Marc walked past Larry who was still seated at the table in the courtroom, through the door and out into the hallway. He was relieved to see the two people he was hoping to find when he got there.
“Hey, thanks for coming,” Marc said greeting Danh Vang, a reporter with the Minneapolis Star Tribune and Gabriella Shriqui.
“You owe me an interview on the Traynor case,” Gabriella reminded.
“Me, too,” Vang chimed in.
“Yeah, yeah, I got it,” Marc said. “We’ll start at nine and pick a jury. It shouldn’t take long to find six people. Probably no more than a couple hours for testimony,” he explained to them. “Then closing arguments. The judge wants to be done by 1:00. I really appreciate this.”
“This guy is your seventy-five-year-old uncle?” Vang asked him.
“Yeah, but don’t use that,” Marc said.
“We’ll see,” Gabriella said. “Depends on what we need to juice up the story.”
“Come on, Gabriella. Give me a break. I don’t need my mother, his sister to find out about this,” Marc basically whined.
“We’ll see,” Gabriella winked at him.
True to her word, Judge Gilbert was on the bench precisely at nine. She immediately noticed seven or eight spectators which was not unusual. There are always people hanging around the courts watching trials for entertainment. In addition to those there was a woman from an anti-prostitution group sitting in. She was there to see to it that justice was done or at least the justice she believed should be done.
The presence of these people was not a surprise. Nor was the presence of the reporter from the Strib, Danh Vang. He worked the court beat and was around the courts every day. It was the attendance of Gabriella Shriqui that caught the judge’s attention, as well as everyone else in the room. TV rarely bothered with routine misdemeanor cases, but of course, she had every right to be there. Uncle Larry was beaming with pride and joy at the site of her.
To start the jury selection a panel of ten prospective jurors was brought in and seated in the jury box. The judge made a few preliminary remarks to them and asked a few general questions of the group as a whole.
Marc began the jury voir dire. He started with general questions to indoctrinate the jury about innocent until proven guilty, beyond a reasonable doubt, the burden of proof and to make sure each juror would keep an open mind. Forty-five minutes later the six lucky ones had been selected; three women and three men. None older than forty which was what Marc had hoped for.
Bicknell gave his opening statement and quickly walked the jury through the case. Marc had previously brought a motion to preclude the recording the cops had of Larry clearly soliciting the policewoman. His motion was denied and Bicknell told them what they would hear and what the police witnesses would testify to.
Marc used his opening statement to again remind them of their promise and duty. While he spoke he made eye contact with each of them and emphasized innocent until proven guilty and it was up to them to make that determination. Not the judge or the prosecutor. It was solely their decision.
Bicknell started calling witnesses and brought the detective who was in charge on first. Detective Paul Cannon was a solid veteran cop and had little trouble explaining to the jury what had happened. When he finished, Bicknell turned him over to Marc.
“Your testimony is that you, the sound technician and two uniformed police officers were parked a half a block away from your so-called decoy officer Jennifer Hall, is that correct?”
“Yes, that’s right.” Cannon replied.
“And none of you had a direct line of sight with Officer Hall did you?”
“No.”
“You could not see what she was doing?”
“No, we could hear them clearly…”
“Is that a no to my question, Detective?”
“Um, yes, you’re right we could not see her.”
“She could have been doing a pole dance and…”
“Your Honor, objection,” Bicknell interrupted him. “Assumes facts not in evidence.”
“Sustained,” the judge ruled.
“May we approach?” Bicknell asked. Judge Gilbert answered affirmatively and the lawyers went to the bench. Gilbert pressed a button to emit a white noise in the courtroom so the three of them could converse without being overheard.
“Your Honor, he’s trying to lay a claim for entrapment. If he wanted to plead that he should have done so before this,” Bicknell said.
“Who said anything about entrapment?” Marc innocently asked.
“You are,” Bicknell replied.
“He has a point, Mr. Kadella. You’re getting awfully close to it. That’s enough. Move along,” Gilbert said.
“Yes, your Honor.”
When the lawyers got back to their respective tables Marc let the detective go with no more questions.
The next two witnesses, male uniformed police officers, both testified to the same basic thing as Detective Cannon. With each of them, Marc made the same point that they could not see what actually occurred.
“Is this your primary function with the police department?” Marc asked both Sergeant Alan Schmidt and Officer Kenneth Lindborg.
Both men answered negatively to this specific inquiry.
“Isn’t it true that you were taken off patrol duty, specifically for this prostitution sting?”
“Yes,” both men answered.
“Normally you would be in a patrol car cruising for criminals and helping protect citizens, isn’t that correct?”
“Yes,” both men answered.
Next up was the sound technician who testified to the validity of the recording. His was mostly technical testimony and Marc had no questions for him.
The final witness was the policewoman decoy, Officer Jennifer Hall. Even in a cop’s uniform with little makeup and her hair done up in a bun, she was still an attractive young woman. Five feet ten, slender dark blonde hair, the twenty-six year-old made all of the male jurors sit up and pay attention.
It was during her testimony that the jurors heard the recording. There was no ambiguity about it all. The first voice was that of the policewoman and all she said to entice Larry was a soft hello. The two of them chatted for maybe fifteen seconds about the weather then Larry clearly blurted out the question.
“Is fifty bucks enough for a blow job?”
The officer asked to see the money and the recording was clear that both the decoy cop and Larry verbally acknowledged that he showed it to her as an offer. The remainder of the recording was mostly Larry being arrested and read his rights. Bicknell quickly finished Hall’s direct-exam after that and turned her over to Marc.
Before Marc asked his first question a deputy wheeled a large, flat screen TV into the courtroom. He placed it in front of the jury box so the jurors would have a clear view of it.
“Officer Hall,” Marc began, “I notice you’re in your police uniform today and your hair is done up in a bun. Is that how you were dressed and how your hair was styled on the day of my client’s arrest?”
“No,” she answered. “I wouldn’t make a very good decoy standing there in a police uniform.”
This remark elicited a hearty laugh from the people in attendance and Marc smiled also.
“Probably not,” he agreed. He picked up the TV remote the deputy had placed on his table and clicked the power button. On the screen was the picture of the way she looked on the day of the arrest.
“Is this how you looked that day?” The difference was stunning. She barely looked like the same person.
“Yes,” she admitted.
“I must say, you look like a very attractive hooker, would you agree?”
“Objection to the use of the pejorative, hooker,” Bicknell said trying to draw attention away from the TV.
“Overruled,” Judge Gilbert said.
“That’s the whole idea,” Hall defiantly answered.
“I have nothing further, your Honor,” Marc said leaving her pictur
e up on the TV screen.
Bicknell thought for a moment about a redirect but decided the picture didn’t hurt his case. He rested ending the prosecution’s presentation.
Larry tugged on Marc’s coat sleeve and whispered in his ear. “I want to testify.”
Judge Gilbert ordered a short break before Marc could respond.
The jury was led out for a bathroom break and Marc took Larry into a small conference room.
“I want to testify,” Larry repeated after the door closed.
“Why?” Marc said.
“I don’t know,” Larry said. “It, well, looks like fun.”
“Fun! This isn’t a game. If the judge thinks you’re playing games she’ll nail your ass. Besides, what will you say? ‘I saw this really hot chick hooker on the corner and I got really, really horny?’ I don’t think so!”
“It’s my right to testify and…”
“No! This one time you are going to listen to me. You cannot do yourself any good on that witness stand.”
“What will you say to them in your closing?” a chastened Larry asked.
“I have something I’ll try. We’ll see if it works, but you’re not getting on that witness stand and that’s final.”
“Okay,” Larry sullenly agreed.
Earl Bicknell, the prosecutor, was first up to give his closing argument. Believing he had a slam dunk conviction, Bicknell kept it short and simple. He led the jury through the pertinent testimony of each of his witnesses and a summary of the law regarding the solicitation of prostitutes.
“I realize that many people believe prostitution is a victimless crime. Believe me, ladies and gentlemen, it isn’t. Those of us in law enforcement, (a subtle reminder whose side he was on) who have to deal with the dark side of it every day know how young women are abused and victimized for years. We fight it all the time and we need your help.
“Finally,” he continued slowly strolling to the defense table to stand in front of Larry Jensen, “I can understand how you might be sympathetic to a lonely, widowed, elderly man,” he said pointing at Larry. “But do not be swayed by your sympathy. The truth is he blatantly, deliberately broke the law and must be held accountable for it. We have proven beyond a reasonable doubt that the defendant is guilty of solicitation for the intent to commit prostitution. Thank you for your time and service.”
Marc waited until Bicknell returned to his seat and for the judge to give him permission to begin. He walked over and stood barely three feet from the jury box. He held up his right hand with all five fingers extended and slowly moved that hand across the jurors in front of each one.
“Five, ladies and gentlemen,” he started out saying as he continued to hold up the five fingers, “Five. Five members of the Minneapolis Police Department.”
Marc changed to hold up just his index finger. “One detective with eighteen years of service. Another, a sergeant with thirteen years,” he continued now showing two fingers. “Two patrol officers,” four fingers, “and a technician,” he said back to showing them all five fingers.
“Five, including three patrol officers who are normally patrolling the streets to catch criminals and keep our city safe. Five,” he said one last time for emphasis still showing them the five fingers.
He lowered his hand and gently held both hands in front of himself while he continued.
“Five members of the Minneapolis Police Department out fighting the scourge of prostitution and what did they get? A seventy-five-year-old, lonely widower. Quite a day in the annals of police work for the MPD.”
“Objection,” Bicknell said.
“Overruled but cool it on the sarcasm, Mr. Kadella.”
“Thank you for your time and service, ladies and gentlemen,” Marc concluded without responding to the judge. He then walked back to the table and sat down.
Judge Gilbert gave the jury their instructions and they were led out to deliberate. The judge left the bench and Marc and Uncle Larry followed the small crowd into the hallway.
Marc spent the next twenty minutes being interviewed by the two reporters. Gabriella’s cameraman had arrived and he filmed for about ten minutes while Gabriella asked questions. Uncle Larry was also briefly filmed and answered a couple questions. When they finished, both reporters reminded Marc that he owed them an interview regarding Howie Traynor.
They began to pack up to leave when the judge’s clerk came out and informed them the jury was back. Larry, of course, wanted to know if the short duration was good or bad. Marc had no idea either way.
Ten minutes later Bicknell came back in through the hallway doors just as the jury came back.
“Madam Foreman,” Gilbert said when everyone appeared ready. “Have you reached a verdict?”
The woman who was the jury foreman stood up, answered affirmatively and read the verdict form.
“Not guilty,” your Honor.
THIRTY-EIGHT
Marc was back at his desk. The unexpected not guilty verdict had displeased Judge Gilbert and angered Bicknell so much he stormed out of the courtroom. Marc had all he could do to contain his laughter. He had basically winked at the jury and encouraged them to stick it to the cops for wasting their resources and the jury’s time. Best of all, it had worked.
Larry was a little ambivalent about it. On one hand he was quite pleased to avoid the conviction. But he wasn’t sure how it would play with the women at his retirement complex.
Marc was still chuckling to himself about it while at his desk when there was a knock on his door. Connie stuck her head in and told him to check out the show on TV. Marc joined the small crowd in front of the office TV in time for the start of Melinda Pace’s show.
“I usually like to end the show with a lighter side of the courts and law,” she began. “I’m going to begin today’s with it because it happened locally.”
Melinda told the audience about Larry’s trial and its outcome. She placed special emphasis on the tape recording of the defendant offering the undercover officer fifty dollars for oral sex. Melinda didn’t have the recording itself but used the “several sources confirmed” line to assure the audience it happened. She then showed more than a minute of Marc and Larry being interviewed by Gabriella.
“I’m not sure whether to laugh or be upset,” she said. “The whole thing is kind of amusing but he was clearly guilty. I’ll leave it to each of you to decide for yourselves.”
At that exact moment, the phone rang and Carolyn quickly answered it. While the other office members laughed and congratulated Marc, Carolyn put the call on hold.
“Marc, it’s your mother.”
“Oh, God no,” he said hanging his head. “I forgot. She watches this show. I don’t need this. This is the last thing I want, to deal with her about her brother.”
By now everyone was barely containing their laughter over his dilemma. Connie pushed him toward his office while saying, “We’ll take it in here.”
“What do you mean, ‘we’?” he asked as Connie gently pushed him through the door. He sat down behind his desk while everyone crowded into his office.
“Hi, Mom,” Marc lightly answered acting as if nothing was amiss. He held the phone to his ear but Connie reached across the desk, punched the speaker button and held the base of the phone away from Marc.
“Give me that,” he whispered almost panic stricken.
“What have you and that idiot brother of mine been up to and why wasn’t I told?” the entire office heard Marc’s mother say. “He offered a policewoman fifty dollars for a blow job!”
“Mom, stop!” Marc practically yelled, almost in a panic amidst the stifled laughter. “Stop, I don’t need to hear my mother talking like this.”
“Oh, shut up. What, you don’t think I know what a blow job is? Grow up. Now…”
“Mom, please, would you want to hear Grandma talk like this?”
“Where do you think I learned it? Now, what have you two…?”
“Mom, call Larry! I’m not going to do this.
Call your brother. I’m hanging up now,” he said looking at Connie with pleading eyes as he punched his index finger up and down, gesturing for her to hang up.
Connie was watching with her lips pursed tightly together. Several of the others had left and were laughing in the common area.
Marc put his hands together as if praying and mouthed the word “please” several times to Connie.
“Fine, I’ll call him but both of you are on my shit list!” Marc heard his mother say just before Connie ended the call.
By now the entire office was practically rolling on the floor at Marc’s embarrassment. After a minute it died down. Connie wiped the tears from her eyes and took a deep breath.
“So, you found out your mommy knows what a blow job is,” she said.
Marc sat staring at the wall, too embarrassed to speak. A few seconds later he heard Carolyn yell at him.
“Hey, get out here. Melinda’s talking about Howie Traynor.”
Melinda was staring directly into the camera when Marc and Connie arrived in front of the TV. “Here it is folks,” Melinda said holding a document in her right hand. “This is a copy of the indictment handed down by the grand jury. We received it earlier today and I read through it before today’s show.
“The county attorney’s office and the police are obviously positive that Howard Traynor is the Crown of Thornes killer. As I said, I read through it but I haven’t had a chance to study the facts and allegations contained in it.”
She thumbed through the pages of the indictment, held it up again and continued.
“Forty-four pages, fifteen felony counts including ten counts of murder involving five victims.”
By this point, Marc was practically seething with anger. “How the hell did she get a copy of it before me?” he growled.
The office phone rang and Sandy stepped away from the TV to answer it.
“Marc, it’s Steve Gondeck from the…”
“Put him on hold!” Marc snapped. “Wait better still, tell him I’ll call him back when I’ve had a chance to calm down. Tell him that exactly as I said it so he’ll know how pissed I am.”
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 162
