Ten Guilty Men (A DCI Morton Crime Novel Book 3)

by Sean Campbell

  Kieran wondered why he was nervous. Culloden was a defence witness, so Hollis was hardly going to tear him apart on the stand. That would come when it was Kieran’s turn to cross-examine him.

  ‘Mr Barchester, tell me who you spent the night of the party with,’ Hollis said.

  Culloden stopped biting his nails, and his hands fell to his side. ‘Gabriella Curzon.’

  ‘The whole evening?’

  ‘Most of it. We were with other people for the early evening.’

  ‘Who?’

  ‘Gabby went off with Brianna,’ Culloden said. ‘I chatted with Vladivoben and his partner.’

  ‘What happened next?’

  ‘Gabby and I had a few drinks, and we retired to the guest bedroom at around eleven.’

  ‘Where was the host at this time?’

  ‘Upstairs sleeping.’

  ‘When did you leave?’

  ‘About midnight.’

  ‘Tell us what happened when you left.’

  ‘Gabby and I fought–’

  ‘What about?’

  ‘Her baby. Our baby. She’s pregnant,’ Culloden said.

  Kieran rolled his eyes. They were going for the sympathy vote.

  ‘Congratulations. No further questions, My Lord.’

  ***

  Kieran stood. ‘Mr Culloden, you testified that Gabby went off with Brianna early on during the party. What did Gabby and Brianna discuss?’

  Hollis jumped up. ‘Objection! Hearsay.’

  Too late. Now the jury know they were conspiring anyway. ‘Withdrawn. Mr Culloden, how long were Gabby and Brianna gone?’

  ‘Half an hour, maybe. I wasn’t keeping an eye on the clock.’

  ‘You weren’t keeping an eye on the clock. But you know what time you left?’

  ‘Approximately.’

  ‘Right. Even though you’d be drinking. Had Gabby?’

  ‘Yes.’

  ‘Did she do drugs?’

  Culloden averted his eyes. ‘Yes.’

  ‘A pregnant, high, drunk woman. She sounds like a wonderful mother-to-be.’

  ‘Objection!’

  ‘Withdrawn. Mr Culloden, isn’t it true that you and Gabriella had a physical altercation?’

  ‘Yes.’

  ‘That she chased you out of the house in a rage?’

  ‘Yes.’

  ‘So she has a propensity for violence?’

  ‘She didn’t kill anyone!’

  ‘But you don’t know that, Mr Culloden. She was still there when you left, wasn’t she?’

  ‘Yes.’

  ‘No further questions.’

  Chapter 66: Gamble

  After a brief break for lunch, the defence resumed their case. Kieran was still reeling from the unexpected loss of his star witness when Elliot Morgan-Bryant stood, shot him a nasty look and announced: ‘The defence calls Brianna Jackson.’

  ‘Objection!’ Kieran leapt to his feet. Heenan looked over at him quizzically. Kieran didn’t really have any grounds to object. I’d better say something, quick. ‘The defence didn’t notify us that they intended to call Miss Jackson as a witness.’

  ‘Nor should they have. You know S21A doesn’t apply to defendants. Sit down.’

  Kieran sat, and watched as Morgan-Bryant began to paint Brianna as a victim.

  ‘Miss Jackson. You admitted to killing Ellis DeLange, didn’t you?’

  The jury perked up. They sat forward and stared intently.

  ‘I did.’

  A gasp went around the courtroom, then Brianna held up a hand. ‘But she,’ Brianna pointed towards the dock, ‘had a knife to my throat at the time.’

  ‘A knife to your throat?’

  ‘Yes, she took me hostage... At my sister’s funeral.’ The jury gasped again.

  ‘How would you characterise Miss Curzon?’

  ‘She’s insane,’ Brianna said simply. ‘She’s pregnant, hormonal and addicted to both drugs and alcohol. She held me hostage and forced me to confess to a crime I didn’t commit.’

  ‘You didn’t kill Ellis?’

  ‘No, I did not.’

  ‘Then where were you that night?’

  ‘I left early. I went back to apologise. I found an empty house with the lights off, so I turned around and left. Gabriella must have been waiting in the shadows.’

  Kieran stood. ‘Objection! Speculation.’

  ‘Noted,’ Heenan said. ‘The jury will disregard Miss Jackson’s last comment.’

  Like hell they will. They can’t unhear it. Kieran watched as Morgan-Bryant pressed on.

  ‘You never saw the body?’

  ‘No. Not until the police released it.’

  ‘And there’s no forensic evidence that incriminates you, is there?’

  ‘Objection! Defence counsel is testifying.’

  ‘Withdrawn. Miss Jackson, did you see anyone that night when you returned?’

  ‘No.’

  ‘So as far as you know, no one saw you either?’

  ‘That’s correct.’

  ‘Almost as if you were never there at all.’

  ‘Objection!’

  ‘Withdrawn. Nothing further, My Lord.’

  Morgan-Bryant sat back down, a smug look plastered across his face.

  He thinks he’s won. We’ll see about that. Kieran stood. ‘Miss Jackson, is it true you supplied Ellis with drugs?’

  ‘No.’

  ‘Then it’s a coincidence we found them in your flat?’

  ‘No. She must have planted them in my flat.’ Brianna nodded to indicate Gabriella.

  ‘She planted drugs from your workplace in your flat? Does she have a key to your flat?’

  ‘No, but–’

  ‘Or your workplace?’

  ‘No–’

  ‘They were your drugs, weren’t they? You sold them to Ellis in return for the two thousand pounds a month she paid into your bank account.’

  ‘I didn’t!’

  ‘Isn’t it true you’ve lied to the police multiple times during this investigation? Didn’t you tell Detective Chief Inspector Morton that you went home before midnight, and never came back?’

  ‘I suppose I might have. I knew how it would look.’

  ‘And you used a Pay As You Go Oyster card to hide your return journey.’

  ‘That was an accident!’

  ‘And then you walked around for a half hour, only arriving at the exact moment Miss Curzon happened to be in the bathroom?’

  ‘I don’t know when Miss Curzon was in the bathroom.’

  ‘You’re Ellis’ heir, aren’t you?’

  ‘So they tell me. I didn’t ask for that.’

  ‘You didn’t ask for three million pounds, but you’ll take it all the same, won’t you?’

  ‘How dare you! I didn’t kill my sister. She did. She did it, and she’s setting me up! She held me hostage.’

  ‘She admitted that.’

  ‘Then why isn’t she testifying?’ Brianna asked.

  This time, it was Hollis’ time to leap to her feet. ‘Objection. Witness is asking the prosecution a question. Shouldn’t it be the other way around?’

  Heenan’s eyes twinkled. ‘Ask another question, Mr O’Connor.’

  ‘You testified you arrived back at Edgecombe Lodge at approximately half past twelve.’

  ‘Correct.’

  ‘And you’re sure you didn’t see Gabriella there?’

  ‘Quite sure. She must have been hiding.’

  ‘But you couldn’t know that. Unless you planned the murder together. Did you?’

  ‘Of course not. She did it!’

  ‘You keep saying that, but the evidence points to you too. Nothing further.’

  Heenan turned to Hollis. ‘Do you wish to cross examine your client’s co-defendant?’

  ‘No, My Lord.’

  ‘Then we are adjourned until nine thirty tomorrow morning.’

  Chapter 67: Equal

  At the start of the morning session, a juror passed a note along to the bail
iff, who handed it up to Judge Heenan. It read ‘Do we have to assume the evidence means the same for both defendants?’

  ‘Ladies and gentlemen of the jury, one of you passed up a note to ask me a question about how to interpret the evidence that has been put before you. You must consider the evidence as you see it. Evidence which is circumstantial in nature must be weighed and considered on its merits. If you find evidence of this kind to be true, then you may draw inferences as to the existence of the facts implied by that circumstantial evidence. If, on the basis of that evidence, you are sure that the defendant, or defendants, are guilty then you must convict. If you are unsure then you must acquit. Where there is circumstantial evidence, you must consider it against each defendant, and consider it in the round. If you believe that such circumstances can only be rationally explained by the guilt of the defendant then you may rely upon that evidence to find a guilty verdict.’

  The jurors seemed to nod off during Heenan’s speech. Kieran shook his head almost imperceptibly. It was a rare judge who could explain things in terms that juries would understand.

  Chapter 68: Damned Silence

  Before Morton knew it, the trial had reached its end. The defence case took no time at all to present, for there was scant evidence to support their theory.

  The jury had listened in horror when Elliot Morgan-Bryant had introduced the tape recording of Morton’s surreptitious call to Ayala at the crematorium. Morton had felt a burning sensation when that evidence was presented. He was sure that the entire jury was fixated upon him, that they knew of his involvement, how he had stepped in to disarm Brianna and cuff Gabriella. It was silly of course. He was just another face in the public gallery, and no one was paying any attention to him.

  He looked around the courtroom. All twelve jurors were captivated by Kieran as he stood before them with his chest puffed out and his back straight, ready to deliver his closing speech.

  ‘Ladies and gentlemen of the jury. You’ve heard a great deal of testimony. You know that at the time Ellis was murdered, there were two women in the house. These two women conspired to enrage Kallum Fielder by making him think Ellis had emptied his wallet. They made sure no one else was at home. Gabriella slept with one man that night, a man she freely admits is unattractive, and then went home with another, Francis Patrick Malone. She made sure the police knew about it. She’s since married that second man.’

  Kieran paused as the jury tittered. Heenan glared as if to warn him to stay on topic.

  Kieran let the awkward laughter fade to silence. The next part of his speech would be crucial. He had to balance pre-empting the defence speech against the chance that he would lend their arguments credence.

  ‘We know these women are not innocents. Brianna has been supplying her sister with pentobarbital, and was paid handsomely for it. The timing is no coincidence. Ellis was about to go into rehab – which would have cut off Brianna’s income. She was also going to marry Kallum Fielder, which would have prevented either sister from ever inheriting a penny.

  ‘It’s all very neat. Two women who have everything to gain just happen to be alone in the house together, one of whom had already staged her exit and then doubled back using every method available to her to conceal that she done so. Brianna used a second Oyster card to hide her return, a trick which would have been utterly futile had she been coming back to apologise as she claimed. She’s since lost that Oyster card.

  ‘The same two women who were then involved in a hostage situation. A hostage situation in which they scream blue murder at each other, but miracle of all miracles, they both walked away without a scratch – and Brianna, the alleged victim, has since spoken out in support of her sister.

  ‘It’s a charade, a means to profit from the death of Ellis DeLange. They plotted to kill her, set up Kal as a suspect by inducing an argument, pretended not to be alone, and then made sure they were...

  ‘The pool brick used to bash Ellis’ head in, along with all the other pool bricks she owned, are long gone. A set of three, and none of them can be found. Every last piece of evidence has been lost or destroyed. And now the women are running a cut-throat defence. It’s the oldest trick in the defence lawyer’s playbook. The lie is simple – “she did it, not me”.

  ‘Every time the police questioned either of them about the murder, they refused to answer pertinent questions. No comment, they said. You heard from Judge Heenan that you can infer guilt from silence. I’m asking you to do so. There is no good reason to decline to answer a question about your sister’s murder – unless you were involved in that murder.

  ‘In a moment, you’ll hear from the defence. In their closing speeches, they’re going to try and argue that there is no definitive proof, no smoking gun. That’s because the defendants have hidden it. There’s no way for Ellis to have been murdered, other than by one of these women. And neither could have committed the murder without the other knowing. They were both there. They both had means, motive and opportunity.

  ‘If you believe as I do that they killed Ellis DeLange then you must give Ellis the justice she deserves. Find Brianna Jackson and Gabriella Curzon guilty of her murder.’

  Chapter 69: Ten Guilty Men

  All eyes were fixed on Genevieve Hollis as she prepared to give her closing speech. It was to be the second of two by the defence lawyers, for Morgan-Bryant had given his speech before Morton arrived.

  ‘Miss Hollis, we have perhaps half an hour remaining on the docket today before we recess for the weekend. Do you wish to proceed today, or would you prefer to finish the defence case this afternoon?’ Judge Heenan had asked.

  ‘Today, My Lord. Thirty minutes will be ample.’

  ‘Then proceed when you are ready.’

  Hollis produced a bottle of water from a bag underneath the table, took a big gulp and began.

  ‘My client, Gabriella Curzon, is far from perfect. She was brought up in the system with no real family to speak of, and no idea that she was a part of the DeLange dynasty. A chance meeting brought Ellis into her life, and gave her the sisterly connection that she had always craved but never known. Ellis helped her find work as a model. She gave her houseroom, and nurtured her modelling career. Ellis was the consummate big sister.’

  Morton watched the jury’s gaze flitter from the lawyer to her client. Gabriella was biting her lip, trying to hold back the tears.

  ‘Gabriella and Ellis became close. When Ellis’ parents died, Gabriella was there. When Ellis fell from grace after her own dalliance with drugs, Gabriella was there. When Ellis was on the cusp of getting engaged to Kallum Fielder, Gabriella was there. Gabriella did what she thought any good sister should do. She tested. She poked and she prodded. With hindsight, she relied on Brianna too heavily when they plotted to test Kallum’s trust in Ellis.

  ‘Should she have? No. She regrets it deeply. Just as she regrets her actions at the crematorium. She owned up to those actions, fully and immediately. She apologised. She wants to serve her time for that wrongdoing. But she did not murder Ellis DeLange.’

  Hollis paused, and look hard at the jury as if to gauge their mood.

  ‘The prosecution would have you believe that my client colluded with Brianna Jackson. That the two decided to commit murder together. Or that my client is setting herself up to inherit Ellis’ estate. There is absolutely no proof. Yes, she was in the house. But so was the true culprit, Brianna Jackson. Miss Jackson orchestrated the trick played on Kallum Fielder. She came back in the early hours of the morning and let herself into the house. She sold Ellis drugs, despite Ellis’ attempts to get clean. She is the sole beneficiary of Ellis estate. My client should never been charged with this crime.’

  The jury stared at her, unemotional, almost listless. Hollis was barely halfway through her time but the jury looked like they were already beginning to tire of her monotone. It was no surprise. They’d been in court for weeks. Morton knew from experience that the last few minutes would make or break her case.

  ‘Ladie
s and gentlemen, the standard in a criminal prosecution is beyond reasonable doubt. If you have any doubts as to the guilt of my client, and you should have, then you must acquit. It is a fundamental principle of British justice that innocence is a shield against persecution, for if one cannot rely on a lack of criminality as a bulwark against the tyranny of injustice then the entire system of criminal justice shall fall.’

  Hollis paused to survey the jury. She needed to get their attention, and fast. As though reading Morton’s mind, Hollis smiled and changed tack.

  ‘Think of it like a spam filter. We have to accept that occasionally spam emails end up in our inbox. It is better that we sometimes get spam emails in our inbox, than our real emails end up in spam where we never read them. It is the same principle that guides us when discerning guilt and innocence.’

  The jury perked up. This wasn’t what they were expecting to hear.

  ‘It is better,’ she continued, ‘that ten guilty men go free than one innocent woman be sent to jail. My client is that innocent woman. Vote to acquit – because she didn’t do it.’

  Chapter 70: Recess

  Court recessed at five for the weekend, and Morton loitered for a moment to say hello to the prosecutor. Kieran appeared a few minutes later, his wig and gown safely tucked inside a blue damask cotton bag.

  ‘Evening, David. Got time for a swift pint?’

  ‘We’ll never find a table, nor somewhere quiet. But yeah, I’m not seeing Sarah ’til eight.’

  ‘I know a place,’ Kieran said.

  ‘Lead on then.’

  They walked towards the Holborn Viaduct. The streets were awash with sunshine, and it seemed all the various lawyers and publishers who worked in Holborn were either dashing home or dashing to the nearest bar. They passed by a couple of Morton’s usual haunts, Ye Old Mitre and The Melton Mowbray, which were packed to the rafters with young professionals, and carried on until they reached High Holborn.

  ‘What’ve you got planned for date night, then?’

  ‘We’re going to an outdoor cinema in Hackney. Some art film that Sarah picked.’