Eyewitness (Thriller/Legal Thriller - #5 The Witness Series) (The Witness Series #5)

by Forster, Rebecca

  “Well, I don’t really know. I just know I would hear him talking about Mr. Oi. It was the way he talked about him. He didn’t speak English when he was talking about him, so I don’t know exactly what he was saying but believe me, it wasn’t good.”

  “What about the night of the murders?” Wendy prodded.

  “He was out. He came in late and then all these old guys came into my house. It was like the movies, you know?” Mary’s eyes widened and her words got breathy.

  “Was your husband with his uncle?”

  Mary’s brow pulled together as if surprised by the stupidity of that question.

  “Well, sure, he had to drive him around. But it’s the old guy, he’s the one. I have proof.”

  Wendy’s pulse quickened. She had two quick thoughts. First, she was amazed that this woman didn’t put two and two together. If she had proof that Gjergy Isai was responsible for the deaths of Oi and Duka, and she admitted her husband was with the old man, then that made her husband complicit. The second thought was much simpler. She was thinking about what Mary Lumina might possibly have brought her.

  “I’ll be happy to look at whatever you have, naturally,” she said.

  It was like the heavens opened up and gave Mary permission to unburden herself. She plopped her purse on Wendy’s desk. Clearly there was more in that purse than lip gloss by the hollow sound it made when it hit. Mary Lumina opened it up and withdrew a cloth bag. She put it on the desk and slid it toward Wendy.

  “I found this in our house. It was hidden,” she whispered. “You test it. I know what you’re going to find. You’re going to find that old man’s fingerprints on it.”

  Wendy slid the bag across the desk. Her pulse was beating so fast she was almost sure her watch was going to jump right off her wrist. The bag was old and soft and she didn’t have to open it to know what was inside. She looked anyway.

  “You’ve brought me a gun, Mrs. Lumina.”

  Mary lowered her voice even further. “We don’t own a gun. It belongs to the old man. You test it. It’s the gun that killed Jac and Mr. Oi. I’m telling you, it’s the old man who did it.”

  “You’re very brave to bring it here,” Wendy assured her.

  “I just want him out of my house,” she insisted, emboldened by Wendy’s praise. “I want him out of my life. I’m afraid for my husband and my child. I don’t mind telling you, I’m afraid of him. He doesn’t like women. I don’t know what his beef was with any of those people, but he is scary.”

  “I’ll get this to the lab right away. Well check ballistics. We’ll look for a serial number, but, Mrs. Lumina, we’re not going to be able to tell if he pulled the trigger. We can’t finger print him without cause.”

  “I thought of that. He has no idea who he’s dealing with. That old goat never cleans up anything. I brought you this.” She dug into her purse and came up with a shot glass. “Test that. I can swear in court that was the glass he used. And I guarantee you, those are the fingerprints you’re going to find on that gun.”

  ***

  Rita Potter had her papers, pens, and briefcase set out precisely on the table in front of her. A woman Josie presumed to be a CPS caseworker sat with her, portfolio in her lap, staring straight ahead, lost in thoughts that did not seem to be unpleasant. A gentleman sporting a ponytail and a jacket a size too big for him blinked behind rimless glasses as he reviewed notes that appeared to befuddle him. Mike Montoya was behind county counsel and to the right. Judge Healy’s clerk answered a telephone call, laughed and hung up. A court reporter was set and ready for testimony. The two people Josie most hoped to see – Sam Lumina and Gjergy Isai - were there, also.

  Sam pulled a thread on his jacket, and the button popped off. The courtroom was so quiet everyone heard the curse he muttered and the clatter as his button fell. He went after it. Gjergy watched with little interest. Then Josie saw a slight tic in the older man’s jaw. He knew she was there, but when he faced forward without acknowledging her, Josie walked down the aisle and took a seat on the bench in front of them. Sam was up, noticed her, and scowled. She spoke to Gjergy.

  “Thank you for coming,” she said.

  “Will the judge give me Besnik?” Gjergy asked.

  “Not today. I’m hoping he’ll allow you to speak. Anything you can offer as proof of your relationship with Rosa and Billy will be helpful.”

  “I have my word,” Gjergy answered and Josie resisted the urge to point out that no court of law took anyone at their word.

  “Until we can get proof, then, I’ll just ask you to speak to the association we are trying to establish.” Josie took a deep breath. “But you understand, the judge might now allow this.”

  “What’s going to happen to the kid if you can’t get him to see it our way?” Sam asked.

  Josie held her tongue. She disliked this man so much she wished she only had to deal with Gjergy. At least he was focused on Billy.

  “He could go to foster parents - people who will look after him until the criminal matter is resolved,” she explained for Gjergy’s benefit. Josie had no doubt Sam Lumina knew the options. “A lot will depend on Rosa.”

  “Rosafa,” Gjergy corrected.

  “Yes. Rosafa. Hopefully, she’ll be able to identify you soon. Then the judge might allow temporary custody to transfer to you. At that point, you and Rosafa will deal with immigration and social services.”

  “It’s complicated.” Gjergy sounded like he was mocking her.

  “We’ll take one step at a time. I’ll help as much as I can,” Josie assured him.

  “In my country the law is clear.”

  Josie smiled. What was there to say? He came from a country where the law was whatever the top guy said it was. Josie stood up, but Gjergy had one more question.

  “The policeman. He wishes to talk to me again. Is it your law that I must speak with him?”

  Josie glanced at Montoya. He was watching them. She turned back to Gjergy.

  “You don’t have to, but I would advise it. I can be with you when you talk to Detective Montoya.”

  “We shall see what the judge says,” Gjergy decided.

  Josie sidestepped back to the center aisle, pushed through the bar, handed a sheaf of papers to the clerk. He immediately rose and disappeared into the judge’s chamber while Josie took her place at the defense table. Unable to help herself, she stole a glance at Montoya. She cocked her head. He nodded politely. She turned away just as the judge entered the courtroom. Everyone rose and the clerk called:

  “Department 10 is now in session. The honorable M. Jason Healey presiding. Please be seated.”

  “Morning everyone,” Judge Healy said.

  The greeting of those in attendance was a hash of morning and judge and Your Honor spoken in various tones and inflections. It was a harmony that Josie loved and had since the first time she entered a courtroom. When they were once again seated, Healy opened Billy’s case file, and laid it out.

  “You are all here, and, I am assuming, ready to proceed with the fitness hearing of the minor, Billy Zuni.” The judge sat back. His chair bounced a little as he settled in. “I understand Mr. Zuni will be released from the hospital day after tomorrow. That means a decision today is imperative. If anyone has additional information regarding Mr. Zuni’s physical condition, speak up now or forever hold your peace.”

  “Your Honor.” Josie stood. “I would like to bring to the court’s attention that a relative has been located. I would like to read his name into the record and call him as a witness if it please the court.”

  “Why was he not made available sooner?”

  “He is in the United States as a visitor. It is a complicated situation which might better be discussed in chambers.”

  “In its own good time, Ms. Bates. Let’s start where we left off, and then we’ll consider new information. Ms. Potter, it’s your show. Let’s get to it.”

  Doctor Hardy was called to the stand. As he passed, Josie noticed that his pants were a s
ize too big, yet he seemed perfectly comfortable in his clothes. He raised his hand, blinked in cadence with the swearing in, and was seated. Rita Potter dispensed with the pleasantries quickly and got to it.

  Rita Potter: How did you find Billy Zuni during your examination?

  Dr. Hardy: He was lucid, fully aware of who I was and why I was there. He could walk albeit with some pain and unsteadiness. He is no longer on morphine and is clear-headed.

  Rita Potter: What were your initial impressions?

  Dr. Hardy: Billy is a mentally healthy seventeen-year-old boy who was able to answer my questions, at times reluctantly. He was inordinately gratuitous and pleasant, almost childlike at times. I do not believe that he is mentally deficient or suffering any mental illness, but he was evasive regarding his family.

  Rita Potter: Did Billy confirm that Rosa Zuni was his mother?

  Dr. Hardy: His answers were always an affirmation of a close mother/son relationship. He easily slipped between calling her his mother and using her given name.

  Rita Potter: Did this concern you?

  Dr. Hardy: Not particularly. If a child has been put in a confusing position regarding family affiliations, he or she will default to the easiest, simplest relationship.

  Rita Potter: Examples?

  Doctor Hardy: Children who, through no fault of their own, find themselves in an ever-changing familial landscape exhibit this behavior. If there are multiple marriages, the child might default to calling a stepparent mother or father because it is embarrassing or difficult to explain what happened to the biological parent. Consider also children of abuse who are forced to refer to a person – family member or not – in a certain way. An abducted child might use a family reference to ease the horror of his or her situation or be instructed to do so in order that the abductor not be found out. In the latter case, such behavior may protect the biological family that has also been threatened.

  Rita Potter: Where might Billy fall into this spectrum?

  Doctor Potter: It is impossible to say. Two things stand out in my mind. He is overly cautious about not rocking the boat he perceives himself to be in, and he is a very intelligent young man who does not wear that intelligence on his sleeve.

  Rita Potter: Do you believe him capable of committing violence upon a person?

  Doctor Hardy: I can’t answer that. I had limited time with Billy. He appears good-natured and talkative, yet says very little of a personal nature. He continually apologized for causing problems. He is well scripted. It appears to me that Billy Zuni has created extreme parameters for himself.

  Rita Potter: Is that an unusual thing for a teenager to do?

  Doctor Hardy: No. A seventeen-year-old boy is very adept at this. He might be swaggering on the campus of his high school, and yet be solicitous as he sits at a table with his grandparents. Billy expertly negotiated the conversation especially where Rosa Zuni was involved. This does raise a red flag if it is behavior considered along with other circumstances.”

  Rita Potter: What are parameters?

  Doctor Hardy: He has severe separation anxiety. Rosa’s safety is equated with his safety. He would do anything to keep that status quo.

  Rita Potter: Could something have disturbed this delicate balance enough for him to become violent? Say, the attention of men that Billy perceived might change the relationship between Rosa and himself?

  Doctor Hardy: Speaking in the abstract, yes. Drug use could bring on the type of violence that was visited on Rosa Zuni. We might even consider something like parasomnias. That could explain-”

  “Your Honor,” Josie interrupted without rising, throwing off the rhythm of Rita Potter and her witness.

  “Ms. Bates?” Judge Healy recognized her.

  “Doctor Hardy is talking about sleepwalking as a possible explanation for criminal behavior that hasn’t been established. I don’t understand why we are taking that tangent?”

  “I only wanted to cover all bases, judge,” Rita said. “The choices before you range from incarceration to family placement. State of mind, and possibly disposition to violence, should be taken into consideration.”

  “Agreed,” Josie countered. “However, I have reported to both the investigating officer and the court that we now have a witness who clearly documents the timeline on the night in question. Billy was at the beach during the time of the assault, he did not test positive for drugs, and he has no known problem with parasomnias”

  “Can we move on from this testimony, Ms. Potter?”

  “Your Honor, I do think Doctor Hardy’s testimony needs to be considered. No reasonable person walks into a raging ocean, nor does a reasonable person assault another so viciously.”

  “Your Honor, please,” Josie objected. “Two grown men were killed and Rosa Zuni’s attack took time that Billy could not possibly have had.”

  “But, judge,” Rita pleaded. “I am not including the two murder victims in the scope. We are only concerned with facts in evidence including Billy’s behavior. Even if we disregard the knife, he admits to leaving the scene where the woman was near death. If he does have these sleep problems, this is something the people who will eventually be charged with his care need to know. Further testing is imperative before he is released from the hospital.”

  “Point taken, Ms. Potter.” Healy made some notes. “Doctor Hardy, how long would these tests take?”

  “A day. Possibly two,” he answered. “I believe Billy’s history is well documented. I would like to explore not only the psychology but the physiological aspects of sleep deprivation, erratic eating, familial rejection, etc.”

  “The court appreciates your thoroughness, Doctor Hardy.”

  He was dismissed and Mike Montoya was called and dutifully sworn. “Detective Montoya,” Ms. Potter began. “Your investigation is ongoing, but in the matter at hand, the disposition of Billy Zuni, I would like to ask you directly if you are going to be charging him with the murder of Greg Oi or Jac Duka.”

  “No, we are not at this time.”

  “Will you be charging him with the assault on Rosa Zuni.”

  “The District Attorney has not filed charges, but Billy Zuni has been read his rights as a precaution.”

  “Detective,” Rita asked, “What do you know about the relationship between Billy and Rosa Zuni?”

  “We believe that Rosa is Billy Zuni’s older sister. They are not U.S. citizens and may have been held here illegally by one of the murder victims, Greg Oi.”

  “In what capacity would he have held them?”

  “We are still trying to sort that out,” Mike began and then proceeded to fill the court in on, Kat Oi’s story, the passports, the DVD, and his discussions with the federal strike force and immigration.

  Judge Healy stopped bouncing in his high backed chair. Placement of Billy Zuni was no longer standard operating procedure, yet he looked concerned as he asked:

  “Detective, are your federal contacts sufficiently motivated to fast-track their investigation?”

  “Yes, Your Honor, but Albania does not have the information infrastructure we enjoy over here. I’m sure Mr. Isai could speak to this matter.”

  Judge Healy looked into the courtroom and then spoke to Josie.

  “Ms. Bates, is that your witness?”

  “It is, Your Honor.”

  The judge crooked a finger. Gjergy stood up.

  “I will consider you sworn to tell the truth to this court. Is that understood?”

  Gjergy nodded.

  “Do you have any proof of the relationship between you and either Rosafa or Besnik Zogaj, also known as Rosa and Billy Zuni?”

  “I do not, Honorable Judge,” Gjergy answered. “I can say her mother is Teuta and her father is Flori. Her grandfather, my wife’s cousin, was Yilli the goat herder. To this I swear.”

  “But you have no papers?” Healy insisted.

  “No, Honorable.”

  “Thank you, sir. You may sit.”

  Gjergy did as he was told, but s
omething in the judge’s demeanor bothered Josie and she stood up.

  “Your Honor, I would like to point out that the Albanian community in the South Bay is small and close knit. There is every possibility that they will open their arms to Billy.”

  “Do you have specific housing possibilities for Billy?”

  “No,” Josie admitted.

  “Judge,” Rita spoke up, annoyed with the turn this was taking. “We are off message. Someone foreign to the American culture is not a viable alternative to state placement. There is enough confusion as is.”

  “Agreed. Is Detective Montoya needed any longer?”

  “Only one more question,” Rita said.

  “You posted a guard at Billy’s hospital room. Are you concerned that Billy is a threat to himself or to Rosa Zuni?”

  “No,” Mike answered, “but I remain cautious.”

  “I’m done with this witness.”

  “Ms. Bates? Your turn.”

  Josie stood.

  “This morning my investigator brought you a man who was with Billy Zuni on the night of the murders.”

  “My criminal analyst is working with him, but there are serious questions about his reliability.”

  “I am sure you’ll find everything in order,” Josie said. “His story can be corroborated by two other witnesses who saw Billy that night.”

  “Ms. Potter?” Judge Healey called on the county counsel and motioned Josie down.

  “One last witness, Your Honor. If Mrs. Anderson would take the stand.”

  The woman who had been waiting took the stand and offered testimony on available placements for Billy: two private homes in the far reaches of the county, one group placement home for probationers from California Youth Authority and, naturally, space in juvenile lock-up in county jail.

  “Ms. Bates? Do you have alternatives?”

  “Outside of the possible association with Mr. Isai, I have a confirmed placement in Hermosa Beach with a local restaurant owner, Burt Hunter. He has firsthand knowledge of aftercare and is a friend of Billy’s. I’ve outlined this offer in the papers provided to you.”