“What made this conversation memorable to you?”
Ortega wrung her hands. “Lily looked like she had been crying. She got off her bike and it fall to the ground. She ran to me for comfort. Into my arms.”
“Please go on, Ms. Ortega.”
“I hugged her and she started to cry some more. She said her father shook her. She pulled up her sweater. She showed me bruises on her arms,” Ortega said. “They look like they were from fingers. Squeezing hard.”
“She had these bruises on both arms?”
“Yes. And on her neck. I saw marks.”
Yuki counted to ten, letting Ortega’s words soak into the room before she spoke again.
“And did you ask Lily about these marks?”
“Oh, yes.”
“And what did Lily say?”
The witness followed Yuki with her eyes, as if Yuki were a clock and Maria was desperate to know the time.
“Lily told me that her father grab her. And that he shake her. And that he tell her he would like to kill her.”
“Objection, Your Honor. This is hearsay and it is prejudicial. I move that the testimony be struck and the jury be instructed to disregard it.”
Nussbaum said, “I’m still the judge, Mr. Kinsela. Both you and Ms. Castellano come here so that we can have a quiet chat.”
Yuki and Kinsela crossed to the bench and Yuki said, “Your Honor, the witness reported this incident to the police on the day Lily spoke to her. It’s in the police report. Opposing counsel knows this and the sole purpose of his objection is to intimidate the witness.”
“No more shenanigans, Mr. Kinsela. Ms. Castellano, continue with your direct.”
Yuki went back to the witness and asked Maria Ortega if she had called the police to report the incident. Ortega said she had. Yuki asked her the name of the police officer and she said, “Officer Joseph Sorbera.”
“When Officer Sorbera came to the Murphy house in response to your call, what happened?”
“I talked to him for a minute, then Mr. Murphy told the officer that I was confused. That I was … ‘hysterical.’”
“What happened after that?”
“They fire me,” she said.
“Did they give you a reason?”
“I not supposed to make Mr. Herman mad.”
Yuki said, “Were the Murphys afraid of Mr. Herman?”
Kinsela said, “Objection. Leading the witness and also inappropriate as hell.”
“Sustained.”
Yuki said, “I withdraw the question. Ms. Ortega, did you ever talk to Lily again?”
Ortega burst into tears. Yuki handed the young woman a tissue, and after a moment, asked her if she could continue.
Ortega nodded and regained her fragile composure. She said, “I never saw her again.” She said it more strongly the second time. “I never saw her
“Thank you. Your witness,” Yuki said to Kinsela.
Kinsela had turned his back on the witness and was talking behind his hand into his client’s ear.
“I have nothing for Ms. Ortega,” Kinsela said over his shoulder.
Yuki felt a rush of elation. Kinsela knew he wouldn’t be able to shift Maria’s testimony, so he put on a show to say she was unimportant. She was sure Maria’s testimony had moved the jury.
Point to the prosecution. She was ready when Nussbaum said, “Ms. Castellano, please call your next witness.”
Chapter 22
YUKI CALLED PATROLMAN Joseph Sorbera, the cop who responded to Maria Ortega’s call regarding Lily. Sorbera was a solid guy, had been on the job for fifteen years, and Yuki knew he would be a very credible witness.
Sorbera told the jury about his brief interview with Maria Ortega, who had told him about the bruises on Lily Herman’s arms and neck. He also verified that Sean Murphy, Ortega’s employer, did tell him that Ortega had what he referred to as post-traumatic stress disorder from an attack when she was a teen—and that she couldn’t be believed.
“And then what did you do, Officer?”
“I went to the home of Keith Herman.”
“Did you speak with Mr. Herman?”
“No. He wasn’t there. I spoke with Jennifer Herman, his wife.”
“And what did she tell you about the reported incident?”
“She said that her husband yelled at the child for breaking a glass, saying she could have hurt herself, but that he hadn’t touched her.”
“Did you ask to talk to Lily?”
“Yes. Mrs. Herman brought the little girl to the door. She said that she hadn’t been hurt and that she didn’t know what Ms. Ortega was referring to.”
“How did these two people seem to you, Officer Sorbera?”
“They both seemed scared out of their freaking minds.”
“What did you do next?” Yuki asked.
“I gave Mrs. Herman my card. And I told her that if she remembered anything, or wanted to talk to me for any reason, she should call me.”
“Did you report the incident to Family and Children Services?”
“Yes. But without corroboration from the child or the wife, they considered the incident closed.”
Yuki said, “Did you consider the incident closed?”
“Pretty much,” Sorbera said. “I didn’t hear from Mrs. Herman, but when the bags of human remains were identified as her body and the child was reported missing, I went to my captain and told him about the incident.”
“Thanks, Officer. I’m done, Your Honor.”
When Kinsela had no questions for Sorbera, Yuki called her next witness to the stand.
Chapter 23
GARY GOODFRIEND WORE a fringed buckskin jacket, distressed jeans, and a plaid shirt. He swaggered as he came up the aisle, then walked through the gate as though he were bellying up to a bar.
Yuki took a sip from her water bottle and watched as Goodfriend was sworn in. The man was cocky. He had an ego. But he had also come forward and volunteered to testify for the prosecution.
He was an uncontrollable yet important witness, and Yuki had decided to take a chance on him.
When he was seated, she greeted him and asked him about his business.
“I’m an FFL. A licensed gun dealer. I have a store over in Castro Valley.”
“Do you know the defendant?”
“I met him at a Calgun firearms show. I had a booth there. I talked to him for about ten, fifteen minutes.”
“Did you sell him a gun?”
“Yes. I sold him a Beretta Px4 Storm. It’s an exceptional weapon. Mr. Herman had a CCW and he paid cash.”
