Page 120 of The Right to Remain
“Was it in your purse on the morning of your husband’s death, when you ran out the door without your purse?”
“Yes.”
“But I’m confused. You testified earlier that you drove to your mother’s house in Fort Lauderdale. Wasn’t your car key in your purse as well?”
“No. Owen and I kept our keys on a hook by the door. I grabbed the keys and ran out.”
“I see,” said the prosecutor. “Now, you also testified that you returned home that evening, correct?”
“Yes. After Owen called me and said Austen was upset.”
“Did you have your gun with you when you returned home?”
“No,” she said, slightly annoyed. “I just told you the gun was in my purse, and I left without my purse.”
“Right, sorry. Here’s what I really want to know: Was the gun inside your purse when you returned home?”
“I don’t know.”
“You didn’t check?”
“No. I was in a hurry to get Austen and ran straight up to his room.”
“Did you eventually check?”
“Eventually, yes. This was a horrific night. I found my husband’s body. The police were there. I had a six-year-old son to console. I didn’t look inside my purse until the next morning.”
“What did you discover?”
“The gun wasn’t there.”
The prosecutor paused, but Jack knew she wasn’t finished.
“Just a few more questions, Ms. Pollard. You were in this courtroom when your son Austen testified, were you not?”
“I was.”
The prosecutor checked her notes. “Did you hear your son testify that the defendant, Elliott Stafford, came to the house that evening?”
“Yes. Austen said that Mr. Stafford came and went before I got there.”
“Right,” she said, sounding more like a professor than a prosecutor. “So, if Mr. Stafford was there before you, that means your gun was still in the house when he arrived, inside the purse you had left behind that morning in your rush to escape. Correct?”
“Objection,” said Jack. “Your Honor, this is not closing argument.”
“Sustained. Ms. Weller, please don’t ask the witness to connect the dots by speculating. I believe you’ve taken this line of questioning about as far as you can.”
“Yes, Your Honor. And I believe it’s just far enough. I have no further questions.”
Her smugness had overtaken any semblance of professionalism, as the prosecutor thanked the witness and returned to her seat.
“Mr. Swyteck,” the judge said. “You may cross-examine.”
Jack remained in his chair, thinking. Helena’s testimony had changed everything. Jack’s objection was sustained, but the prosecutor had finally explained how Elliott could have gotten his hands on the murder weapon. If Jack was going to undercut the prosecution’s case, it wasn’t nearly enough for this witness to explain howshegot the gun in the first place. Jack needed an entirely new plan of attack—and a much bigger payoff.
The judge cleared his throat. “Mr. Swyteck, do you have any cross-examination for this witness?”
Jack rose and buttoned his suit coat. “Yes, Your Honor. I do indeed.”
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