Barely Legal

36

Detective Kelly looked very much at ease on the witness stand. He leaned back and regarded the defense attorney with disdain.

Herbie took a breath. “Now, Detective, you said you observed the defendant selling drugs at the party?”

“That’s right.”

“What exactly did you observe that led you to believe he was selling drugs?”

“A student would come up and talk to him, and they would leave the room together.”

“Did you tag along?”

“Of course not. Then he would know we were on to him.”

“You were going to bust him anyway. Why would you care if he knew?”

“I didn’t want him to suspect before we were sure.”

“When did you become sure?”

“The scene I described happened more than once. When it happened again, he became a more likely suspect.”

“But you still weren’t sure?”

“Not a hundred percent.”

“What percent were you sure?”

“That’s an expression, Counselor. You know what it means, and I know what it means, and I’m sure the jurors know what it means, too.” Detective Kelly smiled at the jury. One or two of the jurors returned his smile.

“When did you become sure?”

“I would say after the third time we observed the behavior.”

“Shortly after?”

“That’s right.”

“That’s interesting, Detective. Shortly after is also an expression. What did you mean by it?”

“I can’t give it to you much better than that.”

“Well, let’s put it this way. You say you moved in shortly after the third time. Was there a fourth time?”

Detective Kelly hesitated.

“You’re not sure?”

“I do not have the answers at my fingertips because these are not the questions I expected to be asked.”

“What were the questions you expected to be asked?”

“Objection.”

“Sustained.”

“If I understand your testimony, Detective, you moved in shortly after the third or fourth time you observed the defendant leave the room with another student.”

“That’s right.”

“And did you arrest the person you believed he was selling to at the time?”

“No, I didn’t.”

“Why not?”

“We were after the seller, not the buyer.”

“And if you wanted to prove sale, wouldn’t the best way to do it be to catch the buyer with the packet of cocaine that the defendant had just sold?”

“In a perfect world.”

“And this was not a perfect world, Detective?”

“Of course not.”

“But was it not a world you created, a world entirely of your own making, a world in which you yourself played a part?”

“So?”

“Why didn’t you arrest the buyer?”

“Objection. Already asked and answered.”

“It’s been asked, but it wasn’t answered.”

“Overruled.”

“Why didn’t you arrest the buyer?”

“I explained that.”

“No, you have not. Instead, you made some remark about a perfect world.”

Herbie was asking questions on automatic pilot. His attention was distracted by the activity in the back of the room. While the detective was testifying, two goons came in, conferred with the goon who’d slipped out, presumably to make a phone call, and returned, and took up positions in the back row on either side of the aisle, effectively blocking the exit.

Clearly Herbie wasn’t going to enjoy lunch.