A Past That Breathes

by Noel Obiora

  “Just a couple of minutes.”

  “So, a man calls claiming to be Mr. Jackson, and you ask him what his business with the victim is, and he says that he is her boyfriend? Is that how it happened?”

  “No, ma’am.”

  “Please explain the order of the discussion.”

  “While we were at the apartment, we received calls and after a couple of hang-ups that we could hear on the answering machine, we decide to start answering the phone. Mr. Jackson called, and at first he was silent, then we asked if he was looking for Ms. Silberberg. He said he was. We say she’s not available at the moment and offer to take a message. He didn’t want to leave a message and said he would call back later. That’s when we asked him his name. He said Paul, and we asked if he was in a relationship with her and he wanted to know why we were asking him that question. So, we told him she was dead. Then he said he was her boyfriend.”

  “And during this call, Mr. Jackson also told the officers of the LAPD that the victim had been scheduled to play at the nightclub called Cool Jo’s Café that night?”

  “No, ma’am. I believe we got that from Ms. Johnson.”

  Cassandra then suggested that the officers were highly suspicious of Mr. Wetstone’s decision to go into the apartment on the day he discovered the body. Tse denied the allegation. Cassandra then examined Tse on the listening device, and he said it belonged to Rachel. She had obtained it from a set she worked on and Goldie asked her to put it in her room while Goldie was in London. Cassandra felt this examination was going nowhere fast and abandoned it.

  After the examination of Officer Tse, another officer whose specialty was serology took the stand and testified that she had the training and background necessary for collecting and testing crime scene evidence. She repeated much of what Dr. Kio had testified but was more certain than Dr. Kio that the blood found on the condom belonged to a different woman. She also testified as to tests on the traces of drugs found in the bedroom. Cocaine and methamphetamine were found in small quantities on the carpet by the bed, on the bed itself, and in the trash can.

  Cassandra elicited exhaustive testimony from the serologist on her background, education, training, and experience with the particular circumstance of this case, which they all admitted was unusual before she let them off the stand, shortly before the lunch recess.

  42

  Ms. Ola

  It came time for the last prosecution witnesses. Amy called Ola Mohammed to the stand. People v. Jackson had charted a course all its own, not quite the way Amy had expected or imagined it. A grinding work of meticulous attention to detail rather than an intellectual tennis of grand serves and returns between equally matched attorneys. She felt as though each fact, even when it was undisputed, had to be chiseled out of hard stone to an exact measure necessary to represent the guilt of the defendant.

  Ms. Ola, a diminutive woman of African descent took her place in the witness box. She spoke softly with a Caribbean accent and seemed honest even to Kenneth. She had a captivating smile. Paul Jackson had never seen her before. She testified that she worked nearby in Beverly Hills and lived farther away in the La Brea area of Wilshire Boulevard. She often went to her boyfriend’s apartment when she left work to wait out the traffic. On the day before Goldie died, she had left work early at about 2:00 p.m. and got to Armacost thirty-minutes afterward. Her boyfriend had been at home all day. Ms. Ola testified that she was in the living room at her boyfriend’s apartment shortly after she arrived, when she noticed Paul and Goldie arguing. On hearing that Goldie had been murdered, she recalled their argument the previous day and told her boyfriend about it. Ms. Ola testified that she was distraught because she couldn’t imagine Goldie dead.

  Even before Ms. Ola testified, Cassandra had wondered whether she and Kenneth should ignore her testimony. The thought recurred to Kenneth as Ms. Ola testified. The worst she had done was place Paul at the scene of the crime, which footprints, fingerprints, and DNA had also done. Amy had concluded her examination of Ms. Ola rather quickly, as she had done once or twice before with otherwise important evidence. Kenneth asked Judge Barney to give him a minute and turned to consult with Cassandra. Their new consensus was that Amy should not have the last word on this witness, and Kenneth had prepared some examination for her, anyway. “Keep it short,” Cassandra said.

  “Ma’am, you said you left work to go to your boyfriend’s apartment at midday?” Kenneth began.

  “Yes, I was sick and he convinced me to come to his place.”

  “Did you go back to work that day?”

  “No, I did not.”

  “And you never saw a doctor or went to the hospital for whatever was ailing you?”

  “No, I felt better after a while.”

  “And after you observed the argument between Mr. Jackson and Ms. Silberberg, did you see Mr. Jackson leave?”

  “Yes, I saw him walk out of the apartment.”

  “What about the man you said walked in as Mr. Jackson and Footsie were arguing?”

  “No, but I went to lay back down on the couch.”

  Kenneth rested with this response, but Amy had anticipated it.

  “Ms. Ola,” Amy began, “did you speak to Goldie after she had argued with the defendant?”

  “Yes, she came out to the veranda and I asked her if she was alright.”

  “She said, ‘Yeah…don’t worry about him, I made sure my friend would be here when he came.’”

  “So, she said the man who walked in on them was a friend of hers protecting her?”

  “That was how I understood it.”

  “Nothing further,” Amy said.

  •••

  “Mr. Jackson, could you please rise?” Judge Barney directed. Paul stood up, and so did Kenneth and Cassandra with him.

  “I am informed by your counsel that upon their advice as your representatives in this action, you have decided not to stand witness against yourself according to your Fifth Amendment right?”

  “Yes, your Honor,” Paul answered.

  “You do so voluntarily, without coercion or intimidation, freely and fully understanding your rights and choosing to follow your counsel’s advice?”

  “Yes, your Honor,” Paul said.

  “Thank you, Mr. Jackson.”

  Paul, Kenneth, and Cassandra sat down.

  “Will the People call their next witness, please,” Judge Barney directed.

  “The People rest, your Honor,” Amy said.

  Judge Barney turned to the jurors and explained that the defense had a motion they would make directly to the judge, as a result of which the trial would resume at eleven o’clock on Monday morning.

  “Counsel should be prepared to give me a draft of jury instructions, including special instructions on the People’s case, and we will supplement them at the conclusion of the defense’s case,” Judge Barney directed.

  Outside the courtroom, Cassandra and Kenneth spent more than an hour explaining the day’s proceedings to Sister Ramatu and Mallam Jackson. They were all happy about the work Kenneth and Cassandra had done.

  •••

  It had been the longest week of the trial for Amy. When Officer Gonzalez offered her a bet that she had won her first murder trial, she realized that though she had often felt like she was left alone to sink or swim, she had not tried the case alone. Her efforts to keep the affair with Kenneth and her pregnancy from the others at the office had forced her to insulate herself emotionally from Gonzalez, Fritz, the paralegals, secretaries, and messengers, all of whom had worked very hard on the case. Amy stopped just short of crying, she was exhausted and felt her muscles relax. She had often been close to tears since the pregnancy.

  43

  An Invigorated Defendant

  On Friday night, Paul Jackson had a change of heart. He wanted to testify. Big delivered the news to Kenneth that night,
and Kenneth was livid.

  “The man has a right to speak up about what they accusing him about. What you mad about?” Big asked.

  “He told the court in front of a jury that he was not going to testify. How do you think the jury is gonna see this change of heart?”

  “I think they’re gonna like him for it.”

  “Why, Big? We’re saying there isn’t enough evidence to connect him to this crime, and he wants to hand himself over for them to cross him and try to make the connection?” Kenneth asked with a sneer.

  “I may not be a lawyer, but I know I’m good enough to be on that jury. And if I’m on that jury, I’m gonna want to hear what Paul’s got to say for himself.”

  “And you’re just going to trust the lawyer trying to put him away for life to ask him real nice and not trip him up?”

  “It don’t matter what the lawyer’s got to ask, as long as he’s innocent, right?”

  “It does, Big. Innocent people end up in jail all the time. You should know that more than anyone else.”

  Big looked at Kenneth, then looked up at the ceiling with his arms akimbo before he spoke again.

  “You ain’t that dumb of a nigger, Kenny,” Big said and walked out of the suite.

  Nancy was in church, and Kenneth was left alone to contemplate what it meant for Paul to testify. He called Cassandra about the new development and was surprised by Cassandra’s indifference to the situation.

  “I’m sure he understands the consequences. We just have to remind him again and then find a way to help him through it. The key is to get him to let us in on what he’s thinking as honestly as he possibly can,” Cassandra said.

  “Let’s hope he really understands the consequences,” Kenneth replied and hung up the phone.

  •••

  On Monday morning, Kenneth went into court early to see Paul regarding his decision to testify, but not to dissuade him. Paul was adamant.

  “I would rather go down like a man than hide behind my lawyers, Kenny.”

  “I just want to understand so we can be ready to back you up. What do you see in the case that you can change with your testimony, or add to it?”

  Paul merely shrugged his shoulders. “I don’t have anything else to tell them but the same thing I’ve told you. I didn’t do it.”

  Judge Barney called the case promptly at 9:00 a.m. for the motion on the directed verdict and learned of Paul’s change of mind. Inside the courtroom, as Amy arrived and was setting her files down on the prosecution’s table, Cassandra walked up to her and told her that Paul had changed his mind and decided to testify. Kenneth was still in holding with Paul at the time, and Gonzalez was standing next to Amy. Amy thanked Cassandra but showed no emotion about the news. Gonzalez pumped his fist, and patted Amy on the back, grinning.

  “It means we have to reopen the case for the prosecution, and the defense can’t argue its motion this morning. So where does that leave us, besides losing a day of trial?” Judge Barney inquired. Eager to avoid blame for the break in proceedings, Kenneth noted that the judge had asked the parties to work on jury instructions as well.

  “Well, that, too, would be a half-baked effort. You could have a completely different set of special instructions than what you come up with today because the defendant testified. So, it’s better to leave that as well until we hear his testimony,” Judge Barney said.

  “Your Honor, perhaps it has all just worked out well, because we gave the defendant the weekend to make up his mind some more, just so we don’t have him changing it again on appeal,” Amy said.

  “I agree with you, counsel. I can see you’re not encouraged by this development, though. Technicalities aside, I would think that you would take the offer with both hands,” Judge Barney said.

  “I am, your Honor, but I’m afraid I may also be a bit under the weather,” Amy explained.

  “We will adjourn until eleven o’clock then. I hope you feel better,” Judge Barney said to Amy. Paul went back to his cell, leaving Kenneth and Cassandra to prepare for his examination. They called in Omar Jones.

  •••

  Amy had woken up at about 3:00 a.m. vomiting but recovered enough to go back to sleep. Days earlier, she was not only ready to examine Paul Jackson, she was looking forward to it, she told Kate. On this Monday morning she was not as prepared and scrambled between 9:00 a.m. and 11:00 a.m. to refresh her knowledge of what she had prepared before.

  Officers Fritz, Alvarez, and Tse stood in the audience at the far back. Kate and Melissa came down with Amy to observe the examination of Paul Jackson. Neda also was in court again as was Alana who had decided to return to court after Amy told her that she was throwing up the previous night. Helen assured Alana that she would not break down again in court, and Rabbi Eli promised to make sure that she didn’t. Big gave up his seat to sit on the bench in the hallway outside the courtroom all by himself. The courtroom was full.

  Omar joined Kenneth and Cassandra, as he had agreed with Kenneth to represent Paul when he testified. When Big delivered the news that Paul wanted to testify on Sunday, Kenneth reached out to Omar, who was glad to oblige. He visited Paul in the holding cell as well but claimed he did not get much out of it either.

  All three lawyers stayed at the counsel table, because space would open up when Paul went to the witness stand.

  “Ladies and gentlemen, we had a new development this morning when the attorneys and I met in your absence. The district attorney will be reopening her case because the defendant has changed his mind and decided to testify. Will the People call the next witness?”

  Paul Jackson took the stand. He wore a dark blue suit, sky blue shirt, and a yellow tie with tiny black spots all over it. After Paul was sworn in, Amy stood up.

  “Good morning, Mr. Jackson.”

  “Good morning, ma’am,” Paul responded with a slightly cracked voice and cleared his throat immediately.

  “When did you last see Goldie Silberberg before she died?”

  “I saw her the afternoon before they said she died.”

  “That would be January 5, 1995, a Thursday afternoon?”

  “I believe so, yes.”

  “And where did you see her?”

  “I saw her at her apartment.”

  “You told LAPD officers that you could not recall the last time you saw Ms. Silberberg when they questioned you only two days after you now claim you saw her, did you not?”

  “I don’t recall what I told them that day.”

  “Do you recall the officers asking you if you had been anywhere near her apartment at all the day before she died?”

  “I don’t recall that. They barged into my house asking all kinds of questions and trying to search my house without telling me what they wanted and what it was I did wrong.” Officers Tse, Fritz, and Alvarez exchanged glances standing against the back wall of the courtroom, and some jurors saw their reaction because they immediately turned their attention to the officers as Paul spoke.

  “So, your testimony today, almost five months after the day Ms. Silberberg died, is a better recollection than what you told the police barely thirty-six hours after she died?”

  Omar objected, but Judge Barney overruled the objection.

  “Yes, ma’am, I have had some time to think about everything since it happened. I’m sure of my testimony today.”

  “In fact, you’ve had a very long time to think about this and other things you will say in your testimony here today, have you not?” Amy asked.

  “Objection,” Omar interjected again.

  “Overruled,” Judge Barney said.

  “No, ma’am, I’ve just been wondering why this is happening to me.”

  Every time Paul opened his mouth to answer one of Amy’s questions, Kenneth readied himself for a disaster. When that failed to happen, Kenneth took a deep breath, but he maintained
his outward composure. Meanwhile, Amy seemed to gain strength with every passing question.

  She divided her examination into time periods that seemed very easy to remember. After examining Paul on his activities between 9:00 a.m. and 11:00 a.m. that Thursday, she examined him on the next block of three hours, and continued until the end of the day, 11:00 a.m. to 2:00 p.m., 2:00 p.m. to 5:00 p.m., and 5:00 p.m. to 8:00 p.m. In each time frame, Amy identified a witness who contradicted Paul’s testimony in the courtroom.

  In the 5:00 p.m. to 8:00 p.m. time frame, Paul explained that he went to the club early, entered with his own key, and went into the office to work. He left about 11:00 p.m.

  “Why was it that nobody saw you leaving that night?”

  “I’m sure somebody saw me. I told my partner I was leaving.”

  “By your partner you mean Mr. Stone?”

  “Yes.”

  “Does he also go by the name Big?”

  “Yes, ma’am.”

  “Was Mr. Stone the only person who saw you that night?”

  “No, there were lots of people in the club.”

  “But none of the people we asked saw you. Can you tell us why?”

  “I wish I could tell you, ma’am. Usually people are seeing me in places I haven’t been to. People see my lawyer Mr. Brown and call him Mr. Jackson.”

  Amy paused in her examination to look at Kenneth for a moment, then turned to look at Paul.

  “You look nothing like your attorney, Mr. Jackson,” Amy said, “but you do look like this guy here.” She produced one of the pictures from the Bank of America ATM and unveiled a large copy of the picture on the easel for the jury. “Is this you?” Amy asked.

  “Yes, ma’am,” Paul said.

  “This was taken at the Bank of America branch on Wilshire Boulevard at 12:04 a.m. on Friday morning. On Thursday night, you went to Santa Monica to see Ms. Silberberg again, didn’t you?” Amy asked.

  “No, ma’am.”

  “Your testimony is that you left the club in Downtown Los Angeles and went all the way to Santa Monica Boulevard just to get money from an ATM?”