“And Michael Campion not only lost his virginity, he lost his life.
“It shouldn’t have happened.
“Michael shouldn’t have died. And if the defendant had behaved responsibly, if she’d acted humanely, Michael might be here with us today.
“What happened to Michael Campion after he entered Ms. Moon’s house was told to us in detail by the defendant herself,” Yuki said, pointing to Junie Moon. “She told us. She admitted to the police that she let Michael Campion die and that she treated his remains like garbage.”
Yuki walked the jury through Junie Moon’s admission of guilt, her description of Michael Campion’s death, grisly dismemberment, and disposal in a Dumpster. Then she turned her back on the defendant, left her notes on the lectern, and took thoughtful, measured steps to the jury box.
She no longer cared that Red Dog wasn’t in the seat beside her or that half the room was filled with salivating reporters, and she didn’t care that Junie Moon looked as innocent as a flower girl at a summer wedding.
She was focused purely on the jury.
“Ladies and gentlemen,” she said. “The police developed information leading to the defendant three full months after Michael Campion disappeared. His remains were not recovered because it was just too late.
“The defense will tell you, ‘No body, no crime,’ ” Yuki said. “The defense will say that the police must have bullied Ms. Moon, because she has since recanted her confession. The defense will say that the People have no case. That’s. Not. True. We don’t have to have physical evidence.
“We have circumstantial evidence, and lots of it.”
Yuki walked the length of the jury box, trailing her hand along the railing, feeling the power and flow of her opening and that the jury was not only with her, they were waiting for every word. And she would give them everything they wanted.
“Ms. Moon is charged with tampering with evidence and with murder in the second degree,” Yuki told the jurors. “In order to prove murder, we have to prove malice. This is how the law is worded. Malice can be inferred in that the person acted in such a way that you could construe them to have had ‘an abandoned and malignant heart.’ Think about that.
“An abandoned and malignant heart.
“The defendant told us that Michael Campion asked her to call for help and that she didn’t do it – because it was more important to protect herself. She let him die when she might have saved him. That’s the clearest possible example of an abandoned and malignant heart. That’s why the People are charging Junie Moon with murder.
“And in the course of this trial, we will prove Junie Moon guilty beyond reasonable doubt.”
Chapter 35
L. DIANA DAVIS put her hands on both sides of the lectern and wiggled it until it was centered on the jury box. Then she looked up at the jurors, said, “Good morning. I want to thank the prosecution for giving my opening statement for me.
“Saved us all a lot of time.”
Davis warmed to the laughter in the gallery and was glad to see that a few of the jurors had joined in. She put one hand on her hip, smiled, and went on.
“Remember the advertising slogan? ‘Where’s the beef?’ That’s what I want to know, and you’re going to want to know it, too. As the People just told you, ladies and gentlemen, this is a noncase. If the young man in question weren’t a celebrity, I doubt the DA would have the nerve to bring this case to trial.
“Ms. Castellano is right when she says no body, no crime.
“Not only is there no body, there’s no weapon, and in this day of advanced forensic science, there isn’t even a microscopic trace of evidence at the so-called crime scene. Oh, yes,” Davis said as if it were an aside. “After an intense, and I would say mind-blowing, interrogation by the police, my client confessed to a crime she didn’t commit.
“An expert witness will talk about this syndrome of false confessions, a sign of emotional battery, which is what happened to Ms. Moon. And Ms. Moon will tell you about the night of January twenty-first herself. All the prosecution has to present to you is the retracted confession of a terrified young woman who was intimidated by the interrogation of an aggressive, motivated team of homicide inspectors who had an agenda: to hang the disappearance of the governor’s son on someone.
“They picked Junie Moon.
“Over the next few days, you will hear the preposterous case against her. There will be no DNA evidence, and Henry Lee won’t be coming here with photos of blood spatter to tell you how this so-called crime went down.
“Even Ricardo Malcolm, Ms. Moon’s former boyfriend, won’t be called to testify for the prosecution, because he told the police that Junie never met Michael Campion. He said nothing happened.
“So what did happen to Michael Campion?
“We know – everyone in the free world knew – Michael Campion had a serious, congenital, and potentially fatal heart condition, and that he was living on borrowed time. After he left his house on the night of January twenty-first, something happened. We don’t know what that something was, but it’s not our job or yours to speculate.
“When you’ve heard this case in its entirety, the prosecution will ask you to find Ms. Moon guilty beyond reasonable doubt. And common sense will tell you that Ms. Moon is not guilty of any of the charges against her. She’s not guilty of tampering with evidence. She didn’t help dismember a body in her bathtub or dispose of that body.
“And as sure as I’m standing in front of you, Junie Moon is not guilty of murder.”
Chapter 36
THE BAILIFF CALLED MY NAME and I got up from the bench in the hallway, stiff-armed the double doors of the vestibule to the courtroom, and strode up the aisle. Heads turned as I approached the witness stand. And I was reminded again that the case against Junie Moon would hang in large part on my testimony. And that L. Diana Davis was going to do her best to crush me.
I swore to tell the truth and took my seat, and my good friend Yuki asked me preliminary questions, setting up my time and grade as a police officer.
Then she asked, “Sergeant Boxer, did you interview the defendant on April nineteenth?”
“Yes. Inspector Richard Conklin and I first interviewed her in her house, and then later at the southern division of the SFPD, on the third floor of this building.
“Did she seem afraid or anxious or intimidated?”
“Actually, no. She seemed quite comfortable. In fact, she agreed to come to the Hall for questioning.”
“At that time, did you ask her about Michael Campion?”
“We did.”
“And what was her response?” Yuki asked.
“At first she told us that she had never met Michael Campion. Approximately two hours later, she asked us to shut off the video camera.”
“And what happened after that?”
In answer to Yuki’s questions, I told the jury what Junie had told me and Conklin – how the victim had expired, that she had called Ricky Malcolm, and what the two of them had done with Michael Campion’s body.
“Did you have any reason to doubt this story?” Yuki asked.
“No. I found her quite credible.”
“Did you interview the defendant at any other time?”
“Yes. We met with Ms. Moon a few days later at the women’s jail. We hoped Ms. Moon might remember the name of the town where she and her boyfriend disposed of Mr. Campion’s remains.”
“And did she remember?”
“Yes. The town of Jackson, about three and a half hours northeast, in Amador County.”
“So to be clear, this was a second interview?”
“Correct.”
“Was the defendant under duress?”
“Objection. Calls for speculation,” Davis sang out.
“Sustained,” Judge Bendinger snapped.
“I’ll rephrase,” Yuki said. “Did you threaten the defendant? Deny her food or water or sleep?”
“No.”
“She gave you this
information of her own volition?”
“Yes.”
“Thank you, Sergeant,” Yuki said to me. “I have no further questions.”
And then L. Diana Davis was in my face.
Chapter 37
TO MY SURPRISE, L. Diana Davis was petite, maybe five three, and I guessed that her close-up shots on the small screen and her reputation had made her seem larger than life.
“Sergeant Boxer,” Davis said. “You’ve been a homicide inspector for over ten years. You’ve investigated countless homicides. You’ve interrogated innumerable suspects, and you knew that eventually you’d be sitting in a courtroom telling us what happened in the case against Junie Moon. Isn’t that true?”
“Yes.”
“So how did you get the defendant to confess, Sergeant? Tell her that accidents happen? That she wasn’t culpable?”
I knew damned well to keep my answers short and blunt, but looking at Davis ’s expression, half kindly grandma, half bulldog, I felt a need to let my mouth do the talking.
“I may have said things like that. Interrogations aren’t one size fits all. Sometimes you’ve got to raise your voice. Sometimes you’ve got to be sympathetic. And sometimes you’ve got to lie to a subject,” I said. “There are legal boundaries for interrogations, and my partner and I stayed within those boundaries.”
Davis smiled, turned, and walked toward the jury, turned back to face me.
“Is that so?” she said. “Now, you’ve testified that the defendant asked you to turn off the tape during your interrogation at the police station.”
“That’s right.”
“So let me get this straight, Sergeant. You videotaped everything – up to the point when Ms. Moon ‘confessed.’ That confession is not on the tape.”
“The defendant seemed reluctant to talk because the camera was running. So when she asked me to turn it off, I did so. And then she told us what happened.”
“So what are we to make of the fact that you recorded everything this young woman had to say except her confession? I guess you’re suggesting that the defendant was being cagey when she asked you to shut off the camera,” Davis said, shrugging her shoulders, sending a nonverbal message to the jury that she thought I was full of crap. “You’re saying she was sophisticated enough to confess off the record.”
“There is no such thing -”
“Thank you, Sergeant. That’s all I have for this witness,” said Davis.
Yuki shot to her feet, said, “Redirect, Your Honor.”
“Proceed, Ms. Castellano,” said the judge.
“Sergeant Boxer, are you required to tape a confession?”
“Not at all. A confession’s a confession, whether it’s written or verbal, on tape or off. I’d rather have a taped confession, but it’s not required.”
Yuki nodded.
“Did you have any idea what Ms. Moon was going to tell you when she asked you to turn off the video camera?”
“Had no idea. I turned off the camera because she asked us to – and I thought it was the only way we were going to get the truth. And you know what, Ms. Castellano? It worked.”
Chapter 38
YUKI WISHED ALL of her witnesses were as good as Rich Conklin. He was solid. He was believable. Made you think of a young military officer, a mother’s good son. It didn’t hurt that he was also good to look at. In answer to her questions, Conklin affably told the jury that he’d been with the SFPD for five years and that he’d been in the homicide division for the last two.
“Did you interview the defendant on the night of April nineteenth?” Yuki asked Conklin.
“Sergeant Boxer and I talked with Ms. Moon together.”
“Did you have any preconceived notions about her guilt or innocence before you talked to her?”
“No, ma’am.”
“Did you read Ms. Moon her Miranda rights?”
“Yes, I did.”
“As I understand it, Ms. Moon wasn’t in custody when you Mirandized her, so why did you warn her that anything she said could be used against her?”
“It was a gamble,” Conklin told Yuki.
“When you say it was a gamble, could you explain what you mean to the jury?”
Conklin brushed his forelock of brown hair away from his eyes. “Sure. Suppose I say to a suspect, ‘I want to interview you. Can you come down to the station?’
“And the suspect comes in of his or her own volition. That person doesn’t have to answer our questions and can leave at any time. I don’t have to Mirandize that person when we sit down to talk because they’re not in custody.”
Conklin sat back comfortably in his seat and continued, “But, see, if that subject then starts to get wary, he or she could ask for a lawyer, who would end the interview. Or that subject could simply leave. And we’d have to let her go because that person is not under arrest.”
“If I understand you, Inspector, you were taking a precaution, so that if Ms. Moon incriminated herself, you’d already be covered by having told her that anything she said could be used against her?”
“That’s right. I was thinking how Ms. Moon was our only witness, maybe a suspect in a serious crime, and I didn’t want to take a chance that if she had something to do with Michael Campion’s disappearance, we’d have to stop the interview and Mirandize her. That might have ended the interview. And we not only wanted the truth, we wanted to find Michael Campion.”
“And did Ms. Moon ask for a lawyer?”
“No.”
“Did she give you the details of Michael Campion’s death and the disposal of his body?”
“Yes, she did.”
“Inspector Conklin, what was her demeanor as she confessed to you and Sergeant Boxer?”
“She seemed sad and remorseful,” Conklin said.
“And how did you determine that?”
“She cried,” said Conklin. “She said she was sorry, and that she wished she could change everything that happened.”
Chapter 39
“INSPECTOR CONKLIN,” Davis said, smiling. “You sound like a very smart police officer.”
Yuki tensed. She could almost see Davis setting the trap, baiting it, tying the trap to a tree. Conklin just looked at Davis until she spoke again.
“Isn’t it true that from the beginning, the defendant denied that she’d ever met Michael Campion?”
“Yes, but ninety-nine times out of a hundred, a suspect is going to say they didn’t do it.”
“You’ve interviewed a hundred homicide suspects?”
“Figure of speech,” Conklin said. “I don’t know how many homicide suspects I’ve interviewed. Quite a few.”
“I see,” Davis said. “Is it a figure of speech to say that you and Sergeant Boxer tricked and bullied my client until she confessed?”
“Objection!” Yuki called out from her seat.
“Sustained.”
“I’ll rephrase. As we all know, Ms. Moon’s ‘confession,’ ” Davis said, making the universal symbol for quote marks with the first two fingers of each hand, “wasn’t on tape, isn’t that right?”
“That’s right.”
“So we don’t know the tenor of that interview, do we?”
“I guess you just have to trust me,” Conklin said.
Davis smiled, wound up for the pitch. “Inspector, did you take notes of Ms. Moon’s statement?”
“Yes.”
“I asked to see those notes during discovery,” Davis said, “but I was told you no longer had them.”
Conklin’s cheeks colored. “That’s right.”
“I want to make sure I understand what you’re telling us, Inspector,” Davis said in the snotty tone she’d perfected over decades and was using now in an attempt to undermine and humiliate Conklin.
“You were investigating a probable murder. As you told us, Ms. Moon was your primary witness, or maybe a suspect. You had no taped record, so you made a written record. That was so you could tell the court and the jury what the defendant
said, right? And then you threw the notes away – can you tell us why?”
“I used my notes as the basis for my report. Once my report was typed, I didn’t need them anymore.”
“No? But what’s a better record of that interview? The notes you took that night? Or the report you filled out a couple of days later? You’re supposed to keep those notes, aren’t you, Inspector?… Inspector?
“Your Honor, please direct the witness to answer my question.”
Yuki clenched her fists under the table. She hadn’t known Conklin had destroyed his notes, but while it wasn’t kosher, homicide cops did it all the time.
Judge Bendinger shifted in his seat, asked Conklin to answer the question.
Reluctantly, Conklin said, “My notes would be more of a verbatim account, but -”
“But still, you felt it was appropriate to throw them out? Is there a shortage of storage space at the Hall of Justice? Were the file cabinets full, maybe?”
“That’s ridiculous.”
“It is, isn’t it?” Davis asked, letting the question hang in the dead silence of the courtroom.
“Do you remember where you threw the notes? In the garbage perhaps, or out your car window? Maybe you flushed them down the toilet?”
“Your Honor,” Yuki said. “Defense counsel is badgering the witness -”
“Overruled. The witness may answer,” said Judge Bendinger.
“I shredded them,” Conklin said, the cords in his neck straining against the white collar of his shirt.
“Please tell the jury why you shredded your notes.”
Yuki saw the flash in Conklin’s eye but was helpless to stop him from snapping, “The reason we get rid of our notes is so that shyster lawyers like you don’t twist things around -”
Yuki stared at Conklin. She’d never seen him blow up before. Davis had manipulated him, and she was going to nail him to the wall.
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