Cross Examination: The Second Jerrod Gold Novel (The Jerrod Gold Novels Book 2)

by James C. Gray

  "Thank you, Your Honor," Lorena said.

  "Back to the joinder issue," the judge said. "Are there any more arguments from either side?"

  "The People's position on that issue is clear," Lorena said. "We have nothing further, Your Honor."

  "Mr. Vinnik?" the judge asked.

  "Thank you, Your Honor. Trying these two cases together would be unduly prejudicial to my client. The jury could be pushed into the position of not believing the evidence of either case, but, hey, two deaths. Their reasoning might be Mr. Usher must have committed at least one of them. Then, if he did one, he probably did the other one too. You know, where there's smoke, there's fire. These two cases are completely unrelated, the defenses for each case are different, and justice demands they be tried separately."

  "Thank you, Mr. Vinnick," Judge Kohnke said. "I'm prepared to rule on the trial joinder issue."

  CHAPTER 91

  "Which case is going to trial first?" Jerrod asked Lorena in her office at the District Attorney's Office. Stan Walsh had joined the meeting.

  She leaned back in her chair. "I'll have to talk to Mr. Harlan about it, but I would say we are going to try the Hank Jones case first."

  "Why that case?" Stan asked.

  "There are a few significant differences between those cases," she said. "We have the gun in the Jelinski case, but the Jones case includes the auto theft. We attorneys are told on the first day of law school to never consider any case a 'slam-dunk,' but the auto theft charge is... well... a pretty easy lay-up. Plus we have Usher's flight out of state."

  "Flight?" Jerrod asked.

  She continued, "Usher didn't flee after the Jelinski case. You two found him the same day the crime was discovered. But after the Jones murder -- he ran. And he ran all the way to Oklahoma. Usher fled after he found out you were trying to find him, I can argue he had a 'consciousness of guilt' about the crime which, at least circumstantially, shows he committed the crime."

  Jerrod nodded.

  "Also," Lorena continued, "Vinnick has already told us what the defense in the Jones case will be. Self-defense. He'll argue Hank Jones came at Usher with the wrench-thing and he took it away. Hank fell and bumped his head. It's a stretch, but if he convinces the jury the death was accidental... we lose the murder charge."

  "And?" Jerrod asked.

  "The only way Vinnick can argue any of that," Lorena said. "Is to put Nicholas Joseph Usher on the witness stand and let the jury hear it from him."

  "Usher's pretty cool under questioning," Stan said. "He beat a polygraph from the best examiner in the state."

  Lorena said, "Preston gets to ask Usher his questions under direct examination and then I get my turn -- under cross examination."

  Lorena Delgado leaned forward and looked across her desk at the two investigators. "And I absolutely love cross examination."

  CHAPTER 92

  May 1991 -- Wednesday Morning -- Mesa County Superior Court

  "The jury is in place," Judge Alexander Kohnke said, "and we're ready to begin the trial of the People of the State of California versus Nicholas Joseph Usher. Are The People ready?"

  Assistant District Attorney Lorena Delgado stood."The People are ready, Your Honor."

  "Is The Defense ready?"

  Senior Public Defender Preston Vinnick stood. "The Defense is ready, Your Honor."

  Twelve jurors had been chosen from a pool of over one-hundred potential candidates pulled from the community. Many had been dismissed from duty by the judge based on personal hardships and commitments. Others were questioned by the attorneys to get a feel for how they would receive and process the evidence.

  The jury selection process, or voir dire, involved more of a "de-selection"-- as the attorneys tried to find jurors sympathetic to their case, but, more importantly, who would not be hostile toward the evidence they presented.

  Following two full days of voir dire, seven men and five women were empaneled and given the juror oath to impartially hear the evidence presented and render the fate of Nick Usher.

  Five alternate jurors would also hear the evidence and fill-in should a member of the main jury be unable to complete their duties. All sat in the jury box along the right wall of the courtroom. All were issued notepads and pens to record there personal notes during the trial.

  Lorena had taken the seat at the prosecution table closest to the jury. Jerrod sat to her left. Preston Vinnick sat at the defense table to the left of Jerrod. Nick Usher -- dressed in a a white open-collar shirt and dark slacks -- sat to the left of his attorney and furthest from the jury.

  Nick sported a fresh haircut and had neatly trimmed his Fu Manchu mustache.

  Lorena stood. "Your Honor, may I designate Mesa Sheriff's Office Sergeant Jerrod Gold as my Investigating Officer for the duration of the trial."

  Judge Kohnke looked at Preston Vinnick. "Any objections from The Defense?"

  Preston stood. "No objection, Your Honor."

  Judge Kohnke turned to the jury. "The various witnesses you will see during this trial have been excluded from the courtroom except when they are actually testifying. An exception to that is a designated 'Investigating Officer' who may be called as a witness, but is, nevertheless, allowed to remain in the courtroom to help coordinate witnesses and evidence items."

  Some of the jurors nodded at Jerrod. He nodded back.

  Judge Kohnke spoke to everyone in the courtroom. "I run a tight ship. We will start each day at nine-thirty. I expect everyone in their seats and the attorneys prepared to proceed at that time. We'll recess for lunch precisely at noon. At one-thirty, we will resume and continue until four-thirty each day. I expect no delays and there will be no exceptions."

  A middle-aged female juror raised her hand.

  "Ma'am, you have a question?" the judge asked.

  "What if I can't 'hold it' for three hours?" she asked.

  Snickers were heard in the courtroom and the uniformed bailiff glared at the gallery from his desk.

  "I can't either," the judge said. "We'll take regular breaks during the day to accommodate everyone."

  "Thank you, Judge," the woman said.

  "Are The People ready to make an opening statement?" the judge asked.

  Lorena stood. "We are, Your Honor."

  "Please proceed."

  Lorena took a yellow legal pad from the table and walked to a wooden podium at the center of the courtroom.

  "Ladies and gentlemen of the jury..." she started as she wove a concise and expertly articulated outline of the prosecution case. Her presentation foreshadowed the witnesses the jury would hear and the evidence about to be presented to them. She made eye contact with each and every juror as she gained their full attention. Several jurors made subtle nods as she spoke.

  "Thank you, Ms. Delgado," the judge said. He turned to Preston Vinnik. "Opening statement from The Defense?"

  Preston stood. "The Defense would like to defer our opening until The People have rested. Thank you, Your Honor."

  Judge Kohnke turned to the jury. "The Defense has the option of giving their opening statement either before, or after, The People present their case. The Defense has opted to wait, or defer, until they begin their case. You are not to draw any inference from that deferral."

  The judge turned to Lorena. "Ms. Delgado. Let's proceed with The People's case. Do you have a witness ready?"

  "Thank you, Your Honor. The People call as their first witness -- Jordan Jones."

  Jerrod got up from the table, passed the short swinging gate behind the prosecution and defense tables, and down the center aisle through the rows of benches reserved for the courtroom gallery.

  Above the courtroom door, there was a three-foot diameter clock. Jerrod had noticed Judge Kohnke glance at the clock frequently.

  In the lobby, Stan Walsh sat with sixteen year-old Jordan Jones -- the grandson of Hank Jones.

  Stan stood and said, "We have a serious problem."

  And the problem was obvious.

  CH
APTER 93

  "Your Honor," Lorena said in a voice that was a fraction less confident as it had been during her opening statement. "Sergeant Gold has informed me there is a... situation... with our first witness. The People request a brief recess... fifteen minutes... and then we'll be ready to proceed."

  "Not off to a great start, Ms. Delgado," Judge Kohnke said as he turned to the jury. "We'll use this as our morning break." He glanced at the wall clock before returning his attention back to Lorena. "And we will proceed in fifteen minutes. Ready or not."

  "Thank you, Your Honor," Lorena said as the jury members stood and stretched.

  Lorena whispered to Jerrod: "Fix this... now."

  Jordan Jones had been taken to a small courthouse break room used by the bailiffs that was out of sight from the jurors.

  "What the hell is wrong with you?" Jerrod asked the teen.

  Jordan stared at the table top and didn't respond. Stan sat next to him.

  "Okay. I'm just going to talk and you listen," Jerrod said. "We just started the trial for the man accused of killing your grandfather. The jury is waiting to hear your testimony. Just like we discussed the last three or four last times we talked, we need you to tell the jury what you did and saw at the trailer on the day he was killed."

  "I wanna kill Nick Usher," Jordan said as he held his stare at the table. His fist were clenched and the blood vessels in his temples pulsed.

  "Well, you don't get to do that," Stan said. "And your little stunt isn't helping at all today."

  Jerrod asked, "What possessed you to show up looking like this. Today, of all days."

  "I don't know."

  "I don't either," Jerrod said. "But here's how it's going to work. You are going to get your shit together right now. You're going to walk into that courtroom like a man. You're going to look at Nick Usher one time. You're going to answer the questions that are asked of you honestly... and then you're going to go home."

  Jordan took his focus off the table and looked up at Jerrod. "Or what?"

  "Or Nick Usher goes home too. You control that. You have five minutes to screw your head back on or we're just wasting our time here. It's all on you."

  CHAPTER 94

  The jury members were in their seats and the judge asked, "Ms. Delgado, are you ready to proceed now?" His emphasis on the word "now" was not lost on anyone in the courtroom.

  "We are, Your Honor. The People call their first witness -- Jordan Jones."

  Jerrod went to the lobby and Jordan stood. "It's now or never, kid. We don't get a second chance at this."

  "Fuck him," Jordan said. "Let's go."

  Jerrod held the door as Jordan stormed into the courtroom.

  The bright pale skin of Jordan's bald scalp and missing eyebrows -- which he had shaved himself just minutes before Stan arrived to get him for court -- boldly contrasted against the otherwise tan skin of his face and neck.

  The court clerk swore him in and he took the seat in the witness chair.

  "Please state your name for the record," the judge asked.

  "Jordan Jones."

  "Ms. Delgado. Direct examination."

  "Thank you, Your Honor." She moved to the podium with her legal pad in hand.

  "Good morning, Mr. Jones."

  "Good morning."

  "Mr. Jones. How old are you?"

  "Sixteen."

  "How are you related to Marian "Hank" Jones?"

  Jordan looked directly at Nick Usher with cold eyes. He rolled his shoulders back and took in a deep breath. He glanced at Jerrod. Jerrod subtly shook his head and braced for the outburst.

  "He was my grandfather," he said quietly as he turned his attention back to Lorena and never glanced at Nick again.

  "Mr. Jones, when was the last time you talked to your grandfather?" Lorena asked as she continued the direct examination of Jordan. He loosened up as he listened to the questions posed at him and gave honest and consistent and often tearful answers. His grandfather's general daily schedule, the times and details of his two visits on the day of his death, and the description of the stolen Mercury Monarch were established.

  "I have no further questions for this witness, Your Honor," Lorena said as she ended her direct examination.

  She she took her seat at the prosecution table, looked at Jerrod, and whispered, "Thank you." Jerrod nodded back.

  "Cross examination, Mr. Vinnick?" the judge asked.

  .

  Preston Vinnick stood and began his questioning of Jordan Jones.

  Cross examination allows the opposing attorney great latitude in questioning a witness. It is an effective tool used to dilute and contradict a witness' testimony given under direct examination. "Cross" differs most from "direct" in that attorneys are allowed to ask "leading" questions -- questions framed in such a way that only "yes" or "no" answers are required. Leading questions are, generally, not allowed during direct examination.

  Preston's "cross" was thorough, but his tone was gentle on the fragile young man. He struck a very competent, but balanced performance in front of the jury.

  "Re-direct, Ms. Delgado?" the judge asked -- which was a chance for Lorena to ask additional questions or get clarifications from the witness regarding only the testimony obtained under cross examination.

  "No re-direct, Your Honor," she said.

  "Is the witness excused?" the judge asked both attorneys.

  "No objection, Your Honor," Lorena said.

  "No objection, Your Honor," Preston said.

  "The witness is excused," Judge Kohnke said. "Ms. Delgado, please call your next witness."

  "The People call Deputy John Kirkpatrick."

  Deputy Kirkpatrick -- a fifteen-year veteran dressed in his Class A uniform -- took the stand.

  Lorena questioned him for twenty minutes about getting the radio call to Hank Jones' trailer, what he saw, and how he secured the scene until the detectives arrived.

  Jerrod watched Judge Kohnke look at the large clock which hung over the courtroom's lobby door. Jerrod glanced at his watch. It was precisely twelve-o'clock.

  As Lorena continued her questioning of the deputy, the judge interrupted. "We'll be taking our lunch recess now."

  "Maybe two or three more questions, Your Honor," she said.

  "We'll resume at one-thirty. You can continue then. Court is in recess."

  CHAPTER 95

  Wednesday -- Lunch Recess

  "Sergeant Gold," he answered his desk phone.

  "Jerrod. This is Bruce Witt."

  "Hello, Bruce. Make it quick. I'm in trial and I need to get back over to court in a few minutes."

  "Remember the video I took at Brent Rozman's crash scene."

  "Sure. Thanks for bringing him up. I hadn't thought about Brent for at least two minutes."

  "There's something on the tape I have to show you. I didn't even notice it until this morning."

  "Bruce. I don't need to see your tape. I don't really care at this point... Brent's gone and the accident investigation's closed."

  There was a pause on the phone. "Listen to me. You have to watch this tape. I don't know who else to take it to."

  Jerrod thought for a moment. "Fine. We can meet later today... after I'm out of court. Bring the tape to the SO and I'll take a look at it."

  "It can't be at the SO," Bruce said. "We have to meet somewhere else."

  "Okay. Okay. Mister Cloak-and-Dagger. I'll call you when we're done for the day."

  CHAPTER 96

  Wednesday Afternoon -- Mesa County Superior Court

  "We are back on the record," Judge Kohnke announced. "Ms. Delgado, you may continue your direct."

  Lorena asked Deputy Kirkpatrick two additional questions.

  "Cross, Mr. Vinnick?" the judge asked.

  "No questions, Your Honor," he replied.

  The deputy was excused.

  "Ms. Delgado, next witness, please," the judge said.

  CSU Detective Raymond "Shroom" Mingus testified about processing Hank Jones' trai
ler. A diagram of the scene and several photographs he had taken were admitted as evidence. The chrome torque wrench found in the trailer was introduced to the jury.

  Preston Vinnick asked a handful of questions, but didn't challenge the evidence admitted.

  Doctor Robert Torosian described the autopsy of Hank Jones' body, the injuries received, and presented selected grisly photographs from the procedure.

  The doctor had brought with him four one-foot lengths of wooden dowel: one piece was one-quarter-inch in diameter, the second one-half inch, the third three-quarter-inch, and the last was one-inch.

  He used an actual size, blown-up photograph of the blunt-force impact injuries to Hank Jones' scalp to compare the various wood dowel diameters against the wounds. The three-quarter inch dowel -- the same diameter of the torque wrench -- was clearly the most consistent with the injuries.

  "Doc" hefted the wrench and slapped it against the palm of his other hand -- causing two jurors to flinch. He testified the weight and rigidity of the wrench was consistent with the multiple impacts to Hank's head.