Stone Cold

Chapter Forty-Three

Patrick Ortiz filled most of the afternoon session with a series of witnesses that filled in necessary parts of the prosecution’s case, albeit without the edge of the morning session.

The coroner testified that Dwayne Reed sustained two gunshot wounds, one to the abdomen and one to the heart, the latter proving fatal. A ballistics expert from the crime lab confirmed that Alex Stone’s Ruger had fired the fatal bullets. She corroborated Rossi’s testimony that Dwayne had either been falling to the floor or was already on the floor when his gun was fired, adding that it was also possible that someone else had fired Dwayne’s gun even though there was no proof that had happened. The manager of the Bullet Hole shooting range testified that he had trained Alex in the safe use of the Ruger and that she had been a regular at the range, practicing two to three times a week, usually at night.

The jurors were attentive without being enthralled. That was the nature of a trial. As in life, the mundane was more common than the dramatic. Unlike life, where drama was unpredictable and unexpected, Patrick Ortiz knew when and how to orchestrate a big finish for the day, sending the jury home with something to think about overnight.

“The state calls Bonnie Long,” he said.

Bonnie, wearing a knee-length pale blue dress, walked to the witness stand, her eyes darting everywhere but at Alex, until she was sworn and took her seat. They looked at each other, their eyes watering, each giving the other a reassuring nod. It was a moment Kate didn’t rehearse with them, because the practice would have robbed it of its emotional spontaneity. It was one thing to tell the jury that they loved each other. It was another thing to let the jury see that, a necessary part of humanizing Alex in the jury’s eyes.

“State your name,” Ortiz began.

“Bonnie Long.”

“What do you do for a living?”

“I’m an emergency room physician at Truman Medical Center.”

“Dr. Long, please tell the jury about your relationship with the defendant.”

Bonnie furrowed her brow. “I don’t understand the question. What do you mean?”

Ortiz smiled, spreading his palms. “Well, I assure you I don’t mean to pry. Ms. Mason told the jury in her opening statement that you and the defendant were in a romantic relationship. Is that a fair statement?”

Bonnie stiffened, edging forward in her chair. “Yes. We’ve been together for seven years.”

“I take it, then, that the two of you are in love with each other?”

“Very much so.”

“And that you do not want her to be convicted of murdering Dwayne Reed.”

“Of course not.”

“Even if she were guilty?”

Claire rose. “Objection. Calls for speculation and assumes facts not in evidence.”

Judge West nodded. “Sustained.”

“Thank you, Your Honor,” Ortiz said. “Dr. Long, is there anything you wouldn’t do to see to it that the defendant was acquitted?”

Bonnie turned and tilted her head, giving Ortiz the same knowing look she used on her patients and Alex when they thought they could get something past her.

“Mr. Ortiz, I took an oath and I know what that means. I love Alex but I won’t lie for her. I trust the jury to come to the right decision.”

Ortiz had hoped to establish Bonnie as a hostile witness to undermine her credibility and so that he could ask her leading questions, but she was counterpunching too well for that to happen. He began to worry that his day would end with a dud rather than a gotcha.

“And I never suggested that you would. Tell us, Dr. Long, what have you done to prepare for your testimony today?”

“Nothing.”

“Really? You didn’t discuss your testimony with the defendant?”

“No.”

“What about the case itself? Have you and the defendant ever discussed the circumstances surrounding her shooting of Dwayne Reed?”

“No. We haven’t discussed anything about this case since the day it all happened.”

Ortiz stepped from behind the podium, looking at the jury, his raised eyebrows asking them to join him in disbelief.

“The two of you live together. The future of your relationship is at stake, and you never talked about this case, not once. How do you explain that?”

“Alex’s lawyer told me that I may be a witness and because of that, Alex and I should never talk about the case since I’d have to testify about what we discussed. So neither one of us ever brought it up. Not that that was easy. We talk about everything. We don’t keep secrets.”

Alex was enjoying watching Ortiz flounder but flinched at Bonnie’s last remark, switching her focus to him in time to catch the corners of his mouth betray a smile. Bonnie had made the mistake loved ones often did on the stand. She tried to do too much, and before Ortiz was finished with her, she would pay the price.

“Did you meet with Ms. Mason to discuss your testimony?”

“Of course. I also met with you.”

“And when you met with Ms. Mason, did she tell you what to say on the witness stand?”

Bonnie scooted back in her chair, hands in her lap. “Yes.”

Ortiz cocked his head to one side, knowing what she would say if he asked the obvious follow-up question, knowing that at first it would look like she had gotten the better of him again, confident that she hadn’t.

“And what did she tell you?”

“She told me to tell the truth.”

“And you’ve told the jury that you will tell the truth even if it means the woman you love goes to prison for the rest of her life. That’s what you’ve sworn to do in this courtroom today. True?”

The way Ortiz asked the question made Alex suck in a quick breath, realizing that Ortiz had set Bonnie up, making it appear that Bonnie knew something harmful to her that she was bound to disclose, and if she didn’t, if she denied whatever it was that Ortiz would confront her with, the obvious inference would be that she was lying.

“Yes,” Bonnie said.

“Thank you, Dr. Long. Now, I understand that you and the defendant didn’t talk about the charges against her in this case, but did you and she talk about the Wilfred Donaire case?”

“Yes, we did.”

“What did you talk about?”

“I don’t know. A lot of things.”

“Did you talk about whether the defendant thought Mr. Reed was guilty?”

“Yes.”

“What did the defendant say about that?”

“After he was acquitted, I asked her if she thought he was guilty, and she said she didn’t know and that she had to accept the jury’s verdict.”

“At any time after that, did the defendant ever tell you that she knew Dwayne Reed was guilty?” Bonnie hesitated, biting her lip and looking at Alex. “There’s no need to look at the defendant, Dr. Long. She can’t tell you what to say. Please answer my question.”

Bonnie blinked, stared at her lap for a moment, and took a deep breath.

“About six weeks after the trial, we were talking. I was trying to get her to stop driving by the Hendersons’ house every day because I was afraid of what would happen if Reed saw her.”

“And?”

Bonnie wrung her hands. “And that’s when she said it.”

“Said what?”

“That Dwayne was guilty, but that’s not-”

Ortiz interrupted, raising his palm. “Thank you, Dr. Long. You’ve answered my question.”

“But, that’s not fair!” Bonnie said. “You’re taking it completely out of context. I tried to tell you that when you questioned me in your office, but you wouldn’t listen.” She turned to the judge. “Your Honor, don’t I have the right to explain?”

“Your Honor,” Ortiz said, “the witness answered my question.”

“And you can leave it at that,” Judge West said, “and let defense counsel give her a chance to explain or do it yourself. Your choice, Counsel.”

Alex ducked her head, not wanting the jury to see her grinning. It was the closest Judge West had come to ruling in her favor. It wasn’t a big deal by itself, but jurors want to know which lawyer is bringing them the truth, and the lawyer who is unfair with a witness isn’t likely to be that lawyer. Ortiz knew that as well as Alex did. Either he had to let her explain or he’d come across as being unfair or, worse, deceptive.

“Dr. Long,” Ortiz said, “please finish your answer.”

Bonnie sniffed. “When she said that, I asked her if she was serious and she said she’d misspoken and that it was Detective Rossi who thought he was guilty.”

Ortiz smiled broadly, pretending he liked her explanation, ready to move on. “When did you first learn that the defendant had bought a gun?”

“After Alex was arrested.”

“Not before? She never told you?”

“No.”

“A few minutes ago, you testified that you and the defendant never kept secrets from each other. But you were wrong because she did keep secrets from you. True?”

“I wished she’d have told me, but I’m sure she had her reasons.”

“But that wasn’t the only secret she kept from you, was it?”

Bonnie shook her head, her voice soft. “No.”

“She told you she was working late when in fact she was going to the Bullet Hole two to three times a week to practice her marksmanship.”

“Yes, that’s right.”

“That wasn’t just a secret. That was a lie, wasn’t it?”

Bonnie’s face flushed red as she struggled with her emotions. “Yes.”

“What else has she lied about in connection with this case?”

“Nothing.”

“That you know of, correct?”

She swallowed, clearing her throat. “Correct.”

“Tell us what happened when you treated Dwayne Reed in the emergency room at Truman Medical Center.”

“Mr. Reed had a deep laceration in his leg and I treated him for that. While I was taking care of him, he became belligerent and threatened to rape me.”

“Did you do anything to provoke Mr. Reed?”

Bonnie paused and then took a deep breath. “Yes, and I’m not proud of it. When I was examining his wound, I was a little rough with him. . Actually, I was a lot rough with him. I hurt him and he didn’t like it. That’s when he threatened me.”

“Why did you do that, Dr. Long?”

She took another deep breath. “I recognized his name when I saw it on the patient chart. Alex had told me all about him when she was representing him. Alex was afraid of him. She’d told me that. And she was afraid that he was going to hurt the Henderson family. I hated seeing Alex so afraid and so worried and I blamed Dwayne. I got angry and I let my emotions get the better of me. It was wrong and I’m sorry.”

“Did you tell the defendant that Mr. Reed had threatened you?”

She nodded. “Yes. I ran into Alex in the hall as soon as I came out of the treatment room, and that’s when I told her.”

“What was her response?”

“She said not to worry and that she would make sure that never happened.”

“And she made good on that promise, didn’t she?”

Bonnie didn’t answer.

“That’s all I have. Thank you, Dr. Long.”

Judge West banged his gavel. “We’re done for today. Ms. Mason, you may cross-examine in the morning.”