New Tricks - By David Rosenfelt Page 0,59
to be going through this, and he tells both sides to be economical with their time. This is going to be done before lunch, or he’s going to have the attorneys for lunch.
I am very concerned about this hearing, and it has nothing to do with the number or quality of lawyers that Robinson has enlisted to represent him. The fact is that I have very few legal bullets to fire; if I were Markinson I would view this as a slam dunk.
More important are the stakes involved. I don’t trust Robinson and view him as a possible suspect in the Timmerman killings, which automatically makes him a suspect in the attempted Waggy killing. Even if he were innocent of all that, I certainly don’t trust him to protect Waggy in the way that I have been doing.
Complicating matters is my inability to share with the court the danger that Waggy is facing. Clearly I can’t reference what Childs confessed to Marcus, and without that I have no evidence at all of any threat to Waggy.
I am also in the uncomfortable position of not really having a positive goal that I can verbalize. Robinson’s is clear: He wants to be named custodian of this dog. My preferred outcome is more vague. I want to maintain my role as the court-appointed decider when it comes to Waggy’s future, even though I have done nothing but avoid making a decision for months.
What I want is for Steven to take custody, but I certainly can’t guarantee with any certainty at all that Steven will ever again be in a position to do so. Hatchet knows that as well as anyone. I have to try to play a continuing delaying game until I can win Steven his freedom.
Markinson calls as his first witness a trainer named Pam Potter. She has been the primary trainer of Robinson’s show dogs for four years, and she describes the conditions that Robinson provides as humane and perfectly acceptable.
“You would be aware if that were not the case?” Markinson asks.
“Oh, yes. I’m around the dogs all the time. I wouldn’t stay there if they were being mistreated. I love dogs far too much for that.”
“And Mr. Robinson provides whatever veterinary care is necessary?”
“Certainly. Money is never an object.”
Markinson turns the witness over to me for cross-examination, but before I can start, Hatchet calls both of us to the bench for a whispered conference. He directs his comments to Markinson.
“What was that witness all about?” he asks.
Markinson is taken aback by the question; he’s not used to Hatchet’s eccentricities. “Well, Your Honor, we were using her to show that the dog will be well cared for by Mr. Robinson.”
“Why?”
“So that you would feel comfortable awarding the dog to him.”
Hatchet gives him the icy stare. “This dog is not going to the person who will provide the cushiest life. He is going to the person with the strongest legal claim to him. So stick to the ownership issues.”
“Yes, Your Honor.”
“I would still like to cross-examine this witness, Your Honor,” I say.
“To what end?”
“To challenge what she said.”
Hatchet is not very adept at concealing his annoyance. “I just told you that what she said does not matter.”
“I understand, but it’s still in the record, and I would not like the record to show that it went unchallenged.”
“For possible appeal?” Hatchet asks.
“If we don’t prevail here,” I say. I’ve got to be careful with this, since Hatchet is not only the judge, he is also the jury. It doesn’t make much sense to piss him off.
“If you take more than fifteen seconds to cross-examine this woman, then it’s a good bet you won’t be prevailing,” he says.
I nod, and Markinson and I go back to our respective tables. He has been “Hatcheted” for the first time, and seems a little shocked by the experience.
“I have no questions for this witness,” I announce, and I see Markinson smile when I say it.
Markinson calls Charles Robinson to the stand, and studiously avoids asking any questions about how well the dog will be treated. He focuses on his friendship with Timmerman, and their partnership in owning three dogs, none of whom is in competition anymore.
“This dog was special to Walter,” Robinson says. “He told me many times that he thought he could be a champion. I know he would want me to help realize that dream.” The words would be enough to make me gag no matter who said them, but coming out of the mouth