Guilty, or Not Guilty - Cover

Guilty, or Not Guilty

Copyright© 2012 by Barneyr

Chapter 6: The Trial

Monique woke me when it was time for dinner later on Friday evening. Svenda joined us for our meal and we had a nice conversation. I explained our dilemma regarding our upcoming marriage vow renewal.

Monique said, "I don't care what they think. I love you and I want you back so that we can make babies together."

"Ja, ju make goot babies Mr. Bill. I take care off little ones for ju, ja?"

"As long as you don't torture them like you have me, Svenda, we would be honored for you to be our nanny."

"Goot! I haff steady job wiff you for long time, send money home to help more family. I like work for ju, Mr. Bill and Miss Monique."

"I do believe Svenda likes us, Darling; so, we have another problem solved."

I did get a treat from Svenda the next day. She was much gentler with my torture than she had been so far.

The next month almost flew by and it was already trial time. I was a little stronger and had some muscle tone, but the flab was still there. I really could get around better in the walker at home. I was able to go to work for about four hours each day the week before the trial. Svenda drove me to work and did some shopping with me after work.

I got more new underwear that fit and a new suit to wear to court. As a millionaire, I had to still look the part and a suit that was ten years old wouldn't do.

We were all in court when Judge David Griffin entered the courtroom. I stood as the judge came in and looked at me. He nodded again, accepting my determination to honor him and his office, and banged his gavel to start my trial.

Mr. Anderson started it off with his opening statements, "The State will prove beyond a shadow of doubt that the defendant William Henry Harrison did, with premeditation, wait for Bradley Walker Johnson in the hallway of the third floor of the Oakmont Apartments, and proceed to beat Mr. Johnson to death with an aluminum softball bat. We will show that the defendant did know that the victim had been having an affair with his wife, Mrs. Monique Marie Harrison, and had taken steps toward divorcing Mrs. Harrison and had her sign the papers five days prior to the incident. Because Mr. Harrison had prior knowledge of the affair, he had time to prepare and plan the brutal murder of Mr. Johnson." That was the start of his half hour rant of an opening statement.

Then it was Harold's turn, "The evidence against my client is at best circumstantial; we will admit that the defendant did know of the affair, but that divorce was to be the extent of his response to the affair. He had the knowledge and the evidence of the affair and could very easily have filed suit against Mr. Johnson for alienation of affections and a suit against Stevenson, Stevenson, and Hoyt for not adhering to their Policy and Procedures Manual, Chapter 17, Subsection D 1 - fraternization of a supervisor and a subordinate. He did none of those things, however. He simply started divorce proceedings from Mrs. Harrison. He could very easily have ruined both Mrs. Harrison's and Mr. Johnson's lives, but he chose the high road. He could have ruined the reputation of their employer with a suit against that firm, as well, but he did not. All we have right now is a witch hunt for a killer. Because Mr. Harrison was the injured party in the affair between Mr. Johnson and Mrs. Harrison, he has been the only suspect in this murder. No other investigation has been initiated and no other avenue of suspicion has been attempted. The police handcuffed Mr. Harrison, who is handicapped, as you can clearly see, and was manhandled into a squad car. He was then unceremoniously jailed and left alone for seven days. This is not how prisoners are supposed to be treated. Mr. Harrison also spent six months recovering from that treatment in a prison hospital, with armed guards in attendance at all times. I guess that they were afraid that a man in his weakened condition was going to flee from their custody, when the man couldn't even walk ten steps without collapsing in pain. The State has a monumental task in proving that the defendant was even capable of such a violent act, let alone had the strength or ability to accomplish such a task."

That is how it all started. They had one of the arresting officers testify about my arrest, and Harold destroyed him on the stand. Harold asked if the defendant's home had been locked back up after his arrest, the officer said no, that it had not been secured.

The Chief Investigating Officer who was in charge of the search and seizure of all information pertaining to the investigation was called next. Harold asked if the door to my home was unlocked – answer was: "Yes, I believe it was."

"So, Detective, when did you arrive at the defendant's home to start your investigation?"

Referring to his notes, he said, "We arrived at the defendant's home at 8:37 AM on Saturday the 11th of June."

"And at what time was Mr. Harrison arrested, Detective?"

Again referring to his notes, "He was arrested at 9:22 AM and was booked at 10:47 AM."

"And on what on date did this arrest occur?"

"On Friday the 10th of June."

"So you are saying that it took an hour and twenty-five minutes to drive twelve miles at that time of morning in the city of San Marcos, Texas?"

"I guess so; those are the times I have from the arrest and booking reports."

"Thank you, Detective. Oh, and do you think that just maybe, someone could have possibly entered the defendant's home after he was arrested, and before your search ... twenty-three hours later ... since the home was not locked by the arresting officers? And might that unknown someone have tampered with evidence that was either in, or not in, the house at the time of the arrest, or that some new evidence was introduced before your search twenty-three hours later?"

"Yes, there is that possibility."

"Objection, it calls for a conclusion from the witness, your Honor."

"Sustained, the jury will disregard that question and it will be stricken from the record. Mr. Lloyd?"

"Yes, your Honor, I stand corrected."

"Detective, were there any other suspects in this investigation?"

"No Sir, there was not. With the evidence we found, we didn't feel that it warranted any further investigation," he dejectedly said.

"Detective Columbus, since the evidence you found was false..."

"Objection, the evidence in question has not been introduced as yet. Our witness regarding that information is due to be called after lunch, your Honor."

"Sustained. Mr. Lloyd, you know better than to bring up items that have not been introduced as yet."

"Yes, your Honor, I retract my last question."

"The jury will disregard the last question by the defense and it will be stricken from the record. Proceed, Mr. Lloyd."

"Thank you, your Honor. However, I have finished this line of questioning, though I would like to recall the witness at a later time to clarify some other areas regarding the investigation. That will be all, Detective Columbus."

"Re-cross, Mr. Anderson?"

"No, your Honor. The State would like a short recess at this time."

"Recess granted, we will reconvene at 2:00 PM, court adjourned."

We were ecstatic with what Harold had done to the arresting officer and the homicide detective.

I rested and ate lunch, while Harold was going over his notes for this afternoon's witnesses.

I could see that Mr. Anderson was not in the best of moods when we came back after lunch, but I didn't aggravate him.

The DA called their State forensic expert, Homer Simpson. He stated that after careful examination, it was found that all of the previously suspect e-mails concerning the revenge of Mr. Harrison against Mrs. Harrison and Mr. Johnson were to be found to have been entered into the computer from 9:47 PM to 11:02 PM on Friday the 10th of June. Also there were seven files that were erased during that time period. These files were several videos and two audio files. The files erased were partially recovered and appeared to be images of Mrs. Harrison and Mr. Johnson in compromising positions; they were having sexual relations, in other words. The images appeared that the sex was consensual in nature.

Then Harold asked the forensic computer expert for the State: "So it was true that the machine had been tampered with, and the defendant could not have entered that evidence since he was incarcerated at the time, correct?"

The expert stated that it had, and the tampering had occurred after Mr. Harrison's incarceration.

"Your Honor, the defense wishes to enter a motion for dismissal of all charges since the evidence against the defendant has been proven to be false, and that it was also stated in this court that there was a window of opportunity for some other person or persons unknown to enter the defendant's home and plant evidence pointing to him. If need be, we can prove that the defendant was physically unable to complete the crime he is accused of."

"Objection, your Honor," shouted Mr. Anderson.

The judge banged his gavel and shouted right back, "Order! I'll have order in my courtroom, Mr. Anderson. It is the defense counsel's right to enter the motion. Before I make a ruling on this motion, I want to see both counsels in my chambers immediately." Bang! "Court is recessed."

"All rise," said the bailiff.

We stood, Harold gathered all his papers, and left with the DA right on his tail. I was escorted to a room and two bailiffs accompanied me. This did not bode well for me: being held by the bailiffs. Now I was back to where I started this tale of woe.

Someone came in about an hour later, and said, "You need to be back in court right now."

I was escorted back to the courtroom, where we were told to stand again. Judge Griffin had a scowl on his face when he came in. We sat after he gaveled the court back in session.

"Mr. Anderson, do you accept the defense motion for the dismissal of all charges against the defendant, Mr. William Henry Harrison?"

"Yes, your Honor, the State does so agree."

"Then it is my duty to dismiss the jury with our deepest thanks."

After the jury had left, the judge spoke again, "Mr. Anderson, I expect a complete public apology from you and the State to Mr. Harrison, I also expect to get notice from Mr. Lloyd that any and all items that were confiscated from Mr. Harrison's domicile were returned to him within forty-eight hours, is that clear, Mr. Anderson?"

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