Vox Populi Vox Dei Ch. 03

"Yes, we stopped the raid when the Federal order came down." I said. And technically we did... after we were finished.

"But the raid went on, Commander." Munson said. "I remind you that you're under oath."

"OBJECTION!" Paulina yelled out.

"Sustained!" said Watts.

"Your Honor," Paulina said, "I also object that the first part of Defense counsel's statement was leading in nature."

"Sustained." said the Judge. "That remark will be struck from the record. Ms. Munson, I've constantly warned you about your tactics. Obey the rules and procedures of the Court!"

Munson moved on: "Commander, how did you learn of the Impala being in Midtown?"

"I was told by Vice Lieutenant Milton that it had been observed by the Midtown Police, and reported to us." I said.

"Which Lieutenant Milton?" Munson asked.

"I just said: Vice Lieutenant Milton." I said. Munson turned toward the Jury and rolled her eyes. Paulina and Jenna didn't see it, unfortunately.

"And what did you do then?" Munson asked.

"I told Vice Lieutenant Milton to contact the Midtown Police, particularly Detective Nell Bell, which she did." I said. "They investigated from there."

"And what did they find?"

"Objection!" said Paulina. "That was already established with the testimony of Detective Bell."

"Sustained." said Judge Watts. "Cover new ground, Ms. Munson."

Munson said "Commander, you interviewed several witnesses and previous victims--- alleged victims. How did they come to your attention?"

"In some cases, their names were known from past cases." I said. "And some by anonymous tips."

"Who gave the you or the Police those anonymous tips?" Gwen asked.

"How would I know?" I said. "That's why they call them 'anonymous' tips." Many people in the Courtroom chuckled, including some in the Jury.

"Answer the questions properly, Commander." warned Judge Watts, creating his own objection to my answer. He didn't realize that I was trying hard to keep Alison McFarland's name out of all this.

Gwen Munson continued the barrage. "So hypothetically, that Impala in Midtown could've come from anywhere, couldn't it?"

"I don't answer hypothetical questions." I said with alacrity before Paulina could object. "If you want to ask me about what actually happened, ask and I'll answer truthfully to the best of my ability. But hypotheticals call for speculation, and I refuse to do that while under oath."

"Your Honor," started Gwen, "I ask that this witness be held in contempt."

"Denied!" said Judge Watts strongly. "You heard the witness. Stick to facts, not calls for speculation."

Munson was angry at that, but couldn't do much more. She finally said "No more questions, Your Honor, but I would like for this witness to be subject to recall."

"Objection." said Paulina. "This is the fourth witness she's asked this for, Your Honor. I really must ask that she finish questioning these witnesses while they are here, or explain fully her reasons why she wants to recall them."

"I withdraw the request, Your Honor." Gwen said, and I caught the slightest gleam in her eye. What is that bitch up to? I thought to myself...

"Redirect?" asked the Judge.

Paulina got up. "Commander, during that raid, when the warrants were rescinded, could that raid have been stopped immediately, on a dime?"

"No, it does take time to stop it, especially with people already being taken into custody." I said. "And we have to follow certain procedures to ensure the safety of the Police Officers, which also take time..."

* * * * * * * * * * * * * *

With my testimony concluded, most of the technical stuff was done. Now came the parade of women that had been victims of the brutal gang rapes of the Taus and Pi Omegas. Gwen Munson challenged over and over with regard to relevance, but Paulina said she was building the case for continuing mischief by the Taus that was essential to the Jury's understanding of Peter Blassingame's crimes. The Judge allowed every bit of it.

Then the Taus and Pi Omegas that had made plea deals paid their price, and testified under oath. Their testimony was devastating. Gwen Munson constantly tried to imply that they would say anything to get a plea deal, and constantly questioned their integrity. It really was going to be a matter of who and what the Jury believed.

At 8:00pm, Judge Watts said "We'll recess for the night." There was only one witness left: Jesse Smallwood. He was in protective custody...

* * * * * * * * * * * * * *

Now that I'd testified, Paulina brought Tasha to The Cabin, where Laura and I had brought Carole and Jim (and the dogs, of course). Cindy, Callie. Betsy, and Jenna Stiles joined us for dinner.

Afterwards, Laura talked with Cindy and Teresa on the deck while I talked with the Legal Eagles at the dining room table.

"I don't understand the witness recalls." said Paulina. "We originally thought that Munson was just being what she is by trying to keep Nell Bell and the Midtown techs up here. I might even understand her wanting you subject to recall, Don, since you're a major witness, and she doesn't want you sitting in the Courtroom, anyway. But Captain Perlman? And Lieutenant Milton?"

"Any ideas on that, Don?" Jenna asked.

"If we look at it from her point of view," I said. "what is her only real chance of preventing her client from being convicted, or getting a mistrial or a new trial? She has to get the evidence against Peter thrown out. And the only way to do that is to successfully challenge the warrants under which the evidence was taken."

I went on: "The evidence during the raid is definitely in danger of that happening, but it's the evidence collected in the vehicle that's the problem. That's what she has to break. And I think that's what she's setting up."

Paulina said: "She tried that already, saying in front of the Jury that Mary and the Midtown PD falsely created probable cause. The Judge threatened to jail her over it, then he instructed the Jury to disregard it."

Jenna said "But that was all laid out very well, and it's rock solid. So what is she up to?"

I asked "Do you have her witness list?"

"Uh yeah, but not on me." Paulina said. She got out her iPad, to get the electronic copy. Ah, the wonders of modern technology, I thought to myself. "Here it is." Paulina said.

I perused the list. "Ahhhh, there it is. 'Cochise'. Owner of the China One Auto Shop."

"He signed the consent form." said Jenna.

"Hmmmm." I said. "I think I see what Munson is trying to set up..."

Part 20 - The Empire Strikes Back

9:00am, Tuesday, August 20th. Security was doubled in and around the Courthouse. Jesse Smallwood was escorted into the Old Courthouse under guard. He looked thinner than he had been when we arrested him. He also looked very nervous.

The courtroom was packed, and reporters outside were acting like they were the stars of the 'Court TV' show as they told their viewers exactly what to think. When Smallwood's vehicle was driven up, reporters tried to block it, then tried to breach the fenced off security area to get to him. When the TCPD Captain of Operations, wearing full armor, came out with the SWAT Team and gave orders to shoot to kill any reporters in violation of the security area, they backed off, some muttering that the Iron Crowbar was less of a jerk than the Iron Wolf. Well... 'jerk' might not have been the word they used.

As I took my seat behind the Prosecution table, I looked over at the Defense side. Andrew Parsons was sitting beside his sister, Peter Blassingame's mother, and I noticed that FBI Special Agent David Rovers was sitting next to him. I quickly texted Teresa to find out if the Bob Rovers FBI BAU Team was in Town.

Superior Court Judge Rodney K. Watts was announced. After taking his seat, he said simply "Bring in the Jury." The people at the Prosecution and Defense tables stood up as the Jury filed in. The judge said "Prosecution, next witness, please."

"The people call Jesse Smallwood to the stand." said Paulina Patterson. Smallwood came up, dressed in a suit and tie that was just a bit big for him, and was sworn in.

Paulina guided Smallwood through the confession he gave to the Police when he was arrested and cut a plea deal. (Author's note: 'Unresolved', Ch. 04.) She had him tell the story of what he saw, especially that Peter Blassingame was the one who pulled the trigger and fired the shots that murdered Stephen Henry and Wendy Withers. Smallwood didn't flinch nor change his story. His testimony was devastating, a nuclear bomb against Peter Blassingame. And for the first time, I saw emotion on Peter Blassingame's face: deep hatred of the witness that was now betraying the secrets of the Tau Fraternity and its membership of the wealthy Elites.

After she was done, Paulina said "No more questions, Your Honor.". When the Judge said "Defense?" Gwen Munson all but leaped out of her chair.

"What is your current address, Mr. Smallwood?" Munson asked.

"Objection!" Paulina was forced to yell.

"Sustained!" growled Judge Watts. "Ten minute recess. Ms. Munson, I'll see you in Chambers..."

* * * * * * * * * * * * * *

"Why shouldn't I have you jailed for Contempt right now, Ms. Munson?" Watts thundered at Gwen Munson once they were in his Chambers. The Judge had not invited Gwen nor Paulina to sit down.

"Because I'm trying to establish that Smallwood would lie to save his own neck and get a plea deal." Munson said.

"No, Your Honor," Paulina countered angrily, "she's trying to get a mistrial. And she's trying to get my witness murdered. You know he's in Witness Protection, and so does she."

"Yes," said Judge Watts, "and what you just did is a blatant and egregious violation of the code of conduct, Ms. Munson. You have more than worn out my patience. There will be a referral to the State Bar to have you removed, and I know that you will never be permitted to practice law in my courtroom again. And I do mean it, Ms. Munson: one more violation, or if I have to call a mistrial for any reason whatsoever, and you go to jail for contempt until the next trial of Peter Blassingame is over. Do you understand?"

"I understand that you've been biased from the beginning and that it will be part of my appeal." said Munson. "I again demand that you recuse yourself from this trial, and I demand a recess of this trial until my appeal can be ruled upon and you removed from presiding over it"

Paulina was stunned by the effrontery, but Judge Watts didn't even blink. "This trial goes forward. You can, and should, let the other lawyers finish it while you go make your appeals, but the trial continues..."

* * * * * * * * * * * * * *

Once back in Court, Gwen Munson said "Mr. Smallwood, you admit you were in the car with the others?"

"Yes." said Smallwood.

"You admit you were with the group that sexually assaulted Wendy Withers and those other women." stated Munson. Smallwood said that he was.

"You can't be seen on the evidence tapes." said Munson. "Wasn't it you, not the Defendant, behind the mask of the person that shot Wendy Withers and Stephen Henry?"

"No, that was Peter Blassingame." said Smallwood.

"And you turned State's Evidence, and made a plea deal," pressed Munson, "so that you wouldn't be the one on trial today. You fingered someone else for your crimes, isn't that true?"

"No." Smallwood said flatly.

"No more questions, your Honor." said Gwen.

"Redirect?" asked the Judge.

Paulina got up and asked "Just to confirm, Mr. Smallwood, you did not sexually assault Ms. Withers or any of the other women at the crime scene?"

"No." said Jesse.

"And that's because you experienced erectile dysfunction?"

"Yes." Jesse admitted.

"So it wasn't your semen that was found in Ms. Wither's violated vagina." Paulina said. "That semen matched Peter Blassingame's with a certainty of one in three billion."

"Objection!" cried out Gwen Munson.

"I withdraw the question." said Paulina. "No more questions of this witness, Your Honor."

"Very well." said the Judge. "Call you next witness."

"Your Honor," Paulina replied, "the People rest."

* * * * * * * * * * * * * *

Everyone wondered what Gwen Munson would do to defend the indefensible. We expected her to try to call in expert witnesses to try to discredit the collection and processing of evidence. We would learn later that the Defense team had hired several experts, but so strong and correct were our procedures, that none of them would take the stand to try to refute our good work.

Instead, she went for an attempt to create doubt in the validity of the warrants. She called 'Cochise' to the stand.

"The Impala was brought to your shop, the China One Auto Shop, is that correct?"

"Yes ma'am." Cochise said politely.

"And the Midtown Police raided your shop on April 21st, is that correct?" Gwen asked.

"Oh yes ma'am." Cochise said, his voice barely above a whisper. The judge admonished him to speak clearly into the microphone.

"Mr. Cochise," said Gwen Munson, "when the MPD arrived, you spoke with Detective Nell Bell, is that correct?"

"Yes ma'am."

"And you signed a consent form to allow them to inspect the Impala in your backyard?"

"Yes ma'am. Under duress."

Gwen said "Under duress? Why did you sign it? Why didn't you demand a warrant?"

"Because," said Cochise, "the lady Detective threatened me."

"What did she tell you?" asked Munson.

"She said that if I did not permit the search," said Cochise, "the Iron Crowbar would come to my shop... with his crowbar."

There was a buzz in the audience, mostly among the reporters. Judge Watts tapped his gavel and admonished the gallery to remain quiet.

"So she threatened you." Munson said, more as a statement than a question.

"That is how I perceived it, ma'am." said Cochise.

"Did the Police begin examining the Impala before you signed the consent form, or after?" Munson asked.

"They were all over that car before anyone said a word to me." said Cochise.

After a few more questions, Munson said "No more questions. Your Honor, I wish to recall Nell Bell to the stand."

"The Prosecution gets to cross examine this witness first." said Watts. "Prosecution?"

"Thank you, Your Honor." said Paulina, getting up. "Mr. Cochise," she said as she approached him, "there's one thing I don't understand. You said you perceived Commander Troy, the Iron Crowbar, coming to your shop with his crowbar as a threat. Why would you be afraid of that? Especially if you have broken no laws?"

"Objection!" called out Munson. "Leading the witness."

"Overruled." said Watts. "Answer the question."

"Everyone knows that the Iron Crowbar has been known to use his crowbar for.. violent.. actions." said Cochise.

"Everyone also knows he carries and uses that crowbar like most Police use batons, billy sticks, for defensive purposes." Paulina replied. "So I don't understand your concern that he might show up... out of jurisdiction... if there's nothing criminal for him to worry about. Why would you be nervous?"

"As I said," said Cochise, "I felt it to be a threat."

"Mmm hmm." said Paulina. "Your Honor, I'd like to enter Mr. Cochise's criminal record into evidence."

"So entered." said the Judge.

* * * * * * * * * * * * * *

Gwen Munson recalled Nell Bell to the stand. Judge Watts was about to tell her to call other witnesses while Nell Bell was contacted when the back doors opened and in walked the Midtown Police Detective, acting like she owned the room, her hat tucked under her left arm. Yeah, I thought to myself, she's good. And she's learned from my example.

"I remind you that you are still under oath." said Judge Watts. Nell Bell nodded in acknowledgement. "And how did you get here so fast?" the judge asked. "Commander Troy is not that fast, even in his Cobra helicopter!" There was laughter in the Courtroom at that.

"I was at the Police Academy up here this morning, Your Honor. Attending a seminar." said Nell Bell.

"Detective Bell," Gwen said harshly. "did you threaten Mr. Cochise to get him to sign that consent form?"

"No." said Nell Bell.

"You're under oath, Detective Bell." said Munson.

"Objection!" yelled Paulina.

"Sustained." said the Judge. "You're fouling off pitches, Ms. Munson, but that third strike is coming." That was a clear warning that a Contempt charge was imminent.

"Ms. Bell," Gwen went on, "Mr. Cochise just testified that you threatened him in order to get that consent form, and also that your fellow Officers began examining the Impala before you had that signed consent form. Do you want to recant your earlier testimony, and tell us the truth this time?"

"Obbb-JECTION!" Paulina yelled.

"I'll restate." said Munson "Ms. Bell, your testimony contradicts the testimony under oath of Mr. Cochise. Do you insist that you did not threaten Mr. Cochise?"

"I did not threaten Cochise." said Nell.

"What did you say?" asked Munson.

"I told him we wanted to inspect that Impala in connection with the crimes in the Iron Crowbar's County." said Nell. "But I never threatened Cochise, nor did I tell him that the Iron Crowbar was coming to Midtown or would come down."

* * * * * * * * * * * * * *

Gwen went through the same crap with Captain Perlman and Detective Rodriguez, but she could not create any loopholes nor get them to screw up and contradict anything.

And to everyone's shock, she said "The Defense rests." Judge Watts wasted no time charging the Jury and sending them out to deliberate.

Another thing that happens in trials that people don't see is what happens after the Jury leaves the room to deliberate. Normally the Judge compliments (or not) both sides, then wraps up details with them. Judge Watts only said "I appreciate your professional conduct during this trial, Ms. Patterson and Ms. Stiles." It was a clear shot at Gwen Munson.

I noticed that Andrew Parsons and David Rovers had gotten up and left the Courtroom. Yeah, women take bathroom breaks as a group, but men don't. So I was suspicious as to what was going on with them. I went outside and checked my emails. One was from Tanya, and it read: "Bob Rovers in Washington. Peter Page and David Rovers last known to be in the City."

At 8:00pm, Judge Watts recessed the Court. The Jury was taken back under heavy guard to the University Hotel. Jesse Smallwood had been taken away by Federal Marshals; it was unlikely any of us would ever see him again.

* * * * * * * * * * * * * *

9:00pm. Judge Rodney K. Watts opened his door in answer to the ring of the doorbell. "I shouldn't be talking to you right now." he said to the two men standing on his front porch.

"With respect, Your Honor," one of the men said, "yes, you should."

"Come on in." the Judge said...

* * * * * * * * * * * * * *

The twelve Jury members and three remaining alternates were sequestered on the sixth floor of the University Hotel, and TCSD Deputies had been guarding the hallways, forbidding entrance to the floor at the elevators or the stairwells. The television sets in each room had been disconnected from the cable service, but there was a DVR player attached to each of them so that Jurors could watch movies.

In a room on the fifth floor, three men were at work. "One person in each room." one man said. "No special activity among the guards."

"Let's do it." said one of the other men.

At 11:00pm, the televisions turned on of their own accord. Videos began showing on each one, tailored for each Juror in each room, showing that Juror's children playing or at school. "We know who you are. We know who your children are. You love your children and your (spouse); you want them to be safe. It would be a shame if you voted to convict Peter Blassingame, only to return home to find your own children dead..."