Sins of the Fathers (34 page)

“What was the sound that got your attention?”

“Like shots.
Bang bang bang.
Like that.”

“What did you see?”

“I looked to my right and saw him”—she nodded toward Darren—“holding a rifle and just shooting at everything he could.”

“May the record show the witness has identified the defendant?”

“The record will so reflect,” said the judge.

Colby said, “What did you do in response to the shootings?”

Janelle Thompson took a deep breath. Now she appeared to be fighting for strength. “My first thought was for Cody. I thought,
Oh
my God, he
’
s shooting the children.
People started to scream. I was in the stands and I tried to get down. People were standing up all around me. It was terrible chaos. But I fought my way down, screaming Cody’s name.”

She paused. Stillness captured the courtroom.

“When I got to the field,” Mrs. Thompson continued, “I saw Cody lying in the dirt. I ran to him. I dropped to my knees and screamed for somebody to help. He looked me in the eyes, but only for a second. That’s how long it took him to go. That’s how long I had with my boy before he died.”

Colby nodded slowly. Not a sound filled the courtroom save the slight rustling of pencils on paper as reporters took notes. “How has your life changed since you lost your son, Mrs. Thompson?”

“Objection,”Woodard said. “Relevance.”

Judge Lipton said, “Yes, I will sustain the objection at this time.”

But Lindy knew no objection could remove Janelle Thompson’s expression from the jurors’ minds. She fought back tears, and just as clearly held on to her dignity.

“Thank you, Mrs.Thompson,” Leon Colby said. “I have no further questions.”

“No questions at this time,” Everett Woodard said.

“What?” Lindy whispered so loudly the judge snapped a look at her.

Judge Lipton said, “Mrs. Thompson, you may—”

“One moment, Your Honor,” Lindy said.

Again, a sharp look. “What is it, Counsel?”

“May I confer with my co-counsel?”

“Regarding what?”

“Regarding cross-examination of this witness.”

“Mr.Woodard said there would be no questions.”

“I would like to confer with him on that,” Lindy said.

Lipton shook his head. “I’m not going to have the two of you discussing these matters in open court. Mr.Woodard is the lead counsel, and therefore what he decides to do will be decisive. Now, I will allow it this one time, but from this point forward I want the two of you to get your act together, is that understood?”

“Understood,” Lindy said.

Everett Woodard leaned down to Lindy and whispered, “What are you doing?”

“Ask her about the aiming issue,” Lindy said.

“That crazy stuff about the videotape?”

“It’s not crazy. Her story contradicts it.”

“I’m not going to cross-examine on that issue. It doesn’t help us either way. It’s simply not relevant.”

Still whispering, Lindy said, “I want to get this on the record. I want to know exactly what she says happened.”

“Let this go, Lindy. I’m telling you.”

The judge interrupted. “Have we got a decision or not?”

“May we approach the bench?” Lindy said, drawing a look of rebuke from her co-counsel.

“No,” said Judge Lipton.“You may not approach on this issue. Are you going to cross-examine or not? Mr.Woodard, you may answer.”

Woodard said,“We will not cross-examine this witness.”

Lindy balled her hands into fists.

5.

Leon Colby addressed the next witness. “Officer Glenn, you were the arresting officer in this incident, were you not?”

“Yes, I was.”

“You arrived at the scene after receiving a radio call, correct?”

“Correct.”

“When you arrived at the scene, please tell us what you did.”

Glenn turned slightly toward the jury. “My partner and I proceeded toward the baseball diamond. We encountered several people who were agitated. Some of them were crying. A couple of them were yelling at us to do something. I was finally able to ascertain from one of the people that the suspect had been shooting and had been apprehended over in the play area.”

“About how far was the play area from where you were standing?”

“Not very far. I’d say about fifty yards.”

“What did you do next?”

“My partner and I proceeded to the play area, where we saw several men holding the defendant down on the ground. A man who was standing close by held the rifle that was taken from the defendant.”

Colby took the rifle from his counsel table and showed it to the witness. “Showing you now People’s Exhibit Four, can you tell us if this is the rifle?”

“Yes, it is.”

Colby put the rifle back on the table, in full view of the jury.

“Did you arrest the defendant?”

“Yes, I did.”

“Did the defendant offer any resistance?”

“No, he did not.”

“Would you describe the defendant as fairly passive?”

“Yes.”

“Cooperative?”

“To a point.”

Colby paused, frowned slightly. “What do you mean, to a point?”

“I mean that we read him his Miranda rights and he decided not to talk to us.”

“So he did not request a lawyer or anything like that?”

“Nothing. He didn’t say a word. He didn’t have to.”

Again, Colby paused. “Why didn’t he have to?”

“Because he gives us, you know, an obscene gesture.”

“An obscene gesture?”

“Yes. You can say a lot with one finger.”

Colby nodded his head but did not ask another question. Which made Lindy all the more curious about this exchange. She leaned over to Woodard and said, “I want to cross-examine.”

Perhaps fearing another outburst of bickering in open court, Everett held up his hands, shook his head, and said, “Fine.”

6.

“Officer Glenn,” Lindy said, leaning on the podium, “You testified in the preliminary hearing in this case, did you not?”

“Yes.” His voice was clipped, formal, and aggressive. He had probably been waiting for this moment, hoping for it, since the prelim. Lindy told herself not to get too aggressive in return. This was going to be a showdown between two poker players.

Lindy had the transcript from the preliminary hearing on the podium. “I’m turning now to page forty-seven of the preliminary hearing transcript. I will ask if you recall the following exchanges. Mr. Colby asked you, ‘Did you proceed to take the suspect into custody?’ And you answered, ‘I did.’ Question: ‘How would you describe the suspect’s demeanor?’ Answer:‘He didn’t offer any resistance.’ Do you recall being asked those questions and giving those answers?”

“If it’s in the transcript, I guess I did. But since I don’t have the transcript in front of me I can’t remember exactly everything I said. It would be nice if you provided me a copy.”

Clever boy. Make it seem to the jury that the big bad defense lawyer
is not playing fair.

“Shall I have the judge explain the law to you, Officer Glenn? That this is a perfectly legitimate way of helping you to recall what you said?”

Before Colby could object, Judge Lipton, with only slightly muted sarcasm, said, “Thank you, Ms. Field. The court appreciates your concerns. Continue with your questions.”

“I would have the court remind the witness to answer only the questions that are asked.”

“The witness knows that, Ms. Field. Continue.”

“Now that I have read these questions and answers to you, Officer Glenn, do you or don’t you recall this testimony?”

“I recall it.”

“By the way, when you testified at the preliminary hearing you testified under oath, did you not?”

“Of course.”

“And when you swore to tell the truth, the whole truth, and nothing but the truth, that is the same oath you took here today, correct?”

“I know what the oath is.”

“Going on with page forty-seven of the transcript, Mr. Colby asked you if the defendant was cooperative. At that point I raised an objection, which was sustained. Mr. Colby then asked you to expand on your answer that the defendant did not offer resistance. And you said ‘He was cooperative.’ Do you recall giving that answer?”

“Yes.”

“Question: ‘Did you advise the suspect of his Miranda rights?’ Answer: ‘Yes.’ Question: ‘Did he say that he understood his rights?’ Answer: ‘He chose not to say anything.’ Do you recall being asked those questions and giving those answers?”

“Yes.”

“You then stated in the transcript that you asked no further questions of the defendant. Do you recall saying that?”

“Yes.”

Lindy closed the transcript. “Officer Glenn, at no time during the questioning by Mr. Colby did you ever say anything about the defendant giving you an obscene gesture, isn’t that true?”

The witness leaned forward and Lindy thought she saw the start of a sly smile. “He never asked me about it. I only answer the questions that are asked.”

A couple of the jurors laughed.

“Then I will ask you a question that you can answer yes or no, Officer Glenn. You did not mention this obscene gesture at the preliminary hearing, did you?”

“I did.”

She could not believe his reply. “Excuse me, Officer Glenn. Can you direct me to the portion of the preliminary transcript where you mentioned the obscene gesture?”

He looked at the judge. “May I answer in my own way?”

“I’m interested in your answer too, Officer,” Judge Lipton said.

“I mentioned it at the preliminary, but off the record. I mentioned it to Mr. Colby. He didn’t seem interested, so I didn’t push it. There was a lot going on, as there usually is when you’re called in to testify.”

“Officer,” Lindy said, “I want you to listen very carefully to my next question. Can you do that for me?”

He smiled. “Sure.”

“Here it is: Did you or did you not state while under oath that my client gave you an obscene gesture?”

“I did not state that while under oath, because I wasn’t asked. I just thought—”

“That’s enough,” Lindy said.

“—Mr. Colby would ask—”

“Your Honor, I object to the witness carrying on.”

“Sustained,” Judge Lipton said. “The jury will disregard the last statement by the witness.”

Sure. Right. Try to unring the bell.
“Officer Glenn, so the jury under-stands”—Lindy turned toward the jury box—“and just so we’re clear: You didn’t make any statement about an obscene gesture under oath at the preliminary hearing. Was it mentioned in the police report?”

“No. I didn’t feel—”

“Thank you. No further questions.”

Leon Colby had only two questions on redirect. “Officer Glenn, you are testifying today under oath, isn’t that correct?”

“Yes.”

“Have your answers today been truthful?”

“Yes, of course.”

“Thank you.”

Yes, of course. Officer Glenn and Leon Colby are a couple of angels,
flapping around the courtroom.

Lindy stole a glance at the jury. They seemed carved as Rushmore—twelve great, stone faces set in a mountain of disapprobation. Things would have to get better soon, or the rocks would come down on Darren DiCinni.

SIXTEEN

1.

Judge Lipton took Friday off for a “personal matter.” Lindy figured it was a fishing trip. Lipton was known to throw three-day weekends into his schedule every now and again so he could chase bass.

Which almost gave Lindy and Roxy the day off.

Almost.

Roxy came to Lindy’s at eight, bearing Starbucks. But Lindy noticed the twin venti cups shook in Roxy’s hands.