Michael Gresham: Secrets Girls Keep Part 29

"They had been living in Los Angeles?"

"Santa Monica, to be exact."

"How old is Jana?"

"Seventeen. Eighteen this coming summer. July twenty."

"How close are you to Jana?"

"Well, he eats my food and sleeps under my roof. That's pretty d.a.m.n close where I come from."

"Is there an emotional connection?"

"I like the boy a lot. He helps me on weekend emergency calls."

"Plumbing emergencies?"

"Yeah. Water heaters, overflowing toilets, clogged sewers, burst pipes. The usual."

"He goes with you in the van?"

"Sure, and he goes to the van and grabs things when I'm on my back under a sink. That kind of help."

"Do you pay him to help you?"

"Room and board."

"Does he have any source of income?"

"His mother is on Social Security Disability as of a month ago. Jana's now getting benefits because of her."

"How much?"

"Objection. Relevance."

He's right. I'm only relaxing Uncle Tim, getting him into the flow, letting the jury see him for the decent man he really is.

"It is rather tenuous, counsel. If you don't have a particular objective in mind with this line of questioning, please move on."

"Mr. O'Donnell, do you recall the night of the football game when Amy Tanenbaum was murdered?"

"It was October thirty-first. I remember."

"Do you recall what you were doing that night?"

"Thursday night? Probably watching Thursday Night Football. It was the Bears playing."

"You're a Bears fan?"

"Isn't everyone?"

A smile from the jury. They just might be warming to him.

"Where was Jana that day, after school?"

"He came home from school about three-thirty. It was cold outside and my van cab was a mess. I had him clean out the Ford."

"Why was the cab of the Ford a mess?"

"Because it was the end of the week. Or almost. Soft drink empties, fries on the floor, packages and wrappers. I hate a dirty truck, so Jana keeps it clean."

"Room and board?"

"Exactly."

"Do you recall what time it was when he cleaned the cab of the Ford?"

"Well, he would've changed clothes so I expect he started in at four o'clock."

"So he was outside?"

"He was in the garage. The trash barrel's in there too. Pick up's on Friday. When he finished, he rolled the barrel out to the curb. We put it out on Thursday night."

"You saw him roll it out?"

"Not so much as I heard it. Plastic wheels make a racket on the concrete driveway."

"What happened next?"

"He came back in the house and sat down on the couch. He wasn't wearing a coat and I chewed him out about that. It's flu season and I don't want him coming down sick and missing school. I'm supposed to be his overseer, you know."

"So he sat down on the couch about what? Five o'clock?"

"Give or take twenty minutes. Something like that."

"What happened next?"

"He went upstairs and took a shower. I told him he smelled bad. Teenage boys."

"I thought teenage boys his age kept themselves very clean and smelling good in case they met someone."

"Not this one. He had to be told."

"So what happened?"

"I heard the shower pipes upstairs. They pound in the wall. Air in the pipes."

"What time did the shower noise stop?"

"Five-fifteen, five-thirty."

"What were you doing?"

"Watching ESPN and clipping my toenails. I had my work boots off because they hurt my feet when my toenails get too long. Should I say that here?"

"Sure. We want to know what happened and that's part of it. What happened once the shower ended?"

"He came downstairs. He was wearing baggies and a Chargers sweatshirt. He knew I hated it, so he wore it to p.i.s.s me off. Sorry."

"Chargers football team?"

"Yep."

"And you're a Bears fan?"

"Who isn't?" he asks again with a short laugh as when you're poked in the ribs unexpectedly.

"What happened next?"

"I made some money that day, so I had him call for Chinese food. He ordered Beef Teriyaki and I ordered Kung Pao Chicken. It came about forty minutes later."

"So now we're talking maybe six-thirty?"

"Yep. So we eat and I grab a shower. By this time, he's inside his room with the iPod blasting. I can hear it through the walls even from downstairs."

"Did you see him later that night?"

"No. I watched the game until I fell asleep in my chair then I hit the hay. But I think he made a sandwich, probably about nine. Left his stuff all over the counter, as usual."

"Was Jana in his room all that night?"

"Sure."

"How can you be sure if you didn't see him again after your shower?"

"Because I had told him no football at the high school that night. It was a school night and I wanted him to study for his math mid-term next day."

"But you didn't see him again?"

"No. But he didn't leave. I'm certain of it."

We then go into the arrest the next morning, the move-out of the defendant to my house, the coming back and a brief explanation for that, and then I turn him over for cross-examination. With all of my witnesses I instruct them to listen to the questions on cross and answer only what is asked. They are specifically instructed not to embellish and not to explain. I tell them that if explanation is called for we'll get it done on re-direct examination when I'm controlling things.

"Mr. O'Donnell," says SA d.i.c.kinson, "I'm the attorney for the state. My job is to put your nephew in prison. Do you understand my role?"

"Yes."

"My job is also to bring charges against witnesses who commit perjury. Do you know what perjury is?"

"I grew up on Perry Mason. I know perjury."

"Have you committed perjury here today by telling this jury you're certain that Jana was in his room all that night of the football game?"

"No. I told the truth, sir."

"How can you be sure he was in his room when you didn't see him again? I mean, couldn't he have snuck out of the house while you were in the shower?"

"He could, but he didn't."

"How can you be sure of that?"

"I know my nephew. He's a good boy. He does whatever I say."

"Yet you didn't actually see him?"

"No."

"Or hear him?"

"Heard his music."

"But you didn't hear him?"

"No."

"So we could say you're really only guessing he was in his room all night?"

The witness turns to me. I am busy with my head down. I can't be seen telegraphing an answer to his questions. Especially not this one.

"I didn't see him. I didn't hear him. But I knew he followed my orders and my orders were to stay home and study."

"Did you speak to the police when they came for him the next morning? The police report indicates you were very uncooperative."

"Who the h.e.l.l's gonna cooperate when their family is getting arrested? I didn't jump in and help them take him away, h.e.l.l no!"

"You swore at the police?"

"Sure did. They put the cuffs on way too tight. I thought he was gonna cry."

"Isn't it true you told the police you didn't know for certain that Jana was in his room all night?"

"I told them he would've had to have wings to get out without me seeing."

"And you also told them you weren't certain he was there?"

"As certain as I could be. I'm not running a jail, sir."

"So you weren't certain?"