William Bernhardt - Criminal intent

"Bench conference," Ben said, but by that time, he was already halfway there. Canelli fell into place behind him.

"Your honor," Ben began, "this witness is not on the prosecution's list."

"He's on their list," Canelli rejoined. "He's the one they went to all the trouble to add a few days ago, remember? Then they tried to have him yanked. They know all about him. They can hardly claim unfair surprise."

"It is unfair surprise, your honor. We had no idea the prosecution intended to call him. What's more, the man is a terminal liar."

"Which I suppose explains what he was doing on your list in the first place," Canelli replied.

"No," Ben said, "it explains why we decided we couldn't call him. He offered me testimony that would help my client, but I turned it down because I knew it wasn't true."

"That's funny. I don't think his testimony is going to help you at all."

"Because he's changed it! When I wouldn't put him on the stand, he must've changed his story around so that you would!" Ben appealed to the judge. "Your honor, this witness didn't see anything. He just wants a piece of the action. He wants to be on television. I think he has some crazy idea that being in this highly publicized trial will jump-start his acting career."

Canelli turned to the judge. "Obviously, your honor, in the course of preparing the witness they realized he had information that would damage their client's case, so they decided not to put him on the stand. But because Mr. Ellison is a civic-minded gentleman who only wants to see justice done, he came to the prosecution with his information."

"Civic-minded gentleman? We're talking about a punk with a pierced tongue!"

"Gentlemen, please!" Judge Pitcock looked at them sternly, his left hand covering the microphone. "I appreciate your concerns, Mr. Kincaid, but what do you want me to do? Given the circumstances, you can't claim unfair surprise, and I can't preclude the prosecution from calling a witness who could have relevant information."

"But he doesn't, sir. He's a liar. He's making it up as he goes along. He told me one story one day, then wanted to change it all around the next."

"You'll have an opportunity to demonstrate that on cross."

"How? There were no witnesses to our conversations other than myself."

Pitcock shook his head. "I can't tell you how to try your case, Mr. Kincaid."

"Fine. Then I'll testify."

"The defense attorney testifying on behalf of his client? You know perfectly well I can't permit that."

"Then I'll step down from the case. Ms. McCall can handle the remainder."

The judge's head was still shaking. "Same firm, same lawyer."

"Then we'll both resign. I'll find a replacement to defend Father Beale."

"Change lawyers in the middle of a murder trial? You can't be serious."

Ben was about ready to tear out his hair. Or Judge Pitcock's. "Your honor-this witness is a liar!"

"Then you may cross-examine him and attempt to prove that. If you need more time to prepare, I'll give it to you. But that's the best I can do. I've bent over backwards to give your client a fair shake, Mr. Kincaid. But I can't exclude pertinent witnesses just because you don't like what they're going to say." He turned his head. "Mr. Canelli, call your witness."

Ben returned to counsel table and watched as Marco Ellison took the stand. Canelli had outfitted him in a dress shirt and pants, which was a definite improvement, although the Sunday school outfit was a bizarre contrast to the punk haircut and piercings.

Canelli quickly established that Marco had been at the wedding, had left early, had wandered out into the prayer garden, and had seen Father Beale after he left the sanctuary.

"How long did he remain in the prayer garden?" Canelli asked.

"Not long at all. Barely fifteen seconds. He checked his watch, as if he had an appointment or something, then headed to the rear doors of the church."

"The ones closest to the offices."

"That's right. He would've gotten there… at most maybe a minute after the wedding concluded."

"Which means he was there at the time the murder occurred," Canelli summed up. "Thank you for your testimony. I pass the witness."

Ben didn't waste a beat before launching his attack. "Mr. Ellison, isn't it true you approached me not five days ago and told me you had testimony to offer the defense?"

Marco seemed undisturbed. "That's true."

"And isn't it true you told me you had information that could help Father Beale?"

"That's what I said."

"And isn't it also true that on the next day you offered to 'improve' your story? Which is why I took you off my witness list."

"I don't know what you mean by 'improve.' "

"Then let me put it bluntly. You offered to lie to make your story better. So I'd put you on the stand."

"Now wait a minute. That isn't so."

"Didn't you say, 'Hey, I know it's all a game'?"

Marco edged forward. "Are you kidding? You were the one who said that."

"Me?" Ben's eyes widened. "Why would I-?"

"You told me trials were just a game and everyone knew it and tried to get me to change my testimony to help your client."

Ben felt his pulse racing. There were few things more frustrating than hearing someone sit in that chair and say things you knew were lies-especially when you had no means of proving it.

Marco continued. "You told me something I didn't really understand about the time of death-you wanted me to say the priest had been in the prayer garden longer than he really had. But I wouldn't do it. So you told me you wouldn't use me at trial."

Ben tried to control himself. "Mr. Ellison, I've been practicing law for many years now. I have never encouraged a witness to say something that wasn't true, and I'm not likely to start on a podunk liar like you."

"Your honor!" Canelli said. "I object!"

"The objection is sustained." Judge Pitcock's voice was considerably colder than usual. "Restrain yourself, Mr. Kincaid, or there will be repercussions."

Repercuss away, Ben thought silently. It was important that the jury knew how he felt about these accusations in no uncertain terms.

"Mr. Ellison, were you even at that wedding?"

"Of course I was. I said-"

"You've said a lot of things, and most of them were lies. I was at that wedding, and I don't remember seeing you. Were you there?"

"Yes!"

"Why?"

"Why?" He seemed startled by the question. "To-to see the wedding."

"But why? Do you go to all the weddings at St. Benedict's?"

"I… knew some of the people involved."

"Some of the people involved? You mean some of the people getting married?"

"Yeah. Right."

"Who was getting married? Do you even know?"

Marco was beginning to twist uncomfortably. "Of course I know. There was… that guy who works with you. I've seen him in the courtroom."

"Do you know his name?"

Canelli rose. "Your honor, I object. This quiz show about the wedding is not relevant."

Judge Pitcock didn't wait for Ben to respond. "I think I'll allow it."

"Jones!" Marco said triumphantly. "That's his name. I don't know his first name."

Well, no one does. "And is that why you were there? Because you know Jones? Because he sure as heck doesn't know you, and I can call him to the stand to say so, if necessary."

"Uh, no. I was there for… the other one. The woman."

"Patty?"

"Yeah, Patty. That's right."

Ben stepped away from the podium and faced the jury. "Her name is Paula."

Now it was Marco's turn to be angry. "He tricked me!" He turned toward the judge. "He tricked me!"

The judge nodded. "He certainly did."

"I knew it was Paula. I just got confused."

"Tell us the truth, Marco," Ben said. "You weren't there. You don't even know who was getting married."