Page 48 of The Best Lawyer
“Was there anything else in your investigation that you felt rose to the level of probable cause to arrest the defendant?”
“Oh, for sure,” she said. “Statements were taken from the Loomises’ next-door neighbors, Christine and Jarred Wemyss. Mrs. Wemyss heard shouting the night …”
“Objection,” I said. “The detective cannot be permitted to provide hearsay testimony. It’s improper for her to testify about what any witness told her for the truth of the matter asserted.”
“Your Honor, I asked the detective in a specific context. What factors went into her formation of probable cause to issue an arrest warrant.”
“The objection is sustained,” Castor said. “She can talk about the factors she relied on. She can’t repeat what a witness told her.”
“Fine,” Quick said, clearly annoyed. “Besides the eyewitness testimony of Jenna Rodney, the positive DNA, fingerprint and blood analysis connecting the defendant to the murder weapon, information from Mr. Loomis’s attorney, the lack of evidence of a burglary or forced entry or that anyone besides Katy and Tom Loomis were in the house that morning, what other facts did you rely on to support probable cause to arrest Katy Loomis for the murder of her husband?”
Judge Castor gave Addison a withering look. He was trying both our patience.
“Statements I took from the victim’s and accused’s neighbors were of a nature that shed strong suspicion against the accused.”
“Thank you,” Quick said. “I have no further questions for Detective DePaul.”
“Cass, you have to …”
I shot her a hard look. Katy had raised her voice to a level everyone in the courtroom could hear.
“Ms. Leary?” Castor almost shouted. “Do you think you can conduct your cross-examination before five o’clock today?”
“Absolutely, Your Honor.” I stepped up to the lectern.
Chapter 18
“Detective,”I started. “You believe you did a thorough job investigating Tom Loomis’s murder, don’t you?”
“Of course.”
“But by the afternoon of March 14th, you had no doubt in your mind that Katy Loomis perpetrated this crime, isn’t that right?”
“I don’t necessarily think in those terms. I believed then, and still believe, that I had probable cause to arrest Katy Loomis for the murder of her husband.”
“I just want to be absolutely clear on the investigative steps you took,” I said. “You arrived on scene. You assessed the scene. Looked for signs of forced entry. Called for the ME and the crime scene analysts. You spoke with Jenna Rodney and a couple of the neighbors. You spoke with Joe Leary, Katy’s ex-husband.”
“And your brother,” she interjected.
“I haven’t asked you a question yet,” I said.
“Your Honor,” Addison rose. “I believe defense counsel just admitted she’s making speeches. That’s inappropriate at this stage.”
“All I am doing, which is within my rights and duty, is establishing the scope of the detective’s investigation. If I could be allowed to finish my question, I would very much appreciate it.”
“Please get to it,” Judge Castor said.
“You reviewed the scene, you spoke to three neighbors, Joe Leary, Jenna Rodney, and Tom Loomis’s lawyer, correct?”
“As stated in my report, yes,” she said.
“Okay. I just wanted to make sure. There was no one you left out of your report? No other witnesses you interviewed?”
“Are you accusing me of doctoring my own report?” she snapped. Her reaction surprised me. A second later, I could see it surprised Sharon DePaul as well. It was a misstep a seasoned detective like her shouldn’t have made.
“I’m doing no such thing,” I said. “Let me frame my question another way. You didn’t speak to anyone from Tom Loomis’s work, did you? You didn’t interview his news director, his coworkers, right?”
“There was no need,” she said. “There was no evidence suggesting anyone else was involved.”
