James Sheehan - The Law of Second Chances

“He probably tucked it in his pants or a pocket. It’s not a particularly large weapon.”

“Before the three individuals saw him from their windows?”

“Sure.”

“And is it accurate that there is no other physical evidence linking the defendant to this crime-no DNA evidence, no fingerprints, no hair fibers-other than the fact that he was present on that street and was seen kneeling over the victim after he was shot?”

Tony Severino took a deep breath. He didn’t want to answer the question. “Do you mean other than the fact that he was the only person in the area when Carl Robertson was murdered?”

Jack didn’t waste time arguing with him. He went directly to the judge.

“Your honor, I asked a question that calls for a yes or no answer. Would you instruct the witness to answer the question?”

“Answer the question, Mr. Severino.”

“No. There was no physical evidence other than the fact that the defendant was identified leaning over the body moments after Carl Robertson was shot.”

“Thank you, Detective. In your analysis of the crime scene, did you assume that the murderer was close to the deceased at the time of the murder?”

“Yes.”

“How close?”

“Within a few feet.”

“How did you determine that?”

“The witnesses came to the window immediately and he was already kneeling over the deceased. He had to be very close. There was no time to come from somewhere else.”

So far it was plausible to think that Benny could have shot Carl, taken his money, and stashed the gun before any of the three eyewitnesses reached their windows and looked out and saw him. Anything else would have been implausible in that short a time. Jack looked at the jury just to make sure they were still awake. They were listening intently; they wanted to see where this was going. Only Jack knew that he now had Tony Severino on that dead-end street.

“The bullet that you showed the jury and that counsel introduced into evidence as exhibit number 6, I believe, was taken from the deceased’s skull-is that right?”

“That’s right.”

“Now, that bullet before it is fired is in a shell casing, right?”

“Right.”

“And when it is fired from that Glock nine-millimeter the shell is ejected, right?”

“Yes.”

“And it lands in the immediate area where the gun is fired?”

“Usually, yes.”

“I’m not sure I understand that answer. It pops right out, doesn’t it?”

“Yes, but it could roll away if the surface was uneven or something.”

“Was the surface of Seventy-eighth Street and East End Avenue uneven?”

“Not that I noticed, no.”

“You searched the immediate area for that shell casing, didn’t you?”

“Yes.”

“But you didn’t find a shell casing, did you?”

“No.”

“Did that lead you to any conclusions?”

“Yeah. He must have picked it up.”

“Who’s ‘he’?”

“The defendant.”

“Let me see if I understand this. A shot rings out. Three people hear it and go to their windows immediately and they see a man kneeling over the deceased. From their observations, he doesn’t have a gun, he doesn’t take anything off the deceased, and he’s not searching on the ground for an empty shell casing. It is your theory that before all three of those people got to their windows and looked out, he had found the money, taken it and stashed it somewhere on his person, concealed his gun somewhere in his clothing, searched and found his empty shell casing, and also concealed it in his clothing. Is that accurate?”

“That’s pretty much it.”

“Pretty much it, or is that it? We want to be precise here, Detective. This is a murder trial.”

Spencer Taylor finally caught wind of the fact that his witness was floundering.

“Objection, your honor. He’s badgering the witness.”

“Overruled. Answer the question, Detective.”

The objection had given Tony Severino time to think. He tried to squirm out of the trap Jack had set for him.

“There is a possibility that he didn’t look for the shell casing and we just couldn’t find it.”

It was too important a point for Jack to let go unchallenged.

“How many police officers did you have there that night?”

“I don’t know exactly. A lot.”

“A lot?”

“Yes.”

“How many of them searched the area with you?”

“I don’t know for sure. Several.”

“Is several the same as a lot?”

“I don’t know. I don’t know. I’d say a lot of officers were looking for that shell.”

“You testified just a few moments ago that it was your conclusion that the defendant searched for the shell, picked it up, and put it in his pocket, correct?”

“That’s correct.”

“Then you said there was a possibility that the defendant didn’t look for the shell casing and you and your officers couldn’t find it, right?”

“Yes.”

“Are you changing your opinion here today in court, Detective Severino?”

The jurors were on the edge of their seats waiting for the answer. Even the judge was leaning over watching the witness intently.

“No. I’m not changing my opinion.”

“And your opinion was that the defendant took the time to look for the casing, found it and put it in his pocket?”

“Yes.”

“Because you and a lot of other police officers combed the area and no shell casing was there, right?”

“That’s right.”

“No further questions, your honor.”

“Redirect, Mr. Taylor?”

“Yes, your honor.”

Spencer Taylor knew his witness had been beaten up pretty badly. He didn’t want to make things worse on redirect by going back over the same ground, but he did have one point to make.

“Detective Severino, what did both Mr. Cook and Mr. Frazier tell you the defendant did when he saw them?”

Both Cook and Frazier had already testified to these facts in court, so Jack couldn’t object on the basis of hearsay.

“He fled.”

“He fled from the scene of the crime?”

“Yes.”

“No further questions.”

It was lunchtime when Tony Severino slithered from the stand and the judge recessed the proceedings. Jack stayed in the courtroom to go through Dr. Wong’s exhibits in detail. He knew the coroner was probably coming up next, and he wanted to be ready. Luis stayed with him.

“You were right, Jack,” Luis said. “This is your courtroom. You owned that man today. I don’t know why I ever doubted you.”

“Don’t get your hopes up too high, Luis. We still have a long way to go. Trials can turn on a dime-it’s the nature of the beast.”

Jack had subpoenaed all the prosecution’s witnesses before the trial started as a precaution. It was a habit he’d gotten into a long time ago as a civil defense attorney. He’d sent along a letter telling them that if they called and left a number where they could be reached during the day, they wouldn’t have to appear in court the first morning that testimony began and hang around potentially for days until they were called. Everyone always rang-the incentive was too great not to. The number Jack had given was Dorothy’s, Henry’s aunt.

Jack phoned Dorothy-who among other things was doing an excellent job as his temporary secretary-and asked her to get in touch with Nick Walsh and tell him to be at the courthouse at nine o’clock the next morning. If Spencer rested at the end of the day and Henry wasn’t back with witnesses, he needed a warm body to put on the stand. Maybe Nick Walsh would give him something he didn’t expect. Frankie O’Connor had told him that Nick was a legend in the police department. Joe Fogarty had said he was one of the best homicide detectives the department ever had. He was Tony Severino’s partner. Yet Tony never mentioned his name during his entire testimony. Why?