[Marc Kadella 04.0] Certain Justice

by Dennis Carstens

  “Her cause of death is also loss of blood due to having her throat slit from ear-to-ear, exactly like Judge Smith, isn’t it?”

  “Objection,” Harris said. “The witness is not a medical professional.”

  Judge Koch looked at Jefferson and asked, “Do you know her cause of death?”

  “Yes, your honor.”

  “Overruled. The witness may answer.”

  “Yes,” Jefferson said looking at Marc.

  “To your knowledge, has the defendant been charged with Judge Smith’s murder?”

  “No, he has not,” Jefferson said.

  “Detective Jefferson, do you know a private investigator by the name of Anthony Carvelli?”

  “Yes, I know him.”

  “In fact, Anthony Carvelli, a retired detective of the Minneapolis police is a friend of yours, is he not?”

  “As he is of you, I understand,” Jefferson managed to slip into the discussion.

  “You’re right,” Marc admitted looking at the jury. “I’ve known Mr. Carvelli for several years. Do you know another private investigator by the name of Madeline Rivers?”

  “Yes, I know her,” Jefferson calmly said.

  “And retired Minneapolis police officers Daniel Sorenson, Thomas Evans and Franklin Washington, do you know them?”

  “Yes.”

  “Isn’t it also true that Ms. Rivers, Sorenson, Evans and Franklin were all working under the direction of Carvelli doing surveillance of Howard Traynor on behalf of a private citizen at the time when Judge Robert Smith and Rhea Watson were murdered?”

  “Yes, they were,” Jefferson admitted.

  “Isn’t it also true that Carvelli was keeping you informed, sort of informally and off the record, of that surveillance?”

  “Yes, he was.”

  “Isn’t it true that Mr. Traynor is not charged with the murder of Robert Smith at his lake home thirty miles outside Bemidji, a distance of over two hundred miles from Minneapolis, because on the night it happened, Mr. Traynor was being watched and his car never moved?”

  “I don’t know why he has not been charged with that murder. It’s not my case.”

  “Did Carvelli tell you they watched him all night that night?”

  “Yes.”

  “Did he also tell you Mr. Traynor’s car never moved from in front of his apartment building?”

  “Yes,” Jefferson agreed.

  “So, isn’t it true that he could not have sneaked out, somehow traveled to Bemidji without his car, murder Judge Smith and somehow get back to the Cities by morning undetected?”

  “Yes, that’s probably true,” Jefferson admitted with obvious reluctance.

  “And whoever murdered Judge Smith did it exactly the same way as the victims Howard Traynor is charged with murdering, is that correct?”

  Jefferson opened his mouth as if to say something contradictory. He looked at Harris hoping for an objection. When none was forthcoming, he reluctantly said, “Yes, that’s true.”

  “Is it reasonable to assume that the same person who murdered the victims charged in the indictment for this trial also killed Judge Smith and that person could not possibly be Howard Traynor?”

  “Objection,” Harris said jumping to his feet, “speculation.”

  “Sustained,” the judge ruled. “The jury will disregard the question in its entirety.”

  Marc expected Harris to object and Koch to sustain it. He didn’t care. He had made his point and even though Koch had ordered the jury to disregard it, the judge’s order to the jury would not unring that bell.

  Judge Koch looked over the jury and the gallery. Everyone in attendance was absolutely still and quiet. And they were all staring directly at Marc and Owen Jefferson. However, needing a break herself, the judge ordered a short recess.

  “Detective Jefferson, after the death of Rhea Watson, Anthony Carvelli told you he was going to discontinue the surveillance of Howie Traynor, didn’t he?”

  “Yes, he did.”

  “Because they had been watching him for almost three weeks and did not believe Traynor was doing anything criminal, did he not?”

  “You’d have to ask Tony Carvelli that,” Jefferson said.

  “No, Detective, I’m asking you if he told you that.”

  “Objection, hearsay,” Harris said.

  “Overruled,” Koch quickly said.

  “Yes, he did tell me that.”

  “You made no attempt to persuade him to stay on the surveillance of Howie Traynor, did you?”

  “No, I didn’t.”

  “But you had encouraged him to watch Mr. Traynor a couple of times before that didn’t you?”

  “Um, I guess so, yes.”

  “Because you believed Howie Traynor should be watched but the police could not do it, isn’t that right?”

  “Yes.”

  “And it was after the murder of Rhea Watson that Tony Carvelli told you he was calling it off and you did not object, did you?”

  “No, because I didn’t believe…”

  “Non-responsive, your Honor,” Marc quickly said to cut him off.

  “You will answer only the question asked, Detective,” Koch politely admonished him.

  “When Judge Ross Peterson was killed, Mr. Traynor was not under surveillance by anyone, is that correct?”

  “Yes, that’s true.”

  “It was also at that time, that you compiled a list of people who were prosecuted by Rhea Watson, tried in front of Ross Peterson and whose cases were handled on appeal by Judge Robert Smith, isn’t that true?”

  “Yes,” Jefferson acknowledged.

  “Isn’t it true you came up with a total of eight names?”

  “Yes.”

  “None of these eight people were under surveillance by anyone at the time of the murders of Rhea Watson and Ross Peterson or Robert Smith, were they?”

  “Not to my knowledge, no,” Jefferson admitted.

  “Was Mr. Traynor one of these eight people?”

  “Yes, he was.”

  “And seven others including a Eugene Parlow and Aaron Forsberg?”

  “Yes, that’s correct.”

  “In fact, isn’t it true, Detective Jefferson, you believed it was one of those three men, Howard Traynor, Eugene Parlow and Aaron Forsberg?”

  “Well, not completely, no.”

  “But they were at the top of your suspect list, weren’t they?”

  “I suppose so, yes.”

  “Because all three of them had recently been released from prison and because their convictions were overturned due to the prosecution using DNA tests that were doctored by a lab technician, isn’t that true?”

  “Yes and we found out the other five all had solid alibis.”

  “Really? They had solid alibis but you didn’t believe Mr. Traynor had a solid alibi by being under round the clock surveillance?”

  “We believed he had a strong motive.”

  “Because of the way he was convicted by use of a tainted DNA test?”

  Jefferson squirmed in his seat, looked at Harris, then the jury and back to Marc when he said, “Yes and he had ties to Smith, Watson and Peterson.”

  “As did both Eugene Parlow and Aaron Forsberg, didn’t they?”

  “Yes,” Jefferson agreed.

  “Isn’t it true that neither Eugene Parlow nor Aaron Forsberg were under surveillance at the time Judge Smith, Judge Peterson and Rhea Watson were killed?”

  “Objection,” Harris said standing and interrupting. “He continues to bring up Judge Smith in an irrelevant manner.”

  “Overruled,” Koch quickly said, “because of the similarities, his death is clearly connected to the others.”

  “Were they under surveillance?” Marc asked.

  “No,” Jefferson admitted.

  “After Judge Peterson’s murder, you decided to put all three of those suspects under surveillance by the police, isn’t that true?”

  “Yes.”

  “The very next day, Judge J
ulian Segal, a Ramsey County judge was found near Lake Harriet wasn’t he?”

  “Objection,” Harris said. “The defendant is not…”

  “Overruled,” Koch said with a noticeable touch of annoyance. “The witness will answer the question.”

  “Yes, he was.”

  “He was found in between two trees, his arms spread, his hands nailed to the trees, his throat slit, fingers and toes crushed and a barbed wire crown on his head, isn’t that true?”

  “Yes.”

  “And exactly like the others, he had been jolted by a Taser?”

  “Objection,” Harris said.

  “Sustained. Rephrase, Mr. Kadella.”

  It was a foolish objection. One way or another, the jury would hear about the Taser burns.

  “If you know, did there appear to be Taser burns on Judge Segal’s body similar to those on Robert Smith, Rhea Watson and Ross Peterson?” Marc asked rephrasing the question.

  “Yes,” Jefferson admitted.

  “Isn’t it also true that when you arrived at the scene where Judge Segal’s body was found and saw him posed exactly the same way as the others, you immediately thought that the same man must have murdered Judge Segal, didn’t you?”

  This question was a little risky. Jefferson could easily deny it but Marc believed the jury would doubt Jefferson’s denial.

  “Yes,” Jefferson admitted.

  “Isn’t it also true that you had Howard Traynor under surveillance again, the night Julian Segal was murdered but not Aaron Forsberg?”

  “Yes, that’s correct.”

  “Mr. Traynor is not charged with the murder of Judge Segal because there is no physical evidence to connect him to Julian Segal’s death, he was under police surveillance and you could not find any tie between Howie Traynor and Julian Segal, isn’t that true?”

  “Yes,” Jefferson admitted reluctantly.

  “Julian Segal, before being appointed to the bench, was a well known criminal defense attorney, wasn’t he?”

  “I believe so, yes.”

  “In fact,” Marc continued, “he was Aaron Forsberg’s lawyer when Forsberg was sent to prison with the use of a flawed DNA test wasn’t he?”

  “Yes,” Jefferson answered.

  There was a noticeable stirring throughout the courtroom including the jury with this news. Harris was desperately trying to find something to object to but at this point it would not have mattered.

  Judge Koch lightly rapped her gavel twice, looked over the crowd and sternly said, “Settle down. I won’t have any disturbances during this trial. Will the lawyers please come forward?” she added when the quiet resumed.

  “Mr. Kadella, is this a good time for the lunch break? I have a couple calls to make on other cases,” she whispered when the three lawyers reached the bench.

  “Certainly, your honor,” Marc replied. He was inwardly delighted with the request. Let the jury go to lunch with the news about Segal and Forsberg. Let them think about it for over an hour and really sink in.

  As the three men walked back to their tables, Koch gaveled and announced the lunch break.

  While the courtroom was emptying for the lunch break, Marc, Howie and Father John went into the small conference room. The priest and Howie took seats at the table. Marc was a little stiff from sitting all morning. Add to that the stress of focusing on his exam of Jefferson and his lower back was a little sore. Instead of taking a seat he preferred to stand and stretch.

  “I thought you did really well with that detective,” Howie said.

  “I agree,” Father John chimed in.

  “We scored some points. We’re lucky the prosecution changed lawyers. Steve Gondeck would have known to go over all that in his direct-examination of Jefferson. He would have brought it all out himself and taken most of its effectiveness away from me. Fortunately, Harris isn’t that good.”

  “Now what?” Howie asked.

  “You go back and get some lunch,” Marc said. Not wanting to spend the lunch break with the priest. Marc said, “I’ll go find a place to work on this afternoon’s testimony and see you back here at one.”

  “I have to go back to the church for a while, Howard,” Father John said. “But I’ll be back later.”

  “Your seat is reserved,” Marc reminded him. “You can come and go as you please. It will be there for you.”

  FIFTY-THREE

  “Detective Jefferson, we left off before the lunch break with the death of Julian Segal, do you remember that?”

  Jefferson answered the question affirmatively then Marc started in on the next victim, Elliot Sanders. Tommy Harris and Jefferson had thoroughly testified about Sanders and his ties to Howie Traynor.

  Marc went slowly asking very short, specific questions the answer to each being obvious and self-evident. He asked individual yes and no questions concerning the lack of any physical evidence or witnesses that could tie the murder of Elliot Sanders to Howie Traynor. Marc also made Jefferson admit Howie Traynor was under round-the-clock surveillance by the MPD at the time of the Sanders murder.

  In the end, Jefferson was forced to admit the only thing they had was motive. Elliot Sanders had been the foreman of the jury that convicted Howie Traynor for the death of Lucille Benson.

  Marc finished this line of questioning and paused. He stared at Jefferson for almost a half a minute, absolute silence in the courtroom. Having obtained the admission about a lack of evidence of Sander’s death, he probably should have moved on. Instead, he silently weighed the consequences of breaking the cardinal rule of courtroom examination of a witness: never ask a question you don’t know the answer to.

  “Mr. Kadella, do you have any further questions of this witness?” Judge Koch finally asked him.

  “Yes, your Honor. Detective Jefferson isn’t it true when you discovered the connection between Elliot Sanders and Howard Traynor, that was the precise moment you made up your mind that Howard Traynor was the so-called Crown of Thornes Killer?”

  Owen Jefferson almost imperceptibly flinched at the question. What was flashing through his mind at that moment was the question of how Marc could possibly know that. Jefferson hesitated wondering how he should answer.

  Sensing Jefferson’s dilemma, Marc quickly said, “You’re under oath detective. Please answer.”

  “Yes, it was,” Jefferson admitted.

  A slight rustling sound went through the gallery while the crowd slightly stirred wondering why this might be significant. Many of them turned their heads from side-to-side looking at each other for an answer.

  “Isn’t it true that you discussed this conclusion you reached, your belief that Howard Traynor was the Crown of Thornes Killer, with other members of the police department?”

  “Yes, a few,” Jefferson admitted.

  “The next victim, a lawyer by the name of Cara Meyers, was found murdered and posed in her condo building’s parking lot, was she not?”

  “Yes.”

  “And on her body the M.E. found a single strand of hair that was not one of Cara Meyer’s hairs, correct?”

  “Yes.”

  “Subsequent DNA testing matched that single hair to Howard Traynor, isn’t that true?”

  “Objection,” Harris said. “The witness was not allowed to testify about the DNA on direct-exam, your Honor.”

  Koch thought it over for a moment then looked at Jefferson and said, “If you know.”

  “Yes, that was the result that was reported,” Jefferson agreed.

  “To your knowledge, was Howard Traynor ever represented by Cara Meyers?”

  “Not that we were able to find.”

  “To your knowledge, did Howard Traynor and Cara Meyers ever even meet?”

  “Not that I am aware of.”

  “Detective Jefferson, is it possible that the single strand of hair found on the body of Cara Meyers was planted to provide evidence against Howard Traynor?”

  “Yes,” Jefferson shrugged then looked at the jury and said, “anything is poss
ible.”

  “When you received the DNA report from the crime lab, you were now convinced Howie Traynor was the Crown of Thornes Killer, were you not?”

  “I suppose so, yes.”

  “And you discussed this with other members of the police, didn’t you?”

  “Yes,” he admitted again.

  “Did you tell your boss Selena Kane?”

  “Yes, I’m sure I did.”

  “Did Lieutenant Kane have semi-regular meetings with the police chief and mayor about the case and the progress of your investigation?”

  “Yes, she did.”

  “Who did the mayor and chief talk to about these things?”

  “I do not know if they talked to anyone,” Jefferson answered.

  “Who else did your immediate superior, Selena Kane talk to?”

  “I wouldn’t know,” Jefferson said.

  “And who else did any of the people that the mayor, the chief and Lieutenant Kane talk to tell about the things they were told…”

  “Objection,” Harris said.

  “For all you know, dozens if not hundreds of people may have known about these things,” Marc continued ignoring Harris’ objection.

  “Sustained, Mr. Kadella,” Koch ruled clearly annoyed. “Move along.”

  Marc turned his attention to the final victim, Jimmy Oliver. The relationship between Oliver and Traynor had been thoroughly disclosed to the jury during Jefferson’s direct-examination. Rather than rehash all of that in its entirety, Marc restated a few points to reestablish it in the minds of the jurors and then moved on.

  “A short while after his release from prison, Howard Traynor stopped in at the bar where Mr. Oliver worked, did he not?”

  “Yes,” Jefferson admitted. Jefferson had warned Harris that Marc probably knew this but Harris did not believe the detective and chose to ignore the possibility. He foolishly failed to realize that Howie Traynor himself could tell Marc all about this meeting. Now Marc could bring it out the way he wanted to.

  “In fact, Mr. Traynor was under surveillance, by Anthony Carvelli at that time?”

  “Yes, that’s true.”

  “Isn’t it true Mr. Carvelli told you that this happened and urged you to talk to Jimmy Oliver and find out what they talked about?”