The Professor (McMurtrie and Drake Legal Thrillers #1)(100)
Faith took a deep breath, and tried to calm down. She could tell the Professor was trying to help her. “Well, there were bills of lading for all of Willistone’s deliveries, and they all had the delivery and pickup times on them. On the night of this accident, there was a–”
“Objection, your honor. May I approach?” Tyler was already moving toward the bench. “The witness is clearly about to testify to the fire that destroyed the Ultron plant, which you specifically prohibited when you granted our pre-trial motion in limine.”
“The objection is sustained,” Cutler said. “The witness is instructed not to mention the fire. Let’s move on.”
Tom glanced at Rick, who had joined Tom at the bench. “Any ideas, champ?” Tom asked.
“If I’d sued Ultron, Buck’s statements would come in as a party admission, but–”
“Too late for that,” Tom interrupted.
“She wants to help us,” Rick whispered, the desperation evident in his voice. “There’s gotta be something that’s admissible.”
Tom nodded, agreeing but unable to figure out what that was. The irony wasn’t lost on him. He’d taught evidence for forty years, and the whole trial hinged on getting Faith Bulyard’s testimony into evidence.
“Professor, please continue,” Cutler said. Tom nodded at the Judge, his eyes rotating to Faith Bulyard, who looked almost as desperate as Rick. Then to the jury, many of whom had confused, irritated expressions. Finally, Tom looked at Tyler, who was now sitting down, the picture of cool. He thinks he’s won.
Tom’s mind drifted to his book. McMurtrie’s Evidence. The chapter on hearsay. There were twenty-three exceptions, and Tom had a subsection on each one. Then there were three types of statements that, by definition, were not hearsay. Tom felt a tickle in his brain. What did Rick just say about Ultron? If he had sued Ultron...
“Professor, if there are no further questions...” Cutler stopped, not needing to finish the thought. Tom knew he was out of time. Think... With his back to the stand, Tom raised his eyes and looked to the galley. The courtroom was deathly quiet, all eyes on him. Adrenaline coursed through Tom, and as his eyes met Jack Willistone’s, he felt the tickle again. And then...
...it all clicked.
“Ms Bulyard,” Tom said, turning on a dime. “Have you had any conversations with anyone associated with Willistone Trucking Company regarding driver schedules, the bills of lading or testifying at this trial?”
“Objection, your honor, the question clearly calls for–” Tyler started, but Tom was ready.
“Anything anyone from Willistone told her would be an admission by party opponent, which, by definition, is not hearsay. Rule 801 (d)(2) of the Alabama Rules of Evidence.” Tom paused. “Chapter 47, subpart 5 of my book.”
Cutler opened his copy of McMurtrie’s Evidence to the page, then he shot Tyler a look. “Mr Tyler?”
“It would have to be an officer or high-ranking official with Willistone for that section to apply,” Tyler said, sounding weak.
“The objection is overruled,” Cutler said. “Ms Bulyard, please answer the question.”
Faith cleared her throat and looked directly at Tom. “Yes. I’ve spoken with someone at Willistone.”
“Who?” Tom asked, holding his breath.
“Jack Willistone. The owner of the company.”
Tom’s eyes shot to Tyler. That high-ranking enough for you, Jamo?
“Ms Bulyard, “ Tom said, pausing and looking at the jury. This is it, he thought. “Tell the jury what Jack Willistone said to you.”
Faith did not look at the jury. Instead, she glared at Jack Willistone. How do you like me now, you bastard? she tried to convey with her eyes. Then, clearing her throat, she began to speak. “Jack Willistone threatened me and my family if I testified today.”
“That is a goddamn lie!” Jack screamed, rising from his seat at the defense table and shaking his finger at Faith.
Loud banging came from the bench, and Judge Cutler stood. “Quiet! I’ll have quiet in this courtroom. Mr Willistone, another word from you and I will put you in jail for contempt. The jury will disregard this outburst. Mr Tyler, you need to get control of your client.” Tyler turned toward Jack, but Jack waved him off, sat down and crossed his arms. His face had turned beet-red. Faith never blinked as she stared at the man who killed her husband.
“Ms Bulyard,” the Professor’s calm voice broke through the tension like a gentle breeze. “How did Jack Willistone threaten you and your family?”
“He told me that if I testified or had any contact whatsoever with Mr Drake, he would tell my sons that their father–” Faith’s voice broke and she looked down at her hands “–that their father was a homosexual.”
Several gasps rang out in the courtroom, and Faith looked up, this time turning her gaze to the jury. “Jack had made videos and photographs of my husband with... other men. He sent them to me, and told me he’d make them public if I testified in this case. He threatened me on the phone and in text messages. I never understood why he was so hot to keep me away. It wasn’t until I saw that bill again that it clicked. He didn’t want you to see that bill,” Faith told the jury, and Jameson Tyler bolted out of his seat.
“Objection, Judge. She’s just giving her opinion now. That’s–”