“And you’ve told the jury that you will tell the truth even if it means the woman you love goes to prison for the rest of her life. That’s what you’ve sworn to do in this courtroom today. True?”
The way Ortiz asked the question made Alex suck in a quick breath, realizing that Ortiz had set Bonnie up, making it appear that Bonnie knew something harmful to her that she was bound to disclose, and if she didn’t, if she denied whatever it was that Ortiz would confront her with, the obvious inference would be that she was lying.
“Yes,” Bonnie said.
“Thank you, Dr. Long. Now, I understand that you and the defendant didn’t talk about the charges against her in this case, but did you and she talk about the Wilfred Donaire case?”
“Yes, we did.”
“What did you talk about?”
“I don’t know. A lot of things.”
“Did you talk about whether the defendant thought Mr. Reed was guilty?”
“Yes.”
“What did the defendant say about that?”
“After he was acquitted, I asked her if she thought he was guilty, and she said she didn’t know and that she had to accept the jury’s verdict.”
“At any time after that, did the defendant ever tell you that she knew Dwayne Reed was guilty?” Bonnie hesitated, biting her lip and looking at Alex. “There’s no need to look at the defendant, Dr. Long. She can’t tell you what to say. Please answer my question.”
Bonnie blinked, stared at her lap for a moment, and took a deep breath.
“About six weeks after the trial, we were talking. I was trying to get her to stop driving by the Hendersons’ house every day because I was afraid of what would happen if Reed saw her.”
“And?”
Bonnie wrung her hands. “And that’s when she said it.”
“Said what?”
“That Dwayne was guilty, but that’s not-”
Ortiz interrupted, raising his palm. “Thank you, Dr. Long. You’ve answered my question.”
“But, that’s not fair!” Bonnie said. “You’re taking it completely out of context. I tried to tell you that when you questioned me in your office, but you wouldn’t listen.” She turned to the judge. “Your Honor, don’t I have the right to explain?”
“Your Honor,” Ortiz said, “the witness answered my question.”
“And you can leave it at that,” Judge West said, “and let defense counsel give her a chance to explain or do it yourself. Your choice, Counsel.”
Alex ducked her head, not wanting the jury to see her grinning. It was the closest Judge West had come to ruling in her favor. It wasn’t a big deal by itself, but jurors want to know which lawyer is bringing them the truth, and the lawyer who is unfair with a witness isn’t likely to be that lawyer. Ortiz knew that as well as Alex did. Either he had to let her explain or he’d come across as being unfair or, worse, deceptive.
“Dr. Long,” Ortiz said, “please finish your answer.”
Bonnie sniffed. “When she said that, I asked her if she was serious and she said she’d misspoken and that it was Detective Rossi who thought he was guilty.”
Ortiz smiled broadly, pretending he liked her explanation, ready to move on. “When did you first learn that the defendant had bought a gun?”
“After Alex was arrested.”
“Not before? She never told you?”
“No.”
“A few minutes ago, you testified that you and the defendant never kept secrets from each other. But you were wrong because she did keep secrets from you. True?”
“I wished she’d have told me, but I’m sure she had her reasons.”
“But that wasn’t the only secret she kept from you, was it?”
Bonnie shook her head, her voice soft. “No.”
“She told you she was working late when in fact she was going to the Bullet Hole two to three times a week to practice her marksmanship.”
“Yes, that’s right.”
“That wasn’t just a secret. That was a lie, wasn’t it?”
Bonnie’s face flushed red as she struggled with her emotions. “Yes.”
“What else has she lied about in connection with this case?”
“Nothing.”
“That you know of, correct?”
She swallowed, clearing her throat. “Correct.”
“Tell us what happened when you treated Dwayne Reed in the emergency room at Truman Medical Center.”
“Mr. Reed had a deep laceration in his leg and I treated him for that. While I was taking care of him, he became belligerent and threatened to rape me.”
“Did you do anything to provoke Mr. Reed?”
Bonnie paused and then took a deep breath. “Yes, and I’m not proud of it. When I was examining his wound, I was a little rough with him. . Actually, I was a lot rough with him. I hurt him and he didn’t like it. That’s when he threatened me.”
“Why did you do that, Dr. Long?”
She took another deep breath. “I recognized his name when I saw it on the patient chart. Alex had told me all about him when she was representing him. Alex was afraid of him. She’d told me that. And she was afraid that he was going to hurt the Henderson family. I hated seeing Alex so afraid and so worried and I blamed Dwayne. I got angry and I let my emotions get the better of me. It was wrong and I’m sorry.”
“Did you tell the defendant that Mr. Reed had threatened you?”
She nodded. “Yes. I ran into Alex in the hall as soon as I came out of the treatment room, and that’s when I told her.”
“What was her response?”
“She said not to worry and that she would make sure that never happened.”
“And she made good on that promise, didn’t she?”
Bonnie didn’t answer.
“That’s all I have. Thank you, Dr. Long.”
Judge West banged his gavel. “We’re done for today. Ms. Mason, you may cross-examine in the morning.”
Chapter Forty-Four
Alex and Bonnie walked out of the courtroom hand in hand, while Claire, Kate, and Mason huddled around their counsel table.
“How bad was that?” Claire asked.
“Well,” Mason said, “it’s never good when your client’s lover calls her a liar from the witness stand.”
“I know,” Claire said, “but was it that big a lie? It’s not like Alex was cheating on her. She knew Bonnie wouldn’t approve of her buying a gun, so she didn’t tell her. That’s the kind of lie people tell their loved ones all the time.”
“You’re focusing on the substance instead of the meaning of the lie,” Kate said. “Bonnie’s testimony sent a powerful message to the jury, and it wasn’t that Alex didn’t tell her about the gun and the practice range. It was that they shouldn’t trust Alex. And judging from what I saw on the jurors’ faces, they got the message, especially Brandon McCarthy.”
“He’s the engineer Alex insisted we keep on the jury,” Mason said.
“Yeah. Every time he looked at Alex, his micro expressions were filled with contempt. And that really is the problem. It’s a lot easier for the jury to acquit someone they like, but it’s hard for the jury to like someone they don’t trust.”
“You got all that from that one piece of Bonnie’s testimony?” Mason asked.
“No. If that was all there was, we’d have a better chance of riding it out. We came out of the opening statements in decent shape, but some of the jurors started shifting during Rossi’s testimony. Bonnie did well at first, but she dug a hole with the we-don’t-keep-secrets stuff.” Kate ran her fingers through her hair, shrugging. “I don’t know. Maybe it’s the lesbian thing too. A lot of people are more comfortable with it in the abstract than they are up close and personal. Either way, we’re in trouble.”
“That’s great,” Claire said. “Any suggestions?”
“Yeah, figure out a way to make the rest of Ortiz’s witnesses look even worse, because if this case comes down to how the jury feels about Alex right now, she’s not going to like the verdict. I’ll go back to my hotel and study the juror profiles. Maybe I can find one or two who might give us a hung jury.”
Claire nodded. “Not a good day for us, but it wasn’t supposed to be, not when Ortiz is putting on his case. We’ll see you in the morning.”