Stephen Penner - Presumption of Innocence

"What about Dr. Anderson's testimony?" the judge tested.

Welles smiled sardonically. "You mean the testimony that was allowed after I withdrew my question? Well, apart from being an automatic appeal issue, her answer was rank hearsay. Although it may have been admissible to explain her scientific conclusions, the jury is not allowed to consider any statements by Miss Sandholm for their potential truth. My client was never able to cross examine Miss Sandholm, and therefore allowing the jury to consider her alleged statements as if she had actually testified would violate my client's right to confront his witnesses. I would expect the court to instruct the jury to disregard the statements for whether they are true or not, and limit their consideration only to explaining why the good doctor drew the conclusions she did. With that limited use, they also do not tie my client to the murder. And the court will grant my motion."

The judge looked back at Brunelle. "Counsel?"

Brunelle shrugged. "He's right, Your Honor," Brunelle conceded. "Dr. Anderson's statements were allowed to support her conclusion, not to admit Holly's statements without having her testify. But I disagree that the court would necessarily grant a motion to dismiss at this point. But either way, it's premature. We haven't rested yet and we need an adjournment until tomorrow morning."

Judge Quinn pursed her lips and nodded. "I will give you until tomorrow morning, Mr. Brunelle."

"Thank you, Your Honor," Brunelle replied.

"But Mr. Welles is right," she went on. "If you have no witnesses ready, you will rest your case. And if you rest your case as it stands right now…" she frowned, "…I will grant a motion to dismiss."

She stood up. "Court is adjourned until tomorrow morning at nine a.m."

The judge exited to her chambers and the attorneys packed up their belongings. Welles flashed a confident smile at Brunelle and Yamata, both of whom failed to offer any smile in return. Instead they walked into the hallway and waited in silence for the elevator.

When it came, they were the only ones on board. As the doors closed, Yamata asked, "Now what?"

Brunelle shook his head. "I don't know."

But, in truth, he did.

"You have to testify," Brunelle said. He tried to make it sound more statement than plea.

"You know I can't," came the reply. "And you know why."

"What I know," Brunelle answered, "is that if you don't testify, he walks."

A shrug. "That's your problem, not mine."

Brunelle frowned and nodded. He put his hands in his pockets and turned to leave. "You keep telling yourself that," he said. "Especially when the next girl dies."

The clock read 9:04. Judge Quinn was giving them extra time, Brunelle knew, but he also knew time had pretty much run out. Yamata came back in the courtroom from the hallway for the sixth time in as many minutes. Still no witnesses in the hallway, but this time Chen stepped in behind her. Any hope Brunelle might have had in seeing him was extinguished by Chen's shrugging shoulders and shaking head.

"Sorry, Dave. I got nothing."

"You look like hell," Brunelle observed. Chen had obviously been up all night. Brunelle hoped he'd found the other killer, but he would have preferred him finding a witness. Still, he knew his friend had done everything he could. "Not your fault, Larry. Maybe I can convince her not to dump the case."

"All rise!"

It was 9:05.

Quinn took the bench and her gaze immediately found Brunelle. "Is the state ready to call another witness?"

Brunelle stepped forward from the door to the attorney area. "Unfortunately, the State has no further witnesses, Your Honor."

He couldn't help but glance at Welles who was already standing up and displaying his asshole smile.

"Ordinarily, Your Honor," Welles trumpeted, "I would ask the state to rest in front of the jury. However, under the circumstances, that would seem to be a waste of time. As soon as Mr. Brunelle formally rests, we will move to dismiss the case. Your Honor has already indicated the likelihood of that motion being granted. Perhaps we could bring the jury out afterwards to explain what happened."

Judge Quinn looked to Brunelle. "Do you want to rest in front of the jury or not?"

Brunelle scanned the court room. The Montgomerys were in the front row. Duncan was in the back row. Edwards was by the door. And no one was coming in that door.

Still, insisting on resting in front of the jury would buy him some time. It would take several minutes for the bailiff to march them in, have Brunelle say the magic words "The state rests", and march them out again. Maybe he could use that time to manufacture an argument against dismissal.

"I'd like to rest in front of the jury, Your Honor."

Quinn frowned but nodded. "So be it." Then she instructed the bailiff to fetch the jurors.

They filed in and took their seats. Judge Quinn looked down at Brunelle.

"Does the state have any more witnesses?"

Time was up. Brunelle looked around the courtroom. He tried to ignore the knot in his stomach. He'd let down the Montgomerys. He'd let down Duncan. He'd let down Yamata. He'd let down Chen and in a way even Edwards.

But he'd fought the good fight. He hadn't given up. Sometimes you give your best and still lose.

"Your Honor." he sighed, "the State re-"

The door to the court room smashed open.

"Is this room 120?" demanded the shapely brunette in the doorway.

"Faust," whispered Brunelle.

"Fuck," hissed Karpati.

"Finally!" announced Faust. "You wouldn't believe how much trouble I had finding this stupid courtroom."

Brunelle smiled and shook his head. "The state calls Debra Thompson to the stand."

"Objection!" Welles even hit the table as he jumped to his feet. If yelling 'objection!' was like telling the jury 'ouch'-and every trial lawyer knew it was-then hitting the table was like crying on top of it and asking for your mommy. "The State was about to rest."

"Close only counts in horseshoes, Mr. Welles," the judge replied with the slightest grin. She turned to Brunelle. "Was this witness on your witness list, counsel?"

"Yes, your honor," Brunelle was relieved to answer. "She was mentioned in the reports we provided Mr. Welles prior to the bail hearing."

The judge nodded. "Then you may proceed."

Faust cat-walked through the courtroom to the witness stand. As she brushed past Brunelle, she whispered, "Just don't ask what we were doing when I told you everything."

Brunelle managed a poker face and quickly began his direct examination. "Please state your name for the record."

"Debra Thompson."

"Do you go by any other name?"

Faust smiled and tipped her head slightly. "People call me Faust."

A slight chuckle rippled through the jury box and mister computer guy scooted forward in his seat.

"How are you employed, Miss Thompson?" Brunelle continued after a moment.

Faust turned and directed her answer to the jurors. "I'm a bartender at Darkness."

"Is that a tavern?" asked Brunelle.

"No," Faust smiled, "because it's not 1644. It's not a tavern; it's a night club."

More light laughter from the jurors. A polite smile from Brunelle.

"How long have you worked there?" he asked.

She shrugged. "Long enough."

Brunelle nodded and crossed his arms. At least the jury wouldn't think he'd coached her.

"Okay." He decided to move on. "Are you acquainted with the defendant, Arpad Karpati?"

She paused, then offered a soft, "Yes."

She didn't look at Karpati, but everyone else did. And he was trying to stare a hole right through her. Sometimes the best evidence is how a defendant conducts himself in court.

"How do you know Mr. Karpati?"