12th of Never

Chapter 21

MARIA ORTEGA WAS a naturalized American citizen, but she looked scared, as if Immigration were waiting to deport her when she stepped off the witness stand. Yuki knew that Ortega was timid, but even if Kinsela crushed her on cross, her story would be on the record and firmly in the jurors’ minds.

Yuki smiled at the young woman in the demure navy-blue dress and walked toward the witness box.

“How are you today, Ms. Ortega?”

“Fine,” she said in a near whisper. “Thank you.”

“Will you tell us where you worked in December of last year?”

“I work for Mr. and Mrs. Sean Murphy on Lopez Avenue.”

“And what did you do for the Murphys?”

“I clean their house every day.”

“And is the Murphy house near the house where Keith Herman lived with his family?”

“Yes. They live three houses away.”

“Okay. Mr. Kinsela, you mind if I borrow your overhead view of Lopez Avenue?”

“Since you’re unprepared,” Kinsela said.

“Thank you, Counselor,” Yuki said, smiling for the jury. She pointed to the house three doors north of the Herman house. “Ms. Ortega, is this the Murphy house?”

“Yes.”

“So can you tell us about a certain conversation you had there with Lily Herman? And please speak loud enough for the jury to hear you.”

“I was sweeping the walk and Lily was riding her bike on the sidewalk. She stopped to say hello.”

“What made this conversation memorable to you?”

Ortega wrung her hands. “Lily looked like she had been crying. She got off her bike and it fall to the ground. She ran to me for comfort. Into my arms.”

“Please go on, Ms. Ortega.”

“I hugged her and she started to cry some more. She said her father shook her. She pulled up her sweater. She showed me bruises on her arms,” Ortega said. “They look like they were from fingers. Squeezing hard.”

“She had these bruises on both arms?”

“Yes. And on her neck. I saw marks.”

Yuki counted to ten, letting Ortega’s words soak into the room before she spoke again.

“And did you ask Lily about these marks?”

“Oh, yes.”

“And what did Lily say?”

The witness followed Yuki with her eyes, as if Yuki were a clock and Maria was desperate to know the time.

“Lily told me that her father grab her. And that he shake her. And that he tell her he would like to kill her.”

“Objection, Your Honor. This is hearsay and it is prejudicial. I move that the testimony be struck and the jury be instructed to disregard it.”

Nussbaum said, “I’m still the judge, Mr. Kinsela. Both you and Ms. Castellano come here so that we can have a quiet chat.”

Yuki and Kinsela crossed to the bench and Yuki said, “Your Honor, the witness reported this incident to the police on the day Lily spoke to her. It’s in the police report. Opposing counsel knows this and the sole purpose of his objection is to intimidate the witness.”

“No more shenanigans, Mr. Kinsela. Ms. Castellano, continue with your direct.”

Yuki went back to the witness and asked Maria Ortega if she had called the police to report the incident. Ortega said she had. Yuki asked her the name of the police officer and she said, “Officer Joseph Sorbera.”

“When Officer Sorbera came to the Murphy house in response to your call, what happened?”

“I talked to him for a minute, then Mr. Murphy told the officer that I was confused. That I was … ‘hysterical.’”

“What happened after that?”

“They fire me,” she said.

“Did they give you a reason?”

“I not supposed to make Mr. Herman mad.”

Yuki said, “Were the Murphys afraid of Mr. Herman?”

Kinsela said, “Objection. Leading the witness and also inappropriate as hell.”

“Sustained.”

Yuki said, “I withdraw the question. Ms. Ortega, did you ever talk to Lily again?”

Ortega burst into tears. Yuki handed the young woman a tissue, and after a moment, asked her if she could continue.

Ortega nodded and regained her fragile composure. She said, “I never saw her again.” She said it more strongly the second time. “I never saw her again.”

“Thank you. Your witness,” Yuki said to Kinsela.

Kinsela had turned his back on the witness and was talking behind his hand into his client’s ear.

“I have nothing for Ms. Ortega,” Kinsela said over his shoulder.

Yuki felt a rush of elation. Kinsela knew he wouldn’t be able to shift Maria’s testimony, so he put on a show to say she was unimportant. She was sure Maria’s testimony had moved the jury.

Point to the prosecution. She was ready when Nussbaum said, “Ms. Castellano, please call your next witness.”