Private Practice Ch. 03

"Objection!" Michael McGill roared. "Relevance!"

"Overruled." Judge Folsom said brusquely. "Answer the question, Commander."

I said "It is your opinion that I (air quotes) 'had to' be pardoned, but the Governor chose to do so, as he correctly believed the charges against me were false."

Fineman said "If the charges were false, why did you accept the pardon? And the Immunity Agreement by a Federal Judge?"

"Objection." said McGill. "Your Honor, this line of questioning is irrelevant and totally tangential to this trial of the Defendant. Commander Troy is not on trial here."

"Overruled." said Judge Folsom. "Answer the question."

I said "I was advised by people I trust to accept them. So I did."

Fineman: "Commander Troy, are you a member of the National Rifle Association, the NRA?"

"Yes." I replied.

Fineman: "So in being a member, you are in agreement with the NRA's views on guns?"

"Objection!" said McGill. "Leading the witness."

"Permission to treat this witness as hostile, Your Honor?" Fineman fired back. If granted, she would be allowed to 'lead the witness'.

"Both of you, approach the Bench." Judge Folsom said. When they got to the Bench, he whispered "I am growing tired of this crap. No, you may not treat the witness as hostile. Now ask your questions and let's move along!"

After they'd returned to their seats, Fineman said to me "Commander Troy, you have been a Police Officer nearly nine years, and before that you were an Army Officer in the Military Police, is that right?"

"Yes." I replied. Now why was she asking something that made me look good? I wondered.

I soon found out. Fineman asked "So you've been extensively trained in the use of firearms as part of your duties, correct?"

"Yes." I said.

"Commander," Fineman said "As a Police Officer, you're trained to confront criminals. And you could be held liable if you are found to have shot and killed a criminal in a wrongful manner, correct?"

"Yes." I said.

Fineman said "Ordinary citizens don't have that level of training. Therefore, don't they have the obligation, the duty to retreat rather than confront unarmed home invaders with guns?"

McGill (wisely) didn't object, so I said "No, I don't agree with that. They have the right, both legally and ethically, to stand their ground and defend their homes, as the Defendant did."

Fineman: "As a Police Officer, how do you feel about ordinary people taking NRA combat courses and taking the law into their own hands and shooting other people?"

"Objection!" shouted Michael McGill.

"I withdraw the question." Savannah replied. "No more questions, Your Honor..."

* * * * * * * * * * * * * *

After I was told I could step down, I went and sat down by the Sheriff in the front row behind the Defense table. Michael McGill said "The Defense calls Stanley Locklear to the stand."

Judge Folsom went through the step of informing Stanley Locklear that he could decline to testify, and Mr. Locklear said that he would testify. He took the stand and was sworn in.

McGill led Stanley through the night of the crime, spoon-feeding him questions as required by the often-tedious process of a criminal trial. As part of the questioning, Stanley said he did not recognize the home invaders, and he did not know who they were until after they'd been shot and their masks removed.

Locklear also said he believed one of the guns was real, and didn't see the other one that was pressed into his back, and didn't really notice them when they were put down in the bedroom. He said he genuinely believed his wife was being sexually assaulted. He said he didn't take that particular gun to the range very often, and had not fired it since the December before the shooting. He said he did not check it since loading it that December, and therefore had no reason to know or believe it might have been emptied by his wife.

Under further questioning, Locklear contradicted Marla's previous testimony by saying emphatically that he had not discussed fantasies with his wife, nor given her any reason at all that he wanted to see her having sex with other men. He admitted reading pornographic literature, but said he'd never had a desire to make it reality, nor had indicated such a desire to his wife in any way.

When McGill asked about his sessions with Peter Frost without Marla present, and that he'd stopped the sessions while Marla continued, Savannah Fineman objected. In the sidebar that ensued after the Jury was given a ten minute recess, McGill said the stoppage of the visits was on the Police interview tapes, and that Mr. Locklear had waived the privacy of his lone sessions with Peter Frost.

Judge Folsom refused to allow it, saying it might open up allowing other protected data in, and that keeping those private was more important. He did allow McGill to have Stanley confirm that he'd stopped going to the sessions while Marla had continued, but that was all; Stanley was not allowed to tell the Jury why he stopped going to the counseling sessions.

On cross, ADA Fineman had Stanley confirm that he was an NRA member, and she elicited from him that he gave money to the NRA political arm to help them advance pro-Second-Amendment political causes. She also made him admit he'd taken NRA shooter courses.

"So you were very comfortable with guns, weren't you?" she asked.

"I know how to safely use them." Locklear replied.

"So when you got out of your bonds, you had no trouble going for that gun and using it to shoot and kill your business partners, did you?"

"Objection as to form." said McGill.

"Overruled." said Judge Folsom.

Locklear said "I knew I had to get to my gun to stop the assault on my wife, and that's what I did. I wasn't thinking in terms of comfort level with it."

"You've taken all those NRA combat gun courses." Savannah said. "You didn't recognize that their guns were fakes?"

"The courses I took were self-defense courses, not 'combat' courses." said Locklear, well-prepped by his attorney on that. "As to the firearms, they looked very real. And they didn't let me look at them to see if they were real or fake. They put one to the back of my wife's head and the other into my back."

"Why didn't you exercise your 'duty to retreat' when you got out of your bonds?" Fineman asked. "Why didn't you run away, and call the Police?"

"And leave my wife there, being raped?" Stanley fired back, though not getting angry like Fineman was trying to goad him into doing. "And they likely would've caught me and tied me up again, if not worse."

"The victims were unarmed." said Fineman. "Why didn't you just hold them at gunpoint, instead of just blasting away and killing them?"

"Again, one of them was bigger than me, and if you check that tape again, you'll see tht he was in the process of moving to get me when I got to the gun." Stanley said. "I acted in self-defense and the defense of my wife to stop him completely."

"You had the gun. They had nothing." Fineman said again, with emphasis. "But you just started blasting away."

Fineman then asked if Locklear knew he was about to get fired, and he denied knowing it. She asked if he'd become angry that he'd not made partner after six years, though it was promised him. He said it was never formally promised to him, and that he was not disgruntled about it.

On redirect, Michael McGill said "Your wife testified that she unloaded the gun, and that she told the home invaders that she had done so."

"But I didn't know that." Stanley said. "I thought it was a home invasion, and a sexual assault upon my wife."

"Yes." said McGill. "But my point in saying that is to ask you: if they thought your gun was unloaded, they would have attacked you when you went for it, wouldn't they? And my point to that is that if you hesitated, if you tried to hold them, they would've attacked and overpowered you, is that not right?"

Fineman should've objected that it called for speculation, but she didn't. Locklear said "Again, I didn't know that they'd been told it was unloaded, but yes, if they thought that, they likely would have subdued me again..."

* * * * * * * * * * * * * *

Michael McGill called Denise to the stand. She came into the Courtroom dressed smartly in a royal blue skirt and jacket, a lighter blue blouse, and medium blue high heel pumps. Her black hair was in a tight bun and ponytail like Joan Laurer usually wore hers. Denise looked very attractive, so it was probably a shock to the Jury and everyone at what McGill said next.

Holding up a document, McGill said "This is a plea deal between this witness and the State, whereby she pled guilty to voluntary manslaughter in shooting and killing her employer, Dr. Peter Frost. In exchange, she has agreed to truthfully testify to what she knows."

After leading Denise through the preliminaries, establishing that she was Frost's assistant, McGill asked "Did you ever witness Peter Frost and Marla Locklear having sexual intercourse?"

"Yes." Denise said.

"Objection!" Savannah Fineman yelled. "Move to strike, Your Honor!"

"Sidebar, Your Honor?" replied McGill. At the sidebar, Fineman asserted that anything being done during a session with Dr. Frost was protected by privilege. McGill asserted that Denise's eyewitness testimony was not protected. Fineman then said it was also irrelevant and tangential to Stanley Locklear. McGill replied that it went directly to the heart of the trial, especially regarding Mrs. Locklear's veracity.

"You are on thin, thin ground with me, Mr. McGill." said Folsom. "But again, I'm not going to help you win any appeals, so I'll allow what has been said to remain on the record."

Resuming his questioning, McGill picked up the boxed engagement ring from the evidence table. "Denise, did you know that Peter Frost had this ring with this inscription?" He re-read the inscription, craftily reminding the Jury of it.

"I knew he was buying a ring, but I did not know of the inscription until after he was dead." Denise said.

"Did Peter ever tell you he was in love with Marla, that he was going to ask her to marry him?" McGill asked.

"Not directly, until recently. But I knew they were in a relationship when I saw them having sex in his office." Denise replied.

When it was her turn, Savannah Fineman attacked. "So let me get this straight. You and Peter Frost were lovers?"

"Yes." said Denise.

"Did you discuss getting married?" Fineman asked.

"Yes." Denise admitted.

"So!" Fineman said loudly, accusingly. "You shot your lover dead in a jealous rage. And you were given this extremely generous plea deal. So you'll say anything to keep this deal, won't you?"

"What I've said is the truth." Denise said.

And then Fineman said it: "Oh really? How can we know that? How can you prove you're not lying?"

"Because they were recorded on video having sex." Denise fired back.

"Move to strike, Your Honor!" Savannah said, beginning to realize her huge mistake.

"Your Honor, the Prosecution asked the question." said McGill. "She opened herself up. And I ask that those tapes be admitted into evidence---"

"Approach!" Judge Folsom all but yelled. "Ten minute recess. Escort the Jury out!"

Once the Jury was out, Judge Folsom lit into Michael McGill. "I have told you time and again that those tapes are off limits! Why shouldn't I throw you in jail right now for Contempt of Court?"

"Your Honor, the Prosecution asked the question, and the witness truthfully answered it." said McGill. "l'm just doing my job, defending my client. It would be dead wrong of you to jail me for her mistake. And it's dead wrong for my client to not be allowed to show those tapes for his defense!"

Folsom glared at McGill, but he only said "Your request is denied. The tapes will not be released. They are privileged. Having said that, Prosecutor, I cannot have that struck from the record, or the Defense's appeal will be successful..."

* * * * * * * * * * * * * *

After Denise was excused, Michael McGill said 'The Defense recalls Marla Locklear to the stand."

There were murmurs as Marla Locklear was brought back in and guided to the witness stand. Judge Folsom said "I remind you that you are still under oath." Marla nodded that she understood.

"Mrs. Locklear." Michael McGill said. "I'll ask you again: were you in a sexual relationship with Peter Frost? Did you have sexual intercourse with him?"

Marla's eyes pleadingly looked over at Savannah Fineman, who rose to her feet and said "Objection again, Your Honor. Same reasons as the first time Defense Counsel asked, and I stress the badgering of the witness."

Michael McGill said loudly "Your Honor, I'm establishing the truthfulness of the previous witness's testimony, and also showing the unreliability of this witness's testimony---"

Fineman yelled "Mrs. Locklear is not on trial here!"

"WHY ISN'T SHE?" fired back McGill. "And why are you trying so hard to stop her from answering that legitimate question?"

*BANG!* *BANG!* *BANG!* *BANG!*

Judge Folsom was violently banging his gavel, his beet-red face furious with anger. "I'll see you both in Chambers!" he growled loudly, getting up himself and rushing to the door before everyone could stand. Fineman and McGill raced to the same door...

* * * * * * * * * * * * * *

"It's a legitimate question, Your Honor!" Michael McGill said as he and Savannah Fineman stood in front of Judge Folsom's desk, and the Judge stood behind it. McGill pointed at Fineman and said "Fineman is trying to put my client to death, and Marla Locklear is just sitting up there committing perjury---"

"No she's not!" Fineman fired back. "She's telling the truth! The Defendant was lying on the stand."

"Then why do you keep trying to keep her from answering questions?" McGill said angrily. "Why can't she answer that question?"

"It's privileged!" Fineman yelled. "Your Honor, unless he can prove they had sex at another time and place than their counseling sessions, he cannot bring it up! He's already tainted the Jury, as it is!"

"My client deserves to have the full truth revealed to the Jury, Your Honor." Michael McGill said, his voice connoting his exasperation. "They should be allowed to see the videos of Peter Frost and Marla Locklear having sex, because her credibility is crap, and they deserve to know that, too!"

Fineman said "It's also unrelated to the murders, and it would be highly prejudicial for the Jury to hear it. Your Honor, if you allow that, I want a continuance to appeal. I can't retry Locklear if he's acquitted, so I have to appeal before the case goes to the now-tainted Jury. And in reality, Your Honor, you should declare a mistrial and put this bastard up for disbarment after his outburst in the Courtroom---"

At that moment the door to the judge's Chambers opened, and in walked District Attorney Miriam Walters. "Invite yourself in, whydontcha, Ms. Walters?" Judge Folsom said acidly.

"I am the District Attorney, Your Honor. I need to be in on this." said Miriam, quietly but fearlessly. "I just want to inform you, sir, that if you declare a mistrial, the People will not retry Stanley Locklear. I'll drop the charges with prejudice."

"Miriam!" Fineman cried out, totally stunned.

"It's my call, and that's my decision." replied Miriam, her beady black eyes staring through Savannah Fineman's peepers. Then Miriam affixed those eyes upon Folsom and said "Let it play out, Your Honor."

"What if it's a hung jury?" Folsom asked. "Will you retry the case then?"

"We'll poll the Jury, see how close they are to either side, and then I'll decide." Miriam said.

"I will tell you this." Folsom said. "Those tapes... will not see the light of day. I can't put the cat back in the bag after the testimony the Jury has heard, but those tapes will stay unseen and unheard by this Jury..."

* * * * * * * * * * * * * *

Savannah Fineman's summation painted Stanley Locklear as a gun-worshipping vigilante, eager to use his guns to kill two unarmed human beings rather than do the right thing and retreat to safety. She said over and over "I have shown you..." various things. "And there is no doubt as to the Defendant's guilt. The video tape showed him shooting those men. It showed them to be unarmed when he shot them..."

Michael McGill focused his summation on the tremendous amount of reasonable doubt that had been generated. "The Police had doubts, and still do. They didn't refer the case to the District Attorney's Office nor the Grand Jury. The testimony between the Locklears is pure 'he said she said'. No self-respecting Prosecutor of the District Attorney's Office would nor should be bringing a case this full of doubts..."

Savannah Fineman got the last word. "This is your opportunity to make a statement. A statement about more, much more, than what that man did to two unarmed human beings. It is your opportunity to make things right. It is your opportunity to stop the gun violence by vigilantes that believe they can use guns to kill other human beings at their whim."

Fineman: "This is your opportunity to tell the NRA, the powerful gun lobby, that say the Second Amendment is some sort of license for vigilantes to kill at their whim, when the Second Amendment was meant to protect State militias, not gun-worshipping individuals, that they are wrong. Two unarmed men are dead because of the NRA's support of vigilantism like this Defendant exhibited. Send the NRA a message... their antics will not be tolerated any longer. Send the NRA that message by convicting Stanley Locklear of two counts of Murder in the First Degree..."

* * * * * * * * * * * * * *

Judge Folsom's instructions to the Jury could not have been more favorable to Savannah Fineman's prosecution. He instructed the Jury to disregard any and all comments about videotapes as if those tapes did not exist. He told the Jury they could and should consider Stanley Locklear's NRA membership and participation in their courses as part of their deliberations.

Normally when a trial is over and the Jury is charged and sent to deliberate, the Judge will congratulate the two sides, and post-trial wrap-up will commence. In this case, Judge Folsom did not say anything to Michael McGill, and only said "I hope you know what you're doing, Ms. Walters." The Sheriff had to shake my forearm to get me out of my reverie.

"What is it, Crowbar?" the Sheriff asked.

I said "I... I think Judge Folsom wanted to call a mistrial... and Miriam Walters told him not to..."

Part 22 - The Verdict

Thursday, September 2nd. Bettina's broadcast glossed over the Locklear trial, and focused heavily on the TCPD's failure to capture the Toyota Gang.

At 8:30am we went to the Courthouse complex and were allowed into New Courtroom to get seats before the room was opened to visitors and reporters. I was wearing my dark gray suit with thin armor inside, a white shirt and red tie, my badge on my belt and my holstered gun under my shoulder.

Teresa was wearing her uniform with light blue shirt, dark blue pants with light blue piping, a thin leather belt as a sash going over her right shoulder and attached to her belt. It was technically ever so slightly more formal than normal, and the sash belt served the practical purpose of counterbalancing the weight of her holstered firearm on her belt on the right side. Instead of soft shoulderboards, her silver oak leaf clusters were pinned on the epaulettes of her shirt, as required when the sash belt was worn.

I had told Teresa that she might not want to sit next to me today. She didn't question why; she never does. She and Cindy were standing together against the back wall near the main entrance doors. Cindy was in her Deputy Sheriff uniform, and both women had their 'boxes', the metal-bordered ribbons, over their right shirt pocket flaps.