“Objection, Your Honor.” Martinez was on his feet, not bothering to hide his annoyance. “What’s the relevance, again? It has nothing to do with anything.”
Bennie kept her face front and her tone reasonable. “Your Honor, I’m briefly exploring the general investigation that the Commonwealth conducted in this murder case.”
Martinez shot back, “But what does it have to do with a self-defense claim?”
Bennie ignored him. “Your Honor, I’m certainly entitled to explore more generally than a theory of the defense. The prosecutor turned over the video, and the witness agreed that what I’ve asked him isn’t outside the realm of possibility, so I think that’s prima facie evidence of relevance.”
Judge Patterson nodded. “I’ll allow it. Proceed.”
Bennie faced the witness again, though his lips were pursed, more guarded than before. “Detective Gallagher, didn’t you think this person, who was passing by the alley, almost immediately after a murder was committed on the other side of the wall, might have some information about this matter?”
“Yes, I did think that.”
“Detective Gallagher, didn’t it occur to you that that person might’ve heard something, such as an argument or even a cry for help?”
“Yes, it did.”
“Didn’t it also occur to you that the person might’ve seen something?”
“Yes.”
“Didn’t it also occur to you that that person might in fact have committed the murder and then escaped over the wall?”
Detective Gallagher shook his head. “I did not consider that as a possibility after I furthered my investigation.”
Bennie took it on the chin. “But just so we’re clear, at one point, that was in the realm of possibility, was it not?”
“Yes, it was. Previously.”
“Detective Gallagher, whether this figure committed the murder or not, you certainly thought that he might have information, might have heard something, or might have seen something, so my question to you is, did you make any attempt to identify or locate this person?”
“Yes, I did.”
“What did you do in order to identify or locate this person?”
“My partner and I canvassed the neighborhood, which means that we asked around, and we tried to determine if anyone had seen this person in the vicinity on the night in question.”
“Detective Gallagher, what did you determine?”
“That no one knew who he was.”
Bennie was almost home free. “And that remains true today, does it not? That is, you have not identified who this person is.”
“Correct.”
“Thank you, Detective Gallagher.” Bennie nodded. “I have no further questions, Your Honor.”
“Proceed, Mr. Martinez.” Judge Patterson nodded to Martinez, who was already on his feet and approaching the witness.
“Detective Gallagher, you have been professional enough to indulge defense counsel’s general exploration of your investigation, and thank you for that.”
“You’re welcome.” Detective Gallagher smiled, and Bennie suppressed an eyeroll.
“And you described to her theories and thoughts that you explored early in your investigation of this crime, isn’t that right?”
“Yes.”
“But there came a time when you rejected your early theories and thoughts, isn’t that true?”
“Yes.”
“And the results of your investigation were that the defendant murdered Mr. Grusini, isn’t that correct?”
“Yes.”
“Detective Gallagher, do you presently have any doubts about the correctness of your conclusion?”
“None at all.”
“And finally, in your opinion, does it matter who this person seen walking in this video is?” Martinez pointed at the freeze-frame on the television.
“Not at all.”
“I have no further questions, Your Honor.” Martinez strode quickly back to counsel table.
Bennie caught Judge Patterson’s eye. “I have no redirect either, Your Honor.”
“You may step down, sir,” Judge Patterson said to the detective.
Bennie tensed as she got ready for her next witness.
CHAPTER FIFTY-NINE
Bennie felt Jason shift beside her as soon as she called Gail Malloy. He tried to catch Bennie’s eye, but she ignored him, watching Gail walk to the witness stand, trim in a chambray shirtdress and denim espadrilles. She wore only light makeup, so she came off as wholesome and reliable, with a feathery cap of short brown hair and small gold hoops in her ears. She didn’t even appear nervous as she was sworn in, and Bennie recalled that she had been eager to testify on Jason’s behalf.
Jason wrote on Bennie’s pad, WHY DO WE NEED GAIL?
Bennie ignored him, keeping him in the dark for reasons of her own. She prayed her gambit paid off, but she wouldn’t know for sure until the jury returned with its verdict.
Bennie went to the stand. “Good morning, Ms. Malloy. Thank you for coming today. Would you tell the jury how you know my client Jason?”
“I’d be happy to.” Gail faced the jury with a sweet smile, as if she’d been coached to do it, which she hadn’t. “Jason is my roommate. We share a house in Port Richmond. I hired him to work for me at Juarez, a restaurant in Fishtown. I’m the manager, and he’s a waiter. So I guess you could say that he’s my roommate, but he’s also my employee and my friend.”
“Thank you.” Bennie caught Brooklyn Girl and two other jurors smiling, and they were off to a good start.
“Ms. Malloy, how would you characterize Jason as a person?”
“Jason is a total sweetheart.” Gail paused. “He has a good heart, and my partner and I, we always say that he’s the kind of guy who catches spiders and puts them outside, rather than killing them. He actually does that.”
Bennie smiled, and Brooklyn Girl nodded in agreement.
“In fact, once I caught him putting a cockroach outside, and I said, ‘no way, that’s the limit.’” Gail chuckled, and so did Brooklyn Girl.
Bennie glanced back at Jason, and a pained smile crossed his face, which made him look softer and more vulnerable. He liked Gail and it showed, which was what Bennie had been hoping for.
“Ms. Malloy, how would you characterize Jason at work?”
“He’s the best I have. He cares about our customers and they all like him. Everybody on the staff likes him, even the chef. If you ever worked in a restaurant, you know chefs are big prima donnas and they never like anybody.” Gail snorted, and Computer Guy nodded. “Jason is never late and he’s the first one to ask for extra hours when I have them.” Gail beamed, glancing over at Jason. “I couldn’t think more highly of him than I do.”
“Ms. Malloy, has he ever gotten into any fights or fussing at work?”
“No, never.”
“Ms. Malloy, has there ever been an occasion that you know of when Jason has been less than peaceful, let’s say, outside of work?”
“Yes, but only one time,” Gail answered, after a moment, and Bennie understood her hesitation, because she hadn’t prompted Gail about what she was going to ask on the stand, wanting unrehearsed testimony.
“Ms. Malloy, would you please tell the jury about the one time at which Jason was, shall we say, less than peaceful?”
“Well, there was one time Jason did get angry and shout at my neighbor, but to be honest, I appreciated it.” Gail stopped.
“Ms. Malloy, please tell the jury what happened.”
“Well, my neighbor next door is really a jerk and he always gives me and my girlfriend a hard time when we’re together, because we’re gay. We’re open, and sometimes we hold hands, but he hates that.” Gail’s face darkened, her short forehead buckling. “So one night my neighbor was calling us rude names, like really rude. I don’t want to repeat them.”
“You don’t have to,” Bennie interjected gently, because she could see that Brooklyn Girl and Marathon Mom were already feel
ing for Gail, their expressions almost identically empathetic.
“Anyway, it was really ugly, and one night it got to me, and I just started to cry. It’s really hard when you have a happy moment that gets ruined by someone hating on you. It’s just hard.” Gail’s eyes filmed at the memory. “Anyway, Jason was there, and he went up to our neighbor, who was sitting on the stoop, and he yelled at him, ‘It doesn’t matter who she is, it matters who you are. So be a gentleman, at all times.’” Gail wiped her eyes, with a triumphant smile. “I thought that was so nice, and that was really true, and that was very much the way Jason has always been to me and to everyone. He’s just a good guy, with a good heart, and he always has my back. At home, and at work.”
Bennie couldn’t have said it better herself. “Ms. Malloy, when Jason stood up for you to your neighbor, did Jason physically harm him in any way?”
“No.”
Bennie faced Judge Patterson. “Your Honor, I have no further questions.”
“Thank you, Ms. Rosato.” Judge Patterson turned to Martinez. “Mr. Martinez, do you have cross-examination?”
“I certainly do, Your Honor,” Martinez answered, his tone stiff.
Bennie walked back to counsel table, sat down next to Jason, and put her arm around the back of his chair, implicitly vouching for him. She used to do that to send a signal to the jury, but this time it came from the heart. She knew that the Jason whom Gail had described was in there somewhere, underneath that hard shell he’d grown in prison.
“Ms. Malloy, how long have you known the defendant?”
“Six months.”
“Not very long.” Martinez sniffed.
“But we live together,” Gail added quickly, turning to the jury. “You really get to know somebody well when you live with them. I know Jason very well.”
Bennie almost cheered. She loved nothing better than a witness who stood up for herself, but Martinez wasn’t about to let it go.
“Ms. Malloy, did you know that the defendant and Richie Grusini, the victim in this case, were both involved in a fight that led to their incarceration?”
“Yes, I did. I knew that they were both involved in the Kids-for-Cash scandal.”
“So then did you know that the defendant had a grudge against my client for these many years?”
“Objection, Your Honor. That’s not a fair characterization of the testimony.” Bennie didn’t want to come on strong, in contrast to Martinez, who was beginning to bristle.
“Fine, I’ll rephrase, Your Honor.” Martinez pivoted to the witness stand. “Ms. Malloy, did you know that the defendant had animosity toward my client?”
“Same objection, Your Honor,” Bennie said, again without rising.
Judge Patterson paused, in thought. “I’m going to sustain the objection. Mr. Martinez, be more specific.”
“Yes, Your Honor.” Martinez linked his hands in front of his body. “Ms. Malloy, did you know that the defendant and Mr. Grusini had a history of conflict, which dated back to middle school, in fact?”
“Yes, I did.”
“Did you know that because the defendant told you?”
“Yes.”
“Did the defendant complain to you about Mr. Grusini?”
“Jason didn’t complain to me. He told me he didn’t like him.”
“Ms. Malloy, did he seem angry to you when he discussed Mr. Grusini?”
“Yes,” Gail answered, her tone noncommittal.
“Ms. Malloy, did you also know that the defendant stalked Mr. Grusini while he ate at Eddie’s bar?”
“Objection,” Bennie said, modulating her tone. “Again, not a fair characterization of the testimony.”
“Sustained.” Judge Patterson frowned slightly at Martinez.
Suddenly Gail raised her hand, like the smartest girl in school. “I can answer that, I knew that Jason ate dinner every night at Eddie’s bar. So if Richie Grusini went there only sometimes, who’s stalking who?”
“Move to strike the answer as argumentative.” Martinez faced the judge.
“Granted. Ladies and gentlemen, you are to ignore the response provided by Ms. Molloy and are instructed not to consider it under any circumstances when the time comes for you to deliberate.” Judge Patterson couldn’t hide a slight smile.
Martinez straightened up, trying to recover. “I have no further questions of this witness,” he said, his tone disgusted, and Bennie knew it wouldn’t play well. The jury had liked Gail, and the defense had scored a tiny little point.
Judge Patterson turned to Bennie. “Ms. Rosato, any redirect?”
“No, thank you,” Bennie answered, bracing herself. “Your Honor, the defense calls Declan Mitchell to the stand.”
CHAPTER SIXTY
Bennie kept her expression impassive, even though the reporters shifted position in the gallery, whispering, wheeling their heads around and craning their necks to see better. The sketch artist drew madly, looking back and forth between her and his pad. This was the show they’d been hoping for, and it was about to happen before their eyes. Marathon Mom and Brooklyn Girl inched forward in their chairs, newly interested as Declan rose, whispered something to Doreen, then strode to the witness stand, his head up. Bennie reminded herself that nobody in the courtroom knew that they had made, and lost, a child together.
She tried to accustom herself to the sight of him, which seemed silly, but required effort. He was more handsome than ever, his dark eyes clear and his thick hair wavy, shot through with silver at the temples. He cut a tall, well-built figure in a dark blue suit, with a traditional striped tie. His shoulders looked strong underneath his jacket, pulling the lightweight cloth across his back, and it wasn’t padding because Bennie knew what his arms and back looked like underneath. She flashed on him sleeping beside her, but she pushed those memories away. She’d never cross-examined somebody she’d loved. Still, she wanted Jason acquitted, and this was the only way.
Judge Patterson nodded. “Ms. Rosato, you may proceed.”
“Thank you, Your Honor.” Bennie stopped in the middle of the courtroom, as close as she wanted to get to the witness stand. She looked at Declan, her expression a professional mask, and he met her eye, his expression equally oblique.
“Mr. Mitchell, you are the uncle of Mr. Grusini, are you not?”
“Yes.”
“And you would have characterized your relationship to Mr. Grusini as close, would you not?”
“Yes.” Declan pursed his lips just the slightest, and Bennie knew she’d have to elicit the information she needed without trashing Doreen, or the whole testimony would go south.
“Mr. Mitchell, isn’t it true that you two became close because you spent a lot of time with Mr. Grusini when he was growing up?”
“Yes.” Declan set his lips firmly together, as if they were sealed, but Bennie had gotten what she needed for the moment.
“And it’s true that you served as something of a father figure for Mr. Grusini, is that correct?”
“Yes.”
Bennie didn’t ask another question about Richie’s father, because she didn’t want to elicit any further sympathy for him. “Mr. Mitchell, during the time that Mr. Grusini was growing up, you served as a state trooper with a mounted unit, is that true?”
“Yes.”
“But since then, you have become a lawyer and now practice in the Mountain Top area, isn’t that true?”
“Yes.”
Bennie had Declan establish his background because she wanted the jury to understand that he was a credible and upstanding citizen, incapable of lying on the witness stand. She was betting that he wouldn’t lie on the stand, and in her heart, she knew that he wouldn’t lie to her.
“Mr. Mitchell, you were aware that Mr. Grusini, your nephew, resided in Philadelphia, weren’t you?”
“Yes.”
“Mr. Mitchell, do you know when Mr. Grusini moved to the city?”
“Yes.”
Bennie suppressed a twinge of admiration. Declan
was testifying like a true cop, answering the question asked, but only the question asked. “Mr. Mitchell, please tell the jury when Mr. Grusini moved to the city.”
“About five years ago.”
“Mr. Mitchell, during that time, did you and Mr. Grusini stay in regular touch?”
“Yes.”
“Did you stay in touch by phone or by visits?”
“By telephone.” Declan blinked, and Bennie wondered if that was related to her, at all.
“Mr. Mitchell, generally, did Mr. Grusini call you, or did you call him?”
Martinez raised a hand. “Objection, Your Honor. Of what relevance is this testimony?”
Bennie knew what Martinez was afraid of. “Your Honor, the relevance of this testimony will be clear in just a few more questions. It’s certainly well within the parameters.”
Judge Patterson nodded. “The objection is overruled.”
“Generally, Richie called me,” Declan answered, without being prompted.
“Mr. Mitchell, how often did you speak with Mr. Grusini, would you say?”
“Once a week.”
“Your Honor, I would like to move into evidence as Defense Exhibit 24 Mr. Grusini’s phone records from the date of the murder, which the Commonwealth turned over to the defense.” Bennie picked up the copies of the phone records from counsel table, walked one to Martinez, then headed for the judge, with hers. “May I approach the bench, Your Honor?”
“Certainly.” Judge Patterson accepted the records, then raised her eyes to Martinez. “Any objection, Mr. Martinez?”
“No,” Martinez answered flatly, and Bennie knew that he’d guessed where she was going.
“May I approach the witness, Your Honor?”
“Yes.”
“Thank you.” Bennie walked to the witness stand, placed the phone records on the ledge, and moved away. “Mr. Mitchell, I’m showing you Mr. Grusini’s phone records for the night in question. Could you please read the highlighted line of those records to the jury?”
“It says ‘11:04 P.M., outgoing call, phone number 267-555-1715.’”
“Mr. Mitchell, isn’t that your cell phone number?”