Grant of Immunity (25 page)

H
art felt
sick to his stomach. While talking to Amanda and Sean over a light breakfast, he had to excuse himself. He vomited in a stall in the men’s restroom and returned to find the two lawyers deep in discussion about the status of the case.

“I can’t imagine who Reynolds might call as the next witness,” Sean said. He took a bite out of the egg sandwich he had ordered.

“This could be the end,” Amanda replied. “Reynolds could call Erin, but I don’t think she will. The last thing Reynolds wants is for the jury to see Sarah Collins’s daughter tell how Babbage abused her.” Amanda was eating a fresh fruit salad and drinking herbal tea.

“I agree,” Hart said, sitting down. He took a drink from his water glass, leaving his oatmeal untouched. “Then it’s time to talk about whether or not I should testify.”

Amanda sipped her tea. “I’m hoping it won’t come to that. If you try to tell what really occurred, you’d be supplying Babbage’s corroboration, and it would come down to your word against his. The case is going well, but it’s always a gamble if it goes to the jury for decision. Babbage is a cop, after all, and we’re in Van Nuys. Out here, juries believe police officers.”

“But you’re a judge,” Sean said to Hart. “Doesn’t that count for something?”

Hart shook his head. “Accused of murder. A disgrace to the whole community. If anything, they’ll be harder on me
because
I’m a judge.” And he thought,
if the jury believes everything Babbage says, it would mean a conviction for rape and first degree murder with a special allegation for using a knife, and for torture—that’s life in prison without the possibility of parole. It’s not likely I could survive very long in prison, at any rate.
Then he said out loud, lying, “Whatever the outcome, I’m prepared to accept it.”

“Don’t give up yet,” Amanda said. “For now, let’s concentrate our energy on our motion to dismiss.”

“I don’t think Fields will dismiss,” Hart said. “I wouldn’t, if I were him.”

Amanda looked surprised. “Why do you say that?”

“If there’s any evidence at all of guilt, I’d send the case to the jury. After all, it’s their call. No conscientious judge wants to second-guess a jury, especially in a murder case. Sure, Babbage is a liar. I, of all people, know that. After all, I was there. But the jury wasn’t, and most judges would leave it to the jurors to assess Babbage’s credibility.”

Amanda looked at her watch. It was 8:15. “Any other thoughts before we go to court? Sean?”

“I don’t agree with Judge Hart,” Sean said. “It seems to me that nothing Babbage says makes any sense. He sounds like a murderer trying to cover up and blame someone else.”

“I can’t be objective,” Hart commented. “I’ve been through more cases than I can count. But this one is completely different for me. I just don’t think Fields will grant a motion to dismiss.”

“I hope you’re wrong,” Jordan said.

W
hen court reconvened
, Hart studied Amanda as the jurors came into the courtroom. This was a woman he admired and trusted, the lawyer who had impressed him the first day he saw her work in court, and who continued to impress him. Hart had watched Babbage twist the truth inside out and calmly fabricate facts when it served his purpose. It was up to Amanda, using cross-examination—“the greatest legal engine ever invented for the discovery of truth,” according to jurist John Wigmore—to strip away the mendacity and reveal Babbage for the lying maggot he was. This morning she’d made some progress. But even with all her skill, it wasn’t enough. Hart had watched jurors throughout the testimony, and he could tell that they were clearly sympathetic to Babbage.

“You may continue your cross-examination,” Judge Fields said.

Jordan stood, notes in hand, and walked over to the podium. One eyebrow raised, she gave Babbage a long, appraising look. At once, the atmosphere became charged, even though she hadn’t spoken a word.
What courtroom presence she has
, Hart thought.
Always perfectly dressed, always calm, always assertive in her manner and tone of voice.
In the jury box, there was considerable stirring as each juror moved to face her.

She read over her notes for a minute, then looked up. “You’re a police officer and a patrol sergeant?”

Babbage folded his muscular arms in front of him and leaned back. “Yes,” he replied.

“Sworn to protect and serve the people of the City of Los Angeles?”

“That’s right.”

Babbage sat up straight. He had a slight condescending smile that bordered on a sneer.

Jordan continued. “As a sergeant, your job is not only to supervise but also to maintain high standards of conduct for your patrol officers?”

“Yes.” Babbage’s eyes narrowed.

“Do you apply those same standards to yourself?”

“Of course.”

Jordan paused, an angry look on her face, and stared silently at Babbage. Babbage stared back. Time seemed to stand still in the quiet of the courtroom. Then Jordan spoke, her voice loud and accusatory. “You’ve testified today,
Sergeant Babbage,
that nineteen years ago, you went to the Hollywood Hills Reservoir with Sarah Collins, a woman and a mother of two children. You smoked pot. You engaged in oral sex with her. That doesn’t set much of an example, does it?”

Babbage didn’t answer right away, just stared at Amanda, with eyes radiating hostility. Finally, Babbage took a breath and said, “As
you
know
, I wasn’t a police officer then—I was just twenty years old at the time.”

“Indeed, sir, you’ve admitted that
you
had Sarah Collins orally copulate you, haven’t you?”

“The murderer
forced
the victim into oral sex. What Sarah did to me was what she wanted to do.”

“That’s what you would have this jury believe,” Amanda retorted. “In fact, didn’t you use that same argument when you were suspended for misconduct earlier this year?”

“Objection!” Reynolds said, shouting. “I demand a sidebar on this, Judge. Request that Counsel be held in contempt!”

“Your request is denied, and your objection is overruled,” Judge Fields said calmly. The witness will answer the question.

“I don’t know what you’re talking about,” Babbage answered.

Jordan glared at Babbage. “It was June thirteen of this year, wasn’t it? You were a police officer and a sergeant then, correct?”

“Yes.” Babbage tensed, leaned forward, face reddened with anger.

“You were on duty and in uniform in the early morning hours were you not?”

Babbage didn’t respond at first. He glanced over to Reynolds. Then nodded.

“Please answer out loud, Sergeant Babbage,” Jordan demanded.

“I believe I was on duty then, but I’d have to check to be sure.”

Jordan picked up a document. “If you don’t remember, Sergeant, I can show you your own report from that night to refresh your memory.” Then without waiting for a response from Babbage, Jordan waved the back of her hand at Babbage, voice raised, “You were on duty, a sergeant in full uniform when you stopped a female motorist using your red lights and siren at two-thirty a.m.?”

Reynolds exploded. “Objection. she knows this is improper. I ask the court to admonish the defense lawyer.”

“Your Honor,” Amanda responded, “the prosecutor opened the door to this line of questioning when she brought up the witness’s police officer status. I’m entitled to show that Babbage is a disgrace to his LAPD uniform.”

“Your objection is overruled, Ms. Reynolds,” Judge Fields said. Then, turning to Babbage, “Please answer the question.”

Babbage’s eyes narrowed, and he spoke slowly, pronouncing each word. “Yes, I was on duty.”

“And after you stopped the woman motorist, still in full uniform, you had her perform oral sex on you, did you not?”

Babbage’s face reddened. “A jury has acquitted me of any misconduct in that matter.”

“Are you denying that after you used your authority as a police officer to pull over a woman motorist, you had her orally copulate you until you climaxed?”

Reynolds looked like she would burst. “Judge, I object. You cannot allow this line of irrelevant questioning. The People request a sidebar.”

“Overruled. Sergeant Babbage will answer the question.”

At first Babbage said nothing, just glared at Amanda. His massive hands gripped the top of the witness box, knuckles white. Finally, he said, “I was acquitted of misconduct in that case.”

“
Answer the question
,” Amanda demanded. “Did you or did you not intimidate and force the female motorist you stopped to orally copulate you to climax?”

“I said I was
acquitted.”
Babbage continued to glare.

“Do you deny that you engaged in oral sex with a woman you pulled over for a DUI investigation?”

Babbage exhaled, shifted in his chair as he appeared to consider his response. “You’re forcing me to answer yes or no to a question that can’t be answered with a yes or no.”

“Objection, nonresponsive,” Amanda said, then added, “I ask the court to order the witness to answer.”

“Mr. Babbage,” Judge Fields said. “You are ordered to answer to the question.”

Babbage considered. Finally he said, “I don’t deny it, but there is much more to be said. May I explain?”

“I think you’ve done enough damage with your explaining,
Sergeant Babbage
.” Amanda threw the report down on the table.

“We’ll take our lunch recess at this time, members of the jury,” Fields said. “Please return promptly at 1:30 p.m.

As the jurors filed out, Hart stole a glance. The women were expressionless, but a man from the first row stared at Babbage and shook his head in disgust as he walked.

A
fter the noon recess
, Jordan returned to the podium. “Mr. Babbage, before the break, you wanted to explain why you intimidated a woman motorist that you pulled over with your police patrol car to perform oral sex. To be fair, I’ve decided to give you the opportunity to explain yourself to the jury. Please do. What is your explanation for your conduct?”

Sean was puzzled. Amanda had scored a major point earlier when she put Babbage on the spot about his misconduct with Erin. Why would she give Babbage a chance to wiggle out of the box she’d put him in? After all, Sean had been taught, it’s a fundamental principle of cross-examination never to give a witness a chance to explain.

“Objection, irrelevant,” Reynolds said, standing. “And prejudicial. The defense lawyer is putting up a smoke screen to confuse the jury with this irrelevant event.”

“It’s highly relevant,” Jordan countered, before Fields could answer.

“Overruled.” Fields said.

Babbage paused, took a breath. “I was seduced by the woman motorist I pulled over.”

“But, Mr. Babbage, you deliberately singled out and pulled over that woman with the intent of intimidating her into giving you oral sex, didn’t you?”

“I did not,” Babbage said, shaking his head.

“In fact, you knew who the woman motorist was well before you stopped her, didn’t you?”

Babbage glared at Amanda. “I deny that.”

Suddenly, Sean understood.

Jordan pointed her finger at Babbage.

“Do you deny that the woman you stopped was Erin Collins, the daughter of Sarah Collins, the victim in this case—the woman who was raped and murdered?”

Reynolds jumped up. “Objection! Judge, I insist on a sidebar conference.”

“Approach the bench,” Judge Fields said.

W
hat a day
, Fields thought. Then to Ms. Reynolds: “What is your objection?”

“Judge, this is preposterous,” Reynolds said, red-faced. “Ms. Jordan is testifying to facts that she has never proven. Everything that Counsel says may or may not have happened is irrelevant to this case. I demand the court admonish the jury to disregard this hearsay.”

Fields looked at Jordan. “Ms. Reynolds has a point, does she not?”

Jordan shook her head. “Not at all, Your Honor. My question is for impeachment, to show that the witness is biased, untruthful, and, in fact, the true killer. As an offer of proof, Ms. Erin Collins would testify that she is the daughter of Sarah Collins, and that she was stopped by Babbage and forced into giving him oral sex.”

“Officer Babbage was acquitted of all charges in that case, “Reynolds said. “Obviously, the jury in that case didn’t believe her story. And where is she? I saw no witnesses in the hall.”

“Do you have this woman under subpoena?” Fields asked.

“I do, Your Honor. In fact, she’s waiting downstairs in the cafeteria, and I can have her in the courtroom in minutes.”

“Good,” Fields said. Then to Reynolds: “Do you want to take this witness on voir dire—to question her and verify she’s the daughter of Sarah Collins and was stopped by Mr. Babbage?”

Reynolds hesitated, then said, “Yes. But my questioning must be outside the presence of the jury—otherwise it’s too prejudicial.”

“I object to that,” Jordan said. “I’ve made my offer of proof. Ms. Reynolds knows it’s accurate. If she wants to elicit details from Ms. Collins, then let her do it in open court.”

Fields considered.
On one hand, Jordan had already overstepped with the expert testimony. Should I allow her to do it again? On the other hand, Jordan has done nothing improper. She’s right that her question impeaches Babbage and shows bias. But more importantly, her client is facing life without the possibility of parole, and she’s entitled to some leeway.
“All right,” Fields said. “I’ll allow you to question Ms. Collins, if you wish, Ms. Reynolds. But it must be in front of the jury.”

Reynolds took a breath. “Judge, it’s wrong to force me to question in front of the jury, and I won’t do it. Either you let me examine without a jury present, or I move for a mistrial. I will not examine Ms. Collins in front of the jury.”

“Very well. Ms. Reynolds, your motion for a mistrial is denied,” Fields said. “Ms. Jordan, you may continue your examination.”

T
he lawyers returned
to the counsel table, and Fields spoke. “The objection is overruled. Mr. Babbage, you are ordered to answer the question. Ms. Jordan, please ask the question again.”

Jordan rose, pointed a finger at Babbage and asked, “Do you deny that the woman you stopped was Erin Collins, the daughter of Sarah Collins, the victim in this case—the woman who was raped and murdered?”

Sean was elated.
Let’s see Babbage get out of this
, he thought.

Babbage raised his eyebrows, paused. He looked at Reynolds, then back to Jordan. “I do not deny it.” He shook his head. “But she seduced me. She was driving under the influence, afraid of being arrested …”

“Are you saying you did not know who she was before you stopped her? Do I need to remind you, Mr. Babbage, you are under oath, and that if you lie, you will lose your immunity from prosecution?”

Reynolds, still standing, spoke. “I demand a sidebar conference, Judge.”

“Request denied,” Fields said. “The witness will answer the question.”

All twelve jurors looked at Babbage, waiting for his answer.

Brilliant
, Sean thought. Sean noticed that even Hart, who had been writing, put down his pen and glared at Babbage, eyes filled with contempt.

Babbage took a deep breath, sat up straight and responded. “I knew she was under the influence of alcohol and should not have been driving. I didn’t know who she was before I stopped her.”

“I have no further questions of this witness,” Amanda said.

“We are in recess until this afternoon at 3:30 p.m.,” Judge Fields said.

Sean watched with interest as the jurors filed out of the courtroom. They looked down, moving slowly.
They know Babbage is the murderer
, Sean thought.