“I could tell something was wrong right away. I didn’t know what, but I asked her if she was okay. She sat down at the kitchen table, and stared out the window. So, I again asked her if everything was alright. She started to cry. The kids got scared so I told them to go do their homework and I would talk to them later. I pulled up a chair next to Martha and she just cried. Finally, I asked her what happened. It took a while, but she told me she’d been arrested and locked in a basement.”
“How did you react?”
“First, I had no idea what she was talking about. I didn’t know anything about where this took place; I assumed she had been at the police station. A little later she told me it was at Wendell’s, but she couldn’t tell me why. I called the store and they told me they caught her stealing and she signed a form admitting she stole something. They said they wouldn’t talk to me anymore, but their lawyer would be calling to collect the penalty. I had no idea what they were talking about.”
“What did your wife do?”
“She went upstairs and went to bed. She told me she never took anything and I believe her because she has never taken anything that’s not hers, ever.” Paul crossed his arms tightly across his chest and stared at Jack, defiantly challenging him.
Mike relaxed somewhat, because Paul was able to convey to the jury how this incident affected his wife. Paul explained that for the first few days Martha was distant, but nothing to cause alarm. As the weeks went by she became more and more withdrawn, spending more time in the bedroom and less time outside of the house. Her friends tried to coax her to do things, but Martha kept coming up with excuses until they stopped calling.
He took Martha to Dr. Rathman because she hadn’t left the house for ten days at the time he’d made the appointment. He drove Martha to virtually all of her appointments and believed the doctor was making progress, but it was extremely slow.
Paul raised his hands and testified that his children probably suffered more than his wife. Before she went to the department store, Martha was actively involved in her kids’ lives, taking them to activities, helping them schedule time with friends, and keeping track of homework assignments and school functions. Now, the kids primarily did this themselves. Paul chuckled when he admitted in some ways this gave them greater independence, but emphatically stated they were missing out on so much because their mother couldn’t do what she did before. “It’s almost like they don’t have a mother anymore.”
“Let’s turn to how this has affected you,” Mike said, moving into his last area of questioning with Paul. “Do you think you’ve been injured by what happened to your wife?”
“Absolutely,” Paul said. “Everything has been taken from us. Our marriage was strong before this. We spent a lot of time together. We talked and we had fun. Now, she just sits in her room. We barely speak and when we do, I get upset. It’s probably not fair, but I’m so mad because she isn’t herself anymore. We don’t have much left in our marriage.”
Paul’s testimony pleased Mike. Paul efficiently laid out his family’s injuries caused by the changes to Martha since this incident. He didn’t oversell what happened and didn’t become too emotional. He simply explained what their lives were like now. Mike turned the witness over for cross-examination, hopeful Paul could handle the questioning.
Jack stood and walked over to a video player. He turned on the projector, which was pointed at a screen in front of the jurors. Jack placed his materials on the lectern and carefully set the remote control nearby.
“Mr. Gebbert, you testified you’ve been hurt because of your wife’s injuries,” Jack began.
“Absolutely.”
“You spend time at home helping your wife.”
“Sure.”
“And this has caused you to miss out on lots of things outside of the house.”
“Yes, it has.”
Jack shifted positions, stepping out in front of the lectern and moving closer to Paul. “But you have been able to do certain activities while your spouse remained at home alone, true?”
“Sure, I go to work.”
“And you do a lot of other things, don’t you?”
“I don’t know what you mean.”
“You say you lost companionship with your wife, but you found comfort with someone else, didn’t you?”
Paul stammered, unable to formulate a response. Jack took another step forward. “Let me play you some video and perhaps you will be able to answer the question.”
Sensing impending danger, Mike stood and shouted, “Objection!” Jack turned to Mike almost snickering, his hands on his hips.
“What is your objection, Counselor?” Jeri asked from the bench.
“Mr. Rogers is about to play a video. They did not identify any videos on their exhibit list. They can’t offer any evidence if they didn’t previously identify it−unfair surprise.”
Glancing at Jack, Jeri allowed him to state his position. “Mr. Gebbert testified he has lost the companionship of his wife because of what happened at the store. The videos we compiled show him in the company of another woman and disprove his claim. Rebuttal evidence does not need to be identified on our exhibit list and we should be allowed to impeach the witness’s testimony with it.”
Jeri pondered the issue and then ruled, “I accept Mr. Rogers’ offer the video will be used to rebut Mr. Gebbert’s prior testimony and to impeach him. Accordingly, this is not unfair surprise and did not need to be identified in defendant’s Pretrial Statement. The defense may show the witness the video.”
Mike slumped into his chair, sensing his case was about to be hit with a body blow. Jack nearly skipped back to his lectern to begin the video.
The jurors sat forward in anticipation. When a grainy image of a man and a woman holding hands, ambling through a parking lot, appeared, Jack asked, “Isn’t the person walking with the woman, you, Mr. Gebbert?”
The jurors stared at Paul who responded, “I can’t tell, the picture quality isn’t good.”
The shot on the screen pulled back to show a longer view and the couple entering the lobby of the Hidden Pines motel. “You recognize the motel don’t you Mr. Gebbert?”
“I think I do. It’s by the highway close to our house.”
“Have you ever been a guest?”
“I can’t remember?” Gebbert offered weakly.
“Perhaps this will help−here’s a picture of the same couple coming out of one of the rooms holding hands. Isn’t that you, Mr. Gebbert?” This time, Gebbert couldn’t deny the implications of the images on the screen−his face easily identifiable.
“Yes, it’s me,” he submitted.
“Mr. Gebbert, I have lots of pictures here of you with this woman. Going to the movies, out to dinner and spending three hours at the zoo. You will admit these are you, and the woman depicted is not your wife, won’t you?”
“Yes,” he said even more meekly.
“And perhaps my favorite, you and your little lady friend having a picnic and then sneaking into the woods.” The video showed Paul and the woman running off, hand and hand, disappearing among the trees. “You remember going on this romp, don’t you?”
“Yes.”
“Last question−you spent day after day and evening after evening with this woman all during the time you say you lost the companionship of your wife, correct?”
“Yes.”
“I’m done with you, Mr. Gebbert,” Jack practically sang as he picked up his materials and returned to his seat. Ed Wagner conspicuously patted him on the back.
The room had closed in on Mike. Jack had inflicted major damage and Mike cursed himself for not knowing Paul Gebbert cheated on his wife. He had to do something to help his case, but was beginning to panic and couldn’t think straight.
“Mr. Reigert, any more questions?” Jeri asked from the bench as the jury looked on. Stan, seeing Mike squir
m in his chair, leaned over and whispered in his ear. Nodding his head, Mike said, “I have a couple of more for Mr. Gebbert.”
Mike took a position in front of his counsel table−the location he ordinarily utilized when he cross-examined hostile witnesses. Paul Gebbert was now an enemy and Mike prayed he could establish one fact to save his case. “Mr. Gebbert, all of these videos were taken after your wife’s imprisonment at the department store, weren’t they?”
“Yes, they were.”
Mike, now taking a stab in the dark, asked, “Did you ever have an affair with another woman before the incident at Wendell’s?”
“Never.”
Mike turned, heaving a sigh of relief and returned to counsel table. Paul Gebbert slinked off of the witness stand collapsing into a seat in the back of the courtroom. He looked directly at the floor, avoiding the venomous eyes of the jurors.
Chapter 50
September 17, 2018, 4:45 p.m..
Trial Day 1
MIKE LEANED UP against the wall in the hallway outside of Jeri’s courtroom and softly banged his head against the plaster. Stan waited for a few moments, allowing Mike to process what Paul Gebbert had done to their case. They needed to come up with a plan for how to deal with this unfortunate development. It was the end of the day which, at least, provided them with a little time to regroup. Mike’s worried words came out in rapid succession. “How do we overcome this? We might as well pack our bags. The jury thinks we are a bunch of slime.”
Stan put a hand on Mike’s shoulder and said, “Slow down. Unexpected things happen at trial all of the time. We can deal with it.”
“Uncle Stan, this is bad.”
“Agreed, but think for a minute. Martha is hurt by the department store. She can’t be a real wife for Paul, so he seeks comfort elsewhere. Paul may appear to be a pig, but Martha is the one who is aggrieved.”
“True, but to the jury, Paul is the face of the family.”
“That needs to change. You need to get the husband as far away from this courtroom as possible. You saw the way the jury looked at him when he got off the stand. He’s damaged goods.”
Before Stan could continue, Mike was smacked on his back as Jack and his mentor came strolling down the hallway. “Hey buddy, we had some fun in there didn’t we? You didn’t see that one coming, did you?” Jack said, stopping to wait for a reaction.
“You’re an asshole Jack. You take a lot of pleasure in breaking up somebody’s family, don’t you?”
“Don’t blame me. It was your client’s own doing. Nice pictures of him going into the woods,” Jack sneered. “You screwed with me Mike and now we are going to win this case. You should’ve accepted our offer.” Jack turned and smiled at Wagner.
“You’re a poser Jack. You always were. You can’t do things on merit, so you’ll take any shortcut.” Mike’s retort hit the mark. Jack took a step towards Mike, raising his hands in threat.
“This is how you like to respond, right Jack?” Mike moved toward Jack. “You want to threaten me like you did to Megan. You’re a coward Jack.” The former classmates edged closer until Jack shoved Mike with a strong two-handed push.
The commotion was attracting attention. Recognizing the impropriety of two attorneys coming to blows in the courthouse, Stan stepped in between them and barked, “Back off, both of you. Jack, walk away. You two can settle this tomorrow.”
Jack glared at Mike as he straightened his tie and backed away. “You should have taken the money. I’m not going to let this cost me my partnership.” Wagner slapped Jack on the back as the two sidled down the hallway.
Mike leaned against the wall to gather his nerves, before saying to Stan, “Perhaps Martha can’t sit in court for very long, but I think I have an idea. I need to go talk to Martha. I have to tell her what happened today. This will be ugly. I’ll let you know if it works.” Mike ran down the hallway, leaving Stan alone.
Chapter 51
September 11, 2018, 8:45 a.m.
Trial Day 2
MIKE SLOUCHED AGAINST the wall of the courtroom resting, his eyes heavy and his back in knots. He had spent most of the previous evening at the Gebbert home, formulating a plan to deal with Paul Gebbert while also assisting the family in coping with the revelation of his unfaithfulness.
When Mike arrived at the Gebbert house the drama was already unfolding. Paul had returned home and confessed his transgressions to Martha and their kids. The betrayal devastated Martha, who told Paul to leave the house. Martha was nearly non-communicative while Mike tried to develop a revised trial strategy. It took hours of pleading until Martha finally consented to a change in their plans.
On his way home from the Gebbert house the evening before, Mike briefly explained to his uncle that he had convinced Martha to allow the kids to take Paul’s place as the family’s representatives in court. Mike understood the risk of having the children in the courtroom and the jury assuming they were trying to engender sympathy, but Mike believed they had no choice. Given what she had learned about her husband, Martha indicated she just wanted the trial to go away. Ultimately, the kids convinced their mother to allow them to testify.
The next day, Stacey and Tanner Gebbert, dressed in their church clothes, followed Mike into the courthouse. Neither had been to a legal proceeding before and both gaped as they walked into the courtroom.
Mike took a seat at counsel table, unable to predict what would happen during the second day of testimony. “Call your next witness, Mr. Reigert,” Jeri announced to start the day.
Stacey Gebbert shuffled to the stand, unable to make eye contact with the jurors, the judge, or anyone else in the courtroom. She stepped into the witness box and was consumed by the large wooden chair. When Mike asked her to state what her name was, tears began to stream down her checks. The jurors looked sympathetically at Stacey while Jeri handed her a tissue and offered some reassuring words. Watching the mini-drama unfolding, Mike felt a tinge of guilt, recognizing the family’s disintegration might pay dividends with the jury.
Mike introduced her to the jury and Stacey tried to collect herself, but acted confused. Mike decided to start with the hard part. “Stacey, tell the jury what happened at your house last night.”
Stacey faced the jurors, but still was unable to make eye contact. “My dad came home last night and there was a lot of crying.”
“Stacey, let’s take this a little slower. When your father came home did he say something to your mother?”
“Yes, he was upset and he told all of us he did something very bad. He told my mom he was seeing someone else.”
“What did your mom do?”
“She cried. She yelled at him and she told him she wanted him to leave the house and not come back. That’s why Tanner and I are here today and not our dad.” Stacey looked at jury members bewildered. The jurors returned her gaze.
Mike shifted gears. “Stacey, were you aware of any problems between your parents before your mother was chained to a table at the department store.”
“No, I didn’t think there were any. Everything was fine. After she came home that day, things for my mom got worse. I thought my dad was working real hard to help my mom, but I never knew....” Stacey’s voice trailed off and more tears formed at the corners of her eyes.
Watching from the edge of the jury box, Mike thought Stacey was accomplishing exactly what he and his uncle had hoped. Relying on kids’ testimony is fraught with danger−they are unpredictable, but if they come across as credible, the emotions they convey can linger for an entire trial. Mike thought that within minutes of Stacey taking the stand the jury began to bond with her, which was inevitable once they saw the pain her parents’ breakup was causing her.
“Tell us how your mom has changed since she was handcuffed by the department store.”
Stacey considered. “She was always there for us. She helped us in school and got us to our
activities. I play soccer a lot. She went to every game and was the head parent for the team. Whenever I had a problem, I would go to her. Now everything is different.”
“How?” Mike prodded.
The question appeared to confuse Stacey, but she persisted. “Last week, I needed to finish an assignment for science class and had two soccer games. I was having trouble getting started with the project and I went up to see my mom in her bedroom. It used to be she would come up with a great idea to help me start my homework. So, I asked her and she told me to talk to my father.
“My dad’s not good at that kind of thing so I went and got everything I needed for the project. I did it all myself, but it took a lot of time. I missed my games.” Stacey paused. “Before this, my mom would have made sure I got this done on time and drove me to soccer. Is that what you wanted?”
Mike smiled at Stacey. “Yes, thanks Stacey. I don’t have any more questions for you.” Stacey started to stand. Jeri grinned and said, “One second, young lady. The attorney for the department store gets to ask you some questions if he wants to.”
Mike sat at his counsel table. As Jack stood and walked to the lectern, Mike recalled Stan telling him that at trial jurors usually root for the witnesses over the attorneys because all of the rules favor the attorneys−more so when the witness is elderly or a child. Every attorney knew to tread lightly when questioning these types of witnesses and to make perhaps a single point and immediately sit down. If the jurors thought the lawyer was beating up on the young or the infirmed, the jury might penalize that side when handing down its verdict.
Jack placed his hands on the lectern, glanced at Stacey, and then at the jurors. “We have no questions of this witness,” he announced.
Wanting to maintain his momentum, Mike immediately called Tanner Gebbert to the stand. Now a seventh grader, but yet to have a growth spurt, Tanner looked younger than his actual age. Tanner took his seat with a bit more confidence than his sister. After being sworn to tell the truth, Tanner waved at the jurors. Two of the women jurors waved back.
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