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“And after the prosecutor brought it up, onlythendid you remember that Imani and Shaky Nichols had a conversation about hanging pirates and putting their bodies on a piling.”
“It’s not that I suddenly remembered it,” said Paxton. “I just didn’t know it was important until Mr. Owens asked me about it.”
“I see. Let’s talk about how well you remember it. Interestingly, you claim to remember the exact words Imani Nichols said to the group, and the exact words Shaky Nichols said to you. Right?”
“Uh-huh.”
“But you don’t remember where you were.”
“I said we were in the Caribbean.”
“It’s a big place, Mr. Paxton. It’s like saying you were in the United States.”
“Objection,” said Owens.
“Sustained.”
Jack’s focus remained on the witness. “You don’t remember whose boat it was.”
“It was... somebody’s.”
“You don’t remember when it happened, except to say that itdefinitelywas before the death of Tyler McCormick.”
“Definitely before.”
“How convenient.”
“Objection,” said Owens. “Judge, really?”
“Please just ask your questions, Mr. Swyteck,” said the judge.
Jack continued without missing a beat. “Other than you and the unnamed crewmate, you don’t remember who was there, do you?”
“Can’t really remember.”
Jack paused. He was at the end of his list of “don’t remember” answers. It was time to drive the point home.
“Mr. Paxton, in your deposition you told me that you were convicted of armed robbery.”
“That’s right.”
“You were sentenced to twenty years in prison.”
“Uh-huh.”
“So far, you’ve served less than six years on that twenty-year sentence. Is that right?”
“Thereabouts.”
“Let’s be honest, sir. Is thereanythingyou wouldn’t say to this jury if you thought it would shave a few years off your sentence?”
“Objection,” said Owens.
“Overruled.”
Jack waited. The jurors waited.
“I wouldn’t lie,” said the witness, “if that’s your question.”
