Page 104 of The Best Lawyer
“Fine,” she said, displaying the level of frustration I would have. “Isn’t it true that as of this morning, all charges against you have been dropped in exchange for your testimony here today?”
“That doesn’t mean I’m lying!”
“Thank you,” Jeanie said. “I have no further questions.”
She was right to stop there. But it was ten o’clock in the morning. When Quick stood, he said the five words that would quickly cause me a strategic problem.
“Your Honor, the defense rests.”
“You may step down, Ms. Daughtry,” Judge Castro said. “All right. I’m going to give the jury a ten-minute recess to stretch their legs. Counsel, stay put. Let’s see if we can handle some housekeeping business and get this case to the jury by early afternoon.”
I looked behind me. It had only been a few minutes, but I had a glimmer of hope that Eric would walk in at that exact moment with the answers everyone needed.
But that didn’t happen.
A moment later, the jury was gone. “All right,” Castor said. “Let’s get our jury instructions under control.”
“Your Honor,” I said. “I’d like to file a motion to reopen the defense for the purpose of calling two, possibly three, remaining witnesses.”
Hell quietly broke loose. I could hear notes being scribbled behind me. Tallon Shipley, no doubt, along with three other members of the media.
I rose to my feet. “New evidence has come to light as of last night,” I said. “Evidence that could not have reasonably been discovered by the defense prior.”
“Who are your witnesses?” Judge Castor said.
“What evidence?” Quick spat.
I laid out my case. I had photographs of the loose brick and hidden key that Eric could authenticate. I asked for permission to recall Jenna Rodney for the limited purpose of questioning her about the key box.
“This is ludicrous,” Quick said as I knew he would. “The prejudice is clearly outweighed by any probative value. Counsel cannot prove that this so-called loose brick or key box ever contained anything. She admits she has no idea how long it’s been there. Is your client planning to testify that she knew about it?”
“My client is exercising her constitutional right not to testify,” I said. “And it isn’t the defense’s job to prove how long the key box was there. It was actually law enforcement’s job. I’d also like the right to recall Detective DePaul as well.”
“Let me get this straight,” Quick said. “She expects the court to grant permission so her boyfriend can take the stand and testify about how he justhappenedto find a hidden and empty key box near the crime scene at the literal eleventh hour. That’s about as self-serving as it gets.”
“And counsel is free to make that argument during his closing argument. The jury is free to weigh the credibility of former Detective Wray as they see fit. The fact remains: Sharon DePaul missed it. And I believe Jenna Rodney has relevant testimony directly pertaining to it.”
“Your Honor …”
“Enough out of both of you,” Castor said. “This feels like a stunt, Ms. Leary.”
“With due respect,” I said. “As I just stated, the state is free to make that argument to the jury as it sees fit. I’m not making this up. I was there when Eric found it. If you’d rather I take the stand and explain that, I certainly can.”
I heard the courtroom doors open behind me. I cast a quick glance over my shoulder. Still no Eric. But Deputy Jeff Steuben walked in with Jenna Rodney, looking utterly confused. I woke him out of my sister’s bed this morning.
“Is Mr. Wray ready to testify?” the judge asked.
“Your Honor, I have an objection on the record.”
“You do,” Castor said.
“Your Honor, if you’ll allow me to recall Jenna Rodney,” I said. “She’s already under oath. I’d like permission to continue to treat her as a hostile witness.”
“Fine,” he said. He instructed the bailiff to show the jury back in. “But your re-cross is confined to a limited scope, counsel. You can ask her about this key box. That’s it.”
“Thank you,” I said.
I took my position at the lectern. Jenna Rodney was shown to the witness box. Right now, nobody outside this courtroom but Eric knew about that metal box. Except, hopefully, the woman right in front of me.
