After Anna(84)
‘I’m going to show you a document and ask you to please identify it for the jury.’ Linda retrieved a paper from counsel table, then placed it in front of Thomas, Judge Gardner, and then the detective, who read it and looked up.
‘This is the text that we found on the defendant’s phone. The text was sent at 6:55 P.M. on May 10, the night of the murder.’
‘Your Honor, I’d like to mark this as Commonwealth Exhibit 43.’ Linda glanced back at Thomas, who nodded.
Judge Gardner nodded. ‘So admitted.’
Linda signaled, and the text appeared on the screen.
Anna, will you meet me at my house @915 tonight? I’m sorry and I want to work this out. Please don’t tell your mother.
‘Detective Hickok, did you consider this text relevant to your investigation?’
‘Yes, it was highly suggestive of guilt. The literal terms of the text, the fact that the meeting place was at the defendant’s home, and that the defendant was present on the scene at the time the victim was murdered and was the one to call 911.’
‘And what did you do next?’
‘We proceeded with our investigation through the night.’
‘And what, if anything, did you conclude?’
‘We concluded that the defendant had committed the murder of Anna Desroches.’
‘On what did you base your conclusion?’
‘We had ample evidence. In addition to the defendant’s text to the victim, we considered the existence of a PFA Petition that had been filed by the victim against the defendant on Monday, May 8, only two days before the murder.’
‘Detective Hickok, excuse me, why was that relevant?’
‘It showed that the defendant had attempted to engage in prior sexual misconduct with the victim, supporting our theory that the defendant lured the victim to his home for another attempt at sexual misconduct, was rebuffed, and killed the victim in a fit of rage or a crime of passion, which generally occurs by strangulation.’
‘Did you consider other evidence to form your conclusion that the defendant had committed the murder?’
‘Yes, we also considered the autopsy report and the trace evidence of hair, fibers, and DNA evidence that had been collected and analyzed by the criminalists, all of which supported our theory.’
Linda cocked her head. ‘Isn’t it true that typically, in a strangulation murder, the victim will fight back, leaving so-called defensive wounds on the perpetrator?’
‘Yes.’
‘Did the defendant have any such defensive wounds?’
‘No.’
‘Did that undermine your conclusion that the defendant committed the murder?’
‘No. Defensive wounds typically occur on the arms, and the defendant was wearing an oxford shirt with long sleeves at the time he was taken into custody.’
Noah listened, his chest tight. Detective Hickok was coming off as smoothly credible, and Linda was preemptively asking questions that she anticipated Thomas would be asking on cross-examination. Unfortunately, Detective Hickok had an answer.
Linda paused, head still cocked. ‘Isn’t it also true that typically, in a strangulation murder, the defendant will get the victim’s skin cells underneath his fingernails, during the struggle?’
‘Yes.’
‘Did the defendant have Anna’s DNA under his fingernails?’
‘No.’
‘Did that undermine your conclusion that the defendant committed the murder?’
‘No. We knew that he was a doctor and had access to gloves, and his text to the victim demonstrated planning, so he could have had the gloves with him.’
‘Detective Hickok, were gloves found on the defendant’s person when he was taken into custody?’
‘No.’
‘Did that undermine your conclusion that the defendant committed the murder?’
‘No. He could have disposed of the gloves before he called 911.’
‘Did you or anyone else find any gloves on the property?’
‘No, but because we determined that the homicide was by manual strangulation, we didn’t conduct a search, as we would have for a murder weapon. In addition, the other evidence of guilt was so overwhelming that it justified the charge.’
‘Did you find any fingerprints of the defendant’s on Anna’s neck?’
‘No, our Forensic Unit doesn’t have the capability to take fingerprints from skin or fabric.’
‘Detective Hickok, what did you do next in your investigation?’
‘My partner and I met with an assistant district attorney and presented the evidence. He determined that the evidence was sufficient to charge the defendant, and we placed him under arrest and in the morning, he was arraigned.’ Detective Hickok turned to the jury. ‘That’s a fancy word for formally charged.’
‘Thank you, Detective Hickok. I have no further questions.’ Linda smiled, obviously pleased, and returned to counsel table.
‘I have cross, Your Honor,’ Thomas said, already on his way to the stand, as Linda passed him without a glance, then sat down.
Judge Gardner nodded. ‘Please proceed, Mr Owusu.’
Thomas stood at a distance from the stand. ‘Detective Hickok, when you went to the crime scene, weren’t you aware that Dr Alderman had already been brought in for questioning in connection with the murder?’