Barely Legal

70

When court reconvened Herbie said, “Let me take the witness.”

“Are you sure?” Stone said.

“Let me take a shot. You can always stop me if I go far afield.”

Stone hesitated. Having read the transcript, Stone considered Herbie’s whole cross-examination far afield. “Fine. If you flounder, I’m jumping in.”

Judge Buckingham banged the gavel. “Gentlemen. Do you have any more questions for this witness?”

Herbie stood up and approached the stand. “I’m almost done with this witness, Your Honor. Just one or two more questions.”

“Proceed.”

“Detective, we’re almost done. I have just one small matter to clear up while you’re on the stand. How did you know that the defendant would be selling drugs at the party?”

The detective hesitated. “From intelligence received from the narcotics division.”

“The narcotics division is tough to subpoena, Detective. What person informed you the defendant would be there?”

“I would have to consult my notes.”

“Your Honor, I ask that the detective be given time to consult his notes before I continue my cross-examination.”

“Detective Kelly, how long will it take you to consult your notes?”

“Some little while, Your Honor. My notes are back at the precinct.”

“There is no one else with that information in court?”

“Your Honor,” Herbie said, “are you suggesting I rely on secondhand hearsay information from a person not even under oath?”

“I am not, Mr. Fisher, and you know it. Detective, you are excused to get your notes. Please get all your notes. Everything you could possibly need to complete your testimony. Bring it to the courthouse tomorrow morning at ten o’clock.

“We are about to adjourn. Jurors are admonished once again not to talk about the case. Court is adjourned until tomorrow morning at ten o’clock.”