by Freya Atwood
“OK, OK. No need for flippancy. Objection sustained. Counselor, I will not tell you again. Stick to the facts and do not try to lead your witness.”
It didn’t matter. The suspicion had been voiced and even if it were stricken from the record it would hopefully remain in the minds of the jurors.
“No further questions, Your Honor.”
“Does the prosecution wish to cross examine?”
“No, Your Honor.”
We were one step closer. I had one more witness to call. I wasn’t going to ask Hunter to take the stand. By his own admission, he could not remember much of that evening. He would be expected to testify that he had entered the building after the gun shots. That he had picked up the gun and then dropped it when confronted by police. That they had forced him to fire it in order to put residue on his hands.
It would be his word against the prosecution and I couldn’t rely on his mental state under cross examination. He had lost control once. I couldn’t risk it again. I had intended to call Mrs. Khan but thought better of it. My instinct was to put her on the stand and try and trip her into incriminating herself. It was an instinct I had to suppress. I wasn’t the prosecutor and Jasmine Khan was not on trial.
That meant I had one more witness to ensure that the sufficient doubt was cast. I was beginning to feel hopeful.
Chapter 44
My final witness was the police officer the prosecution had declined to call, Officer Ditzarella. I knew there was a reason Halden hadn’t called him. At least I believed there was. Something about this officer worried her. Something about what he might say? Unlikely, since he was a veteran, he knew how to conduct himself in court. Something about him personally?
Ditzarella had thick, dark hair and large eyebrows. His nose was large, dominating his face.
“Officer Ditzarella. You submitted a sworn statement as evidence concerning the night of Dr. Khan’s murder. In it you state that you and your partner, Officer Waters, responding to a 911 call from Mike Kellag, arrived at the intersection of Duke and Vale and upon entering inside the building found Hunter Watson standing over the body of Adil Khan. Correct?”
“Yes, that’s correct.”
“And then he pointed the gun at you and your partner?”
“He fired the weapon at us. Discharged it twice.”
“So you say in your statement. How much time elapsed between you entering the building and Hunter Watson firing at you?”
“I don’t know. About thirty seconds, I guess.” Ditzarella smirked.
“That’s not what your statement says.”
“I don’t recall stating exactly how much time elapsed, ma’am. I just said we arrived and he fired at us.”
“The implication of your statement is that it happened immediately upon the two of you entering. I quote…” I walked to my table, picking up the written statement Ditzarella had provided. “We went in and saw the man later identified as Hunter Watson standing over the body of the man later identified to be Adil Khan. Hunter Watson had a gun in his hand. We saw this and immediately took cover. He fired two shots, neither of which hit us. He then surrendered his weapon. To me that reads as though Hunter fired at you almost immediately.”
“That wasn’t my intention. If that’s the meaning you’re reading into it, that’s on you.”
I changed tack. “Officer Ditzarella, do you know Mike Kellag?”
“Yeah, he used to be a cop. We were buddies.”
“And do you know Marc Gillette?”
Ditzarella narrowed his eyes. “I know a lot of people. Can’t remember the names of everyone I meet.”
“Marc Gillette was a cop.”
“So?”
“So, do you know him?” I snapped.
“Maybe.”
I strode to my table, plucked a picture from a file, and strode back putting it down in front of Ditzarella.
“That’s a picture of you and your partner at a police social function. The man with blond hair pictured here is Marc Gillette. The man is standing right beside you. His wife is behind you. Do you know him?”
“Oh him, yeah. I forgot. Memory ain’t what it used to be. So what?”
“So, the eyewitness that claims he saw Hunter Watson enter the building before the shots were fired is a friend of yours. Also a friend of yours is Dr. Khan’s brother in law, Marc Gillette. His wife is Aysha Gillette, Adil Khan’s sister. Quite a coincidence, you having this connection to the family and the eyewitness, isn’t it?”
“Counselor.” Green interjected warningly. “You appear to be drifting back into the role of a prosecutor, which I warned you not to do.”
“Your Honor. It is crucial for the jury to understand these connections. It is clear that the prosecution will not highlight them for the sake of transparency.”
“Very well. You have established that these people knew each other. There is no further inference to be drawn, however. If you have evidence of criminal conspiracy, then present it. Do you have such evidence?”
I concealed gritted teeth behind a tight mouth. “No, Your Honor.”
“Do you have any further questions for this witness?”
“Yes, one more.”
“Proceed. With care.”
I took up a pen from my table. It was a special pen with a red laser pointer in the end. I switched it on and held it out to Hunter. “Take this for me. Hold it until I tell you what I want you to do.” I told him quietly.
Then I turned back to Ditzarella. “Officer Ditzarella, observe the distance between you and Hunter right now. Is that further or nearer than the distance that separated you at the murder scene? Or is it about the same?”
Ditzarella squinted, thick eyebrows drawing down. “Probably a bit closer.”
“Good. Hunter, could you point the laser at Officer Ditzarella please? Take care to avoid his eyes.”
Hunter raised the laser pointer. The dot was clearly visible. It wavered and jumped around the general area of the witness box without ever coming close to the occupant. Hunter gritted his teeth, taking hold of his wrist with his other hand and clearly trying to hold it still. But both of his hands shook and the pointer wavered wildly. After watching the jurors follow the crazy red dot, like cats, I gently took the pen from Hunter and switched it off.
“Please note that Hunter is currently in a state of withdrawal. That’s what makes his hands shake. He was in withdrawal on the night of Adil Khan’s death as well. Officer Ditzarella is sitting quite still, in a well-lit room. Adil Khan was moving and had just switched on the light in a previously pitch dark room. No further questions, Your Honor. The defense rests.”
The afternoon sky was becoming burnished gold by the time DA Halden stood for the final time, for her final summation. She approached the jury.
“Ladies and gentleman of the jury. This case is a straightforward one. You have heard a lot of speculation from the defense about the time interval between police officers entering the building and shots being fired, and what this might signify. The friendships between police officers and former police officers, and the possible significance of this. We have heard possible alternative interpretations of a threat to kill uttered by the accused. Not denied, just presented in a different, hypothetical way. This case is not about speculation. It is about facts. No one can deny that Hunter Watson was found standing over the body of Dr. Adil Khan. No one can deny that there was residue on his hands consistent with having fired a gun recently. No one can deny that he held the very weapon that had killed Dr. Khan. Equally, no-one can deny that he was and is a drug addict. That he attacked Dr. Khan and threatened to kill. These are the facts of this case. I expect your decision to be based on those facts. You cannot base it on speculation. Only on evidence. I am confident that the evidence allows for no alternative explanation other than Hunter Watson is guilty of murder. Thank you for your attention.”
She smoothly inclined her head to the jury and walked back to her seat. I waited for her to seat herself before standi
ng and addressing the jury myself.
“There are some facts glossed over by the prosecution. They have an eyewitness who has been shown to be in error. He could not see Hunter Watson enter the building. Yes, we know Hunter did go in. But only the testimony of Mike Kellag puts him there before the shots were fired. We now know for a fact that Mike Kellag could not possibly know for a fact when Hunter went in. Only that he lost sight of him when he was obscured by the truck. This casts doubt on his evidence. We now know for a fact that there was an interval between the police officers entering the building and shots being fired. Shots heard by the manager of the bar across the street. The police have not accounted for this time lag in their sworn statements. What was happening in the thirty seconds between the officers entering and the further shots being heard? Hunter Watson says that in this time they forced the gun he had dropped, back into his hand and forced him to fire it. Whilst this cannot be proven, it does cast doubt on the testimony of those officers. We know for a fact that Mike Kellag, Marc Gillette and Officer Ditzarella all knew each other. We cannot prove that this relationship influenced their statements. But it does cast doubt.”
I paused, letting the words settle in the jury’s mind. I stood before them, picking out each one by one, making eye contact and holding it for each of the twelve, making them feel the weight of the responsibility on them.
“We know for a fact that the room into which Hunter Watson stepped was dark and filled with boxes. And yet we are expected to believe that Hunter negotiated these obstacles in silence to reach the perfect ambush point. That he did this in near total darkness and in no more than a minute. He then, in just a few seconds, saw, tracked and hit Adil Khan with the single shot that killed him. Despite suffering withdrawal symptoms from the drugs to which he is addicted. Despite the loss of motor control these withdrawal symptoms bring. We cannot prove that he didn’t do this. But there is a reasonable doubt. That fact above all else casts doubt. And as a result of these many reasonable doubts you have no alternative but to find Hunter Watson not guilty. Thank you.”
I stepped back, casting my eyes over the jury one more time. There was nothing else to be done. I had played my hand and it was all now in the hands of the jury. I took my seat next to Hunter. He had tears in his eyes though he tried to hide it. I put a comforting hand on his shoulder.
The jury took seventeen hours to reach their verdict. The court reassembled the next day. The forewoman stood after the jury had taken their seats. Her graying hair was cut in a neat bob that curved in around her jawline. She had a pair of bi-focal glasses and held the decision on a piece of paper, cradled in her hands like a votive offering.
We stood and I took Hunter’s hand, squeezing it. I felt Nic take mine. We stood united, heads held high as the verdict was read.
Not Guilty.
“No! He murdered my husband! This is a travesty!” It was a female voice coming from the public gallery and it belonged to Jasmine Khan.
I was taken by surprise. She hadn’t been in attendance previously and I didn’t know she was here today. I should have expected it. I turned, along with everyone else in the room.
Jasmine Khan was tall, slim and elegantly dressed with olive skin and delicate features. Her hair was long and silky. Those pretty features were now contorted with rage. Her sister and a man I recognized as Marc Gillette were both trying to restrain her.
“Order in the court!” Greene raised his voice about the tumult. “I will have order!”
Jasmine shook off her sister and brother-in-law, her long hair flying wildly about her face.
“Let me go! I’m leaving.” She pointed to me. “I know what you were implying. I’ve been told. You think I murdered my husband!”
I looked at her for a moment, seeing past the bluster. This was a spoiled rich girl who had probably never been denied anything in her life. She thought Hunter Watson was certain to be convicted. There was something about her anger that was just off.
“It’s not for me to say. Hunter didn’t do it. Someone else did.”
I looked over at Halden who was also watching Jasmine Khan.
“I didn’t! I didn’t!” Jasmine bawled before stalking out, her departure underscored by Judge Greene’s gavel and calls for order.
Chapter 45
After Jasmine Khan’s abrupt outburst, Hunter had wavered where he stood. Then his knees had given way. He sat heavily, head dropping to his chest. Tears flowed freely. Nic laughed, throwing her head back, then grabbed me in an enthusiastic bear hug. Halden stared down, hands gripping the edge of the table. She didn’t look at me, didn’t offer congratulations. I let it wash over me.
Eventually, I was able to accompany Hunter out of the courthouse. We stopped in the atrium, once again full of reporters. Hunter did not want to speak, he flinched away from the cameras. I stepped up.
“Justice has been done. Hunter Watson was innocent of this crime. We maintain that an attempt was made to frame an innocent man. That police officers used their connections to encourage a witness to lie and that they themselves lied about Hunter’s actions. We expect a full investigation into these officers by the Everwood Police Department’s Internal Affairs bureau. I would also remind everyone that this acquittal means there is, and always has been, a killer out there. We have our own beliefs about who that might have been but I will not speculate. We will of course cooperate fully with the police in their ongoing murder investigation. We are confident the real killer will be brought to justice.”
A wave of noise assaulted us as questions were shouted. I ignored them. Taking Hunter’s arm I drew him on, flanked by Nic and by police officers. We made our way out of the courthouse. Outside his family awaited him. He almost collapsed into the arms of his sister. I slipped away down the ramp towards my car, not wanting any more media attention on me.
After saying goodbye to Nic, I sat in my car, an unlit cigarette in my mouth. Coming to a decision, I threw it out of the window. No more. I’m taking back control of my life. I started the car. Then I saw a familiar, slouching figure hurrying across the parking lot. Franco waved to get my attention and then slowed to a walk until he reached the car. Without asking, he opened the passenger door and got in.
He had the stub of a cigarette at the corner of his mouth and he flicked it away as he got in.
“Glad I caught you. Congratulations.”
“Thank you. Were you in court?”
“Not today. But I have looked in on you. For what it’s worth I think you were right. The prosecution’s case was full of holes and there’s a whole mess of corruption going on in the EPD.”
“Another cop said something similar to me.”
“Yeah, well there’s a reason I ain’t got a partner. But that’s not why I’m here.”
“I’m listening.”
“So, I spoke to your son. Very in control young man if you don’t mind my saying it.”
“Thank you.”
“Yeah. So, he takes me to a place over on the south side of town. Says his father had shacked up there. It was a derelict motel out on Rural 5. Condemned years ago but the developers went out of business and the city won’t put up the money for demolition. Says his Dad told him to go there and he’d met him there a few times. He also said it’s where he had his…um…showdown. Drove the old man out of town. You believe him?”
He had been rambling along, as though chatting casually but his question had razor sharp edges. He was looking at me for a reaction. I considered my response carefully.
“I’m not sure. Bryan doesn’t lie. But I don’t think he has it in him to frighten Tommy.”
Franco nodded, gazing out of the windshield. “I’m inclined to agree after looking through DeLuca’s rap sheet. He’s a violent man and his prison psych evaluation from San Quentin will give you nightmares. Dangerous man. Very dangerous. You were right to walk away from him.”
I found myself becoming impatient and had to quell the emotion. I was sure that Franco was manipulating me, trying
to produce a reaction. I wasn’t inclined to give it.
“So, are you looking for Tommy DeLuca?”
“Well, given that there’s no evidence of a body. Yeah. We are.”
“As a missing persons case?”
“Potentially. Also potentially a murder case. You remember our pregnant female? We found traces of the same blood in the motel room that DeLuca was using as his base. And some hair. It had been deliberately cut. And tied with a piece of elastic which we think was taken from a piece of female underwear. I think it was a trophy. So, I’m looking for a missing woman and thinking DeLuca killed her. So that’s what I’m doing. But you’ll be glad to know I won’t be bothering you anymore.”