Directed Verdict (Failed Justice Book 1) (21 page)

CHAPTER 39

“Are you ready to proceed, Ms. Clarke?”

“Yes, Your Honor.”

“Please call your next witness.”

“The People call to the stand Bernice Kolkolski.”

Thirty seconds later Judge Sugarman had to bang his gavel. The buzz in the courtroom was overwhelming. Heads turned and questions were being asked. This was the last person the gallery expected. How did she get here and what was she going to testify to?

Billy Jo did his best to prepare his client for this event in advance, but still the retired judge could not comprehend the enormity of it all.

Bernice Kolkolski entered from the swinging doors in the rear, kept her focus straight ahead, and was helped to the witness chair by ADA Clarke. She was wearing a long black dress, as if she were in mourning. At the last minute Bernice looked at Wally and mouthed the words,
“I’m sorry, Wally.”

“Please state your name and address for the record.”

“Bernice Kolkolski, K-O-L-K-O-L-S-K-I. I live in Miami Beach, Florida.”

Marta knew she had to tread lightly. One slip and it could blow up in her face.

“Mrs. Kolkolski, are you related to the defendant in this case?”

“You know damn well I am. Wally is my ex-husband. We were married for more than twenty-two wonderful years.”

“Mrs. Kolkolski, may I call you Bernice?”

“You may not. I allow only my friends to call me by my first name. We are hardly friends, are we?”

“Mrs. Kolkolski, we appreciate how difficult this must be for you.”

“
Do you? Do you really? You have no idea.”

“Mrs. Kolkolski, are you appearing here voluntarily?”

“You know I’m not. I was served with a subpoena and you sent two of your State Storm Troopers down to Florida to make sure I got on the plane.”

“Your Honor, permission to treat Mrs. Kolkolski as a hostile witness.”

“Granted.”

The judge then turned to the witness.

“Mrs. Kolkolski, I have granted Ms. Clarke to treat you as a hostile witness. Do you know what that means?”

“Do you think I’m stupid, Judge? Maybe you forgot when you were practicing law and asked Wally for all those favors when he was a superior court judge. Yes, I know what a hostile witness is and I fully intend to act that way. I guess now we all understand each other, Your Honor.” Bernice made sure to add emphasis on the words, ‘Your Honor’.

It did not go unnoticed by anyone.

“Mrs. Kolkolski, how long have you been divorced from the defendant?”

“More than thirteen years, but you already know that too, don’t you?”

At that point Sugarman had no choice but to interrupt.”

“Mrs. Kolkolski, we know this is not easy. Let’s try and make the best of a bad situation. Your comments to Ms. Clarke are not helping the matter and just dragging it on longer than necessary.”

Bernice said nothing.

Marta thanked the court.

“For the record, Your Honor, the parties are legally divorced. Spousal privilege does not apply.”

“Correct. You may proceed, Ms. Clarke.”

Wally watched every movement made, listened to every word. He had been instructed by Billy to say nothing and more importantly, to hide his expressions. He did not want Wally to confirm or deny what his ex was testifying to by a nod or look of disgust.

“Mrs. Kolkolski, did there come a time when you first met Anthony Ricardo?”

“Yes.”

“And can you tell us the time, place, and circumstances?”

“I met Antonio, I mean Anthony at—”

“Sorry to interrupt, but you said Antonio. Could you please explain that to me?”

“I was in a bar, Buzzy’s on Collins and 17
th
in Miami Beach, when I met him. He told me his name was Antonio Ricardi. I saw no reason to disbelieve him.”

“Go on.”

“We got to talking, he bought me a drink, I bought him a drink, and at some point he asked me for my phone number. I said, “What the hell,” and I gave it to him. A couple of days later he suggested he come over to my place with a six pack so we could get to know each other a little better.”

Bernice purposely avoided looking in the direction of defense counsel table. She was fully aware she had been divorced for thirteen years, but she knew how much this was hurting poor Wally.

“Would you like a glass of water, Mrs. Kolkolski?”

“Thank you, please.”

Marta knew a small break in the questioning would help settle Bernice down.

“Are you ready to continue, Mrs. Kolkolski?”

“Yes. Antonio came over, we talked, we drank, yadda, yadda, yadda, we had breakfast at my place the next morning.

Everyone was waiting for Marta’s next question.

“Not to be indelicate, and merely for the record, but did you have sex with Antonio, I mean Anthony?”

“Yes. A few times.”

Bernice was dying to elaborate but not with Wally in the room.

“Go on.”

“We sorta started seeing each other, you know what I mean. It was nice to have company in the evening. To talk to somebody. To be with somebody, and I know exactly what you’re thinking. I’m not a cougar. I knew it wasn’t going anywhere. I was lonely, and from what I could tell, so was he.”

“Thank you for your candor. At what point did you find out Antonio was really Anthony and he had been a defendant in a case your husband, I mean ex-husband, presided over?”

Bernice had thought about it before. She did not know the exact date.

“It was after Wally, I mean my ex, came down to Miami unannounced, knocked on my door, and I came to the door in a housecoat. I was entertaining Antonio. I mean he was in the house. Wally did not recognize Antonio; he had shaved his head bald, but Antonio knew him. He yelled out ‘Judge Kolkolski,’ freaked out, and ran. That was the last time I saw Antonio, I mean Anthony.”

“Your Honor, may we have a brief recess?”

“Fifteen minutes. I want everyone in their seats by eleven sharp. Adjourned.”

Billy Jo and Wally immediately began to huddle. Bernice headed to the ladies’ room. She had to pee. Marta needed a cup of coffee. She would have preferred something, anything, stronger. Surprisingly enough, it was going far smoother than Marta had anticipated.

Susan Watts, Juror Twelve, a prim and proper white lady in her mid-forties was discussing the testimony with Roger Rabbitt, definitely not the name he was born with, Juror Nine, an unemployed homosexual actor.

“She’s at least sixty, sixty-five, and Antonio was no more than twenty-two, twenty-three years old. What’s this world coming to?”

Roger, age 41, had no answers. He would have gone to bed with just about anyone who asked him. Male or female. He was that desperate.

“Is it against the rules if we carry on this conversation later, after the afternoon session?” Roger meekly inquired.

“I don’t know, but I won’t tell if you don’t.”

Roger had just scored his first date with a good looking female in a long time.

It was time. The other jurors were watching them and the court attendant was letting them know the fifteen minutes were up.

***

“Mrs. Kolkolski, you are still under oath. Ms. Clarke, you may continue.”

“Thank you, Your Honor.”

“Mrs. Kolkolski, did you have any conversations with your ex-husband after that evening?”

“You may call me Bernice. You’re not my friend, you’ll never be my friend but you appear to be nicer than I thought.”

“Thank you, Bernice.”

“Wally called me when he got back to Newark. I think it was three or four days later. It was after midnight and he had been drinking. Someone had sent him an envelope of two photos. One was Anthony and the other Antonio. It didn’t take a genius to figure out they were one and the same.” She looked down at her fingernails.

“That’s when Wally lost it. He broke down and cried and told me why our son Teddy had died. Actually he was killed in prison. Not because he did anything wrong but he was charged with a serious crime, it was an election year, and the DA needed a conviction to make himself look good. That’s all the system cares about—convictions, not justice. He said the system sucks, and he was doing his small part to correct it.”

Bernice broke down and began sobbing. Wally attempted to leave his chair but the deputy restrained him.

“I am so sorry, Bernice,” Marta said.

“Ten minute recess,” came from the bench.

***

Roger Rabbitt and Susan Watts sat together in the lunchroom. They were forbidden to talk about the case, so over New England clam chowder and fish sticks, they discussed the theatre. Roger had been unemployed since
Boyz in the Bushes
closed off Broadway more than fourteen months ago. Susan hated her job at Bank of America and just knew she had the talent to make it—if someone would just give her a chance. They agreed to meet for a drink later that evening. It would be their little secret.

Madeline Wallace was feeling left out. She had purposely smiled at Mr. Gibson on several occasions the past few days. He had not returned the gesture. He was too darn busy to notice she was wearing a new dress and had her hair done the night before. With coloring, trim, and tip, it cost her well over sixty-five dollars. Far more than her budget called for. She was sure Billy Jo, as she now secretly thought of him, would have said something.

He didn’t.

Maybe he’s not as nice as I originally thought. After all, he is a lawyer and you know how far you can trust their kind.

Billy Jo had no idea. He had a few other things on his mind, like trying to save an innocent man from going to jail for murder.

La’Tasha Williams looked around the jury room and felt the only things missing were a bartender and loud music. Everyone appeared to be either hitting on someone else, or scouting the room to see who might be available.

What the hell is going on? This is where you go for justice; not to get laid.

La’Tasha merely shook her head in disgust.

CHAPTER 40

By noon the next day a thoroughly weary and defeated Bernice left the witness stand. Cross examination was perfunctory, at best. There was not a hell of a lot Billy Jo could do to rehabilitate his client.

Bernice had told the truth. The whole truth and nothing but the truth. She needed to get it out of her system. She had no idea what was going to happen next. Wally made it clear if he were found not guilty, he would like to move to Miami and try to start over with Bernice.

She wasn’t so sure. She didn’t want to give him false hope but she did not want to lie. He was fighting for his life. He had committed judicial misconduct more times than he could remember, all to tip the scales back to their original position.

It was the least I could have done for the memory of Teddy. He was a victim of circumstances, in the wrong place at the wrong time

He looked and acted like a beaten man, and Bernice knew it.

The testimony had hurt Wally and there was no way of getting around it. Although it was bad for Wally’s personality and ego, it was not proof he murdered the victim. It showed he was human and made remarks any man would have made if they found out someone was sleeping with their wife. Or ex-wife. Everyone says things in a moment of stress they don’t believe. It’s a cleansing mechanism for the mind.

***

Marta had one last witness. Then she had no choice but to rest. Denzel Beegan, police officer for the City of Newark. He would not make the greatest witness but you take what is given to you and try to work with it.

The officer wore his only dress uniform. He had been on the force for fewer than five months. He had on his shiny new metal for sharpshooting and one for medical aid training. His shoes had been spit shined and his uniform freshly pressed.

He had everything going for him, except experience.

Denzel was sworn in and went through the usual formalities.

“Now Officer Beegan, what were the circumstances when you first encountered the defendant?”

Marta had made it a point throughout the trial to never refer to the defendant as Judge Kolkolski. That would be precise, accurate, and respectful, but clearly send the wrong message.

“I was on patrol in my squad car, alone, when I got a five three nine. Oh, that’s a domestic disturbance call. I proceeded to the residence and knocked on the front door. I noticed it was unlocked. I announced myself according to police regulations and entered the subject premises. May I have a glass of water, please? This is my first time on a witness stand and my throat is dry.”

“Relax, Officer, you’re doing just fine. Please go on,” Marta stated as she poured a Dixie cup for the now perspiring cop.

“I entered the premises just as I was taught to do. I saw an elderly gentleman on the floor in the hallway, next to the living room. He was sitting up and rubbing the side of his head.”

The officer paused, reached into his right rear pocket, and pulled out a thin, standard #250 witness notebook. He had dog eared the appropriate page.

“Here it is. He was rubbing the right side of his head, just above the ear, with his right hand. The area was red and beginning to swell and the subject appeared dazed. I told him to sit there and not move. I entered the living room and saw the deceased. It appeared he had bullet entry wounds to the chest area. I thought I was going to get sick. This was my first homicide, I then—”

“Objection, Your Honor. The People have not established this was a homicide, aside from their best efforts. It may well have been a suicide. Or even an accident. We simply don’t know.”

Sugarman glared at Billy Jo and reluctantly agreed.

“Objection sustained. Officer, please tell us only what you saw.”

“I’m sorry, Judge. I didn’t know. I saw a dead body and assumed it was a homicide.”

“Officer, the best piece of advice I can ever give you. Don’t assume anything. That’s why we have judges and juries.”

The witness was now sweating profusely.

“Sorry, Judge. May I continue?”

Sugarman nodded.

“The room was a mess, like there had been a fight. A lamp was broken and a couple of chairs were turned over. There was a weapon on the floor. I recognized it as a Smith and Wesson Police Special. It was a .38 caliber revolver. I called for backup, did not touch anything, secured the crime scene, and put plastic restraints on the man still on the floor. Then I waited for my backup to arrive. I then left the scene. Oh. Once outside, I threw up. Sorry, but I didn’t want to leave anything out. That wasn’t in my report. I guess I’m still a rookie at these kinds of things.”

Billy Jo had taken copious notes and couldn’t wait to have a heart-to-heart talk with the rookie.

***

“Good morning, Officer Beegan. For someone with less than ninety days on the job at the time you made your arrest, you did a remarkable job. By the way, was this your first felony collar?”

“No, sir. I had a DWI arrest two weeks before.”

“Good for you. Keep the bad guys off our roads. Was this your first homicide arrest?”

“Yes, sir.”

“Nervous?”

“Yes, sir.”

“Now, you stated at some point you secured the area, is that right?”

“Yes, sir.”

“And how many areas of egress are there?

“I’m not sure I understand the question, sir.”

“How many doors are there? Is there a front door and a back door?

“Yes, sir.”

“And when you pulled up to the curb, did you have a view of the back door?

The officer’s manner changed slightly. “No, sir.”

“Is it possible that while you were outside the front door, someone could have left by the back door?”

“I guess so.”

“At what point did you determine Judge Kolkolski was the killer and a crime had been committed?”

“I guess when I saw the dead man, the gun, and the Judge sitting on the floor.”

“Thank you. And did you read the Judge his rights? The Miranda.”

“I don’t remember. I was sorta nervous. I’m not sure.”

“Did Judge Kolkolski say anything to you?”

Again, Officer Beegan referred to his notebook. “He said, ‘I just came here to talk. I just came inside to talk.’”

“Was that before or after you put the cuffs on my client?”

“I don’t seem to have that in my notes, either.”

“You stated you secured the crime scene. At exactly what point did you determine a crime had been committed?”

“I guess when I saw the dead body. May I have another glass of water, please?”

The sweat marks on the officer’s light blue shirt were clearly visible.

“Of course. Just a few more questions and I’ll be finished.

Forty-five grueling minutes later, the embarrassed officer was excused.

Billy Jo was more than pleased.

***

“It seems we have run into the lunch hour already. We will adjourn and all be back at two fifteen.”

Everyone stood as the judge left the courtroom. He knew a motion was soon coming and he wanted to be prepared for it.