A Hole In One, Paul Weininger [top novels to read txt] 📗

that was a huge mistake of mine, I neglected to search under his seat,” he answered red faced.

Obviously, McCoy was a newly academy-graduated officer. He should have known better than not to check the entire vehicle. The protocol was to tell the driver to exit the truck immediately as soon as he is stopped, so he would not have access to any weapon that might be hidden in the cab of the truck. Had the driver refused to permit him to search under his seat, he could have held the driver there in handcuffs for his own protection. Not doing so may have resulted in his having been shot.

“I should have called for a supervisor, who would have come within ten minutes while I held the vehicle in place until he arrived. But since the guy’s references checked out, there didn’t seem to be any reason to hold him. But I regretfully admit that I didn’t follow protocol, and released the driver to continue on his way,” said McCoy.

“No more questions,” she said, somewhat embarrassed by the incompetence of her police department.

“Does the defense care to cross examine?” The judge expected that Jaxson would be stupid if he did, since no testimony damaging to the defendant was brought up by the last witness.

“No, Your Honor,” said the defense.

“We’ll recess until tomorrow morning at 9:00 sharp,” said Garnett, banging his gavel to adjourn for the day.

Twenty-Seven

The next day, the court clerk repeated the same orders as he had done on previous days and introduced the judge, who opened the proceedings by asking the D.A. if she had any more witnesses. When she replied that she did, he told her to call her next witness.

“The people call Detective Jason Sommerville.”

The detective walked into the courtroom in his fully pressed uniform and shined boots and was directed by the court clerk to the witness chair. Sommerville did as he was told and sat down. The clerk walked over to Jason and said, “Please stand, raise your right hand and place your left hand on the Bible. Do you solemnly swear to tell the truth, the whole truth and nothing but the truth, so help you God?”

“I do.”

“You may sit down, Detective.”

Stanford stood up and asked, “Detective Sommerville, were you involved in the discovery of a body on Rabbi Bloom’s property?”

“Yes ma’am, I and my officers along with Detective Pratt found parts of a body in the Rabbi’s backyard.”

“What made you go to his home in the first place?”

“Our Flagstaff Fire Station #18 had seen dark smoke coming from a residential area right there and called us to ask if we had received a 911 call.”

“What was your response to the fire department?” she asked him.

“I personally responded to them and confirmed receiving a 911 call from the next-door neighbors of Rabbi Bloom, who notified us that the fire was in the Rabbi’s backyard. We immediately sent a black and white to the scene.”

“Did the fire department come and extinguish the fire?”

“No. The black and whites, who got there first, extinguished the fire with the extinguishers they carry in their trunks and I told the fire department we had it under control.”

“Did you give the Rabbi a summons for igniting an illegal fire for burning leaves in his backyard and ask him about the skull?” Although she knew what answer to expect, she wanted to get it on the record.

“No, we didn’t give him a summons for burning leaves. We arrested him, instead.”

“Why would you arrest anyone for illegally burning leaves in their backyard instead of giving them just a summons?” she continued for the record, since again she already knew the answer.

“Because we found parts of a murdered body under the ashes of the burnt leaves.”

“What was the Rabbi charged with?”

“Murder and desecration of a human body,” Sommerville answered.

“Is he still in custody?” she asked.

“He was in jail at the Flagstaff Police Department, but his congregation raised enough money to cover his bail. He has since been released,” Sommerville replied, sounding somewhat frustrated.

“No more questions for this witness, Your Honor,” the D.A. announced.

“Does the defense wish to cross?” asked Judge Garnett.

“We do, Your Honor,” the defendant’s lawyer responded quickly.

“Proceed.”

“Detective Sommerville, why isn’t the District Attorney of Flagstaff presenting this case instead of the District Attorney from Sedona?”

“Because D.A. Holland from Flagstaff is undergoing chemotherapy and is on official departmental leave until he is able to return. That’s why D.A. Stanford was given jurisdiction in our city by the mayor after D.A. Holland called him and asked him to permit her the jurisdiction she needed.”

“May I approach the witness, Your Honor?” Jaxson asked.

“You may.”

As he came within ten feet of the witness, he faced the jury and very smugly asked, “Tell me, Detective, if a resident found a dead cat, dog, or even a deer in their backyard, would you arrest them for animal cruelty?”

Jason smiled inwardly and answered, “Well, that depends on the facts. If that resident shot what they claimed to be a nuisance animal on their own property, then probably not. If he were just violating the ordinance against open burning, we’d probably give him a ticket. But in this case, we had witnesses who saw this resident place a rolled-up bundle on the ground, cover it with leaves and then set it ablaze. This could still mean just a ticket and a fine, but when a burnt bundle contains a human skull with a bullet hole in it, then yes sir, we arrest him.”

Taken aback a little by that answer, Jaxson regained his composure and returned to the defendant’s table. He proceeded with another question, “You mean to tell me that you actually have witnesses who saw the Rabbi shoot the victim?”

D.A. Stanford was impressed with the defendant counsel’s ability to take his foot out of his mouth.

“No,” said the detective. “We have no witnesses who saw the Rabbi shoot anyone but...”

Jaxson stopped him in mid-sentence by objecting. “The witness has already answered my question with a negative