“Objection,” Astrid repeats.
“Sustained,” says the judge. “The jury will ignore Mr. Connelly’s personal conclusion regarding the prosecution’s reasoning.”
Astrid is pleased.
“The prosecution may present its first witness,” says the judge.
“Thank you, your Honor. The prosecution would like to call Officer Mateo Palino to the stand, please.”
The tall, burly Italian police officer walks in front of Astrid up the single step to the witness stand and sits down. He is dressed in full uniform.
“Please stand and place your hand on the Bible,” orders the clerk. “Raise your right hand. Do you promise that the testimony you shall give in the case before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?”
“I do.”
“Officer, could you please state your full name for the record?” Astrid asks.
“Mateo Palino. That’s M-A-T-E-O, last name P-A-L-I-N-O. I’ve worked with the police department of the Seventh Precinct for the past three-and-a-half years.”
“Thank you. Can you tell me in your own words what happened the night of August 17?”
“At approximately 10:15 on the night of August 17, I received a 9-1-1 dispatch to the corner of Henry and Rutgers. Possible homicide, possible suspect still in the building. My partner and I arrived on the scene, pressed a button for apartment number seven, received no immediate answer, broke through the two glass entrances and entered the elevator. As we entered, we heard a voice on the speaker say, ‘Come on up,’ and then we heard a buzzer sound.
“When we arrived at the seventh floor, the doors wouldn’t open, but then seemed to open automatically. The defendant then pointed to the victim and said, ‘He’s right over there.’ I proceeded to ascertain the status of the victim, while my partner secured the—”
“Sorry, let me stop you for a second,” Astrid says. “Can you tell me how the defendant appeared upon arrival at the scene?”
“Objection,” Shawn says. “Calls for speculation.”
“Your Honor, this witness is an officer of the law,” Astrid chimes in. “His perception is based on experience, and he was the first one on the scene.”
“Overruled.”
“Continue please, Officer Palino,” Astrid says.
“Well, the way he said ‘Come on up.’ It was kinda like he was having guests over for a party. ‘Come on up!’ And then we entered. He was very calm. Simply pointed to this huge pile of blood with a naked body in the middle of it and said, ‘He’s over there.’”
“Can we play the 9-1-1 call, please?”
A loud click echoes through the room. The volume is high, but quickly resolves to a normal level.
“9-1-1, what is your emergency?”
“Please help me! My husband! Something’s happened here! I tried to save him. He was alive. Oh God, please come, please! Maybe you can help him!”
“Sir, please slow down. Did you say something’s happened to your husband?”
“Yes! I got home, and he was just lying there. Blood. Oh my God, I think he’s dead! Please hurry!!!”
“Sir, what is your location?”
“142 Henry Street, #7, corner of Rutgers.”
“Sir, we have an ambulance on the way, and police are very close.”
“Oh God, how did this happen? I don’t understand!”
“Now, I need you to calm down, okay? Is there anyone else in the house?”
“What?”
“Sir, could the person who did this still be there?”
“Oh my God, I have no idea.”
“Do you have a neighbor or a nearby friend you can go to right now until help arrives?”
“I think I’m okay.”
“Just to be safe, could you find a place to hide, maybe lock yourself in a bathroom, please, sir?”
“Yes, I have a friend who …”
((Audible doorbell.))
“I think they’re here.”
((Click.))
“Does anything strike you as odd about that call, officer?”
“Yes.”
Astrid looks at the jury with a knowing glance. She does not pursue this line of questioning at the moment and continues.
“Can you describe for the jury what the defendant was like for the rest of the evening?”
“Well, he was very fidgety and kept wanting to sit everywhere. I kept thinking, this is a crime scene for God’s sakes, and kept asking him to remain standing. I asked him to tell me what happened, and he described hearing a gurgling noise in the dark. He says he knew it was Lennox, so his first thought was to approach and administer CPR.
“And the way he said he administered CPR seemed excessive,” Mateo continues. “He said he kept pushing on the victim’s chest over and over. ‘Over and over,’ he said. I couldn’t imagine beating on someone’s chest who’d been stabbed thirty-three times.”
“But officer, wasn’t the room dark? I mean, can you blame the defendant for not knowing what had happened, and trying to administer CPR to save him?”
“That’s the thing. The lights had been on the whole time, ever since the moment we stepped through the elevator, and there were no blood stains on the light switches.”
“I don’t follow.”
“Well, if you do CPR on a man who’s been stabbed thirty-three times, mostly in the chest, you’re going to have blood all over you. I mean, allll over you. And he most definitely did, all over his face, his arms, his chest. So if the lights were off during the time he said he administered CPR, but they were on when we arrived, then why was there no blood on the light switch?”
Astrid again looks at the jury. Some faces are staring straight ahead. Some are looking down.
“No further questions for this witness,” Astrid says.
Shawn recognizes Astrid’s win. He did not draw the same conclusion from the photos of the light switch in the condo he had seen in the discovery photos. He mentally kicks himself and wonders how he will address the matter.
“Your witness, Mr. Connelly,” Judge Wilson says.
“Thank you, your Honor,” Shawn begins. “Officer Palino, do you live in a high rise?”
“Yes, in the East Village with my wife and two kids.”
“And do you have a buzzer for visitors?”
“Yes, we do.”
“Do you remember what you say to your visitors when you