Stephen Penner - Presumption of Innocence

"He's a regular at Darkness," Faust answered. "Or he was anyway."

"When was the last time you saw him there?"

The answer was direct. "The night he murdered that girl."

"Objection." Welles smacked the table again. Ouch, ouch, ouch . "There's been no foundation for this witness's outlandish claim that my client was in any way involved with the unfortunate death of that young lady."

Judge Quinn looked down at Brunelle. "Can you lay some foundation, counselor?"

"I'd be happy to, Your Honor." He turned back to Faust. "How do you know he murdered her?"

Faust cocked her head slightly, with an almost puzzled expression on her beautiful face. "Well, duh. He told me."

And that, Brunelle knew, was the end of Welles' motion to dismiss. It's not hearsay if it's the defendant's own statements. It's evidence.

Brunelle nodded and paused before his next question, allowing Faust's testimony to sink in on the jury

"Let's back up." he said. "How often would you see Karpati at Darkness?"

Faust considered for a moment before answering. "Like I said, he was a regular. Not every night, but more nights than not."

"Was he associated with any particular group?" Brunelle still needed to prove the aggravator.

"Objection!" Ouch . "Calls for speculation."

"Lay some foundation first, Mr. Brunelle," Judge Quinn instructed.

"Yes, Your Honor," Brunelle nodded. He raised a hand to focus Faust's attention. "This is a yes or no question. Were you aware whether Mr. Karpati was a member of any particular group?"

Faust nodded crisply. "Yes."

Brunelle returned the nod. "And how do you know?"

Another full-lipped smile. "He told me."

Brunelle let himself exhale. Welles couldn't object anymore. Anything his client said could be used against him. Even to a bartender.

"And what did the defendant tell you about this group?"

Faust frowned for a moment in thought, then answered, "They called themselves 'No Bloods' and claimed to be vampires."

Again, a murmur rippled through the jury box.

Brunelle stopped and thought for a moment. Faust hadn't given him a lot, but it was what he needed and it was enough. He'd survive the halftime motion now. And the jury already knew Karpati was guilty; now they'd be allowed to render the verdict.

He could take Faust back to the beginning. Circle through her testimony again to make sure the jury heard and understood all of it. Flesh out the details. Expand it to its full potential.

Or not.

"No further questions."

Brunelle quickly sat down next to Yamata.

Faust had given him what he needed and he had no idea what else she might say. Best to shut up before any damage was done.

The good news was that Welles wasn't totally prepared for the abrupt ending to Brunelle's direct exam. He shuffled some papers together and stepped a little too quickly to the bar opposite Faust.

"Ms. Thompson," he started. "You claim my client confessed the murder to you?"

Brunelle knew Welles was flustered. That wasn't a well-worded question. It gave Faust too much room.

"More like bragged about it," she answered.

Welles' eyes narrowed a bit. "You're just a bartender, aren't you?"

"I'm not 'just' anything," Faust replied.

That was perfect. Especially for the jurors who were more bartender like Debra Thompson than lawyer like William Harrison Welles.

Welles realized his mistake too. "What I meant, Miss Thompson, is that you aren't a friend or confidante."

Faust considered. "I'm not a friend, but I'm a bartender. Pretty sure that makes me a confidante. Especially after a few drinks."

Welles tapped his pen against his legal pad. He was only bolstering her credibility.

"Well, you must hear a lot of stories then, is that right, Ms. Thompson?"

Faust smiled. "Oh, yes."

"Do you believe everything you're told?"

Faust shrugged. "Depends on who's doing the telling."

Brunelle smiled. She was doing great. Welles wouldn't want to ask the next question, but if he didn't the jury would wonder why. Or worse, know why.

"What if Mr. Karpati is doing the talking?"

Faust nodded. She looked down thoughtfully. She took a moment to consider her answer. "I always believed Arpad."

Welles was in the hole. Brunelle wondered if he'd stop digging.

"And why is that?"

Nope.

The comfortable smile Faust wore disappeared. "Because he doesn't talk much. But when he does, when he tells me something, something bad, I believe him. I learned to believe him. He said he raped Holly Sandholm and sure enough, he did."

The jury box and the gallery exploded with gasps and whispers. Welles' eyes bulged in the sockets. Yamata gave Brunelle's arm an 'I can't believe she said that' bump. And Brunelle just stared up at the witness who had saved his case.

"Your Honor," Welles finally said after regaining himself. "I'd ask the court to strike the last answer as nonresponsive."

"Objection," Brunelle said quietly.

"Sustained," Judge Quinn said. "You asked and she answered. Ask your next question."

The hole was deep. More questions about Holly were probably only going to make it worse. Brunelle hoped Welles was flustered and angry enough to push forward, but Welles gathered his papers together and stepped back to counsel table. He looked like he was about to sit down. When he opened his mouth to speak, Brunelle thought he was going to say, "No further questions.'

Not quite.

"You don't believe Mr. Karpati is actually a vampire, do you?"

Faust almost chuckled at the question. "No."

Welles returned the chuckle. "In fact, you would agree, wouldn't you, Ms. Thompson, that anyone who thinks he's a vampire would have to be crazy?"

Faust considered for a moment. "Yeah, I guess so."

"Thank you, Ms. Thompson." Welles nodded up to the judge. "No further questions."

"Mr. Brunelle?" asked the judge. "Any redirect?"

Brunelle considered. Welles hadn't really done any damage. He could try to expand a bit on some areas, but he could just expand it in closing. If he didn't ask any more questions, then Faust would be done and walk out the door.

And she hadn't even once used the phrase 'fucked from behind.'

"No further questions, Your Honor. Thank you."

The judge thanked and excused Faust. As she walked by Brunelle, she offered the smallest wink. Brunelle ignored it, save his racing heart.

"Any more witnesses, Mr. Brunelle?" The judge asked.

Brunelle stood. "No, Your Honor. The State rests."

Judge Quinn nodded, then looked to the jury. "Ladies and Gentleman, that concludes the State's evidence. You are adjourned until tomorrow morning. The attorneys and I will stay in session to discuss scheduling. Thank you."

The bailiff escorted the jurors into the jury room. When the door closed, the judge looked down to Welles. "Motion denied," she said. "Any reason you can't give your opening statement first thing tomorrow morning?"

Welles forced an apparently gracious smile. "None, Your Honor. Thank you."

"Will you be ready to call witnesses as well?"

"Not only will we be ready, Your Honor, we will relish it."

This time it was Quinn who forced the gracious smile. "Wonderful, Mr. Welles. Then if there's nothing else, court is adjourned until tomorrow morning."

The judge left the bench and Brunelle exhaled a huge sigh of relief.

"That was lucky," Yamata whispered to him as they gathered their pads and papers.

"Sure was," Brunelle replied. "But we're not out of the woods yet."

"No, Brunelle," Welles interrupted, "you certainly aren't. See you tomorrow."

"Thank you." Brunelle was leaning against the alley wall when Faust stepped through the backdoor at closing time.