by Noel Obiora
“No.”
“You did not write the report that way to create a connection between the club and this case that supports your subpoena?” Kenneth asked.
“No, sir. We were just writing the information we received.”
“What did you find at the office when you searched it?”
“We did not find anything.”
“You mentioned earlier that Mr. Jackson’s boots were hidden at the time you found them, right?”
“Yes, sir.”
“Hidden where?”
“They were on top of the closet, inside a bag, behind a bunch of old boxes.”
“How do you know that isn’t usually where he keeps them when he intends not to wear them for a while?”
“Who puts shoes he just wore on top of the closet?”
“How expensive were those shoes, Officer, do you know?” Kenneth asked.
“I don’t know.”
“Would it surprise you if I told you that they were nine-hundred-and-fifty-dollar shoes?”
“No.”
“Have you ever had friends who try to borrow your expensive shoes when they see them lying around your house?”
“No, not personally.”
Kenneth and Fritz went back and forth through the next break. Kenneth asked him about the people who claimed they were at the club that night but did not see Paul Jackson. Showing Officer Fritz the layout of the club, Kenneth asked him about the number of people at the club on that Thursday night, the locations of the doors, and where the people he claimed to have talked to were seated. Kenneth wanted to know how Fritz chose his witnesses from the club out of the capacity crowd, and where he got their names. Fritz explained that they talked to the bartender, and the bartender identified some regulars he had noticed at the club that night. Then the police followed up with those regulars. The bartender also said he did not see Paul that night, the doorman did not, and the guard did not.
“These men are not exactly a bus load of nuns, Officer; did you ask them what they had to drink that night?”
“The bartender said he didn’t drink at work,” Fritz said, then perhaps thinking Kenneth might have potentially contrary, information, quickly added, “the others said they didn’t drink much.”
Many in the courtroom chuckled, and several jurors smiled.
“But they didn’t tell you what they had had to drink?”
“No, sir.”
“Did you actually talk to anyone who said they saw Mr. Jackson there?”
Fritz was quiet for a brief moment before he responded.
“Yes.”
“Who was that?”
“Mr. Stone.”
“Thank you, Officer,” Kenneth said. “I have nothing further.”
Amy was quickly on her feet.
“Who is Mr. Stone?”
“His full name is John Goldstone. They call him Big.”
“Could you describe him?”
“Yes, he is African American, about six feet four, three hundred pounds or more, has a slight mark above his right eye, and sometimes wears a beard,” Fritz said. After this description, almost all the jurors glanced over at the empty seat next to Josephine where Big usually sat when he was in court. Kenneth recalled that Big had gone on the quest to get information on Rachel Johnson.
“Why did you think the defendant’s alibi did not hold up despite Mr. Stone telling you he saw Mr. Jackson at the club?”
“Mr. Stone. He has a rap sheet that’ll go from me to you five times over. He is also the defendant’s business partner.”
“Were there surveillance cameras at the club?” Amy asked.
“Yes, but Mr. Stone said they weren’t working.”
“Objection to the hearsay,” Kenneth said, standing up. Although the response was favorable to Paul, he had accurately contemplated Amy’s next question.
“Notice, your Honor,” Amy said citing an exception to the hearsay rule. “The statement was being made to establish how the officer was put on notice of the fact.”
“Overruled, you may proceed.”
“Did you ask anybody else about the cameras?”
“The bartender said they were working.”
“Same objection,” Kenneth said, standing up.
“Same ruling, counsel,” Judge Barney repeated.
“Earlier, when Mr. Jackson was examining you—” Amy began to say.
“Mr. Brown,” Fritz corrected her.
“Excuse me?” Amy asked apparently unsure what Fritz was saying.
“You said Mr. Jackson was examining him when you meant Mr. Brown’s examination. He was correcting you,” Judge Barney explained.
“Oh, I’m sorry,” Amy said, blushing visibly, and turned to look at Kenneth. He was not looking at her, but Paul was, and grinning.
“I’m sorry, again,” Amy said.
“It is a common mistake,” Judge Barney said without a trace of irony. “Go on, counsel.”
“Earlier, when you were being examined by Mr. Brown, defendant’s lawyer, you started to say why you felt the shoes were hidden, do you recall that?” Amy asked.
“Yes.”
“Could you tell us why you felt the shoes were hidden?”
“Yes, ma’am. It’s not my experience that someone keeps shoes that high up above a closet, and even then behind a bunch of stuff when they had just worn the shoes a few hours earlier. There were other expensive shoes on the floor of the closet.”
Amy concluded her further examination with this answer from Officer Fritz.
Kenneth stood again to cross-examine Fritz.
“Officer, when you were describing Mr. Stone, you mentioned that he was African American and I realized I had not asked you what race or ethnicity were the other witnesses you spoke to. Was the bartender who told you that Paul was not there African American as well?”
“No, he was white, but the other witnesses we spoke to were African Americans. Mostly.”
“Mostly?”
“There was one Caucasian among the people attending the club that I spoke to.”
“And they told you he was a regular?”
“No, he was visiting with the bartender that day.”
“So, you separated the milk from the chocolate drink just to get the taste you preferred?”
“Objection,” Amy said.
“I will withdraw the question,” Kenneth said and continued without looking at the judge or giving him an opportunity to rule on the objection. “Officer, did you check the rap sheet of these witnesses you spoke to as well?”
“No.”
“So, you don’t know if the bartender had a rap sheet longer than Mr. Stone?”
“No.”
“And you don’t know if his friend, the only other white person in the club that night, had a rap sheet?”
“No, sir, I don’t.”
“Nothing further, your Honor.”
Amy shook her head to indicate she did not have additional questions. The court had barely one hour left before recess for the day. Amy called the doorman on duty at Cool Jo’s Café the night Goldie Silberberg died and asked him what his duties were and several questions that confirmed Fritz’s conclusions about the club that night, then gradually developed her questioning to where she asked the doorman if he had seen Paul at Cool Jo’s Café. The doorman said he hadn’t seen Paul Jackson that night.
Kenneth asked the doorman if he was an off-duty policeman from another city. He confirmed that he was a policeman in the city of Inglewood. Kenneth asked if he belonged to an order or fraternity of active and retired police officers, and he said he belonged to such a fraternity. Thus concluded Kenneth’s cross-examination of the doorman.
Amy asked to approach the bench, anticipating that Judge Barney was about to recess for the day.
&
nbsp; “Do we need the jury for this?” Judge Barney asked and excused the jurors after Amy said they were not needed.
Amy handed Judge Barney the folder on Rachel Johnson and pointed out that she believed the defense was planning on using it to impeach Didi Pare improperly. Judge Barney reviewed the file calmly, and asked Amy to bring a formal motion if she wanted to exclude the folder from the trial.
•••
Once they returned to their tables, Amy walked over to Kenneth, eager to talk to him before the sheriff led Paul away. Gonzalez stood behind and waited.
Paul turned away from his family just behind the defense counsel table where he was talking to them to look at Amy.
“Hi, counsel,” Kenneth said.
“I want to apologize again for that slip I made earlier, calling you Mr. Jackson.”
“Don’t worry about it.”
The sheriff’s deputy started putting handcuffs on Paul to lead him away, and Amy noticed that Paul was watching her attentively.
“Excuse me,” Kenneth said and turned to say some parting words to Paul. The expression on Paul’s face suddenly was as unfriendly as Kenneth had ever seen it. Amy and Cassandra, whose glances followed Kenneth, looked at each other. The sheriff led Paul away.
The day in court felt like a disaster to Amy, especially because she had called Kenneth Mr. Jackson. It filled her with shame. How she found the decorum to resume her examination of Fritz as though the mistake had not felt like a sacrilegious slur from a pulpit, surprised her. Judge Barney’s comment had not helped, and the satisfaction Paul seemed to get from the mistake when she saw him smiling felt worse than the mistake itself. Everything about the mistake was illuminated in the worst light she could imagine. Of course, it could all be nothing and no one thought anything of it, she thought for a second. Her shame must mean that at least one juror saw it in the same light as she did.
“What was I thinking?” Amy asked herself, and though she searched her intentions earnestly, she could not find any explanation. “What does it mean?” Nothing came of this question either. She sat in her office with her head down on her desk and hoped that this endless recollection that roiled inside her would pass after a while. Her face was buried in her palms when someone knocked on her door.
“Come in,” she called to whomever was at the door and heard the person open the door. When she did not hear the person speak, she raised her head and saw Melissa standing at the door.
“I came to see how your trial was going. That well, huh?”
“No, it’s okay, I think.”
“You are just exhausted?”
“Not really. I made a slip during my examination of the officer and called Kenneth Mr. Jackson.”
Melissa stood looking at Amy with a scrunched expression that suggested she was still waiting for the story.
“I didn’t even know I did it. The officer had to correct me. I felt so embarrassed.”
“It was an honest mistake…right?”
“Of course, but have you forgotten my affair with him?” Amy asked.
“Still?” Melissa asked.
“Can you close my door?” Amy asked. Melissa turned around and closed the door behind her and turned again to Amy.
“I’m pregnant,” Amy said. Melissa gasped. “Exactly,” Amy added.
“No shit. His?” Melissa asked.
Amy shrugged.
“Does he at least know that you are pregnant?” Melissa asked.
“He doesn’t know. I have not talked to him about anything personal since the preliminary hearing…like I promised,” Amy said.
“Forget what you promised. You are free now. You have handled this case like a pro and allowed Kate to face another trial. We release you of all the terms of your restrictions.”
“Thanks,” Amy said.
“Don’t forget the fact that they have both been sitting in that courtroom every day of the trial with you and this is the most stressful trial of your career yet.”
“I suppose you are right. I guess what was most embarrassing about it was that I did not know I had called him Mr. Jackson until the officer on the stand corrected me, and the judge explained it to me,” Amy said.
“Are you a Michael Jackson fan?” Melissa asked.
“Huge fan.”
“Then that is what you were thinking,” Melissa said. Oddly, Amy thought, it lifted her spirits to see it as Melissa had suggested. Then came a knock on the door.
“Please don’t tell anyone about my situation. I just wanted only you to know,” Amy whispered. Melissa nodded and opened the door. It was Kate.
“I heard a lot of hushed speaking and whispering, what are you two talking about?”
“She called Kenneth Mr. Jackson,” Melissa said.
“In bed?” Kate asked with a concerned look and Melissa started laughing. Amy’s face was red all over again.
“No, in court. Eewwww!” Amy protested and Kate started laughing as well. Watching them, Amy began to see the lighter side of the incident.
“Don’t be silly,” Kate said. “It only means that you miss him and the only thing that stands between the two of you is this son-of-a-bitch you can’t wait to get rid of so you can see him again.”
Melissa leaned back as if to get a clearer view of Kate, then turned to Amy and pointed both hands at Kate.
“There you go. That makes a whole lot of sense to me,” Melissa said.
Amy blushed even more and did not know what to say.
“I’ve got something better for you to worry about,” Kate said. Melissa left waving to Amy.
“What is it?”
“Your hunch was right. Mr. Pare’s test came back as a match for the semen on the bed.”
Amy picked up the phone and started dialing. Kate came further into the office and closed the door behind her.
40
If They’re Not Against Us…
Tuesday, the eighth day of trial, Neda was sitting in the hallway of the courthouse when Amy arrived in court, and she had said nothing about attending the trial when Amy spoke to her over the weekend.
“Is Thomas in the courtroom?” Amy asked Neda.
“He’ll come when trial resumes, so you won’t have to bother with him.”
“Can you tell him to make lunch reservations for us, somewhere close—but not the Intercontinental.”
“I will,” Neda said. As Amy turned to leave, she added, “You will be nice, right?”
“Of course.”
“Seriously, Amy. You screwed up.”
“You don’t think I know that?” Amy asked, suddenly emotional.
“You shocked me…” Neda said, both women looking right into each other’s eyes for a brief moment.
“I know,” Amy said and hugged Neda. “I shocked me,” she whispered to Neda before she let go and went into the courtroom.
Amy paraded the witnesses Fritz mentioned in his testimony through the proceeding. They were eight in all: the bartender, his friend, the doorman’s assistant, an officer from a private security outfit serving Paul’s neighborhood, and four bar regulars who were at the bar that Friday night. These witnesses would take the trial to Wednesday afternoon.
Helen Silberberg returned to court, this time with her rabbi, Eli Kollman. Amy was glad to see him, though she could not quite understand why it filled her with such relief, as if she could breathe easier with him present. She let him know that and requested that the judge reconsider letting Helen back into the courtroom. Judge Barney let her back in but directed Amy to make sure she was outside the courtroom whenever testimony that might be too emotional for her was to come up, and to ensure she did not do that in a manner that was suggestive to the jury. Helen thanked the judge and apologized profusely.
Judge Barney also informed the court that he would recess at noon on Wednesday, like he had
indicated to counsel last week, to address another matter.
Kenneth’s examination of Amy’s witnesses was minimal. The bartender confirmed he was introduced to the club by Goldie and that he had a rap sheet also, but only comprising of two crimes. He said two of the regulars Amy had called bought drinks on credit and owed the bar money. The private security officer was easily confused as to which house was Paul’s and how he came to that knowledge. Paul gave Kenneth most of the ideas he used to develop these questions. As the information he gave Kenneth proved effective, Paul became more animated in court, wrote more notes and questions, and demanded more explanations when Kenneth wanted to keep the questions short.
Amy avoided looking in the gallery while she was examining witnesses, afraid that seeing Thomas might make her emotional as every little thing seemed to do, especially when she had done something wrong or could have done better. Shortly before lunch recess, Thomas left the courtroom to the restaurant his office had found. They closed it to the public, so Thomas, Amy, and Neda could have it all to themselves for a couple of hours. When Amy walked into the restaurant and Thomas stood to receive her, she hurried toward him, holding back her tears until she embraced him and buried her face on his shoulder. “I’m sorry,” she said repeatedly and refused to let go of the embrace. Thomas seemed unsure what to do or say. Neda sat down and picked up the menu, never making eye contact with Thomas or Amy until they both sat down. Throughout lunch, they only talked about the trial and how it was going. Amy could not be sure what Thomas knew of her pregnancy or what he thought her relationship with Kenneth had become, nor was she willing to discuss either. She thanked Thomas for being a bigger man than their mutual friend Richard and asked for his forgiveness as they walked out arm in arm from the restaurant. They would talk more on the phone, they agreed.
•••
Cassandra was not available on Wednesday morning and by lunchtime, Paul was asking Kenneth if they could spend the lunch hour going over questions for Didi Pare, whom Kenneth mentioned might be following these witnesses. Kenneth declined, suspecting that Paul’s line of questions might have been informed by the information Big had obtained about Rachel. Pare would not be called on Wednesday because Judge Barney decided to recess early.