Private Practice Ch. 03

"Don't you have to be at the Courthouse?" Cindy asked. "You're on the witness list."

I replied: "I'm being called by the Defense, so Judge Folsom is allowing me to be here at Headquarters, protecting and serving, serving and protecting, while Fineman is putting on the Prosecution's case. Fineman bitched about it, and wanted me sequestered in the Witness Room at the Courthouse, but Folsom just admonished me to not try to follow the trial. Soooooo, here I am."

"Well, I do have to be there." Cindy said as she got up. "So I'll head on over now..."

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

8:50am, Monday, August 30th. Chief Deputy Sheriff Cindy Ross came into New Courtroom. The creases on her uniform were sharp enough to cut someone's fingers, and her shoes were shined to the Airborne standard... well, at least the one-jump standard she had achieved. (Author's note: 'Jump!'.) Her badge and the gold stars on her collars and her other insignia were gleaming, having been properly shined.

Unfortunately, that could not be said of the other Bailiffs in the hallway and the Courthouse, and they knew it when they saw her eyes silently inspecting them as she passed by them. She sought out Chief Bailiff Clark Alexander, who held the rank of Captain.

"Mr. Alexander," Cindy said when she found him, "this is a huge trial, with a lot of publicity, and with Media crawling all over the palace... and I see Bailiffs and Deputies with unpressed uniforms, unshined shoes, and dull badges and insignia. It's totally unacceptable, and I expect you'll have a conversation with all of them, and things will look much better tomorrow."

"With all due respect, ma'am," Alexander replied, "we're not the military, here."

Cindy held her temper, and refrained from ripping the respected Captain Alexander apart. She merely said "Commander Troy will be here when the Defense begins its case. No one in this world has more influence with the Sheriff, and he will not accept what you just said to me as an excuse. If you don't want to get jacked up, get your people's acts together. Just some friendly advice, there, Captain."

And with that she moved away from him and into the Courtroom....

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

"Oyez, oyez, oyez." said the New Courtroom head Bailiff. "Please rise. Court is in session, the Honorable Patrick R. Folsom presiding."

Everyone stood as Judge Folsom entered the Courtroom via the back door that led to his and the other judges's chambers, sat down, and said "Be seated. Call the first case."

The Court Reporter, an attractive middle-aged woman with shapely legs, said "Town & County v. Stanley Locklear, Case number 36123."

"Prosecution, Defense, are you ready?" asked the Judge.

"Ready, Your Honor." ADA Savannah Fineman said. Michael Thomas McGill said the same words.

Judge Folsom went through the paperwork, including having Stanley Locklear enter his plea of 'not guilty'. Once all that was done, he said "Bring in the Jury pool."

"All rise." intoned the Bailiff, and everyone (except the Judge) rose as 60 Citizens who had drawn Jury Duty entered the Courtroom and were instructed to sit in the benches on the right side, the side where the Prosecution was. The first twelve persons were instructed to move up to the Jury Box, which was against the wall on the right side of the Courtroom, where they were questioned by both attorneys.

Over time, each juror was asked if he or she had been the victim of a crime of violence. Two who had been robbed at gunpoint, one of the witnessing someone else shot and killed in New York City, were excused. Savannah Fineman asked each prospective juror if he or she was gun owner, and Michael McGill immediately objected. The objection was sustained by the Judge. Savannah then asked if each juror was a member of the NRA, and moved to strike-for-cause the six who were, over the objection of Michael McGill. The judge excused all six for cause.

McGill asked if the jurors were married, if they'd been divorced, and if they'd been through marriage counseling. He also asked if any of the jurors were members of any group or organization that was anti-Second-Amendment or anti-gun-rights. The judge refused to strike-for-cause the four who admitted to being members of such groups, which would force McGill to use four of his nine strikes (Fineman had eight) on them.

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

Meanwhile, Teresa and I were in a meeting with Captain Michaels and her three Division leaders, as well as the Precinct Captains and Lieutenants and Sr. Sergeant McGhillie in Classroom 'E'.

"It was just that fast, sir." said Vice Lieutenant Rudistan. "They hit the first store, took less than one minute, and by the time we were responding to the first call, they were hitting the second. And by the time we heard about that one, they were gone."

I said "Did we get any video of them?"

"Yes sir." said Intel Lieutenant Mary Milton. As she showed some street camera and building camera video, she said "Here's the video of the first store they hit. One new wrinkle is two people went into the store while two waited in the car. Usually it's just one in the car. Again, can't see anything about them. And here's the route the Toyota Camry took, going south then east towards the Midtown Highway. Just not much to see."

I nodded. "They're goading us." I said. "Call it a hunch, but I get the feeling they did this just to wave a red cape in our faces. So no reports of drug activity?"

"Not here, sir." Mary said. "Midtown and Southport also reported nothing exceptional over the weekend. And if I may offer my unsolicited opinion, sir... I agree that this was an 'in-your-face' move by the gang, especially after the recent Media coverage they were getting. It's almost as if the Media talked about them, and they gave the Media more to report on."

I said "Good thought. And the Media was sure all over this latest action, weren't they? Almost as if they knew in advance... or worked with the perps to stymie us."

Then I said "Okay, I don't think there was much we could do about that hit, and we're just going to have to catch a break to get them. If they're smart, and that's not a given, they won't hit this area again for a while."

"So," I went on, "I want to change the subject and ask you Precinct leaders about the Union grievance over the Internal Affairs leader position. Are our Officers really that upset about that?"

2nd Precinct Captain Abram said "No sir. I never heard a thing. And I'll add that when the Media broke the story this morning, it was the first a lot of the Officers had heard about it. And some of them even said what I was thinking: why would they want an I.A. leader in place nosing in their business? Most Officers don't consider I.A. to be their friend."

"Same with 1st Precinct, sir." sad 1st Precinct Captain Hewitt. "The rank and file are more afraid of upsetting you than having I.A. in their faces, and I mean that in a good way; they don't want to disappoint you."

"Those are really good points." Teresa said. "So, any idea who is ginning up the angst?"

"The Media, ma'am." said 2nd Precinct Lieutenant DeLong. "This is exactly the kind of crap KXTC routinely does. Sometimes they try to get our Officers to say something they can twist into a problem, but on this one I can't find anyone who will admit the Media spoke to them."

"And they're good about letting us know when the Media tries to talk to them." said Captain Abram.

"All right." I said. "If y'all hear anything, let Commander Croyle know immediately. And encourage your people to come to you with any information on this they might have. I'm not looking to get anyone in trouble. And if the Media is trying to gin up something, I want to know, so I can pound their asses into the dirt..."

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

Some Courts have the jury pool come back into the Courtroom, stand up one by one, and the Prosecution and then Defense either accepts or strikes them. Some Courts have a piece of paper with the names, and the Clerk or Court Reporter takes the sheet to the Prosecution table then Defense table and the attorney checks or strikes the name. In the interest of time with the large pool, the latter was done for this case on this day.

At 1:30pm, Sheriff Griswold was sitting in my office enjoying a post-lunch cup of coffee and talking about how fast the kids were growing up, when his cellphone chimed with a text. "It's from Cindy." he said. "They've seated a Jury of twelve, with six alternates. And within the 60 of the pool."

"Wow." I said. "So the Media's relentless discussion of it didn't taint the jury pool as much as they hoped."

Another text chimed on the Sheriff's cellphone. He said "Seven women, five men. Three of the women and one of the men are black. One of the men and two of the women are Hispanic, and one man is Asian. They can't whine about a lack of diversity, there..."

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

At 2:05pm, ADA Fineman began her opening statement, of which excerpts are presented here: "Ladies and Gentlemen, I intend to show that Stanley Locklear is a depraved, gun-toting, wild west vigilante seeking out opportunities to use his gun to kill other human beings... I will show that Stanley Locklear knew that the men in the roleplay sex acts with his wife were acting, and that he knew he was their business partners..."

Fineman: "I will show that they were not armed, but were gunned down in cold blood rather than held at gunpoint... I will show that the Defendant ignored his duty to retreat, but aggressively and purposefully went for his gun with the intent to shoot and kill them..."

When it was Michael McGill's turn, he said "The 'Castle Doctrine' is a long-held tenant that a man has a right to defend his home and his family... my client had the right to stand his ground in defense of his home and his wife... my client has the right to Keep and Bear Arms, a sacred right under our Constitution... I will show that my client's actions were in self-defense and the defense of his family, and that he did not know of the roleplay his wife set up without his knowledge..."

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

(Author's note: Readers are again encouraged to (re-)read 'Break-In' for the details of Locklear case. I will gloss over them here.)

ADA Fineman began building her case. First, she showed the home video made at the Locklear home that night, showing the masked Tom Maple and Chuck Hogue 'raping' Marla Locklear in front of her tied up husband, then showing Stanley getting free, going for his gun, and shooting the two 'perps'.

Several Police Officers, including Lieutenants Joanne Warner and Theo Washington were called to the stand and meticulously led through the investigation of the crime scene. But some Officers, including me, Teresa, and Roark Coleman, had not been called by the Prosecution.

When Joanne was on the stand, Fineman asked "When you arrived, did Mr. Locklear cooperate with the Police?"

"He refused to answer our questions without having a lawyer present." Joanne replied.

"And did Mrs. Locklear cooperate?" Fineman asked.

"Yes, she cooperated fully." Joanne said.

"Was Mr. Locklear read his rights?" Fineman asked.

"Yes." said Joanne. "He was Mirandized when his lawyer arrived, and before he answered any questions."

Fineman put the fake firearms into evidence, then took pains to elicit testimony that the firearms the perps used were fakes. She also made sure to point out where in the room the fake guns were; on the bedside table on Marla's side of the bed.

On cross-examination, Michael McGill said "Did the Police reach a consensus agreement on the shooting, that it was either a tragic accident or an intentional murder?"

"Objection, calls for speculation." Savannah called out.

"Your Honor," said McGill, "I'm establishing reasonable doubt by showing the Police had not reached a conclusion about the case, and that the Prosecution jumped the gun, pun not intended, when taking the case to the Grand Jury prematurely."

"Answer the question." Judge Folsom said. Joanne replied that no agreement had been reached.

McGill's other cross-examinations brought out what Fineman had not, but since most of the testimony was just factual about the crime scene, there was not much for him to do. He did lay some groundwork by asking several Officers where the ammo had been found, how much was there, etc.

A stipulation is a piece of evidence or factual information agreed upon by both sides. As part of his cross, McGill brought out the stipulation that only Stanley's fingerprints had been found on his gun and its ammunition.

"I'd like to enter these records into evidence." Fineman said. They were records of Stanley Locklear buying ammunition and range time at Cosby's Gun & Safe store. Then she called employees there to the stand and forced them to confirm that Stanley Locklear had used the range frequently in the months and weeks prior to the incident.

She also asked if Locklear had discussed feeling like he was in danger, or if he were practicing for self-defense reasons, and they said he had not. McGill was forced on cross to ask them what did he talk about, and they said 'not much of anything'...

As the end of the day neared, Fineman called to the stand a smarmy-looking young man named Walter Fuqua. She established that he was an author of a book and several articles about the National Rifle Association. She asked that he be declared an 'expert' witness, and Judge Folsom granted it.

"Mr. Fuqua," Fineman said, "how would you characterize the NRA's so-called defensive shooting courses?"

"They're more like combat shooting courses." said Fuqua in his nasally voice. "They're completely offensive in nature, not defensive."

Fineman: "So anyone taking these courses is being taught how to use guns as offensive weapons to kill people, is that right?"

Fuqua: "That is how I characterize them."

Fineman: "And the NRA-taught courses make their students much more comfortable with the casual use of guns, is that right?"

Fuqua: "I agree with that.

When it was McGill's turn to cross-examine, he said "Mr. Fuqua, were or are you a member of an organization called 'Everytown For Gun Safety'?"

"Uh, yes." said Walter Fuqua.

"And is 'Everytown For Gun Safety' a close partner of the 'Brady Campaign to Prevent Gun Violence'?" McGill asked.

"They do work together." Fuqua admitted.

"And these organizations are dedicated to gun control, and are in active opposition to the NRA, is that not right?" McGill fired. Fuqua was forced to admit that it was. McGill was not finished: "And you are registered as a lobbyist for gun control groups? And you're dedicated to gun confiscation, and opposing the NRA at every turn, is that not right?"

Fuqua tried to downplay it, but McGill entered into evidence many documents, including Fuqua's registration as a lobbyist. Fuqua's credibility as an 'expert' was severely mitigated...

Part 20 - The Trial of Stanley Locklear, Day 2

"This is Bettina Wurtzburg, KXTC Channel Two News!" shouted the redheaded MILF reporterette at 7:00am, Tuesday, August 31st, from the anchor desk at the KXTC studios. "The Prosecution scores big in the Locklear capital murder trial!"

After the hard-charging intro music, Bettina began: "Legal experts are saying that ADA Savannah Fineman is building a strong case showing that Stanley Locklear is a depraved vigilante that used a gun not in self defense but as a weapon of violence to murder two unarmed men."

Bettina: "And today is even more important for the Prosecution, as the widows of the men Locklear shot dead will take the stand and give testimony. After that will be the star witness, Marla Locklear. She will be testifying about what really happened that night, and experts say her testimony could put her husband on Death Row..."

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

The Bailiffs looked much more squared away this morning, Cindy observed as she came into the Courtroom at 8:30am. Reporters were already scrambling for seats, and it was expected the room would be packed by the time the trial began. She saw Michael Thomas McGill at the Defense table. To her surprise, she couldn't get any vibe from him, good or bad, nervous or calm. Inscrutable... like Teresa could be at times.

As proceedings started, ADA Savannah Fineman called Harriet Hogue to the stand. Under questioning, Harriet had to admit that the company was beginning to slip financially and that they were going to not only deny Stanley Locklear a partnership, they were going to terminate his employment. Fineman also asked if Harriet knew that her husband was participating in the sexual roleplay, and Harriet said she was unaware of it.

Then Michael McGill got his turn. Under cross-examination, along with introducing Police interviews at the time, Harriet was forced to admit that while she liked Stanley Locklear just fine, she and Marla Locklear did not get along. And then McGill asked "Mrs. Hogue, did you ever have sexual relations with Tom Maple?"

"Objection!" yelled Fineman. "Relevance!"

"Sustained." said Judge Folsom, just a shade too laconically.

"No more questions, Your Honor." said McGill. "But I would like to have this witness subject to recall."

"Objection!" yelled Fineman. "Defense counsel should finish his questions of this witness now."

"Approach the bench." said Judge Folsom. The attorneys rushed up, almost as if it were a race. The Judge asked quietly "Why can't you finish your questions of this witness now?"

McGill said "I intend to show the relevance of the question of this witness having a sexual affair with one of the victims, but you won't let me ask the question now, Your Honor. So I want to be able to call her back when I can show the relevance more strongly."

Fineman countered: "Your Honor, the question is irrelevant now, it will be irrelevant at any and every point of the trial. If he has further questions that are relevant, he needs to ask them now, and allow the witness to be released."

"Your Honor," said McGill, "is the Prosecution resting, so I can begin putting on my defense now?"

"Stop your crap, McGill." snarled Judge Folsom. "At the same time, I'm not going to help you lay grounds for appeal. The objection is overruled. The witness will be subject to recall."

Tia Maple was called to the stand. Her demeanor towards Savannah Fineman was much less friendly than Harriet Hogue had been. Fineman was attempting to use Tia to corroborate Harriet's testimony about the company, but Tia didn't have as much knowledge about it. Tia did confirm that her husband Tom had mentioned possibly firing Stanley Locklear.

Michael Thomas McGill drew out Tia's dislike for Marla Locklear, then asked "Before the night of the shootings, did your husband and the Defendant's wife, Marla Locklear, have a sexual relationship?"

"Objection, calls for speculation." said ADA Fineman.

"I'll re-state the question." said McGill. "Mrs. Maple, did your husband ever tell you he had had sex with Marla Locklear?"

"No sir." said Tia.

"Did you ever acquire knowledge that they were in a sexual relationship?"

"Until the night Tom was shot after having sex with Marla," Tia replied, "I didn't have any proof, just suspicions."

"Move to strike, Your Honor." Savannah said. "Speculation."

"It's also in her testimony to Police, Your Honor." said McGill.

"Objection overruled." said the Judge. "But no more speculative questions, Counselor..."

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

After lunch, the star witness was called to the stand. Marla Locklear was wearing a nice blue-based, flower-print dress that looked good on her, and navy blue high heel pumps that shaped her legs and saucy ass nicely. She was sworn in and asked to sit down.