"They'll probably start with the first officer on the scene and work their way through the physical evidence," I reply. "It lays the foundation for their entire case."
Harriet Hill calls for order and instructs us to rise. Judge Chen takes her seat on the bench and pounds her gavel. She looks at Skipper. "Are you ready to call your first witness?"
"Yes, Your Honor."
Harriet Hill brings in the jury.
Skipper straightens his tie. "The people call Officer Paul Chinn."
It's not a bad place to start. He was the first officer at the scene.
The young police officer's uniform is freshly pressed. He walks to the front of the courtroom and is sworn in. His demeanor is stoic. Cops are trained to stay calm. Some are better at it than others. My dad used to hate going to court.
"Officer Chinn," Skipper begins, "were you the first officer to arrive at the Simpson and Gates offices on the morning of December thirty-first?"
"Yes, sir," he says a little too quickly. "I arrived at eight-twelve A.M. I responded to a nine-one-one dispatch." His delivery is a little wooden but the tone is straightforward. Juries pay close attention to the early witnesses. Then they start to get bored. Chinn says he was met by Chuckles in the lobby. In response to Chinn's preliminary questions, Chuckles said nobody was in danger. Then he escorted Chinn to Bob's office, where Joel was waiting outside.
Skipper nods to McNulty, who places an enlarged diagram of Bob's office on the easel in front of the jury. Skipper has Chinn identify it as a diagram of the crime scene. Skipper turns to Judge Chen and requests that the diagram be introduced as an exhibit.
She looks at me. "No objection, Your Honor," I say. I'm glad they've decided to use a diagram instead of the crime-scene photos. I'm sure these will come later.
"Officer Chinn," he continues, "would you mind showing us where the bodies were found?"
Chinn leaves the stand and walks to the diagram. He uses a Bic pen to point to the places on the floor where the bodies were found. Skipper walks him through a brief tour of the scene. Then Skipper picks up a revolver wrapped in clear plastic from the evidence cart. "Officer," he says, "do you recognize this?"
"Yes. It's the weapon I found on the desk of Mr. Holmes."
At least he didn't call it the murder weapon.
Next Skipper has him identify the three spent shell casings and the three unused bullets that were sitting on the desk when he arrived. "Where did you find the casings and the bullets?"
"On the desk."
"Did that seem odd to you?"
"Yes. I would have thought the bullets would have been in the gun."
"Do you know how the bullets got on the desk?"
I'm up. "Objection. Calls for speculation. Officer Chinn has no personal knowledge of how the bullets made their way to the desk." It's good to get your first objection out of the way.
"Sustained."
Skipper says, "I'll rephrase. Did the defendant explain to you how the casings and the bullets found their way to the desk?"
Chinn responds, "The defendant said he unloaded the gun after he found the bodies. He directed me to the casings and the bullets." His tone is measured.
Skipper scowls. Not the answer he wanted. "Did you see the defendant unload the gun?"
"No."
Skipper glances at the jury. "Was the defendant acting suspiciously?"
"Objection. The question goes to the defendant's state of mind." Well, not exactly, but I'm going to try to break up Skipper's rhythm while I can.
"Your Honor," Skipper says, "I'm not asking Officer Chinn to read the defendant's mind. I'm simply asking for his observations of the defendant's behavior immediately following the incident."
"Overruled."
Chinn looks at Joel. "The defendant was agitated and extremely upset."
Skipper is pleased. "And did you have any basis to conclude that the defendant may have had any involvement in the deaths of Mr. Holmes and Ms. Kennedy other than as a witness?"
"Objection. Speculative."
"Sustained."
I'm going to take my shots while I can. Skipper is going to get the hang of this sooner or later.
Skipper strokes his chin. "Officer, after you found the bodies, the murder weapon, the bullets and shells, what did you do?"
"Objection. There's no foundation for the characterization of the gun as the ‘murder’ weapon."
"Sustained." She turns to the jury and says, "The jury will disregard the characterization of the revolver as the ‘murder’ weapon."
Sure they will. Skipper rephrases the question, leaving out the word "murder."
Officer Chinn says he followed standard procedure; he secured the scene and called for reinforcements. He describes the arrival of the police and the paramedics, followed by the technicians from the coroner's office, the police photographers and the homicide inspectors.
"No further questions, Your Honor."
Not a bad direct exam for a guy who's never done it before. And not a bad performance by a young cop who's batting leadoff in his first big case.
"Officer Chinn," I say calmly, as I stand, "you've told us you found the revolver, the spent shells and the unused bullets on the desk of Mr. Holmes."
"That's correct."
"And you've testified Mr. Friedman told you he unloaded the gun."
"Yes."
"Did he tell you why he unloaded the gun?"
"He said he did it to protect the safety of the other members of the firm."
"I see. That's an admirable goal, isn't it?"
"Objection. Speculative."
"Sustained."
I've made my point. "Officer, did you have any reason to disbelieve Mr. Friedman when he told you he had disarmed the revolver?"
Chinn looks helplessly at Skipper. "No," he replies.
"Did you see any evidence on his hands or clothing that suggested he fired the gun?"
"It would have been very difficult to see any such evidence with the naked eye, Mr. Daley."
"I understand. But did you see any such evidence?"
"No, sir." It's generally a good sign when the witness starts calling you "sir."
"And did you collect any samples of tissue or clothing from Mr. Friedman to obtain evidence that he did, in fact, fire the gun?"
He scratches his cheek. "No, sir."
"So you have no personal knowledge as to whether he fired the gun?"
Skipper stands. "Asked and answered, Your Honor."
"Sustained. Move along, Mr. Daley." I was wondering how long she'd let me go.
"Officer, you testified that you secured the scene."
"That's right."
"So nobody could have left the Simpson and Gates suite once you arrived, correct?"
"That's true."
"You secured the elevators?"
"Yes."
"And the stairs?"
"Yes."
I give him an inquisitive look. "You were the only officer at the scene when you arrived, right?"
His eyes dart toward Skipper. "Yes."
"And you were able to secure six elevators and two internal stairways all by yourself?"
He looks perplexed. "Other officers arrived right away. We secured the scene as soon as possible."
"What about the freight elevator?"
"We secured it."
"When?"
He purses his lips. "When the other officers arrived."
"So, Officer, it is possible that any number of people could have fled the scene on the elevators or the stairs or the freight elevator before additional officers arrived, isn't it?"
"Objection. Speculative."
"Overruled."
Officer Chinn looks troubled. "I suppose that's possible."
So far, so good. "Officer, you testified Mr. Friedman was agitated and upset when you arrived."
"That's correct."
"How long have you been on the force?"
He looks away. He seems to be adding it up in his he
ad. "Three and a half years."
"How many times have you been the first officer at the scene of an alleged homicide?"
"This was the second time."
"How many dead bodies have you seen in three and a half years?"
"Objection," Skipper says. "I fail to see any relevance."
Judge Chen looks impatient. "Overruled."
"I've seen three dead bodies," Chinn replies.
I get right in front of him. "Officer Chinn, in your experience, when you arrive at the scene of the homicide, isn't it usually the case that the people are upset?"
"Yes."
"And isn't it true that the people who are most upset are often the people who found the body?"
"Yes, sir."
"Wouldn't it be fair to say that Mr. Friedman's reaction was not unusual in the circumstances?"
Skipper should object. I'm shamelessly asking him to speculate. "That's fair," Chinn says.
Gotcha. "One last thing. When you arrived, you were met by Mr. Stern, who told you nobody was in danger."
"That's correct."
"Officer," I say, "you arrived within minutes after Mr. Stern discovered the bodies. How did he know there wasn't a killer on the loose in the Simpson and Gates office?"
Chinn looks at Skipper and then at McNulty. "I guess he assumed nobody was in danger because he found the murder weapon on the desk of Mr. Holmes."
"Move to strike the word ‘murder’ from Officer Chinn's testimony."
"Sustained. The jury will disregard the characterization of the weapon as the ‘murder’ weapon."
"Officer Chinn," I continue, "isn't it possible that Mr. Stern knew that nobody was in danger because he knew Mr. Holmes had committed suicide?"
"Objection. Speculative."
"Sustained."
"Isn't it possible Mr. Stern knew that nobody was in danger because he knew who the real killer was? And the real killer may have even been him?"
Murmurs in the back of the courtroom.
"Objection. Speculative."
Judge Chen pounds her gavel. "The objection is sustained." She points her gavel toward the gallery. "If there are any other disruptions, I will clear this courtroom."
"I have no further questions of this witness, Your Honor," I say.
"You took him apart," Joel says as we take a short break after Chinn's testimony. We're in the consultation room behind Judge Chen's courtroom.
"He's a kid, Joel. He's just a table-setter."
"Still," he says, "you made him contradict his story. That's good."
I get a more realistic view from Mort. "Nice cross," he says. "The jury seems to like you."
"We have a long way to go," Rosie observes.
After the brief recess, Skipper calls Sandra Wilson. She spends the next hour describing how she meticulously gathered every shred of evidence in Bob's office and Diana's apartment. Skipper is doing it by the book. He's confirming to the jury that there are no chain-of-custody issues. He's introducing all the evidence he'll need later in the trial. She describes how she handled and catalogued the revolver, the spent shells and the unused bullets. She confirms the revolver was registered to Bob. She identifies the keyboard. I interrupt periodically. Realistically, I'm not going to win any battles with Sandra on the stand. Pete and I looked at every piece of evidence. There's no point in making an ass of myself while she's testifying. It will only piss off the phone company supervisor.
I ask a few perfunctory questions on cross. I want to get her off the stand as fast as I can.
After lunch, Skipper raises the stakes. Marcus Banks looks ready for battle as he strides confidently to the front of the courtroom. After he's sworn in, Skipper picks up a neatly labeled cassette tape from the evidence cart. "Inspector," he says, "do you recognize this?"
Banks nods solemnly. "Yes. It's a recording of a message left on Diana Kennedy's answering machine at approximately twelve-fifty-one A.M. on December thirty-first."
"And could you describe the contents of the message?"
"Objection, Your Honor. Hearsay."
"Overruled." I'm not surprised. I know she's going to let them introduce the tapes into evidence. We've fought this battle and lost.
"The message was from the defendant. He asked Ms. Kennedy to return to the office."
Nice response. Straightforward. Noninflammatory. I can see McNulty's influence. They're going to build their case carefully. They don't need theatrics—yet.
"Inspector, did the defendant sound agitated or upset in the message?"
"Objection. Asks for Mr. Friedman's state of mind."
"Sustained."
Skipper introduces the tape into evidence. He asks the judge for permission to play it to the jury. Judge Chen gives me an inquisitive glance.
"Your Honor," I say, "the defense renews its objection to having this tape entered into evidence." She won't go for it.
I'm stating it for the record so we can challenge her decision on appeal. She knows it.
"We've been over this before, Mr. Daley. Your motion is denied."
"The defense therefore requests that Your Honor instruct the jury to consider the fact that this tape is being played in the absence of context."
Skipper says, "Your Honor, we believe the tape speaks for itself."
Judge Chen looks at the jurors. "Ladies and gentlemen," she says, "you are about to hear a recording of a conversation between Mr. Friedman and Ms. Kennedy. You should consider the fact that you have not been given information concerning the context in which this recording was made."
Skipper hands the cassette to McNulty, who puts it into the tape player. The courtroom becomes silent. The jurors all focus on the tape player. The heated voices of Joel and Diana resonate in the courtroom. Joel closes his eyes. Naomi's lips form a tight line across her face.
The tape ends. Skipper turns back to Banks. "Were you able to identify the voices?"
"Objection. Inspector Banks has not been qualified as a voice-recognition expert."
"Overruled."
"The male voice was that of the defendant," Banks says. "The female voice was that of the victim, Ms. Kennedy."
They go through a similar exercise for the voice-mail message from Joel to Bob. "Inspector Banks," Skipper says, "do you believe Mr. Friedman was angry enough at the time these tapes were made to kill two people?"
I'm up like a shot. "Objection, Your Honor. Speculative. State of mind."
"Sustained. The jury will disregard the last question."
Oh, sure. Skipper smiles. "No further questions," he says.
I stand up right away. "Inspector Banks," I say, "you weren't present when these telephone conversations were recorded, were you?"
"Of course not."
"So you don't really know why Mr. Friedman called Ms. Kennedy, do you?"
He looks indignant. "It's obvious. He was angry at her."
I deserved that. "Inspector, are you aware that Ms. Kennedy and Mr. Friedman were working on a very large transaction?"
"Yes."
"And they were under a lot of pressure to close that transaction the next morning and that millions of dollars were riding on the successful closing?"
"Objection. Leading."
"Overruled." It's okay to lead on cross. McNulty whispers to Skipper.
"Isn't it possible Mr. Friedman called Ms. Kennedy because he needed help on the deal?"
"I don't think so."
"But it's possible, right?"
"I don't think so," he repeats.
He isn't going to budge. "Inspector, let's talk about Mr. Friedman's voice-mail message to Mr. Holmes. Are you aware that Mr. Friedman was told that he wasn't going to make partner that night?"
"Yes."
"And do you believe that Mr. Friedman was upset about that?"
"Yes."
"If you'd worked for eight years to try to make partner, you'd probably have been upset, too."
He shrugs.
"But you've interpreted Mr. Friedman's voice
-mail message to Mr. Holmes as a threat."
"Yes. I think it's obvious."
"Let me ask you this, Inspector. Have you ever worked in a law firm?"
"No."
"But you've spent a lot of time around lawyers, right?"
He smiles sardonically. "More than I'd care to," he says.
"And you know a little bit about how lawyers think, right?"
"Objection, Your Honor. Can we get to the point?"
"Sustained." Judge Chen rotates her hands like a basketball referee making a traveling call. "Speed it up, Mr. Daley."
"Inspector, lawyers sometimes say things just for effect, or just to make a point, right?"
"Right. Kind of like right now, right, Mr. Daley?"
Touché. "As a matter of fact, yes. Lawyers sometimes take exaggerated positions just as a negotiating tactic, don't they, Inspector?"
"That's true."
"And isn't it possible, Inspector, that Mr. Friedman's voice-mail message to Mr. Holmes was, in fact, lawyerly posturing?"
"Not the way I heard it."
"But, it's possible, isn't it, Inspector?"
"I don't think so."
"Come on, Inspector. Be reasonable."
Skipper stands up and objects in a measured tone. "Your Honor, Inspector Banks has answered Mr. Daley's question."
The hell he has.
"Sustained."
I've gone as far as I can. "No further questions."
Joel isn't happy about my cross-exam of Banks. We're in the consultation room during the break. "Jesus, Mike," he says, "couldn't you have nailed Banks?"
Mort sticks up for me. "Banks wasn't going to move an inch. Mike got him to look like a stubborn jerk. It's the best we could do."
Thanks, Mort.
Joel scowls. "Maybe Mort should take a few witnesses."
Mort looks pleased. I turn back to Joel. "The prosecutor always looks good at the beginning," I say. "We have to chip away at their case a little at a time."
He tosses a crumpled paper cup into the trash and doesn't respond.
34
"I AM THE CHIEF MEDICAL EXAMINER FOR THE CITY AND COUNTY OF SAN FRANCISCO"
"Dr. Beckert has testified at hundreds of murder trials. His testimony will undoubtedly be very damaging to the defendant's case."
MD01 - Special Circumstances Page 26