Extreme Malice
Page 39
Chapter 33
Thursday, December 8th 9:14 am
There was a flurry of activity in front of the Judge at the beginning of this morning's session. Jack and his mother were again sitting next to Donna's parents and sister. Everyone but Jack was wondering what the fuss was all about.
The judge had both lawyers up in front of the bench. They were in a deep discussion that included grand gestures, shrugs, and hand rubbing.
Josh sat alone again in his prison orange suit, looking as lost as he did when he was first brought in. His parents stared forward with blank faces.
The dialogue continued for some fifteen minutes before the judge had both lawyers return to their respective tables. Judge Rumpoldt slammed down his gavel once again and yelled for order.
Judge Rumpoldt asked the Crown attorney Ron Baxter if he was sure he wanted to proceed in this manner. Ron said he was. Judge Rumpoldt nodded and lifted his hand to allow Ron to proceed.
"On behalf of the Crown, I would like to begin by saying that the proceedings against Josh Anderson thus far have resulted in the Crown calling many different witnesses forward to testify. Some of those witnesses have brought evidence forth that has been entered as exhibits, and these exhibits have been used by the Crown to postulate what occurred on the night of September 18th, 2011.
"Our intention today was to continue calling forward more witnesses, but that will not happen. Late yesterday, we received some additional evidence pertaining to this case. This new evidence has forced the Crown to exercise extreme discretion in deciding how to proceed with the charges against Mr. Anderson.
"This new evidence contradicts some of what was included in our opening statement. The new evidence creates enough of a contradiction that the Crown feels that the evidence as a whole, as it currently stands against Mr. Anderson, is such that it would be unreasonable to assume that a conviction can be reached if the Crown were to continue on with its presentation of evidence and witnesses."
The courtroom was quiet; no one knew what this all meant. Fred and Tracey stared forward with puzzled looks as they listened to Ron plod on about this new evidence and hoped that this was good news.
"If it pleases the Court, and our friend Mr. Barry, the Crown would like to request an acquittal of the charges against Josh Anderson and ask that he be released immediately."
There was a huge roar from the gallery. Tracey jumped up with her arms stretched open wide as Fred sat with his mouth agape in shock.
Judge Rumpoldt banged his gavel in attempt to restore order, but most of the gallery was already on its feet. Some were shouting obscenities, and others were screaming for joy.
Josh had no idea what was happening and looked about with a puzzled expression. When he spotted his mother bouncing in the air with her hands together, jostling Fred, and trying to get the attention of Mr. Barry, Josh knew there was finally some good news. He smiled for the first time in weeks.
The crowd eventually quieted and Judge Rumpoldt asked the defense if they were opposed to such a request. Of course they were not, and within minutes, Josh was released back into the arms of Tracey and Fred with a mob of friends and supportive strangers pouncing down upon them.
Jack smiled slightly. He was pleased that he had succeeded. Mission accomplished. He looked at his mother who had yet to understand what had just happened. She frowned at Jack and shrugged her shoulders; she wanted to know why Josh was suddenly let go. She was not alone, as Donna's family, friends and supporting spectators were frantic. Many even felt vilified by the sudden release of a suspect they all knew as Donna’s only known possible killer.
The commotion in the courtroom continued to rage on behind Jack and his mother as he quickly shuffled her in front of him down the aisle towards the exit. Many tried to stop him and grabbed hold of him and his mother, but Jack pushed them all away with an expression of anger and irritation etched into his face. They wanted a response, and Jack was not going to surrender a comment to anyone. Let them stew. Let them wonder. It was a dirty business, and there is no normal response to any of this. He just wanted to get out. Josh was free as Jack had always intended, and the prosecution had lost all the eggs they had put in their one and only basket. Jack had seen to that, and it was doubtful now that the prosecution would ever bring forth another suspect after seeing how the evidence was accrued and handled.