” ‘There is one more thing, Your Honor,’ I said.” From Anatomy of a Murder, by Robert Traver, p. 259.
* * *
“There is one more thing, Your Honor,” I said.
“Yes, Mr. Turling?”
“Your Honor, the defense calls Fenton Walker, Jr.”
Judge Kilwin looked up from the papers he was shuffling and peered sternly at me over his glasses, one eyebrow raised. “Approach.”
I strode to the podium, the assistant state’s attorney clacking behind me in her high heels. She’d been flipping through notes for her closing argument. She thought we were done. We weren’t done.
The ASA pushed a piece of hair behind her ear and glared at me before starting in. “Your Honor, this witness was not disclosed. And frankly, I’m not sure what he could possibly offer. The defendant himself told the police that his son was not at home on the night of June 8, 2009, and the neighbor, Mrs. … Mrs. …”
“Fairview,” I offered, trying to be helpful.
“Mrs. Fairview. She testified that Fenton Jr., “Fen,” I think she called him, was sleeping over at her house that night. He was in the basement with her son Carl, playing video games. She checked on them at 9 p.m. and again just after midnight. Your honor, this is a pretty transparent effort, in my view, to garner sympathy from the jury–to say, hey, look at this poor boy who will grow up without a father if you find the defendant guilty. The time for that is at sentencing, not at a jury trial for first degree murder. I would ask …”
Judge Kilwin had heard enough. “Mr. Turling? Your response?”
“Rebuttal witness, Your Honor.”
“And what, exactly, will the young Mr. Walker be rebutting?”
“Your Honor, Officer May, the forensic evidence tech, testified that he found a blue Fila hat at the scene of the crime. Fen is gong to testify that his father owned no such hat.”
“That’s it?” The judge seemed confused.
“That’s it.”
“Fine. Get him up there, get your answer and get him down. We’re not parading family members around now. This trial is almost over with.”
“Yes, Your Honor.”
The ASA looked disgusted.
[To be continued …]