SWIB 03: The Truth

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I'd stayed with my folks for a month and was ready to return to work. Molly and I agreed it was a good time for me to return to our apartment. I was still not sure where our relationship stood. Molly was sorry and promised to be faithful in the future, but her actions that day and leading up to that day were still not something she'd confront. She did agree to counseling.

The time leading up to Harrison's trial Molly seemed to get more and more agitated. She poured herself into her job and our home life suffered. Our sex life was almost nothing. I slept in our guest bedroom since returning home and on occasion Molly crept in during the night and we gently made love.

We had started counseling and were making progress. The elephant in the room, Harrison, still loomed. But it was becoming apparent to both of us I was going to take her back. Our love allowed a one-time, near mistake.

The day before the trial, Molly came to me and said she had to talk to me. "I must testify, Mr. Garland is putting me on the stand, first."

"I thought you still couldn't recall."

"I don't, he says I must get up there, anyway."

"Molly, I'll say this once, your denial isn't credible. Garland thinks you'll come clean and tell the truth, while on the stand. If you don't tell the truth he is going to go after you. Please be careful and be honest."

I had promised ADA Garland I'd not warn her about him going after her. I just couldn't help it.

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I had never been in a court room. It is not like on TV, I can tell you that.

Harrison had a good attorney. Before anything started there were motions for this and arguments about that. They got it all settled, who won or lost was a mystery to me, the jury was then seated. The prosecutor stood to give his opening argument. He explained to the jury how I had been savagely beaten by a man so cowardly he sucker-punched me and then repeatedly kicked me while I was down.

He described a lurid rendezvous and went into detail about how things had transpired. Then, described the crimes for which Harrison was on trial and how those crimes would be proved. When he'd finished, I was sure Harrison would go away for a very long time.

Then, Harrison's lawyer got up. He said he just couldn't understand why they were there. Mr. Harrison certainly admitted Mrs. Smith came on to him and he was sorry to say he succumbed to the charms of this beautiful woman.

He arrived at the motel, she had already gotten the room, and suddenly this man screamed at him and attacked him. He defended himself, of course.

Mr. Harrison had led a tough life and never got a break. He was born poor and lived in terrible conditions. His father was abusive.

He rose above that and got a scholarship to college. He played football and made it to the NFL. But he didn't make it to the first regular season game. He was badly injured and his career over before it started. He'd made the best of it. He had a nice job. He was a model citizen until this "woman" (he said it like it was a condition, not a gender) came on to him.

In the end, Mr. Harrison was a victim of his youth. His father had repeatedly beaten him. He turned to the streets and was in many fights. When you were in such fights you had to beat your opponent, or you would be seriously injured, maybe killed.

He rose above it all, until this day. He was anxious, about to cheat with a married woman. Suddenly, he was attacked and defended himself the way the streets had taught him to. He regretted he'd hurt Mr. Smith, but he couldn't help it. Smith attacked him and suffered the consequence. When the attorney finished, I was surprised I wasn't on trial.

The prosecution began its case. Molly was the first witness.

Molly took the stand. Garland asked her about the day and she fidgeted and squirmed, but eventually she said that I had shocked her when I said, "Excuse me." She said she had never experienced anything like it, she just froze. I relaxed. I trusted she was going to tell the truth.

She broke down and cried. It was a really good performance, but it seemed to me it was a performance. I got nervous. She was asked if she remembered what happened after that. She said no not really. It was a blur in her mind.

"Do you recall your husband saying, 'she is my wife.'?"

"Oh, I do, yes. Then, Ray, uh, Mr. Harrison said, oh excuse me, but he said, 'the pussy's mine.'"

"Why would he say that?"

"We were going into that room." She broke down, again. This time it appeared more legitimate, to me.

"A room that you rented, is that right?"

"He did that on purpose."

"Who?"

"Mr. Harrison. My husband is so sweet and nice to me, and Mr. Harrison was just the opposite. It brought something out in me, and I fell for it. He told me to meet him at a sleazy motel and I just said OK. He told me to pick up the key, he'd have it arranged. I went in, but he hadn't arranged anything. He just wanted me to humiliate myself and I did. I feel terrible, but it's what I did."

"So, after this verbal exchange, do you recall what happened."

"Not really, oh, well, I guess, yes I do. Dave got angry and punched Ray."

I nearly jumped, then sat totally erect before slumping down in my seat. I thought my world had ended. I know the jury was looking at me. I wonder if they saw my reaction as shock she lied or resignation that I'd been caught lying.

I tuned out. Garland asked her and re-asked, he phrased questions differently, but she sobbed and stuck to I hit him first. I do remember one last thing he asked.

"Mrs. Smith, what if I were to tell you the motel has an operating surveillance camera?"

Sue was calm and composed, "That would be great! Do they?"

Garland tendered the witness, but Williams asked if he might defer his cross examination until the defense put on its case. That was granted; and we had a thirty-minute recess.

Garland pulled me into a conference room. Garland started, "To say I'm shocked would be an under-statement. I swore when it came to it, she would tell the truth."

"How are you going to prove your case, now?"

"His shiner didn't come from a fist it came from a fender, we have DNA and testimony. The hospital examined your hands while you were in a coma, no bruising, nothing, you hit no one. We also have the screwed-up surveillance video."

"How is it screwed up?"

"The camera was supposed to scan, showing the middle units all of the time and the two end units, on each side, about half of the time, each. But the scanning motor burned out or some damn thing.

The camera was at the end showing only units 8-12. She parked in front of 5, he in front of 6. If he hadn't kicked you over in front of 8, we'd have nothing.

We do show him stomping on your lower leg breaking both bones. You fly into the picture, clearly unconscious, he appears, and it is ugly to watch. I'll get a conviction.

"But now when I do, I am going to get her ass, too."

"I wish I didn't care, but I do. At the same time, she and I are through, if she must go to jail, too, so be it."

I saw Molly as I left the conference room. I asked her to be out of our apartment from about 5 until 7. I would get my things and move back with my parents. She tried to talk.

I said we had nothing more to say, ever.

She hung her head and said she would be gone while I was there.

We returned to the court room. I was the next witness. "You've been sworn in Mr. Smith, are you ready to honestly answer some questions." Garland's opening rankled me.

"I don't understand. That offends me. Of course, I'll answer honestly, why would you ask me that?"

"I apologize, Mr. Smith. Mr. Harrison's attorney offered a very different account of the beating you took, and I want the jury to pay attention to people and their honesty."

"Objection!!!!!!!!!!!!" Harrison's attorney stood, red-faced. And shouted his complaint.

The judge looked at him, deadpan, "Mr. Williams, I take it you have an objection, on what grounds."

"The ADA is testifying, your honor. It is bad enough he has railroaded an unfortunate citizen in here on false grounds, now he is testifying to sway the jury."

"As are you, Mr. Williams. Let me remind both counsel, you are here to ask questions of witnesses and the jury is here to listen to their answers, and I am here to make sure everybody follows the rules of procedure, which neither of you are doing too well right now. So, I am going to sustain the objection. Mr. Garland kindly ask your witness questions and allow him to answer. Mr. Williams, when I ask for grounds for an objection, state them, I don't want to hear your testimony, either. Is everyone happy with that? . . . From the looks on your faces you are equally unhappy, that makes me happy, let's continue."

Garland went through questions about who I was, where I worked, and then we talked about my marriage. Was it a good one? Did I suspect my wife of affairs? Finally, he got around to the day of the confrontation.

"Can you describe what happened when you saw your wife get out of the car?"

"The defendant was also getting out of his car, he walked to the front of his car and turned to his left to meet her in front of her car. I walked onto the Pines parking lot and came up on the right side of his car. Neither of them noticed me, they were talking."

"Go on."

"I announced myself, I think I just said, 'excuse me'". He turned and scowled at me. My wife just stood there. She didn't speak or scream or really do anything. She just looked shocked. I said she was my wife and he said she was his, now."

"Excuse me, Mr. Smith, is that what he said?"

"Well no, not exactly. I didn't think it was appropriate . . ."

"Mr. Smith, we have to reconstruct what happened as exactly as we can. Now, what did he say?"

"He said she might be my wife but 'the pussy was his.'"

"Go on."

"I told him I was not going to give up my wife just because he said so. He said, 'Well, I guess that's it, then.' and he turned, took a step, then wheeled around and stepped back into me, with his right hand to my face. I woke up in the hospital."

Garland looked at Williams, "Your witness."

"It's humiliating to lose your wife to a better man, isn't it? Mr. Smith."

"I wouldn't know."

"Thinking back on that day, maybe the details are just slightly different than you say. You did lose consciousness, after all." He looked toward the jury as though a loss of consciousness was equivalent to brain damage.

"Isn't it more factual that you saw your wife in a romantic embrace and said, 'Get away from her, you, son of a bitch?'"

"I said no such thing. It happened exactly as I described."

"Then, to compound things, your wife said, 'leave me alone, I'm with a better man, now.'"

"No, as I said, she said nothing, nothing at all."

"Then, in a fit of rage you lashed out and struck my unsuspecting client, didn't you?"

"No, quite the opposite, he sucker-punched me and kicked me while I was unconscious."

"You know what perjury is don't you?"

"Objection, badgering."

"Sustained."

"Are you sure? Mr. Smith. You give an account that you never even struck my client, yet he had a black eye. Can you explain that?"

"No." I didn't like that answer, but Garland told me in no uncertain terms, yes or no to all questions, if I could. I could, so I did."

"Did he have a black eye when you asked him to, what did you claim you said, oh, here it is 'not going to give up your wife because he said so'. Did he have a black eye, then?"

"Not that I recall, no."

"Is it your memory which is cloudy, and you don't recall, or didn't he have a black eye?"

Shit, shit, shit. Answer yes or no, dumbass. "He had no black eye."

"And you remember that, clearly?"

"Yes"

"Well, then, despite who said what, you had this fight, and he had a black eye, correct?"

"No."

"Well, he didn't have a black eye before the fight. You said so."

"We didn't . . ."

"Please, don't interrupt me, Mr. Smith. I haven't asked a question, yet. He didn't have a black eye before the fight and had one after it. How do you explain that?"

"He sucker-punched me and knocked me unconscious. When he hit me, he had no black-eye. You say he had one afterwards, I only have your word on that, but I accept it."

"You are saying you don't know he had a black eye?"

"He knocked me unconscious with one punch. I woke up after being in a coma, in the hospital. I saw him again today. He has no black eye now. When would I have been able to confirm this black eye?"I got in a good one, there. Why would he ask me that?

Then he started on another set of questions. He claimed that Harrison said I was no man at all and that is what made me mad. "No, now you are inventing another story. It happened as I said."

"What other story? I don't understand."

"With apologies, sir, yes you do understand. You want me now to repeat your last set of untrue questions, so the jury will be confused about what I said and what you said. I simply said, it was my wife. He said it was his pussy. I said I would not give her up because he said so. He hit me. That is the fact."

He did this, three or four more times. Giving me what he said, or Molly said and what I did and how the fight ensued. I knew better than to engage, I just went back to my original statement. When he finished Garland stood and said he had questions in redirect.

"Mr. Smith, Mr. Williams offered so many different theories about what might have happened, could you refresh my memory, what did happen that day?"

"Objection! Asked and answered."

"Sustained. Mr. Smith's version of what happened is quite clear, I believe."

"Your honor! What do you mean his version? There is no reason for you to cast doubt on his testimony!"

The judge looked unhappy. He paused and turned to the jury. "Ladies and gentlemen let me say a couple of words here. My statement was entirely neutral. It is not my job to determine if Mr. Smith told the truth or not, it is yours. I could have said Mr. Smith's account of what happened. He testified. Your job is to determine if he was entirely honest, entirely dishonest or something in between.

"There will be more witnesses. When all have completed their testimony, the attorneys will provide some closing arguments and it will be up to you to decide what happened and whether laws were broken. Is that clear?"

He carefully scanned the jury and was satisfied they understood. He then looked at Garland and said, "Mr. Garland does that satisfy your concern?" He stared at him until Garland acknowledged it did.

"I think that is enough for today, it is nearly 3:30 and I am afraid we could not get through both direct and cross in the time we have left. Mr. Garland, we will hear from your next witness at 9 am, promptly. Court is adjourned."

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The second day the trial proceeded. Garland showed the video from the motel. It was very brief but showed a fury and anger in Harrison which was damning.

It did not show the beginning of the fight, just Harrison stomping on my leg. It hurt me watching my lifeless body get stomped on. There was no cross examination.

Then Garland called a forensics expert from Chicago to testify about Harrison's eye. It had quite a mouse under it, from the pictures but the expert said the wound could not have come from a fist, it had no "knuckles".

It also was centered on his cheek under the eye and diminished on both sides. This was consistent with being struck by a curved surface, like the fender of Harrison's car.

He explained he'd taken a swab from the front fender of Harrison's car, near the head light and found his DNA. There was a flattened spot, made by Harrison's face. The expert made it clear Harrison had intentionally banged his face into his fender to appear he'd been in a fight.

Williams was great in cross, pointing out the expert had never seen Harrison's injury, only a picture and the impression on the fender could have been from his butt, sitting on the fender, the DNA from waxing his car.

Garland may have been confident, I was less-so. We adjourned for the second day.

The third day started with Mr. Garland saying, "I call, Dwight Reynolds."

"Objection! Your honor, this is total surprise. There is no Reynolds on Mr. Garland's witness list." said the defense attorney.

"I apologize, your honor, I had no idea Mr. Reynolds had any knowledge of the case. If you will allow me a few introductory questions, I am sure you will allow his testimony."

"I will allow questions, but only about how he comes to be here. Nothing about the incident, do you understand me?" The judge's gaze would have wilted flowers, I am sure Garland got it.

"Mr. Reynolds, would you explain for the court the first time you and I met."

"I have seen your picture in the paper, so I knew who you were. I found out the trial started at 9 am and so, I got here about 8:30."

"Excuse me, Mr. Reynolds, you got here on which day?"

"Oh, today. I just met you today."

"Why was it important for us to meet today?"

"Because of what she said. That woman, she . . ."

"Excuse me, again, Mr. Reynolds, the Judge has requested we don't talk about specifics yet. Is it accurate to say, you believe you have something relevant to the case which you think will be helpful?"

"Well, yes, like I told you. . ."

"Not yet. Please, let me ask you, have you been interviewed by the police, or by attorneys, or anyone before today?"

"No, like I told you. . ."

Mr. Reynolds, I am sure you want to say what you have to say, but be patient, if you will."

"Why did you come forward, today? Why not sometime earlier?"

"I feel bad about that. I guess I just didn't want to be involved in this kind of thing. I saw they had arrested the guy and he was going to stand trial, so I figured it was ok. He'd get what was . . ."

"Stop! There, if you would. Your honor, clearly Mr. Reynolds was unknown to the prosecution, his testimony will provide clear detail, I ask I be able to examine him."

"Mr. Williams?" The judge looked to the defense counsel.

"My objection remains your honor. This guy wanders in here when the defense has failed to make its case and has who knows what to offer. It is irrelevant, untimely, inappropriate, and the defense strongly objects."

"We will see whether it has relevance. I will allow the testimony to determine if it is relevant."

Garland asked Reynolds, how he happened to be involved in this case. He explained that he had come to the diner for lunch, as he often did. He arrived at about 11:30 and the lot was full, he had to go around to the back side and park near the Pines motel. He saw a guy just sitting in his car, staring ahead. He was curious about, why.

Then, he remembered he had an errand to run, backed out of the spot, and went to the post office. He came back about a half-an-hour later, and got a good spot, near the road, at the front of the diner. As he walked in, he saw the car and the guy still sitting there. He ate and when he came out, the same guy was getting out of his car. He saw the guy walk across the lot and he must have said something because this couple, a big, well-built man and pretty, red head, stopped talking and looked right at him. The guy from the car walked toward them and the other guy turned to leave, but then turned right back with a roundhouse right and sent the guy flying.

At that point Garland interrupted, "You say the big, well-built man, do you recognize him here, today?"

"No, not really, that man there, behind the table might be him, but I was pretty far away."

"Your recollection seems pretty clear, how is that?"

"I recorded it on my phone."

"Objection! Your honor, this has gone on long enough. This man comes in here having seen something at the Pines motel. He can't identify my client, now he wants to introduce a video, from a long distance which shows nothing."