chapter 10

He didn’t get much sleep. He jumped at every noise he heard and went to the window to see what was what was going on.

He finally got up permanently at 6:30, showered, and shaved. He then tried to watch some old cartoons before he had to head to the courthouse. He was hoping bringing back fond memories of his childhood would help him shake the jitters, it didn’t.

When he arrived at the courthouse and walked in Orlando was waiting on a bench. Daniel sat next to him.

“You look like hell,” Orlando stated.

“Thank you.” Daniel straightened his tie.

“No seriously. Are you okay?”

“Yeah, I’m fine.”

Orlando tried to look Daniel in the eye. “Talk to me. What’s going on?”

“The session is ready to begin.” Daniel and Orlando looked and saw a Bailiff Holding a door open.

“I’m fine.” Daniel stood up

Orlando shook his head and stood up too.
They walked into the courtroom and the bailiff shut the door.

The session began with the prosecution resting.

Next up Orlando started the defense by calling Daniel Ascot to the stand. Once he swore to tell the truth and stated his name for the record Orlando began questioning him.

“So how long were you and Shari been together?”

Daniel hesitated a moment. “About five years.”

How would you describe your relationship?”

“It was really good for the most part.” Daniel cleared his throat. “A bit rocky at times.”

Rocky, in what way?”
“We argued a lot. And I’m to blame for that.” “How do you mean?”

Daniel shook his head. “Because of my jealousy.” Daniel hesitated as his eyes shifted left and right. “I was a jealous fool. She got hit on... a lot and I got jealous.”

“Can you tell the court why? Did she flirt with the gentleman that hit on her?”

“She engaged in playful manner. But it was harmless.” “Then why the jealousy?”

Daniel shook his head. “ I don’t know. I guess it was because I felt insecure. I couldn’t believe a woman that beautiful could love me.”

Orlando rocked back and forth on his heels. “ Were you afraid she would leave you?”

“Well yeah. And not for another guy. Because of my jealousy. I try to keep it under control. But I was an idiot.”

“And did she finally decide to leave you?”
“Yeah. And I can’t say I blame her.”
“Can you tell this court what happened the day she left you?”

Daniel looks down then straight ahead. She was telling me about a guy that hit on her at the tire center. She was smiling when she said it. Stupidly I asked her if she liked him in a not-a-very-nice tone. We got into an argument.”

Daniel shook his head; he had a disgusted look on his face. “And I ended up calling her a w***e. I regretted it immediately. She stormed out. I tried to go after her but she got in a cab and left.”

“And that would be the last time you saw her alive?”
Daniel wiped a tear that was trickling down his cheek. “Yeah.”

“Okay, Let's go to the next day. Can you describe that day leading up to finding the victim, I’m sorry, Shari?” Orlando was facing Daniel when he asked the question but briefly turned to the jurors when he was finished.

Daniel cleared his throat and then sniffed. “Well, I got up trying to process what happened. Then I decided I needed to find her and apologize.”

Daniel paused a moment to collect himself. “I decided to head to Perko’s where Shari’s best friend works. As you already heard Frank threw me out.”
He paused again then let out a deeply exhaled. “So I decided to go to the bank where she worked. And again as you already heard, he security guard threw me out.”

“So then what did you do next?” Orlando asked even though he knew Daniel was about to tell them.

“Well, I went home to see if by chance Shari came home. But when I got there, I saw she wasn’t.”

Daniel wiped his nose with his sleeve as he sniffed. “I needed to talk to someone so I called my mom. After criticizing my stupidity she suggested I go to her parent's house, they live in Turlock.”

Daniel paused and cleared his throat. “They weren’t very fond of me, Well dislike is more accurate. But after pondering it over I decided to go. I was desperate.”

“And what happened?” Orlando asked politely.

“Well, Not long after I got on the highway my car stalled. I had to let glide over to the shoulder.”

“Did you call a tow truck?”

Daniel cleared his throat. “No. This happens all the time, unfortunately. I gave it a few minutes and then try to turn it over. It started on the third try.”

“What did you do then?”

“I decided it best to head back home. I figured the car stalling was a bad sign.”

”So you headed back home?” Orlando confirmed. “And what happened when you got home?”

“When I got out of the car I saw the front door was open. I figured Shari finally decided to come home.” Daniel smiled. “I was so happy that I ran up the stairs and burst through the door.

“She wasn’t in the living room so I.” Daniel let out two quick breaths and pinched his nose. “I went into the bedroom and there she was lying on the bed. It wasn’t till I got closer and turned her over that I realized there was blood on her stomach.” A tear ran down his cheek. “That’s when I realized she was dead.”

Orlando took a moment to ask the next question. “And then what? Did you call 911?”

“I Froze.” Daniel took a deep swallow, covered his face then dropped his hands. “I was in shock. I just stood there for a few moments. Suddenly I heard a noise in the living room. When I turned around, there were police at the door with their guns drawn.”

“Okay,” Orlando said. “Let's move on. Is there anyone you know that might have wanted to Harm Shari?”

“Well,” Daniel replied then gulped. ”She had a lot of guys she rejected like Phil.”

“Objection.” The da shouted.” “Sustained. “ The judge said.

“Outside of the guys Shari met, is there anyone else you can think of?” Orlando asked as he glanced over his shoulder to look at the jury.

“Well.” Daniel cleared his throat. “ I met this guy at the bar on 9th street. He said his name was Jeremy. When I told him my name he recognized me as the writer that interviewed Shari.” He cleared his throat again. “He said she identified the wrong man. Said it was his best friend and she’ll pay for it.”

“Did you take his threat seriously?”
“He sounded pretty ominous when he said it, so yeah.”

Orlando lightly bobbed his head. “No more questions your honor.” He took a seat at the defense table.

The Da walked up with a confident look on his face. “So Mr. Ascot You telling us that when Shari was murdered you just happened to be broken down on the highway?”

“Yes?” Daniel replied in a nervous tone. “And you didn’t call a tow truck?”

“No, as I said it happens all the time. I know my car. I knew it would start if I gave it a Moment.”

Gabriel snickered. “So you have no one to verify your story?” “I guess not.”

“Well isn’t that convenient,” Gabriel said as he turned to face the jurors. “Do you have a temper?”

Daniel shrugged his shoulders. Not really.”

“Not really.” The DA paused a moment as he stared at Daniel, and then he grabbed a piece of paper. “Weren’t you suspended from Stanford for two weeks for fighting?”

Daniel had a surprised look on his face. “ Yes. But the other man was also suspended.”

“Yes, but he only got two days. But you got two weeks because you were accused of starting the fight.”

Daniel didn’t reply. “Well yes, but.”

Gabriel cut him off “Do you have a police record?” Daniel didn’t respond.

The DA took a piece of paper from the defense table. “Weren’t you charged with aggravated assault?”

“Yes, but.”

Gabriel cut him off. “So you do have a temper?”

Daniel let out a deep breath but didn’t reply. His face beat red.

“Did you get upset because Shari was leaving you?” Gabriel asked aggressively.”

“Objection you honor?” Orlando shouted.

Before the judge could reply Gabriel continued. “Did you kill her in a fit of rage?”

“Objection” Orlando yelled again.
“No,” Daniel shouted. “I did not kill her. I loved her.”

No further questions your honor. “The DA said and calmly walked back to his seat.

“Your honor, I would like to recall sergeant Phillips to the stand,” Orlando said after Daniel took his seat.

“Objection your honor,” Gabriel stated firmly. He was already cross- examined.”

Orlando stood up. “Your honor this will be new testimony based on new evidence.”

“Overruled.” The judge said.
The sergeant took his seat on the witness stand.

Orlando tapped his forefinger on his lips and cleared his throat. “Sergeant. You just heard Daniel's testimony.”

“Of course,” Phillips replied.

“Did you ever check out this Jeremy character He mentioned?”

Phillips shrugged his shoulders. “I didn’t know anything about him.”

Well, you did conduct a thorough investigation? “

“Well, we looked into possible suspects.”

“How many would you say?”

Phillips fiddled with his tie but didn’t answer the question.

“Having trouble adding sergeant?” Orlando asked in a condescending tone.

“Objection your honor.” The DA shouted. “Sustained” The judge ruled.

Orlando looked at the judge. Then back to Phillips. “Let's put it another way.” Orlando paced back and forth. “Did you look at any other suspects besides Daniel?”

“There was no need. ”Phillips said firmly. “We caught him red handed” “Oh, so you saw him stab the victim?”

“Well no, but.”

I think you answered the question.” Orlando stated. “No more questions your honor.” He took his seat at the defense table.

The judge adjourned the court for the day.

Orlando collected his briefcase then looked at Daniel “Come by my office. We need to talk.”

Daniel nodded but didn’t reply.

Orlando walked out of the courtroom. Daniel just stood there for a moment to process what just happened before leaving the courtroom.

Daniel drove to Orland’s office slowly. He could see Orlando was upset about something so he wanted his attorney to collect himself.

When he went into Orlando’s office he saw him sitting behind his desk. “Have a seat.” He instructed Daniel as he motioned to the chair on the other side of his desk.

Daniel complied. A moment of uncomfortable silence hung in the Air before Orlando started the conversation. “I assume you know what we need to discuss?”

“I think I have a vague idea,” Daniel replied.

Orlando leaned forward resting his left arm on the desk. Did you forget to mention to me about the suspension and arrest?”

“Obviously.” Daniel gulped. “But you never asked.”

Did I really need to?” Orlando shook his head. You’re on trial for murder and you didn’t think it would be a factor?” He slammed his hand on the desk and stood up.

“I’m sorry,” Daniel exclaimed as he stood up.

Orlando shook his and let out an exasperated sigh. “You know. Actually, I should be the one whoshould besorry. “ He walked around the desk. “I should have asked you about your history and if you had any priors.” He patted Daniel on the arm. “Sorry.”

Daniel sat down. “I can’t believe I didn’t realize it would be relevant. “

Orlando thought for a moment. Well, we need to do damage control. “Orlando Paced back and forth. “ Why don’t you tell me about those incidents and we’ll go from there.”

“Okay.”

“Let’s start with the suspension.” Orlando sat down and looked Daniel in the face.

Daniel took a deep breath and then let it out. “Well, I was in the quad studying. There was this football player.” He thought for a moment. “Sal Lipstrum. He was arguing with his girlfriend, I can’t remember her name. Anyways, they were arguing. Sal slapped her so walked over to confront him. It got heated, I shoved him. He took a swing at me, I swung back and connected with his chin. Before it got out of hand it was broken up by security.” Him being a football player got three days, I got three weeks.”

Orlando scratched his chin as he thought about what Daniel said. “Yeah, athletes get favoritism by the dean.” He paused a moment. Okay, let's talk about the arrest.”

Well, I was in Kmart shopping. I was near the bathroom area and heard some screaming in the ladies' room. I walked in and saw a guy holding this lady against the stall. He was undoing his pants. I pulled him off and as you can imagine, it turned into a brawl. I got the best of him, to say the least. The guy told the police that I jumped him. Told them I was a f*g. Said I wanted to rape him.”

“Didn’t the lady tell them what happened?”

Daniel shook his head. “She wasn’t there. She must have run off while we were fighting.” He shrugged his shoulders. “Probably embarrassed.”

. “I knew there had to be a good explanation. We don’t know each other too well but I know you’re a good man.”

“Thank you.”

Okay. “ Orlando walked to the door and opened it up. “You go home and get some rest. I will call you to the stand tomorrow so you can explain what you told me. Then I will call Craig as a character witness.”

Daniel walked to the door. He turned to face Orlando. “Thank you for believing in me.” He walked out the door.

He heard the door close as he walked down the hall. 

Reviews

[Corset]

grooooooooooooooooaaaaaaaaaaaaaaaaaaaaaan, he's soooo screwed! I knew he was gonna be unable to prove an alibi, damn...the plot thickens...bang up job Dale!

[Coyote Poetry]

A outstanding chapter. You are create new situations and the court house into madness. I liked the strong questions asked in the chapter. Thank you my friend for sharing the amazing chapter.
Coyote