.”
“And I would like Your Honor to note that the order halting the foreclosure was granted one day before Barbara Densmore’s death.”
“So noted.”
“Mrs. Haskins, can you describe the incident where you told Ms. Densmore to “shove” her ticket?”
“That’s embarrassing, Brent.” Nancy’s cheeks turned pink, even though they had gone over it before.
“Please, explain to the jury what happened.”
Nancy sighed and took a deep breath.
“Well, that day was a terrible one for me. My husband had just recently died and I was sad, upset and lonely. I saw Barbara writing out one of her tickets for something – they always write out tickets for everything – if your lawn is not mowed good enough, if your trash cans aren’t taken back into the garage soon enough – you name it, they have a ticket for it,” she said the the jury, with a stern look.
“Anyway, Barbara came running up to me, waving that ticket and I tell you I didn’t want any part of it. And I got so mad, well, you know what I said,” she exclaimed, turning a little redder.
“Can you explain why you told Barbara Densmore and Frances Templeton that you wished them dead?”
“I think everyone has said that at one time or another. I didn’t mean it!”
“Then, why did you say it?”
“They just made me so upset, I didn’t know what else to say. I could never hurt anyone, no matter what! You have to believe me!” she implored, looking at the jury with wounded eyes.
“Did you have any personal problems with Barbara?”
“Oh, heavens no!” said Nancy, looking right in at the jurors. “It was just that darn homeowners association I had problems with. If it wasn’t Barbara, it would have been someone else. We had others before her and they were just as bad.”
“Mrs. Haskins, did you kill Barbara Densmore?”
“No, Brent, I swear as God is my witness I didn’t. And I’m so afraid from this whole thing.” Tears rolled down Nancy’s cheeks, and the women on the jury all looked like they were going to cry with her. “I’m sorry,” she sobbed, “I just can’t imagine that anyone would even think such a thing, let alone actually accuse me of murder!”
Brent paused and looked at the jury. From his point of view, they all looked as if they imagined Nancy in her kitchen, baking cookies, instead of concocting poisonous booby traps and putting them in flower bouquets.
Chernow was so eager to cross examine Nancy, it seemed as if he would pee his pants. He was wiggling in his chair and biting on the top of his pen the entire time, in between making furious notes.
“Your Honor, is it about time for the afternoon break?” Brent asked. “It looks like it may be time for a bathroom break,” he added, nodding in Chernow’s direction. There were some chuckles from the gallery and some smiles from the jury, but the Judge didn’t notice Chernow sitting there looking as if he was busting his bladder.
“I say we press on, Your Honor,” Chernow insisted.
“Just didn’t want anyone getting green, Your Honor.”
Several members of the jury laughed. They had noticed. The judge looked at the wall clock.
“Indeed it is time for the break,” said the Judge. “Court will be in recess for fifteen minutes.”
Normally Brent would not want to give the opposition any extra time to work on their cross, but, in this case, he didn’t care because he knew that there was nothing that Brad could throw at Nancy that she could not handle, and he wanted the testimony she had just given to ferment.
* * *
Nancy sat back in the witness box, all lonely and afraid. She remembered what Brent had told her. Just tell the truth and everything will work out. But she just couldn’t wait to get off that stand and out of that courtroom.
“Mrs. Haskins,” asked Chernow, “Isn’t it true that you didn’t like Ms. Densmore?”
“Yes, I already said that.”
“You hated her, didn’t you, Mrs. Haskins?”
“No, I didn’t hate her. She just wasn’t one of my favorite people. Whenever I had contact with her it was never pleasant.”
“Move to strike after “No I didn’t hate her” Your Honor.”
“Denied. Please continue.”
“In fact, you blamed Ms. Densmore for the foreclosure on your house, didn’t you?”
“No, as I said before, I knew I was behind on my assessments. It was nobody’s fault but mine. I just think she should have tried to work it out with me.”
“Move to strike as non-responsive, Your Honor.”
“Granted. Answer the question please, Mrs. Haskins.”
“Can you repeat the question, please?”
“Yes, you blamed Ms. Densmore for the foreclosure on your home, didn’t you?”
“No, I did not. I didn’t like her intolerance and lack of compassion.”
“Move to strike after “No I did not,” Your Honor.”
“Denied.”
“You knew it was Ms. Densmore’s birthday, didn’t you?”
“No, how would I know that?” Nancy looked genuinely surprised at that question.
“And on that day, you had a bouquet of flowers delivered to Ms. Densmore, isn’t that correct?”
“No, it is not. Absolutely not.”
Chernow knew that Nancy would deny it, of course. He was just trying to crack her credibility in front of the jury. Brent hoped that he didn’t crack her completely.
“And you rigged the flower food package to explode with deadly ricin, isn’t that correct?”
“No, I did no such thing. Before this court case, I didn’t even know what ricin was.” Nancy looked at the jury as if she was pleading for help.
“You never watched Breaking Bad?” asked Chenow.
“What’s that?” Nancy asked, innocently. Two of the men in the jury chuckled and all of the women looked surprised. They had obviously never seen Breaking Bad either. Chernow continued, flustered.
“And then, after the ambulance left with Ms. Densmore in it, you broke into her house, and took away all evidence of the poisoning, isn’t that true, Mrs. Haskins?”
“I did no such thing. God knows it, and I think in your heart of hearts, you know it too, Mr. Chernow.” Point for Nancy, thought Brent.
“Your Honor! Move to strike as non-responsive.”
“The answer will be stricken and the jury is to disregard everything after I did no such thing.”
“You cleaned up every trace of ricin at Ms. Densmore’s house, didn’t you, Mrs. Haskins?”
“I did not!”
“And you removed the cellophane and package that was contaminated with ricin and threw it away in your own garbage can, didn’t you Mrs. Haskins?”
“No, I did not. I swear it!” Nancy was holding her own. The poor girl didn’t crack.
Chernow wore Nancy down, varying his questions around the same deadly theme until he finally had shot his load and stopped.
“Redirect?” Brent had been saving the best for last.
“Thank you, Your Honor.”
“Mrs. Haskins, how did you feel when you won the action to set aside the foreclosure?”
“Objection, irrelevant and outside the scope of cross examination.” Chernow had given Brent a gift. He argued his objection in front of the jury.
“Your Honor, it is inside the scope and I am entitled to examine Mrs. Haskins state of mind. Her elation after the foreclosure was off eliminates any criminal intent.”
“Your Honor!” Chernow protested.
“Overruled, you may answer.”
“I felt relieved. It was like all was good in the world again. I was happy for the first time since Burt was alive. I was so… happy!” Nancy started to cry. The Judge whispered to the clerk, who gave her box of Kleenex to the Bailiff and he delivered it to Nancy.
“Thank you,” she said, taking a Kleenex from the box and wiping her eyes. “I can’t believe this is happening!” More tears. Every member of the jury looked like they wanted to hug Nancy.
“Your Honor, there is no question pending,” said the heartless Chernow.
“Do you need a break, Mrs. Haskins?”
Say no! Say no! thought Brent.
“No, I’m alright.”
“Mrs. Haskins, given the fact that you were so happy, what thoughts, if any, did you have for Ms. Densmore?”
“Only good thoughts for everyone. I was so relieved, there was nothing that anyone could do to get me down. I was finally back on a positive track, with a plan how to resolve all my financial worries. Then this.” She clenched her wadded Kleenex and looked up at the ceiling, as if to ask God why he slammed her with this after everything was going so well.
“No further questions, Your Honor. The defense rests.”
“Thank you Gentlemen. You may step down Mrs. Haskins. Ladies and gentlemen of the jury, we are going to recess for the day so the lawyers and I can go over jury instructions.
“Let me give you ladies and gentlemen an idea of what will happen tomorrow. The People will give their closing argument, then the defense. Then the People will give their rebuttal to the defense argument. Then I will read all of the instructions regarding the law to apply to the evidence you have heard in this case. You don’t have to worry about taking notes, because a copy of all the instructions will be made available to you in the jury room. Have a good afternoon and we will see you back here at 9:00 a.m. sharp tomorrow.”
* * *
It was a quiet evening, quite a contrast to the hectic and strenuous day in court. Brent reviewed all the notes of the trial, while Angela took care of him and the cat. It was like they had been living together for years.
“You’re going to do great tomorrow, honey, I know you are,” said Angela, as they hit the pillows.
CHAPTER THIRTY-SEVEN
The jurors filed in and took their seats in the crowded courtroom. Today was the day of final argument, a lawyer’s masterpiece theater. Today there would be no witnesses, no cross examinations, only raw combat between two legal gladiators. There would be no choice of weapons in this Coliseum. The weapons were words, which they would hurl at each other with precision, like smart bombs.
“Ladies and gentlemen, said the Judge. “You have heard the evidence and now you will hear the arguments of the attorneys. Please keep in mind what I told you at the beginning of this trail. Argument is not evidence and you must not consider it as such. Mr. Chernow, you may make your final argument,” said the Judge.
“Thank you, Your Honor,” Chernow said, as he approached the jury box confidently, like a boxer stepping into the ring. He put his notes on the podium that had been set in front of them.
“Ladies and gentlemen, you have patiently listened to all the evidence in this trial. First, I would like to say that it is understandable that you may have compassion for the defendant. You may think that she is otherwise a nice lady. But remember this – you have a very important responsibility here. You are making the decision in this case. Our society cannot peacefully exist if people are allowed to kill each other, and whether you think you like a person or not, if he or she has committed murder, you twelve people, sitting as a jury, cannot let your emotions get in the way of your duty.
