AllFreeNovel
Share Us
DuBose countered, “That is not the issue. Mr. Battle got a search warrant, so Hester and McClannan are irrelevant to this discussion. Thus, the defense should have the ability to cross-examine the person who told the police of the object and its location. Your Honor, they are holding this out to be the alleged murder weapon and that it was found on the defendants’ property. Thus, it constitutes evidence so critical to our clients’ ability to receive a fair trial that it must be held up to the strongest possible scrutiny. Otherwise, any fairness to our clients is irreversibly destroyed. It would be like having an eyewitness to a crime on the stand and not allowing defense counsel to cross-examine that person.”
Battle snapped, “Counsel is attempting to impugn the integrity of the evidence.”
DuBose retorted in a deeply strident voice, “I’m trying to evaluate the integrity of this purported evidence, but the prosecution doesn’t seem interested in allowing us to do that. So, is it admissible on its face, or do we get an opportunity to question the person who told the police where the object was located, so we can determine if that person is reliable and has no conflict that might taint his or her motive in leading the police to the proffered evidence? I can’t think of a better example of a defendant’s rights under the Sixth Amendment to confront one’s accusers than that! And my clients deserve nothing less. No one, regardless of who they are or what color their skin is, deserves less in any court of law in this whole damn country!”
Battle apparently had nothing left in his legal repertoire to respond to DuBose’s pinpoint barrage. He just stared pleadingly up at the judge.
Ambrose seemed totally unsure of what to do. He looked around the room and Jack followed his gaze until it came to rest on... Howard Pickett. The coal millionaire didn’t say anything, didn’t move a muscle. He just stared right back at the judge.
Jack turned to see the reporters writing down every word DuBose had uttered.
A thoroughly out-of-his-depth Ambrose rubbed his mouth and said, in a halting voice, “I’m... I’m going to... deny your motion, Miss DuBose, and allow Mr. Till to testify without putting on the stand the person named in the affidavit.”
DuBose stared at him and he looked back at her for a moment that seemed to stretch to eternity, before Ambrose flinched and dropped his gaze.
She said, “I renew my objection and I will take it up posthaste with the Virginia Supreme Court, and we will get this piece of alleged evidence thrown into the garbage, where it belongs.”
Ambrose cast her a nasty look and snarled, “I’m sure you’ll try!”
A seething DuBose sat back down to find Jack beaming at her. “What?” she snapped in a sharp tone, scowling at him.
“Now that was Desiree DuBose, the legendary trial lawyer fighting for her clients to the fullest. And I have to tell you, it was pretty damn awesome to behold.”
DuBose’s cheeks flushed and she smiled self-consciously at his praise.
A clearly rattled Battle turned back to the witness. “All right, Mr. Till. Did you examine this object?”
“I did.”
“And your findings?”
“I’m no expert, but it looks to be a pretty old Army-issued bayonet or weapon of some kind. It has blood on it. The blood matched both the Randolphs’ types, though I can’t tell for certain that it is their blood, since there is no medical test to determine that. However, the blade does correspond with the wounds I found on the couple.”
“And it’s a matter of public record that Jerome Washington served in the Army,” Battle said to the jury.
DuBose got to her feet. “Mr. Till said it was pretty old, but the record also shows that Mr. Washington just got out of the Army a little over a year ago. So how old is old?”
Battle turned to her. “I’m not necessarily saying this thing was issued to him while he served, but since he was in the military he probably would have access to God knows how many weapons and such, including ones like this.”
“You have no proof it was issued to him,” retorted DuBose. “Or that he had access to weapons like this one. And I thought trials were all about proof.”
Ambrose smacked his gavel. “Your position is duly noted, Miss DuBose. But I’m going to let Mr. Battle continue with his examination of this witness.”
Battle said, “Thank you, Your Honor.” He turned back to Till. “Any fingerprints on it?”
“No, sir, it was wiped clean.”
“Deliberately?”
“Objection, speculation,” instantly barked DuBose.
“Sustained.” Ambrose eyed her severely. “I’ll give you that one.”
“I have no further questions,” said Battle.
“Defense?” said Ambrose.
Jack and DuBose held a hurried conference. “May we see the weapon first? Or is that asking too much?” DuBose said coldly.
