Page 74 of The Right to Remain

“Judge, I strongly object,” said the prosecutor.

“Ground?”

“It’s a question that should be answered only by a forensic medical expert or by Mr. Pollard’s killer. Putting a complete hypothetical like this one to the victim’s widow is utterly obnoxious.”

The judge snarled. “That’s enough with the ‘obnoxious’ objections, Ms. Weller. It’s defense counsel’s job to establish reasonable doubt.”

“Thank you, Your Honor,” said Jack.

“Don’tthank me,” the judge snapped. “I didn’t say Ilikedthe implication that the victim’s widow is the only one clever enough to cover her tracks with a shotgun blast and make a murder look like a suicide. The objection is sustained. Do you have any further questions, Mr. Swyteck?”

Jack had taken his shot—his best shot for a client who refused to contribute a word to his own defense.

“I have nothing further at this time,” said Jack. He returned to his seat, receiving no acknowledgment or reaction of any kind from his client.

“Ms. Weller?” the judge asked. “Does the prosecution have any redirect?”

“Briefly, Your Honor,” she said, and she took her position before the witness. “Ms. Pollard, I know this is unpleasant, and I’m sorry for everything you’ve been forced to go through.”

“It’s not your fault,” she said.

“No, it’s not,” the prosecutor said, shooting a quick glance in Jack’s direction. “Mr. Swyteck asked if you have any reason to believe that his client knew where you and your husband kept the key to the gun cabinet. You said ‘no.’ Correct?”

“That was my answer.”

“Let me ask you this. If someone put a gun to yourhusband’s head and said, ‘Show me where the key is,’ do you think he’d show them?”

“Objection,” said Jack. “This witness is being asked to speculate how the decedent would respond to an improper hypothetical situation.”

“Sustained.”

“Let’s try it this way,” said Weller. “Ms. Pollard, if someone put a gun toyourhead and said ‘write a suicide note in your own handwriting,’ wouldyoudo it?”

“Same objection,” said Jack.

The prosecutor pushed back. “Your Honor, the 911 recording from Mr. Pollard includes his statement that he was shot. I have more than a reasonable basis to posit a situation in which the decedent was forced at gunpoint—perhaps at gunshot—to open the gun cabinet and write his so-called suicide list.”

“Save it for closing argument,” said the judge. “The objection is sustained. Do you have any further questions for this witness?”

“Just a couple,” said Weller. “Ms. Pollard, did you have a gun with you or in your car when you returned home the night of your husband’s death?”

It was the question that Jack had purposely not asked—and with good reason.

“No,” she answered.

“Do you hold a Florida concealed-carry permit that would even allow you to have a firearm in a car?”

“I do not.”

The prosecutor seemed satisfied that her points were made. “I have nothing further at this time, Your Honor.”

“All right, then,” the judge said. “Ms. Pollard, thank you very much. You are excused.”

Helena rose slowly and stepped down from the witness stand. She didn’t look at the defense or the prosecution as she passed between the tables. Her lawyer met her on the other side of the swinging gate and escorted her down the center aisle to the rear exit. Their heels clicked on the tile floor until the double doors closed behind them and they were gone.

The judge swung his gaze toward the prosecutor. “Does the State of Florida have another witness, Ms. Weller?”

“Yes, Your Honor. But I have a special request. Perhaps we could move to a smaller, more intimate courtroom with less of an audience.”