by Iris Bolling
James stood, then walked over to his window. That was the testimony he could not allow. He would not subject his son to a courtroom discussion on his paternity. He felt her presence before she said a word. He could feel her concern from the doorway. "I'm all right."
"No, you're not, James Brooks, and you should be ashamed of yourself for trying to lie to your wife," Ashley teased as she walked over to join her husband at the window. "Problems with the case?" she asked as she walked into his arms and leaned into his chest.
James took a deep breath. "I think the prosecutor is going to try to call James Jr. to the stand."
"For what, he doesn't know anything about Connie's death."
James hesitated, then explained, "They are going to try to put Vernon's character on trial. They know about Katherine and Vernon. They are going to try to prove that Vernon slept with his own brother's wife and even went as far as to father a child with her. What kind of brother would do that?"
A concerned Ashley looked into her husband's worried face. "How do they know about that? No one outside the family knows."
"Connie knew. Vernon told me, Isaac threatened him with the information once before."
"Damn her soul," Ashley cursed. "I swear if she wasn't already dead I would kill her myself." She pulled out of her husband's arms. "If James Jr. is called as a witness I might just dig her ass up and kill her again."
James chuckled as he pulled her back into this arms. "Come here, wild woman." He kissed her temple and she snuggled back in place. "I won't let that happen."
"I don't want him or any of the children pulled into this mess."
"I know. I don't either. We'll see what happens." He took her hand. "Come on, let’s go to bed."
Chapter Thirteen
The courtroom was packed. Every seat in the room was taken. At the prosecution table sat Neal Kirkland, Joelle Michaels, and Bruce Murdock. At the defense table sat James Brooks, Wade Logan, and the defendant Vernon Brooks.
"Please rise for the Honorable Madeline Silvio. Court is now in session," the Bailiff stated as Judge Maggie took her seat at the bench.
"Good morning. Please be seated. Before we bring the jury in, are there any motions that need to be heard?"
Neal and James both stood. "No, Your Honor."
"Good." Judge Maggie nodded to the bailiff. "Let's bring the jury in."
Vernon watched as each juror took their seat. He and James had taken care to select jurors they believed would not hold their wealth or prestige against them. Contrary to what he said to Naverone the night before, he was nervous. He had been in court many, many times; however, this was the first time he had ever been in this position, on the other side of the table. He turned and looked behind him to his parents. Seeing both of them in the courtroom, knowing one should be with Nick, was all the indication he needed to know they were supporting him. It eased his concerns as his life was about to be played out before them, the jury and every person in the courtroom.
"Gentlemen, are we ready to begin?"
"The prosecution is ready, Your Honor."
"The defense is ready, Your Honor."
"Mr. Kirkland, I believe the prosecution is going first with opening remarks."
"Yes, Your Honor," he said as he walked over to the jury box.
"Good morning, ladies and gentlemen of the jury. I am District Attorney Neal Kirkland. Today we begin a trial that will encompass a number of issues. We're going to take you step by step to show you why Vernon Brooks killed his wife, giving you motive. We are going to prove to you the weapon found in Vernon Brooks’ hand was not only the murder weapon, but a weapon that was purchased by him, giving you the means. Then I'm going to show you how Vernon Brooks, with malicious intent, shot his wife to death, giving you opportunity. The three components needed to prove murder in the first degree. Motive, means and opportunity. Ladies and gentlemen of the jury. This is a simple case of a man who has gotten away with ruthless acts in his professional and personal life, which led him to believe he could take his actions a step further, and commit murder without any consequence. We are going to talk about a man with low moral character and more power and wealth than the average man like you or I would ever imagine. I want you to listen closely to the testimony of all the witnesses. Each witness will show you a heartless man who ignored his wife for years, threatened her and others on numerous occasions then used his power and wealth to carry out those threats. We are going to establish a propensity for violence that Vernon Brooks has established for years. We are going to talk about jealousy and greed. How his wife, Constance made a decision to leave him for another man. How Vernon Brooks pressured her to sign divorce papers. When she asked for more time to meet with her attorneys he became enraged. He wanted what he wanted then. Why? The man has more money than all of us combined in this room, with the exception of his brother. A younger brother whose accomplishments are larger than life and who Vernon Brooks has spent his life trying to upstage, but failing miserably. The answer may surprise you. Vernon Brooks was about to become wealthier than his brother, maybe even his parents. The last thing he wanted to do was to share half of his newfound inheritance with his estranged wife. So before she could speak with an attorney who may have discovered his new status in life, Vernon Brooks went to the home of his estranged wife, Constance Brooks, put a gun to her head and pulled the trigger." Kirkland stared at Vernon for a long moment then walked back over to take his seat at the prosecution's table.
"Mr. Brooks, you're up."
"Thank you, Your Honor." James stood. Unbuttoned his suit jacket, put his hands in his pockets, then calmly walked over to the jury box.
"Good morning, ladies and gentlemen of the jury. Thank you for participating in this process of justice. My name is James Brooks. I am the defendant, Vernon Brooks' brother. Now, I will tell you I am not a trial lawyer. I am a man who believes in the justice system and the total innocence of my brother. I frown on an attempt by anyone to twist the facts of a case for a personal or political agenda." He paced in front of the jury, looking into the eyes of each as he spoke. "There are a number of holes in the prosecution’s case. They are going to try to sway you with personal incidents that have taken place within my family." He stopped pacing and looked directly at the jurors. "Was my big brother a pain in my ass when we were growing up? Yes!" He laughed as some of the jurors joined him. "Was there sibling rivalry? Yes. Were there times when I wanted to kill him with my bare hands? Yes. I'm certain many of you have felt the same way about your brothers or sisters at one time or another. With all of that said, I know my brother Vernon Brooks to be a loving father and a fierce protector of his family. Were there problems between Vernon and Constance? Yes. Things between a man and his wife are often emotional and may lead to words of anger...words, but never violence. Actions of this nature may have taken place in your family homes as well. Do not allow family squabbles to sway your judgment on the evidence that will be presented. In order for you to find Vernon Brooks guilty of this horrendous crime, you will have to believe beyond a reasonable doubt that only he had motive, the means, and the opportunity to commit this murder. Only him." He pointed to Vernon, then looked back at the jury. "The prosecution wants you to believe that the motive behind this is money. That it is some type of competition between my brother and me." He shrugged his shoulders. “I don't buy it and neither will you. Vernon wants to be better than me." He laughed. "My brother is one of the leading criminal attorneys in this country. I'm a civil servant. My brother averages hundreds of thousands of dollars per case. I barely make $100,000 a year. I think it’s the older brother that’s winning. The prosecution mentioned Constance, my sister-in-law leaving Vernon for another man. I am here to tell you their marriage was in trouble from the beginning. I know because I was there. I also will prove to you that it was not Constance who left the house willingly. It was Vernon, who after twenty years of marriage, requested she leave. It was Vernon who purchased the home she was living in at the time of her death. And
it was Vernon who provided Constance with a monthly income to sustain the way of life she had become accustomed to. Let's talk about this inheritance mentioned by the District Attorney. The prosecution has indicated this was Vernon's motive for killing his wife. The defense contends the inheritance does exist. The defense will prove my client had no intention of accepting that inheritance. The defense will concede the inheritance is indeed the motive for the murder of Constance Brooks. However, it was not Vernon who needed to protect that inheritance. There is someone else who would kill to keep that inheritance. Reasonable doubt, ladies and gentlemen...reasonable doubt. When the evidence of this case is laid before you, I have no doubt you will find my client, Vernon Brooks, not guilty. Thank you for your time." James smiled at the jurors, tilted his head a little then returned to his seat.
"Mr. Kirkland, call your first witness."
"The prosecution calls Officer Jack Jamison to the stand."
Officer Jamison, dressed in his uniform, walked to the witness box, took the oath, then took a seat.
"Good morning, Officer Jamison."
"Good morning."
"Officer Jamison, could you please tell us your rank and how long you’ve been with the department?"
"Senior officer. I've been with the department for five years now."
"On the night of October 10th of this year, you were called to the residence of Constance Brooks, were you not?"
"Yes."
"Would you take the jury through what you found upon entering the home?"
"My partner and I received a call to report to the residence in question. When we arrived we heard a single gunshot inside the home. We both exited the vehicle, pulled our weapons and entered the house. Inside, we found a man standing over the body of a female, with a gun in his hand."
"Do you see that man in the courtroom today?"
"Yes, sir, I do."
"Will you please identify him?"
The officer pointed at Vernon. "The defendant."
"Let the record show that the officer pointed to the defendant Vernon Brooks." Kirkland stared at the jury before asking his next question. "Did you retrieve the weapon from the man?"
"Yes, sir, we did."
"Had the gun been fired?"
"Yes. We found gunpowder residue on the defendant’s hand."
"When you arrived in your patrol car you heard how many gunshots?"
"Only one."
"Did you find a bullet anywhere else in the house?"
"No, sir, we did not."
"What did you conclude from that?"
"The bullet fired hit the victim."
"No further questions for this witness." Kirkland took his seat. He did exactly what he needed. He established there was indeed a murder. He next established Vernon was found standing over the body with the murder weapon in his hand. As a bonus he established Vernon had fired the gun. "Your witness."
"Thank you, Officer Jamison, for joining us today," James said as he stood. "Officer, can you tell us who placed the call?"
"Dispatch indicated the call came from Vernon Brooks."
"Did dispatch give you any further information?"
"Yes, sir, they did."
"Would you tell the jury what dispatch told you?"
"Yes, sir. Dispatch indicated Mr. Brooks called in stating he had arrived at his estranged wife's home to find her door was open. He requested that an officer be sent to the location. They indicated Mr. Brooks would be on site when we arrived."
"Thank you. With the prosecutor you took us through the steps once you and your partner arrived on scene. Would you take us a bit further?"
"Yes. Once we entered the house we found Mr. Brooks inside. He immediately indicated to us that he did not shoot his wife. He stated someone else was in the house. My partner searched the house as I secured Mr. Brooks and retrieved the weapon."
"By securing him you mean you handcuffed him?"
"Yes, I did."
"What happened next?"
"Mr. Brooks informed me he had a phone in his pocket which recorded everything that took place since the call to the police department. I retrieved the phone from his pocket, spoke into the recording device giving my name and badge number, then turned the recording off."
"What happened after that?"
"My partner returned indicating the house was clear."
"And then?"
"Mr. Brooks indicated to me he heard the click of a gun. He picked the gun up off the floor and fired once in the direction of the sound. He indicated that was the shot we heard as we pulled up."
"Did you and your partner ever listen to the recording?"
"Yes, sir. We both listened to the recording."
"What did you determine from the recording?"
"The recording supported the statement made by Mr. Brooks. His voice narrated as he entered the house. He said, 'Oh Connie,' I believe. We heard a few steps then a sound in the background like the click of a gun. Then a shot was fired. At that point you could hear us running in."
"What actions did you take once you heard the recording?"
"I secured the cell phone, then stepped outside. I placed a call to my Captain and reported my findings. At that time he instructed me to release Mr. Brooks and continue with the investigation until the detectives arrived from the Homicide Division."
"Did you think Mr. Brooks had killed his wife at that time?"
"No, sir, I did not."
"Thank you, Officer," James said then took a seat.
Kirkland stood. "Redirect, Your Honor." He walked over to the witness box. "Officer, did you find anyone else in the home?"
"No, sir."
"Did you find a bullet hole or any indication that a weapon had been fired?"
"The dead body on the floor was a good clue."
"No bullet hole?"
"No, sir."
"And no one else in that home?"
"No, sir."
"So to the best of your knowledge on that night in question you heard one gunshot, and you found one bullet, the one that killed Constance Brooks. Is that correct?"
"Yes, that is correct.
"Thank you, Officer. No further questions."
"The witness is excused," Judge Maggie stated.
"The prosecution now calls Officer Bradley Mitchell to the stand."
Bradley Mitchell walked into the courtroom dressed in his police uniform. The bailiff administered the oath and Officer Mitchell took a seat in the witness stand.
"Good morning, Officer Mitchell, please tell us how long you have been with the department and your rank?"
"I've been with the department for two years. I'm still considered a rookie."
"Still very enthusiastic about your job, would you say?"
"Yes, sir, I am."
"You were on duty the night of October 10th riding shotgun with Officer Jamison, were you not?"
"Yes, sir, I was."
"Would you take us through the occurrence of the events as you recall them?"
"My partner and I received a call from dispatch indicating there was a suspicious situation and the person making the call requested police presence. When we arrived on scene we heard one single gunshot. We exited the vehicle, pulled our weapons and entered the open door of the residence in question. Upon entering, we found a man standing over a body with a gun in his hand. The man indicated someone else was in the house. My partner secured the suspect as I searched the house. I returned minutes later to let my partner know the house was secured."
"Do you see the man who was standing over the body with the gun in this courtroom?"
"Yes, sir, I do."
"Would you identify the man?"
"It was the defendant Vernon Brooks," Officer Mitchell replied.
"Now, Officer, when you searched the house did you find anyone else in the house?"
"No, sir, I did not."
"At that point did you and your partner secure your weapons?"
"Yes, sir, we did."
"Because you no longer felt threatened once the suspect was secured, isn't that correct, Officer?"
"Objection, leading the witness." James stood then retook his seat.
"Sustained. Please rephrase your question, Mr. Kirkland."
"Why did you secure your weapon at that time, Officer Mitchell?"
"The house was clear and the suspect was secured."
"Thank you, Officer, no further questions."
James stood, he approached the witness box. "Officer Mitchell, thank you for coming. Let's go back a bit," James said as he walked towards the witness. "You indicated you searched the house to ensure it was secure, is that correct?"
"Yes, sir, I did."
"Would you take us through step-by-step on how you did that?"
"Objection, Your Honor. The officer already testified that he checked to make sure the house was empty."
"Your Honor, I would like to know how thorough Officer Mitchell’s search was."
"Overruled," Judge Maggie stated. "I will allow some leeway here. Continue, Mr. Brooks."
"Okay, Officer Mitchell. Take us through your steps."
Mitch listened as Kirkland objected. He knew Kirkland did not want the jury to hear his testimony. But the truth was the truth. As he told Kirkland in his office, you cannot pick and choose what part of the truth you would and would not tell. He wasn't going to help them put an innocent man behind bars.
"I went through the house. I checked each room, all the windows, the patio door and the back door."
"Was the back door locked?"
"Yes, sir. At that time the back door was locked."
James looked at the jury. "At that time." He turned back to the officer. “Did there come another time that night when you checked the house again?"
"Yes. When the detectives arrived from the Homicide Division I walked Detective Burke back through the house explaining the events as they occurred."