Muted Judgement (Legal thriller, thriller)

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Muted Judgement (Legal thriller, thriller) Page 3

by G. E. Mason


  Brad cross examined the officer for another fifteen minutes, but was unable to break the man's story. He only highlighted that the murder weapon was not brought to the scene.

  Landon was then dismissed off the witness stand.

  Lauren was onto her next witness. The emergency department doctor who treated Claire and filled out the rape kit. He was an older man with a shock of white hair and large blue eyes. Despite not being tall, he did have a certain presence about him. More of a grandfatherly one rather than a turn-heads kind of presence. If Lauren had to take her daughter to the emergency department, she'd like this doctor to be there.

  "State your name for the court," Lauren said.

  "Doctor Kyle Walton," he said.

  "You are an emergency room doctor at Mercy General Medical Center?"

  "Yes."

  "You were on duty when the defendant Claire Smith came in claiming to have been raped?"

  The doctor sneezed before answering. "Yes, ma'am."

  "Bless you. What are your usual procedures where there is a claim of rape?"

  "We do a rape kit," the doctor said.

  "And what exactly does that entail?"

  "The victim's clothes are put into an evidence bag, sealed and marked with her name. We take pictures of the victim, highlighting any bruising or possible areas of trauma. We take swabs of all orifices of the victim and they are placed in evidence bags. DNA tests are done on some of the samples to see if we can identify the rapist from any known criminals."

  The doctor went on to catalog the rest of what was done with Claire's rape kit.

  "Are you involved after the kit is done?"

  "No, the kit is given over to police. Someone signs for it so there is a paper trail of where it went."

  "And do you personally see that it is signed?" Lauren asked.

  "Most cases I do. I like to keep as few people involved as possible. There will be fewer questions later if the case comes to trial," the doctor said.

  Lauren went on asking questions establishing exactly what happened that night. She wanted to make sure there were no questions that procedure had been followed and that the body fluid samples that went to the lab were from Claire's body. The jurors could not doubt that.

  Brad stood to cross examine, but he had few questions and mostly what he asked supported what Lauren wanted to accomplish with this witness. She wanted to smile, but decided that gloating was not attractive.

  Finally the doctor was dismissed from the stand.

  "Well take a lunch break and return in an hour," Ethan said before banging his gavel.

  ***

  Lauren stared at the message on her phone.

  "Don't prosecute Claire Smith."

  The number the text had been sent to was blocked. This added, to the threat called to her home phone, she was now officially worried.

  She stood outside the court house, in broad daylight. Looking around she saw that people were in groups, but no one was paying any special attention to her.

  Something had to be done, but she wasn't backing down.

  With her jaw set, she called her housekeeper. "Marcia, I need you to pick Sasha up from school today."

  "Sure. Any reason?"

  "Yes, but I'd rather not explain over the phone. Please take her to my parents' house and stay there with her."

  "Whatever you say."

  "Thanks Marcia and try not to scare her."

  "Understood," Marcia said before hanging up.

  That taken care of, Lauren straightened her blouse, looking around. "Could be anyone here."

  But only a handful of people knew her cell.

  The whole idea put a chill down her spine, but she was not giving up.

  The trial must go on.

  Chapter 3

  After a quick lunch, eaten on the run, Lauren entered the afternoon portion of the trial. Trying hard not to be distracted about the threat to her, she called another witness to the stand.

  "State your name for the court."

  "Ben Williams."

  A short, round man, Ben Williams was not impressive-looking, but Lauren hoped he had credibility. He placed Claire at the scene at the right time.

  Lauren stood after her witness was sworn in. "Mr. Williams, please state your address."

  As he spoke, she sauntered over to the witness stand. No reason not to try to convey confidence. Williams sat in the chair as if he'd done this all of his life. When she'd talked to him as a witness, he'd fidgeted the whole time. Having coached him on sitting still, she almost smiled that he ended up being so still.

  "10 Hunt Lane."

  She nodded at him. "And you live how close to John Sheffield?"

  "I am, er, was his next door neighbor," Ben said.

  "And on the night he was killed, do you remember what you were doing?"

  Lauren looked at the jurors to gauge their reaction to her witness. They all had their eyes glued to him. No one nodded. They all seemed to be just taking in what he had to say. Good.

  "I was walking my dog. The night was clear and moonlit. I enjoy nights like that and Buffy, my dog, will always oblige a last walk."

  Some of the jurors smiled at his dog story.

  "Did you see the defendant that night?" Lauren asked.

  She indicated Claire who didn't make eye contact with anyone. The ever present tears hadn't made their appearance yet. Ben looked at her then back to Lauren.

  "Yes, I did."

  She put a hand on the oak stand. "You're sure? It was night time."

  "I'm sure," he said more to the jury than to Lauren. He cleared his throat, shifting in his seat. "She almost ran into me."

  "She was in a hurry?"

  "Objection," Brad said. "Asking the witness to assume the defendant's state of mind."

  Ethan pondered this for a moment. "Sustained."

  Some jurors shuffled in their seats. Lauren had never been on a jury and she wondered if this was good theatre or very boring for them. A few yawned.

  Lauren nodded at the judge. "Mr. Williams, was Miss Smith moving quickly?"

  "Yes, she was running out of Sheffield's house."

  "Where were you at the time?"

  "I was at the end of Sheffield's front walk. The one that lead to his front door."

  "So Miss Smith came at you quickly."

  He shook his head. "I barely had time to get out of the way. I thought she was going to step on Buffy. I think I growled at her as did my dog."

  "Did she stop?"

  "She did pause and look straight at me," Ben said.

  "But it was still dark?"

  "There is a street lamp right there in front of Sheffield's house. He'd lobbied for it with the town council two years before."

  "What time was this?"

  Williams looked at the ceiling as if calculating. "I finished watching a show about aliens then I went for a walk about 9. I would say it was now 9:15."

  "So to recap. You were in the light when you saw Miss Smith run out of Sheffield's house."

  "Yes, ma'am."

  "Did she get into a car and drive away?"

  "No she just ran down the block."

  "Did you follow her?"

  "No, I didn't." He shrugged. "I wasn't going to catch up with her. I have bad knees."

  "What did you do next?"

  "I took my dog and went home."

  Lauren turned to Brad. "No further questions. Your witness."

  Brad stood. "No cross examination needed."

  Ethan nodded. "The witness may step down."

  Next Lauren called the Medical Examiner, Doctor Sagrib Montesore.

  Lauren leaned against the jury box projecting an ease she wasn't feeling. That last threat weighed on her mind. The doctor stated his name and his occupation along with his credentials.

  "What does a forensic doctor mean?" Lauren asked.

  Lauren knew that most people received their information about forensics from television. She wanted them to know that this person was an expert and
trained to testify.

  "It means I am qualified to testify in court."

  "Got it. Thanks. So you performed the autopsy on Sheffield?"

  "Yes, I did."

  "And what was your conclusion about his death?"

  "He bled to death."

  "And why did he bleed to death," Lauren asked. She glanced at the jury. The members stared unblinking at her witness.

  "He had penetrating trauma to the abdomen."

  "Can you explain?"

  "John Sheffield was stabbed."

  "More than once?"

  Jury was still hanging on every word he said.

  "Seventeen times."

  Some in the audience gasped. Why did it sound so bad when he said it and not when she said it? Lauren would never understand. She looked out the window while she let that number sink into everyone's brain. A little dramatic, she knew, but she was up against a master actor in this case.

  "Seventeen times?"

  "Yes, ma'am," the doctor said.

  "Did the stabbings penetrate any organs?"

  "Yes, the spleen, the liver and a part of the colon."

  "So the bleeding was internal?"

  "And external, but his death was mostly because of the internal bleeding."

  "How long do you estimate the knife was?"

  "About twelve inches long."

  Lauren pursed her lips, then cocked her head. She chewed her lip for a moment. "What was the time of death?"

  "Approximately 9 at night."

  "On the date in question?"

  "Yes," the doctor said.

  His gaze never wavered from hers. Lauren always enjoyed using professional witnesses. Professionals were a known quantity. You get a defendant on the stand anything could happen. A forensic expert usually stayed within his or her expertise.

  And didn't flinch at any question.

  Lauren turned to Brad. "Your witness."

  Brad once again declined to cross-examine. Guess he didn't think he could discredit her witnesses. Fine in her book. The sooner the trial wrapped up the sooner she could get back to normal life.

  And her daughter.

  And keeping her safe.

  The doctor stepped down from the witness stand. Lauren contemplated her next move.

  She had one more witness. "Your honor, the state calls Mac Morrison."

  A skinny guy with glasses was sworn in then sat on the witness stand. He stated his name as Mac Morrison when prompted. His eyes darted around as if he'd never seen so many people in one place.

  She sighed inwardly. He wasn't her first choice, but he knew his stuff and he'd examined the DNA results.

  "Your profession?" Lauren asked.

  "I'm a forensic scientist."

  "You work where?"

  "For the Centre County Crime Lab."

  He pushed his glasses up his nose.

  "You examined the results of the rape kit taken from Miss Smith our defendant?"

  "Yes I did."

  "And what did you find?" Lauren asked, tapping her chin.

  "I found the results to be consistent with a rape."

  His gaze finally stopped hoping around the room and he rested it on Lauren.

  "Was there any DNA collected?"

  "Yes."

  "Did that DNA match the deceased, John Sheffield's DNA?"

  He'd sat back in the chair, obviously getting into the groove now that Lauren was asking him about science things. "No, it didn't."

  A gasp went through the courtroom.

  "Were you able to match the DNA with any known perpetrators?"

  "No the DNA was not in our criminal database."

  She frowned. "Is there anyone there could have been a mix up?"

  "No, ma'am. Strict chain of evidence procedures were adhered to."

  "Which are?"

  "The evidence was put in an evidence bag, dated and initial by the person who collected it. The bag was then given to a designated deliver person who gave a receipt to the evidence collector. That delivery person then was given a receipt by our office before we opened it. Each person who touched that bag has been documented."

  "Very thorough. Is it always done in pen?"

  "Permanent marker," Mac said.

  "Thank you." She spun on her heel to go back to her seat. "Your witness."

  Brad stood. "How long have you been a forensic scientist?"

  "Five years."

  "In that time, have there been mistakes made with processing DNA?"

  "There was one about four years ago."

  "So mistakes can happen, correct?"

  Mac blinked. "It is possible, but not probable."

  "No further questions, your honor," Brad said before he sat down.

  The jury hadn't reacted to Brad's line of questioning. Good. They believed her witness.

  "Does the state rest?" Ethan asked pulling her out of her reverie.

  She looked around at the jurors then at Brad before she turned her attention to Ethan. "Yes, your honor the state rests its case."

  "We'll take a fifteen minute recess then the defense can begin their case," Ethan said. He stood as did everyone in the courtroom. He left.

  Lauren plopped down into her chair.

  "You okay?" Brad asked.

  The Bailiff had taken Claire to a holding cell during the recess.

  Lauren blew a hair out of her face. "Yeah I will be."

  ***

  Lauren situated herself more comfortably in her chair knowing the rest of the afternoon would go slowly. She didn't have a lot to do except object once in a while.

  Brad postured like a true showman while he questioned his witness. His lone witness.

  Claire Smith took the stand with as much enthusiasm as a Christian going to the Lions must have. She shuffled up, raising her hand only when asked. With her other hand on the bible, she swore to tell the truth.

  "State your name," Brad said when she finally settled herself on the witness stand.

  "Claire Smith."

  "Do you understand why you are here today Miss Smith."

  Her lower lip quivered, but Lauren wasn't convinced it was an act. Her previous bravado had left her sometime during the recess.

  "I'm being charged with murder."

  "Exactly. Specifically pre-meditated murder. Do you understand what that means?"

  "Yes, someone explained it to me."

  Brad glanced at the jury, his hands on his hips. "Then explain it to me."

  She visibly gulped. "It means that I went to Mr. Sheffield's house with the idea to kill him."

  All the jurors nodded. Brad nodded as if acknowledging she was correct. He spun to gaze at her. Pretty graceful for such a big guy, Lauren thought.

  "Did you go to Mr. Sheffield's house with the intent to kill him?"

  Her eyes grew wide. "No."

  "Why were you at that house on that night?"

  Claire licked her lips. "He said he might have a job for me."

  "So you went with the idea that this man was going to help you?"

  "Yes."

  Claire shifted in her seat, while wiping tears. Someone sneezed. Feet shuffled as Brad let the silence go on a little longer.

  "What happened when you got to Sheffield's house?"

  "He let me in. He had wine poured and he invited me to sit in his living room. I sat across from him, but he insisted I sit next to him. Then he started kissing me and then he wouldn't stop." She burst into tears. Her lips quivered. "I was so scared."

  "What did he do next?"

  "He raped me. He tore at my clothes and raped me."

  Claire put her face into her hands. Brad let her cry for a few minutes.

  "Miss Smith, do you need a moment to compose yourself?" Ethan asked.

  She sniffed, shook her head. "No your honor. I can continue."

  "What did you do next?"

  "I found a knife and killed him," Claire said.

  "So you are saying that you killed your attacker. In self-defense?"

  C
laire nodded.

  "Please verbally answer the question Miss Smith," Ethan said.

  "Yes I killed my attacker."

  Brad once again let the silence grow. Lauren wanted to roll her eyes at the dramatic effect.

  "No more questions, your honor," Brad said before returning to his table.

  Lauren stood by her table to question the defendant. "So, Miss Smith, can you explain why none of Mr. Sheffield's DNA was found on you?"

  "Objection. Asking the witness to make supposition outside her field of expertise," Brad said.

  Ethan sustained it, but Lauren knew the damage was done.

  "No further questions your honor."

  "We'll take a recess until tomorrow morning at 9," Ethan said.

  ***

  When Lauren was finally able to look at her phone, another threat had been texted to her. She didn't erase it, but took the phone directly to the police department.

  A young man with a buzz cut took her statement and filed a report.

  "Have you ever had threats before?" he asked.

  "No, never."

  "Being a prosecutor that's pretty lucky."

  She nodded. Others had received threats, but all of them had turned out to be nothing. This didn't feel like nothing now that she was on the receiving end of things.

  When she finished with the cops, she called her boss on her cell while she drove to her parents' house.

  Sarah Long answered on the third ring.

  "Lauren?"

  "Sarah, I need to speak with you. Do you have a minute?"

  "Sure. How's your case going? Sorry I haven't had a chance to stop in."

  Lauren took a deep breath then let it out slowly. "I've received some threats. Three to be exact."

  "What did those threats say?"

  She stopped at a red light. "That my family will be hurt if I prosecute Claire Smith."

  "Wow. She doesn't even have any family. If she were a person with connections I wouldn't be surprised, but she isn't. She's a young girl."

  "I hadn't thought of it that way, but I'm still taking these threats as real."

  "As you should. Oh, I have a voice mail message from Brad Kennedy. Do you know what that might be about?"

  Lauren turned onto her street. "No idea. He didn't approach me after court today."

  "I'll call him back and let you know if it is anything. Be safe, Lauren."

  Chapter 4

  Lauren's boss Sarah called her again the next morning. Lauren wasn't even out of bed yet.

 

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