“This trial better not last much more than a couple of weeks,” Gabriella said to Cordelia. “I’m not sure how much of those two I can take.”
“We’ll see how the ratings are and what our bonuses will look like,” Cordelia said. “The extra money may be enough to make them a little more tolerable.”
FORTY-ONE
“Good morning, Detective Coolidge,” Marc politely said while seated at the defense table. He introduced himself and continued by asking, “How long have you known the Sutherland family?”
“Oh, let’s see,” Max said, “More than twenty-five years now.”
“You met Robert Sutherland while still in high school, didn’t you?”
“Objection, relevance, your Honor,” Heather stood up and said.
“Goes to bias and credibility, your Honor,” Marc said.
“Overruled. Answer the question, detective,” Carr said.
“Yes, that’s correct,” Max replied.
“In fact, Robert helped you get your first job in one of the Sutherland grocery stores didn’t he?”
“Yes, he did.”
“And William helped get you a job with the St. Paul police department?”
“Well, I’m not…”
“Yes or no, please, Detective Coolidge.”
“Yes, I suppose he did,” Max admitted.
For the next twenty minutes Marc asked a long series of short yes and no questions regarding his close friendship with the Sutherlands. In fact, Marc went a little too far. Some of this had been brought out by Heather during the direct-exam. The jury was getting a little bored with it and seemed to be thinking Marc had made his point and it was time to move on.
“Ms. Anderson did an excellent job of presenting your history as a police officer to the jury. You’ve had a fine career, haven’t you?”
“Yes, I guess you could say that.”
“And you owe William Sutherland a great debt for that, don’t you?”
“Objection, argumentative,” Heather said.
“Withdrawn, your Honor,” Marc said.
“There was a court hearing to request an order to exhume the body of William Sutherland, isn’t that true?”
“In fact, there were two,” Max said.
“No, detective, there was only one. At first, Mackenzie refused to allow the body to be dug up and disturbed, the second did not take place because she agreed to it. Do you remember that?”
“Yes, sorry, you’re right.”
“And during the only actual hearing on the matter of the exhumation, after the prosecution requested William be exhumed, the judge turned them down, is that true?”
“Yes, that’s correct.”
“Were you in the courtroom then?”
“Yes.”
“You were very angry with that ruling, weren’t you, detective?”
“I wouldn’t say that, no.”
“Really?” Marc said to Max. Marc looked at the judge and asked for permission to approach the bench, which was granted. Heather and her associate, Danica Kyle joined him
“Your Honor, I have a tape I want to show the jury. It’s a tape that was shown on TV news of the witness beating a man the day after the hearing…”
“There’s no connection between the two events,” Heather said.
“This was totally out of character for this police officer. The connection is obvious; he was angry about the result of the hearing.”
“No,” Carr said. “You can question him about it but no film.”
“Let him deny it,” Marc said taking one last shot at showing the film.
“No, and that’s final.”
“Detective, how many official reprimands have you had for the use of excessive force?”
“Objection, relevance.”
“Overruled,” Carr quickly said.
The question made Max slightly squirm in his chair and pause before answering. “Just once,” he said.
“The day after the request to exhume William’s body was denied, you met with a man named Marvin Gibbs, didn’t you?”
“Yes, I did,” Max calmly answered while thinking: This is why cops hate lawyers.
“You were supposed to meet with him and he failed to show up, isn’t that true?”
“Yes.”
“You saw him walking on Grand Avenue and then turn up a side street, isn’t that true?
“Yes.”
“And you chased him down, did you not?”
“I wouldn’t say I chased him down,” Max answered.
“I have the names of two police officers who witnessed this incident, Detective Coolidge. Would you like to change your answer?”
Squirming a bit and looking a little uncomfortable, Max said, “Okay, I suppose I took off to catch him and maybe drove a little too fast.”
“And you did catch him, didn’t you?”
“Yes,” Max quietly answered.
“And according to your official reprimand, you, and I quote: hurried out of your car and slapped and punched Marvin Gibbs until he was laid out on the sidewalk, unquote,” Marc said reading it off of a copy of the reprimand he had. “Is that what happened?”
Max leaned forward toward the microphone thinking about an explanation. After two or three seconds, he realized if he tried to explain it the lawyer could probably use that to make it sound even worse. Instead he simply said, “Yes,” and sat back in the chair.
“Do you normally beat up people who miss a meeting with you?”
“Objection!” Heather yelled jumping to her feet.
“Of course not,” Max defiantly added.
“Sustained,” Carr said. He glared at Marc who was sitting with an innocent look on his face. “Watch yourself, Mr. Kadella.”
Marc had gotten out of this line of questioning what he wanted. He could now argue in his closing statement that Max was inflamed by the adverse ruling disallowing the exhumation. This went to his bias toward the Sutherland family and against Mackenzie to the point that he closed his mind about other possible suspects.
“The next day you went to Chicago to escort a fugitive back to Minnesota, correct?” Marc continued.
“Yes, I believe it was the next day.”
“Is this something detectives normally do, escort fugitives?”
“Sure, sometimes,” Max said.
This answer was a lie and Marc decided to go fishing. He had a copy of the St. Paul police department’s policy book in his briefcase. There is not a word in it about detectives performing this duty. Marc could easily impeach the witness with that policy book. He removed it from his briefcase and asked for permission to approach the witness. When he reached the witness stand he handed the book to Coolidge.
“Detective Coolidge, I have given you a book. It is the policy manual for the St. Paul Police Department. Do you have a copy of this manual?”
“Sure, somewhere,” Max answered eliciting a laugh from the gallery.
“Is there anything in there about detectives escorting fugitives?”
“Probably not but that doesn’t necessarily mean we don’t do it.”
“Really? And after you were promoted to detective, except for the trip to Chicago, how many times have you performed this duty?”
“Um, I can’t remember,” Max said.
“How about none?”
Max hesitated for a few seconds before conceding that this was a first.
Marc took the police manual back and returned to his seat.
“You went to Chicago because they wanted to get you out of town for a few days to let the beating of Marvin Gibbs die down, isn’t that true?”
“Objection, argumentative and without foundation,” Heather interjected.
“Sustained. Move on, Mr. Kadella.”
“When you discovered Frances Cartwright might be Mackenzie Sutherland, you believed she used the name Frances to hide her identity, didn’t you?”
This question broke the cardinal rule of not asking a question you do not know the answer t
o. Marc figured that the answer was obvious enough that the jury would believe Max did think this, even if he denied it.
“Yes, I suppose I did,” Max agreed.
“Did you know her mother’s name is Frances?”
“No, I did not.”
“Did you know her mother died of cancer and Mackenzie was very close to her mother?”
“No, I didn’t.”
“Did you know Mackenzie’s middle name is Frances and she used that name as a tribute to her mother?”
“No, I didn’t.”
“And isn’t it true that your belief that she used the name Frances to hide her identity added to why you believed she was guilty?”
“Oh, I don’t know, maybe…”
“Yes or no, detective,” Marc said.
“Yes,” Max admitted.
“When you discovered the cause of death of Wendell Cartwright, you suspected Mackenzie Sutherland of killing him didn’t you?”
Max sat silently for ten or twelve uneasy seconds thinking about the question.
“Answer the question, detective,” Carr said.
“Yes, I suppose I did.”
“Did you think that if his death was not caused by a heart attack, that someone other than Mackenzie might have killed him?”
“No, I did not,” Max claimed.
“So, if Wendell Cartwright’s death was by other than a natural heart attack, you believed his death was caused by Mackenzie Sutherland, isn’t that true?”
“Yes, I suppose so.”
“It’s safe to say that because Wendell Cartwright died of a heart attack, that is the reason you believed Mackenzie caused his death, isn’t it?”
Max hesitated, shrugged his shoulders and conceded the point.
“May I approach, your Honor?” Marc asked.
Carr gave him permission to come up to the witness stand. Marc walked up to Max a second time, this time carrying a document and when he reached the witness stand he gave it to Max. For the trial record, Marc had to make a verbal identification of what he handed to the witness.
“Detective Coolidge, I’ve given you a document marked for identification as Defense Exhibit A. Do you recognize this document?”
“Yes.”
“It’s the official autopsy report for Wendell Cartwright, isn’t it?”
“Yes, it is,” Max agreed.
“Detective, please read the highlighted part in the box entitled Cause of Death.”
“Acute myocardial infarction.”
“Do you know what that means?”
“Objection,” Heather said. “He’s not a qualified medical expert.”
“Do you know what a myocardial infarction is, detective?” Carr asked Max.
“It’s a heart attack.”
“Overruled,” Carr said.
“Toward the bottom of the same page is another highlighted area. Please read the highlighted part, detective,” Marc said.
“This sixty-four-year-old white male died as a result of an acute myocardial infarction brought on by his lifestyle. The examination shows signs of cirrhosis of the liver due to excess alcohol consumption. In addition, the muscles show signs of atrophy due to a lack of regular exercise and there are numerous signs of drug abuse. His toxicology screen (attached) shows traces of cocaine, heroin and methamphetamines.”
“Thank you, detective,” Marc said. He took the autopsy report and returned to his seat.
“Isn’t it true, detective, despite the death of Wendell Cartwright having been investigated by the Chicago police and yourself, there was no physical evidence of any kind found to even hint that Wendell Cartwright died from anything other than a natural heart attack?”
“Yes, that’s true,” Max answered.
“After the body of William Sutherland was exhumed and a second autopsy performed, you focused all of your attention on Mackenzie Sutherland, isn’t that true?”
“Well, I’m not sure I would say all of my attention on her.” As soon as he said this, Max regretted it. Having testified in many trials, he knew exactly what the next question would be.
“Really? Tell me, detective, name one other person you considered to be a suspect in the death of William Sutherland, just one.”
Max snuck a quick peek at Heather hoping to be rescued. Heather simply stared back, unable to think of a single objection that would not be overruled. After two or three quick seconds, Max realized he was cornered and decided to concede.
“Sorry, you’re right, she was our only suspect because…”
“Nonresponsive, your Honor,” Marc quickly said cutting off the explanation.
“Answer only the question asked,” Carr reminded him.
“No, I can’t think of anyone else.”
Marc looked over his notes to decide if he wanted anything else from Max. After about twenty seconds Carr asked him if he had more questions.
“A moment, your Honor, please,” he replied.
Marc decided he had gotten out of Max about all he needed to argue bias and a poor investigation. A significant point toward reasonable doubt.
“Just a couple more questions, your Honor. Detective, isn’t it true that your investigation never came up with any bottles, syringes or other objects connected to the drug found in William Sutherland?”
“Yes, that’s true,” Max admitted.
“And you have no idea how it was taken by William Sutherland, do you?”
“No, we don’t,” Max agreed.
“I have nothing further at this time, your Honor. But the defense reserves the right to recall.”
“Redirect, Ms. Anderson?”
“Yes, your Honor,” she answered him.
“Detective Coolidge, after you found out the cause of death of Wendell Cartwright, why did you suspect Mackenzie Sutherland?”
“The similarities between his death and William Sutherland’s seemed to be too much of a coincidence. Plus, we found out about both men changing their Wills shortly before their deaths.”
“Why was Mackenzie Sutherland your only suspect?”
“Objection, your Honor” Marc said. “They had more than ample opportunity to thoroughly go over this during the direct examination.”
Judge Carr thought it over then said, “I agree. The objection is sustained. Move on Ms. Anderson.”
A shocked Marc Kadella stole a quick glance at Heather Anderson.
“I have nothing further, your Honor.”
“Mr. Kadella, recross?”
Marc thought about going after him on the statement he made about the Wills of both men being changed. Marc decided he could do better with that issue with other witnesses still to come. “No, your Honor, but again, we reserve the right to recall this witness.
Carr excused Max and adjourned for the lunch recess.
FORTY-TWO
Alfredo Nunez, the Chief of Pathology of the Ramsey County Medical Examiner’s Office was called to the stand. Dr. Nunez looked every bit the professional pathologist. A short, slender man, barely five-foot-seven and a hundred-thirty pounds with rocks in his pockets, he gave off an aura of total respectability. At fifty-seven, he still had a full head of coal-black hair and a neatly trimmed black mustache and goatee to go with it.
Nunez was an experienced witness who needed little preparation. In fact, he had testified so many times he could probably do his direct-exam by himself. The one flaw he had was a slight touch of insecurity that caused him to be a little too loquacious. At times, he could put a jury to sleep with his too detailed explanations. It seemed he had a need to show-off a little bit which could get a little boring.
Heather Anderson allowed her assistant Danica Kyle to conduct the exam. Danica was still in her first year with the prosecutor’s office and handling an exam of someone as competent as Nunez would give her some experience with an expert witness.
The first part of his testimony, as is always the case with anyone to be qualified as an expert, is to let him tell the jury about his qualifications. With Alfredo,
as much as he liked and needed to impress people, especially a jury, this took a while. Marc watched the jury’s reaction and could tell the more Alfredo talked, the less impressed they were.
“Dr. Nunez,” Kyle said to steer him toward the heart of the matter, “did you conduct the first autopsy of William Sutherland?”
“No, I did not. In fact, that was done at Regions Hospital by the deceased’s attending physician. My office was not involved.”
“Is this unusual?”
“No, not at all. When an elderly man in somewhat poor physical condition suffers an apparent heart attack, there would be no reason to involve the medical examiner’s office. If there was no sign of foul play, we would not normally be called in.”
“What if family members requested it?”
“They would have to convince the police or your office,” Nunez said.
“Let’s get to the second autopsy. Was there anything unusual found?”
“Yes, there certainly was.”
“And what was that?”
“Trace amounts of a drug called Interleukin 2.”
“And what is that, doctor?”
“It is a cytokine drug used in immunotherapy and cancer treatment.”
At this point, Ms. Kyle, having never done a direct exam of Dr. Nunez before made a mistake. Despite having been told by Heather Anderson to try to control him with short, specific questions she let him get away from her.
“Please explain to the jury what this is, doctor,” Kyle told him.
Explain to the jury was exactly what Nunez did. For at least a half-hour, Nunez treated the jury as if they were all third-year medical students preparing for an exam. Dr. Nunez had taken the time and effort to learn everything he could about IL-2. Whether they wanted it or not, the jury was going to get the full benefit of his research.
Kyle tried her best to get him to stop by mildly interrupting. She was silently begging Marc to object to something just to sidetrack him.
Nunez went over everything. From the research trials when the drug was first developed, through its chemical compound and how well it worked. This, of course, included comparing it to other drugs.
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 210
