“You mean to say, your weak evidence,” my lawyer counters.
“Objection,” the Attorney General interjects.
“Sustained,” The judge rules. “The jury will disregard that statement.”
“I apologize, Your Honor.” The lawyer hits the jury with a charming smile. “But, Detective Foster, I hope you can see why I’m having a hard time understanding this logic, this process, if you will. Let’s walk the jury through it, shall we?”
The detective nods. “All right.”
I’m riveted watching Allen Young pace the courtroom. He’s a fresh trial lawyer the state likely believed would hang me. His theatrics are entertaining, but it’s his ability to gain the jury’s trust that’s fascinating. They like him, even if they despise me.
“Mr. Sullivan’s palm print was found on the pulley, but we already know that my client worked in the same fishing district as the victim. Is it possible that Mr. Sullivan used the pulley to load his diving equipment onto a boat at one time?”
“It’s possible, but not probable,” Detective Foster replies. “The charter boat Mr. Sullivan used for work has its own loading equipment.”
Young doesn’t miss a beat. “But it is possible, considering the charter boat had numerous reports of faulty equipment at the time.”
The detective hesitates, features tight. “A slight possibility.”
“Thank you,” Young says. “Now, detective, let’s discuss the differences between the cases. In your initial report, didn’t you state that the victim’s death appeared accidental, that he unintentionally hanged himself as a direct result of this faulty equipment?
“I did state that, but I quickly amended it after reviewing the discovery made by the medical examiner.”
“Right. The medical examiner’s findings reported contusions, that is bruises, around the victim’s neck, which supports the cause of death due to asphyxiation. Injuries like one would have when strangled by a rope.” Young cocks his head expectantly.
“Yes, that’s correct,” Foster says, shifting in his seat. “But the examination also uncovered several repeated ligature marks, suggesting the rope was tightened, loosened, and then tightened again, repeatedly.” He glances at the jury. “This pattern indicates that the victim was tortured prior to death.”
“Isn’t it possible that this contusion pattern also could’ve been caused by the victim fighting against the rope, trying to loosen it from around his neck?”
“Objection, Your Honor,” the prosecutor interrupts. “The witness is not a medical expert.”
“Sustained,” the judge says. “I agree. Detective Foster isn’t qualified to answer that question.”
The detective looks annoyed at having his response denied.
Young quickly moves on. “But unlike the other crime scenes, where it was clear a heinous murder had been committed, this first scene—the scene providing your only physical evidence—had a number of differences, isn’t that correct? Such as the elaborate traps the perpetrator rigged to carry out the murders. The pulley was never proven to be a trap, was it?”
“That’s not uncommon for a first murder,” the detective counters. “Repeat offenders improve their methods over time. They become more cautious and advanced. The difference between the first crime scene and the later scenes is only that of an amateur versus a proficient.”
My lawyer smiles. “This is based off of your opinion?”
“Yes, Mr. Young. Based off of fifteen years of detective work.”
“Was the wife of the victim ever questioned in connection to his death?”
“Of course,” Foster says. “Everyone connected to the victim was questioned.”
“But only after the second crime scene was discovered, and after your initial report declaring the victim’s death an accident had been amended.”
Detective Foster breathes deeply. “That’s correct.”
“So to recap, there is no inculpatory evidence linking my client to the subsequent murders. In fact, the one murder you can almost tie him to, the method is obviously different from the other crimes. Detective, you yourself stated it lacked a methodical approach, and yet it was the only scene where any type of evidence was uncovered. That in itself is a deviation in method, wouldn’t you agree? That a methodical murderer would make such a blatant mistake? But you want the defendant to be prosecuted for all four murders and have him put to death by lethal injection.”
The detective flounders, struggling to respond.
“Objection, Your Honor.” The prosecutor stands, tone incensed. “Mr. Young is badgering the witness.”
Young speaks up before the ruling. “That’s all right, Your Honor. Detective Foster’s silence was answer enough. Nothing further.”
