Brent Marks Legal Thriller Series: Box Set One - Brent Marks Legal Thriller Series: Box Set One Part 66
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Brent Marks Legal Thriller Series: Box Set One Part 66

"Who's that at the door?"

"It's Mr. Ruder, dear."

He pushed her aside, albeit gently.

"What do you want?"

Jack smiled, and popped the subpoena into his hand.

"See you in court," he said, and walked away.

That would be the easiest one. He had stocked up enough junk food to make sure that, as soon as he spotted Keith Michel, he would have his little gift too, and so would fat Felipe, who had just made bail on the assault charge.

Brent and Angela dined on fabulous buttered lobster tails with zucchini parmesan, accompanied by a fine chilled French Sancerre. Angela let Brent cheat a little and go through his emails and trial notebooks while she did the dishes and drew him a special bath.

After a delicious bath, Angela treated Brent to an unbelievable massage.

"Angie, I'm in heaven, baby, but I feel so selfish. What can I do for you?"

"Funny you should ask that," she said, as she dropped her bathrobe and slipped under the sheets. "Why don't you use your imagination?"

CHAPTER THIRTY-ONE.

The alarm bell on the phone struck like a hammer in Brent's head. He looked around. Angie wasn't there. Had it all been just a pleasant, crazy dream? Then he heard the shower running. She was already up. Time to face reality.

Chernow recalled the CDC witness, but it didn't do him any good. CDC's procedures had been followed carefully, as they were specially designed to guard against the release of contaminants that could be used in biological warfare or terrorism, but the loosely organized Laboratory Response Network turned out to be a way of passing the governmental buck, and its protocol did not comport with California's law on the chain of custody of evidence.

Chernow could not establish his chain of custody for the urine sample that had been tested positive for ricin, and it would never get to the jury. Brent, of course, was elated. But Chernow was ready to draw blood. He recalled Dr. Perez to the stand and emphasized that they had found an environmental sample of ricin in Orange Grove at Nancy's house, but they still could not explain the missing "puzzle pieces" of how no ricin was found in Barbara Densmore's home. Brent zeroed in on Perez for the kill.

"Dr. Perez, are you familiar with the term clinical chemistry?"

"Of course I am."

"Clinical chemistry is the process of analyzing bodily fluids, isn't that correct?"

"It is."

"Dr. Perez, is it true that the only way to clinically confirm a diagnosis of ricin poisoning is to test for the presence of ricin in the urine?"

"Clinical confirmation? Yes."

"And this test is only performed by the Centers for Disease Control?"

"Yes."

"So, you cannot clinically confirm, by the use of a test that was available to you, that the poison used on Mrs. Densmore was, in fact ricin, isn't that correct?"

Chernow said, "Objection, asked and answered," at the same time the doctor blurted out, "I know it was ricin."

"Move to strike, Your Honor, as non-responsive."

"Let me rule on the objection first. Yes, Mr. Chernow, it was asked and answered, but this is cross examination, so I will allow it," said Curtis. "The motion to strike is also granted, and the jury is instructed to disregard Dr. Perez' last answer. Dr. Perez, please answer the question."

"Could you repeat the question please?"

"Dr. Perez, you cannot clinically confirm, by the use of a test that was available to you, that the poison used on Mrs. Densmore was, in fact ricin, isn't that correct?"

Perez looked like he had just swallowed a piece of dog poop, but he had to respond, "Correct."

There were some gaping mouths in the jury box from that one. Nancy's eyes were bright, as she suppressed an expression of joy. Brent was making points. I'd better not go back into the courthouse bathroom after court in case Brad wants another skirmish in front of the urinals, he thought. The kill shot having been fired at Dr. Chernow, he returned to finish off his victim.

"And you tested the clothes that Barbara Densmore was wearing the day of her death for ricin, isn't that correct?"

"Yes, it is."

"That test was negative, correct?"

"Correct."

"No ricin?"

"No ricin."

Brent was sure that the jury had no doubt that the urine sample tested positive for ricin, but the judge instructed them that no urine test was in evidence, and that they could not consider the testimony about it. It was a good win for Brent, but not enough to win the case. You could be sure that the jury would be thinking about the positive urine test when they deliberated, whether or not they discussed it amongst themselves.

Chernow's next witness was Detective Tomassi, whom Brent knew he could not crack on cross examination, but that the man would, according to Jack, respond truthfully to a properly framed question. Chernow walked Tomassi through his assignment and work experience, and his discovery of the wrapping and flower food packet at Nancy's house. Brent scanned the juror's faces during the testimony. All seemed to be expressing their belief in Tomassi's veracity. Brent had to be clever with how to spin this.

"Detective Tomassi," Chernow asked, "Where did you find the cellophane wrapping, marked as People's Exhibit No. 12 and flower food packet, marked as People's Exhibit No. 13?"

"In the defendant's garage."

"Detective, why was the discovery of cellophane wrapping and flower food important to you?" asked Chernow.

"It was a material that is normally used to wrap flowers purchased or delivered from a flower store. We knew that a similar flower food had been found in a kitchen drawer at the victim's house, and we were looking for a powdery substance that could have easily been hidden in such a packet."

"Showing you what has been marked for identification as People's Exhibit 14, can you identify this as the flower food package found in the victim's home?"

"Yes."

"But you didn't find any flowers?"

"Correct."

"What did you do with the cellophane wrapping when you found it?"

"I placed it in a plastic evidence bag, booked it in as evidence, and delivered it to the forensic lab for fingerprint and toxicology analysis."

"And, subject to my witnesses being called on this matter, Your Honor, Detective, did you receive a report back from forensics?"

"Yes, I received a fingerprint analysis report and a toxicology report."

"Showing you what has been marked for identification as People's Exhibit numbers 15 and 16, can you identify these as the fingerprint and toxicology reports?"

"Yes."

"And what did you learn from these reports?"

"That the cellophane contained traces of ricin and that Barbara Densmore's fingerprints were on the wrapping."

Two of the women on the jury let out a surprised sigh. Chernow continued.

"Your Honor, I move that Exhibits 13 through 16 be admitted into evidence."

"Objection?"

"No objection as to 13 and 14, Your Honor, but I object to the reports Exhibits 15 and 16 for lack of foundation."

"Exhibits 13 and 14 are received. Mr. Chernow, you will need to authenticate the reports."

"Yes, Your Honor. No further questions."

"Mr. Marks?"

"Thank you, Your Honor. Detective Tomassi, isn't it true that the forensic team you described made a thorough search of Barbara Densmore's residence for evidence?"

"Yes, sir."

"And you specifically instructed them that you were looking for some type of poison, isn't that correct?"

"Yes, sir."

"And isn't it also correct that, all the interviews of witnesses that you have conducted indicated that Barbara was at home all day before being taken to the hospital in the ambulance?"

"That is correct, sir."

"So there is no doubt in your mind that she would have ingested the poison at her residence, isn't that correct?"

"Objection, calls for speculation," Chernow interjected.

"He can answer if he has an opinion," said the Judge. "Detective Tomassi, answer the question if you can."

"No, sir, there is no doubt in my mind that it occurred at her residence."

"Is it also true that, at her residence, your forensic team found no traces of ricin?"

"Yes, that is true."

"And they also found no traces of any poison of any kind, isn't that correct?"

"Yes, that is correct."

"You testified, Detective Tomassi that, as a result of a search of Mrs. Haskins' house that you did find cellophane wrapping in her garbage can with traces of ricin on it, is that correct?"

"Yes, that is correct."

"And this cellophane wrapping had no fingerprints on it besides the victim's, Barbara Densmore, isn't that correct?"

"That is correct."

"This means that, if anyone had wiped the cellophane clean, they would have done so only before Barbara Densmore handled it, isn't that correct?"

"Objection, calls for speculation," said Chernow.

"Sustained. The jury will disregard the question."

"You didn't find any flowers at Mrs. Haskins' residence, did you Detective?"

"No."

"And you found no evidence of any ricin or ricin manufacture at her home, did you?"

"Besides the flower wrapping and flower food, no."

"And you were careful not to handle the wrapping, putting it in an evidence bag and booking it as evidence because of your procedures in handling evidence, isn't that correct?"

"Yes, and because of the potentially dangerous toxins we were looking for."

"You follow these procedures to make sure there is no evidence tampering or contamination, isn't that correct?"

"Yes, that's correct."

"Isn't there a procedure to contain a crime scene as well?"

"Yes, there is."

"That's why we see on TV the police putting up yellow tape, right?"

Several members of the jury chuckled.