The Spring: A Legal Thriller - The Spring: A Legal Thriller Part 22
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The Spring: A Legal Thriller Part 22

"Objection," Dennis said. "Requires the witness to draw a conclusion that she's not professionally qualified to make."

"Offered for state of mind, not truth," Bond said.

The judge said, "You may answer, Deputy."

"I didn't think she was ranting or hallucinating," Queenie said. "Not at all. I thought she was penitent. I thought she was confessing to a double murder."

Dennis jumped to his feet. "Objection! I ask that the response be stricken and the jury so advised."

Judge Florian said, "We'll strike that from the record, and the jury will not take into account the witness's statement that she thought Mrs. Henderson was penitent and confessing to a double murder."

Or try not to, Dennis thought.

"Pass the witness," Ray Bond said, triumphant.

It is always a problem for a lawyer to cross-examine a sympathetic witness who is also a hostile witness. If you cross-examine harshly, jurors are offended. You are a bully. But if you treat the witness gently, in the jurors' minds that translates into a sense that you trust her. Moreover, if you are gentle, you might never budge the witness from the rock of accusation to which she has anchored herself.

Dennis rose to his feet. "Good morning, Deputy O'Hare."

"Good morning," Queenie said cordially.

"You and I are acquainted with each other, isn't that so?"

"Yes."

"And outside of this court we're on a first-name basis, isn't that also true?"

"Yes, it is."

"But this is such a serious occasion that I'm forced to be formal-in the sense that I'm going to call you Deputy O'Hare. Will you be offended if I do that?"

"Not at all."

Some of the jurors smiled. Such a nice young woman. Such a pleasant man, even if he'd been rude to Mr. Bond.

"And of course, out of fairness to my client, I'll have to treat you like any other witness."

"Yes, of course," Queenie said, before Ray Bond could object. Object he did, though, hard on the heels of Queenie's response.

"Your Honor," he asked, "do we have to listen to this kind of banter?"

Judge Florian said, "Begin your cross-examination without any more prelude, Mr. Conway."

"I will, Your Honor. Thank you." Dennis said, "Deputy, do you have some papers there on your lap?"

Queenie glanced down. "Yes, I do."

"May I ask what they are?"

"That's a copy of my supplementary report. I mentioned it before."

"And what does that report deal with?"

"It's the report about the conversation between myself and Mrs. Henderson on the day I drove her and her husband down here to be fingerprinted."

"Ah. Yes, of course. May I look at it?"

Ray Bond said, "He has a copy of it, Your Honor. He's always had a copy of it. I don't see why he has to see that copy."

"That's Deputy O'Hare's copy," Dennis said, facing the judge on the bench. "And I believe she's made some marks on it, and some possible additions. She's read from it during sworn testimony. Therefore, under the rules of evidence, it must be made available to opposing counsel."

"Go ahead," the judge said. "Look at it."

"May I approach the witness, Your Honor?"

The judge waved him forward. There was a document to be consulted.

Dennis took the necessary steps across the well of the courtroom into the territory of the witness. But he approached softly, almost as if he were reluctant to invade and violate. The jury could see that.

Queenie already had the report in her hand and was extending it toward him. He took it from her and began to study it.

"Would you like to take a short break to go over it more carefully, Mr. Conway?" the judge asked.

"No, Your Honor, but thank you for asking. It's all pretty clear. Deputy O'Hare ..."

Queenie waited.

"This supplementary report is all your own work, isn't it? In the sense that no one helped you write it?"

"That's correct."

"You wrote it first in longhand and then discussed it with Sheriff Gamble, is that correct?"

"Correct."

"And then you typed it into the office computer?"

"Yes."

"Had you written down everything that was said during the car ride that you thought was of significance?"

"Yes, I had."

"And at some later point you discussed this supplementary report, of course, with the deputy district attorney, Mr. Raymond Bond?"

"Yes."

"How many times did you discuss it with Mr. Bond and go over it? "

"Two, maybe three times."

"Try to remember. Was it two or three?"

"I ... I'd have to say three."

"And on each of those three occasions when you discussed the supplementary report with him, was the report, or a copy of it, physically present?"

"Oh yes. Definitely."

"So Mr. Bond has read, or looked at, your report at least three times that you know of. I mean, you've seen him reading it?"

"Yes, I have."

"And did Mr. Bond tell you that he would ask you questions about the contents of the report when you testified in court today?"

"Objection," Bond said. "That's privileged."

"No, it's not," Dennis said. "It's full disclosure as to the preparation of a witness."

"Overruled," the judge said.

Dennis faced Queenie. "Did Mr. Bond tell you he'd ask you to quote from this report?"

"Yes."

"Did he tell you which parts of this report he would ask you to quote?"

"Well..." Queenie hesitated. "Not in so many words."

Dennis raised Queenie's copy of the report before her eyes. "These yellow marks on your copy of the supplementary report-please tell the jury what they are."

"They're marks made by a yellow highlighting pen."

"Who made those marks, Deputy O'Hare?"

"I did."

"Why did you do that?"

"So that it would be easier to pick out certain sentences."

"Do you mean the sentences you quoted to us here today in court?"

"Exactly."

"Did Mr. Bond tell you which sentences to mark, and which to quote?"

"Sometimes."

"You memorized some of them, didn't you?"

"Yes." Queenie raised her jaw a little. "I didn't think there was anything wrong in doing that."

Dennis nodded in apparent agreement. "Did Mr. Bond tell you what questions he would ask you today, relative to this report?"

"He went over the parts of the report he felt were important. For example, there's a part in there about Mr. Henderson's having the seat track of his Jeep unbolted. Mr. Bond didn't feel that was important.

He told me he wouldn't ask me about that, and I needn't mention it."

"So you're telling us that you rehearsed with him not only what he would ask you, but also how you would respond-is that correct? "

"Objection," Bond said, rising. "The implication is unfair, Your Honor. There's absolutely nothing wrong with preparing a witness."

"Your Honor," Dennis replied, "I didn't say it was wrong to prepare a witness. Every lawyer prepares a witness to some extent. The jury is entitled to know that. Nothing hidden, that's the rule. I just asked the question, 'Did they rehearse what he would ask and how she would respond?' Mr. Bond can take his witness on redirect if he's unhappy with the way she answers."

"Yes, he can do that," Judge Florian said. "You may answer, Deputy."

"I'm not sure I remember the exact question."

"Did you rehearse?" Dennis asked.

"Rehearse in that context is a strong word," Queenie said.

"It certainly is. All right, strike the question as phrased. Try this one. Did you go over on more than one occasion those parts of your report that Mr. Bond wanted you to quote here today?"

"Objection," Bond said. "Asked and answered."

"Did I ask that question?" Dennis said, surprised. "What did she say?"

"She said yes," Bond snapped. "Yes, we went over certain parts of the report."

"Did she say you went over certain phrases too?"

"I'm not on the witness stand!" Bond's face reddened. "Judge, this is wrong! He's baiting me!"

"Mr. Conway, go on with your cross-examination of the witness." The judge lowered his head, trying to hide a rare smile.

"I'll withdraw the last question too," Dennis said. "I'll ask another one, Deputy O'Hare. Did Mr. Bond tell you to exclude from your testimony before the jury those specific parts of the statement-I'm referring to certain remarks by Mrs. Henderson-that might tend to suggest she was innocent of the crime she's accused of?"

Bond was on his feet again. "I object! I object!"

"On what grounds?" the judge inquired.

"It's insulting!"

The judge looked down at Queenie. "You may answer, madam."

Queenie glanced at Ray Bond. It showed in her face that she felt sorry for him. "Not exactly," she said.