Witness

Part 9

Jack waited as Justin made his way to the stand. He was unsure how to handle the Pittsburgh connection. He had an idea of the tactics that Stockwell was going to try and employ, but he wasn't sure if he should head off the line of questioning or wait and see what Jim was going to do. As Justin was sworn in, Jack made his decision. Justin was well prepped and he was smart. He would stick to his original line of questioning and leave the Pittsburgh case to Stockwell. Justin was a good witness and Jack didn't believe that he would be trapped.

"Mr. Taylor, would you please recount your recollection of the events of March twenty second, nineteen ninety five."

Justin took a deep breath before speaking. "I was in my bedroom doing homework. My mother, my sister, and I were the only ones home. Shortly after eight I heard our front door slam and my father made his way up the stairs and screamed to my mother. I heard them yelling at each other in their bedroom. My father screamed at my mother and asked her what she thought she was doing."

"Did you have any idea what he was talking about?"

"No, my parents always kept business and their personal dealings away from Molly and me."

"What happened next?"

"My father continued to scream at my mother. I heard my sister yell 'Daddy, no!' I ran to my parents' room and saw my father holding a gun at my mother. Just as I walked into their room, he shot my mother. My sister screamed and my father turned and shot her. I gasped as she fell to the floor. Then my father turned and shot me. That's the last thing I remember from that night."

"What is the next thing you remember?"

"I woke up in a hospital room with federal agents. They explained to me that I was in Federal Witness Protection and that I was presumed dead. I was told as soon as I was well enough to travel I would be given a new identity and would be relocated to a new location."

"How were you approached to testify?"

"I was contacted by one of the agents that had handled my case. I was told they were prepared to file charges against my father and would need my testimony."

"Mr. Taylor, has anyone coached you or influenced your testimony in anyway?"

"No."

"So your testimony here today is based solely on your own memories about the deaths of your mother and your sister."

"That is correct."

Jack looked over at Judge Ross, "I have no further questions."

Jaime nodded and turned to Jim Stockwell. "Mr. Stockwell, your witness."

Jim approached the stand. Justin was looking a little bit pale. "Mr. Taylor, do you need a break?"

Justin looked Jim directly in the eye, "No sir, I do not."

"Alright. I would like to ask you some questions about your family since Mr. McCoy chose not to address that."

Justin nodded. Jack recognized where Stockwell was going. He leaned forward in his seat, ready to object if necessary.

"Was your childhood happy?"

"It was alright."

"Would you please elaborate?"

Justin rolled his eyes at Stockwell's fishing expedition. "My father worked a lot, he wasn't around much. My mother did a lot with Molly and me.

"Well, I'm sure in a lot of families the father works a lot. When your father was able to spend time with you, what did you do?"

"My father was always trying to get me interested in sports. He would take me to the Knicks and Yankees games, but I was never very interested."

"However, you will admit that your father attempted to participate in traditional 'father / son' activities?"

"I guess."

"Were you aware of any strains in your parents' marriage?"

"No, I was not."

"So, based on your childhood experience, there is no evidence that supports that you father would have any reason to kill your mother and your sister?"

"Other than my witnessing it, no."

Touche, Jack thought.

"Your honor, I move that the last remark be stricken."

"And why is that Counselor?"

"Supposition."

"Overruled, the witnesses remarks will remain."

Stockwell frowned at the judge's ruling. "Mr. Taylor, you were in a coma for six months following your injury, is that correct?"

"Yes."

"Are you aware, that after such a long comatose period a patient's memory may be inaccurate?"

"No."

Stockwell smirked to the jury. "I have no further questions."

This surprised Jack, but Stockwell had tipped his hand slightly. He was going to discredit Justin's testimony based on his coma. Jack whispered to Serena and sent her off to make some phone calls.

"Mr. McCoy, call your next witness."

"The people call Special Agent Benjamin Bruckner."

Ben took the stand and proceeded to be sworn in. "Agent Bruckner, how did you first come to investigate the defendant?"

"Mr. Taylor's wife, Jennifer, came to us. She had concerns about the nature of her husband's business. She began to believe there were some unsavory aspects of his business."

"So how did you proceed with the investigation?"

"Jennifer Taylor offered to collect evidence for us against her husband."

"Were you ever able to proceed with an indictment?"

"No, we were not?"

"Why is that?"

"Jennifer Taylor was murdered before we could indict."

Stockwell leaped out of his seat, "Objection your honor, speculation."

"Your honor, Jennifer Taylor's murder is a matter of public record."

"Overruled."

Jack rolled his eyes, Stockwell was grasping at straws. Jack continued his cross examination of Ben.

"Agent Bruckner, what prompted you to re-open this case now?"

"This case has always haunted me, but at the time I didn't want to put Mr. Taylor's son through the ordeal of a trial. He was only seventeen at the time and was recovering from life threatening injuries. However, recently there has been some activity that led me to believe that Craig Taylor was active again. I decided to approach Justin Taylor. Since there is no statute of limitations on murder, and with his agreement, I decided to re-open the case."

"I have no further questions."

Judge Ross looked at her watch, "We will recess for the day."

Stockwell stood up, "Your honor, what about my motion for severance?"

Jaime waited a second before answering. "In order to avoid any accusations of impropriety, I will grant the defense's motion. Detective Kinney is hereby ordered to have no contact with the prosecution or any of their witnesses."

Justin gasped. Brian touched his arm to calm him down. "Don't worry Sunshine, I'll be with you in spirit. You'll be fine."

Justin absorbed Brian's strength. He touched the cowry shell bracelet that adorned his wrist and nodded.

Judge Ross watched the interaction from her place on the bench. It was obvious that the two men drew strength from each other, but she couldn't risk a mistrial. "Detective Briscoe, you will escort Detective Kinney from the court room and ensure that he gets settled in new accommodations."

Briscoe reluctantly nodded. He felt that Stockwell was playing dirty, trying to rattle the prosecution's case, but he had to comply. "Yes, your honor."

"I am trusting that as officers of the court, all of you will comply by this order."

Brian rose from Justin's side, "Yes, your honor."

He reluctantly left Justin's side and followed Lennie out of the courtroom.

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Jack asked Justin to come back to his office. He was worried about the young man's state of mind after the judge's ruling to separate him and Brian.

"Justin, are you ok?"

"Mr. McCoy, I'm fine."

"Ok, but you know I'm here if you need me."

"Thank you."

Jack nodded and gestured for Justin to sit down. "After Stockwell's cross I got an idea about where he's going."

"What do you think he's planning to do?"

"I was looking over his witness list and he's calling a doctor who is a specialist in brain injuries. I think he is going to try and prejudice the jury that your injuries from the shooting and subsequent coma make your memories tainted."

"What are you going to do?"

"I had Serena make a few phone calls. I've issued a subpoena for the doctor that treated you. Depending on what Stockwell's witness has to say, I will call your doctor as a rebuttal witness to discuss your case specifically."

Justin was worried, "How will this help?"

"Their witness never treated you. All he will be testifying about is generalities about patient's with brain injuries. If the testimony is too damaging, we will call the doctor who actually treated you."

Justin nodded, but the worry was etched in his face.

Jack placed his hand on the younger man's arm, "They're reaching for straws Justin. We'll make sure the jury sees that."

Justin nodded, but couldn't stop the tears that welled up in his eyes.

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Lennie helped Brian get settled into a suite at the Wellington. The judge's orders were that Brian stay in a separate hotel.

"Wow, they really want to segregate us, don't they?"

Lennie gave Brian a half smile. "She's just trying to make sure there are no appearances of impropriety."

Brian snorted at that remark.

"I know Jamie Ross, she's a good jurist. Before she took the bench she worked with Jack McCoy, so I know her quite well. She's doing what she feels is best for the case."

"Lennie, I'm a good cop, just like you. Although I think the defense is grasping at straws calling me as a witness, I know how to comply with a subpoena."

"I know Brian. Please don't take offense, but I have to stay here with you tonight, you know … just to be sure."

Brian rolled his lips inside his mouth and nodded, "I don't like it, but I understand."

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Across town, Justin was getting settled into his suite. Logan had accompanied him back after the trial. Justin went into the bedroom to change. The suite felt incredibly empty without Brian. The bracelet that Brian gave him helped to ease his misery.

Justin walked back out into the living room and was surprised to find Logan still there. "You don't have to stay, I'm all set."

Logan shifted from one foot to the other, "Actually, I have to stay here tonight."

Justin didn't understand, "Why? Am I in some kind of danger?"

"Umm … no … but because of the judge's order …"

Suddenly, Justin understood. Logan was there to make sure he didn't contact Brian. "Do you like Scrabble? I always keep my travel Scrabble with me, wanna play?"

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