by Derek Blass
There was a break in the testimony as Mason looked at his notes. “Your Honor, I think this would be a good time to take a break. We've been going for a while here.”
Judge Melburn squinted at a clock on the wall and then nodded his head. “Ten minutes.” The people in the gallery stood up and went to the windows at the back of the courtroom. Cruz tapped Mason on the shoulder and motioned he was going to go outside. Sandra followed him.
“How do you think it's going?” she asked.
“Not bad. I think Martinez is credible. He paints Shaver out to be a monster, which he is. By the way, who is helping you with the texts outside?”
She pulled her cell phone out from her purse and waved it proudly. “Let's go meet my correspondent.”
“But the testimony starts back up in ten minutes.”
“He should be on the steps. It'll only be a minute.” Cruz followed her through the long hallway to the front doors of the courthouse. He pulled back a thick, wood door and the mid-morning light swept into the hallway. There was actually a hush outside. The people had settled down overnight, and the excitement of the event had transformed into the grind of the wait.
The crowd picked up the movement and twenty thousand people, looked silently, expectantly at Cruz. He let Sandra squeeze out behind him, hardly able push the door against the stare of the crowd.
“Just creepy,” Sandra said as she scooted down the fifty or so stairs to the street. Sandra hugged the wall of the courthouse as she went, trying to be less visible to the crowd. She met a man who was dressed in a cream suit. His black hair was slicked back like a gel helmet. Big, white teeth gleamed when he smiled. Sandra waved Cruz down to join them, which he did reluctantly. He watched the crowd and felt its energy pulse up through the wall of national guardsmen.
Cruz got to Sandra and the plastic-coated man. He extended his hand to Cruz. “Andre Cisneros. Muuuucho gusto,” he said in a baritone voice. Cruz didn't like this guy already with his Mexican monster-truck-rally introduction.
“Cruz Marquez.” The man went back to talking to Sandra, groping her with his eyes. They were talking about how her break of the news story had spurred a national barrage. The horrific account of what Sandra went through plus the chase to get the video is what sent a local story over the top. Sandra told him what was going on inside the courtroom. Most reporters couldn't get into the court because Judge Melburn had limited the people in the gallery to those present on the first day of trial. This had sparked outrage in the media community. Stories like these made money, lots of it.
Andre took notes furiously. He was cheesy even when doing that. Extra energy, bouncing his pen on his pad of paper when asking questions, flashing that shit-eating grin. Cruz wondered if the man was actually this onerous, or if it pissed him off to see anyone else enjoying their time with Sandra. A little jealousy was healthy, he thought.
Clouds were rolling over the high roof of the courthouse. Cruz stood there impatiently. He wanted to get back inside to see how Martinez was doing. The clouds looked ominous. Sure enough, the sound of thunder groaned from somewhere in the distance. People in the crowd looked up, questioning their allegiance to the resolution of this issue. Banners that hung taut the day before had corners falling off of their supports. Tents slanted sideways under the weight of the crowd. The fickle attention of people was waning as time passed.
The conversation between the two finally seemed to be wrapping up. Cruz took the chance to jump in and suggest that they get back to the trial. The crowd exhaled as hope of some news dissipated. Cruz walked briskly in front of Sandra back to the courtroom. When he cracked the door to the court, he saw that Sphinx was already in his cross-examination of Martinez.
“The State's attorney made a big deal about your service on the police force. You're aware that Sergeant Shaver has served fourteen years in the department, correct?”
“I didn't know the exact time, but that sounds accurate.”
“That's over twice as long as you, right?”
“Yes.”
“And you...”
“That doesn't diminish my service though. I wasn't finished.”
“I apologize for interrupting then. I was going to ask about the description of your time in the academy. One of the things you brought up was testing on rules of law. Did those rules of law include how to perform a legal search and seizure?”
“They did.”
“And what you needed before arresting someone?”
“That too.”
“Okay, we'll get back to that later.”
Cruz could already feel the force of Sphinx's cross. It was like a jackhammer chipping away at a carefully built castle wall.
“I want to talk about the day that Mr. Rodriguez was shot. You said that you and Sergeant Shaver were the only ones that checked out the MP5s from inventory when you left on the call, right?”
“No, I think Dr. Ganesh said that.”
“You remember his testimony to that effect though,” Sphinx said without missing a beat. Cruz noted a golden rule of cross-examination—always get the witness to agree with your statements.
“I recall Dr. Ganesh saying something to that effect.”
“I want you to take a look at this document, Officer Martinez,” Sphinx said as he gave a document to Mason and then walked another copy up to Martinez and the judge. “Do you know what that document is?”
“It looks like a log for the inventory at the department.”
“Have you seen these logs before?”
“We see them every time we check equipment out,” Martinez answered as he looked up.
“Your Honor, I move to introduce this document as defendant's exhibit number one.”
“Any objection from the State?”
“Yes, Your Honor. Foundation to begin with. Officer Martinez does not keep these records, so how could he know if this is the actual record from that day? Hearsay also.”
Judge Melburn turned his attention to Sphinx who said, “Officer Martinez has just testified that he saw this type of log every time he checked equipment out. He recognized and authenticated it as one of their inventory logs. That is sufficient for its introduction. As to hearsay, this is a business record and so it is excluded from application of the hearsay rule.”
“I'm going to allow the document into evidence,” Judge Melburn said.
“The defense moves to publish to the jury.”
“Go ahead,” the judge said.
“Does the date on that log appear to be for the day you all went to Mr. Rodriguez's house?”
“Yes, I believe so.” Sphinx had projected an image of the log onto a big screen next to the jury box, which they were all reading.
“What gun does it show Sergeant Shaver checking in that day?”
“It reads one MP5.”
“What gun does it show you checking in that day?”
Martinez took a moment to look at the log, then he briefly looked at Mason before answering, “I don't see a log for me checking in my weapon.”
“So, you didn't check your weapon in that day?”
“Objection, Your Honor, asked and answered,” Mason stood up and said.
“Sustained.”
Sphinx went back to his counsel table and pulled another document out from a folder. Cruz could see delight in Shaver's eyes. Sphinx went to Martinez and handed him a copy of the document. “Officer Martinez, can you tell me what this document appears to be?”
Martinez read the piece of paper and then put it down. “It looks like the log from the next day.”
“Your Honor, the defense moves to admit this document as the defendant's exhibit number two.”
“Any objections?”
“Same objections as to the previous document,” Mason responded in a slightly defeated tone. He knew he would lose the objection, but he had to preserve the record for any possible appeal.
“Overruled,” Judge Melburn said matter of factly.
“Officer Martinez, I am goi
ng to hand you this document which has been marked as the defendant's exhibit number two while my paralegal publishes it to the jury.” The document was again projected on the big screen. “Please read the log for that day pertinent to the S.W.A.T. team you were on.”
“There is one entry, for me, for the MP5,” Martinez said disgustedly. The people in the gallery shuffled, creaking the old wood benches. Cruz looked at Martinez intently and then at Mason. This log issue was a fact that had escaped all of them—except for Sphinx.
“That means you didn't check your MP5 back in until the day after the incident, correct?”
“It seems that way although these inventories aren't always accurate.”
“What evidence do you have that the inventories are not always accurate?”
“Mainly accounts from the inventory officer, Officer Tulite.”
“Do you have any reason to believe that the inventory you see here in the defendant's exhibit number two is inaccurate?”
“No, other than what I just told you. The problem with that day, after Sergeant Shaver shot Mr. Rodriguez, is that it was hazy. I had never seen a civilian murdered like that.” Sphinx had made a critical error in asking an open-ended question like that. He knew it and tried to move on quickly.
“Let's turn to the day in question and the incident itself, since you provided a nice segue.” Sphinx took a position in front of Martinez with his arms crossed. “Both you and Sergeant Shaver had MP5s on the day in question, right?”
“Pretty sure that's been established.”
“Is that a yes?”
“Sure.”
“You allege that Sergeant Shaver shot Mr. Rodriguez, but it could have just as easily been your MP5 that shot him, right?”
“No, that's ridiculous. Shaver shot him, no question.”
“You don't have any evidence that Shaver shot Mr. Rodriguez, do you?” Martinez stared hard at Mason. He wanted so badly to disclose the fact that the video existed. It was bullshit that Sphinx could use a rule of evidence to get around the video. Mason stared back at him and Martinez could barely discern Mason shaking his head no.
“Besides what I saw, no.”
“In fact, the only evidence you or the State have against Sergeant Shaver is your word, correct.”
“I don't know what evidence the State is going to present. I just know that I saw Sergeant Shaver kill Mr. Rodriguez in cold blood.”
“But, it just as easily could have been you, right?” Martinez just shook his head. “Officer Martinez, answer the question.”
“No, it could not have been me.” Sphinx smiled and moved on.
“We already established that you did not check your MP5 into inventory as required. After the incident involving Mr. Rodriguez, you went after Shaver for some time, didn't you?” Sphinx was walking a fine line. If he stepped too far over it, the door to explaining the existence of the video would swing open.
“Sergeant Shaver was actually chasing after me for a while.”
“When the tables turned, you started chasing Sergeant Shaver to apprehend him.”
“There came a time where we had to arrest Sergeant Shaver for his crime.”
“Who was the we? Other members of the police force?”
Martinez pursed his lips, knowing that this issue backed him up against a wall. “It was me, an attorney, and some other people.”
“That means you were going to effect the arrest with civilians?”
“That's how it worked out.”
“And you didn't have a warrant to arrest Sergeant Shaver, did you?”
“We had a warrant on its way, but there was an emergency situation that required us to effect the arrest immediately.”
Sphinx picked up a piece of paper and asked his next question, “This emergency was a Mr. Tyler Smith?”
“What do you mean?”
“The emergency you are referring to, it was saving Mr. Smith?”
“We had reliable information that Sergeant Shaver was holding a person as a hostage.”
“Mr. Smith.”
“Yes.”
“And isn't it true that Mr. Smith had tried to kill you before you went to save him?”
“That is true.”
“What you are trying to tell me and the jurors is that you forced your way into Sergeant Shaver's house to save a man that had tried to kill you?”
“Whether he tried to kill me or not is irrelevant. It was a hostage situation.”
“It wasn't just a convenient way to arrest Mr. Shaver?”
Mason stood up and said, “Objection, Your Honor, argumentative.”
“Sustained. The jury will disregard counsel's last question.”
“In your opinion then, Officer Martinez, you didn't violate any rules when arresting Sergeant Shaver without a warrant?”
“That is...”
“When you stormed Sergeant Shaver's house with flashbangs and automatic rifles.”
“If you let me finish, no, I didn't violate any rules.”
“How many people were there when you effected this illegal arrest?”
“None, because there wasn't an illegal arrest.”
“How many people were there, Officer Martinez?”
Martinez let out a sigh and looked up towards the ceiling as he counted. “I think, about eight people.”
“Were any of them officers?”
“No, as I said before.”
“In fact, weren't some of them criminals?”
“I don't know any of their backgrounds.” Cruz did not like how the cross examination was going. He tensed in his seat.
“Was there a Luis Gutierrez in your group?”
“I don't recall anyone with that name.”
“Were you aware that he had been convicted in Mexico of a double homicide, but was released early due to his political connections?”
“Like I said, I don't remember all of the people that were there.”
“How about Simon Morales?”
“Nope.”
“Did you know he was one of the F.B.I.'s most wanted drug runners operating at the Tijuana border?”
“No.”
“If you didn't know these people, who was your connection to the criminal underbelly of Mexico?”
“I didn't know everyone there.”
“But you knew a man named Raul Solis, correct?”
“Yes, he is my brother-in-law.”
“Was he the one that brought those criminals along to illegally arrest Sergeant Shaver?”
“Objection, Your Honor!” Mason yelled. “This cross examination has gone on like this long enough. Counsel's questions are argumentative and ignore the answers that Officer Martinez is giving.”
“I am simply ascertaining who Officer Martinez took with him to perform this illegal arrest, Your Honor. If he had used other police officers, as required, this wouldn't be an issue.”
“I'm going to overrule the objection, but let's get on with this, Mr. Sphinx,” Judge Melburn said in a raspy voice. It was a napping voice.
“My last question, Officer Martinez. What rule didn't you violate in the time between when Mr. Rodriguez was killed and you arrested Sergeant Shaver?” Cruz sat up in his seat. This was a tremendous gamble on Sphinx's part, to ask such an open-ended question. Martinez contemplated the question.
“I maintained my integrity and made sure that the man who murdered Mr. Rodriguez is sitting here on trial today.” Sphinx calmly picked up his stack of papers and sat down.
“The State's next witness?” Judge Melburn asked.
Mason rose from his chair and leaned on the counsel table. “The State rests, Your Honor.” It was a difficult thing to say, especially where there just weren't many witnesses to call.
“The defense?”
Sphinx leaned over to Shaver and whispered something. Shaver shook his head and the conversation continued between the two. “Your Honor, can the defense request a brief recess, please? Five minutes is all we need.”
“Five m
inutes. Everyone remain where you are, no milling about.” Judge Melburn went back into his chambers. Sphinx approached one of the court's bailiffs and asked to be allowed to speak with Shaver outside of the courtroom, in confidence. The bailiff looked at some of the other bailiffs who shrugged their shoulders. Sphinx grabbed Shaver by the bicep and led him out into the hallway.
“Shaver,” Sphinx started, “You don't need to say a thing. There is enough reasonable doubt in this case for you to be acquitted ten times over!” Sphinx looked back at the courtroom to make sure no one was around to hear the conversation. “I promise, you can only screw things up from here. Trust me and give this to the jury now!”
“I want my story to come out, Sphinx. I want the chance to say something!”
“You'll get that fucking chance when you are acquitted and you go onto every fucking morning, afternoon and evening show in the fucking world!” Sphinx yelled. He was raining spit as he spoke. “This is not the time to speak up!”
“But what about my story?”
Sphinx pulled Shaver farther away from the doors to the courtroom. “Your story?! You mean the story that you shot that old man in cold blood? The story that you may have killed the cameraman that caught you shooting the old man? The story that you may have killed other police officers, and that you may have called for hits from your prison cell? Those fucking stories, Shaver?!”
Shaver smiled and said, “You don't believe all that, do you?”
Sphinx pulled his head back from Shaver. “I've worked with a lot of sick fucks, but you're at the top of that list.”
“I'll take that as a compliment.”
“Don't. I'm not here to be your friend. I'm here to get you acquitted, that's my job. At most, our interests are temporarily aligned. But don't confuse that for friendship or camaraderie. I'm not like you.”
Shaver's face turned red, he thrust his hand out and grabbed Sphinx by the collar. He pushed Sphinx back against the cold hallway wall and said, “Kidnapping people isn't a crime? I know the things you've done, Mr. Sphinx. You're far from clean. Spare me your fucking lectures.”
