Part 31 (1/2)
She moved the pad aside. ”From the other map we determined that the only place where you could have had a clear line of sight to the blackberries was from in front of the rosebushes. Is that your understanding?”
He nodded. ”Yes.”
”And not from the entire length of the rose garden, but for about seven or eight feet of it. Is that correct?”
”I... I guess so.”
She turned toward Judge Mac. ”I could go over that reasoning again, Your Honor.”
”I don't think it's necessary,” he said. ”You covered it quite exhaustively. Just move on, if you will.”
”All right. Mr. Marchand, from the numbers we have just done, it appears that you were in front of the rose bushes, the only place where you could see the back of the property, for less than one second. In that fleeting glance could you make out enough details to say you saw sungla.s.ses and a cap?”
His hands were shaking again; he started to pick up his water gla.s.s, but then quickly put his hands in his lap once more. ”I don't know,” he said. ”I thought later that I did, but I don't know.”
”When later?” Barbara said. ”Before or after you gave your statement to the investigators?”
”I don't know,” he said again; he sounded and looked desperate. ”They asked me questions a few times before I gave a statement that I had to sign. I kept thinking about it all, and I thought I saw gla.s.ses or something. Before I signed anything.”
”Now, thinking of it all again, do you believe you saw sungla.s.ses that day?”
”I don't know,” he said.
”Could it as easily have been sunlight reflecting off leaves?”
”Maybe. I don't know.”
”All right. Turning to another matter. Earlier you testified that you told your mother that Ben Hennessey was waiting for you, and that if your father had asked, you would have told him how you got home that day. In other words you would not have lied about it. Is that right?”
”Yes.”
”Would he have punished you for disobeying him, accepting a ride with a friend?”
Daniel hesitated. ”No.”
”Would he have punished you for lying about it?”
He hesitated longer. ”No. I don't know. I didn't lie to him.”
”Never? Most children lie from time to time, I understand.”
”Maybe I did when I was small. I don't remember.”
”Did your father use corporal punishment? Did he spank you and your sister when you misbehaved?”
”When we were small,” he said in a faint voice.
”Did he use his hand?”
”No. A little switch. On our legs. It just stung a little, that's all.”
”Did he ever use a strap or a belt, something like that?”
”Maybe once or twice. A little strap.”
”Objection!” Novak cried. ”Your Honor, this is all irrelevant, and not proper cross-examination.”
”I agree. Sustained.
And Judge Mac, Barbara decided, sounded impatient. Maybe he had hated math as a student. Or maybe he thought there was nothing wrong with switching the legs of misbehaving children.
”I have no more questions for this witness at this time,” she said. ”However, I request that he be advised to hold himself in readiness to be recalled as a hostile witness for the defense.”
Novak was on his feet instantly; he didn't wait for permission to approach the bench, but was halfway there before his objection was even voiced. Judge Mac peered at him over his gla.s.ses, and he halted abruptly, then backed up.
”Your Honor, this witness has been deeply traumatized; he has testified to the best of his ability, and there's no possible reason to recall him, except to intimidate and hara.s.s him.”
”I have more questions to ask, but there has been no proper foundation laid for them at this time,” Barbara said coolly.
”Overruled. Mr. Marchand, when the defense presents its case, you will be recalled as a witness. You will be required to return to court at that time, and you will be notified as to the day and time of day your presence will be necessary.”
Daniel Marchand looked terrified.
35.
When Daniel was excused, Judge Mac said, ”Ms. Holloway, Mr. Novak, I think we'll call it a day. Recess until nine o'clock tomorrow morning. And I want you both in chambers in ten minutes, if you please.”
”What's that all about?” Frank muttered, after the judge left the bench. Dolly and Arnold Feldman were standing up, apparently waiting for a chance to speak to Alex, or possibly to Barbara. She ignored them.
”Don't know,” Barbara said. ”Why don't you take the crew on home. I can get a cab when we're finished.”
”I'll go with them, get my car, and come back for you,” Will Thaxton said.
”Good. Alex, I really do want to talk things over before you go back to Opal Creek. Can you and Dr. Minick wait for me? It shouldn't take too long.”
”I suppose that means we're to be left out altogether,” Dolly said coldly. ”We didn't fly all the way from New York to be treated like excess baggage. My son's life is at stake here. I have a right to be included in your consultations.”
Barbara glanced at Will, whose nod was almost imperceptible. She said, ”I'm sorry, Mrs. Feldman, I have to go meet with the judge. I can't stop to explain things right now.” Will would take care of it, she thought gratefully. She fled.
The attorneys arrived at the judge's outer office together and were not kept waiting. His secretary opened the door to his chambers and motioned for them to enter.
The judge had decorated his chambers with antiques, including half a dozen Tiffany lamps of various kinds: table lamps, floor lamps, a desk lamp, all beautiful and no doubt very valuable. And again Barbara was struck by the number of family pictures on tables, his desk, the walls.
”Please sit down, make yourselves comfortable,” Judge Mac said. ”I want to commend you both for the manner in which this trial is being conducted.” He had taken off his robes and had on a sport s.h.i.+rt open at the throat. His head again looked too big for his neck and shoulders.
Now the whammy, Barbara thought, as Judge Mac turned to her, his expression suddenly grave.