Chapter 6: The Trial Part 3: The Arrest

There are times in which it is necessary to extend beyond the normal chronological comforts of a story. This happens to be one of those times. We were left preparing to hear my dear Mr. Feinstein's's further examinations of Gabriella. However, albeit possibly disagreeable at the momement, there is a reason to my madness. That being said, I would like to retreat for the moment, one day before Ms. O'Malley took the witness stand and reveal missing pieces to this puzzle.

As I had previously mentioned, despite Gabriella's ingenious efforts, she did little to deter the opinion of those gathered towards my innocense. And as promised, the reasons why were to be revealed. The testimony of the arresting officer, along with the articles of evidence issued by the State via Mr. Feinstein, proved to be a daunting task for the defense to overcome.

Everything has its appropriate time and place, which is why I have chosen to digress to the day before Gabriella's testimony, shortly before the State rested. It was hot in the courtroom. The air conditioning was busted (having been repaired early the next morning), and no one suffered more than my dear Mr. Goolsby. Drops of perspiration slowly slid down both temples as the State was first to question the witness.

"It's a bit warm in here, isn't it Corporal Davidson?" said Mr. Feinstein, fanning himself with a beige folder, in a somewhat mocking manner aimed at my attorney. The Corporal shrugged his reply. "I have here the report you filed after the defendant's arrest," Feinstein continued. "Could you please read to the court the reason for the arrest and verify that this is indeed the report you filed?"

The Corporal took a moment to review the documents before he began. "The suspect, one Jack Leon Tolliver-Marcoux, is hereby charged with the crime of homicide in relation to the death of the victim, Jacob Alexander Paulson. As witness to the crime scene, I, Corporal Alexander Ronald Davidson do proclaim that Mr. Marcoux was discovered with blood on his person and clothing, along with the murder weapon in his posession at the time of the arrest."

"And is this the report that you personally filed after the arrest, Corporal?"

"It is."

"And do you believe this is indeed your signature assigned as the arresting officer?" asked Mr. Feinstein.

"I do."

"And could you please provide more detail about where the victim's blood was discovered on Mr. Marcoux's person and clothing."

"It was everywhere," the Corporal rejoined. "Both of his hands were nearly entirely covered with Mr. Paulson's blood. He had stains on his face, neck and arms. His shirt sleeves were smeared, as well as across the front of his jacket and shirt and his pants. The bottoms of his shoes were also stained."

Mr. Feinstein walked over to his table and retrieved a large transparent plastic bag. He held the bag before the jury. Inside were one pair of black wing-tipped shoes, black pleaded slacks, a white button down shirt and mid-length woold jacket, all covered with dried blood stains. "Are these the articles of clothing you secured from Mr. Marcoux on the day of his arrest, Corporal?"

"Yes, they are."

"Your Honor, I move to include these articles of clothing as state exhibit A."

"Granted," granted Judge Doogood.

Feinstein released the bag of clothes to the court clerk to label as he returned to his line of questioning. "Corporal Davidson, you stated that the murder weapon..."

"I object," Goolsby rang in, "the weapon can only be alledged at this time your Honor."

"Sustained."

"My apologies," Feinstein beamed. "You stated that the alledged murder weapon was found in the possession of Mr. Marcoux at the time of the arrest, did you not Corporal?"

"Yes."

"And would you please describe to the court and the jury what kind of weapon was discovered?"

"It was a book end of some kind, about a foot long, fairly heavy and made of bronze. It was shaped in the likeness of Saint Peter."

Feinstein again returned to his table to retrieve another transparent plastic bag that held the alledged weapon. "Your Honor, I move to include this bookend into evidence as state exhibit B."

Note: (I would like to request the reader to take a mental note at this time, as to a brief description of this bookend. It was indeed in the likeness of St. Peter, but it is not the likeness that is of dire importance here. It is the position of the saint's raised hand. As many of us may know, bookends always come in pairs, and often in mirror images of each other. The bronze figure within this bag, staring condescendingly at me with its penetrating and merciful eyes, had it's left arm extended, exposing its open palm. This would indicate that this particular bookend was indeed the left bookend of the pair. This detail may seem unimportant at the moment, but I would not interrupt my own story in order to request you to take a mental note of its description, if it did not hold some bearing in the future.)

"Granted," Doogood responded half dozing.

Feinstein handed the bag to the court clerk and returned to the Corporal. "I thank you for your being here today, Corporal Davidson, and for your cooperation. I only have one more question to ask. Could you please inform the court what state of mind the defendant was in at the time of the arrest."

"He was cold sir, very cold."

"I'm sorry, Corporal, could you please clarify. Do you mean he was shivering?"

"No sir, I mean he was unmoved. He didn't care one way or another that he was being arrested for murder. He was very submissive and quiet. He never spoke one word, never moved. I could swear he never even blinked."

"So the defendant never spoke to you, even when you read him his rights?"

"He nodded sir, but he did not speak, not until he was confined to his cell."

"And what did he say in his cell?"

"Objection your Honor," Goolsby intervened.

"Sustained, please stick to the facts of the arrest Mr. Feinstein."

"My apologies, your Honor. I have no further questions."

"The witness is yours, Mr. Goolsby."

"Thank you, your Honor." Mr. Goolsby rose to approach Corporal Davidson. "I won't be long, Corporal, I just have one question to ask you today." The Corporal nodded sheepishly as he watched a drop of perspiration drip from Goolsby's chin and stain the brown checkered tie wrapped tightly around his fat neck. "Now, you were not present at the time the murder took place, were you Corporal Davidson?"

"No I was not, I would have stopped it if I had been there."

"Of course, no doubt you would have Coproral, but you weren't there. And if you weren't there, then you couldn't have seen what really took place, could you?"

"I suppose not, but I saw all I needed to see."

"Yes, but law enforcement isn't perfect to be sure. Not that I'm saying you're in anyway at fault here, Corporal. I just mean to say that no one can be perfect all the time. We hear stories nearly every day it seems about innocent men and women set free who were falsely imprisoned. Now, Corporal, I have to ask, if you weren't present, and you didn't see what happened with your own eyes, then everything else you did see is speculative of course. You can't honestly say beyond all doubt that my client is guilty, can you?"

"Within the statues of the law I cannot say the man is guilty, nor am I in any position to pass judgement."

"Brilliantly put, Corporal. My client's judgement is to be determined by his peers here on this jury, and to be overseen by his Honor of course. But I must say, if you were not present, there must be any endless number of possibilities that could have happened...not only that Mr. Paulson's death was an unfortunate accident, but that the victim could have been killed by someone other than my client."

"Anything is possible, Mr. Goolsby, but I'm not about to express any opinions on the matter. Mr. Marcoux was present at the scene when I arrived, he had the weapon in his possession and he was covered with the victims blood. Those are the facts. If you can prove that someone else committed the murder, then I've no desire to see an innocent man go to jail."

"Thank you, Corporal, in that case I have no further questions for this witness your Honor."

"And you, Mr. Feinstein?"

"No further questions at this time your Honor."

"Corporal, you are dismissed," Judge Doogood charged and the Corporal stepped down from the stand and left the courtroom without looking at anyone.

The Corporal's testimony was just as damning as the evidence Mr. Feinstein presented to the jury. I wasn't entirely sure what Mr. Goolsby was getting at by his line of questioning. He did seem to plant some small seed of doubt, but not enough to overshadow the evidence presented. The trial was far from over. We still had a long road ahead of us, but Goolsby still had a few tricks up his sleeve, and before the trial would come to an end, something very unexpected would happen; but don't expect me to reveal my coup de grace just yet. I expect patience, my friend, raw and unparalleled patience.