“Yes, ma’am.”
“What do you do?”
“I am a detective with the Custer Police Department, assigned to the major crimes unit,” he said. He answered a number of questions from Cathy tending to show he was a qualified detective capable of conducting a thorough, professional investigation.
“Were you on duty as a member of the major crimes unit on or about November 20?”
“Yes.”
“And on that date, were you called to a location near the Custer College campus?”
Sam knew Polson would be calm and collected, but he was still impressed by the detective’s steady manner and his understated, professional accounting of the steps taken during the investigation. He would impress the jury, and cross-examination would have to be undertaken carefully.
“Detective Polson, you arrived on the scene when?”
“I got there about eight a.m. on the 20th.”
“And what did you do?”
“I ensured that Jensen had a handle on securing the scene,” he said. “Then I went with the crime scene guys to look at the body.”
“Crime scene guys?”
“Well, photographers and DNA types first,” Punch said, settling in to recall his actions. “The body had obviously been there for a while, and there was melting snow around it, so I wanted pictures taken before anything got disturbed. Then I sent the crime scene guys in, and when they were done, I started looking around.”
“First impressions, as you recall?”
“Uh, the body had been there a while, so I figured he’d been killed shortly after he went missing.”
“Killed? How did you determine that?”
“He,” Punch began, then shifted his eyes to Ms. Miles before looking back to Cathy. “He, uh, had an obvious wound to the back of his head.”
“Could he have sustained that in a fall?” She wanted Punch to say no, but he was too experienced to do so. It was objectionable, but Sam let it go. If she wanted to open the door to the possibility of an accident, Sam was amenable.
“Um, not sure I’m qualified to respond,” he replied, looking at Sam.
“Let’s move on. So, you began your investigation?”
“We did,” Punch said. “We began talking to people on the scene and from the surrounding neighborhood to see if anyone had seen anything.”
“Results?”
“None.”
“Then?”
“Well, we’d already looked at video from the campus and surrounding areas. Remember, he’d been missing almost two weeks. And we had already interviewed a number of persons in connection with the victim’s, er, young man’s disappearance,” Punch said. “So, I felt a good place to start was with the guys our earlier investigation revealed had seen him right before he died.”
“And who were they?”
“Ronnie Norquist, Trent Gustafson, and the defendant.”
“So, what did you do next?”
“Well, I’d looked at the video, like I said, so I spoke with each of the young men about what they had seen, heard, and done that night. They each told me essentially the same story that they’d given me when I was inquiring into Kaiden’s disappearance.”
“What was that?”
“That Mr. Miles, Mr. Norquist, Mr. Gustafson, and Mr. Blair had been partying well into the evening, and that there was a dispute between Mr. Miles and Mr. Blair, and that Mr. Miles left, followed by Mr. Blair.”
“What was the dispute over?”
“According to all parties, Mr. Miles said Mr. Blair owed him money.”
“Why?”
“My investigation revealed Mr. Miles had been selling drugs to Mr. Blair,” Punch said, looking first at Mrs. Miles and then at Sharon while the crowd murmured.
“What then?” Cathy said after the murmuring stopped.
“The party broke up following the argument.”
“What time?”
“Well, the parties were a little . . . foggy . . . about times, but according to the video Mr. Miles left at around 1:20 a.m. and Mr. Blair a few minutes later.”
“So, what did you do then?”
“Well, Mr. Gustafson and Mr. Norquist confirmed each other’s story about being together the entire evening after the party ended,” Punch said. “They had an alibi.”
Sam watched as Punch looked toward Paul when he mentioned Ronnie’s name, and out of the corner of his eye he could see Paul stiffen.
“Then what?”
“Well, at that point I knew Mr. Blair had been seen following Mr. Miles out the door of the dorm because I had the video as well as Trent and Ronnie telling me that. So, I’d already subpoenaed Mr. Miles’s phone records and had seen a lot of communications with Mr. Blair, so I subpoenaed Mr. Blair’s phone records as well as those of his internet provider. I had a forensic computer scientist go through all of that and produce for me the records.”
“And what did you find?”
“I found some things that interested me,” Punch said.
“Notably?”
“Mr. Blair was one of the last people to call Mr. Miles, and the last to send him a text message.”
“Your Honor, may I approach?” Cathy asked while handing Sam a document. He nodded to her. After Daniels granted her permission, she walked to the witness box, handed Punch a document, and returned to the podium.
“I’ve handed you State’s Exhibit 42. Seen it before?”
“I have.”
“What is it?” Cathy asked.
“It’s the printout of some of the text messages between the deceased and Mr. Blair gleaned from their phone records.”
“Objection,” Sam said. “May we approach?” Daniels nodded, and when Sam and Cathy were at the bench, Sam continued, “Judge, the probative value of the evidence is far outweighed by potential prejudice. The jury might convict my client based on some dumb things he said.”
“Goes to motive, Judge,” Cathy quickly responded.
“Overruled,” Daniels said. “Return to your places.”
Cathy looked to Punch. “You mentioned you had concerns as the result of your review of these records. Can you tell the jury why?”
“The defendant made several homophobic comments in here,” Punch said. “Called the deceased a number of names indicating that he didn’t like gay and . . . well, white people.”
“Can you point out to the jury specific examples?” Cathy asked.
Punch then read into the record several homophobic and racial slurs that Davonte had sent to others, including Kaiden. Sam could sense the discomfort of everyone except his client.
“Anything else of concern in the phone records?” Cathy asked.
“Yes.”
“What was that?”
“The defendant communicated a number of threats to the decedent.”
“Same objection,” Sam said. “Move to strike.”
“Overruled,” Daniels said.
“Any of special concern?” Cathy asked.
“Yes,” Punch said. “On the morning of Kaiden’s disappearance, at approximately 1:25 a.m., the defendant sent a text to the decedent that said, ‘I’ve told your skinny white ass a hundred times, you’ll get your money when I go pro. Keep pumping me and I’m going to beat your fag self.’”
Again, Cathy waited for the soft murmuring to die down before continuing. “What did that information indicate to you?”
“Well, two possible motives. One financial, one, well, homophobic, I guess.”
“Anything else of value come back from the phone records?”
“Yes,” he said.
“What was that?”
“Using the phone company’s experts, we were able to place Mr. Blair in the vicinity of where Mr. Miles was eventually found on the morning in question, at approximately the time in question.”
“Detective Polson, you heard Ms. Desmond’s testimony regarding the DNA evidence in this case, didn’t you?”
“I did.”
“Did you play a
role in the collection of the DNA?”
“I did. I collected it,” he said.
“So, at some point, did you have contact with Ronnie Norquist, Trent Gustafson, and the defendant, Davonte Blair?”
“At various times, yes.”
“So, not at the same time?”
“Never all three, no.”
“And did you collect buccal swabs from each?”
“Objection,” Sam said. “Vague.”
“Sustained,” Daniels said.
“Did you take buccal swabs from those three men?”
“I did.”
“Can you tell the jurors the procedures you follow when you collect a buccal swab from an individual?”
“Well, I take a small Q-tip, have them open their mouth, and just rub it gently on the inside of the cheek. There are two in each package, one for the left side and one for the right side.”
“So you are trying to obtain skin cells from inside their cheek?”
“I think so.”
“You are not an expert on anything about DNA?” she asked.
“No, I’m just collecting the items to send to the state lab,” he admitted. “I don’t have any expertise in it; I just follow the instructions on the kit.”
“Where were these samples taken?”
“I took Gustafson’s at the station. I took the defendant’s and Norquist’s in the gym.”
“And while you were speaking with Mr. Blair, did you tell him why you were there?”
“Oh, yeah.”
“Was he a suspect?” she asked.
“Well, not really. More like a person of interest.”
“So, no formal interview?”
“No, not really.”
“Did you tell him you were going to take a sample of his DNA to use in your investigation?”
“Yes, ma’am.”
“And he consented to this?”
“Yes, ma’am.”
“What did you do then?”
“I placed the Q-tip thingy in a small white box that had a label with his name on it, then put that box into a white envelope. Then I sealed the envelope and had it secured at the police department.”
Cathy walked back to the State’s table and retrieved a package from her assistant. “Your Honor, may I approach?”
“You may.”
“I’m handing the detective what is marked as State’s Exhibit 26,” she said. “Detective, please let me know when you are ready to respond to my questions.”
“I’m ready.”
“What is State’s Exhibit 26?”
“This is the envelope I sent to the state laboratory containing the swab from the defendant,” he said.
“The envelope is in substantially the same condition as when you placed the swab inside?” Cathy said.
“Looks exactly the same to me,” Punch said.
“Your Honor, I offer Exhibit 26 into evidence,” Cathy said.
Daniels looked at Sam. “No objection,” Sam said.
“It will be received,” Daniels said.
“Now, after you got the swabs from Mr. Norquist, Mr. Gustafson, and the defendant, you eventually sent them to the state crime lab for testing, right?”
“Yes, ma’am,” Punch said.
“How did they get there?”
“An officer put them in his car and took them.”
“Did you request testing?” she asked.
“I did. I requested that all of the swabs be tested for DNA evidence, and if any were found that they be compared to some DNA found at the crime scene.”
“And you already had the sample at that point?”
“Yes.”
“Have you received results back?”
“I have. According to the lab, the DNA from the defendant—”
“Objection,” Sam said. It was hearsay. “Move to strike everything after ‘I have.’”
“Sustained,” Daniels said. “Granted. Ladies and gentlemen, you will disregard everything Detective Polson said after the words ‘I have.’”
“Let’s move in a different direction,” Cathy said. “Now, at any point, did you try and backtrack to discover the location of the victim before he died?”
“Yes.”
“Did you eventually retrieve some video from the college?”
“I didn’t.” Punch shook his head. “Corporal Jensen did and he showed them to me when he got back.”
Cathy was watching the jury closely. They were watching Punch intently. “What other places did the Custer police look into to try and figure out the whereabouts of Mr. Miles before his death?” she asked.
“Oh, we looked at camera footage from shops and stores in every direction from the body. We of course got a warrant and looked at video footage from virtually every camera on the campus.”
“So, like—”
“Fast food joints, gas stations,” Punch explained.
“Did you find anything of value?”
“No.”
“Have you ever had the opportunity to interview the defendant, Mr. Davonte Blair?”
“Yes.”
“Do you see him in the courtroom today?”
“Yes, I do.”
“Will you point him out to the jury?”
“He’s sitting right there in a dark suit with a white shirt and red tie,” Punch said, pointing as requested. “The tall man between Mr. Johnstone and Mr. Norquist.”
“How many interviews of the defendant did you undertake personally?” Cathy asked.
“Two or three, I guess.”
“And who else was present during those interviews?”
“I think Corporal Jensen was there for a couple of them,” Punch said.
“Now, in these interviews, was Mr. Blair informed of his Miranda rights?”
“No.”
“Do you remember the first interview with Mr. Blair?”
“I do.”
“What was your impression?” Cathy asked.
“I thought he was evasive. Not telling me the truth.” Punch locked eyes with Davonte. “I had a general uneasiness about him. His story was not matching what others told me. He couldn’t recall any details. He wasn’t terribly cooperative. I feel like people who are telling the truth—”
“Objection,” Sam said.
“Sustained,” Daniels ruled.
“Did you notice anything about Mr. Blair’s person?”
“I did.”
“What was that?”
“Bruising and scratching on his hands,” Punch said.
“As if he had been in a fight of some sort?”
“Objection; leading,” Sam said.
“Sustained,” Daniels said.
Cathy nodded. The jury had heard it. “So,” she continued, “before you arrested him, you interviewed him a second time—true?”
“Yes.”
“And after each interview Mr. Blair left wherever he was—he actually walked away a free man?”
“He did.”
“What was his demeanor?” she asked.
“Surly.”
“Objection,” Sam said. “Move to strike.”
“Overruled,” Daniels said.
“Eventually, you arrested Mr. Blair?” Cathy said.
“I did.” Punch nodded.
“When?”
“December 1.”
“Why?”
“Well, the investigation revealed that he didn’t like gay people, he owed the decedent a substantial amount of money, and he sent threatening texts to the decedent the morning of his disappearance. His phone records revealed he was in the area the decedent was found at about the time the decedent disappeared, he had injuries to his hands consistent with being in a fight, and his DNA was on an object near the body. He was the only person I could find who had motive, means, opportunity, no alibi, and who fit the evidence.”
“Thank you, Detective,” Cathy said. “No more questions. Your witness.”
“Mr. Johnstone, cross-examination?” Daniels asked.
>
“Yes, Your Honor.” Sam stood and moved to the podium. “Detective Polson, you never did find the murder weapon, did you?” Sam’s plan was to hit the high points early.
“We did not,” Punch admitted.
“That bother you?”
“Of course.”
“The case would be stronger with that evidence—true?”
“True.” Punch looked at Rebecca Nice and then Chief Lucas.
“Did you have any other suspects in this murder?”
“Not really.”
“Why not?”
“Well, as I indicated, I don’t have suspects as such. I begin with the premise that everyone could have done it. Then I eliminate folks by checking alibis, listening to their story, and looking at the evidence. Eventually I arrest the person the evidence fits.”
“The evidence—such as it is—in this case is all pretty circumstantial, is it not?” Sam asked. He was looking at the jurors.
“That’s not uncommon,” Punch replied.
“Ever arrest the wrong man?” Sam had turned and was looking directly at Punch now. In his peripheral vision, he saw several jurors’ heads move as they turned from Sam to Punch.
“Objection,” Cathy said. “Relevance.”
“Your Honor,” Sam began.
Daniels held up his hand to stop Sam from speaking. He looked at his desktop as he thought it through. The reference to the Tommy Olsen case was obvious. It was certainly relevant—police do make mistakes, and this detective had in fact arrested the wrong man on at least one prior occasion. On the other hand, that didn’t have anything to do with this case.
Daniels made a note, said, “Overruled,” and looked at the witness. “You may answer.”
“Turns out I have,” Punch admitted.
“And again, you’ll agree with me that the evidence against my client is entirely circumstantial.”
“Yes, I’ll agree that all of the evidence against your client is circumstantial,” Punch said, heavily emphasizing the word “all.”
Sam smiled. “Let’s take a look, then, at all of the evidence, shall we?”
“Sure.”
“Let’s start with your assertion that Davonte doesn’t like gay people.”
“Okay.”
“You learned this how?” Sam asked.
One and Done (Sam Johnstone Book 2) Page 25