“Yes, I did.”
“And what did he tell you?” This was an open-ended question in that it allowed Jefferson to narrate. Howie had told Marc exactly what happened so Marc knew what was coming.
“Objection, hearsay,” Harris said rising from his chair.
“Overruled,” Koch said before Marc could respond.
“Jimmy Oliver told me they had a nice talk, that Howie Traynor had converted to Catholicism and he forgave Jimmy for testifying against him for the murder of Lucille Benson.”
“Did Jimmy Oliver appear to believe him?”
“Yes, he did.”
Marc was a little tempted to go into greater detail about Jimmy Oliver being convinced Howie meant him no harm. It can be a trap lawyers sometimes cannot resist. Marc had obtained the admission he wanted that Jimmy believed Howie was sincere. He could now use that in his closing argument. To try to dig further could blow up in his face. Get what you need, shut up and move on.
“You testified earlier that three more single strands of hair were found on the body of Jimmy Oliver, is that correct?”
“Yes.”
“Did you receive the DNA report on those hairs and did they match Howie Traynor’s DNA?”
“Yes.”
“Detective, is it possible that those three hairs were planted on Jimmy Oliver’s body?”
Jefferson visibly squirmed a bit in the chair before admitting again, that it was possible.
Marc asked for and received permission to approach the witness. He stood, walked up to the detective and handed him a single sheet of paper.
Without returning to his seat Marc moved a respectful distance away from Jefferson and stood in front of the jury box.
“Detective Jefferson, I have given you a single sheet of paper marked Defense Exhibit Ten.” This was said to be clear for the court reporter’s record that Marc handed the witness something and exactly what it was. “Do you recognize it?”
“Yes.”
“Tell the jury what it is please?”
“It’s a page from a surveillance team log. It’s the one from the night of Jimmy Oliver’s murder.”
“Jimmy Oliver was murdered sometime between 11:00 P.M. when he went outside for a smoke break and 11:45 when his boss found his body in the alley, is that correct?”
“Yes,” Jefferson agreed.
“Read to the jury the highlighted entry made in the surveillance record you are holding, please.”
Jefferson looked at the paper then toward Harris hoping for a reprieve. When he did not receive one he read out loud the entry Marc referred to.
“12:17 A.M. per orders from Lieutenant Schiller, Lenoir and I knocked on subject’s door. Subject answered and appeared to have been asleep. Initialed by Natalie Musgrove,” Jefferson said.
“Isn’t it true that this is the surveillance team at Howie Traynor’s apartment on the night of Oliver’s murder and they went up to his apartment, knocked on his door and found him home and appeared to have awakened him?”
“Yes,” Jefferson admitted.
This testimony caused enough of a stir to elicit a banging of her gavel and another warning from Judge Koch.
“Later you walked from the crime scene to Howard Traynor’s apartment and determined it was possible he could have committed the murder then made it home in time to be there when Officers Musgrove and Lenoir knocked on his door and find him asleep. It was possible for him to have done that, is that correct?”
“Yes, that’s correct.”
He then moved on to question Jefferson about the search of Traynor’s apartment.
“While the CSU team was searching the apartment, you were basically observing, is that correct?”
“Yes, that’s true.”
“After a few minutes you walked down the hallway and found the door to the unlocked janitor’s closet?”
“Yes, I did.”
“You then went inside and discovered the stairs leading up to the roof?”
“Yes.”
“You went up on the roof, wandered around for a few minutes then found state’s Exhibit A, the wooden boards nailed together,” Marc said as he walked to the exhibit table and placed a hand on the boards. “Is that correct?”
“Yes,” Jefferson said.
“Mr. Kadella, return to your seat please,” Koch politely told him.
Marc sat back down before asking the next question.
“You then brought a CSU team member up on the roof with you and between the two of you, you determined that it was possible for someone to use State’s Exhibit A to cross over to the next building, isn’t that true?”
“Yes, we did,” Jefferson said.
“It’s possible,” Marc repeated.
“Yes.”
“Madeline Rivers told you to look in that janitor’s closet and up on the roof, didn’t she?”
The abruptness of this question caught Jefferson completely off guard. He hesitated long enough for everyone in the courtroom to believe the answer was yes.
“Yes, she did,” Jefferson admitted.
“Did she go into that building at your request?”
“No, she did not,” Jefferson almost defiantly answered.
The audience and jury noticeably stirred again only this time Judge Koch ignored them. A moment later the room returned to absolute silence while Marc considered his next move.
“While you were on the roof discovering State’s Exhibit A, Howard Traynor’s possible means of escape so you claim, a discovery was made in Mr. Traynor’s bedroom, is that true? State’s Exhibits B, C and D were found between the mattress and box spring of the bed, correct?”
“Yes,” Jefferson admitted.
“The coil of barbed wire, the wire cutters and leather gloves. There was DNA from Howard Traynor found inside the gloves, is that true?”
“Yes, there was.”
“Was there anything found on the other objects? Any DNA or fingerprints or fibers or any physical evidence of any kind tying them to Howard Traynor?”
“You mean other than the fact that they were found in his bed?”
“Yes, Detective,” Marc said while the audience chuckled at his mistake.
“No, there was not.”
“Did Father John Brinkley tell you anything about the gloves?” By this time the priest was again in attendance and seated in the front row directly behind Marc.
“Objection, hearsay,” Harris said.
“Your Honor, I can put him on the stand if need be,” Marc said pointing a finger at the priest.
“Overruled,” Koch said.
“Yes, he did.”
“He told you Howie Traynor had reported the gloves missing from the church where both Father Brinkley and Howard Traynor worked. He also told you he gave Howard Traynor money to buy a new pair, didn’t he?”
“Yes, he did.”
“Detective Jefferson, based on your experience as a homicide investigator, would you say that a person being killed by having their throat slit open from ear-to-ear would cause considerable blood loss and spraying from the wound?”
“Yes, and all of these victims did.”
Jefferson’s embellished answer was technically nonresponsive. Marc let it go because it actually helped make the point he was after.
“During the search of Mr. Traynor’s apartment, were there any items of clothing found with blood spatter on them?”
“Um, no, there were not,” Jefferson admitted.
“Any items of any kind?”
“No.”
“How about a knife? Was a knife ever found that matched the wounds of the victims?”
“No, it was not found.”
“How about the knife found on the body of Eugene Parlow, another one of your suspects when he was found murdered in an alley? Was that knife tested to see if it matched any of the victims’ wounds”
This was the first time Parlow’s death had been mentioned. Most of the people in attendance, including all of the jurors, did not kn
ow about this except for a few of the media people. Marc’s statement created a significant stir in the courtroom. Judge Koch hammered her gavel several times and it still took almost two minutes to get everyone settled down.
“Um, I’m, ah, not sure if that knife would match the victim’s wounds.”
“How about…” Marc began then caught himself. “Withdrawn. We’ll come back to Mr. Parlow later. Was any physical evidence, hair, fibers, blood, DNA from any source other than Mr. Traynor found in Howie Traynor’s apartment?”
“He must have been very careful,” Jefferson blurted out.
“Your honor, nonresponsive,” Marc almost yelled.
“Answer the question only, Detective. Don’t pull a stunt like that again,” she sternly admonished him. Koch turned to the jury and seriously said, “The jury will disregard that statement.”
Realizing the jury could not possibly disregard what they had heard. Marc decided to use it.
“You believe he was so careful that you didn’t find any hair, fibers, blood or any DNA but at the same time he was so careless that he left the barbed wire, wire cutters and gloves in between the mattress and box spring of his bed?”
Jefferson knew he had stumbled. He looked at Harris then Judge Koch for help.
“Answer the question,” Koch said. “You opened this door.”
“Yes,” Jefferson meekly answered.
“Was a Taser device found in the apartment?”
“No,” Jefferson admitted.
“Was any evidence found anywhere that could link the defendant to any of these crimes other than State’s Exhibits B, C and D?”
“No,” Jefferson had to admit.
Having scored a helpful point from Jefferson’s faux pas, Marc moved on to Howie’s car. During the course of his arrest, the car had been impounded and thoroughly searched. Included was a complete vacuuming of every inch of the trunk and the car’s interior. The detritus scooped up was analyzed under a microscope. Marc went over every part of this process and made Jefferson admit absolutely nothing was found.
Marc made sure Jefferson admitted nothing was found in the car connecting Howie to Elliot Sanders. Even though, according to the police, Sanders had been kidnapped and moved, there was no evidence Howie Traynor had anything to do with it.
“Isn’t it true, Detective Jefferson, that a canvas bag was found near the body of Eugene Parlow?”
“Yes,” Jefferson admitted.
Marc hit a button on his laptop and a photo of the bag appeared on the courtroom’s TV set.
“On the television screen,” Marc said for the benefit of the court reporter, “is a picture of a canvas bag. Is this the bag found near the body of Eugene Parlow?”
“Objection,” Harris said. “Lack of foundation. This may be a similar…bag. We have no way of knowing.”
“I am prepared to bring in the photographer and the CSU tech who witnessed the bag and the items being photographed if necessary, your Honor,” Marc said when Koch looked at him.
“Overruled,” Koch said. “You may answer if you know.”
“Yes, it appears to be the same bag,” Jefferson admitted.
Marc pressed the laptop button again and a coil of barbed wire took the place of the bag on the TV. This slide caused a noticeable gasp from the crowded courtroom.
“On the screen is a photo of a coil of barbed wire. It has a police identification tag on it. Was this barbed wire found in the bag?”
“Yes, it was.”
The next picture was of the gloves found in the bag, followed in order by the wire cutter then the hammer and nails. Marc went through the same questions to have Jefferson identify them as being in the bag. The final photo he displayed was of the handheld Taser. Marc identified it by its product name and number. Jefferson acknowledged that this item was in the bag with the others.
“Isn’t it true, that every one of the victims of the so-called Crown of Thornes Killer was shocked by a Taser such as this?”
“I believe so, yes.”
“Was such a device ever found that could be linked to Howie Traynor?”
“No,” Jefferson again admitted.
“Detective Jefferson, let’s go back to the janitor’s closet and the roof at the apartment. Did the CSU team go over the closet looking for evidence?”
“Yes, of course,” Jefferson admitted.
“Isn’t it true they found absolutely nothing in the closet to indicate Howie Traynor had ever been there?”
“Yes, that’s true,” Jefferson answered somewhat wearily.
“Isn’t it true they found evidence, including DNA that other people had been in the closet?”
“Yes.”
“But nothing of Mr. Traynor correct?”
“Yes.”
“How about the roof? Was it searched by the CSU team?”
“Yes.”
“Was any physical evidence found on the roof to confirm Howard Traynor had ever been up there?”
“Not on the roof of his building but we did find three cigarette butts on the roof next door of the same brand he smokes and with his DNA on them,” Jefferson blurted out catching Marc completely off guard.
The courtroom exploded.
FIFTY-FOUR
Marc sat slumped down in one of the cheap plastic chairs in the jail’s conference room. He silently stared at the top of the table between himself and Howie Traynor. Howie was seated opposite his lawyer looking like a school boy waiting for the principal to bite his head off.
It had taken Judge Koch a few minutes and a serious threat to have the courtroom emptied before order was restored. The first thing she did was to order Jefferson’s statement to be stricken from the record. She then spent several minutes instructing the jury to disregard Jefferson’s answer about the cigarette butts and DNA results. All the while Marc sat staring straight ahead seething at what had just happened and trying to act as if it was not a big deal. He was also trying to decide who he was madder at: Howie for not telling him this or Tommy Harris for keeping it from him.
The judge finished instructing the jury then turned to glare at Harris. If looks could kill, Harris would have been impaled on a stake.
“Your Honor,” Marc calmly said as he rose to address her. “The defense requests a conference in chambers.”
“Granted,” Koch said. “Deputy, please take the jury out.” She looked at the wall clock then continued. “In fact, we’re going to adjourn for the day.”
“Your Honor…” Marc started to protest. Koch just verbally kicked him in the groin by making sure the jury would contemplate the last thing they heard from Jefferson, the news about the cigarette butts on the roof next door. Even though Koch had ordered the jury to ignore it, to do so was highly unlikely.
“No, Mr. Kadella, that’s enough for today. I’ll see the lawyers in chambers.”
The three lawyers stood to follow her out while the media mob flooded through the exit. Howie was led away by the deputies without a word between himself and his lawyer.
“I want a mistrial,” Marc said while the judge hung up her robe and before the lawyers had taken their seats.
“What do you have to say for yourself, Mr. Harris?” Koch asked.
“Why wasn’t this information given to the defense?”
“We just found out ourselves, your Honor,” Harris whined in protest. “During the break I took a call in the hallway from the BCA. I haven’t even seen the report yet.”
“How did Jefferson find out?” Marc snarled.
“I guess, I, ah, told him,” Harris sheepishly admitted. “How could I know that would come up?”
“You only hoped it would,” Marc said.
“Mr. Ramsey, did you know about this?” Koch asked.
Harris’ assistant said, “No, your Honor. Like Mr. Kadella, I’m being treated like a mushroom.”
Koch turned her head back to Harris and said, “If I find out you’re lying, I will make it my life’s business to have you disbarred. And Craig Sloc
um, if I find out he’s involved.
“Now, as to a mistrial,” she continued. “I’m not inclined to grant one but,” she continued turning to Harris again, “you will not mention this again and the DNA results or any testimony about this again. Do I make myself clear?”
“Yes, your Honor,” Harris said.
“Judge,” Marc said, “that’s not good enough. My defense was based on the belief they had no evidence putting my client on that roof. Now I find out that’s not true and they kept it from me.”
“It’s my call and that’s it. Appeal away. We’ll pick up tomorrow morning.”
Marc looked up at his client and said, “I just spent an entire day scoring points for us and creating reasonable doubt. Then it all blew up in my face because the jury now knows you were up on that roof and used the plank bridge to go over to the building next door. Or, at least that is what it looks like and what they believe. Just like the cops say you did. Our whole case hinged on the cops being your alibi and now…”
He heavily exhaled while staring at a silent, impassive Howie Traynor. “I needed to say that to vent a bit. Let’s move on.”
Marc looked at Howie, spread his hands apart and asked, “Is there anything else? Anything you need to tell me? Why were you up on that roof?”
“I knew I was being watched and I went up there to check on them. I had to go to the building next door to see the cops in the alley,” Howie answered. “There’s nothing else, I swear.”
Marc pushed back his chair making a loud scraping noise on the floor. He stood and said, “Okay, I’ll see you in the morning.”
Howie took his usual seat in front of the television. Ever since his problem with the idiot in the bathroom, no one tried changing the channel when Melinda’s show was on the air.
The Court Reporter was shown live in its normal time slot of 4:00 P.M. Because of the extraordinary interest in Howie’s trial and the ratings the crass, opinionated Ms. Pace generated, it was repeated at 6:30. Fortunately, Howie was usually back from court each day by then to catch the rerun.
Melinda was finished with the report by Gabriella Shriqui from in front of the Government Center. Gabriella had related the day’s events including Owen Jefferson’s outburst about the cigarette butts.
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