by Joe Conlan
Daniel always felt he would be a household name some day. He never imagined it would be in this fashion. As he was seated in his chair beside his attorney, the Deputy Marshall removed his handcuffs. Daniel had a short conversation with Shipman who explained the motions he would be presenting to the court that morning. Shortly afterwards, the Court Deputy made the announcement that court was now in session and Judge Clarence Jackson entered the room through his private door. He greeted the court personnel then made a short announcement concerning courtroom decorum. As the first order of business, the judge would hear pre-trial motions. Opening statements were scheduled to begin later in the morning.
It was the judge’s responsibility to make decisions concerning questions of law while the jurors were the finders of fact. As a result, the panel would not be present for the morning’s arguments dealing exclusively with legal issues. After taking care of some preliminary matters with the court clerk, Judge Jackson asked the attorneys to make their pretrial motions. Mostly for the benefit of the cameras, Alan Shipman renewed his motion that was previously argued and denied, to have the trial transferred from the State of Florida. He contended his client could not get a fair and impartial trial in this state due to the extensive and slanted media coverage that already tried and convicted him. Once again the judge denied his motion.
For the next hour, the lawyers addressed various, clerical concerns dealing mostly with procedural housekeeping. When the last motion was heard, the judge announced a five minute break after which he would call in the jurors and begin opening statements. The jurors entered the room fifteen minutes later. Daniel attempted to make eye contact with each and every one as his lawyer instructed him. It wouldn’t be a good message to send if he avoided their gaze. In the end, not one juror held their look toward him for more than a split second.
Pursuant to the Federal Rules of Civil Procedure, the prosecutor presented his opening statement first. The defense attorney had the option to follow the State immediately or wait until they rested their case. Daniel listened intently as the United States attorney methodically set forth what he purported the evidence would demonstrate. As he skillfully recounted the gruesome story of the triple homicide, the jury hung on his words, leaning forward in their seats, their eyes following every move he made. His articulate and eloquent recitation of each and every item of proof that linked Daniel to the crime combined with the total lack of evidence that Isaac Jefferson was a passenger on the cruise ship was more than compelling. By the time he completed his statement, an eerie hush settled over the courtroom sending a chill up Daniel’s spine. It was going to be a hard act to follow.
Alan Shipman decided he would not defer his opening statement until the prosecution rested its case. He couldn’t risk allowing the existing mood to prevail. As he began the account of his perspective of what the evidence would show, eight of the twelve jurors and two alternates crossed their arms over their chests. Daniel knew from his vast experience with jury trials this was a typical expression of disapproval and refusal to be open or receptive. He tried to remain optimistic, though already all signs were pointing toward a long and difficult trial. Shipman introduced the defense’s theory that a known serial killer was aboard the ship and committed the murders. Unfortunately for the defense, the only evidence he could cite in support of his position was the testimony Daniel would offer when he took the stand.
Shipman hammered on the fact that Daniel was a model citizen from a very young age concentrating on his impressive academic career, his results as a law enforcement officer and his expected rise to the top of the Federal Bureau of Investigations. He emphasized the inconsistency between his client’s lack of history with narcotics and the fact he was drugged to the point of incoherency at the time of the murders. The suspicious nature of the Terry Smithson disappearance and the convenient mishap with the ship’s surveillance system was described in detail. The final point Shipman stressed was the cabin steward’s expected testimony that he was under the impression for most of the duration of the cruise 9-476 was occupied. When he was through with his statement, he succeeded in uncrossing the arms of two jurors. One small step at a time, thought Daniel. Perhaps there was still a chance he could convince these people he was an innocent man.
The opening statements lasted for over two hours. The judge felt it was a perfect time to break for lunch and adjourned the proceedings until 1:30 that afternoon. He admonished the jurors to not talk about the case amongst themselves or anyone else. Normally, he would restrict them from speaking at all with any of the participants of the trial. However, since he already ordered that they be sequestered, the warning was unnecessary. Once the jurors left the room, the judge dismissed the attorneys and remainder of the court staff. Daniel was placed back in handcuffs and lead to a holding cell, where he would enjoy a peanut butter sandwich and a dry unidentifiable cookie for lunch.
When court resumed, the United States called their first witness to the stand, Special Agent Robert Leland. Daniel watched and listened as one of his closest colleagues for more than five years offered testimony in support of the prosecution’s case for the remainder of the afternoon. Through Agent Leland, Norman Dallas introduced into evidence the videotape Leland found at the Tyler home, the photographs of Daniel having sex with Annie taken from the Falcone condominium and the bag of heroin discovered in the defendant’s studio apartment. Understanding how prejudicial and harmful they could be to his client’s case, Shipman objected vehemently to the introduction of the videotape and photographs. He argued that a legal chain of possession was not established in violation of the longstanding rule of criminal procedure to protect the authenticity of evidence. The prosecution couldn’t even produce the individuals who created the images much less provide a clear picture of whose hands they had passed through since. The objections were overruled temporarily, the judge allowing Dallas’ request to call an expert witness later in the trial to confirm there was no tampering. If necessary, he was also prepared to have one of the Tyler’s neighbors who witnessed the incident testify that the events that took place on the recording were accurate. The judge ruled he would have to wait until those witnesses offered their testimony before he allowed the tape and photographs to be published to the jury.
In a way, Daniel understood Leland was doing his job. What hurt the most was Leland’s actual enthusiasm about offering evidence that could send Daniel to the gas chamber. He seemed to be enjoying the experience. Daniel had to restrain himself from jumping out of his seat when Leland commented that just before the murders Daniel was acting bizarre at work to the point Leland wondered if he was using drugs. Daniel was sure that even these 15 strangers on the jury would agree that anyone who had been in his shoes would have behaved the same way. He had committed a major fuck-up and lost his family as a result. He always knew Leland wasn’t happy when he was passed over for Assistant Special Agent in Charge and couldn’t have been any more pleased when Daniel was appointed to his current position. Evidently, the emotions Leland experienced were deeper than Daniel ever imagined.
Throughout Leland’s time on the stand, Daniel did his best to stifle his growing anger and not react to his former friend’s testimony. His lawyer advised him that any demonstration of negative emotion could adversely affect the jury’s opinion of him and have devastating results. He hoped he was maintaining an even keel and that his true feelings were not showing on the outside. It wasn’t easy. Leland’s bitterness was obviously influencing his assessment of the case.
Dallas had saved Leland’s most impactful testimony for last. It also had the effect of creating the most intense emotions of anger and frustration Daniel had experienced up to that point. Daniel’s blackberry along with a blow-up copy of the text message and photograph of Damien Drysdale were admitted into evidence with Leland’s obvious seal of approval. As if giving no consideration to the fact he was testifying about a close colleague rather than a dangerous criminal, Leland accused Daniel of fabricating the entire Isaac
Jefferson story. At the termination of his testimony, Daniel had to use every ounce of his self-control to refrain from strangling the man as he passed by the defense table on his way out of the courtroom.
Over the next several days, the agents that assisted Leland in the investigation took the witness stand to recount their observations on the cruise ship and interviews with the passengers. Not one of them greeted Daniel with a nod of the head or even looked in his direction. Surely, the jury would notice their attitude toward him. Again, he understood they were just doing their job, but couldn’t help feeling wounded by their behavior. These were men he would have trusted with his life. He was especially hurt when the FBI’s blood spatter expert, Christopher Frye took the stand.
Of all the people with whom Daniel worked, Frye had to be his favorite and closest friend. Like Daniel, he was one of the hardest workers in the North Miami field office. Many nights, they were the only two agents moonlighting until late into the evening. They shared countless cups of coffee and intimate stories about their lives. The proof Frye offered was devastating to Daniel’s case. Frye had studied blood spatter patterns over his career with the FBI and often travelled the country to give seminars about the subject to other law enforcement officers. He offered specific and complex proof based on the position of the bodies and the manner in which they were slaughtered. The blood patterns on Daniel’s pants, shirt, socks and shoes were exactly what he would expect to appear on the clothes of the murderer. Despite the disastrous effect his testimony had on Daniel’s chances, it was Frye’s refusal to look at him that injured him the most.
There wasn’t much Daniel’s talented defense attorney could do during cross-examination to attack the physical evidence and the expert opinions, the most damaging proof being presented by the FBI agents. Not having much to work with other than Daniel’s impeccable reputation, Alan Shipman persuaded each of them to admit Daniel was a model law enforcement officer who typically went above and beyond the call of duty. Through a series of artfully crafted questions, Shipman cornered them into acknowledging that drug use and triple homicide were a complete contradiction to what they would expect from a man of Daniel’s character.
When the chief investigating agents completed their testimony, Dallas began the process of building the mountain of scientific evidence under which he expected to bury the defendant and lay him to rest. His only concern was finding a way to make the subject matter interesting enough to keep the jurors awake. It was estimated this portion of the trial would take almost a week to complete. The testimony they offered would be the most tedious of the trial. In order to admit DNA testing into evidence, the Rules of Criminal Procedure required that the prosecution lay a proper foundation. The lab technicians were responsible to provide detailed testimony concerning the step by step process followed in performing a DNA analysis. This usually involved the use of many technical terms that necessitated lengthy, scientific explanations. It was during this phase of the trial that jurors and spectators alike usually became aware that the judicial system wasn’t as exciting and dramatic as was portrayed on television or the big screen.
Throughout the several days his former forensics team testified about their findings for the various tests they performed, Daniel willed himself to stay positive and interested. Any demonstration of defeat in his manner or expression would be just as destructive as losing his temper. As each of the technicians performing the various laboratory tests described the procedures they followed, Daniel maintained a confident and erect posture with a look of unyielding concentration and purpose on his face.
Special Agent Frank Jimenez was the last witness to testify on behalf of the ERT. It was his job to summarize the results of the more significant tests performed. He explained that the only fingerprints found on the murder weapons were those belonging to the defendant and the ship officer who removed them from his possession. With regard to the DNA testing of the semen found at the crime scene, not only did it match Daniel’s DNA, the autopsy results revealed he ejaculated inside of her minutes before she was murdered. Finally and probably most devastatingly, he described to the jurors and the millions of television viewers that no DNA evidence was found that would demonstrate that the serial murderer known as Damien Drysdale was ever in the Falcone suite or any other part of the ship for that matter.
To inject the horror of the murders back into the courtroom atmosphere after days of sleep-inducing, monotonous testimony, the prosecutor decided to call the FBI’s photographer and the Chief Medical Examiner of Broward County. Through these witnesses, he introduced the gruesome photographs of the victims both at the scene and on the autopsy table. The medical examiner gave a grisly, detailed explanation of how the killings occurred and the cause of death of each victim. Most of the jurors could barely stand to look at the images for more than a few brief seconds. Heavy gasps, stifled squeals, outraged and repulsed expressions were some of the more predominant reactions. Every juror cried.
Exercising the adroitness of a seasoned story teller, Dallas brought the tension down a level by calling the expert in the field of photography he promised to produce earlier in the trial. The witness had an extensive and impressive resume establishing his proficiency in the field of cameras and film processing. He was an engineer who worked for the Kodak company practically since its inception, at times acting as a consultant in the film industry in Hollywood. He was a guru of special effects and the use of trick photography. When Dallas completed the presentation of the witness’ credentials, Alan Shipman was well aware it was the prosecutor’s intention to use this witness to introduce into evidence the videotape found at the Tyler home and the pictures of Daniel and Annie having sex. He stood up and reiterated his fervent objection to the lack of a chain of evidence. The judge decided to authorize the testimony, citing the witness’ unimpeachable qualifications. The expert described his examination of the videotape and photographs stating in no uncertain terms that he found no tampering whatsoever. Based on this testimony, the judge granted the United States attorney’s motion to show the incriminating images to the jury relieving the need to call the Tylers’ neighbor. With the infusion of Daniel’s motive to kill and perhaps a fair amount of anger toward him, Dallas’ roller coaster was due to climb to its apex.
In order to get the degree of tension back up to a fever pitch, Norman Dallas saved the most emotive and affecting evidence for the closing phase of the prosecution’s case. In the final days before he rested, he called Co Chi Cuyengkeng to relate to the jury his observations on the night of the murders. He was followed by Lee Andicoy, Security Chief Ted Hauser, Security Officer Brett Gerhardt, Lieutenant Stephan Johansson and Captain Lars Bjornson. Each man described in detail their participation in the events that took place that evening. Like a maestro conducting an orchestra, Dallas extracted the information from each of these witnesses in such a skillful manner that the jury was sitting at the edge of their seats. When the Captain testified about his initial search of the Falcone suite, there wasn’t a dry eye in the courtroom. It was all Daniel could do to not look defeated and the perfect time for Dallas to rest his case. Daniel’s moment to tell his side of the story was coming very soon. As the judge adjourned the proceedings for the night and the jury was escorted out of the courtroom, Daniel allowed himself a moment to be very scared.
The clicking sound of the footsteps of the night shift prison guard echoed through the halls of the tenth floor of the Federal Detention Center. They reminded Daniel of the macabre ticking of a clock counting down the final seconds before an execution. It was 3:00 in the morning and he had not gotten a wink of sleep. In six and a half hours, he would be taking the stand to perform the most important task of his life. If he didn’t succeed in convincing the jury he was telling the truth, he could very well pay the ultimate price. He practiced his testimony ad nauseum with Alan Shipman and his legal assistant. His concern was less he would fumble over his words on the witness stand than that it was an almost insurmountable uphill clim
b to get the twelve people deciding his fate to believe him.
Before having Daniel testify on his own behalf, Shipman had presented evidence over several days detailing the murders that Damien Drysdale committed including Hannah Richards and the massacres in Europe. Dallas objected to its relevance. The judge allowed the testimony based on Alan Shipman’s promise to tie it in to the subject homicides through subsequent witnesses and his closing argument. It was Leland who Shipman recalled to the stand to provide details of the Damien Drysdale investigation. There were also a few tricks up Shipman’s sleeve. He wasn’t considered one of the country’s leading criminal defense lawyers for nothing. He deftly lead Leland through the specifics of each murder and the method in which the victims were slain highlighting Drysdale’s penchant for decapitation and mutilation.
During the prosecution’s presentation of its case, Dallas conveniently omitted introducing evidence as to how the photographs of Daniel and Annie came into Deborah’s possession. In order to establish a link between Damien Drysdale, Annie Bryan and Daniel Falcone, Shipman convinced the Judge to accept into evidence the manila envelopes from both packages. He then called an FBI handwriting expert to the stand who offered his opinion that the names and addresses written on the envelopes were done by one and the same person. Shipman considered calling Jonathan Frazier to testify that the murderer’s modus operandi matched that of the known serial killer. In the end, he decided against it, figuring it could backfire. One of the golden rules of both direct and cross-examination was to never ask a question without knowing the answer. Shipman feared that on cross, Dallas could ask Frazier his opinion whether Damien Drysdale actually committed the murders on the ship. The odds that the answer would not be in Daniel’s favor were too great to chance. An opinion proffered by an FBI profiler that it was not Drysdale who massacred Deborah and her parents could be the nail in his client’s coffin.