Molon Labe! by Boston T. Party, Kenneth W. Royce Read Free Book Online Page A

and gentlemen," she beams.
    "Your Honor, I have no more questions for this panel," she says.
    Jack Krempler leans over to whisper in his assistant's ear. "What'd I tell you? She got the entire panel to say 'Not Guilty' and there wasn't a damn thing I could do about it."
    "Pretty shrewd," admits the assistant. "How's her trial work?"
    "Very solid. Excellent prep, really good use of discovery — almost intuitive."
    "Sounds pretty thorough."
    "Yeah, she doesn't miss much during trial."
    "Where's her weakness?"
    "She doesn't like curveballs thrown at her. In Feldman we finally located a hostile witness and got him to testify on our last day, and it really threw her for a loop. Her cross was pretty weak."
    "Oh, right!" recalls the assistant. " She still got him off, though."
    "Yeah . . . she did," Krempler agrees.
    "Any curveballs for her this time?"
    "No, just a fastball," says Krempler with a wink.
    US v. Russell
Day One
    "Trooper Holgate, why did you search Mr. Russell's trunk?"
    "Because the DEA K-9 unit alerted to the presence of drugs."
    "Were any drugs found in Mr. Russell's trunk?" asks Juliette.
    "No, ma'am."
    "Were any drugs found in his car at all?"
    "No."
    "So, the DEA's drug-sniffing dog made a mistake?"
    "It happens sometimes," Holgate allows.
    "Yes, I'm sure it does," Juliette says, facing the jury. "So, if Mr. Russell had no drugs in his car, then why did you arrest him?"
    "Because his rifle was listed in the NCIC database as 'stolen'."
    " Had it been stolen?"
    "Uh, no, ma'am. I made a mistake on the serial number when I radioed in for the NCIC check."
    "Oh, so now you made a mistake. I see. Well, we're all human. The dog, too, I guess."
    Hearty laughter circulates through the court, causing Holgate to frown. Juliette continues, "I'm curious though — what other mistakes did you make that afternoon?"
    "Objection!" Krempler says.
    Before Fleming can respond Juliette quickly interjects, "I withdraw the question, Your Honor."
    Frowning, Fleming says, "Very well. Continue, Miss Kramer."
    "Trooper Holgate, did you arrest the defendant for any other reason besides the alleged possession of stolen property?" Juliette asks.
    "No, ma'am."
    "So, you did not arrest Mr. Russell for violation of federal gun laws?"
    "No."
    "Then — aside from your mistake on the serial number — to the best of your knowledge on the afternoon of 24 May, his rifle was perfectly legal , was it not?"
    "To the best of my knowledge, yes," he says, shifting uncomfortably. "So, if you had radioed in the correct serial number and properly ascertained that Mr. Russell's rifle was not stolen, then he wouldn't have been arrested at all , is that not true, Trooper Holgate?"
    The young officer nervously glances at Krempler, who barely shakes his head. "Uh, that's right."
    " . . . and none of us would be here today," Juliette concludes. "I've no further questions, Your Honor."
    "Redirect, Mr. Krempler?" asks Fleming.
    "No, Your Honor."
    "Trooper Holgate, you may step down. You're excused, sir."
    By the afternoon, however, things turn poorly for the defense.
    Despite Juliette Kramer's objections over the video of Russell's rifle being test fired, it was shown in open court. A Technical Branch ATF agent had been flown in from Washington to explain the footage. The courtroom was darkened, and a TV/VCR was turned on. In a split screen, the rifle was fired simultaneously without and with the muzzle brake. The muzzle braked rifle had a much smaller flash plume, about half the size of the bare barrel plume. It was clearly a "significant reduction" of flash. When the lights came back on, Agent Lorner was wearing a very satisfied smirk.
    Juliette Kramer, for the first time, looked worried.
    Her cross-examination of the Washington ATF agent yielded nothing. While he admitted that individual rounds of ammunition varied slightly in powder weight, he would not allow that such was responsible for the greater muzzle flash of the bare barreled rifle. The comparison test