Nameless

by Joe Conlan

  After two days of testimony from Leland and several other agents investigating the Drysdale murders, Shipman called Michael Munez to the stand. The purpose of Michael’s appearance was to provide a description of the nature of his relationship with Annie Bryan and to prime the jurors with an initial example of the depth of Drysdale’s jealousy. Shipman extracted from his witness a detailed account of the receipt of Hannah Richards’ body parts. It drew a few oohs and ahs from the audience precipitating the judge to demand order. Shipman’s hope was that the jury was finally seeing the monster, Damien Drysdale as more than just a figment of his client’s imagination.

  Michael was followed by Annie Bryan. Her testimony solidified the notion she was being stalked by Damien Drysdale just months before the murders on the ship, stressing her close relationships with Hannah Richards, Michael Munez and Daniel, all victims of the serial murder in one form or another. Annie told the jury how she met Drysdale in the course of her duties while visiting the Diamond and explained how on many occasions she caught him staring at her. In an attempt to evince the impression of his ever-present menace to Annie, Shipman had her recite the story of the day she searched her apartment upon hearing the creaking of her door. Norman Dallas objected vehemently to the intrusion incident arguing there was no way to prove anyone entered her apartment that morning, much less Damien Drysdale. The Judge sustained the objection and instructed the jury to disregard Annie’s statement. Shipman expected as much. He was still pleased he was able to slip the story in. At least he had planted the seed. He never thought much of the disregard instruction and often invented novel ways to exploit it.

  The conclusion of Annie’s testimony was a risk, but one Shipman felt was necessary. Annie confessed her sexual interest in Daniel and her aggressive campaign to get him in bed, a rigorous effort that was ultimately successful. Shipman thought it might take some of the heat off Daniel. More importantly, he wanted the jury to realize that anyone stalking Annie not only had to be aware of her intentions, it was thrown in his face. At that point, Shipman was satisfied he had set the stage to argue that Drysdale had a fatal attraction for Annie and due to his insane jealousy for any potential competitor, framed Daniel for the triple homicide.

  Shipman saved the recall of Ted Hauser for last to introduce the evidence of Terry Smithson’s disappearance. He was surprised when Dallas didn’t stand up to ferociously object. The defense attorney didn’t know Dallas had made a conscious decision not to show his concern over the testimony. The prosecutor wanted the jury to believe he was confident the disappearance had no probative value whatsoever. He figured the judge would be consistent with his decisions to overrule the objection anyway based on Shipman’s promise to tie it in later. Standing up and protesting would only give more importance to the event.

  Perplexed, but pleased, Shipman led Hauser through Terry Smithson’s time on the Joy of the Seas. The witness described Smithson’s happy response to being transferred to the ship and detailed her long, loyal history of employment with King Cruise Line. Without the least bit of resistance from the prosecution, Shipman drew testimony from Hauser regarding his shocked reaction to Terry’s failure to follow the normal procedures for terminating her employment. It just wasn’t her way. When Hauser stepped down, court was adjourned for the day. After the jury was dismissed, Daniel had a brief conversation with his lawyer who notified him he would be the first witness in the morning and strongly suggested he get a good night’s sleep.

  Now, with the lights out order being announced over the prison’s public address system, Daniel lay in the bunk of his cell staring at the ceiling without seeing. The temperature in the cell was a balmy 80 degrees, yet Daniel was helpless to control the fit of shivers that consumed his mind and body.

  Waiting for sleep to come well after midnight, Daniel couldn’t help but obsess about the nearly impossible task ahead of him. He was favorably impressed and truly grateful for the skillful way Shipman established a basis for a credible argument that Damien Drysdale was the mastermind behind the murders. Now, the ball was in his court to fill in the blanks in a reasonable and believable way. The unavoidable obsessive thinking about his testimony was far from a recipe for rest and relaxation. By 6:00am, he gave up trying to fall asleep. He reached over to the flimsy, makeshift table located next to his cot and grabbed the notes he took regarding his upcoming testimony. He had about an hour before they would come to allow him to take a shower and get dressed for the trial. Even though he had gone over the notes more times than he could count, he thought he might as well use his time constructively and review them one last time.

  Two hours later, he was loaded onto the bus with twelve other inmates on their way downtown to the Wilkie D. Ferguson Federal Building. Daniel was scheduled to meet with Alan Shipman at 8:30am in the holding cell at the Courthouse for final instructions before he took the stand. Shipman was waiting for his client when he arrived. They were taken to a small room adjacent to the holding cell typically used for attorney/prisoner meetings. Although Daniel had testified in courtrooms on countless occasions, he felt a large lump lodged in the middle of his throat. Court wasn’t scheduled to start for another hour and a half and already his palms were sweating. His hands were trembling so violently he had difficulty holding his notes. Normally, he was very comfortable speaking in public. This time, if he didn’t get himself under control, he didn’t think he would be able to construct a coherent sentence.

  Before Daniel took the stand, it was Shipman’s obligation to admonish him one final time that it was his constitutional right to remain silent. He wasn’t required to take the stand on his own behalf. Testifying could bring about great benefits. At the same time, any false move on Daniel’s part could be devastating. Shipman stressed that Norman Dallas was one of the best at what he did and Daniel would have to be careful not to get angry. To avoid any possibility of losing his temper during cross examination, it would be very important not to expound. He should keep his answers as short and concise as possible. If he could get away with answering a question with a simple yes or no, he should do so without adding a verbose explanation.

  Though obvious, Shipman was duty-bound to warn Daniel if he chose to exercise his Fifth Amendment right, his story would not be told. He reminded Daniel the seed had been planted in the jury’s mind that Damien Drysdale could have committed these murders. The million dollar question was whether it was enough to raise a reasonable doubt. With one small misstep Daniel could wipe away any uncertainty Shipman created. In the end, it was Daniel’s decision whether he was willing to take the risk he would cause more harm than good. For him, the answer was simple. There was so much more to the story than what the jury had heard to that point. He didn’t think he could live with himself if he chose not to testify and the jury found him guilty. He made it this far in life by taking risks that paid off and believing in himself. At this most important juncture in his life, he wasn’t about to change things up. He would testify.

  Shipman couldn’t help but notice Daniel was exceptionally nervous. He recommended he take a deep breath after the completion of each question and take a moment to think about his answer. This was no doubt one of the most critical moments of his existence, but ultimately, he needed to remember he was telling the truth. If he stuck to the facts and spoke to the jury sincerely, he would do just fine.

  The reminder he had truth on his side had a significant calming effect on Daniel. He could see why his lawyer was so successful over the years. He was doing an excellent job with what very little he had to work and brought out the best in his witnesses. As they concluded the meeting and the United States Marshall arrived to escort Daniel to the courtroom, he was beginning to feel much better.

  When the parties and all court personnel were in their respective positions, Judge Jackson sat behind the bench and instructed the court deputy to bring in the jury. Once they were seated, he asked Attorney Alan Shipman to call his next witness. Shipman clearly pronounced his client’s name sure to
include his title, Special Agent in Charge. Daniel stood up, walked up to the stand, placed his hand on the bible and swore to tell the truth. His questioning began with the subject of his infidelity and separation from his wife. Daniel described his encounter with Annie Bryan, admitting he was just as much at fault. Both he and his lawyer agreed to get that bit of housekeeping out of the way at the onset. The jury would expect an explanation and could have lost respect for him if he allowed Annie to take the whole blame.

  Next, Daniel defined his role in the Hannah Richards murder and how he and his investigative team were able to identify the killer and connect him to the slayings in Europe. After establishing that Damien Drysdale was an integral part of the saga, he began to tell the story of his encounter with Isaac Jefferson on the cruise ship. He gave a detailed account of their visit to Dunn’s River Falls in Ocho Rios, Jamaica and managed to reiterate Terry Smithson’s disappearance at the very next port. Doing his part as a maestro directing the flow of the testimony, Shipman had Daniel recite the story he and his family were told by Jefferson regarding his abandonment at the altar. Per his attorney’s advice, Daniel omitted his initial feelings of uneasiness toward their new friend. Instead, he blamed his failure to see through Jefferson’s lies on his focused attempt to save his marriage. He described his tireless efforts to win back his wife for the months before the cruise and Deborah’s specific reasons for her hesitation. It helped establish a foundation for the confiscation of Daniel’s cell phone and make the episode a more reasonable and believable consequence. Daniel was able to describe nearly verbatim his conversation with Deborah regarding his bad choice to devote attention to getting an investigation update. His concession of his cell phone was more than just that. At that moment, he realized it was either make a real commitment to reconciliation or let his wife move on. The choice was easy.

  The moment he arrived at the part of the testimony where he was asked to recount the final night of the cruise, Daniel had to take a few minutes to collect himself. Having to admit his failure to protect his wife and in-laws to a crowded courtroom galvanized and reaffirmed his feelings of guilt, anger and incompetence. This was not a play of emotions for the jury or per attorney instructions. They came from a place deep within. Ultimately, after a short recess granted by the judge, he succeeded in calmly describing his actions on the last Saturday of the cruise up to his first contact with Isaac Jefferson that evening. He told the jury about his and Deborah’s meeting with Isaac at the elevators and the invitation they extended to him to join them for a game of dominoes. His memory was somewhat fuzzy concerning the events that transpired once they returned to his suite after dinner and the show. He recalled that Jefferson brought the ingredients for a tropical drink to express his gratitude for his hosts’ hospitality and kindness. Daniel specifically suggested it was Drysdale’s means to drug them. That statement was followed by a vehement objection by Norman Dallas. The judge sustained the objection advising the jury it was their responsibility to formulate their own conclusion. It was just another of Shipman’s successful exploitations of the ignore instruction.

  Waiting for Jefferson to deliver the cocktails while they were taking a break from the game was Daniel’s last recollection on the ship related to the jury. The next thing he knew, he was waking up at Broward General Hospital wondering where he was and how he got there. By the time he completed his testimony, it was just prior to noon. Since Shipman had no more questions for his client, Judge Jackson decided to break for lunch and have Norman Dallas commence his cross-examination when they resumed at 1:30pm.

  When the proceedings were formally recessed and the jurors were led out of the courtroom, Daniel was placed in handcuffs and taken to the attorney/prisoner interview room where he met with Alan Shipman.

  “You did a great job, Daniel,” said Shipman. “You stayed calm throughout your testimony and showed emotion at the appropriate times. You expressed yourself well and with confidence. I looked over at the jury several times while you were testifying. A few of the jurors were hanging on every word you said when you were describing the day of the murders. I’m hoping that’s a good sign.”

  “I noticed the older female juror on the top row cried when I described my reconciliation with Deborah,” Daniel added. “I couldn’t read the male jurors, though.”

  “Daniel, that was the easy part. What happens this afternoon during cross will have a huge impact on the jurors. I can’t emphasize more...you must, at all costs, keep your cool throughout Dallas’ examination. You can be sure he’s gonna try to push your buttons. You don’t want the jury to see you angry.”

  “I understand, Alan. I’ll be fine. It takes a lot for me to lose my temper.”

  “I can guarantee you Daniel, it’s not going to be a pleasant experience answering his questions. It’s his job to make you lose your temper and he’ll try every trick in the book to get you to do it. Just don’t fall into any of his traps.”

  Daniel had a lot of experience responding to questions under the attack of a defense attorney’s cross examination. There were times he could recall when he wanted to jump out of the witness box and bust the lawyer in the jaw. This was a totally different situation. It was his life on the line. He prayed he would be able to maintain his composure.

  “I’ll do my best, Alan.”

  “You’ll need more than that.”

  For the first ninety minutes of the cross-examination, Daniel’s veracity was relentlessly challenged on a variety of issues. He was accused of inventing the character, Isaac Jefferson. It was insinuated he was a drug addict. His powers of observation as a law enforcement officer were mocked. The excuse regarding the cell phone confiscation was ridiculed on several levels. Not only did Dallas provoke Daniel by accusing him of being weak in his relations with his wife, the prosecutor made him out to be a lousy father for not insisting on checking the progress of the serial murder investigation on behalf of his children. Nor did Dallas pass up the opportunity to make Daniel look like a fool for not seeing through Jefferson’s lame story about being abandoned at the altar.

  Though Daniel fared well controlling his temper in that first hour and a half of cross, Dallas made great headway persuading the jury it was an absurd notion to believe one of the most highly regarded agents in the FBI could drop the ball in that fashion. Regardless of Falcone’s ability to maintain his composure up to that juncture, Norman Dallas’ instincts were telling him he was beginning to wear him down. When the prosecutor turned to the subject of Daniel’s infidelity, he could sense he was getting much closer.

  “Are you expecting this jury to believe the only reason you cheated on your wife was because you had too much to drink?” inquired Norman Dallas.

  “What I’m saying, Mr. Dallas, is that I don’t believe I would’ve behaved that way if I didn’t have too much wine on an empty stomach. If you’re asking me if I was aware of what I was doing, the answer is yes and it was a big mistake,” responded Daniel.

  “I’m not asking you if you were aware of what you were doing. That’s obvious. My question is, would you have this jury believe your so-called altered state of consciousness was the exclusive reason why you had sex with that woman? Isn’t it true you fornicated with her because you were attracted to her?”

  “Annie is definitely a beautiful woman. But, she’s just a friend. It was a mistake.”

  “Were you not involved in a very serious relationship with Ms. Bryan for many years?”

  “Yes, that’s true.”

  “And, in fact, didn’t you live together as a couple for almost five years?”

  “Yes.”

  “You even reached the point where you proposed marriage to the woman, correct?”

  “Yes, I did.”

  “Yet, you expect this group of twelve intelligent and reasonable people to believe it wasn’t your attraction to her that caused you to have sexual intercourse with her?”

  “I didn’t say Annie isn’t an attractive woman. I stand by my statement. I wou
ld not have behaved that way under normal circumstances.” Daniel was pissed off at himself for playing the alcohol card. On the one hand, it was bold-face perjury. He showed up at Annie’s apartment wanting something to happen. But, there was no way he was going to admit that to the world, much less the jury. Now, he was just providing the prosecutor with ammunition.

  “Isn’t it true, Mr. Falcone, you’re still in love with her and let me remind you that you’re under oath?”

  “Annie will always have a special place in my heart, but she’s just a friend. I was in love with my wife.”

  Norman Dallas snatched the photographs of Annie and Daniel from the evidence table and spread them out on the witness stand for Daniel to see. Looking him straight in the eye, Dallas asked, “Does that look to you like a man who was in love with his wife? It looks to me like you weren’t thinking much about her as you were putting your tongue in places too vulgar to speak of. Were you thinking about how much you love your children, too?”

  Norman Dallas had struck a fragile chord. The implication that his wife and children meant little to him combined with the guilt of knowing in his heart it was actually true that he was never really in love with Deborah sent Daniel over the edge. His disrespectful reference to Annie as “that woman” only exacerbated his response. He stood up from the witness chair, pointed his finger within millimeters of the prosecutor’s face and shouted, “First of all, Norman, that woman has a name and it’s Annie. . .” Before Daniel could complete the rest of his sentence, two United States marshals grabbed him by the shoulders and forced him to sit back in the chair. Judge Jackson quickly had the jurors removed from the courtroom. When they were safely behind closed doors, he admonished Daniel that one more outbreak of that nature and he would spend the remainder of the trial in handcuffs.