no matter what you and Henry said about her, but today she stepped up to the plate in a big way. And I understand why she did what she did. She had to stop Felton any way she could, and she had a strong feeling that Jeffries was setting you up and that he was going to get away with it.”
“Why did Merton drop his objection?” Jack asked.
“I think I know,” Tom said. “Danni’s testimony about what happened ten years ago was very believable. A jury could understand after that testimony why you decided to represent Felton. They could let you go without ever determining that Sam Jeffries did anything wrong. This gun testimony, even though it’s true, requires the jurors to believe Danni over Sam Jeffries and makes Jeffries a criminal. Jeffries is well thought of in this community and he is the ultimate victim in this case. Making Jeffries look like a criminal is going to be a hard thing for them to do and that’s what Merton is banking on.”
“But it’s the truth. Why would Danni lie? Why would she subject herself to criminal prosecution?”
“That’s Merton’s hurdle—finding a motive for Danni’s having lied. I’m sure he’ll come up with something. He’s a very resourceful fellow. We could pull the plug on him though.”
“What do you mean?”
“I don’t have to ask another question. I don’t have to put the proffered testimony before the jury. That way, Merton could only cross Danni on what she already testified to—and that’s basically planting the knife ten years ago.”
“What’s our advantage in that?”
“If the jury believes her, they see you in a different light. They don’t have to determine that Jeffries is a criminal. It’s still a risk, but you and I both know that you win in this game hitting singles and doubles. Trying for a home run, like Merton did when he cross-examined you, can get you in a lot of trouble.”
“What do you recommend, Tom?”
“Let’s play it safe. Let’s throw Merton a curve ball. We’ll leave the gun stuff out.”
“I can’t do that. I hear everything you’re saying, Tom, and I agree with you for the most part. But Danni put her life on the line by breaking into Sam’s home and then by testifying about it. I can’t just throw that away because it’s good strategy.”
“This isn’t about Danni’s feelings, Jack. We want to get you out of jail. You can spend the rest of your life with her if you like.”
“What’s that supposed to mean?”
“It’s pretty obvious to me that you love this woman. I think Henry and Ron would tell you the same thing if they were here. I just don’t want your feelings for her to cloud your judgment as a lawyer because this is your decision to make.”
“You’ve been straight with me all the way through this trial, Tom, even though I don’t agree with all of your assessments. And you stuck with me when I made decisions you didn’t agree with. As a lawyer, I know how hard that is. But I’m going to ask you to do it one more time. I want Danni to testify to everything. That’s what she came here to do, and it’s the truth. I’ll live with the consequences.”
“Okay, Jack. I just hope Merton is not as good as I think he is.”
Chapter Sixty-Eight
Judge Holbrook re-convened the proceedings at one o’clock. Neither the gallery nor the jury was in the room.
“Do we have anything else to discuss before we bring everybody back here?”
“No, Your Honor,” said Merton.
“No, Your Honor,” said Tom.
“Just for the record, Mr. Wylie, you are going to ask questions about the proffered testimony, specifically about Ms. Jansen’s breaking into Chief Jeffries’s home and finding a gun and her belief that the gun belonged to Thomas Felton.”
“Yes, Your Honor,” Tom replied.
“And you have no objection to that testimony, Mr. Merton?”
“That’s correct.”
“Okay,” said the judge, obviously a little exasperated. “Let’s bring in the gallery first and the witness. Then when everybody is seated, we’ll bring in the jury.”
It took fifteen minutes to get the gallery seated and a couple more for the jury. Eventually, everybody was seated and ready.
“Mr. Wylie, you may proceed.”
Tom went to the podium and proceeded to ask Danni the same questions he had asked that morning. She told the jury in a straightforward fashion how she broke into Sam’s house, found the gun, and why she believed it was Felton’s gun. Robert Merton did not raise an objection. When Tom was finished,