"That sounds pretty cryptic, Detective. What did it mean?"
"Objection, your honor." Brackett's attorney, a man Jim knew as Leroy Cutter, stood to emphasize his case. "There could be a million interpretations for a message like that."
"I'll rephrase the question, your honor."
"Go ahead," The Judge replied.
"Detective, what did that message mean to you?"
"It meant Lee Brackett was back."
"And why did you reach that conclusion?"
Jim glanced quickly at Blair as he watched Beverly pace slowly back towards the jury. "The game is an old CIA reference, and Brackett has used it before. Also, sending messages over a cellular phone like that is relatively uncommon. Something Lee Brackett would do." Jim paused, shooting Lee a quick look. "Also, my partner was uncharacteristically absent that evening, and I had been unable to contact him."
"And after the phone call, what did you do?"
"Captain Banks called for backup, to replace us at the scene, and we drove to my home."
"You left the stakeout prior to your backup arriving? Is that standard procedure, Detective?"
Jim clenched his jaw momentarily and glanced out towards his partner, whose eyes had just shot to the floor, his face flushing . "No, it's not. I was afraid for my partner's life, which seemed more immediate to me at the time. The stakeout had so far been unsuccessful, and backup was on the way." He didn't really feel the need to explain, but he understood what Beverly was getting at. Maybe it didn't sound like standard procedure, and maybe he should have been reprimanded for his actions. But he also knew, if Blair were in danger again, Jim wouldn't hesitate to take immediate action.
"You were that sure that the message you received meant your partner, Blair Sandburg, was in immediate danger?"
"Yes, I was."
"And when you reached your apartment, what did you find?"
"At first, nothing. Captain Banks and I entered the loft and searched quickly, then the television in the loft came on. A tape recording began to playback automatically."
"At tape recording of who?"
"Lee Brackett."
"And what was on the tape?"
"Brackett. He was holding Blair hostage. He said he had business in town, and had decided to finish the game he had started earlier. He said I had to find Blair in time, or he might die."
"Die? From what, Detective?"
Jim's jaw clenched again, tightly. "He held up a vial, and a syringe, then proceeded to explain what the drug he had was capable of." Jim paused, his eyes darting to Blair and back. His partner was keeping his eyes fixed on something near the floor, in front of where Jim was seated. "He then injected Blair with the drug."
"And then what happened?"
"He said the tape we were watching had been made 20 minutes ago, and that I had another 15 minutes to find Blair. Then the tape shut off."
"And then what did you do?"
Jim kept his eyes on Beverly, trying to force the remembered terror back down where he could control it. "I realized Blair was in the building, by the pipes I had seen on the tape. The Captain and I ran downstairs, to the basement, and found him."
"And what did you find?"
Jim took a breath. "I found Blair. He was dying." He glanced at Brackett who was watching Jim's every word with a look of complete calm. "Captain Banks and I rushed him to the hospital."
"Detective, when you were at the hospital, did Captain Banks receive word from the stakeout?"
"Yes. The man we were waiting for had been killed, along with the person he was meeting."
"What was the time frame, between yourself and Captain Banks leaving the stake out, and the relief officers' arrival?"
"No more than 10 minutes."
"So, theoretically, it would be possible for someone to make a phone call, to your cellular phone, telling you to be home in 20 minutes...then as you drove away from the stakeout, enter the house you were watching, kill the person there, as well as someone who had possibly just arrived, and be gone in less than the 10 minutes it took for your backup to arrive?"
"Objection, your honor. Calls for speculation."
"Your honor, Detective Ellison is trained in these matters. I think he could judge time frames in a simple theoretical scenario."
"Overruled. The witness will answer the question."
"Yes, it's very possible," Jim replied.
"And the death of the man you were waiting for, how did that affect the case you were working on at the time?"
Jim paused for a split second, half expecting Brackett's attorney to object. "Vince Delaney was a key witness to an extortion and money laundering case against a man named Kostov. When he died, our case at the time was ruined." He glanced at Blair and found his partner finally looking up, watching him. "We later learned that Brackett had been hired by Kostov to commit the murders."
"Objection, your honor."
There it was. Jim looked at Blair while the lawyers hashed it out, focusing in on his heartrate. He seemed outwardly to be holding up well, but Jim could still detect a fast, occasionally skipping beat, coupled with the slightest shaking of his hands.
"Sustained."
Jim brought himself back to the subject at hand, and realized the Judge had ruled against the question.
"I have no further questions at this time, your honor, but I reserve the right to recall the witness."
"Mr. Cutter."
Jim watched Brackett's attorney stand, remaining behind the desk.
"Detective Ellison, what happened to the supposed tape you and Captain Banks claim to have seen?"
"It was destroyed."
"How?"
Jim flexed his jaw muscle. "It was apparently exposed to acid. The FBI crime lab is working on what's left."
"Expose to acid? And where did this take place?"
"In the evidence room, at the Station." Jim remained non-plused at the intimation.
"And did either you, or Captain Banks, witness in person Mr. Brackett attacking or killing anyone?"
Jim's jaw spasmed again, harder this time. He knew these games and what they were designed to do, and he knew better than to let it get to him, but it was. "No."
"Thank you, Detective. No further questions."
"The witness may step down."
Part 4
* * *
Jim stood, and with one final glance at Brackett, returned to the bench next to Blair. As he sat down, Beverly called for her next witness. Blair stood without hesitation and walked out of the bench and towards the witness box. Jim gave him points for putting on a good show, but he knew the younger man was shaking to pieces inside. He could almost feel Blair's trepidation as he took the oath, stated his full name and occupation, and sat down.
"Mr. Sandburg, several months ago, you were attacked and abducted outside the home you share with Detective Ellison, is that correct?"
"Yes." Blair's answer was short and clear, his voice steady.
"Can you tell us what happened that night?" Beverly had approached the witness box and her voice lowered, exuding calmness and sympathy. Jim could see his partner respond to it, and he kept his eyes locked on her.
"I had locked my keys inside the car, and was standing beside it, when I saw someone coming up behind me. Before I could turn around, he grabbed me, and covered my nose and mouth with a cloth soaked in chloroform."
"Did you get a chance to see this person's face before you lost consciousness?"
"Yes."
"And is that person in this courtroom?" Beverly stepped aside slightly so Blair could have a clear view of the entire room.
Jim watched as his partner flinched, barely perceptibly. "Yes, that's him." Blair pointed at Brackett, but lowered his hand quickly, and returned his eyes to Beverly.
"Please let the record show that the witness has identified the accused."
"So noted."
"When you regained consciousness, where were you?"
Blair cleared his throat. "I didn
't know at the time. I was in the basement of our building."
"And were you alone?"
"No. He was...Brackett was there, with me." Hang on Blair, you're doing fine.
"Could you leave?"
"No, my hands were tied...to a pipe, above my head."
Beverly moved forward, until she was blocking Blair's view of Lee. "Can you tell me what happened? What did Mr. Brackett do?"
Blair cleared his throat again, and his eyes nearly darted to Jim, but he seemed to force them to stop at the floor instead. Jim mentally willed his partner calm, trying to impart something, anything, that would help him through this. The memory was hard for Jim to bring to words, what must it be like for Blair?
"He...kept me there, while he set up some video equipment." Blair paused and his eyes again darted up, towards the defense table, but Beverly was still standing in the way, preventing Blair from seeing Lee Brackett, only his attorney. "Then, he used a cell phone to make some kind of call."
"Some kind of call?" Beverly asked. "You mean, he didn't just use the phone to call someone?"
"No, he entered some numbers, waited a few seconds, and entered several more. Then he hung up."
"Did he tell you what he was doing?"
Blair swallowed. "No, not exactly."
"What did he say, exactly?"
"He said...He said it was time to send my partner a message. Then he used the phone, and when he was finished, he said he would know when Jim returned." Jim felt a sudden, aching pain in his chest as the memory of Blair lying helpless and dying on the wet floor flashed across his mind.
"And then what happened?" Beverly moved closer, still keeping between Blair's line of sight and Lee Brackett. Her voice had softened even more, and Jim mentally applauded her for it, shaking off the disturbing vision.
"He turned on the video camera and stepped in front of it. I don't remember what he said. I just..." Blair cleared his throat again softly. "I just remember the needle, he injected something into my neck."
"And then what did he do?"
This time Blair's eyes found Jim's and he tried to hold them, but his partner was too terrified with the memory to stay, and he looked again at Beverly. "He left." As steady as that voice may have sounded, Jim could hear the shaking behind it. "I don't remember very much after that."
"So, Mr. Brackett accosted you in the parking lot, took you to the basement of your building, tied you up, held you against your will, injected you with an unknown chemical, and then left. Is that right, Mr. Sandburg?"
Blair nodded dully, then remembered to answer out loud. "Yes."
"Thank you, Mr. Sandburg." Beverly smiled, then turned to the judge. "I have no further questions, your honor."
"Mr. Cutter."
Jim looked at Brackett's attorney, watched him stand, and walk towards Blair. His partner's eyes seemed to be glazing over slightly, then he blinked and tried to focus on the man approaching him. Stay with me, partner.
"Mr. Sandburg. Have you ever taken drugs?"
Blair's eyebrows rose, as did the hair on the back of Jim's neck. "No," he answered simply.
"I have here," Cutler produced a file folder he had been carrying. "The lab analysis of the chemicals found in your system that night at the hospital." He opened the file and glanced at it. While it was open, Jim focused tightly so that he could see the words written there. He read as quickly as he could, then realized where the man was going with it.
"The report shows that the general make-up of the drug found in your system was custom made, and showed a remarkable resemblance to LSD. Much like the designer drugs so popular today."
Blair said nothing and Jim once again willed him to stay in control. He really was doing remarkably well, considering the circumstances. He'd have to remember to tell Blair when this was all over how well he had done. If he could just get through this next part.
"You've never taken drugs, you say?"
"Objection, your honor." Beverly stood. "Asked and answered."
"Sustained. Move along, Mr. Cutter."
Beverly sat back down and Mr. Cutter paced closer to the jury. "Mr. Sandburg, several weeks ago, you spent 5 days in the hospital. Can you tell us why?"
"Objection, your honor." Beverly stood again. "That can't possibly have any bearing on this case."
"Goes to character, your honor."
"Approach."
Jim didn't have to focus to hear what the lawyers and judge were discussing. What he had to focus on, was not listening to the private conversation. He looked at Blair, trying to get the younger man to meet his eyes, but he wouldn't. Why?
"I'll allow it. The witness will answer the question." The attorneys both stepped away from the judge's box. Beverly returned to her chair and Mr. Cutter stepped back to the jury.
"Mr. Sandburg, how did you come to be in the hospital?"
"I was exposed to a chemical, at the Station."
Good, Blair. Very good.
"You then proceeded to the police garage, with a gun, and fired several shots, some of which came dangerously close to the officers in the garage at the time. Is that correct?"
It wasn't you, Blair, it was the drug. "Yes." Blair was able to answer without hesitation.
"The police report, which has been entered as Defense exhibit K, your honor, states that at the time, your partner, Detective Ellison, was working on a case involving designer drugs. Is this correct?"
"Yes."
"And were you with the Detective when he went undercover and made contact with the dealers in question, obtaining a bag of this drug?"
"Yes, I was." Jim suddenly realized where this line of questioning was going. He had to resist the urge to jump up and answer the implications Mr. Cutter was about to make.
"And can you tell us, Mr. Sandburg, what happened to that bag that Detective Ellison acquired?"
"Objection, your honor." Blair's face had gone pale, and his eyes finally met Jim's. A look of confusion mixed with sudden realization. "Mr. Sandburg is not a police officer. Speculating on what may or may not have happened to evidence is not his responsibility."
"Your honor, there were only two representatives of the Cascade PD at the scene at the time. The report states that a bag of the drug, Golden, was obtained, but then there is no mention of the bag again, and it was never entered in as evidence. Now are we to believe someone of Detective Ellison's background was responsible for the missing evidence?"
"Mr. Cutter is practically accusing Mr. Sandburg of taking the drugs, your honor."
"Objection sustained. Let's get back on track here, ladies and gentlemen."
During their exchange, Jim could hear Blair's heart rate increase, his breathing get that much more shallow. He glanced at the jury, a mixture of men and women of varying ages. It was hard to judge what they were thinking, but whether or not the defense was allowed to continue in that vein, the damage was already done. Jim had on more than one occasion become irritated at people who made assumptions based on Blair's age, or the way he looked or dressed. He'd even had to chastise himself for his own first impression of the younger man when they met.
"Mr. Sandburg, you say you were drugged, brought to the basement, then drugged again, is that correct?"
Blair cleared his throat, forcing his eyes to meet the attorney's. "Yes." Good Blair, keep your answers short.
"And your memory of that time is rather spotty, is that correct?"
"No, I remember it. The time in the hospital, I don't recall much of that."
"I see. So it would be safe to say that this drug affected your memory?"
Blair glanced at the judge for an instant. "I don't know that, no. The trauma affected my memory. I was unconscious most of the time in the hospital."
"I see. And during that time, did my client ever approach you?"
"No."
"During that time, did my client phone you, or Detective Ellison?"
"No."
"At what time did you again see Mr. Brackett?"
"A
t the warehouse." Blair's eyes darted to Lee Brackett, whom he now had a clear view of, and for a moment, fixated there. Jim looked at Blair, trying to force his eyes off of Brackett and back to him. If he could keep his partner focused, let him know he wasn't there alone...
"At the warehouse. And who else was at the warehouse?"
Blair forced his eyes away. Jim could see the effort it took to remove his gaze and look back at the attorney. "Jim...Detective Ellison, and several SWAT officers."
"Several SWAT officers? And why were they there?"
"To...they were there to apprehend him."
"Him? By Him, do you mean my client?"
"Yes."
"So, is it safe to say that there were several armed police officers, waiting to catch my client in a trap that had been set for him? Is it safe to say my client had cause to fear for his life?"
"Objection, your honor. Is Defense asking or stating?"
"Sustained."
"I have no further questions, your honor."
"Redirect?"
"Yes, your honor." Beverly stood, but remained behind the table. "Mr. Sandburg, did you inject yourself in the neck with what turned out to be a potentially deadly mix of chemicals?"
"No." Jim could hear the quavering in Blair's voice increase, but he still didn't think anyone else could.
"And did you purposefully ingest a near-lethal amount of the drug called Golden?"
"No."
"No further questions."
"The witness may step down."
Blair stood almost immediately, but Jim could see he was holding onto the rail in front of the seat for as long as he could, to prevent himself from shaking. It was all he could do not to walk past the attorneys' tables and retrieve the younger man. As Blair passed Brackett's seat, Jim heard his heart skip a beat. He stood and moved to the edge of the bench, took Blair by the arm as he approached and guided him out of the courtroom. Jim didn't stop until they were in the hall and walking towards an empty conference room. Blair hadn't said a word, had just allowed Jim to guide him, but he was shaking, visibly now.
Shadow of a Doubt Page 5
