Read Online Grant of Immunity by Garret Holms - Free Book Online Page B
Authors: Garret Holms
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still, looking straight ahead, expressionless. From the slight redness around the neck, Fitz could tell the bastard was furious. Fitz was grateful that SID had been able to retrieve DNA markers that confirmed the blouse stains came from Babbage.
“So stipulated,” Giovanni said.
“The court accepts the stipulation,” Judge Morley said, evenly. She turned to the jury. “Ladies and gentlemen,” she said, “you are instructed that a stipulation is an agreement between parties concerning any fact or facts in the case. You are to treat such a stipulation as a fact that has been conclusively proven.”
Fitz noticed that all the jurors had been leaning forward during Erin’s direct testimony. After the reading of the stipulation, several scribbled in their notebooks. Lundy sat down. “I have no further questions for Ms. Collins at this time.”
So far, so good , Fitz thought.
“Mr. Giovanni,” Judge Morley said, “you may cross-examine.”
Giovanni stood. Babbage glared at Erin. “Thank you, Your Honor,” Giovanni said. Then he frowned at Erin. “Let’s get this straight,” he began. “You’re saying that you orally copulated my client because you were … you were afraid?” He said the word “afraid” as if it were unbearably preposterous.
“That’s right,” Erin said, her arms folded in front of her. She shifted in her chair.
Giovanni’s eyes narrowed. “Were you afraid that Sergeant Babbage would harm you?”
“No. Not really.”
“So you didn’t feel that you were in any physical danger?”
She shook her head. “No.”
“Was it being arrested that caused you to be afraid?”
“Yes. I was afraid of being arrested.”
Giovanni parted his lips in a thin smile. “I thought so.” His tone became accommodating, even sympathetic. “But you’d been drinking, hadn’t you?”
“What do you mean?” Erin glanced at Fitz.
Although he was careful to keep his face impassive, Fitz was cringing inside. Lundy was a fool not to have gone over Erin’s testimony with her.
Giovanni said, “Please look at me while I’m asking you questions. Detective Fitzgerald can’t help you answer. Do you want me to repeat my question?”
She nodded, “Please.”
“You’d had too much to drink that evening, hadn’t you?”
“Well, I did drink some. But I don’t think that I was drunk, no.”
Giovanni picked up his yellow pad, and appeared to be looking at notes. He nodded to himself. “Are you saying that you were not driving under the influence of alcohol that evening when you were stopped?”
Erin paused, and then said, “I may have had a little too much to drink. I’m not sure.”
“So you were afraid of being arrested because you’d broken the law, correct?”
“It’s not like you make it sound—”
Giovanni interrupted. “Objection, Your Honor. The answer is nonresponsive. Motion to strike.”
“Sustained.” Judge Morley looked at the jury. “Members of the jury, you are to treat the answer as if you’d never heard it.”
Erin turned to the judge. “May I have a drink of water, Your Honor?”
The bailiff brought a paper cup with water to her. She took a sip and cleared her throat.
Giovanni continued his questioning. He folded his arms in front of him. “Please listen carefully, Ms. Collins. I want you to think back to that moment just after you took the field sobriety tests. To the moment when you realized that you were being arrested. What exactly did Sergeant Babbage say or do that caused you to believe you were being arrested?”
Fitz noticed that Babbage’s eyes were locked on Erin—with the intensity of a cat staring at a wounded bird.
Erin closed her eyes briefly, and then opened them. “He said that he was taking me to the station, and that I had a choice of three tests: blood, breath, or urine.”
“So you knew that if you had too much to drink, these tests would prove it, didn’t you?”
Erin sipped her water. “Yes.”
“You also knew that if you
“So stipulated,” Giovanni said.
“The court accepts the stipulation,” Judge Morley said, evenly. She turned to the jury. “Ladies and gentlemen,” she said, “you are instructed that a stipulation is an agreement between parties concerning any fact or facts in the case. You are to treat such a stipulation as a fact that has been conclusively proven.”
Fitz noticed that all the jurors had been leaning forward during Erin’s direct testimony. After the reading of the stipulation, several scribbled in their notebooks. Lundy sat down. “I have no further questions for Ms. Collins at this time.”
So far, so good , Fitz thought.
“Mr. Giovanni,” Judge Morley said, “you may cross-examine.”
Giovanni stood. Babbage glared at Erin. “Thank you, Your Honor,” Giovanni said. Then he frowned at Erin. “Let’s get this straight,” he began. “You’re saying that you orally copulated my client because you were … you were afraid?” He said the word “afraid” as if it were unbearably preposterous.
“That’s right,” Erin said, her arms folded in front of her. She shifted in her chair.
Giovanni’s eyes narrowed. “Were you afraid that Sergeant Babbage would harm you?”
“No. Not really.”
“So you didn’t feel that you were in any physical danger?”
She shook her head. “No.”
“Was it being arrested that caused you to be afraid?”
“Yes. I was afraid of being arrested.”
Giovanni parted his lips in a thin smile. “I thought so.” His tone became accommodating, even sympathetic. “But you’d been drinking, hadn’t you?”
“What do you mean?” Erin glanced at Fitz.
Although he was careful to keep his face impassive, Fitz was cringing inside. Lundy was a fool not to have gone over Erin’s testimony with her.
Giovanni said, “Please look at me while I’m asking you questions. Detective Fitzgerald can’t help you answer. Do you want me to repeat my question?”
She nodded, “Please.”
“You’d had too much to drink that evening, hadn’t you?”
“Well, I did drink some. But I don’t think that I was drunk, no.”
Giovanni picked up his yellow pad, and appeared to be looking at notes. He nodded to himself. “Are you saying that you were not driving under the influence of alcohol that evening when you were stopped?”
Erin paused, and then said, “I may have had a little too much to drink. I’m not sure.”
“So you were afraid of being arrested because you’d broken the law, correct?”
“It’s not like you make it sound—”
Giovanni interrupted. “Objection, Your Honor. The answer is nonresponsive. Motion to strike.”
“Sustained.” Judge Morley looked at the jury. “Members of the jury, you are to treat the answer as if you’d never heard it.”
Erin turned to the judge. “May I have a drink of water, Your Honor?”
The bailiff brought a paper cup with water to her. She took a sip and cleared her throat.
Giovanni continued his questioning. He folded his arms in front of him. “Please listen carefully, Ms. Collins. I want you to think back to that moment just after you took the field sobriety tests. To the moment when you realized that you were being arrested. What exactly did Sergeant Babbage say or do that caused you to believe you were being arrested?”
Fitz noticed that Babbage’s eyes were locked on Erin—with the intensity of a cat staring at a wounded bird.
Erin closed her eyes briefly, and then opened them. “He said that he was taking me to the station, and that I had a choice of three tests: blood, breath, or urine.”
“So you knew that if you had too much to drink, these tests would prove it, didn’t you?”
Erin sipped her water. “Yes.”
“You also knew that if you
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