Chapter 21: The Trial - The nightmare continues - TDpt5

Monday morning at 8am Judge Barrtel called the court to order and explained what was going to happen to all of the prospective jurors, then he swore them all in.

At that the process of Jury selection began. They pulled numbers out of a "hat" until they got twenty-four prospective jurors. The first twelve were seated in the jury box and the preemptive challenges began.

The process of eliminating the jurors that each attorney either likes or doesn't like is maddening. The prosecutor was actually happy with all twelve of the original draw, he knew this case, and if heard by twelve half intelligent people would put the defendant away for a long time.

It actually didn't take that long to seat all twelve jurors and begin with the opening statements. Before things could get underway however, the prosecutor asked the judge to allow the introduction of some "new evidence" that had just come to light.

When the judge queried as to what the evidence was, as if he didn't know, he was informed about a videotape of the last court appearance.

Of course the defense objected because he hadn't had an opportunity to review this new evidence.

Judge Barrtel looked over at him saying, "Overruled counselor. You may review the evidence at the lunch break. I will not allow it to be introduced as evidence until this afternoon's session at the earliest, so it would behoove you to look it over at lunch."

"Yes sir. Thank you," he said glumly as he sat back down.

Prosecutor Simmons had decided that since the defense would take the opportunity to review the video he didn't need to introduce it into evidence that day. He conferred with the judge and the defense attorney at the bench telling both he would hold introducing the video until a later time, if he deemed it necessary. He had a plan.

Judge Barrtel wondered to himself the reasoning, but didn't question Mr. Simmons directly, but reserved the right to ask at a later time. Defense attorney Ternner was just happy he didn't have to address it with such short notice so he agreed.

For the next week the prosecutor laid out his case before the jury. He prosecuted all thirteen counts, some in a lot more detail than others, somewhat glossing over some, but touching each just enough for the jury to be able to make a logical decision on the count.

The most damning charge from a "legal" perspective was the assault and attempted murder on the police officer. He saved that charge for next to last.

He saved the assault on Dee and Tara for last because it would have the most "final impact" on the jury. He wanted that emotional tie to an abused woman and child to be fresh in the juries mind when they hit the deliberation room.

Tom and Marie attended every day, but Tara couldn't bear to make the trip on a few of the days. Tom was sure to give her a full report each evening so that she knew what was going on.

She was still terrified to be that close to the monster that had tried to kill her and her daughter. Tom could feel her stiffen then begin to shake for the entire time she was in the courtroom.

On the days Tara didn't attend he made sure that he and Marie sat directly behind the defendant. Judge Barrtel noticed, but also noted that once again, Tom showed great restraint in not whispering "sweet nothing's" to the defendant as the prosecutor continued to ensure he would never breathe free air again.

It took a week for prosecutor Simmons to present twelve of the thirteen counts to the jury. Monday would be the assault on Tara and Dee, so Tara had to attend because she was one of the prosecutor's prime witnesses. With all the other evidence he had determined with the concurrence of the judge and the defense that Dee would not be called as a witness. There was no need to subject the youngster to the prospective trauma.

The prosecutor finally introduced the videotape into evidence just prior to Tara's testimony. The defense attorney did not object. He'd seen it in all its glory and knew if he hadn't already, this was a lost cause. You don't do that kind of thing in a courtroom, but he would continue to defend him the best he could. That was a public defenders job. His heart was certainly no longer in it, if it ever was considering all of the evidence.

It was part of the prosecutors plan to leave the jury with the emotional trauma being put on a woman and her child by the defendant.

So it went for Monday with the prosecutor presenting his case.

Calling all of the investigators to testify, one of the last was the crime scene photographer. He introduced "twenty-seven, eight-by-ten color glossy pictures, with circles and arrows and a paragraph on the back of each one, explaining what each one was, to be used as evidence..." against the defendant.

Essentially they were photos of Tara's injuries, the condition of the house after he had smashed things and other relevant views of the crime scene.

Tara was the last witness to take the stand on Monday, and Tom would be first in the morning.

Tara related for the jury the entire story in minute detail, and totally broke down when telling of having to hide Dee somewhere else so that she couldn't be found in case he got out somehow. The eight women on the jury could certainly relate well to a mother trying to protect her child.

Tuesday morning, bright and early, Tom was called to the witness stand and sworn in.

When he'd been seated the prosecutor laid it out for the jury to understand whom this man was, and how he was involved.

"Mr. Tompkins. You seem to have quite a distinguished record of service to our country," he started with. "Two silver stars, with citations for Valor, numerous Gallantry citations, numerous commendations, even recommended for the Medal of Honor twice, with one recommendation still under review."

With a heavy sigh, "Yes sir," was Tom's only reply. He really wasn't comfortable discussing his military service. Much of it couldn't be talked about anyway.

"Mr. Tompkins, will you tell the court the circumstances surrounding such a distinguished record?"

Tom looked at him like he'd grown a third eye thinking, "Why the fuck are you asking me that shit. You know I can't answer that question."

"I'm sorry sir, I'm not at liberty to discuss any of those circumstances," he said calmly.

"Objection," from the defense table. "Those circumstances relate to the treatment of my client."

"Overruled counselor," Judge Barrtel ruled immediately. "Those circumstances are classified military operations and have no bearing on this trial, are none of our business and truth be told we probably don't want to know."

Looking to the prosecutor said, "You may continue Mr. Simmons."

"Thank you your honor."

The prosecutor looked directly at the defendant, and asked, "You were a United States Navy SEAL, were you not?"

He noted with amusement, the defendant's jaw nearly break when it hit the table.

"Yes sir," Tom answered quietly. There was a low murmur in the courtroom and looks of surprise in the jury box.

Judge Barrtel banged his gavel once admonishing those in the courtroom then nodded to the prosecutor to continue.

"You and your teammates were highly trained in tactics, self defense and clandestine operations weren't you Mr. Tompkins."

"Yes sir," Tom repeated once more. He was wondering where this was all going. What relevance did his service and training have?

"Mr. Tompkins, you were responsible for the capture of the defendant were you not?"

"Yes sir."

"Can you enlighten the court on that activity Mr. Tompkins?"

"Objection your honor," Ternner shouted. "That activity is irrelevant."

Judge Barrtel looked at the attorney with a smile and said, "Overruled. It is quite relevant Mr. Ternner." Then looking at Tom, "You may answer the question Mr. Tompkins."

Tom related the entire operation of taking down the defendant. He didn't leave any gory detail out. There were a few chuckles in the courtroom when he related his "taunting" of the defendant and many gasps when he related the broken bones and how easy it had been to take him down.

"So, Mr. Tompkins, you had the opportunity to kill the defendant during his capture, didn't you?"

"Yes sir, but it wasn't my job to administer punishment."

"Or determine his guilt?"

"I'm living with the results of the guilt sir. I see it, hear it and have to deal with it every day. I hope to someday be able to meet the victims daughter, but that has not happened as of yet because the victim is terrified to bring her from hiding."

"So you're not in any doubt of the guilt or innocence of the defendant?"

"That's not my job sir. That's what we are all doing here."

"Thank you Mr. Tompkins," then looking at the judge, "I have no further questions your honor."