James Sheehan - The Mayor of Lexington Avenue

“Yes.”

“And you have audio recording equipment in there as well, correct?”

“Yes.”

“But you didn’t use either?”

“No, I didn’t.”

“Was there a reason why you didn’t, Officer Brume?” The Fourth was on his feet again.

“Objection, Your Honor. She’s harassing the witness. He’s already told her several times that he’s a detective.” Unfortunately for Clay, Judge Wentwell was enjoying the harassment.

“He may be a detective, Mr. Clay, but he’s also a sworn police officer. I don’t see how addressing a police officer as ‘Officer’ can constitute harassment. Objection overruled. You may proceed, Ms. James.”

“Thank you, Your Honor. Do you need me to repeat the question, Officer Brume?” Tracey asked politely as she turned her focus back to the fat little cop.

“No. There was no reason in particular. We rarely use the video camera. And I didn’t have a tape available.”

“What would you have had to do to use the camera, just get a videotape?”

“Pretty much.”

“Is that a ‘yes,’ Officer Brume?”

“Yes.”

“Where was the videotape?”

“In the equipment room.” He was being evasive but Tracey didn’t mind. His evasiveness would have been obvious to a two-year-old.

“And where is the equipment room?”

“Down the hall.”

“And the recording equipment, would you have found a tape for that in the equipment room as well?”

“Yes.”

“Can you be more specific, Officer Brume? How long would it have taken you to walk down the hall, fetch the video or recording equipment, or both, and install them before beginning your interview?”

“Three to five minutes,” the Grunt replied nonchalantly. It was that cavalier attitude that made Clay Evans want to strangle him. Does this idiot have any idea where she’s taking him?

“Is it accurate that this recording equipment was in the interrogation room to be used for interrogations?”

“Of course.” What a stupid question , Wes thought.

“Is it accurate that when you brought my client in for questioning he was already a suspect in this murder?”

“Yes.”

“And he was your only suspect at the time?”

“Yes.”

“And is it accurate, Detective Brume, that in your twenty-plus years as a police officer in this department this is the most heinous crime you have ever investigated?” She had deliberately called him Detective. She was starting to give him the respect he deserved, or so it seemed.

“No question about that,” he responded. Tracey had him cornered. It was time to drop the bomb.

“So you bought this hi-tech equipment for the specific purpose of interrogation, you’re investigating the most heinous crime ever, and you make a conscious decision not to video or even audio record it, correct?”

“No, that’s not correct,” Wes replied, realizing too late the crater that he was sitting in. Tracey was not about to let him squirm his way out by asking him to explain his answer. She switched gears.

“Did you have Rudy make a written statement?”

“No, but I had him read my notes and sign them.”

“Did you tell him to sign them?”

“Yes, of course.”

“Was he allowed to make changes?”

“I don’t understand.”

“It’s very simple, Officer Brume, did you let him edit your notes?”

“Of course not.”

“You just had him sign them.”

“Yes.”

“No further questions, Your Honor.” The abrupt termination of the examination surprised the Fourth. He had expected Tracey to grill the Grunt on the questions and answers he’d written down, but Tracey was only interested in the procedure, not the substance.

Now it was Clay’s turn. His immediate task was to cauterize Wes’s wounds to prevent further bleeding. Wes hadn’t really suffered a direct hit but he was bleeding profusely from several minor wounds. The Fourth could choose either to cut his losses and get the poor man off the stand, something that required great restraint, or to ask more questions and open the Grunt up for even heavier artillery. He chose the latter course, rising slowly and calculating his questions as he walked to the podium. He had to rehabilitate the fat little toad.

“Detective Brume, in your twenty-plus years with the police department has your credibility ever been questioned?” Tracey was on her feet in a heartbeat.

“Objection, Your Honor. The character of Officer Brume is not an issue in this case, although his credibility in this particular case is.” It was classic litigator-speak, something the public probably wouldn’t understand. But Tracey didn’t care about the small group of regular folks observing the proceedings from the gallery. The only person in the room who mattered to her at that moment was Judge Wentwell, and he was sure to get it.

“This court is in recess for the next twenty minutes. I want to see the lawyers in my chambers with the court reporter.” The judge stood and left the courtroom. Clay and Tracey followed him to his chambers. When everyone was seated and the court reporter was set up, the judge began.

“I did not believe it was necessary to disclose this information at the beginning of this hearing, but the testimony has brought me to a place where I must disclose some pertinent information to you that I’m certain you’re not aware of.” Tracey and Clay looked at each other quizzically then turned back to the judge, who proceeded to tell them about the little “speeding” incident he’d had with Wes.

“I agree with Ms. James,” the judge went on, “that Officer Brume’s credibility is at issue here, not his character. However, Mr. Evans, since I will be deciding what evidence the jury hears, it is my duty to disclose to you that my opinion is somewhat tainted regarding Officer Brume’s credibility and character. I do not believe that will affect my decision on the legal issues in this hearing or at trial. However, if you wish, I will step down from this case.”

Clay was almost shaking by the time Judge Wentwell finished. He wanted to take a bazooka back into the courtroom and blow Wesley Brume to kingdom come. How could he do this to me? How could he not tell me about his encounter with the judge? But that was old news. Now Clay had to make a very important decision, a decision that would definitely affect the outcome of this case.

Seated next to him, Tracey was trying desperately not to smile. Things had definitely just taken a sharp turn for the better. And her best witnesses were yet to come. On the other hand, Clay had no choice but to ask the judge to recuse himself, and she wasn’t so sure she wanted to lose Judge Wentwell.

Seconds passed. The judge waited patiently while Clay thought it through. Judge Wentwell was a law-and-order guy. He would follow the law strictly. He wasn’t about to buy into a new theory of evidence even if he didn’t believe one word that came out of the fat little toad’s mouth. And a new judge might not be so conservative in his or her thinking.

“Judge, I believe this court will be able to separate any personal views in deciding issues of law. I will not ask you to recuse yourself.” Tracey was nonplussed. The judge turned to her.

“Ms. James, do you have anything to say?”

“No, Your Honor. I believe your full disclosure has said it all. Like the prosecutor, I do not believe your personal experience with Officer Brume will affect your decisions in this case.”

I’ll bet you don’t! the Fourth said to himself, hoping he had made the right decision.

Minutes later they were back in the courtroom, Clay standing at the podium.

Judge Wentwell spoke first.