by Doris Miller
It is three and a half weeks later now. Dana's court date arrives. She appears in court with her criminal lawyers George Hanson and Walter Stevens, which her grandparents Gracy and Mike have hired for her again. Dana's family and friends are all outside in the hallway of the court building. They are all nervous and tense. David, Gracy and Marie hold on to an upset Christine. They then lead Christine inside the courtroom followed by Christine's other family members. David's family walks into the courtroom, followed by the rest of his family and Dana's friends. Everyone goes to take a seat. Dana's entire family and relatives are all inside the courtroom, including her parents, both sets of grandparents, aunts, uncles, brothers, sisters, her many cousins, including Diane D. Tony is also inside the courtroom as he sits with Michael, Joseph and Teresa.
The court starts to begin. Prosecutor Pete Daniels, a dark-haired white male, with a receded hairline around his late 40's, puts Raymond on the witness stand. After the sworn, Pete Daniels says to Raymond, "State your name please."
"Raymond Williams."
"Now Mr. Williams, how long had you and the victim Kathy Lupont been together? How long had you two been seeing each other?"
"We'd been together for around seven or eight years."
"Now Mr. Williams, when your girlfriend Kathy Lupont was
alive, were you aware of her having some kind of problem with Miss Dana Brown?"
"Yes."
"What kind of problem did your girlfriend Kathy Lupont have with Miss Dana Brown?"
"Kathy claimed that she had spotted Dana following her a couple of times."
"Oh yeah? Did Kathy knew why Miss Dana Brown was following her?"
"Yes."
"What did Kathy think that Miss Dana Brown was following her for?"
"Kathy thought that Dana was following her out of retaliation."
"Retaliation? What kind of retaliation?"
"Well over two years ago, Kathy and her friends had beaten up on Missy, who is Dana's sister."
"Oh yeah? Why was your girlfriend Kathy and her buddies beating up on Missy, Dana's sister?"
"Well Missy and I work together at an elementary school. We worked at the elementary school for years and we became very good friends. Kathy didn't like the idea of Missy and I being good friends. She was very jealous. She never liked the idea of Missy and I being so close that she came up to the school and verbally attacked Missy a few times. She accused Missy of seeing me. Missy told Kathy that there was nothing going on between herself and I, but Kathy refused to believe it. Then one afternoon, Kathy and three of her friends came after Missy when Missy had left the school. They beat and ganged up on Missy! Missy went home crying and bleeding! That's when her sister Dana came after Kathy and Kathy's buddies with a baseball bat! One of Kathy's buddies died from the fight! Then Dana was sent to prison for around two years! Dana came out of prison! When Dana came out of prison, that's when Kathy spotted Dana following her!"
"So when the victim Kathy spotted Dana following her, that's when the victim Kathy started to fear for her life, right?"
"Yes."
"She feared so much for her life, that she went to court to get an order of protection against Miss Dana Brown, right?"
"Right."
"And she feared so much for her life, that she carried a gun!"
Dana, her family and friends become shock and stunned hearing this as Pete Daniels continues, "Do you know anything about a gun Mr. Williams?"
"A gun? What gun?"
"A gun had been found on the victim's body! A loaded gun!"
Dana, her family and friends remain shocked as Pete Daniels continues, "Do you know anything about the gun, or did you knew that your girlfriend Kathy was armed with a gun? Especially a loaded gun?"
Raymond does not want to jeopardize himself by telling the courts that it was he himself who had gotten the gun for Kathy. He does not even want Missy, Dana or anyone else in their family to know that it was him who had gotten the gun intended for Dana! He fears that they might somehow become hurt and angry and that Dana might somehow retaliate, so he lies and says, "No! I don't know anything about a gun! I didn't know that Kathy had a gun!" Dana and her lawyers look on at Raymond as Raymond continues, "I knew that Kathy had feared for her life! I knew that Kathy had felt that her life was in danger, but I was not aware of her arming herself with a gun!"
"No?"
"No!"
Pete Daniels finishes questioning Raymond and tells him, "Okay Mr. Williams you may step down."
Raymond gets up from the chair and steps down from the witness stand. He goes to take a seat. As Raymond sits there in tears, he now realizes that the gun still did not save Kathy.
Pete Daniels then calls for an older gray-haired white male to take the stand. After the sworn, Pete Daniels says, "State your name please."
"Rolen Green."
"Now Mr. Green? You work in the same building that Kathy Lupont lived in before she died, right?"
"Right."
"You're the building superintendent, right?"
"That's right."
"Now Mr. Green, didn't you say that just a couple of nights before the victim Kathy Lupont was found murdered, that one of the tenants who lives in the building that you work in, came up to you and complained to you, that there was a suspicious character standing right outside the front entrance of the building, trying to get inside?"
"Yes that's true."
"And who was this tenant that came up to you and complained to you about the suspicious character that was standing outside of the building?"
"The tenant was a woman named Phyllis Meyers."
"Phyllis Meyers, huh?"
"Yes."
"Can you point out this Phyllis Meyers please?"
"Yes. She's the woman sitting right there," as he points to a middle aged woman with a very fair complexion.
Pete Daniels approaches Phyllis Meyers and asks Rolen, "And you say that this woman right here, Phyllis Meyers, is the one who came up to you and complained to you, that there was a suspicious character standing right outside the front entrance of the building, trying to get inside?"
"That's right."
"Now Mr. Green, where were you at the time Phyllis Meyers came up to you and approached you?"
"I was coming out of the boiler room at the time Phyllis Meyers came up to me and approached me."
"And why were you in the boiler room Mr. Green?"
"Because the tenants had called me that night and complained to me that they didn't have any hot water in the building! So I had to go to the boiler room to fix the boiler!"
"What time of the day or night was it when you went to the boiler room and Phyllis Meyers came up to you and approached you?"
"It was around 1:30, late at night."
"1:30 late at night, huh? And 1:30 or 2:00 late at night is around the same time of night that the police think Kathy Lupont was stabbed to death, which happened exactly two nights later! Now Mr. Green, what were Phyllis Meyers' exact words when she had come up to you and complained to you about the suspicious character standing outside the building that night? What kind of description did Phyllis Meyers give you about the suspicious character?"
"Well, when I was coming out of the boiler room late that night, I saw Phyllis Meyers. She had come and ran up to me! She seemed very scared of something! I asked her what's wrong! She said that there is a suspicious person standing right outside the front entrance of the building, trying to get inside! Phyllis said that the person was kind of big and husky! She said that the person was dressed all in black. She said that they were wearing a long black jacket, a black hat all the way down to their eyes, almost covering their eyes, a black scarf covering the bottom of their face and mouth, dark sunglasses, a pair of black gloves, black pants and thick black shoes! Phyllis said that when she was in the lobby getting her mail out of the mail box, she said that she heard someone knocking and banging on the glass door behind her. Phyllis said that when she turned around to look, that's when she saw the susp
icious person, banging outside on the glass door, asking her to let them inside the building! Phyllis said that she came almost near the door, trying to find out what the person wanted. Phyllis said that the person told her right through the glass door that they had to visit a very sick elderly relative who lives in the building. Phyllis said that she had her doubts, so she didn't let the person inside the building. Phyllis said that she had got so scared of the suspicious character that she ran out of the lobby! Then she ran down the corridor! That's when she saw me coming out of the boiler room and ran up to me! That's when she told me about the suspicious character! When I came to the front lobby to see and investigate, I didn't see anyone outside the door or the building!"
"You didn't?"
"No."
"And you said that this all happened just a couple of nights before the victim Kathy Lupont was found murdered?"
"Yeah that's right."
"Thank you Mr. Green. You may step down now."
Rolen gets up from the chair and steps down from the witness stand. He goes to take a seat. Pete Daniels then calls for Phyllis Meyers to take the stand. Phyllis Meyers, who lives in Kathy's building, goes to take the stand. After the sworn, Pete Daniels says to Phyllis, "State your name please."
"Phyllis Meyers."
"Now Miss Meyers, I understand that you work in a hospital, right?"
"Yes I do."
"And I understand that you work the evening and night shift at your job, right?"
"Yes I do."
"Which means that you come home late at night, right?"
"Yes that's true."
"Now Miss Meyers, is it true that around 1:30 late one night, you were in the lobby of your building, getting your mail out of the mail box after you had gotten off of work?"
"Yes, that's true."
"And what did you see or hear when you were in the lobby of your building that night? What did you see or hear as you were getting your mail out of the mail box?"
"As I was coming home from work, I got out of the cab and went to my building. I unlocked the front door and went inside the building. Then the front door closed behind me. Before I go upstairs to my apartment, I usually stop by the mail box to get my mail. As I was getting my mail out of the mail box, I heard someone knocking on the glass door behind me. I turned around to look. That's when I saw a suspicious character dressed all in black! They were wearing a long black jacket, a black hat all the way down to their eyes, almost covering their eyes, a black scarf covering the bottom of their face and mouth, dark sunglasses, a pair of black gloves, black pants and thick black shoes! They were knocking on the glass door! I almost came near the door! I was trying to find out what that person wanted! The person told me in a very low voice that they had to hurry and get into the building to see and visit a very sick elderly relative that lives in the building! The person told me that they didn't have a key to get into the building, so they asked me could I open the door and let them inside the building! Then I asked the person, well why don't they just call their sick elderly relative on the intercom! The person told me that their sick elderly relative was very hard of hearing, and that their sick elderly relative won't be able to hear the intercom! The person told me that every time they call their sick elderly relative on the intercom, their sick elderly relative never answers it! The person told me that they usually have to wait for someone else to come by and let them inside the building, that's how they usually get in! So the person asked me again, could I open the door and let them in! I hesitated! I didn't know what to do! I just stood there frozen! Then the person just looked right at me through the glass door and through those dark sunglasses! They didn't say anything else, they just kept staring right at me, like they were desperately waiting for me to open the door! I became more scared! That's when I decided to turn the other way and run! I ran all the way near the end of the building! That's when I saw Rolen Green coming out of the boiler room! I ran up to him! He asked me what's wrong! That's when I told him that there was a suspicious character standing right outside the front entrance of the building, trying to get inside! So Rolen walked to the lobby! I followed him! When we reached the lobby and looked towards the front entrance, the person was gone! We decided to call the police! After a while, the police arrived! They came to investigate! They looked all around the area, inside and outside the building, but couldn't find anybody!"
"And you say that this all happened just a couple of nights before the victim Kathy Lupont was found murdered in the stairwell?"
"That's right!"
"Now Miss Meyers, would you recognize this suspicious person if you were to see them again?"
"I don't know! Like I said, the person was wearing a long black jacket and a black hat! They were wearing the black hat all the way down to their eyes and they were wearing very dark sunglasses! They were also wearing a black scarf around the bottom of their face and mouth! I couldn't really see the person's face!"
"No?"
"No!"
"Miss Meyers, do you know whether this suspicious person that was standing right outside the front entrance of your building that night was a man, or a woman?"
"I don't know!"
"You don't know?"
"No!"
"Well describe the clothes that the person was wearing, the long black jacket, the black hat, the black scarf around their face, the black gloves, the black pants and the thick black shoes! Were those masculine clothes or feminine clothes?"
"All the clothes looked very masculine to me! Especially the long black jacket, the black pants and the thick black shoes! Those looked like masculine clothes that the person was wearing!"
"It did?"
"Yes."
"Okay Miss Meyers, what size was this suspicious character when you spotted them at the front entrance of your building? Was this suspicious character a small person or a large person? Were they tall or were they short? Were they heavy or were they thin?"
"Oh the person looked sort of big to me!"
"They looked big?"
"Yes! Sort of big and husky! They looked pretty strong!"
"They looked strong?"
"Yes!"
"I bet they looked strong enough to break down the door, huh?"
"OBJECTION!" George Hanson shouts.
"Okay Miss Meyers," Pete Daniels continues. "Now, you said that this suspicious character actually spoke to you through the glass door! You said that the person told you that they had to hurry and get into the building to see and visit a very sick elderly relative that lives in the building! You said that the person told you that they didn't have a key to get into the building, so they asked you to open the door and let them inside the building! You also said that the person told you that their sick elderly relative was hard of hearing and that their sick elderly relative won't be able to hear the intercom! So the person asked you again could you open the door and let them inside the building! That means that you actually heard the person's voice, right?"
"Right!"
"Well describe the person's voice to me! When you heard the person's voice, was it a man's voice or a woman's voice?"
"I'm not sure! Like I said, the person spoke to me in a very low voice, sort of like a hoarse whisper! I couldn't really tell whether the person's voice was a man's or a woman's!"
Pete Daniels then walks right over to Dana. He points his hand to Dana and asks, "Miss Meyers, is this person right here the suspicious character you saw standing right outside the front entrance of your building that night?"
"OBJECTION!" Walter Stevens shouts.
Pete Daniels continues, "Is this person right here the suspicious character you said spoke to you through the glass door that night, asking you to let them inside the building?"
"OBJECTION!" Walter Stevens shouts again as a puzzled Phyllis looks at Dana.
Dana firmly sits there between her lawyers and looks right back at Phyllis! Phyllis nervously says, "I don't know, I'm not sure! Like I said, I didn't see the person's face! I c
ouldn't see the person's face because their entire face was almost covered up!"
"Okay Miss Meyers," Pete Daniels says. "You may step down."
Phyllis Meyers gets up from the chair and steps down from the witness stand. She then goes to take a seat.
After Phyllis Meyers takes a seat, Pete Daniels surprises everybody by calling for Tony to take the stand! Dana, her family and her friends are all stunned as Tony is called to take the stand! Tony stunned gets up from his seat. Everyone looks on as Tony goes to take the stand. After the sworn, Pete Daniels says, "State your name please."
"Anthony Mitchell."
"Okay Mr. Mitchell. Now I understand that Dana Brown is your girlfriend, right?"
"That's correct."
"And she's been your girlfriend for a many number of years, since High School right?"
"That's right."
"Now Mr. Mitchell, do you and Miss Dana Brown live together?"
"Yes we do."
"And how long have you and Miss Dana Brown lived together?"
"For around six or seven years."
"So you two have lived together up to the time and night of Kathy Lupont's murder, right?"
"That's right."
"Now Mr. Mitchell, where were you the night of Kathy Lupont's murder?"
"I was at home in the bed."
"And where was your girlfriend Dana at the time and night of the murder?"
"Dana was at home in the bed also. She was sleeping."
"From what time did you first saw your girlfriend Dana at home?"
"When I first came home from work."
"What time was that?"
"Around 6:00 in the evening."
"And what was your girlfriend Dana doing when you first came home from work? What was she doing when you first walked into your apartment?"
"She was in the kitchen cooking."
"After you saw your girlfriend Dana in the kitchen that evening of the murder, where was she the whole entire night into the next morning?"
"She was in the bed sleeping."
"Was Dana in the bed sleeping the whole entire night into the next morning?"
"Yes she was."
"How do you know that?"
"I Was there."
"I know you were there, but were you asleep yourself the whole entire night, or were you awake?"
"I was drifting in and out of sleep. I kept waking up back and forth all night."
"And why was that?"
"I had a slight headache that night! I couldn't sleep too well."
"Okay Mr. Mitchell, how often did you keep waking up back and forth all night?"
"Almost around every fifteen minutes I guess."
"Now Mr. Mitchell, the times you kept waking up back and forth all night, did you see your girlfriend Dana right there in the bed with you each and every time you woke up?"
"Yes I did."
"What was she doing?"
"She was sleeping. She never woke up until around 6:00 the next morning."
"Are you sure?"
"Yes I'm sure."
"And to what time did you last saw your girlfriend Dana at home the night or morning of the murder?"
"I last saw Dana at home around 8:00 that same morning. That's when she left the apartment to go to work."
"So your girlfriend Dana first walked out of the apartment around 8:00 the next morning of the murder?"
"Yes. That's the time she usually leaves when she goes to work."
"Okay Mr. Mitchell, you may step down."
Tony gets up from the chair and steps down from the witness stand. He then goes to take a seat.
Pete Daniels then calls for Dana to take the stand. Dana gets up from her seat. She goes to take the witness stand. Her family and friends all look on. After the sworn, Pete Daniels says, "State your name please."
"Dana Brown."
"Now Miss Brown, have you ever been near or around the victim Kathy Lupont's home or apartment building?"
Dana hesitates. Then she firmly says, "I don't know whether I had been there or not."
"Well the victim claimed to have spotted you there at one time following her! You do not live anywhere near the victim! What were you doing near or around the victim's area?"
"I don't remember being in that area."
"Well have you ever been near or around the victim's boyfriend's home or apartment building? The victim's boyfriend right here, Raymond," Pete Daniels says as he points his hand towards Raymond. "Have you ever been near his home?"
"I don't know whether I had been there or not!"
"The victim had spotted you there also at one time following her! The victim claimed to have spotted you walking and standing a block away from her, looking at her as she was getting off a city bus, which is near where her boyfriend Raymond lives! Were you walking and standing a block away from the bus stop, watching the victim?"
"I don't remember!"
"Being that the victim had spotted you following her twice in the past, the victim felt that she was being stalked! The victim had feared for her life! She had feared so much for her life that she had to wind up getting a restraining order against you! Have you ever been inside the victim's apartment building, and if you did, how did you get access inside the building?"
"I don't remember being in any apartment building around that time, other than my own!"
"You don't remember?"
"I don't remember!"
Pete Daniels frustratingly lets out a sigh! He firmly puts his hands on his hips as he frustratingly shouts, "THE VICTIM CLAIMED TO HAVE SPOTTED YOU FOLLOWING HER AND STALKING HER TWICE! ONE TIME NEAR HER PLACE, ANOTHER TIME NEAR HER BOYFRIEND RAYMOND'S PLACE! THE VICTIM CLAIMED TO HAVE RECOGNIZED YOUR FACE WHILE YOU WERE WALKING AND STANDING ON THE NEXT BLOCK, LOOKING AT HER, WATCHING HER AS SHE WAS GETTING OFF A CITY BUS, WHICH IS NEAR WHERE HER BOYFRIEND RAYMOND LIVES! THE VICTIM HAD DESCRIBED THE DARK BROWN LEATHER JACKET THAT YOU WERE WEARING THAT DAY, DO YOU REMEMBER THAT PART?"
Dana does not respond to that statement. She just sits there staring at Pete Daniels. Then she looks straight ahead towards the back of the courtroom, not saying a word. Her family and friends nervously look on.
Pete Daniels angrily shouts, "I ASKED DO YOU REMEMBER THAT PART?"
Dana still does not respond. She continues to sit there looking straight ahead towards the back of the courtroom. Pete Daniels frustratingly shouts, "WELL WHAT
