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“Mr. Donovan, did you believe that you were photographing an assault in progress?”
“No, sir. Mr. Wright was just fooling around.”
“Fooling around.” Bastinelli looks at the jury. “Or do you think maybe he was working out some aggressions?”
“Objection!” Hardy practically jumps across the table.
Bastinelli glances at her. “I’ll withdraw the question.” He walks slowly back to the prosecution table and sits down. “Your witness.”
Hardy is out of her chair like a shot.
I would be too.
“Mr. Donovan, we haven’t met. I’m Tess Hardy, Mr. Wright’s defense counsel.”
“I know,” says Donovan. “I’ve seen you on TV.”
“Then you probably know why I objected to Mr. Bastinelli showing that picture, don’t you?”
“I don’t think I—”
“Because it’s totally misleading.”
“Objection!” shouts Bastinelli. “Counsel is testifying.”
“Sustained,” says Dow. “Ms. Hardy, frame a question if you have one.”
“Yes, Your Honor, I do.” She takes a few steps toward the screen and taps the image of the cheerleader.
“Mr. Donovan, from this angle, the jury is not able to see the face of the individual in the cheerleader’s uniform. Were you able to identify that individual as you took the picture?”
“Yes, I was.”
“And who was it? Tell the jury whose backside we’re looking at here.”
“It’s Timmy Gervin.”
The gallery erupts in nervous laughter but quiets when the judge glares. I can see Bastinelli’s red face from here. I feel his pain and embarrassment. So much for the “bombshell” the reporters were predicting.
“And who’s Timmy Gervin?” Hardy continues.
“He was an assistant equipment manager for the Patriots.”
“Can you tell me why a male equipment manager would dress himself up as a cheerleader?”
“I don’t know. I wasn’t there when it started. He was just playing around, I guess.”
“Playing around. I see. And did Mr. Gervin make a habit of dressing in a cheerleader’s uniform?”
“Not as far as I’m aware.”
“Did it look like Mr. Gervin was being injured in any way?”
“No. I remember he was laughing the whole time.”
“So whatever was going on here, he seemed to be in on the joke?”
“Seemed that way, yes.”