Jack paused to let them have their fun. Then he proceeded to make his point.
“Your Honor, Mr. Brume already testified ten years ago at the suppression hearing. I believe I can read his testimony into the record as an admission. All I’m asking the court is for permission to put Mr. Brume on the stand and ask him to read his answers from ten years ago.” Jimmy wasn’t laughing anymore.
“Judge, I object. My client has the right not to take the stand.” Jack could tell by his expression that Harry Stanton appreciated the strategy. Jimmy was already starting to lose it.
“Well, Mr. DiCarlo, you don’t disagree that Mr. Brume’s prior sworn testimony is admissible, do you?”
“I do, Your Honor.”
“And what is the basis for your objection?”
“Relevancy, Your Honor. What Mr. Brume testified to in a suppression hearing ten years ago has no relevance to this proceeding where he is a criminal defendant and it may be prejudicial.”
“Prejudicial?” the judge said in a disbelieving tone. “His sworn testimony under oath as a police officer may be prejudicial, is that your argument, Counsel?”
Jimmy was a good trial lawyer because of his presence and his speaking voice and his aggressiveness. Logical analysis was not his strong suit.
“Maybe it’s not prejudicial, Judge, but it’s certainly irrelevant to any issues in this case.”
“How do you respond to that argument, Mr. Tobin?”
“Well, Judge, I think his testimony will take about ten minutes. We could do a dry run outside of the jury’s presence, and then you can make a decision on whether the testimony is relevant.”
“That sounds logical. Why don’t we do that? Mr. Brume, take the stand here. Mr. Tobin, do you have a copy of Mr. Brume’s testimony for him to read?”
“Yes I do, Your Honor, and I have a copy for you and for his counsel as well. As you can see, sometimes a question was asked and it took three or four more follow-ups to get the answer. I’ve tried to avoid that for purposes of time and clarity and have highlighted the relevant questions and answers. With your permission, Your Honor, I will read those questions, which were originally asked by Rudy’s lawyer, Ms. Tracey James, and then Mr. Brume will read his responses. I also anticipate that the court will instruct the jury beforehand that this testimony was given ten years ago in a separate proceeding and that Mr. Brume was a detective then investigating the murder of Lucy Ochoa and that he is simply reading his previous testimony.”
“I see,” the judge said as he studied the document. “Very good. Then let’s proceed.” Judge Stanton was starting to enjoy himself. It was obvious that Jack had anticipated this entire scene before the trial began. This was going to be a real battle.
Wesley Brume took the stand, and Jack proceeded to take him through his testimony at the suppression hearing ten years before. He first brought up Bill Yates, Rudy’s high school principal.
“Did Mr. Yates tell you that Rudy was affable and that he would agree to anything you said and that, in all fairness, you shouldn’t question him without his mother or a lawyer present?”
Brume had tried to skirt the question even back then, but eventually he was cornered and gave a definitive answer. “He didn’t say anything like that.”
Next up was Benny Dragone, Rudy’s boss at the convenience store.
The question was asked whether Brume had threatened Benny with the health department in order to get Rudy to the police station for questioning. “That’s not true. I would never do that,” Brume had replied.
Jack established that Brume began his questioning of Rudy at 3:18 p.m. and had him read that portion of his testimony where he said he was almost finished questioning Rudy when his mother, Elena, arrived at the station. He then switched to the expensive video and audio equipment that the City of Bass Creek had purchased for criminal interrogations at the station.
“How long would it have taken you to walk down the hall, fetch the video or recording equipment, or both, and install them before beginning your interview?”
“Three to five minutes.”
“Is it accurate that when you brought my client in for questioning he was already a suspect in the murder?”
“Yes.”
“And he was your only suspect at the time?”
“Yes.”
“And is it accurate, Detective Brume, that in your twenty-plus years as a police officer in this department, this is the most heinous crime you have ever investigated?”
“No question about that.”
“Did you have Rudy make a written statement?”
“No, but I had him read my notes and sign them.”
“Did you tell him to sign them?”
“Yes, of course.”
“Was he allowed to make changes?”
“I don’t understand.”
“It’s very simple, Officer Brume, did you let him edit your notes?”
“Of course not.”
After that answer, Jack turned to the bench.
“That’s it, Your Honor. I’m obviously using this testimony to show in Mr. Brume’s own words the circumstances under which the initial investigation took place. It’s exactly what I told the jury in my opening statement.”
The judge didn’t even look at Jimmy DiCarlo for a response. “Well I think it’s relevant. Let’s bring the jury in. Mr. Brume, you can stay where you are.”
Clay Evans bolted from his chair. “Judge, you can’t be serious. This is not relevant to the charges against us.”
“Sit down, Mr. Evans,” the judge shouted. “This is my courtroom and you are a defendant. If you have a point to make, whisper it to your lawyer. I don’t want to have to hold you in contempt.” The judge motioned to the bailiff to get the jury.
The jury filed in and the judge instructed them just as Jack had requested, telling them that this testimony had originally been given ten years ago in a separate proceeding and would be read by the prosecutor and defendant Brume. “But remember, ladies and gentlemen,” Judge Stanton said looking at the jurors, “this was the sworn testimony of Officer Brume at the time.”
They repeated their reading of the transcript word for word, with Jack enjoying every second. If Jimmy DiCarlo hadn’t been so flustered by the outbursts of his own clients, he could have suggested that Jack alone read the transcript to the jury, keeping his client off the stand, and Judge Stanton would doubtless have agreed. But the whole thing would have been far less effective that way, and as they went through the little dramatic reading, Jack was secretly enjoying the fact that he’d gotten away with it, forcing Wesley to look just as duplicitous now as he must have looked ten years ago.
Jack followed Wesley Brume’s performance with live testimony from Principal Bill Yates.
Yates told the jury he was now retired but that he remembered talking to Wesley Brume about Rudy ten years before. Rudy’s death had obviously had an effect on him. There were tears in his eyes as he testified. He and Jack had spent some time preparing for this moment. As they’d discussed and, indeed, practiced, Jack asked almost exactly the same questions Tracey James had asked ten years before, and the principal gave almost exactly the same answers.
“Mr. Yates, you were Rudy’s high school principal for all four years he was at Bass Creek high school, is that correct?”
“Yes.”
“And did Officer Wesley Brume come to see you ten years ago to interview you about Rudy?”
“Yes.”
“And could you tell the court the reason for the visit?”
“He wanted to find out about Rudy, how he had been as a student.”
“And what did you tell him?”
“I told him that Rudy was a very nice, motivated young man but that he was slow. Not retarded but slow. If I recall correctly, I think his IQ was somewhere around seventy-five. Bass Creek was a small school. We didn’t have special programs for children like Rudy, so we did the best we could. After two years we put Rudy in a vocational program. He n
ever received a high school diploma, just an attendance certificate.”
“Did Detective Brume tell you why he was inquiring about Rudy?”
“Yes. He said Rudy might be a suspect in the murder of Lucy Ochoa.”
“And how did you respond?”
“I believe I told him he must have been mistaken. I knew Rudy very well back then, and I never believed he was capable of anything like that.”
“Did Detective Brume tell you that he was going to bring Rudy in for questioning?”
“Yes.”
“How did you respond to that?”
“I remember telling him that Rudy’s mother should be with him for that, or that he should have a lawyer in there. I told him how friendly Rudy was, and how naive he could be. I told him Rudy wouldn’t know how to protect himself. He would respond to every question he was asked even if it wasn’t in his best interests.”
“Did you have a reason why you told him that?”
“Yes, I did. I just naturally assumed he wanted to conduct a fair investigation and I thought it was something he needed to know.”
“I have no further questions, Your Honor.”
“All right,” Judge Stanton said. “Mr. DiCarlo, do you wish to cross-examine the witness?”
Jimmy and Clay Evans had discussed the principal’s appearance beforehand and had decided that they had nothing to gain from a cross.
“No questions, Your Honor.”
Benny Dragone was next, and Jack had prepared him for a repeat performance just as he had Principal Yates.
“Do you remember the day Detective Brume took Rudy Kelly in for questioning?” Jack asked after a few preliminary questions were out of the way.
“Yes.”
“Where were you at the time?”
“At my store. Rudy worked for me. He worked the counter. I gave him a job because I knew his mother, Elena. It was a favor to her.”
“What do you recall about that day?”
“Detective Brume wanted to take Rudy over to the station for questioning. I told him that I wouldn’t let him speak to Rudy until I talked with his mother.”
“Why did you tell him that?”
“I knew he was looking at Rudy as a suspect in Lucy Ochoa’s murder and I didn’t trust him. I never trusted Brume, and I knew Rudy wouldn’t be able to deal with him by himself.”
“And how did Mr. Brume respond?”
“Well, like I told Rudy’s lawyer back then in that hearing, Brume threatened me. He said he’d get the health department over to my store for an inspection. And I knew exactly what he meant.”
“And what did he mean?”
“He meant that he’d make trouble for me if I didn’t cooperate.”
“So you did?”
“Yeah. And I’ve regretted it ever since.”
“No further questions, Your Honor,” Jack said, returning to his table.
“Mr. DiCarlo, cross-examination?”
“No, Your Honor.”
“Good. We’re going to wrap up for the day. Ladies and gentlemen of the jury, I admonish you again not to talk to anyone about this case. Do not read the newspapers, watch television or listen to the radio. Do not discuss it with your spouses. Do you understand?” Everyone nodded. “Court is adjourned.” The judge rapped his gavel. “I’ll see you all at nine a.m. sharp. I want the lawyers to be here at 8:30 just in case you think of anything overnight that you wish to discuss with me before we get started.” It was just how he’d wrapped up jury selection. Judge Stanton was nothing if not consistent, Jack thought as he gathered up his papers.
Forty–seven
Jack was very pleased at how things had gone on the first day of trial, especially after the opening statements. He had succeeded in surprising Jimmy DiCarlo by putting Wesley Brume on the stand and had established through Bill Yates and Benny Dragone that Brume had manipulated Rudy into talking to him alone and had lied about the circumstances under oath. Maria would testify about further lies and manipulations tomorrow and then the trial would shift to the rape file and Clay Evans’s involvement. It would heat up at that point, he was sure. After the first day, however, he became convinced that DiCarlo and Evans were content to feed Wesley Brume to the wolves. Poor Brume, he didn’t even see it coming.
He hadn’t seen Maria since Joaquin had been shot. She spent her days and nights at the hospital. They’d set up a cot for her in Joaquin’s room. Dick had been up that afternoon to check on Joaquin’s progress.
“How’s he doing?” Jack asked on the ride home.
“Still the same. He hasn’t woken up yet and that worries Maria, but I talked to the doctor and he said everything is fine. He said Joaquin’s just resting. He’ll wake up in his own good time.”
“That’s great,” Jack said. “I don’t mean to sound mercenary, Dick, but Maria is scheduled to testify first thing in the morning tomorrow. I don’t know what to do. I haven’t talked to her. I haven’t prepped her.”
“You don’t need to prep her, Jack. She’ll tell the truth. I’ll get her there. I’ll drop you off early and I’ll go pick her up. She and I have talked about it already. When she’s through testifying I’ll take her right back.”
“Thanks, Dick.”
That night Pat rubbed his back in bed trying to loosen him up, but it was no use. Jack was as tight as a steel cable wire.
“It went pretty good today,” she said, trying another approach.
“Yeah, it did, but tomorrow is the big day. In this business things can go south in a heartbeat.”
“Well, we’ll just have to say a prayer.”
“Or two.”
Dick dropped Jack off early the next morning and went to get Maria as planned. Jack was not sure he’d be seeing either one of them anytime soon. Maria had a mind of her own, and right now her mind was on one thing only—tending to Joaquin.
Jack had called Charley Peterson the night before and told him to be there early, just in case. It was not uncommon to take witnesses out of order in a trial. He did it all the time, especially with expert witnesses like doctors. But this case was different. He felt strongly that in order to convince the jury, he needed a meticulously logical progression of witnesses.
Jack and Jimmy DiCarlo were ushered into the judge’s chambers promptly at 8:30. Stanton was in a chipper mood. Jack could tell he was enjoying himself, but he didn’t know if that was good or bad.
“Any motions this morning, gentlemen? Any new theories you’ve spun in the middle of the night?”
“No, sir,” Jimmy replied.
“No, Judge,” Jack added.
“All righty then. Mr. Tobin, how many witnesses do you have left?”
“Three, Your Honor. The last is a video.”
“Good, good. Then you should finish up today. Mr. DiCarlo, have you made any decisions about who you’re going to put on?”
Jimmy had seen Geronimo Cruz’s video deposition. It was powerful and he didn’t want the jury to see it. Now was probably the time to make the objection.
“Not entirely, Judge. I know I’ll have at least one witness, but Your Honor, I do have an objection to Mr. Tobin’s video—the Geronimo Cruz confession. We can stipulate that Mr. Cruz killed Lucy Ochoa. We don’t need the video.”
Judge Stanton looked at Jack. It was heating up already. He loved it.
“What do you say about that, Mr. Tobin?”
“I’d like the jury to see it, Judge. It removes any doubt.”
“I’m sure you would, Counsel, but if Mr. DiCarlo is stipulating to its contents, I don’t see why it’s necessary.”
“It’s the specifics, Your Honor. He tells exactly how he did it, and the jury will be able to evaluate that evidence in light of what evidence the police had not only before the trial but two years after when they learned Cruz was in a jail cell in Texas.”
The judge turned to Jimmy DiCarlo.
“He’s got a point, Mr. DiCarlo.”
“We’ll stipulate to the facts. He can read a fac
tual summary to the jury. It will save a lot of time, Judge.”
“It’s not the same, Your Honor. A stipulation won’t have the impact.”
“I understand that, Mr. Tobin, but we’re not looking for emotional impact here, we’re looking for facts. If Mr. DiCarlo’s clients are willing to stipulate to those facts we don’t need the Cruz videotape.”
“Judge, I think I have the right.”
“I don’t think so. I think it’s within my discretion. I’m not going to rule right now. I’ll give you some time to come up with a better reason than the one you just proposed, but I want it by the time you present Mr. Cruz’s deposition and I want you two to work out a stipulation of the facts in the event I rule against you, Mr. Tobin. Is that understood?”
Jack felt like he had been dealt a body blow to the gut, one that he hadn’t anticipated and should have. He had no case law to support his argument and no time to do any research. He needed that video for its emotional impact. The jury had to see Geronimo Cruz—to understand what he did and how he did it—in order to understand what happened to Rudy and just how malicious the defendants’ actions had been. Reading a stipulated statement of facts would not suffice.
“Is that understood, Mr. Tobin?” Stanton repeated in a firmer tone.
“Yes, Your Honor.”
“Okay, let’s go into the courtroom.”
The judge walked into the courtroom with them. There was no formality today. When everyone was seated he admonished the spectators as he had done the day before. Then he told the bailiff to bring in the jury.
Jack was out of sorts for another reason as well. He had checked with the bailiff and Maria had not arrived. He was going to have to start the day with Charley Peterson as his first witness.
Charley was wearing an olive green suit and he looked perfectly calm as he walked forward, stood in front of the clerk and took an oath to tell the truth.
“Would you state your name for the record?” Jack began.
“Charles Nickleby Peterson.”
The Mayor of Lexington Avenue Page 34