“Sustained. Rephrase, Mr. Kadella.”
It was a foolish objection. One way or another, the jury would hear about the Taser burns.
“If you know, did there appear to be Taser burns on Judge Segal’s body similar to those on Robert Smith, Rhea Watson and Ross Peterson?” Marc asked rephrasing the question.
“Yes,” Jefferson admitted.
“Isn’t it also true that when you arrived at the scene where Judge Segal’s body was found and saw him posed exactly the same way as the others, you immediately thought that the same man must have murdered Judge Segal, didn’t you?”
This question was a little risky. Jefferson could easily deny it but Marc believed the jury would doubt Jefferson’s denial.
“Yes,” Jefferson admitted.
“Isn’t it also true that you had Howard Traynor under surveillance again, the night Julian Segal was murdered but not Aaron Forsberg?”
“Yes, that’s correct.”
“Mr. Traynor is not charged with the murder of Judge Segal because there is no physical evidence to connect him to Julian Segal’s death, he was under police surveillance and you could not find any tie between Howie Traynor and Julian Segal, isn’t that true?”
“Yes,” Jefferson admitted reluctantly.
“Julian Segal, before being appointed to the bench, was a well known criminal defense attorney, wasn’t he?”
“I believe so, yes.”
“In fact,” Marc continued, “he was Aaron Forsberg’s lawyer when Forsberg was sent to prison with the use of a flawed DNA test wasn’t he?”
“Yes,” Jefferson answered.
There was a noticeable stirring throughout the courtroom including the jury with this news. Harris was desperately trying to find something to object to but at this point it would not have mattered.
Judge Koch lightly rapped her gavel twice, looked over the crowd and sternly said, “Settle down. I won’t have any disturbances during this trial. Will the lawyers please come forward?” she added when the quiet resumed.
“Mr. Kadella, is this a good time for the lunch break? I have a couple calls to make on other cases,” she whispered when the three lawyers reached the bench.
“Certainly, your honor,” Marc replied. He was inwardly delighted with the request. Let the jury go to lunch with the news about Segal and Forsberg. Let them think about it for over an hour and really sink in.
As the three men walked back to their tables, Koch gaveled and announced the lunch break.
While the courtroom was emptying for the lunch break, Marc, Howie and Father John went into the small conference room. The priest and Howie took seats at the table. Marc was a little stiff from sitting all morning. Add to that the stress of focusing on his exam of Jefferson and his lower back was a little sore. Instead of taking a seat he preferred to stand and stretch.
“I thought you did really well with that detective,” Howie said.
“I agree,” Father John chimed in.
“We scored some points. We’re lucky the prosecution changed lawyers. Steve Gondeck would have known to go over all that in his direct-examination of Jefferson. He would have brought it all out himself and taken most of its effectiveness away from me. Fortunately, Harris isn’t that good.”
“Now what?” Howie asked.
“You go back and get some lunch,” Marc said. Not wanting to spend the lunch break with the priest. Marc said, “I’ll go find a place to work on this afternoon’s testimony and see you back here at one.”
“I have to go back to the church for a while, Howard,” Father John said. “But I’ll be back later.”
“Your seat is reserved,” Marc reminded him. “You can come and go as you please. It will be there for you.”
FIFTY-THREE
“Detective Jefferson, we left off before the lunch break with the death of Julian Segal, do you remember that?”
Jefferson answered the question affirmatively then Marc started in on the next victim, Elliot Sanders. Tommy Harris and Jefferson had thoroughly testified about Sanders and his ties to Howie Traynor.
Marc went slowly asking very short, specific questions the answer to each being obvious and self-evident. He asked individual yes and no questions concerning the lack of any physical evidence or witnesses that could tie the murder of Elliot Sanders to Howie Traynor. Marc also made Jefferson admit Howie Traynor was under round-the-clock surveillance by the MPD at the time of the Sanders murder.
In the end, Jefferson was forced to admit the only thing they had was motive. Elliot Sanders had been the foreman of the jury that convicted Howie Traynor for the death of Lucille Benson.
Marc finished this line of questioning and paused. He stared at Jefferson for almost a half a minute, absolute silence in the courtroom. Having obtained the admission about a lack of evidence of Sander’s death, he probably should have moved on. Instead, he silently weighed the consequences of breaking the cardinal rule of courtroom examination of a witness: never ask a question you don’t know the answer to.
“Mr. Kadella, do you have any further questions of this witness?” Judge Koch finally asked him.
“Yes, your Honor. Detective Jefferson isn’t it true when you discovered the connection between Elliot Sanders and Howard Traynor, that was the precise moment you made up your mind that Howard Traynor was the so-called Crown of Thornes Killer?”
Owen Jefferson almost imperceptibly flinched at the question. What was flashing through his mind at that moment was the question of how Marc could possibly know that. Jefferson hesitated wondering how he should answer.
Sensing Jefferson’s dilemma, Marc quickly said, “You’re under oath detective. Please answer.”
“Yes, it was,” Jefferson admitted.
A slight rustling sound went through the gallery while the crowd slightly stirred wondering why this might be significant. Many of them turned their heads from side-to-side looking at each other for an answer.
“Isn’t it true that you discussed this conclusion you reached, your belief that Howard Traynor was the Crown of Thornes Killer, with other members of the police department?”
“Yes, a few,” Jefferson admitted.
“The next victim, a lawyer by the name of Cara Meyers, was found murdered and posed in her condo building’s parking lot, was she not?”
“Yes.”
“And on her body the M.E. found a single strand of hair that was not one of Cara Meyer’s hairs, correct?”
“Yes.”
“Subsequent DNA testing matched that single hair to Howard Traynor, isn’t that true?”
“Objection,” Harris said. “The witness was not allowed to testify about the DNA on direct-exam, your Honor.”
Koch thought it over for a moment then looked at Jefferson and said, “If you know.”
“Yes, that was the result that was reported,” Jefferson agreed.
“To your knowledge, was Howard Traynor ever represented by Cara Meyers?”
“Not that we were able to find.”
“To your knowledge, did Howard Traynor and Cara Meyers ever even meet?”
“Not that I am aware of.”
“Detective Jefferson, is it possible that the single strand of hair found on the body of Cara Meyers was planted to provide evidence against Howard Traynor?”
“Yes,” Jefferson shrugged then looked at the jury and said, “anything is possible.”
“When you received the DNA report from the crime lab, you were now convinced Howie Traynor was the Crown of Thornes Killer, were you not?”
“I suppose so, yes.”
“And you discussed this with other members of the police, didn’t you?”
“Yes,” he admitted again.
“Did you tell your boss Selena Kane?”
“Yes, I’m sure I did.”
“Did Lieutenant Kane have semi-regular meetings with the police chief and mayor about the case and the progress of your investigation?”
“Yes, she did.”
“Who did the mayor and ch
ief talk to about these things?”
“I do not know if they talked to anyone,” Jefferson answered.
“Who else did your immediate superior, Selena Kane talk to?”
“I wouldn’t know,” Jefferson said.
“And who else did any of the people that the mayor, the chief and Lieutenant Kane talk to tell about the things they were told…”
“Objection,” Harris said.
“For all you know, dozens if not hundreds of people may have known about these things,” Marc continued ignoring Harris’ objection.
“Sustained, Mr. Kadella,” Koch ruled clearly annoyed. “Move along.”
Marc turned his attention to the final victim, Jimmy Oliver. The relationship between Oliver and Traynor had been thoroughly disclosed to the jury during Jefferson’s direct-examination. Rather than rehash all of that in its entirety, Marc restated a few points to reestablish it in the minds of the jurors and then moved on.
“A short while after his release from prison, Howard Traynor stopped in at the bar where Mr. Oliver worked, did he not?”
“Yes,” Jefferson admitted. Jefferson had warned Harris that Marc probably knew this but Harris did not believe the detective and chose to ignore the possibility. He foolishly failed to realize that Howie Traynor himself could tell Marc all about this meeting. Now Marc could bring it out the way he wanted to.
“In fact, Mr. Traynor was under surveillance, by Anthony Carvelli at that time?”
“Yes, that’s true.”
“Isn’t it true Mr. Carvelli told you that this happened and urged you to talk to Jimmy Oliver and find out what they talked about?”
“Yes, he did.”
“Did you question Jimmy Oliver about this meeting?”
“Yes, I did.”
“And what did he tell you?” This was an open-ended question in that it allowed Jefferson to narrate. Howie had told Marc exactly what happened so Marc knew what was coming.
“Objection, hearsay,” Harris said rising from his chair.
“Overruled,” Koch said before Marc could respond.
“Jimmy Oliver told me they had a nice talk, that Howie Traynor had converted to Catholicism and he forgave Jimmy for testifying against him for the murder of Lucille Benson.”
“Did Jimmy Oliver appear to believe him?”
“Yes, he did.”
Marc was a little tempted to go into greater detail about Jimmy Oliver being convinced Howie meant him no harm. It can be a trap lawyers sometimes cannot resist. Marc had obtained the admission he wanted that Jimmy believed Howie was sincere. He could now use that in his closing argument. To try to dig further could blow up in his face. Get what you need, shut up and move on.
“You testified earlier that three more single strands of hair were found on the body of Jimmy Oliver, is that correct?”
“Yes.”
“Did you receive the DNA report on those hairs and did they match Howie Traynor’s DNA?”
“Yes.”
“Detective, is it possible that those three hairs were planted on Jimmy Oliver’s body?”
Jefferson visibly squirmed a bit in the chair before admitting again, that it was possible.
Marc asked for and received permission to approach the witness. He stood, walked up to the detective and handed him a single sheet of paper.
Without returning to his seat Marc moved a respectful distance away from Jefferson and stood in front of the jury box.
“Detective Jefferson, I have given you a single sheet of paper marked Defense Exhibit Ten.” This was said to be clear for the court reporter’s record that Marc handed the witness something and exactly what it was. “Do you recognize it?”
“Yes.”
“Tell the jury what it is please?”
“It’s a page from a surveillance team log. It’s the one from the night of Jimmy Oliver’s murder.”
“Jimmy Oliver was murdered sometime between 11:00 P.M. when he went outside for a smoke break and 11:45 when his boss found his body in the alley, is that correct?”
“Yes,” Jefferson agreed.
“Read to the jury the highlighted entry made in the surveillance record you are holding, please.”
Jefferson looked at the paper then toward Harris hoping for a reprieve. When he did not receive one he read out loud the entry Marc referred to.
“12:17 A.M. per orders from Lieutenant Schiller, Lenoir and I knocked on subject’s door. Subject answered and appeared to have been asleep. Initialed by Natalie Musgrove,” Jefferson said.
“Isn’t it true that this is the surveillance team at Howie Traynor’s apartment on the night of Oliver’s murder and they went up to his apartment, knocked on his door and found him home and appeared to have awakened him?”
“Yes,” Jefferson admitted.
This testimony caused enough of a stir to elicit a banging of her gavel and another warning from Judge Koch.
“Later you walked from the crime scene to Howard Traynor’s apartment and determined it was possible he could have committed the murder then made it home in time to be there when Officers Musgrove and Lenoir knocked on his door and find him asleep. It was possible for him to have done that, is that correct?”
“Yes, that’s correct.”
He then moved on to question Jefferson about the search of Traynor’s apartment.
“While the CSU team was searching the apartment, you were basically observing, is that correct?”
“Yes, that’s true.”
“After a few minutes you walked down the hallway and found the door to the unlocked janitor’s closet?”
“Yes, I did.”
“You then went inside and discovered the stairs leading up to the roof?”
“Yes.”
“You went up on the roof, wandered around for a few minutes then found state’s Exhibit A, the wooden boards nailed together,” Marc said as he walked to the exhibit table and placed a hand on the boards. “Is that correct?”
“Yes,” Jefferson said.
“Mr. Kadella, return to your seat please,” Koch politely told him.
Marc sat back down before asking the next question.
“You then brought a CSU team member up on the roof with you and between the two of you, you determined that it was possible for someone to use State’s Exhibit A to cross over to the next building, isn’t that true?”
“Yes, we did,” Jefferson said.
“It’s possible,” Marc repeated.
“Yes.”
“Madeline Rivers told you to look in that janitor’s closet and up on the roof, didn’t she?”
The abruptness of this question caught Jefferson completely off guard. He hesitated long enough for everyone in the courtroom to believe the answer was yes.
“Yes, she did,” Jefferson admitted.
“Did she go into that building at your request?”
“No, she did not,” Jefferson almost defiantly answered.
The audience and jury noticeably stirred again only this time Judge Koch ignored them. A moment later the room returned to absolute silence while Marc considered his next move.
“While you were on the roof discovering State’s Exhibit A, Howard Traynor’s possible means of escape so you claim, a discovery was made in Mr. Traynor’s bedroom, is that true? State’s Exhibits B, C and D were found between the mattress and box spring of the bed, correct?”
“Yes,” Jefferson admitted.
“The coil of barbed wire, the wire cutters and leather gloves. There was DNA from Howard Traynor found inside the gloves, is that true?”
“Yes, there was.”
“Was there anything found on the other objects? Any DNA or fingerprints or fibers or any physical evidence of any kind tying them to Howard Traynor?”
“You mean other than the fact that they were found in his bed?”
“Yes, Detective,” Marc said while the audience chuckled at his mistake.
“No, there was not.”
“Did Father John B
rinkley tell you anything about the gloves?” By this time the priest was again in attendance and seated in the front row directly behind Marc.
“Objection, hearsay,” Harris said.
“Your Honor, I can put him on the stand if need be,” Marc said pointing a finger at the priest.
“Overruled,” Koch said.
“Yes, he did.”
“He told you Howie Traynor had reported the gloves missing from the church where both Father Brinkley and Howard Traynor worked. He also told you he gave Howard Traynor money to buy a new pair, didn’t he?”
“Yes, he did.”
“Detective Jefferson, based on your experience as a homicide investigator, would you say that a person being killed by having their throat slit open from ear-to-ear would cause considerable blood loss and spraying from the wound?”
“Yes, and all of these victims did.”
Jefferson’s embellished answer was technically nonresponsive. Marc let it go because it actually helped make the point he was after.
“During the search of Mr. Traynor’s apartment, were there any items of clothing found with blood spatter on them?”
“Um, no, there were not,” Jefferson admitted.
“Any items of any kind?”
“No.”
“How about a knife? Was a knife ever found that matched the wounds of the victims?”
“No, it was not found.”
“How about the knife found on the body of Eugene Parlow, another one of your suspects when he was found murdered in an alley? Was that knife tested to see if it matched any of the victims’ wounds”
This was the first time Parlow’s death had been mentioned. Most of the people in attendance, including all of the jurors, did not know about this except for a few of the media people. Marc’s statement created a significant stir in the courtroom. Judge Koch hammered her gavel several times and it still took almost two minutes to get everyone settled down.
“Um, I’m, ah, not sure if that knife would match the victim’s wounds.”
“How about…” Marc began then caught himself. “Withdrawn. We’ll come back to Mr. Parlow later. Was any physical evidence, hair, fibers, blood, DNA from any source other than Mr. Traynor found in Howie Traynor’s apartment?”
“He must have been very careful,” Jefferson blurted out.
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 172