Page 144 of Precise Justice

“Yes, that’s correct.”

“Did the defendant try to impede your investigation in any way?”

“No, I wouldn’t say that.”

“After you had inspected the body and the house, you spoke with my client while she sat on the couch. She asked you a question, she asked you, “Are you sure she was killed? Could it have been a heart attack or something like that?”

“Objection, hearsay,” Hughes said.

“Sustained.”

“Okay, based on just your observation and recollection, did she give you any reason to believe or doubt that she knew, Robbie Craig, knew how her mother died?”

“Yes, I would have to admit she did not.”

“After you inspected the house, you told Robbie, and I’ll try to be as accurate as possible, isn’t it true you told her, the house had been burgled, that’s a certainty. That Robbie had identified missing items and there were markings on the side door where someone used a pry bar to open the door, yes or no, Detective?’

“Yes, I did.”

“Isn’t it true, you told her it was a certainty, that the house had been burgled?”

“Objection asked and answered,” Hughes said.

“It was? I don’t think so,” Marc said.

“In your previous question,” Hughes said.

“I’m sorry, your Honor, I’m confused I don’t believe I used the word certainty. Could the court reporter read back my previous question.”

“Okay,” Foster said with an air of skepticism.

The court reporter read back Marc’s entire question. When he finished, knowing what Marc had done, Hughes’ face had turned a nice shade of red.

“I did use the word certainty when she referred to the burglary and Detective Myles agreed it was a certainty. My apologies, your Honor. I’ll withdraw my most recent question in which I…”

“Don’t say it again, Mr. Kadella,” Judge Foster said.

“One last question. Did you find any of the missing items you were told were stolen?”

“No, we did not.”

“Specifically, did you find any of the missing items when you searched Robbie’s dorm room at St. Catherine’s?”

“No, we did not.”

“Nothing further.”

Having been unprepared, Hughes did his best to rehabilitate the witness. He spent almost a half-hour getting her to explain how and why they came to the conclusion that the burglary was a setup. Did they accomplish it?

“Mr. Kadella, re-cross?” Foster asked.

Marc was able to nail one last point in the burglary theory.

“Isn’t it true that you, and I mean the investigation in its entirety, were not able to find a single piece of evidence to indicate the burglary, as you put it, was a setup? Yes or no, Detective,” Marc asked.

“Yes, that’s true.”

Marc was now free to drive this home during his closing. Was this reasonable doubt? A question the jury would answer.