Ian

by Denise Irwin

  She called Molly and Jack to come speak with her before they left. “I had the clock on the last run and you both did very well. For the next class, I would like you to bring your dog and we’ll train with him.”

  They both said, “Thank you Miss Shannon,” and then ran to the bleachers.

  They told everyone that the last run was timed and Miss Shannon said that they did real good. Jack said, “Miss Shannon told us to bring Vinny next week.”

  Nancy said, “That’s great Jack. Dinner at the Pizza joint is on Bill and me.”

  Gregory said, “Phil, if you want to stay, someone can bring you home, but jury selection is tomorrow and I’m up against Becca.”

  That brought everyone back to reality, so Leona said, “Brian, you can join us next time.”

  Amanda said, “Phil, we can drive you home, if you want to stay.”

  They met at the pizza joint and stayed upbeat for Molly and Jack even though their minds drifted to tomorrow’s jury selection. Amanda said, “The two of you were unbelievable. I hope that Stef and I can do half as good next week.”

  When it was time to go everyone said it was a great day and that they would see each other next Saturday.

  Sam parked in the driveway and when everyone was out of the car, he told Jack, “Get Vinny’s leash and walk him in the back yard.”

  After the kids went to bed, Leona and Sam met in the kitchen. As he handed his wife a glass of wine, he said, “Don’t you think that it was really a fun weekend?”

  “I couldn’t disagree with that and I hope that Brian and Phil can join us.”

  “Me too.”

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  On Monday morning during breakfast, Jack said, “That was a really cool weekend.”

  Sam said, “It really was. I think that everyone enjoyed it as well.”

  “Dad, why didn’t Mr. Brian join us for dinner?”

  “He had to go to work very early this morning, so he went home to get his paperwork ready.”

  Molly asked, “Is that like homework?”

  “Yes it is.”

  “Well, he should have done it earlier so that he could have dinner with us.”

  “Yes Molly, I have to agree with you, but it was Mr. Brian’s decision.”

  Molly and Jack left for school. Leona and Sam had another cup of coffee. Leona said, “I sure hope that there’s a jury by the end of the day.”

  “I do as well.”

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  Gregory and Delven sat side by side while Kavanagh gave instructions to the prospective jurors in his courtroom. “Please put your hand up if you do not have a number.” No hands went up so he said, “That’s good. The attorneys will call you by that number. The State goes first, so if your number is called, please stand and walk to the witness box. The Prosecutor will ask you a question and then the Defense attorney will ask you a question. After that, the Defense attorney will call the next number. We’ll rotate through until the attorneys match fourteen numbers. It is important that you answer the questions honestly. Are there any questions?”

  No hands went up, so he continued, “I’m going to leave the room, to put my robe on and when I return, we’ll begin.”

  It was always amazing to Kavanagh that he was just an average working Joe until he put his robes on. He couldn’t miss the look of fear on everyone’s faces went he reentered the court to sit on the bench. “Will the State please call the first number?”

  Gregory looked around the room as if by osmosis he would call the right number. He called out, “Will number 28 please come to the stand.”

  His eyes nearly fell out of his head as a gorgeous redhead came forward. He waited until she sat, to ask his question. “Did you attend college?”

  “Yes, I did.”

  Delven stepped in, “Do you have a master’s degree?”

  “Yes I do.”

  It was Delven’s turn to call a number, “Will number 15 please come to the stand.”

  She thought that it was her lucky day when number 15 was an elderly man. She asked him, “Are you retired?”

  “Can you please speak louder? I don’t hear very well.”

  Delven shouted, “Are you retired?”

  “Yes ma’am, I’ve been retired for nearly fifty years.”

  Gregory stepped forward and shouted, “Did you attend high school?”

  “No I did not.”

  They alternated calling numbers until lunch time. Kavanagh announced, “Lunch is being served in the jury room, my bailiff will lead you there. Please do not discuss any aspects of this morning’s questions.”

  Once the prospective jurors left the room, he told Gregory and Delven to join him in his chamber for lunch. Kavanagh asked for their lists and then laughed, “I don’t know how the two of you do it. So far you match on all the numbers. At this rate we have a good chance of having a jury today.”

  “What I’m about to say remains in this room, do you understand?”

  They nodded their heads, so he continued, “I’m shocked that neither of you chose number 15.”

  Delven said, “I have to say that I was very close to choosing him.”

  They returned to the courtroom to question prospective witnesses until 4:00 that afternoon. Kavanagh called the attorneys into his chamber to review their lists. He said, “We have a jury. Go ahead and leave and I’ll take care of those selected and not selected.”

  Gregory went to his office to call his team to let them know that that they had a jury and that trial begins tomorrow at 9:00 am in Kavanagh’s courtroom.

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  Leona said, “Let me call my mother now.”

  When her mother answered the phone, Leona said, “Ma, we have a jury, so the trial begins tomorrow.”

  “That’s great. I’ll come pick up Molly, Jack and the dog after dinner this evening.”

  During dinner, Leona said, “When you’ve finished dinner, go pack a bag of clothes. Grandma is going to be over shortly to pick you up to stay with her for the night.”

  Molly asked, “Is Grandma going to take Vinny to her house?”

  “Yes she is.”

  Jack asked, “Do you know when we can come home?”

  Leona wasn’t sure what to say, “You might need to stay with your grandparents for two nights. Does that upset you?”

  “No, I just wanted to make sure that we can attend the training classes.”

  “You don’t need to worry about that. We’ll all attend the classes.”

  Nancy and Bill came to get the kids just after dinner. Nancy asked, “How long do you think the trial will last?”

  “Ma, you know that we don’t have an answer, but Jack was worried about making the training classes, so I assure you we’re planning to attend them.”

  “Okay then, let’s get everyone into the car. Leona call me when there’s a verdict.”

  “I will.”

  Leona and Sam walked out to Bill’s car and Sam helped him get the clothes bags into the trunk and then the kids and dog into the back seat.

  They went back into the kitchen for a nightcap before going to bed. It was a quiet nightcap since they were both lost in their own thoughts.

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  Leona and Sam rose early on Tuesday morning. They grabbed a quick bite and put coffee in travel mugs. This was not a high profile case, so parking wasn’t an issue; however, they would still face the morning rush hour traffic.

  Everyone was in the hall outside the courtroom. Sam took the opportunity to introduce Bob and Ellie to his wife. “This is my wife Leona.” He waited while they shook hands. “Leona this is Ellie Williams and Bob Keane. Ian worked for Bob at the Pickles Pub.”

  Gregory came over to introduce himself to Ellie and Bob, “My name is Brian Gregory, I’m the prosecutor in this case and it is my goal to get a jury conviction. Bob you can either stay with Ellie until she’s called to the stand or come into the courtroom.”

  “I’ll wait with Ellie.”

  “Bob, I’ll be fine waiting for my turn since all t
he other witness are here, so go into the courtroom and listen to everything that’s said.”

  The bailiff unlocked the doors and they filed in to sit on the bench behind the prosecutor’s table. They watched as Delven and the defendant entered the courtroom escorted by the Jail guards though the side door. He was dressed in an expensive looking black suit.

  The bailiff then returned to the courtroom through the side door to call out, “Hear-ye, Hear-ye, all rise as The Honorable Aaden Kavanagh enters the courtroom for the trial of Mark Thompson, charged with Premeditated Murder under Title 2, Section 2-201. Case Number 13-641.”

  When Kavanagh sat in his chair, he addressed everyone in the courtroom, “Please sit. Is the State prepared to make it opening summation?”

  “It is.”

  “Then, please proceed.”

  “Thank you Your Honor.” Gregory walked to stand in front of the defense table. “The man sitting at the defendant’s table is professionally dressed as if in fact, he were the defense attorney.” Gregory then walked to face the jury. “Don’t let that suit fool you. The defendant is not who he appears to be this morning. In fact, the defendant murdered a post graduate student. Ian Macgill was born and raised in Stonehaven, Scotland. The town doctor was getting old, so the citizens of Stonehaven pooled their finances to pay for Ian Macgill’s tuition to attend the University of Maryland School of Medicine. The town is out of money the citizens donated and out of a doctor.

  “Ian Macgill volunteered his time at the University of Maryland Medical Center. His volunteer tasks were to ensure that patients were comfortable and he worked the night shift in the kitchen at Pickles Pub. It was his job to pull the full garbage bags and take them out to the dumpster and return to the kitchen for more bags. He worked until 3:00 am taking care of the trash and then volunteered for six hours the next day.

  “Who would want to murder Ian Macgill and why? You will hear testimony from a young woman who will tell us that the defendant stalked and threatened her. Ian Macgill had coffee with Ellie Williams and was maliciously murdered that night. I urge the members of the jury to vote guilty, before the defendant murders someone else.

  “Your Honor, the State has concluded its Opening Summation.”

  “Is the Defense prepared to make it Opening Summation?”

  “Yes Your Honor it is.” She said a little prayer as she stood, ‘God, please give me the strength to do this’. She walked to face the jury. “The State gave a very compelling Opening Summation; however it was a bit weak in motive. Listen as he calls his witnesses and interviews them. You’ll hear about the evidence collected. Ask yourself if there’s a possibility that Mr. Thompson is taking the fall for someone else. Is there the slightest possibility that someone else drove his vehicle? Those are the questions going through my mind and I urge you to take the time to actively listen to everything said today. If there is even the slightest doubt in your mind that the State did not prove to you that my client, Mr. Thompson, did this crime, you must vote him not guilty.

  “Your Honor, the Defense has completed its Opening Summation.”

  “Thank you counselor, we’ll take a fifteen minute recess and then I’ll ask the State to call its first witness.”

  Gregory turned around, “Bob, I need to let Phil know that he’ll be called to testify after the break, do you want to go with me and check on Ellie?”

  “No because it’ll upset her, and I don’t want to do that.”

  “I understand.”

  When returned, he told Bob, “She said to tell you that she’s okay.”

  “Thanks for telling me that.”

  The bailiff called out, “All rise as The Honorable Aaden Kavanagh enters the courtroom.”

  The Judge said, “Please sit. Is the State prepared to call its first witness?”

  “Yes Your Honor it is. The State calls Phillip Mason to the stand.”

  Gregory stood quietly as the bailiff swore Mason in. Once he sat on the witness stand, Gregory asked, “Mr. Mason, please state your full name for the record.”

  “My name is Phillip Mason.”

  “Mr. Mason, are you currently employed?”

  “Yes I am.”

  “Where are you employed?”

  “I am the Medical Examiner in the Baltimore City Morgue.”

  “Did you perform the autopsy on the victim, Ian Macgill?”

  “Yes I did.”

  “Did you determine the cause of his death?”

  “Yes, his head was nearly severed off by a knife wound.”

  Gregory turned on the overhead projector. “What you are about to see are the photos taken at the site by the forensic analyst. They are extremely graphic; however the knife wound is visible.” He heard someone on the jury gag, so he turned the viewer off and asked his next question.

  “Mr. Mason, in your opinion, did the victim die instantly from the knife wound?”

  “I cannot provide a definitive answer since Mr. Macgill’s body was discovered on a flooded parking; however, I must say that it is unlikely that he died from the knife wound. He bled until he was unconscious.”

  “Mr. Mason, are you saying that while his neck had been so severely cut that he may have been aware of what was happening to him?”

  “I’m just saying that it’s a strong possibility.”

  “Thank you Mr. Mason. Your Honor, I have no more questions for this witness.”

  “Would Defense like to cross examine this witness?”

  “Yes Your Honor, it would.”

  Delven stood and walked to the witness stand, “Mr. Mason, you stated that the victim may have been aware of what was happening to him. Can you share with the jury and me how you deduced that statement?”

  “There are a number of documented cases that show that cutting the neck artery does not kill the victim. It’s the loss of blood. When I examined the victim in the morgue, there was in fact a significant amount of blood loss, which indicated that his heart was still pumping blood.”

  “Your Honor, I have no more questions for this witness.”

  “Mr. Mason, you may step down. The State may call its next witness to the stand.”

  “The State calls Amanda Buttons to the stand.”

  He waited quietly while the bailiff swore her in.

  Gregory said, “Please state your full name for the record.”

  “Amanda Lynn Buttons.”

  “Thank you. Ms. Buttons where are you employed?”

  “I work in the Forensic Lab in the Baltimore City Morgue.”

  “Did you report to the site where the body was found?”

  “Yes I did.”

  “Did you find any evidence there?”

  “No we did not, we believed that after the heavy rain that caused the flooding washed the victim down the Jones Falls River and he landed on the Meadow Mills Parking lot. We drove to the Roland Park Lake which is the head of the river. We found a knife along the river bank and we also found tire tracks. We photographed the tire tracks and I took a sample of the dirt. When the Medical Examiner performed the autopsy, he uncovered a torn piece of shirt that did not match what the victim was wearing. The medical examiner found samples under the victim’s nails and we believe that he struggled with his assailant.”

  “Okay, you have a number of samples that were collected, but they really aren’t evidence are they?”

  Amanda’s insides were laughing. She loved testifying for him. “No, they’re not evidence. When the defendant was taken into custody, we obtained a swab from the inside of his cheek. That was used to obtain his DNA. That sample matched the DNA on the piece of shirt and the skin under the victim’s nails.”

  “Ms. Buttons, please explain to the Jury and me about the dirt samples that you took?”

  “When the defendant was taken into custody, the sample that I collected on the parking lot matched the dirt embedded in his tire. I found a tire invoice in the car’s glove box that matched the tire marks in the photos.”

  “Thank you Ms.
Buttons. Your Honor, I have no more questions for this witness.”

  “Does the Defense wish to cross?”

  “No Your Honor, it does not.”

  “Ms. Button, you may step down. The State may call its next witness.”

  “The State calls Elizabeth Williams to the stand.”

  He stood quietly as she was sworn in and then he asked, “Ms. Williams, can you please state your full name for the record?”

  Her knees were banging together so she looked at Bob, who smiled at her. “My name is Elizabeth Margaret Williams.”

  “Ms. Williams, are you employed?”

  Her voice shook when she replied. “No, I don’t have a job. I’m a student at the University of Maryland.”

  “How did you meet Ian Macgill?”

  Her face lit up and she smiled. “We both volunteered at the University of Maryland Medical Center. We would visit patients and keep them comfortable.”

  “Would you say that while you volunteered together that a friendship blossomed?”

  “Yes, I would. It wasn’t anything romantic, but we enjoyed one another very much.”

  Gregory turned to face the defendant, knowing that the jurors would as well. “Ms. Williams, did the two of you ever go out for just maybe a cup of coffee?”

  She smiled as she said, “Yes we did. He met me at the front door to the Volunteer Center and we walked to the Peace and a Cup of Joe coffee shop. We talked for hours and then he walked me home. I never heard from him again.” She started to cry. “I thought that he would call and ask me to go out with him. When he didn’t call, I assumed that he didn’t have a good time.”

  She was ripping his heart out and he hoped that the jury felt the same way. “Ms. Williams, do you know the defendant?”

  Her entire persona changed. She looked as though she was about to faint. Kavanagh leaned over the bench, “Ms. Williams, would you like to take a break?”

  “No Your Honor, I would like to continue. Mr. Gregory, yes I know the defendant. He stalked me. My parents took out a restraining order, but it didn’t stop him.”