Page 121 of The Right to Remain

Chapter 44

Jack approached the witness slowly, each step forward a choreographed show of confidence and control.

At the first hearing, Helena had looked frightened. This time she appeared ready to fight from the opening bell, primed to rebuff a polite expression of sympathy or even a simple “Good morning.” Jack skipped the formalities and went straight to work.

“Ms. Pollard, did you speak with Ms. Weller between the end of yesterday’s hearing and your testimony today?”

The question seemed to catch her off guard. “Did I, personally? No.”

Jack pointed to Patricia Dubrow in the gallery. “How about your lawyer? Did she speak with Ms. Weller?”

The prosecutor rose. “Your Honor, I will stipulate that I met with Ms. Dubrow yesterday afternoon. Anything this witness knows about that conversation would have been communicated to her through her attorney and is therefore privileged. Can we move on, please?”

The judge nodded. “Yes, this does seem like a fruitless start to a cross-examination. Mr. Swyteck, is there some point you’re trying to make here?”

“It just seems odd to me, Your Honor.”

“What seems odd?”

“Ms. Weller began her examination of this witness by expressing her condolences for the loss of her husband. But she ended by establishing that Ms. Pollard was scared to death of him—so scared that she ran from the house, forgot to grab her purse, and left her gun behind. That’s odd, Judge. A presentation as well staged and choreographed as this one usually has more thematic consistency to it.”

A ripple of laughter coursed through the gallery.

“Objection!” Weller said angrily.

A crack of Judge Garrison’s gavel restored order. “The objection is sustained. Mr. Swyteck, please. Do you have any actual questions for this witness?”

“I do, Your Honor,” said Jack, and he turned to face the witness.

“Ms. Pollard, on the night of your husband’s death, you spoke to MDPD Detective Osborne in your home, did you not?”

“I did.”

Jack marked an exhibit. “Ms. Pollard, I’m handing you a copy of the statement Detective Osborne took from you that evening. Could you please point out where it mentions the argument you had with your husband on the morning of his death?”

She read it to herself, then looked up. “It’s not in there.”

“It’s not in there because you didn’t tell him about the argument with your husband that morning, did you?”

“No. That didn’t come up.”

“You didn’t tell him that you rushed out of the house so fast that you left your purse behind with the gun inside, did you?”

“No.”

“You didn’t tell him that your gun had no serial number, did you?”

“No. Of course not.”

“Let’s be honest, Ms. Pollard. You didn’t mention those things because you feared they would cast suspicion on you. Am I right?”

“No. I—at the time, I didn’t think it was important.”

Jack took a step closer, figuratively tightening his grasp on the witness. “But itwasimportant, wasn’t it?”

“Objection, argumentative.”

“I’ll rephrase,” said Jack. “Ms. Pollard, the argument that morning was not the first time you and your husband argued over how to raise your son, was it?”