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“That you’re one hell of a trial lawyer, Desiree DuBose. So why don’t we focus on that?”
They stared at each other.
“Okay, Jack, we’ll play it your way. For now.”
CHAPTER 79
ALL RISE,” BEGAN THE BAILIFF as he called the court into session on Monday morning.
Ambrose appeared behind the bench and looked over at DuBose and Jack. “Call your next witness.”
Surprisingly, Battle got to his feet. “Your Honor, if I may interrupt. The commonwealth has just come into possession of a new piece of evidence, and a new, vital witness to be heard. We therefore request a special motion to have the evidence introduced and the witness testify before the defense recommences its case.”
DuBose rose. “Objection. The prosecution already rested.”
“It is vital to the commonwealth’s case,” insisted Battle. “And in the interests of justice, it must be heard and seen by the jury.”
“Motion granted,” said Ambrose. He eyed the jury. “Our job is to find the truth and nothing can get in the way of that.” He smiled benignly as he glanced at the row of reporters writing this down.
DuBose looked at him and concluded the man must have read the magazine article about his being an esteemed and fair-minded judge.
Battle nodded at his associate, who opened a case that was on the floor and pulled out what appeared to be a long-bladed knife wrapped in plastic.
“Wait, are you saying that’s the murder weapon?” exclaimed DuBose.
“Yes,” conceded Battle.
DuBose said, “Your Honor, this is truly outrageous.”
“Let’s just keep the drama to a minimum and hear what the man has to say,” admonished Ambrose. “Go on ahead, Mr. Battle.”
“I recall Herman Till to the stand,” said Battle.
Till took his seat, and Battle approached with the knife still sheathed in plastic.
“Can you identify this, sir?”
“Yes, over the weekend it was provided to me by the Sheriff’s Department and I examined it.”
“And where was it found?”
“I was told in a rotted stump on the defendants’ property.”
DuBose leapt to her feet once more. “Objection! This witness does not have firsthand, direct knowledge of any of this. He was given it? He was told it was found on the defendants’ property? I fail to see even one evidentiary fact in there.”
“Your Honor,” said Battle, “while perhaps a little out of the ordinary, Mr. Till is the commonwealth’s medical examiner. He has testified that in his official capacity, he was given this potential piece of evidence—which was found pursuant to a lawfully issued search warrant—to examine and to maintain the chain of evidentiary custody. I can have the deputy who actually found it testify to that, but in the interests of time, I took a bit of a shortcut. But if the defense insists?”
“We do,” said DuBose immediately.
“Overruled,” said Ambrose. “We are not going to waste time over that. The word of the attorney general suffices for this court.”
DuBose, however, was clearly not ready to concede. “Motion to strike the admission of this item into evidence.”
Battle barked, “On what grounds?”
DuBose said, “The failure to identify the person named in the affidavit from which the search warrant was issued. That person would need to have personal observations of the area purportedly covered by the search warrant, as well as any information from any sources believed to be reliable. None of that has been provided. Without that, neither the defense nor the jury can reasonably evaluate the veracity of this supposed evidence.”
Battle said, “Your Honor, the search warrant was validly issued by a magistrate of this court on a showing of probable cause. And a search warrant can be issued for the fruits of the crime and the tools, of which this knife is undoubtedly one. And, furthermore, Hester v. U.S. holds that open fields or woods do not even require a search warrant, while McClannan v. Chaplain states that any place remote from the defendant’s dwelling and not in his presence also does not require a search warrant.”
