by Iris Bolling
"What were your findings?"
"When I went through the second time the back door was unlocked."
"Did you mention this to Detective Burke?"
"Yes, sir, I did."
"What was Detective Burke's conclusion?"
"Detective Burke concluded one of the other officers must have left the door unlocked."
"Did you agree with that finding?"
"No, sir, I did not."
"Why not?"
"Sir, every officer, even rookies, know not to touch anything on the scene until the detectives arrive. You want the detectives to find the scene exactly as we found it. We don't touch or move anything before we release the scene to the detectives. I know what I checked that night. I know that back door was locked."
"What steps did you take next, Officer Mitchell?"
"My partner and I turned the scene over to the detectives and left the premises. I felt uncomfortable with the determination so the next morning I went back to the scene. I walked towards the back of the house and stared at the back door in the daylight. My partner, Officer Jamison walked up behind me moments later. I advised him of my concerns and was relieved to find he also had concerns. We decided to search the backyard. We walked the grounds inch by inch."
"What did you find, Officer?"
"My partner and I found several drops of blood."
"Where precisely were the blood drops found?"
"They were found leading away from the back door."
"Is it possible that the blood could have been there for months?" James shrugged.
"I am not a forensics expert. Neither is my partner. But it did not appear old, the blood droppings appeared fresh."
"Objection, Your Honor, speculation. As the witness stated he is not a forensics expert."
"Sustained. Rephrase your question, Mr. Brooks."
"Officer Mitchell, you found the blood droppings. What did you do next?"
"My partner called in the crime scene unit."
"Thank you, Officer." James started to walk away then he stopped. Turning back to the officer he asked, "When the blood from the sample was tested what did the crime scene unit determine?"
"I don't know."
"You were the first at the crime scene. You do not receive updates on the progress of the case?"
"That is the normal process," Mitch replied.
"You haven't been told of the outcome of the blood you found?"
"No, sir."
"Was the blood tested?"
"I do not know."
"Perhaps District Attorney Kirkland can tell us. Thank you, Officer. No further questions."
"Redirect." The judge nodded. "Officer Mitchell, isn't it possible one of the other officers in the house unlocked the back door?"
"Not likely but it is possible."
"Please answer the question that is asked. Is it possible that someone else opened that door?"
"Yes."
"Is it possible that the blood you found could have been there for weeks, months, or years?"
"It is possible."
"Thank you, Officer. No further questions."
"Officer Mitchell, you are excused. Call your next witness, Mr. Kirkland."
"The prosecution calls Detective Robert Burke to the stand."
Detective Burke came in dressed in a suit and tie. He took the oath and sat with authority.
"Detective Burke, how long have you been with the police department?"
"I was a patrolman for five years, special crimes unit for six years, and with homicide and robbery for the last 10 years."
"That's quite a wealth of experience, Detective. Let's talk about the night of October 10th. You were called to take over the murder scene at the residence of Constance Brooks. Take us through that night."
Burke testified to the call he received on the murder of Constance Brooks. He testified he arrived on the scene at approximately 11:45 p.m. at which time Officer Mitchell proceeded to walk him through the events of the night. "Once that was complete, I requested to speak with the suspect. I was told the suspect had been released per Captain Taylor's instructions."
"Was that unusual, Detective?"
"Yes it was and I was concerned about it at that time. However I have learned not to question my authority."
"Continue."
"I was told of the recording so I listened to it. Afterwards I continued on with the investigation, collected the evidence and then released the scene to the crime scene unit."
"What did you do then, Detective?"
"I returned to the station with the evidence. The first thing that I did was to have the weapon checked for fingerprints and registration."
"And what were your findings?"
"The weapon came back registered to the defendant, Vernon Brooks."
Neal picked up the gun off the evidence table and handed it to Detective Burke. "Is this the gun you ran the test on?"
"Yes, it is," Burke replied.
"And this gun is registered to the defendant, Vernon Brooks?"
"Yes, it is."
Neal put the gun back on the table. "What did you do at that point?"
"I cursed. We had a suspect in custody and we let him go. I went to my Captain's office. He was on the phone. I laid into him about having the suspect released before my partner and I had a chance to interview him."
"What did your Captain say?"
"He indicated that there were mitigating circumstances. The suspect’s brother had just been involved with the plane that crashed in the Potomac. I felt for the guy, but still we had a murder on our hands. We had a suspect in custody and we let him go. I then informed the Captain that the gun came back registered to Vernon Brooks. At that point his telephone rang and he answered it. When he hung up he indicated that the caller stated he heard Vernon Brooks threaten his wife earlier that day. He then told me to go pick him up. We found him at the hospital with his family and the other victims from the crash."
"What did you do at that time?"
"I arrested the defendant."
"Your witness," Kirkland stated then sat down.
"Detective Burke, thank you for coming today, sir. I only have a few questions." James walked over to the witness box. "You indicated Detective Mitchell walked through the scene with you. Is that correct?"
"Yes, that's correct."
"During the walk-through the two of you checked the back door, correct?"
"Yes, that is correct."
"Was the door locked or unlocked to your recollection?"
"The door was unlocked."
"Did Officer Mitchell mention any concerns about this to you?"
"Yes, he mentioned it."
"And what was your take on it?"
Detective Burke shrugged his shoulder. "It happens sometimes. Sometimes officers are not as careful as they should be on a scene. To be honest it wasn't something that I was concerned about."
"You weren’t concerned about it. Would it surprise you to know the next day the two officers returned to the scene and discovered blood droppings outside that back door?"
"No. I was advised when the crime scene unit turned in the samples."
"So samples were turned over to you?"
"Yes, I was the lead detective on this case."
"As the lead detective on the case did you have the blood droppings examined?"
"No."
"Why not?"
"I determined the blood was not pertinent to the case."
James looked at the jury. "Blood found at the scene of a murder and you found that not pertinent to the case?"
"Correct. The blood could have been there for any length of time. There was nothing to indicate it had anything to do with the crime."
"Do you think if you had the blood sample tested, it could have been eliminated for certain rather than on your assumption?"
"It could also have us running around on a wild goose chase. And we would have wasted time trying to chase it down."
"Or that g
oose chase could have found you a murderer. Detective Burke, did you turn the information about the blood over to the District Attorney’s Office?"
There was a hesitation in his answer. "No, I don't believe I did."
"Where is the blood sample now?"
"I can't say."
James looked up from the paperwork he was flipping through on his table. "You can't say?
"Objection, Your Honor. Asked and answered."
"The answer is unacceptable, Your Honor. All evidence, whether deemed pertinent or not, is to be accounted for with a chain of evidence sheet with the signatures of all officers involved." James looked from the Detective, to the District Attorney. "May we approach, Your Honor?"
Judge Maggie nodded. James and Neal walked up to the bench. "Mr. Kirkland, something doesn’t smell right. You want to put a fresh spin on this?"
"I have no idea what you are referring to, Your Honor. The District Attorney's Office doesn't handle the logging of evidence."
"Your Honor, the sample in question was taken by the crime scene unit, turned over to Detective Burke. I want to know where the sample is and why it was not tested. Better yet, have it tested."
Judge Maggie glared at Neal. "Mr. Kirkland, I want the blood work found, tested and the results in my courtroom in forty-eight hours. Continue with the witness, Mr. Brooks.”
James and Neal stepped back.
"I don't have the blood," Neal whispered to James.
"I suggest you find it," James replied. "Detective Burke, we're going to set the location of the blood aside for a minute. Let's talk about the cell phone collected the night of the murder. Do you know where that is located?"
"We returned it to Mr. Brooks."
"When was it returned?"
"A week or two after the investigation began."
"Why so long?"
"It took a while to locate the phone."
"As with the blood?"
"Objection, Your Honor," Neal yelled.
"No further questions for this witness," James replied then took his seat.
"You may step down, Detective Burke." Judge Maggie looked at the clock. "This is a good time to break for lunch. I would like to see the prosecution and defense in my chambers. We will adjourn and reconvene at 1:00."
Judge Maggie removed her robe the moment everyone was in her chambers. "Okay, gentlemen, talk to me about this blood. From the officer's testimony he is indicating the blood was found on the scene and was not tested or it was tested and the results were not sent to the defense." She looked up at Kirkland the moment she sat in her chair.
"Your Honor, we never had possession of the sample, however according to the detective the sample had no impact on our case."
"It may have been insufficient for District Attorney Kirkland's case, however it could be the very crux of our case."
"Was the blood tested, Mr. Kirkland, yes or no?"
"No. It was such an insignificant amount, Your Honor. An amount the size as indicated to us would only allow for one testing at our laboratory. We could send it to the FBI lab where they have the equipment. They may be able to save some of that sampling for the defense, Your Honor, however, that will be costly and time consuming. And for all we know have it has no bearing on this case whatsoever."
"We would like to have it tested at an independent laboratory. The chain of custody could be handled by one of my investigators and someone from the DA’s office. This could lead to another possible suspect and corroborate what my client has indicated all along. Someone else was in that house."
"Make it happen, Mr. Kirkland," Judge Maggie ordered. "I want the plan as soon as we reconvene. You are dismissed."
Outside the courtroom James pulled Genesis to the side. "I want you to see to it that the sample of blood is put in the right hands and we get a response back as soon as possible. See if you can get a sample of Isaac Singleton’s blood to compare. If my guess is right the test will come back as a 60 to 70% match to Vernon but a 100% match to Isaac. That may be all we need for reasonable doubt."
As Genesis walked away, he turned to Vernon and Wade. "Not a bad first day in court."
Vernon nodded. "True, but you better believe Kirkland is going to come back with all weapons loaded."
"Then we will simply use reflective shields until it is our time to go on the offense," Wade stated.
"What, all of a sudden you've turned into Captain America with the reflective shields?" Vernon laughed.
"Somebody has to play superhero while you are incapacitated."
James laughed as he patted Vernon on his shoulder. "Let's grab some lunch."
Chapter Fourteen
Kirkland stood. "The prosecution calls Isaac Singleton to the stand."
Vernon leaned over to James and whispered, "He's started with a bang."
James nodded as he watched Isaac Singleton walk up to the witness box.
The bailiff stood at the witness box with a Bible in front of him as he spoke to Isaac. "Please place your left hand on the Bible and raise your right hand." Isaac did as requested. "Do you solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God?"
"I do."
"Please be seated."
Isaac unbuttoned his suit jacket as he sat in the witness chair. He crossed his legs as if getting comfortable for an evening with friends. Then his eyes fell on Vernon. Neither looked away as the battle lines were established. Isaac's goal was to put Vernon under the jail and keep his billon dollar estate. Vernon's goal was to bury Isaac.
Neal Kirkland walked over and stood near the jury box. "Good morning, Mr. Singleton. Thank you for coming. For the record, please state your name."
"Isaac Singleton."
"Thank you. Mr. Singleton, please tell the court how you came to be a part of these proceedings."
"On the evening of October 10th I arrived home late from the office. I turned on the news. I heard of Constance Brooks' death and decided to contact your office with the information I believed to be pertinent to the case."
"You and I had never met before that phone call, is that true?"
"That is true."
"For the record you have never contributed to any campaign for the District Attorney’s Office in any way. Is that an accurate statement?"
"That is true. I'm not certain that I would vote for you."
"Fair enough." Kirkland laughed. "So there will be no question about full disclosure, you are the NBA player who was accused of manslaughter and found guilty a number of years ago?"
"Yes, that is correct." Isaac turned to the jury. "I served my time and made restitution to the young man's family." Isaac lowered his head then looked back up at the jurors. "I have no excuse for what took place. It was an immature act. As I told the judge then, I was young and stupid. My actions took that young man's life. There is no price that can be paid that will replace his presence with his family. However, I put provisions in place to ensure his family was provided for."
"Thank you, Mr. Singleton. Now, tell us how you came to know the victim Constance Brooks."
Isaac smiled as if remembering a pleasant time in his life as he looked at the jury. "I met Connie, that's what I like to call her. I always thought the name Constance was so stuck up and impersonal. That's the name the Brooks called her. That's why I used Connie. To show her I was different from them."
"Objection, Your Honor." James stood at his table. "Hearsay. He has no way of knowing what anyone in the Brooks' household called her."
"Sustained."
"I apologize, Your Honor. As I was saying, Connie had a beautiful, talented young daughter by the name of Taylor. Her stage name is Little Tay. She is...was an artist on my…what used to be my record label, B7 Beats. Connie was her manager. I met her during one of Little Tay's recording sessions."
"So you had a working relationship with Mrs. Brooks?"
"At first, yes."
"Did there come a time when you and Connie became friends?"
"Yes." He nodded with a smile. "We were at the studio together often. I have an appreciation for beautiful things and well...Connie was beautiful. We would talk about everything during that time. We had so much in common. Connie was like a breath of fresh air to me. We hung out at the studios and talked for days. We truly enjoyed each other's company."
"Did the relationship develop into something more than friendship?"
"Not for a while. Connie told me she was married and I did not want to disrespect her marriage. So I settled for her friendship. But as time went by we became more." His eyes honed in on Vernon. "We grew closer. I recognized that Connie had so much to offer. And well, after a time I fell in love with her and I believe she was in love with me."
"I take it you two talked from time to time about personal matters?"
"Yes." He looked up at Kirkland. "We did."
"During those conversations did Mrs. Brooks ever discuss her husband?"
"Many times. She was hurt by his neglect and I think, in some ways, she was afraid of her husband."
"Objection, Your Honor. Argumentative."
"Mr. Singleton, please answer the questions asked only. Do not add your commentary to your answers, do you understand?"
"I apologize. Yes, Your Honor."
"Mr. Singleton, would you just tell us what Mrs. Brooks said to you...not your thoughts?"
"Yes, of course."
"All right. What did Mrs. Brooks say to you about her husband?"
"Connie told me her husband barely had anything to do with her. She would be in the house in the one room that was granted to her alone. Sometimes she went days or weeks without seeing her husband."
"Did you believe her?"
"I did not, at first. But we spent days together and not once during the early part of our relationship did her husband or any member of her family other than her daughter ever call."
"Did you find that unusual?"
"For a husband and wife, I did."
"Was there anything else Mrs. Brooks shared with you regarding her husband?"
Isaac exhaled. "Yes."
"You seem disturbed. Did Mrs. Brooks share something about her husband with you that was disturbing?”
"Yes. She told me that her husband had an affair with his brother's wife. According to Connie, that affair resulted in a son."