Jane Dark continued. “So, madam, this defendant can ‘act up’ even when he isn’t in the vicinity of a so-called grail or a UFO?”
“I’m sorry, but yes. I had to relinquish my parental rights, as I couldn’t control him.”
“So he’s dangerous?”
“Tell the truth!” Fally shouted again.
“Tell the real truth!” Denny followed.
“Yes, he is dangerous to the community,” Nastia said.
“Pass the witness.”
Denise rose. “Isn’t it true that I represented you and won your case in a restraining order matter?”
“Yes.”
“But you’re here to tell the truth, aren’t you?”
“Yes.”
“While Denny had a history of ‘acting up,’ he didn’t act up after you gave custody to the Dunsinane family?”
“Not as far as I know.”
“So, once he was in high school, here in Lordsburg, he settled down?”
“I don’t know.”
“You are aware that he wrote letters critical of you, critical of the town? And those letters were published in the local paper, The Lordsburg Liberal.”
“I am.”
The Groundlings murmured at the back of court.
“Do you know if he was ever abused, physically?”
“He might have been.”
“Sexually?”
“I don’t know about that.”
“But no one was ever arrested on any of those charges?”
“Not as far as I know.”
“Might that have caused to him be angry towards law enforcement in this town?”
“It might.”
“And that anger could be affected by a drone or the grail?”
“Objection, lack of personal knowledge!” Jane Dark said. “Calls for speculation.”
“Sustained!”
Denise knew she had teed it up. All she needed was another witness to testify that the drones did intensify existing emotions toward law enforcement, and thus Denny wouldn’t be dangerous. But without either Rayne or Dew, she couldn’t take her swing. “Pass the witness.”
Jane Dark saw the opening. “So, the defendant had deep seated anger toward law enforcement in this county?”
“He did.”
“Wouldn’t that make him dangerous?”
“It would.”
“Anything else counsel?” the judge asked. “The clock is ticking.”
“Your honor,” Jane Dark said, glancing at her notes. “I want to put the victims on the stand, very briefly.”
“Alleged victims,” Denny shouted.
“Please control your client,” the judge said.
Jane Dark called Antonio first. She had gone up to the Mondo Pad with Caliban and he told her how to get it in synch with her own laptop.
“That’s the name of one of them Shakespeare characters,” Denny said to Denise. “Antonio, Merchant of Venice.”
Antonio the former football player wore a letter jacket over a western shirt and silver bolo shaped liked a bucking bronco. Jane Dark played Antonio’s lapel cam of the incident on the Mondo Pad.
He testified about being shot by Denny. Under Jane Dark’s direction, he took off his letter jacket and unbuttoned his western shirt to show the scar. This guy was supposedly a tough cop, but he cried like a baby when he touched the wound.
“I was hoping to coach the boys’ pee wee football team this year, but I can’t even show them how to throw a spiral,” he said.
“I didn’t mean to,” Denny yelled.
When Denise tried to question Antonio about the drone, he said he didn’t know anything about any drone. “I was too busy looking at his gun. But remember one thing, I was just doing my job, doing my sworn duty.”
“Pass the witness.”
“We call Claudio to the stand,” Jane Dark said.
Claudio wore a cowboy shirt and a corduroy blazer.
“Much Ado About Nothing, Claudio!” Denny said. It took a moment for Denise to realize that he was referring to a character in the play rather than diminishing the man’s obvious pain.
Jane Dark played Claudio’s video on the Mondo Pad. The perspective was slightly different. Claudio described his injuries and then testified about how he couldn’t fire a rifle anymore. He was a proud man, confessed the embarrassment of no longer having a job and living off the damn government.
Denise couldn’t make him budge. “Was Mr. Song affected by the drone?”
“I couldn’t tell. My eyes were on his gun. We were just standing there when he came right at us.”
“But you did try to stop him, didn’t you?”
“Only after he shot my two best friends.”
Denny looked downward when Denise returned to the table. “I’m sorry, I’m sorry, I’m sorry,” he said. “I didn’t mean to. I didn’t mean to. I didn’t mean to.”
“We call Beatrice Baca to the stand,” Jane Dark said. Beatrice was in a dress uniform, but she had a lanyard with pictures of two young girls hanging around her neck.
“More Much Ado About Nothing,” Denny said, still not looking up.
Beatrice was petite, and Denise couldn’t help but think of the Latinx side of her family. This could be a cleaned-up Dew in a uniform. Hell, Beatrice could be a distant cousin to Denise, even if she was an alien according to Denny.
The deputy’s lapel cam and testimony mirrored the other officers. There was one difference, Beatrice didn’t cry as she talked about her injuries. “I wanted to prove myself,” she said. “Even though I still have my injuries, and I could claim disability, I am still on the force, protecting the county, protecting the community that I love.”
“Did you see a drone or anything like what counsel is suggesting?” Jane Dark asked.
“My focus was on the defendant’s gun. And when Mr. Song pointed that gun at me, I thought I would never see my kids again. I have twins too.”
Jane Dark had Beatrice show the picture on the lanyard of her newborn twins, the two adorable girls. “I promised them I wouldn’t cry when I took the stand.”
Jane Dark signaled to the bailiff who stood by the door. On cue, Caliban opened it to reveal an elderly woman sitting on a bench with twin toddlers. Denise guessed they were around four. Both had pink bows in their hair and yellow ribbons tied around their wrists. They sported oversized toy gold badges with their mom’s picture pasted on as necklaces.
“Your honor, I kept them out of the courtroom, so they wouldn’t have to see their mother be cross-examined.” Jane Dark said. “But I wanted them to see how proud they could be of their mother.”
Beatrice held back her tears. She was tough. Denise had empathy for this poor woman. She sure looked human to Denise. Even the judge had wiped her eyes under that new piercing.
Denny was the one doing the crying for all of them. “I’m sorry,” he mumbled under his breath.
“Pass the witness,” Jane Dark said, but the bailiff kept the door opened so the little girls could see their mother on the stand if Denise dared to cross her.
How do you follow that? If there was a moment when you knew you were going to lose, this was that moment. “No questions, your honor,” Denise said.
Beatrice bounded off the stand, and hurried over to hug the little girls.
“Mommy, we’re so proud of you,” they said in unison.
The judge glanced at her watch. “Any more witnesses, counsel? I think we’ve heard more than enough.”
“We call the final alleged victim, Sheriff JC Diamond to the stand.” Jane Dark said.
If Denise thought Jane Dark couldn’t top that, she was wrong…
Chapter 52
Sheriff JC Diamond strode forward in his dress khaki uniform like he was General Rommel of the Afrika Korps. “C
an I keep my hat on?” he asked the judge, who nodded. “And keep my firearm? Just in case someone acts up.”
“Of course, Sheriff,” the judge said. He didn’t bother to ask about his shades, he assumed he had permission for that.
“One more thing,” Jane Dark said. She looked over at Caliban who went out into the lobby and returned with Earl the police dog. “He needs a comfort animal after these traumatic events. While Earl is a victim, excuse me an alleged victim, he will not be testifying.”
“That’s not fair,” Denny said.
“I’ll allow it,” the judge said.
This big and macho sheriff now pretended to be vulnerable, he even slouched in his seat. He acted as though he would have been too scared to be here in court if it wasn’t for Earl. While petting the dog, Sheriff JC Diamond talked about his family and how the incident scarred him and gave him PTSD and he could no longer sleep.
Even Denise now believed it. He talked about how he had to be there for Earl, as Earl suffered stress from the incident as well. As the boss, he had to remain on duty at all times and couldn’t get counseling all the way out here. He even wiped away a crocodile tear.
All eyes in the courtroom were on Earl who was nuzzling against the sheriff for the occasional Scooby-snack. Jane Dark didn’t even bother to play his lapel cam video.
“Pass the witness,” Jane Dark said. “Good boy.”
Denise knew she had to do something. Anything.
Earl growled as Denise stood to cross the sheriff. After some preliminary questions, Denise got to the money questions. “Do you know if it’s possible that an outside factor—drone, or the grail—might have affected his mental state?”
“You’re saying that some UFO made your boy shoot at my men?” he asked.
“I’m asking the questions here, sir,” Denise said. “And Denny Song is not my boy.”
“Denny was crazy and violent already,” the sheriff said. “UFO or drone. Grail or no grail. We were standing there, minding our own business, doing our duty, when he came at us like a bat outta hell. Your brother is a menace to this town, to this state, and to this planet.”
Denny gestured to her and whispered in her ear. Denise said, “One more question, Sheriff. Your name is JC Diamond, what do the J and C stand for?”
“Julius and Caesar,” he replied.
“Isn’t there a play Julius Caesar by William Shakespeare?”
“Et tu, JC?” Denny asked.
There was some grumbling from the Groundlings, but the bailiff silenced them. Did this gang in the back with their Shakespearean names have ties to law enforcement? What was really going on here?
“Move to strike on grounds of relevance!” Jane Dark said.
“Your honor, I don’t know the relevance,” Denise responded. “Yet.”
The Groundlings let out a taunting “whoop.”
“If the defense has no more questions, does the state wish to do any follow-up?” the judge asked.
Jane Dark went over and petted Earl one more time. “And the Defendant shot several times in the vicinity of Earl, putting your dog, putting your pet, your comfort animal companion in danger?”
Earl took this one and gave a single bark in response.
“That means yes,” the sheriff said with a smile.
“The state rests.”
“When I’m locked up forever, will I be able to get a furlough to see my mom’s funeral at least?” Denny asked.
The judge ignored Denny and took a minute to check her phone. She texted someone back, smiling the whole time. Her attention back on the court, she said, “Do you have any witnesses, Ms. Song?”
Denise froze. It was the end of the line. Denny was going to be ruled dangerous and he was going to be sent up for the rest of his life. After she lost her mom, she would lose her brother.
She looked at her phone, no messages. She could hear the Groundlings laughing at her. “But you said, but you said,” they chanted.
Even worse, dangerous defendants certainly wouldn’t get to go to their mother’s funeral.
“Do we have anybody?” Denny asked. “I wouldn’t have hurt anybody except for the grail and the drone!”
“It’s almost five,” the judge said. “I need to be in Santa Fe by tonight to meet with the Governor at her event tomorrow. I’d like to get there before midnight, so I got to get on the road like five minutes ago. If nothing further, I am ready to make a ruling in this case.”
Earl the dog barked once.
Denise closed her eyes, took a deep breath and said a silent prayer. The judge packed her desk of all personal items into a carryon bag while still on the bench. It was all over but the gaveling.
Denise looked at her brother one more time. She had let him down. She never had a chance and maybe that was for the best. She had sent out her psychic subpoenas to no avail. She held her phone, closed her eyes and sent a final follow up. Dew, Rayne, Rita, Hikaru where are you?
She opened her eyes.
MESSAGE SENT.
His hands still bound; Denny touched her on the shoulder. “Have faith,” he said, not moving his lips. “We can do this.”
He took her hand. Together they created so much psychic power that she believed the subpoena would go back in time. The lights flickered for a moment.
MESSAGE SENT.
“We’re here…” a voice said. Denise opened her eyes. Rita walked in the courtroom door, followed by Rayne and Dew. “We’re really here.”
Chapter 53
“Team Turquoise in the house!” Rita shouted before Caliban the bailiff silenced her with his hand on the boomerang.
Denise smiled and looked back at Team Turquoise. There was still a chance to turn this thing around. Or was there?
“The defense will be putting on a case,” Denise said. “If I can have a minute to confer with my witnesses.”
“We didn’t get notice of these witnesses,” Jane Dark said.
“Notice of witnesses is not required for dangerousness hearings because of the relaxed standards of the rule of evidence,” Denise said.
“It’s too late in the afternoon to begin the defense part of the case,” the judge said banging her gavel while glancing at her phone. “I told you I’m in Santa Fe tomorrow for a meeting with the governor.”
“Your honor,” Jane Dark added, putting her hand on the table to maintain balance. “I’m due at any minute. I don’t know if we really need to hear some irrelevant information.”
The judge had already stood up. Denise knew this could be her last chance. “Your honor, counsel has said that my client is dangerous. We have several witnesses who can testify that they have direct knowledge of what might have caused my client, caused my brother to act in a dangerous fashion. I believe it’s highly relevant.”
The judge paused. “OK, that’s relevant. Well relevant enough.”
Jane Dark was turning red. “Perhaps we should just reset this case when ummm… things settle down.”
“Your honor,” Denise said. “My client has been in custody for quite some time. There’s a chance that the evidence we will present will lead to his freedom. Jane Dark might be the best prosecutor in New Mexico, but if this case is so automatic as she suggests, she can be replaced by someone with less skill. She’s not irreplaceable. There are several attorneys in her office who could handle the matter. Can we come back after your meeting with the governor, first thing next week?”
The judge looked down at her phone and exchanged texts like a teenager. “We will resume the defense case next Tuesday. Ms. Dark, if you are unable to continue, you will find replacement counsel from your office.”
Jane Dark looked down at her belly. “Oh, we will be here in the flesh, your honor. Both of us!”
“And counsel, your witnesses had better testify to something relevant or I will hold you in contemp
t. Do you know what they’re going to say? Can you give us a sneak preview?”
Denise looked at Dew, Rayne and Rita. “No, your honor.”
Hooting and hollering came from the Groundlings like a Greek chorus drunk on ouzo.
“See you next Tuesday.” The judge said. She then looked down. “Excuse me, I start my new position next week on Monday, you better all be here this Friday. Can you get all your ducks in a row by then, counsel?”
“I can try once I know how my ducks are going to testify,” Denise said. The judge was out the door. Denise had made a promise that she didn’t know if she could keep.
Denny was still at the table, the guards right behind him. He stared at Rayne.
“Denny, this is our daughter, Rita,” Rayne said. “Rita, this is your father, Denny.”
“Hey Dad!”
Denny and Rita stared at each other. If it wasn’t for the guard, they would have hugged. The guard took Denny away before they could say another word.
Rita looked at Denise. “How can we help him? My mother doesn’t have any recollection of anything!”
Denise looked at her friends. She didn’t have much time.
“I’ve got an idea of how to jog your memory. Road trip.”
“One car or three?” Rayne asked. “We came separately.”
“We better take three,” Dew said. “No offense, Rayne.”
“None taken.”
Chapter 54
Denise knew they only had a few hours of daylight left as she followed Rayne and Rita, with Rayne going her usual one mile under the speed limit. Dew followed them both in the Mercedes. They arrived at the Syrinx turn-off with the last rays of sunset illuminating the white sands. Pink Sands Missile Range certainly didn’t sound like a macho military site, but it was more appropriate right now.
“This is the last place I remember,” Rayne said after pulling off the highway to a dirt clearing. Denise pulled behind her in the Kia, and Dew brought up the rear in the Mercedes.
“This is where it happened,” Rayne said as they all exited their vehicles. “Last thing I remember, Dew and I had finished up and drove away from Syrinx. The Military Police had blocked off the highway because of those missile tests. A guy in a jeep told us to pull over and then he disappeared. We just waited for an hour and then there was like a sandstorm.”
The Shakespeare Incident Page 28
