She also took full advantage of her ability to ask "leading questions" to restrict Nick Usher to "yes" or "no" answers. Many questions started with: "Would it be fair to say...?" He would answer and she'd quickly move to another topic, then back, then forward, then back.
Jab and move. Right. Move and jab. Left.
"You told the jury you went to Mr. Jones' trailer looking for work?"
Lorena asked.
"Yes," Nick answered.
"You bought a jacket in Kingman, Arizona with the money you made from the sale of Mr. Jones' car, correct?”
"Yes."
"You have told the jury your tools had been stolen, correct?"
"Yes."
"How much cocaine did you use each day."
"I don't know... a gram... maybe."
"You said you did home repairs, correct?"
"Yes."
Nick Usher kept his composure during the intense questioning. For fifty minutes, he endured Lorena's verbal barrage.
Then the cracks in the story started to appear.
For the following five minutes, Lorena unleashed a torrent of rapid-fire questions which sent Nick Usher -- the fighter -- back on his heels. Her jabs turned into full body blows. He was staggered and his legs became weak.
Jerrod glanced at his watch. It was two-minutes-to-noon.
Lorena Delgado kept punching. The "11" on Nick Usher's brow started making frequent appearances.
Jerrod watched Judge Kohnke peak at the clock over the courtroom door. Was he going to ring the bell and end the round? He thought.
The cracks in the defense case grew into fissures as Lorena unleashed the unrelenting attack. Nick Usher's calm demeanor crumbled. His answers became confused and he contradicted his earlier testimony. The "11" was a permanent fixture on his face.
Nick Usher often glanced at his attorney -- who could offer him no help. No towel would be thrown into the ring to stop the fight.
At precisely twelve o'clock, the judge glanced up at the clock as Lorena continued landing one solid blow after another. Nick Usher was on-the-ropes just covering his head as the onslaught continued.
Jerrod peeked at Preston Vinnick at the defense table and watched him slink down in his chair. He dropped his pen onto his legal pad as he watched his client get pummeled.
For eight more minutes, Lorena's punches stung and Nick Usher became more confused. The defense story completely unraveled. The judge peeked at the clock and Preston sank deeper in his chair.
Nick Usher endured a flurry of verbal body-blows and head-shots. The judge again glanced at the clock. Ten after noon.
The jury sat at the edge of their seats and watched the brawl.
The very competent defense attorney sank lower in his chair and silently wished he was somewhere else.
"Just one more question, Your Honor," Lorena announced.
"Go ahead," the judge said.
"Mr. Usher. Last question. Are you lying to the jury right now -- or were you lying to them this morning?"
The judge looked at Lorena and then at Preston -- who seemed lost in his thoughts.
"Uh... oh... objection, Your Honor. Argumentative," Preston said as he stood.
Before the judge could rule, Lorena said, "I withdraw the question, Your Honor. The People have no more questions for this... witness."
With a strike of his gavel, Judge Kohnke announced the recess and the continuation of he defense case after lunch.
No one immediately got up from their seats. All sat for a moment and reflected about what they just witnessed: Nick Usher, the tall and fit and clever and confident boxer, having just been repeatedly knocked to the canvas by the short and squat and resolute and vastly superior fighter who was ADA Lorena Delgado.
CHAPTER 104
Monday -- Lunch Recess
Jerrod Gold felt the buzz in the air as soon as he walked into the office of Sheriff's Investigations during the lunch recess.
"What's going on?" Jerrod asked Linda Westphal as he stopped near her desk -- although he knew already exactly what was happening.
"Sergeant Regner came back from a meeting with Sheriff Osborn," she said, "and this place just exploded. The sheriff wants the lieutenant back in Mesa... ASAP. It must have something to do with that reporter looking into Brent's crash."
"Has anyone been able to find Sullivan?" he asked.
"Oh, yeah. He'll be back tomorrow morning." She shook her head. "Jerrod, I'm pretty sure this is what a shit-storm looks like."
"Shit-storm. Indeed," he said.
Sergeant Darrell Regner sat alone at the table in the lieutenant's office.
"You talked to the sheriff?" Jerrod asked after he closed the door and sat down across from him.
"Yep," Regner said. "Told him the whole -- true -- story. He watched the video tape. His reaction was exactly what we could expect. He wants someone's ass for this thing. I'm totally fucked."
"Not necessarily. You did the right thing by going to him. Maybe it won't be near as bad as you think it will."
"When that newspaper article comes out... I'm toast. Burnt to charcoal toast."
"Let's wait and see," Jerrod said.
"What are you now... some kind of fortune-teller?"
"Far from that -- or I'd have won the Lottery by now... or least be a little better poker player."
"'Wait and see," Regner scoffed. "Wait and see my career go down the toilet."
CHAPTER 105
Monday Afternoon -- Mesa County Superior Court
Judge Kohnke called the courtroom to order at one-thirty.
Preston Vinnick called only one witness -- a retired forensic pathologist -- who implied the blows struck to Hank Jones' head could have been made in as struggle for the torque wrench.
Lorena Delgado made the witness look like a fool under cross-examination.
"We have no further witnesses, Your Honor," Preston said. "The Defense rests it's case."
"Thank you, Mr. Vinnick," the judge said. He turned to Lorena. "Ms. Delgado, are you ready for your closing argument."
"Ready, Your Honor," she said as she rose and walked to the podium.
"Ladies and gentlemen of the jury..." she started a very concise and linear and stoic thirty-minute summary of The People's case against Nick Usher.
At the conclusion of her summary, she thanked the jury for their attention and said, "You have now heard all the evidence and I am certain after you retire to deliberate -- you will come back with verdicts of 'guilty' on all counts."
"Mr. Vinnick," the judge said. "Are you prepared for your closing?"
"We are ready, Your Honor,"
Preston Vinnick buttoned his dark suit coat as he walked to the podium without a note pad. He paused, and took in a large breath, before beginning a twenty-minute articulate and impassioned and emotional plea to the jury.
He looked each juror in the eye as he picked apart the prosecution's case and attempted to convince the jury Nick Usher had not gone to Hank Jones' trailer to steal from him; had not intentionally killed him; had only taken the TV, VCR and, car as a frantic and absent-minded act; and had only fled the state so we wouldn't go to jail for the probation violation.
He pleaded with the jury to find Nick Usher 'not-guilty' of murder and all the secondary charges.
"Rebuttal, Ms. Delgado," the judge asked.
Since the prosecution has the burden of proof in criminal cases, "rebuttal" was the last chance to talk to the jury and counter the defense's closing.
Lorena spent five minutes reminding the jury about the evidence and again asking them to return guilty verdicts.
The lawyers were done.
The judge read a series of agreed-upon instructions to the jury. They included the definitions of first and second degree murder, manslaughter, the felony-murder rule, burglary, auto theft, self-defense, and the juror's duties while deliberating.
Judge Kohnke directed the bailiff to escort the jury to a private deliberation room and they filed out of the court
room with the uniformed deputy.
"Now we wait," Lorena Delgado whispered to Jerrod as she gathered her notes.
"Now we wait," he repeated.
Preston Vinnick walked over to Lorena.
"Good lawyering, Counselor," he said as he shook her hand.
"You gave your heart out there, Preston," she said.
"Thank you. We'll see."
While the lawyers talked quietly, Jerrod looked over at Nick Usher and gave him a subtle wave. Nick brought his palms up and shrugged his shoulders. Jerrod nodded back. Nick's wrists and ankles were shackled by a bailiff and he was escorted out of the courtroom to await his fate.
CHAPTER 106
Tuesday Morning Meeting
Sergeant Darrell Regner was sullen as he started the meeting. "The lieutenant will be back in the office today, meeting with Sheriff Osborn."
"If you don't mind me asking, Sergeant?" "Beach" Sutton asked. "What the fuck is going on down here?"
Jerrod Gold glanced across the table at Linda Westphal. She mouthed the words: "Shit-Storm."
"There's a... situation," Regner said, "being worked out. I'm sure the details will emerge at some point."
"That's pretty vague," Beach countered.
Jerrod looked at Beach and shook his head. Beach nodded back and didn't continue his line of questioning.
"The jury went out on the first Nick Usher trial yesterday," Jerrod said to change the subject. "Poor Nick got an absolute beat-down on the stand by Lorena Delgado. I'm pretty sure he couldn't even remember his own middle name when she was done with him."
Jerrod looked around the room. Ted Lindsey. Shroom. Jeff Moreno. Calvin Yee. Beach. Nate. Zippy. Romero Diaz. And Linda. "Thank you, everyone, who was involved on that case. The jury gets the final word on Nick's fate, but we all did our part."
Jerrod looked at Brent Rozman's empty seat. "You too, pal," he thought to himself.
Tuesday Afternoon
"The jury's reached a verdict," Lorena said when Jerrod answered his desk phone. "We're reconvening at three o'clock."
"Meet you there," Jerrod said.
* * *
Judge Kohnke called the courtroom into order. "The jury is present, the defendant and counsel are present. We'll go back on the record in the matter of The People of the State of California versus Nicholas Joseph Usher."
Jerrod heard Lorena take a deep breath. He glanced into the gallery and saw Billy Jones and Jordan Jones seated in the front row. Inspector Stan Walsh sat with them. Dolores Heikki, Nick Usher's former girlfriend, sat in the very back row.
"I understand the jury has reached a verdict on all counts," the judge said. "Is that the case, Madam Foreperson."
"Yes... sir... Honor," said the nervous middle-aged woman selected by the other jurors as their leader.
"Will you please hand the verdict forms to the bailiff," the judge directed.
Four bailiffs had been assigned to the courtroom. Two sat directly behind Nick Usher.
A bailiff collected the multi-page verdict form, folded them in half without peeking, and walked them to the judge. Judge Kohnke studied the form and gave no hint as to the verdicts from his facial expressions.
"The form is in order," the judge said. "The court clerk will read the verdicts." He handed the forms to the clerk. "Will the defendant and counsel please rise," he directed.
Nick Usher and Preston Vinnick stood.
"Count One," the clerk read. "California Penal Code Section 187 -- Murder in the First Degree..."
Jerrod wiped his sweating hands on his pants.
"'Guilty.'"
Lorena showed no emotion. Jerrod glanced left and saw Preston Vinnick subtly nod. Nick Usher hung his head.
The clerk continued, "Count Two: California Penal Code 459 -- Burglary of an Inhabited Dwelling. 'Guilty.' Count Three: California Vehicle Code 10851 -- Auto Theft. 'Guilty.'"
Judge Kohnke thanked the jury for their service and excused them. He set a date for sentencing and court was dismissed.
Nick Usher, head still down and silent, was shackled and escorted away by two bailiffs.
Preston Vinnick packed his pad into his leather case. He looked at Lorena and Jerrod. "Until we do this again," he said as he turned to walk down the aisle and out of the courtroom.
Billy and Jordan Jones walked to the swinging gate and shook Lorena's hand.
"How long will Nick be in prison?" Billy asked.
"First degree murder has a mandatory sentence -- twenty-five years to life," she answered. "The lessor charges will be served concurrently... that is... at the same time."
Jordan, with stubble of dark hair sprouting from his head and eyebrows, waved to Jerrod. Jerrod gave him a thumbs-up.
Jerrod made eye contact with Dolores Heikki as she left the courtroom. She turned away without acknowledging him.
Stan walked over to Jerrod. "One down and one to go. Nice work."
"You too. I just wish Brent was here to see the verdict." Jerrod said as he felt his emotions building and looked away.
Stan moved closer and whispered: "I'm pretty sure he was here."
CHAPTER 107
"Well?" Linda Westphal asked as Jerrod walked by her desk.
"Guilty, guilty and... guilty."
"Fantastic. Congrats. I'll make a note in the file."
"Thank you for everything, Linda. You made this happen too."
"I'm just 'support staff,' remember."
Like Eric Blanchard told me the first day here -- you're 'the hub of the wheel.' And don't you forget that."
She smiled. "Thanks."
Hand shakes and high-fives were exchanged as detectives emerged from their offices and congratulations were shared.
"Nice work, everyone," Jerrod said
Darrell Regner stood in the doorway of the Person's Crimes office. "Sergeant Gold."
Everyone hushed and looked at Regner.
"See you privately?"
Regner closed the door behind him as Jerrod sat down at Calvin Yee's desk.
"Congrats on the conviction," Regner said.
"Thanks."
"Sullivan's back. He's been in meetings all afternoon."
"And?" Jerrod asked.
"It doesn't look good for him."
"Sorry to hear that."
"No, you're not."
"How about you? Jerrod asked. "What happens now?"
"I don't have a clue. Jury's out on my verdict too. Let's just say I'm not making any significant personal plans or large purchases right away."
CHAPTER 108
Tuesday Evening
Jerrod worked past six o'clock to catch up on some of the property crimes he had assigned himself and to write the closing report on the Marian "Hank" Jones homicide case.
As he started to leave the otherwise deserted Investigations Division, he noticed the door to the lieutenant's office open and heard some noise inside.
"Go home, Reg--," he said until he saw Mitchell Sullivan standing to the side of his desk loading items into a banker's box.
"Lieutenant... uh... sorry... thought it was Regner."
"Sergeant Gold," he said. "Please come in."
"I was just heading home, sir."
"Come in and have a seat."
The lieutenant stood along his desk as Jerrod took his usual chair.
"I understand there was a conviction today on the Jones homicide. Congratulations."
"Thank you, sir." Jerrod looked at the box. "Why are you packing?"
"Kind of a personal question, but it will come out soon enough."
"What's that?"
"I am being reassigned. Actually, demoted and reassigned... to the jail. I will not be here tomorrow."
"I'm sorry to hear that, sir."
"Don't give me that."
"What do you mean?"
"You know exactly what I mean. You have resisted everything I have tried to do down here. You went out of your way to countermand me. And it looks like you got your way... this time."
&n
bsp; "When's your demotion effective, sir?"
"Immediately. It was effective today. Why?"
"Well then, Mitch," Jerrod said. "Me and you are the same rank now."
The former-lieutenant's face twisted as Jerrod's words sunk in. The lion had lost his roar.
"I fully admit it," Jerrod said. "I did resist what you tried to do here. But at the same time, Brent and I did everything we could to keep this Division running -- in spite of you."
Mitchell Sullivan's shoulders slumped. He placed his palms on the table and thought for a moment before sitting down.
"Look, sir," Jerrod said. "I think you had good intentions when you came down here."
"What do my 'intentions' have to do with anything?" Sullivan challenged.
"Can I assume safely you had visions of being a chief deputy... and maybe even sheriff someday."
Cross Examination Page 32
