Partners

23.

By 3:00 p.m. Thursday, the second day of testimony, the State had offered virtually all the proof it had. Buck Lester had been shot and killed by a single bullet, one fired by the defendant, Thomas Ray Cardell. It was still unclear who shot first, last, and for what reason or reasons. Indeed, the only clue as to what happened during the encounter was provided by the defendant himself in his brief video statement.

The only way to prove Cardell was guilty of murder was through the testimony of the missing witness, Officer Keith Knoxel. During his investigation, Detective Reardon had interrogated Knoxel at length and, as was his practice, had recorded Knoxel’s version in an affidavit — a sworn statement. It had been typed by a police stenographer and notarized by a police administrator.

The affidavit was not admissible in a court of law because (1) the witness was not available to verify it and (2) the defendant, through his attorney, had not been present to confront and cross-examine the witness.

Max Mancini, desperate at this point, attempted to enter the affidavit into the record. Sebastian objected. During a recess, they argued back and forth in Judge Schofield’s chambers. Judge Schofield said no, it’s not admissible.

The State had no choice but to rest its case. The jury was sent home for the day. Back in chambers, Sebastian went through the standard ritual of moving to exclude the evidence offered by the State and asking the court to direct a verdict of not guilty in favor of Thomas Ray Cardell.

Judge Schofield declined because the defendant admitted firing the shot that killed Buck Lester. “We’ll let the jury figure it out,” he said.