Chapter 14

Monday morning, Morgan put a former hunting partner of Fairchild's on the stand who testified that they had stopped hunting together shortly before the birth of Jessica Fairchild. When asked why, the man stated that Fairchild had told him he and his wife had made a deal about not having guns after the children were born. But McCoy had objected and his last statement had been excluded, on the grounds that it was hearsay. McCoy also elicited from the man that Fairchild was an experienced marksman.

The next witness was a man who had bought several guns from Fairchild prior the birth of his daughter. When asked what Fairchild's reason for selling them had been, the gun shop owner had given the same reason as the previous witness, and McCoy had that statement stricken as well.

When lunchtime came, Morgan and McCoy strolled out together, finding the same bench they had previously used, unoccupied.

"How many times are you going to use the same tactic?" McCoy asked as they sat down. "You can't get that statement in on the testimony of a third party."

"The jury can't forget what they've already heard," Morgan insisted, unpacking her lunch.

"And you're satisfied that you made your point, with that argument? You know that only two people can testify to the alleged agreement between Fairchild and his wife, and get it to stick. If this a point you really want to pursue, you're going to have to put one of them on." McCoy took a bite of his sandwich.

"You know I'm not going to put Peter on the stand. Not that he has anything to hide," she added quickly.

"That leaves his wife," he concluded.

Morgan sat holding her salad, picking at it. "Yes, I know."

McCoy studied her for a minute. "You don't want to put her on. Are you afraid of what she might say?" he asked teasingly.

She shook her head. "I'm not worried about the answers Leslie will give to my questions. I trust her," she said pointedly.

He looked amused. "But you don't trust me." At her lack of denial, he said, "I can only cross her on what you open the door for."

"Oh, that's helpful," Morgan retorted.

Ignoring her sarcasm, he asked, "So what's the problem?"

"Leslie doesn't understand what an enterprising D.A., dead-set on winning, can manipulate someone into saying."

"I think I'll take that as a compliment," he said slowly, "otherwise I might be offended." He gave her a sideways look, his eyes twinkling.

"You know what I mean, Jack. She has no experience at this. She's a good friend and a very sweet person who only wants to help her husband."

McCoy watched her thoughtfully for a moment. She seemed to be genuinely concerned.

"Are you asking me to go easy on her if you put her on the stand?"

"Of course not. I seem to remember already telling you that I don't need to ask anyone for favors to win this trial." She shrugged. "I know the risks. I'll make the decision." She finally began eating.

"Well if you're going to put her on, you'd better decide quickly. Your last two witnesses didn't help you much."

"That's your opinion. I think things are going fine." She took a drink of water and gave him a little smile.

"Tell me something: has your overconfidence ever gotten you into trouble, Counselor?"

"Maybe when I was first starting out," she admitted. "Now I have enough experience that I know what I'm talking about."

He shook his head, smiling. "So with all of that experience, why didn't you go into criminal law when you moved here? Why contracts?" He took a bite of his sandwich, looking at her curiously.

She stared at her salad for a few seconds. "I told you before, I needed a change of scenery. I was tired of being in the public eye, for one thing. I had tried several cases in close succession that received a lot of publicity. For a while, I felt like I was in a fish bowl every time I went somewhere. I needed some anonymity."

"There are a lot of lawyers who would give anything to have that problem. All they hope for is to see their names in the paper some day."

"I'm not much of a spotlight person. I'm more of a fade-into-the-woodwork person," Morgan said quietly. "What about you? You've had your share of spots on the evening news and quotes in the papers. Doesn't the lack of privacy ever get to you?"

"Only when I'm misquoted," he answered with a smile.

"Speaking of quotes, I believe I said I'd let you know if the doorman could identify the workman in the Fairchild's apartment."

"And?"

"He picked the same guy out of the book that Mr. Rigel did. Some coincidence, don't you think?"

"There's a big difference in being on the scene and committing a crime. Just because he was there doesn't mean he did anything," McCoy pointed out.

"Maybe. But I'm thinking of asking Judge Rivera for a bench warrant after I introduce my evidence, so the man can be picked up for questioning."

He gave her a surprised look. "A bench warrant on what you have? That would be difficult to get with almost any judge, but with Rivera, I'd say your chances are slim to none."

"I've beaten worse odds," she assured him.

After finishing her salad, Morgan took out a sandwich bag and handed it to McCoy. "I made some pumpkin bread. I brought you a piece."

"Thanks," he said. Then with a suggestive smile he asked, "Feeding me again, Counselor?"

She glanced at him but didn't answer.

After breaking off a corner and sampling it, he said, "It's good." As he watched her take a bite of her own piece he said, "You could probably add 'chef' to your list of back-up careers."

Shaking her head, she said, "I don't think so. I cook out of necessity, but it isn't one of my favorite things to do, especially just for myself."

"Well anytime you want to cook for someone else, I'm available," he volunteered.

Morgan smiled. "I'll try to remember that." Checking her watch, she said, "Yikes! I have to go." She quickly repacked her things and held out the last half of her bread. "Do you want this?"

"Sure, but where are you going? We have some time before court's back in session."

"I have to go meet with one of my witnesses," she answered, handing him a piece of paper that had been under her lunch bag. "That's an addition to my list."

As he unfolded the paper, Morgan took another drink of water, then stood. He looked up at her. "I thought you hadn't decided."

Putting away the water bottle, she said, "I just did. And Peter went to pick her up at lunch."

***"Mrs. Fairchild, how long have you been married to the defendant?" Morgan asked.

"Almost nine years."

"During any of those nine years, have you or your husband ever owned a gun?"

"Yes. When Peter and I were first married, he owned several guns he used for hunting."

"And does he still own them?"

"No, he sold them all when I was pregnant with our first child."

"Please tell us why he did that."

"When Peter was growing up, he knew a family who had lost a child to an accident with a gun. He told me he didn't want any guns in our home once we had children. We both agreed that the dangers of having them outweighed any benefits."

"He didn't sell them at your insistence?"

"No, it was his suggestion. He was very adamant about it. He said the safety of the children came first."

"Then can you explain why a gun was found in your home?"

"No, I can’t. I only know that if Peter had brought it in, he would have told me about it. He certainly wouldn't have left it in an unlocked drawer where the children could have found it."

"Thank you. No further questions."

McCoy stood as Morgan returned to the defense table.

"Mrs. Fairchild, did you ever see your husband shoot a gun?" he asked.

"Yes. I went hunting with him a few times."

"Would you say he was a good shot?"

Morgan stood. "Objection. This witness is not an expert on marksmanship. She isn't qualified to answer that question."

"Sustained."

McCoy glanced at Morgan. She was sitting forward in her chair, watching him closely.

"What did your husband hunt on the trips you took with him?"

"Peter always hunted birds."

"When he hunted birds, did he get any?"

She hesitated a second. "Yes, he did."

"Every time you went with him?"

She glanced at the defense table. "Yes."

McCoy shook his head thoughtfully. "A bird is a pretty small target. A lot smaller than, say, a human."

He turned to face Morgan as she began to stand. "Withdrawn. I have no further questions." He gave her an amused look as he walked back to his chair.

She looked anything but amused. "Redirect, Your Honor?" At the judge's nod, she continued, "Mrs. Fairchild, to your knowledge, was your husband ever invited to go hunting for anything other than birds?"

"Yes," the woman nodded. "He was invited many times to go deer hunting, but he never would go."

"And did he tell you why he wouldn't?"

"He said he didn't have the heart to shoot anything that looked back at him with intelligent eyes."

"Thank you, Mrs. Fairchild," Morgan said, giving McCoy a sideways look.

The last witness of the day was the Fairchild's housekeeper. She testified that the gun found in Fairchild's drawer had not been there the day previous to its discovery, when she had put away laundry. She also added that both of the Fairchilds were devoted parents and she had never even heard the two argue in the four years she had been employed by them. On cross, McCoy couldn't shake her from her testimony.

When court was adjourned for the day, Fairchild joined his wife, but the two didn't immediately leave.

As she was slipping files into her briefcase, Morgan said a little sternly, "Your last comment to Leslie was really unnecessary, Jack."

"Maybe," he conceded. "But you know, the jury can't forget what they've already heard, Counselor."

Morgan gave him a half-annoyed look as she turned to join the Fairchilds. "See you later, Abbie. Rest up, Jack. Tomorrow the real fun starts."

 

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