‘The defendants and the victim were known to each other, and each of them had taken out mutual restraining orders. Specifically, in the last few days of his life, Mr. Cross claimed he was assaulted by men acting for the defendants and had obtained a restraining order against the defendants, fearing for his life and personal safety.’
‘What happened after you made these enquiries?’
‘Given the evidence found at the scene, the gun, specifically, and the apparent motive, I formed the strong belief that the defendants were responsible for Mr. Cross’s homicide. They were arrested and charged with first-degree murder.’
‘Thank you, Detective. I think that’s all the jury needs to hear.’
Kate quietly shook her head in disgust–Castro couldn’t resist getting in his little jabs whenever he could–anything to help sway a jury toward a guilty verdict.
Kate stood.
Took a breath. Let that air flow through her lungs, filling her chest. She held it, then let it out slow and laid the groundwork for the defense with her opening question.
‘Detective Withers, you’ve painted a detailed picture of the crime scene with your testimony. However, there are some important details missing, isn’t that right?’
‘I don’t know what you mean?’ said the witness.
‘You found blood on the victim’s porch consistent with this location being the scene of the murder, correct?’
‘Correct.’
‘You are asking this jury to believe that on the night of the murder, the defendants were at the victim’s property, and they shot him in the head on his front porch, dropped the murder weapon and then went home, correct?’
Withers swallowed, took a sip of water. She’d been prepped well by Castro. She knew this line of questioning was coming.
‘We have not been able to establish the mode of transport used by the defendants to get to the crime scene, no. But that kind of detail is not significant considering the evidence found at the scene.’
‘Your forensic technicians impounded and examined both of the defendants’ family vehicles, correct?’
‘Correct, the GPS units in both vehicles did not show any movement on the night of the murder.’
‘So how did they get from their home to the victim’s property?’
‘As I said, we have not yet established their mode of transport—’
Kate cut off the detective, said, ‘Don’t you really mean to say that, even on your case, you can’t prove that the defendants even left their home on the night of the murder?’
Withers opened her mouth, drew breath, hesitated and stared hard at Kate. She wanted to fight back, but understood,being an experienced witness, this was not a battle she could win.
‘We do not yet have the evidence to prove that, no.’
Kate glanced down at Harry. He nodded. There was a lot in that small nod. Reassurance and confidence.You’ve made that point. Won it. Move on.
‘Let’s turn to the security technician’s report obtained by the defense,’ said Kate, taking a document from the defense table. The report was entered into evidence without objection from Castro. He was busying himself with reading over his notes, nonchalantly. She had prepared a legal argument for this moment, but since there was no objection there was no need to argue the law.
Castro was not the type of man to let anything slide, particularly when it helped the defense. Suddenly, the general nervous anxiety Kate felt when she was on her feet cross-examining kicked itself up a notch. She could feel heat at her throat. Her cheeks were beginning to burn, but she had no choice but to go forward.
Perhaps more cautiously.
‘You’ve had the opportunity to read this report, Detective?’ asked Kate.
‘I have,’ said Withers.
‘This report details an examination of all video recordings and data logged on the defendants’ home-security system for the night of the murder, correct?’
‘Yes.’
‘The report prepared by the defense’s engineer confirms that the video doorbell recorded footage of the defendants and their daughter entering the property at approximately six thirty in the evening, correct?’