Judge Holbrook walked into the room, his black robe flowing. Everybody stood up.
“Be seated,” he said. They obeyed promptly, like cattle following the lead of their master. Judge Holbrook addressed the gallery again. “Those of you who are new, let me advise you that your presence here is a privilege. If you make any comments whatsoever or any gestures of any kind, you will be removed, and you may be held in contempt of court. Do you all understand?”
There was a collective “Yes, sir” as heads nodded in assent.
The judge next turned to the lawyers. “Do we have anything to discuss before I bring the jury in?”
“No, Your Honor,” Merton replied.
“No, Your Honor,” Tom said.
“Bring the jury in,” Judge Holbrook told the bailiff.
After the jurors filed in and were seated, the judge looked at Robert Merton.
“Call your next witness, Counsel.”
“The State calls Phillip Hughes.”
One of the bailiffs left to retrieve the witness. Jack looked at Tom.
“The handwriting expert,” Tom said.
Jack smiled.
Moments later Phillip Hughes entered the room and swore to tell the truth. He then took the stand and gave his name and occupation. That’s when Tom stood up.
“Your Honor, if I may, it is the defendant’s assumption that Mr. Hughes is here to identify the defendant’s signature on the contingency fee agreement and the claims bill. In order to save time, we will not only stipulate that the defendant’s signature is contained on those documents, we will stipulate them into evidence if the prosecution chooses to offer them as evidence.”
The judge immediately looked at Merton, who knew he’d been had.
“Do we need this witness for anything else, Mr. Merton?”
“No, Your Honor.”
“Mr. Hughes, you may step down. Call your next witness, Counselor.”
Judges loved to move things along.
“The State calls Sam Jeffries.”
It seemed as if everyone in the room shifted position at the sound of Sam Jeffries’s name. There were some low murmurings as well, but they stopped immediately after Judge Holbrook stared into the crowd.
Sam entered the courtroom wearing a brown suit. Apparently Merton thought the uniform would be a little much. It wasn’t needed anyway. Everybody knew Sam was the chief of police. The clerk swore Sam in, and he immediately took over the witness chair. He was so big that the chair just disappeared under him, giving the appearance that he was sitting on air.
Merton started slowly, having Sam tell the jury about his history in law enforcement, but he heated things up rather quickly, interrupting Sam at the part of his career where he was heading the task force.
“Was there anything wrong with the task force’s investigation of the serial killings?”
Tom stood up. “Objection, Your Honor. Relevancy.”
“Overruled.”
“May we approach, Your Honor?” Tom asked.
“I have ruled, Counselor.”
Tom did not sit down. “Your Honor, I have to make my record for an appellate court, if necessary. This is a very important point and I need to be heard.”
The judge glared at him. “Your objection is noted.”
“A general objection does not preserve the record, Your Honor.”
The judge knew Tom was right. “Approach.”
He laid into Tom when they reached sidebar. “Counselor, when I have ruled, I don’t want any further discussion.”
“With all due respect, Your Honor, I represent a man who is on trial for his life. I need to make my record, and the court has an obligation to allow me to do so.”
“Don’t tell me about my obligations, Counselor.”
Tom didn’t answer. He’d made his point and the judge knew it. There were a few moments of silence before Holbrook spoke again.
“Go ahead, make your record.”
“Your Honor, we can’t rehear the appeal of Thomas Felton. The Florida Supreme Court ruled on that case. The question Mr. Merton asked and the ensuing questions that I anticipate he will ask are an attempt to tell this jury that what the supreme court ruled concerning the evidence in that case wasn’t true. This court cannot allow that to happen.”
The judge looked at Robert Merton. “Mr. Merton?”
“We’re not trying to overturn anything, Your Honor. You will not hear me mention the supreme court. I’m just asking this witness about what he did and what he observed. Mr. Wylie is free to cross-examine him as he sees fit. The testimony is relevant because it goes to Mr. Tobin’s motive.”
Tom interjected without being asked. “He’s about to contradict the findings of the Florida Supreme Court. He can’t do that.”
“I’m going to allow it,” Judge Holbrook said. “But only to a limited extent. Mr. Merton, I don’t want you spending all day on this stuff and I