“Let me ask a slightly different question,” Reilly said, addressing the witness again. “How, sir, do you know the sexual assault followed the death?”
“Objection. Asked and answered.”
“Not so. Before, I asked about the sequence. Murder first. Sexual assault second. Now I am asking the witness to tell the jury how he knows that is in fact the correct sequence.”
“Your Honor,” Klein responded, “the witness already answered that as well. Mr. Reilly should not be allowed to ask that same question again.”
Brooks could see that Klein was frustrated. Klein knows she’s going to have a tough time convincing the jury of the justification for assaulting a dead body. But enough’s getting to be enough.
“Mr. Reilly, I think the witness did answer this question. I’m going to give you a little more leeway. Don’t abuse my generosity.”
“Thank you, Your Honor. I do think the jury is entitled to know with perfect certainty just what examination of the body the witness is referring to.”
“The witness may answer.”
“I am referring to an examination of the vaginal linings and surrounds.”
“Please elaborate,” Reilly continued.
“Enough!” Brooks exploded. “I don’t need to wait for an objection from Ms. Klein. I get the picture and so does the jury. We don’t need any more graphics. Move on, Mr. Reilly. Or I’ll assume you have no more questions for this witness.”
“Very well, Your Honor. I have here several pictures of the body and the scene I would like to have admitted into evidence as People’s Exhibit B. I have copies for you and Ms. Klein.”
“Okay, let’s see them. Hand one set to my clerk and one set to Ms. Klein.” After a few moments, Brooks said, “Any objections, Ms. Klein?”
“Yes, Your Honor. I think the pictures are intended to incite the jury and are unnecessary.”
“Well, I’m okay with the pictures of the scene,” Brooks responded. “They show the blood markings in the entryway and the forensic markings of the footprints. I think the jury should have the opportunity to see that. However, I think the pictures of the deceased, particularly the female parts of her body, are unnecessary and are likely to incite beyond their probative value. Exhibit B will be admitted into evidence solely as to the photographs of the scene.”
“Thank you, Your Honor,” Reilly responded.
Brooks held his tongue. What a sanctimonious ass. What’s he thanking me for? I just kept out what he really wanted to get in. He knew I would, but he also knows the jury will imagine what those photographs look like. I can’t prevent that. Reilly didn’t get to be the DA for nothing. “Do you have any further questions for this witness, Mr. Reilly?”
“Dr. Hwang. Do you have an opinion as to whether the killer was personally acquainted with the senator?”
“Objection, Your Honor. Beyond the witness’s expertise.”
Brooks thought about the objection. Technically, Klein’s right, but I’d like to know the answer to that question myself. “Overruled. Mr. Reilly established at the outset of the witness’s testimony that he has been studying crime scenes for more than twenty years. I’ll allow the question.”
“I don’t believe the killer knew his victim.”
“Why do you say that?”
“Because the evidence shows he kicked in the front door of the townhouse to gain entrance. If he knew the senator, he could simply have knocked on her door and she would have opened it.”
Reilly had only one more line of questioning for Dr. Hwang. To establish that Dr. Hwang had made contemporaneous written notes of his work on this case and that he did that as a matter of his regular practice. Only notes contemporaneously made in the ordinary course of one’s work are considered reliable enough to be seen by the jury in their deliberations. “I have just one more item for this witness, Your Honor, if I may. I would like to admit into evidence as People’s Exhibit C Dr. Hwang’s notes made contemporaneously during the course of his investigation of the crime scene and the body.” Reilly showed copies of the witness’s crime scene notes to both Brooks and Klein.
“Objection, Your Honor. The notes cover numerous matters on which Dr. Hwang has not been examined.”
“Sustained. Exhibit C will not be admitted into evidence. To avoid any subsequent exhibits already marked by counsel from having to be renumbered, Exhibit C will continue to be referenced in the record without any accompanying content other than the words ‘Not admitted.’”
“Your witness, Ms. Klein,” Reilly stated.
Klein rose to begin her cross-examination of Dr. Hwang. Brooks stopped her. “Just a moment, Ms. Klein. It’s past the time for our afternoon break. Do you have an estimate of how long you will spend cross-examining Dr. Hwang?”
“My cross-examination of Dr. Hwang will probably take us through the balance of the afternoon, Your Honor.”
“Alright, then, Mr. Reilly, if you have any other witnesses here, you can let them go for the day. Just make sure they are back and ready to go first thing in the morning. Fifteen minutes, ladies and gentlemen of the jury. Dr. Hwang, you’re free to step down and use the facilities, walk around, stretch your legs. But please don’t talk with anyone about the case during the break.”
* * *
KLEIN WAS RELIEVED. SHE desperately needed the fifteen minutes to organize her cross-examination. And she couldn’t have cared less if Hwang spoke to anyone on the break. Unless to someone who somehow knows what I’m going to ask him on cross-examination.
CHAPTER 97
Tuesday, August 4, 3:15–4:00 p.m.
DR. HWANG RETURNED TO the witness chair following the afternoon recess.
“Good afternoon, Dr. Hwang,” Klein began her cross. “It’s nice to see you again. You do quite a bit of this kind of testifying for the prosecution, don’t you?”
“Good afternoon, Ms. Klein. Yes, I do. It’s part of my job.”
“Indeed, it is. Part of your job. As you just put it. To testify for the prosecution. But you didn’t mention that to the jury earlier when Mr. Reilly asked you to outline your job description.”
“Enough, Ms. Klein,” Brooks interrupted. “Please stick to your questions and not your closing argument.”
“Dr. Hwang, you said that you examined both the senator’s body and the crime scene. Other than the senator’s, did you find any fingerprints on the body?”
“No, we didn’t.”
“Did you find any DNA evidence on the body?”
“No, just the senator’s own DNA.”
“Do you have any explanation for this?”
“My assumption is that the assailant was a very bright and careful person. Very capable. He knew how to leave behind him what we in the profession refer to as a clean crime scene.”
“I see. Maintaining such a clean crime scene, then, is nothing a mentally deranged person would be capable of achieving.”
“Objection,” asserted Reilly. “There was no question there. Besides, it’s argumentative and beyond the witness’s forensic expertise. The witness is not a psychiatrist.”
“Objection sustained. Ladies and gentlemen of the jury, you will disregard Ms. Klein’s statement.” Touché, Klein! What’s good for the gander is good for the goose. The jury will have gotten the point in spite of the fact that I had to sustain Reilly’s proper objection.
“And, by the way, no weapon either, right?”
“That’s correct.”
Brooks watched Klein looking at her notes. “Any other questions for this witness, Ms. Klein?”
“Just one more question, Your Honor. Dr. Hwang, do you not think it’s possible the assailant wanted to cover up that he knew the senator and was admitted into her home by kicking in the door? Perhaps as he was leaving the scene?”
“That’s absurd. No, I don’t believe that.”
“Why not? Why do you say that premise is absurd?”
“Because I just don’t believe that. You asked me what I believed and I told you
. Some beliefs are based on experience and aren’t necessarily something that can be tangibly demonstrated. That’s my opinion based on my experience.”
It was all Brooks could do not to break out in laughter. That’s precisely what experts say when they have nothing to back up an opinion. If I see that, the jury probably will too. And Klein will argue that in spades at the closing. That one clever enough to manage a clean crime scene might also be clever enough to kick in a door to cover up an acquaintanceship with the victim. Whether someone as emotionally wrought as Norman could pull all of this off certainly bears on reasonable doubt. It will be interesting to see how the shrinks soon testify on this. Stealing a glimpse at the jury, Brooks could see that Klein had indeed accomplished her goal of showing the jury what a hired gun for the prosecution Hwang really was.
“Thank you, Dr. Hwang. No more questions, Your Honor.”
“Mr. Reilly?”
“No more questions, Your Honor.”
“Thank you for your time, Dr. Hwang. Ladies and gentlemen of the jury, we’re adjourned for the day. We’ll resume tomorrow morning at eight thirty sharp.”
CHAPTER 98
Tuesday, August 4, 4:00 p.m.
CLIFF NORMAN THOUGHT ABOUT what he had seen and heard today. Klein seems to be doing a great job. Bet the jury thinks so, too. She’s got them wondering how someone as messed up as I supposedly was could have managed all that evidence so well. Klein’s a smart lady. Glad she’s on my side. Wish I could discuss this with her. And with Paige. But I just can’t take the chance.
* * *
LOTELLO HAD JUST RECEIVED another blow by blow from Barnet. This Klein seems to be pretty good, Beth. Barnet thinks she’s got the jury thinking it could be just about anyone who killed Wells. And quite possibly not Norman. Can’t wait for Foster to get back in town tomorrow. Especially to find out if he knows anything about Hollister or Thomas. I also wonder what the deal is between Thomas and Reyes. Could the president actually be in on this somehow? I only have a couple more days at most to pull this all together. Not there yet, Beth. Not by a long shot.
CHAPTER 99
Tuesday, August 4, 5:00 p.m.
AP Online News
Rachel Santana
FIRST DAY: PROSECUTION 0, NORMAN 1
TO THIS WRITER, THE prosecution didn’t accomplish a thing today. All we have is what we already knew. Senator Wells was murdered and then raped in her home on the night of February 5. DA Vincent Reilly spent most of the day trying to show that the killer was unknown to Wells. As was the defendant, Cliff Norman.
Norman’s counsel, Public Defender Leah Klein, turned Reilly’s star witness, Raymond Hwang, chief medical examiner of the District of Columbia, upside down. Forcing him to admit that the killer, smart enough not to leave behind any fingerprints or DNA, could also have been smart enough to distort evidence that Wells may have known the perpetrator and let him into her home. It’s not likely she would have let the disheveled Norman into her home.
If Reilly doesn’t make a better connection to Norman tomorrow, Klein may not even have to put on a defense case. This case could be over before it has hardly started.
CHAPTER 100
Wednesday, August 5, 8:30–9:45 a.m.
THE JURY, COUNSEL, AND Norman were all in their seats. Brooks entered the courtroom from his chambers and took the bench exactly at 8:30 a.m. “Good morning, everyone. Any more witnesses, Mr. Reilly?” Brooks had the same witness list as counsel and certainly knew that Reilly had more witnesses. This was just his way of subtly suggesting to the jury that he was just one of them, watching things as they unfolded. Nothing could have been further from the truth.
“Good morning, Judge. The people have three more witnesses they will call in their case-in-chief.”
“Very well. Please proceed.”
“Thank you, Your Honor. The people call Lucius Randall to the stand.”
Lucius Randall, dressed in some kind of officer’s uniform that Brooks didn’t recognize, was sworn in and seated.
“Good morning, Officer. Are you employed as a security officer at the Capitol building?”
“Yes, sir. I am.”
“How long have you been employed in that capacity?”
“For just over two years.”
“So, you were a security officer at the Capitol building back in January 2013.”
“Yes, I was.”
“Do you recall if you were on duty on the morning of Friday, January 23, 2013?”
“I was.”
“I don’t recall what I was doing on that date. Would you please tell the jury how it is that after all these many months you remember being on duty at that particular time?”
“I remember very well because of an unusual incident that occurred that morning.”
“What was that incident?”
“From the rotunda on the ground floor of the building, where I was stationed, I heard a commotion going on just outside the front of the building. It sounded like someone was out there shouting. I went out to see what it was. I saw the defendant, Mr. Norman, parading up and down in front of the building, shouting at the top of his lungs. But at no one in particular. I approached Mr. Norman and informed him I would have him arrested if he didn’t move along. He just ignored me. So I called the police. He was still there shouting when they arrived. They took him away.”
“I see. I guess I would have remembered that, too. By the way, do you happen to recall what Mr. Norman was shouting?”
“I do, because he kept saying the same thing over and over.”
“Please tell the jury what Mr. Norman was shouting … over and over.”
“Mr. Norman kept shouting, ‘It’s all your fault. You did it. You killed Ryan. I’m going to get even.’”
“You’re sure that’s what he said? ‘It’s all your fault, you did it, you killed Ryan. I’m going to get even.’”
“Yes, sir, that’s what he said. Over and over.”
“Thank you, Officer. No further questions at this time. Your witness, Ms. Klein.”
“Thank you,” Klein said. Reilly may have repeatedly referred to this guy as an officer to impress the jury with his presumed credibility. Well, he’s not an officer of the law. He’s just a private citizen. In a Halloween costume. Designed to get the attention of those who come into contact with him. Damned if I’m gonna call him Officer. “Good morning, Mr. Randall. I have only a few questions for you.
“Who is Ryan?”
“I’m sorry. I don’t understand your question. Who’s Ryan?”
“Right, you understood me. Perfectly. Who’s Ryan?”
“I don’t know who you mean.”
“Didn’t you just testify that Mr. Norman repeatedly referred to someone named Ryan?”
“Yes. He did.”
“So, do you know the person Ryan to whom Mr. Norman was referring?”
“Oh. Now I understand you. Uh, I didn’t know who Ryan was at the time of the incident. Later, I came to learn that Ryan was Mr. Norman’s son.”
“And how did you come to learn that, Mr. Randall?”
“I’m not really sure, ma’am. It seems like I read it somewhere. Or someone told me.”
“Do you recall who might have told you that?”
“No. I don’t believe I do. I just heard it somewhere.”
“Okay. You say you heard Mr. Norman making those remarks over and over?”
“Yes, ma’am. He said it over and over.”
“Who was he saying that to?”
“I guess to everyone and no one at the same time, ma’am.”
“Was there someone in particular to whom he was speaking? Or who was speaking to him?”
“Not that I saw, ma’am.”
“Do you know anyone else who heard what Mr. Norman was saying?”
“There were people walking by from time to time. But I didn’t see anyone stop. Most everyone who saw or heard him seemed to hurry off. Not wanting to get involved.”
“So, you’re n
ot able to identify anyone aside from yourself who heard what Mr. Norman said? Is that right?”
“That’s correct, ma’am.”
“Mr. Randall, did you happen to see an article that appeared in The Washington Post the day after Mr. Norman’s arrest as a result of the call you made to the police?”
“Are you referring to the article by Rachel Santana?”
“Yes, I am. How did you know that? I didn’t mention her name.”
“Oh, I know that because Rachel Santana sent me a copy of the article.”
“Do you have any idea why she did that?”
“Well, she came out and interviewed me when Mr. Norman was arrested. She asked me whether I heard what Mr. Norman said. I told her the same words I said here today.”
“I see. Mr. Randall, did you write down the words that you heard Mr. Norman say?”
“No, ma’am, I didn’t.”
“Well, then, Mr. Randall, how do you remember so well what Mr. Norman said?”
“Ma’am, he said those same words over and over. After a few times, they just stuck with me real good.”
“Really? Mr. Randall, are you telling me that, today, seven months or so after you heard Mr. Norman say those words, you still remember, word for word, exactly what Mr. Norman said back then? Not to you. And to no one in particular?”
“Well … not exactly, ma’am.”
“What do you mean, Mr. Randall, by ‘not exactly.’”
“Well. Just last night I met with that Mr. Reilly over there. He gave me the words and went over them with me several times to make sure that I remembered them.”
“Several times, you say. Why several times, Mr. Randall?”
Brooks-Lotello Collection Page 57