“Ms. Rosato, please proceed.”
“Thank you, Your Honor.” Bennie clicked the remote on the television, bringing the videotape of Yearling Street back onto the screen, with the shadowy figure. “Jason, I would like to refer to Defense Exhibit 23, the videotape that was the subject of Detective Gallagher’s testimony today. Did you hear Detective Gallagher’s testimony regarding the identity of this person?”
“Yes.”
“Jason, you heard Detective Gallagher agree that this person appeared on Yearling Street right after Mr. Grusini was murdered, did you not?”
“Yes.”
“And you also heard Detective Gallagher testify that he initially thought the person had committed the murder, did you not?”
“Yes.”
“Objection, Your Honor,” Martinez said, tentatively. “The question has been asked and answered.”
Bennie faced the judge. “Your Honor, I’m entitled to press my client.”
“Overruled.” Judge Patterson nodded, and Bennie didn’t miss a beat before she turned back to Jason.
“Jason, did you hear Detective Gallagher testify that the police tried to find out who this person was, but they were unable to?”
“Yes.”
“Jason, you know who this person is, don’t you?”
“No.”
Bennie’s gut wrenched. “Jason, I remind you that you’re under oath. You have to tell the truth. Please, who is this person?”
“I don’t know who that is.” Jason’s jittery gaze fled from the TV.
Martinez rose. “Objection, Your Honor, she’s harassing the witness.”
“It’s my witness and my client.” Bennie had started down the path and there was no turning back. The reporters wanted a courtroom drama, and they were going to get one. “Your Honor, I’m entitled to question my client any way I see fit, when it’s in his best interests to do so. The prosecutor has no standing to assert my client’s interests, as against me.”
Judge Patterson arched an eyebrow. “Ms. Rosato, this is certainly unconventional, but you are correct. Overruled, Mr. Martinez.”
Bennie faced the stand, trying to control her growing frustration. “Jason, would you please tell the jury who that person is?”
“I don’t know who it is.”
“Jason, you were in the alley with that person, weren’t you?”
“No.”
“Jason, tell the truth!” Bennie shouted, desperate.
“I am telling the truth!” Jason shouted back.
Martinez jumped to his feet. “Your Honor, objection! This isn’t direct examination, this is cross-examination! She’s cross-examining her own client!”
Bennie whirled around to face Judge Patterson. “Your Honor, I’m now exercising my right to call Jason as a hostile witness, so I may cross-examine him.”
Judge Patterson blinked. “Your own client?”
“Yes.” Bennie doubled-down. Jason had been worried about Martinez cross-examining him, but he had never worried about his own lawyer. “It may be unusual, but it’s entirely within the rules. This young man is on trial for murder, and I’m going to get the truth out of him, one way or the other.”
“Fair enough, the objection is overruled.” Judge Patterson shook her head, and Bennie couldn’t tell if her reaction was admiring or nonplussed, but didn’t care.
“Jason.” Bennie advanced on the witness stand. “I represented you a long time ago, in the juvenile action regarding the fight in the cafeteria, did I not?”
“Yes, you did.” Jason looked shaky.
“And you know that it’s very important to tell the truth in any court proceeding, do you understand that?”
“Yes.” Jason seemed to grow pale, his face draining.
“Jason, you know there was someone else in that alley with you, don’t you?”
“No, there wasn’t.” Jason began to waver, but Bennie felt her own anger growing, not only at him, but at herself.
“Jason, you need to tell this jury who else was in that alley!” Bennie shouted, feeling herself lose control.
“There was no one else! There was nobody in that alley but Richie and me!”
“You’re lying! You weren’t framed, you’re protecting somebody! You’re protecting that person on the video! Who is this person? I know you know who this is!” Bennie pointed to the screen. She could see the jury react, looking back and forth. She could hear the gallery shift and murmur.
“I don’t know, I don’t know who it is!”
“Yes you do!” Bennie hollered back, desperate. Her strategy was blowing up. Her cross-examination was backfiring. She had violated her own rules. Jason knew the truth but he wasn’t going to give it to her. Her defense was going to hell in a handbasket. She exploded, throwing up her hands. “You’re protecting someone, aren’t you? Just like you protected your mother! Just like you protected Gail! You’re Richard the Strong, Jason! You’re a protector, not a killer, isn’t that right? You know who it is!”
“I don’t, I don’t know who she is!”
“She? How do you know it’s a she?” Bennie exploded. “Jason, who is she?”
“Objection!” Martinez shouted, and chaos broke out again. The reporters chattered, the jurors’ mouths dropped open, and Judge Patterson reached for her gavel.
Bennie ignored everyone. “Jason, you spent the best part of your life in jail, do you want to spend the rest there, too? You didn’t belong there then and you don’t belong there now! Who is she?”
“Counsel!” Judge Patterson’s eyes flared. “I will not be defied in my own courtroom!”
“Your Honor, I can’t stop now!” Bennie cried out, but suddenly she became aware that the gallery behind her was in an uproar. She turned around to see what was going on, just as someone shouted:
“It’s me! I’m the one on the TV! He’s protecting me.”
CHAPTER SIXTY-TWO
Bennie whirled around, astonished to see a tall woman in a flowered shift standing up in the second pew. She looked to be in her thirties, with determined blue eyes, chin-length brown hair, and a small mouth. She’d been sitting with Paul Stokowski, whose mouth had dropped open in astonishment. Paul tried to pull her back into her seat, but she wrenched her arm away and began moving out of the packed pew.
“Judge, my name is Linda Stokowski! I need to tell what happened! I was in the alley—”
“Miss, refrain from saying anything further until I dismiss the jury!” Judge Patterson gestured to her courtroom deputy, who was already hurrying toward the jury box. “Jurors, please return to the jury room forthwith. I apologize for the inconvenience.”
The excited jurors jumped up from their seats, and the courtroom deputy hurried them from the courtroom and slammed the heavy door behind them. A horrified Paul Stokowski was on his feet, reporters scribbled away, and the sketch artist turned around, rapidly drawing Stokowski’s wife Linda, in motion.
Meanwhile Bennie had hustled to the second pew and extended her hand. “Linda, this way, please.”
“Wait one minute, Bennie!” Martinez jogged to Bennie, but she had already grabbed Linda by her slender arm and was leading her through the bar of court.
“Members of the public and the press, leave forthwith.” Judge Patterson frowned as the grumbling reporters took their belongings, shuffled out of the pews, and left the courtroom. “Members of the victim’s family, you may remain, but you are cautioned not to disrupt this proceeding.”
“Thank you, Your Honor,” Declan called back, but Bennie couldn’t be distracted, ushering Linda through the bar of court.
“Your Honor, I call Linda Stokowski to the stand,” Bennie called out, on fire.
Martinez faced the judge. “Your Honor, Ms. Stokowski isn’t on the defendant’s witness list! She can’t be called to the stand!”
Bennie pressed Linda toward the stand. “Your Honor, obviously, the defense had no notice of this woman’s existence, so she couldn’t have been on our list.”
Martinez blocked Bennie’s path. “Your Honor, there’s already a witness on the stand!”
“Counsel, stop right there!” Judge Patterson banged her gavel. “Allow me to run my own courtroom. I won’t have a mistrial at this point, nor will I have my record spoiled in the event of an appeal. Do you understand, both of you?”
“Yes, Your Honor,” Bennie answered, in unfortunate unison with Martinez, who had grabbed Linda’s other arm, like a legal tug-of-war.
Judge Patterson eyed Bennie in disapproval. “Ms. Rosato, does Ms. Stokowski appear on your witness list?”
“No, Your Honor, but I had no knowledge of her existence. Neither did the Commonwealth. I have no further cross-examination of my client, and in the interests of justice, Ms. Stokowski should be permitted to take the stand.”
Judge Patterson faced Martinez. “Mr. Martinez, what is the position of the Commonwealth?”
“Your Honor, I find myself placed in a very untenable position. I have an indicted defendant on trial in a murder case, but of course, the Commonwealth is as interested in justice as the defense. So for that reason, we will waive our procedural objection to Ms. Stokowski’s giving testimony. I gather that Your Honor intends for me to question Ms. Stokowski on the stand, in essence, taking a statement from her?”
“Yes.” Judge Patterson nodded. “Mr. Martinez, did you intend to cross-examine the defendant?”
Martinez frowned. “Yes, Your Honor, but any cross-examination I have could be informed by whatever Ms. Stokowski has to say.”
Judge Patterson nodded. “Then we’ll take Ms. Stokowski out of turn. You may postpone your cross-examination until after you have heard Ms. Stokowski’s testimony. Ms. Rosato, if you have further recross, or redirect, whatever you choose to call it, then you may also do so at that time.” Judge Patterson turned to Jason. “Mr. Lefkavick, you may step down.”
“Okay, Your Honor.” Jason rose and left the witness box, but as he approached Linda, he stopped in front of her. “Listen, you don’t have to do this. You really don’t.”
“Yes, I do,” Linda replied, shaken.
“Yes, she does,” Bennie said firmly.
“No she doesn’t,” Martinez snapped.
“Silence, order!” Judge Patterson commanded from the dais, then she frowned at Bennie. “Ms. Rosato, the only open question is whether you and your client are entitled to be present during this questioning.”
“Your Honor, Ms. Stokowski is an overwhelmingly important defense witness, and justice would be served if both the defendant and I were present, so that we could hear what she has to say firsthand and would be able to meet it better, if the case goes forward.”
“And you’ll behave?” Judge Patterson lifted an eyebrow.
Maybe. “Absolutely.”
“Please take your seat.”
“Thank you, Your Honor.” Bennie crossed back to counsel table and sat down next to Jason, whose eyes were riveted on Linda Stokowski.
Judge Patterson peered down at the witness. “Ms. Stokowski, do you have information relevant to this case?”
“Yes, I do, Your Honor. I was in the alley that night. I can tell you everything that—”
“Silence.” Judge Patterson held up a restraining hand. “It is my duty to warn you that any information you may give today could result in criminal liability. Do you have an attorney present to represent you?”
“No, I don’t need a lawyer.”
“Ms. Stokowski, you may well need a lawyer, and if you cannot afford one, I can call a public defender or have a lawyer appointed for you. They can be here before the close of court.”
“No, I really don’t want a lawyer.” Linda shook her head. “I know that I could be incurring criminal responsibility. I thought about this for a long time. I know what I want to do. I just want to tell the truth and make things right.”
Judge Patterson frowned. “Nevertheless, I heartily recommend that you allow me to appoint you a lawyer, and after consulting with him or her, you will be in a better position to waive your right to counsel, in a knowing and informed manner.”
“No, I don’t want to wait. I don’t need a lawyer. I’m waiving my right to counsel. I want to tell what happened. I can’t take it anymore.”
“Fine.” Judge Patterson paused, sucking in her cheeks slightly. “Ms. Stokowski, if it any point during the questioning you change your mind, say the word and we will get you a lawyer.”
“I know I’m not going to change my mind. I’ve been thinking about this forever.”
Judge Patterson’s gaze shifted to Martinez. “Mr. Prosecutor, I think it falls to you to Mirandize the witness, then she’ll take the stand, and I’ll rely upon you to question her.”
“Thank you, Your Honor.” Martinez turned to Linda, Mirandized her, then guided her to the stand, where the courtroom deputy swore her in. She sat down, tucking a strand of hair behind her ear.
Martinez pointed at the video screen. “Ms. Stokowski, is this you in this video?”
“Yes.”
“Have you been in this courtroom during this trial?”
“Yes.”
“Ms. Stokowski, why were you in the courtroom?”
“I’m here with my husband, Paul.” Linda bit her lip.
“Ms. Stokowski, were you in the alley on the night in question, with the defendant Jason Lefkavick and the victim Richie Grusini?”
“Yes, I was.”
“Ms. Stokowski, please tell us what happened, to the best of your knowledge.”
“Well, um, this is hard.” Linda kept her face turned toward Martinez and away from her husband, Declan, and Doreen. “I went to the alley around nine that night to wait for him. I knew from Paul that he and Richie would be at Eddie’s, and I knew that Richie always parked in that alley, so I went to see him.”
“Where did you wait for him?”
“By his car.”
“Ms. Stokowski, why were you waiting for Mr. Grusini?”
Linda hesitated. “I wanted to talk to him. I only wanted to talk to him.”
“Ms. Stokowski, what did you want to talk to Mr. Grusini about?”
“We had been having a … relationship, for about a year. It was a dark time for me, and I lost my way, that’s why it happened. I decided I wanted to end it because, well, I was pregnant. I prayed on it and I realized I wanted to get things right with my marriage and start over, but the right way. I wanted to be honest with Paul and tell him about me and Richie.”
Bennie felt a stillness in the courtroom that she knew was the impact of the revelation being absorbed. Paul would hear it, agonized, and she couldn’t imagine what Declan was thinking. Jason stayed perfectly still, riveted to the stand.
“Ms. Stokowski, what happened in the alley?”
“Richie came in the alley, and he saw me. I told him that we had to end the relationship and tell Paul everything. He got angry, very angry. He said, ‘you don’t ditch me, I ditch you.’ He said he didn’t want Paul to find out. He shoved me. I fell, which was really scary, because of the baby.”
“Ms. Stokowski, how many months pregnant were you?”
“I was six months pregnant. When I hit the ground, it worried me. I worried for the baby.”
Bennie remembered that the figure in the video appeared to be carrying something. The figure was Linda, and the bulge must have been her pregnancy. Then Bennie flashed on the pacifier that she’d seen in the alley, wondering if it belonged to Linda.
Martinez cleared his throat. “Then what happened, Ms. Stokowski?”
“I got really nervous, like, I was scared out of my mind that he was going to hurt me. Richie had a terrible temper. He got, like abusive, calling me a whore and whatnot, so I pulled out my knife, it’s a hunting knife. I bought it a long time ago and I kept it around the house for protection.”
“Ms. Stokowski, where did you pull a knife from?”
“It was in my coat pocket.” Linda shook her head. “I brought it that night for protection. Just in ca
se. I wasn’t going to use it. I swear to you, I didn’t want to kill Richie, or anybody. I just needed it in case Richie tried to hurt me. I wouldn’t have done it otherwise. I’m so bad with it that I dropped it when I hit the ground. Richie picked it up.”
“Ms. Stokowski, did there come a time when the defendant appeared in the alley?”
“Yes. All of a sudden, Jason, the defendant, he came in the alley.” Linda gestured at Jason. “He saw me on the ground and he said to Richie, ‘Hey, stop, stop this.’ Richie told him to ‘get the eff out’ of there, but he wouldn’t go. Jason told Richie to leave me alone, but Richie picked up the knife. I’ll never forget what he said—‘Bitch, I’m going to cut that effin’ baby out of your belly.’”
Bennie recoiled, imagining how terrified Linda must have been.
“And then it happened so fast. Jason rushed at Richie, but Richie punched him really hard in the forehead, and the knife went flying.” Linda’s eyes widened, the memory horrifying her. “Jason went down, he wasn’t unconscious, and right then I, like, dove for the knife and got it. I stood up, I held it out toward Richie. I didn’t want him to come near me or the baby. I tried to back up but Richie came after me. He tripped and fell forward. The knife got him in the neck.”
“And he fell down, the knife in his neck?”
“Yes, he fell down, like to his knees. I didn’t know what to do, so I took the knife out.” Linda grimaced, agonized. “Blood went all over. There was so much blood it got on Jason and me. Then Jason got up and came up behind me and he said, ‘give me the knife and go.’”
“Ms. Stokowski, what did you do or say when the defendant said that?”
“I said, ‘no, I’m not going to go.’ I said to him, ‘why do you want me to give you the knife, you didn’t do anything, you saved my life, my baby’s life.’” Linda faced Jason, her eyes glistening. “He said, ‘you’re a mom and you can’t go to jail and leave your baby. I know what it’s like to grow up without a mother, and I don’t want to do that to your baby, so give me the knife. You go over that wall over there, I’ll help you.’”
Bennie heard Jason emit a low sigh.