Reilly 05 - Acts of Malice by O'Shaughnessy Perri

Author:O'Shaughnessy, Perri [O'Shaughnessy, Perri]
Language: eng
Format: epub
ISBN: 0440225817
Google: a9SpzMyma1cC
Amazon: B000XUBCA4
Publisher: Dell
Published: 1999-01-01T05:00:00+00:00

15

‘‘I DID A thorough examination the first time around. Went to the site, performed the autopsy, spoke with the defendant about what happened. Looked like an accident to me.’’

Doc Clauson’s testimony so far had more holes in it than a Moscow theater curtain. He had shown up at the courthouse visibly nervous in his trademark red bow tie and Nina had caught him smoking in the sun outside the courthouse. Collier was questioning him right now, trying to explain away that first report that called Alex’s death an accident.

To the left of the witness box, Judge Flaherty took notes, pinched his pouchy cheeks thoughtfully, and stared out into space, communing with the spirits. He would decide in the next day or two if the charges against Jim would stand.

‘‘And then what happened?’’ In his navy jacket and gray pants, Collier had the look and resolute attitude of a military man on a mission, like a true officer of the court. He had come in early like Nina and set up his files, stopping only to say Hi with utter impersonality, never letting so much as a change in the rhythm of his breathing indicate that he felt any different about her than any other defense attorney.

Due to the sunny weather, the conviction that she had a defense, or the dreamless sleep of the night before, Nina felt less nervous than usual herself. She felt more like predator than prey, reckless, almost high spirited.

‘‘I received additional information,’’ Clauson was answering.

‘‘Go on.’’

‘‘A statement by the defendant’s wife.’’

Jim, sitting beside Nina, nudged her. She nudged back, saying, ‘‘Objection,’’ at the same time. ‘‘The contents of any such statement are hearsay and inadmissible.’’

‘‘I haven’t asked him the contents yet, Judge,’’ Collier protested.

‘‘You will,’’ Nina said.

‘‘As a matter of fact, I would like to put the statement in evidence, Judge, so we might as well argue it,’’ Collier went on. He handed Nina and the judge’s clerk copies of Heidi Strong’s statement.

‘‘If the Court reads the statement, since the Court is deciding the facts without a jury, the damage is done,’’ Nina said. ‘‘The information has entered the judicial, uh, sphere. Therefore, I request that the Court decide the defense’s objection without reading the statement.’’

‘‘Now how can I do that, counsel?’’ Judge Flaherty said.

‘‘I will stipulate that a statement was made to the South Lake Tahoe police on or about October 24th, that the statement was made by Heidi Strong, and that it deals with an alleged conversation between Heidi Strong and her husband, the defendant herein. Under the rules of evidence, Your Honor, Doc Clauson can’t testify about her statements. It’s hearsay.’’

‘‘As to the hearsay argument, Judge, this statement can still come in because of the exception which applies if the witness is unavailable.’’ Collier handed out more paperwork. ‘‘This is a declaration prepared by the investigator assigned to work with me on the Strong matter, Sean Voorhies, indicating that the witness appears to have fled the jurisdiction. Basically, she has disappeared.’’

Nina read it quickly.

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