“No question about that,” he responded. Tracey had him cornered. It was time to drop the bomb.
“So you bought this hi-tech equipment for the specific purpose of interrogation, you’re investigating the most heinous crime ever, and you make a conscious decision not to video or even audio record it, correct?”
“No, that’s not correct,” Wes replied, realizing too late the crater that he was sitting in. Tracey was not about to let him squirm his way out by asking him to explain his answer. She switched gears.
“Did you have Rudy make a written statement?”
“No, but I had him read my notes and sign them.”
“Did you tell him to sign them?”
“Yes, of course.”
“Was he allowed to make changes?”
“I don’t understand.”
“It’s very simple, Officer Brume, did you let him edit your notes?”
“Of course not.”
“You just had him sign them.”
“Yes.”
“No further questions, Your Honor.” The abrupt termination of the examination surprised the Fourth. He had expected Tracey to grill the Grunt on the questions and answers he’d written down, but Tracey was only interested in the procedure, not the substance.
Now it was Clay’s turn. His immediate task was to cauterize Wes’s wounds to prevent further bleeding. Wes hadn’t really suffered a direct hit but he was bleeding profusely from several minor wounds. The Fourth could choose either to cut his losses and get the poor man off the stand, something that required great restraint, or to ask more questions and open the Grunt up for even heavier artillery. He chose the latter course, rising slowly and calculating his questions as he walked to the podium. He had to rehabilitate the fat little toad.
“Detective Brume, in your twenty-plus years with the police department has your credibility ever been questioned?” Tracey was on her feet in a heartbeat.
“Objection, Your Honor. The character of Officer Brume is not an issue in this case, although his credibility in this particular case is.” It was classic litigator-speak, something the public probably wouldn’t understand. But Tracey didn’t care about the small group of regular folks observing the proceedings from the gallery. The only person in the room who mattered to her at that moment was Judge Wentwell, and he was sure to get it.
“This court is in recess for the next twenty minutes. I want to see the lawyers in my chambers with the court reporter.” The judge stood and left the courtroom. Clay and Tracey followed him to his chambers. When everyone was seated and the court reporter was set up, the judge began.
“I did not believe it was necessary to disclose this information at the beginning of this hearing, but the testimony has brought me to a place where I must disclose some pertinent information to you that I’m certain you’re not aware of.” Tracey and Clay looked at each other quizzically then turned back to the judge, who proceeded to tell them about the little “speeding” incident he’d had with Wes.
“I agree with Ms. James,” the judge went on, “that Officer Brume’s credibility is at issue here, not his character. However, Mr. Evans, since I will be deciding what evidence the jury hears, it is my duty to disclose to you that my opinion is somewhat tainted regarding Officer Brume’s credibility and character. I do not believe that will affect my decision on the legal issues in this hearing or at trial. However, if you wish, I will step down from this case.”
Clay was almost shaking by the time Judge Wentwell finished. He wanted to take a bazooka back into the courtroom and blow Wesley Brume to kingdom come. How could he do this to me? How could he not tell me about his encounter with the judge? But that was old news. Now Clay had to make a very important decision, a decision that would definitely affect the outcome of this case.
Seated next to him, Tracey was trying desperately not to smile. Things had definitely just taken a sharp turn for the better. And her best witnesses were yet to come. On the other hand, Clay had no choice but to ask the judge to recuse himself, and she wasn’t so sure she wanted to lose Judge Wentwell.
Seconds passed. The judge waited patiently while Clay thought it through. Judge Wentwell was a law-and-order guy. He would follow the law strictly. He wasn’t about to buy into a new theory of evidence even if he didn’t believe one word that came out of the fat little toad’s mouth. And a new judge might not be so conservative in his or her thinking.
“Judge, I believe this court will be able to separate any personal views in deciding issues of law. I will not ask you to recuse yourself.” Tracey was nonplussed. The judge turned to her.
“Ms. James, do you have anything to say?”
“No, Your Honor. I believe your full disclosure has said it all. Like the prosecutor, I do not believe your personal experience with Officer Brume will affect your decisions in this case.”
I’ll bet you don’t! the Fourth said to himself, hoping he had made the right decision.
Minutes later they were back in the courtroom, Clay standing at the podium.
Judge Wentwell spoke first.
“Mr. Evans, you may proceed.”
“No further questions, Your Honor.” Since the judge knew the Grunt was a big fat liar, there was no point in trying to rehabilitate him. Wes stepped down, not sure where things stood but pretty sure from the look on Clay’s face that he was annoyed about something.
“Call your next witness, Ms. James.”
Tracey had set up the state’s case with the Grunt’s testimony. Now she was going to rip it to shreds.
She started by calling Rudy’s high school principal, Bill Yates, to the stand. After he introduced himself and explained that he’d been Rudy’s principal for all four years, Tracey got right to it.
“Mr. Yates, did Detective Wesley Brume visit you a couple of months ago?”
“Yes.”
“And could you tell the court the reason for the visit?”
“He wanted to find out about Rudy, how he had been as a student.”
“And what did you tell him?”
“I told him that Rudy was a very nice, motivated young man but that he was a little slow. I think his IQ was somewhere around eighty or a little below. We’re a small school. We don’t have special programs for children like that so we did the best we could. After two years we put Rudy in a vocational program. He never received a high school diploma, just an attendance certificate.”
“Did Detective Brume tell you why he was inquiring about Rudy?”
“Yes. He said Rudy might be a suspect in the murder of the young woman in the barrio.”
“And what was your response to that?”
“I told him he must be mistaken. I knew Rudy very well and I did not believe he was capable of anything like that.”
“Did Detective Brume tell you that he was going to bring Rudy in for questioning?”
“Yes.”
“How did you respond to that?”
“I suggested that if he did anything like that he should contact Rudy’s mother or at least make sure he had a lawyer. I told him that Rudy was a very affable person and very naive. He would not know how to protect himself. He would respond to every question the officer asked even if it was not in his best interests to do so.”
“Is there a reason why you told the detective that?”
“Yes. I figured that he wanted to conduct a fair investigation and I thought it was something he needed to know.”
“Thank you, Mr. Yates. I have no further questions.”
Judge Wentwell looked at Clay. “Cross-examination, Mr. Evans?”
“Yes, Your Honor.” Clay was certain this was a witness he could score some points with. He stood up but stayed at the counsel table.
“Mr. Yates, could Rudy read and write?”
“Yes.”
Clay approached the bench and retrieved the consent form Rudy had signed. He handed the document to the principal.