Perfect Game
Page 25
“Everything’s great. I just wanted to let you know that Candace said the verdict from the mock jury is in.”
“Already?” The State’s jury consultant had convened a mock jury to watch the videotaped testimony from the case and provide feedback. They had been using this data throughout the trial to determine what components of their case they needed to reinforce.
“Candace figures the Defense is probably going to rest their case tomorrow after they ask Jake a few more questions, so she requested a verdict from the mock jury tonight.”
“And?”
“And they voted unanimously to convict.”
“That’s terrific news. Thanks for calling to let me know.”
“No problem. I…” he paused awkwardly. “I’ll see you in the morning.”
“See you in the morning.” Lauren was disappointed by the artificial distance between them, but was elated by the mock jury results. They were going to win this case after all.
Chapter Sixty-two
(Tuesday, October 3)
Pratt re-called Jake to the stand for redirect, but he asked only one question.
“Including jury selection, we have been in trial for nearly three months today. All of this time and all of this evidence is being used to answer one simple question. Mr. Wakefield, did you kill your wife?”
“No, I loved my wife and she loved me. I had no reason to want her dead. I could never have hurt her and I did not kill her.”
When Candace declined additional cross-examination, Lauren waited for the Defense to rest their case.
“Your Honor, at this time, the Defense would like to call Detective Ryan Boyd to the stand.”
Ryan stiffened in the seat next to Lauren. Candace was already on her feet, “Your Honor, may we approach the bench?” The judge assented and the lawyers huddled up with the judge for a private sidebar.
Lauren dared a glimpse at Ryan. He was staring at the sidebar with his jaw clenched. Whatever the Defense’s intentions were, it couldn’t be good.
The sidebar broke up and the lawyers returned to their tables. Candace looked tense, but the Defense lawyers didn’t look all that happy either.
Judge Robles spoke to Ryan. “Detective Boyd, you may take the stand now.”
Lauren knew the Prosecution had never prepped Ryan to testify. The State didn’t need to call him as there was nothing he could offer that Wallace hadn’t already covered. And nobody had ever guessed the Defense might choose to call him.
“Detective Boyd, you were one of the lead detectives in this case, were you not?”
“Yes.”
“In fact, you are still assigned to this case, correct?”
“Yes, I am.”
“You continue to track down leads on the case?”
“When the need arises.”
“And you also escort Miss Rose to court every day?”
“Yes.”
“Is that routine police protocol for criminal trials?”
“Not exactly, but this is hardly a routine trial.”
“Why is it necessary for taxpayer money to be spent to escort Miss Rose to and from court?”
“I’m acting on orders from my police chief. I guess you’d have to ask him.”
“He didn’t tell you why he wanted you to escort Miss Rose to court?”
“He told me he wanted to make sure she arrived to court safely. As I’m sure you know, the traffic at the courthouse can make that very difficult most days.”
“And yet the rest of us all manage to get here fine. Miss Rose is a licensed driver. I’m guessing she’s capable of driving herself to and from court?”
“Yes, I imagine she could, but there have been threats made against her because of the unsubstantiated accusations that Jake Wakefield levied against her in the press.”
Pratt looked pleased. “Some people are so convinced Miss Rose is guilty of this crime that threats have been made against her life?”
“Some naïve people that know more about unfounded accusations than they do about the evidence,” Ryan responded with some ferocity in his voice.
Lauren wasn’t aware of any death threats, but it didn’t surprise her. The press had initially crucified her. This explained why the Scottsdale Police Chief had been so insistent that she be escorted to court.
“So it’s fair to say you have spent quite a bit of time with Miss Rose during all of your commutes to and from the courthouse?”
“Yes, that would be fair to say.”
“I believe the two of you have dined together on several occasions?”
Candace objected but was overruled.
“We have lunch together almost every court day along with the Prosecution team and all of us have had dinner together a few times.”
“But you have also dined with Miss Rose alone, have you not?”
“No.”
“No?” Pratt asked in his exaggerated tone of incredulity.
“I haven’t eaten alone with La—” Ryan caught himself, “…Miss Rose unless you count snacks in the car or lunches at the courthouse.”
Pratt moved to enter something into evidence. It was the photo from the Arizona Republic article showing Lauren and Ryan at The Old Spaghetti Factory.
“Detective Boyd, doesn’t this photo show you and Miss Rose eating dinner alone?”
“No.”
“No?” Pratt’s voice went up an octave.
“I can see why you might think that, but we dined with the prosecutors that night. They left a bit earlier than we did because they had to get back to work. We stayed another five minutes at the most, finishing our meal.”
“Detective Boyd, have you become romantically involved with Miss Rose?”
Candace objected, “Your Honor, there is no evidence to support that question. This is nothing more than a fishing expedition intended to unfairly malign the reputation of my investigator.”
Robles sustained the objection and shot a warning look at Pratt. “Mr. Pratt, we discussed this in sidebar. You are only permitted to ask questions that are predicated on established evidence.”
Pratt looked back at the photograph of Ryan and Lauren in his hand, clearly looking for a way around the judge’s limitations. “Detective Boyd, when you look at this picture, wouldn’t you agree these two people appear to be in love?”
Candace objected again. Robles paused before issuing a ruling. “I will allow questions based upon the content of the photograph.”
Ryan answered. “Why? Because we’re smiling and laughing? I smile and laugh with a lot of people I’m not in love with. I think you’re making assumptions without evidence and I wouldn’t do that. So, no, I wouldn’t make that assessment based solely upon that photograph.”
“Detective Boyd, I would like to ask you a few questions about standard police procedure.”
“Okay.”
“Aren’t police officers supposed to maintain objective relationships with their witnesses?”
“Yes.”
“Wouldn’t it be considered inappropriate for a police detective to get intimately involved with a witness in one of his cases?”
Outraged, Candace objected, but was overruled. However, Robles did caution Pratt, “Tread lightly, Counsel.”
“Yes,” Ryan agreed.
“And aren’t you intimately involved with a witness in this case?”
Candace exploded and the judge was not far behind her. He sustained Candace’s objection and called for another sidebar. Lauren was afraid to look directly at Ryan for fear the jury would see. She looked instead at the sidebar, trying to catch a glimpse of Ryan in her peripheral vision. He looked anxious, which made her feel nervous for him.
Judge Robles addressed the room. “Ladies and gentlemen of the jury, Mr. Pratt has been trying to ask this witness some questions for which there is no basis in
fact. That is not permitted in a court of law. I strongly urge you not to consider these questions suggesting an intimate relationship between this investigator and one of the witnesses in this case.” Several jurors looked at Lauren when he said that. “There is no basis in fact to suggest any such relationship exists. Because Mr. Pratt has overstepped his bounds on more than one occasion, he is not permitted to ask this witness anymore questions at this time.” He turned to Candace. “Your witness, Ms. Keene.”
“Detective Boyd, you have been involved in this case from the very beginning, haven’t you?”
“Yes. The case was assigned to Detective Wallace and me as soon as it was called in as a homicide.”
“It was assigned to you before you knew the identity of the victim?”
“Yes.”
“Or the victim’s husband?”
“Yes.”
“Or the victim’s sister?”
“Yes.”
“So you knew nothing about Elizabeth Wakefield when this case was assigned to you?”
“Other than that she was married to the baseball pitcher, no I didn’t.”
“Detective Boyd, did you and Detective Wallace conduct a comprehensive and impartial investigation in this case?”
“Yes, we did. We took our time and investigated all credible leads.”
“And can you tell the members of this courtroom why Jake Wakefield was ultimately arrested for this crime?”
“Yes, we arrested him on the basis of the evidence. The time line, the DNA match, the blood spatter evidence, the inconsistencies in his statement. Jake Wakefield is the only person who had the means, the motive, and the opportunity to commit this crime. All of the evidence in this case points to Jake Wakefield.”
“Detective Boyd, did you maintain your objectivity in this case as you were investigating it?”
“Absolutely.”
“No more questions for this witness.”
Pratt requested another sidebar. Robles dismissed the rest of the courtroom for lunch while he met with the lawyers privately. Ryan looked solemn as he and Lauren walked back to the war room together in silence.
Once they were in the privacy of the war room, Lauren offered reassurances, “You did a solid job up there. Very composed.”
But Ryan shook his head. “They didn’t even ask me any questions about the evidence. They only wanted to know about my relationship with you. This is my first homicide case and I’ve botched it up for the prosecutors. The Defense knows about us somehow.”
Lauren shook her head. “No, if they had any real evidence, they would have introduced it. Candace is right. They’re just fishing. It’s that stupid article in the Arizona Republic. I thought it was funny at first, but not anymore. I’m going to call that reporter and demand a retraction.”
She called on her cell phone. As soon as she identified herself by name, the receptionist seemed more than eager to put Lauren in contact with the reporter who had written the story. “Yes, Dr. Rose, why don’t I take your phone number and I’ll have him call you?”
“I bet he’ll call me. And call me and call me and call me. Why don’t you give me his number and I’ll call him?”
“I’ll have to check with him to see if I can give you his number.”
“Yes, you do that.”
The receptionist called back in a matter of seconds, offering all of the reporter’s contact information to Lauren. “He said you could call him any time.”
Lauren blocked her phone number before making the call. The reporter, Doug Collier, picked up the call on the first ring. Lauren didn’t waste any time, “Your juvenile sexual innuendoes are putting this entire case in jeopardy. I want you to issue a retraction in tomorrow’s paper or I am going to sue you for libel. Is that understood?”
The reporter was extremely conciliatory. “I’m so sorry. I didn’t mean to cause any trouble. I’ll ask the editor about printing a retraction.”
“I want it on the front page, front and center, just like the article was. Tomorrow!”
“I’ll see what I can do.”
“Just make it happen.”
Lauren hung up, still feeling dissatisfied. Ryan looked miserable. Candace stormed into the room with Kyle trying to keep pace behind her, slamming the door before confronting Ryan, “Pratt asked Robles for permission to subpoena your cell phone records. For the love of God, please tell me there’s nothing incriminating on your cell phone.” Ryan looked uncomfortably at Lauren. Candace immediately interpreted that look correctly, exploding at Ryan, “Were you born yesterday? You better hope and pray Robles doesn’t grant that subpoena. He’s researching the matter over lunch.”
Candace shoved her salad aside and ate Ryan’s Philly cheese steak sandwich instead. Ryan ate Candace’s salad without complaint and nobody said another word over lunch.
Chapter Sixty-three
(Tuesday Afternoon, October 3)
They filed back into the crowded courthouse for afternoon session. The clerk announced the judge was still reviewing the motion before him and court would be delayed. Reporters tapped into their electronic devices, Jake laughed with his lawyers, Candace was writing furiously at the Prosecution table. Lauren and Ryan sat silently side by side, Lauren fervently hoping for a favorable decision from the judge.
Finally, the court clerk returned. “Hear ye, hear ye, court is now in session. The Honorable Judge Robles presiding. All rise.” Everybody stood up as Robles ascended the bench.
“We are back on the record in the Wakefield matter. After considerable research into the issue before me, the Defense’s motion to subpoena Detective Boyd’s telephone records is denied for lack of probative evidence.”
Pratt jumped to his feet to object, but Robles seemed to have anticipated this. “Defense counsel may appeal my decision upon verdict if so desired. You may bring in the jury.”
Ryan relaxed on the bench seat beside Lauren. She let out a deep sigh, realizing she had been holding her breath since court was called to order.
Pratt indicated he had more questions for Ryan, who resumed the stand.
“Defense counsel is strongly cautioned that all questions must be limited to the content of Ms. Keene’s cross-examination,” Robles reminded Pratt.
“Detective Boyd, do you recall testifying that you conducted this investigation with objectivity?”
“Of course.”
“And that wasn’t the truth, was it?”
Ryan looked taken aback. “That was the absolute truth. Detective Wallace and I both took considerable care in conducting a sound investigation.”
“But you are no longer objective about this case, are you?”
“I remain objective about this case. I continue to track down leads and let those leads take me where they will. I don’t assume they are going to take a particular direction and yet they always do. They always lead me back to Jake Wakefield. For that reason, I guess you could say I am somewhat less objective today than I was when the case started because I am now convinced of Jake Wakefield’s guilt.”
“And nothing could persuade you that Mr. Wakefield was not guilty?”
Ryan paused to consider how to answer this trick question. “No, I think I could be persuaded otherwise if some compelling evidence to the contrary was presented, but thus far, I have only seen evidence that implicates him.”
“Or maybe that’s how you choose to see it, Detective Boyd?”
“No. I had no preconceived notions about a suspect in this case when we first started, but the investigation always led us back to Jake Wakefield.”
“Isn’t it true you are having a sexual relationship with Lauren Rose…” Pratt pointed an accusing finger at Lauren, “…and that has caused you to sacrifice your objectivity in this case?”
Robles was pounding his gavel before Candace could even jump to her feet. “The witness
will not answer that question. Mr. Pratt, you have been warned several times that accusing this witness of an inappropriate relationship would not be permitted and you have defied my orders. I hereby find you in contempt. Matters to follow immediately. You are done questioning this witness, Mr. Pratt. Ms. Keene, do you have additional questions for this witness?”
“No, Your Honor,” Candace said, the corner of her lips quivering as she struggled to suppress a smile.
“Court is dismissed for the day. Mr. Pratt will remain behind.” Robles said gravely.
Lauren and Ryan maintained a professional distance as they exited the courthouse. Lauren paused to speak to reporters, expressing her disappointment that the Defense would stoop to accusing the investigators of improprieties without any substantive evidence.
As soon as they were in the car, Ryan said, “It must’ve been Jake.”
“What?”
“Jake told his lawyers about his phone conversation with you and they acted on it. That’s why they pursued it so aggressively.”
“You think Jake had the audacity to admit he called me?”
“It’s the only thing that makes sense. Why else would Pratt be so determined?”
“The newspaper article?”
“I don’t think so. The headline was suggestive, but the article itself was harmless. This is Jake’s handiwork again.”
“Well, Jake’s nothing if not persistent.”
“Persistently evil.” Ryan let out an enormous sigh, “I feel like I dodged a bullet. I wasn’t going to lie under oath.”
“I know. I wouldn’t have expected you to. You wouldn’t be the person I like and admire so much if you were willing to lie on the stand.”
“It is incredibly lucky the judge ruled I didn’t have to answer that last question of Pratt’s.”
“Speaking of Pratt, I wonder how he’s faring right about now. Robles looked none too happy with him.”
“I don’t envy that poor bastard right now, but he must’ve thought it was worth it. He knew that question would infuriate Robles and he asked it anyway. He really wanted the jury to think you and I were sleeping together. I hope it doesn’t ruin the whole case.”