Brent Marks Legal Thriller Series: Box Set One - Brent Marks Legal Thriller Series: Box Set One Part 63
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Brent Marks Legal Thriller Series: Box Set One Part 63

When Brent got back to the bench, Nancy asked, "What was all that about?"

"He wants to get in before and after life and death photographs." Nancy grimaced.

As expected, Chernow identified the witness as Barbara Densmore's sister, and his one question was, "Ms. Bensley, I am showing you a photograph marked as Exhibit 1," said Chernow, panning the jury with the photograph as he approached the witness stand. "Can you identify this as a photograph of your sister, Barbara Densmore?"

"Yes, that's Barbara," said Bensley, putting a tissue to her eye and wiping out a tear.

All eyes of the jury were on the sister, and all 28 of them looked sad.

"Move Exhibit 1 into evidence, Your Honor."

"Objection, Your Honor, cumulative. Identity has already been established." It was a bad objection, given the last ruling, and Chernow was visibly upset. But, before he could speak, the judge ruled.

"Overruled, Mr. Marks."

Chernow next called the police photographer, so he could get in his dead photographs of Densmore.

"Objection, Your Honor, cumulative and prejudicial."

"Counsel approach," said the Judge.

"Your Honor, this is a death by poisoning case," argued Brent. "There are no injuries that can be shown from these photographs and their only purpose is to play the heartstrings of the jury. Their prejudicial effect outweighs any probative value."

"Mr. Chernow?"

"The photographs show the death of the victim, Your Honor."

"We will stipulate that she is deceased, Your Honor," said Brent.

"Your Honor, I must protest the constant petty objections of Mr. Marks. I should be able to present my case without him objecting to every question."

"With all due respect, Your Honor, it's not every question. And the defense has the right to object to anything we feel is improper."

"I will allow one photograph, and we're going to pick the least gruesome one," said Curtis, fanning them out like a deck of cards.

"This one. Agreed?" he asked, pointing to one of the photographs.

Chernow put the photographer on the stand, introduced the photograph, and it was allowed into evidence as People's Exhibit No. 2.

"Mr. Chernow, you may call your next witness.

"Thank you, Your Honor. I call Frances Templeton."

"Ms. Templeton, please stand in the witness box, face the clerk and be sworn," said the Judge.

Templeton walked up to the witness box, her eyes flashed to the Judge and then to the jury, and then she raised a semi-shaky right hand as instructed by the Clerk, took the oath, and then her seat.

"Ms. Templeton, you are the current president of the Orange Grove Homeowners Association, is that correct?"

"Yes, I am."

"And you became president of the Association upon the death of the victim, Barbara Densmore, is that correct?"

Templeton looked like a baby whose mother was force feeding her.

"Yes. I was the vice president before Barbara died."

"Ms. Templeton, did Mrs. Haskins fall behind in her homeowners association assessments last year?"

"Objection! Irrelevant!" Brent called out.

"Your Honor, It's foundational. I will connect it up," said Chernow, flashing a glare at Brent.

"Overruled."

Templeton testified that Nancy had fallen behind in her HOA assessments, and that the Association had initiated foreclosure on her home. Then came the real motive for murder.

"When Ms. Densmore was alive, did you witness any hostilities between the defendant, Mrs. Haskins and Ms. Densmore?"

"Well, yes I certainly did."

"Can you please describe these hostilities?"

"Well, Barbara was making her usual rounds, looking for violators of the Orange Grove regulations, and Haskins got into it with her."

"What do you mean by got into it?"

"Well, Barbara tried to give her a citation for an overgrown lawn and Haskins ran into her house, yelling, 'shove your ticket up your you know what,' and gave her the finger!"

"Move to strike as irrelevant, Your Honor."

"Mr. Chernow is establishing a foundation, Mr. Marks. I will allow it, subject to him connecting it up later," said Judge Curtis.

"Your Honor, if giving the finger is a motive for murder, then most everyone in this courtroom would be on trial," said Brent. A few people on the jury chuckled and smiled and there was laughter in the galley.

"Objection!" yelled Chernow. "Argumentative and improper!"

"The jury will disregard the question and Mr. Marks' comment," Judge Curtis said to the jury.

"Counsel, please approach the bench."

Brent knew the Judge was sharpening a hickory stick for him, and for just reason. He and Chernow approached the bench, out of earshot of the jury.

"Mr. Marks, I understand that it's difficult not to comment, but I allowed this evidence in as foundational and you know that your remark was not only argumentative, it was improper as well."

"Yes, Your Honor."

"Now please gentlemen, I've known you both for many years. You're both good lawyers. Don't compromise your ethics on this case."

Templeton then revealed that Nancy, on another occasion, told both her and Densmore that she wished them both dead. After a good deal more of irrelevant testimony, Brent was given the witness for cross examination.

"Ms. Templeton, you testified that foreclosure proceedings had been initiated on Mrs. Haskins' home by the HOA. Isn't it true that the very day before Ms. Densmore died the Court set aside those foreclosure proceedings?"

"Yes."

"So there were no more foreclosure proceedings on Mrs. Haskins' property at that point, is that correct?"

"Yes, but we were going to start them again."

"Move to strike after 'yes' Your Honor."

"Granted. Everything after 'yes' is stricken and the jury will disregard it."

"And when Mrs. Haskins 'gave the finger' to Ms. Densmore, that was about a year ago, wasn't it?"

"Well, yes, but..."

"Move to strike, Your Honor."

"Motion granted. The jury will disregard everything after 'yes'."

"And when she made the comment that she wished you were dead, it was even more than a year ago, isn't that correct?"

"Yes, it was."

"And in that one year period, you never heard about any other 'incident' between Ms. Densmore and Mrs. Haskins, isn't that correct?"

"That is correct," Templeton answered, reluctantly.

"In fact, besides the words you heard over a year ago, you're not aware of Mrs. Haskins ever taking any action to threaten the life of Ms. Densmore, are you?"

Frances frowned in frustration and said, "No, I suppose not."

"Move to strike as non-responsive and request that the witness be ordered to answer the question, Your Honor."

"The witness shall answer the question, if she can. It calls for a yes or no answer."

"No."

"Thank you, Ms. Templeton. You were at Barbara Densmore's home the night she died, weren't you?"

"Not before she died. After I heard about it, yes."

"And you got in using a key that Barbara had given you, is that correct?"

"Yes."

"You went there to go over the books and records of the Orange Grove Homeowners Association, is that correct?"

"To secure them."

"Ms. Templeton, it took you an awful long time to secure them, didn't it?"

"Objection, argumentative."

"Withdraw the question, Your Honor. You were at Ms. Densmore's home more than once that day, weren't you?"

"No, I was not."

Brent was drawing at straws, but maybe he could fish up some reasonable doubt for the jury by pointing to Templeton as a possible suspect. Templeton tightened her eyebrows and crossed her arms.

"Didn't you go there in the afternoon and come back at night because you forgot to get the books the first time you went over?"

"That's absurd."

"Answer the question please."

"No!"

"Didn't you go there the first time to clean up every trace of ricin?"

"No!"

"Objection, Your Honor," shouted Chernow.

"Sustained!" responded the Judge.

"And didn't you plant the ricin covered wrapping and flower food package in Mrs. Haskins' garage..."

"Your Honor!" objected Chernow.

"...which you accessed through the open side door?"

"No!" shouted Templeton.

"Objection sustained! Mr. Marks. The jury will disregard the last two questions and answers of this witness. Counsel, please approach."

After another good chewing out from the Judge, Brent said, "No further questions, Your Honor."

"Mr. Chernow?"

"No questions, Your Honor."

"Mr. Marks, do you anticipate calling Ms. Templeton during your case-in-chief?"

"I don't think so, Your Honor, but I don't want to close the door entirely, depending on what happens in Court."

"Do you have her under subpoena?"