“Objection,” says Shawn. “Argumentative.”
“Sustained,” says the judge.
“Please fill us in on any other relevant findings, Detective,” Astrid says.
“Well, Micah and Lennox had a one-point-five-million-dollar life insurance policy on one another.”
“One-point-five? Isn’t that a bit excessive?”
“Objection,” Shawn speaks out. “Argumentative. Again.”
“Sustained.”
Astrid knew her snap judgment of the amount wasn’t going to fly, but she wanted the $1.5 million on record, so she could use it in her closing argument.
“And when was this one-point-five-million-dollar life insurance policy taken out?”
“July of 2015.”
“July of 2015.” She reiterates the date while shifting her eyes back and forth from Detective Penance, then to the jury, then back to the detective. “Now I understand you’ve talked to several character witnesses, and have personally documented all testimony to be presented in this case?”
“I have. Transcripts and recordings.”
“Thank you. We have nothing further for this witness at this time,” Astrid says to the court.
“Your witness, Mr. Connelly,” says the judge.
“Thank you, your Honor.” Shawn stands up, grabs a folder, and walks toward the witness. He is holding the folder by his side as he approaches.
“Now, Detective Penance, you stated previously that it was you who discovered the absence of blood on the light switch, is that correct?”
“Yes, then I told Officer Palino, and we discussed it,” Penance answers, anticipating where this particular line of questioning is heading.
“But Officer Palino just said, mere minutes ago, that it was he who noticed the light switch.”
“Yes, but he did so after I asked him if the lights were on.”
“Lots of this story is confusing to me, so forgive me for asking.”
“Objection,” Astrid says.
“Sustained,” replies the judge. “Careful, Mr. Connelly.”
“Detective Penance, these so-called gaps in the timeline, did they take into consideration the many events that were happening the evening of August 17?” Shawn asks.
“Yes, they did. When we say the evening was ‘normal,’ we mean information we have on traffic patterns of the evening, as well as registered events near the areas in question.”
“Would it interest you to know that on the night of August 17, there were approximately two point five times the so-called ‘normal’ events in Midtown and surrounding neighborhoods?” Shawn asks. “We’d like to enter this document from the New York City Visitors Bureau as defense exhibit 40-B.”
Detective Penance looks at the document and looks straight ahead. He says nothing.
“Isn’t is possible, Detective, that Micah’s taxi could’ve been held up in traffic … especially with more than twenty-five events of at least ten thousand people being held on the island that night?”
“It’s possible but not probable, based on our information and the video footage.”
“You have no route information for Micah’s taxi, nor any footage of the taxi during those times, just before and after, and you did not procure a translator to talk with the cab driver, is that correct?”
“We do not, and yes, that is correct,” Detective Penance states, realizing Shawn is trying to confuse him. “Except for the translator. We did procure a translator, but we believed the driver was confused about the night in question.”
“You believe. Thank you. Now, Detective, you made no mention of my client’s alleged confession, other than a line item on the timeline.” Shawn feels confident in his proactive measures.
“Correct. I believe we are addressing that tomorrow.”
“Mind if we address it now?”
“Objection,” says Astrid.
“Your Honor, this particular confession goes hand-in-hand with the defendant’s state of mind during this traumatic night,” Shawn says, appealing to the judge. “I would like to address the trauma as it relates to the detective’s earlier comments about the light switch, as well as the alleged confession.”
The judge ponders his decision for a quick moment. “I’ll allow it.”
“Thank you, your Honor. Can we play the tape of Mr. Breuer’s alleged confession please?”
The audio starts with a loud thud, which startles Micah. He crouches in his chair, realizing another memory from that night is about to be resurrected.
“There’s blood everywhere you touched, but there’s no blood on the light switches. Can you explain that please? … (pause) … Sir, why did you pound on your husband’s mutilated body when you knew he was still alive?”
“Sir, I told you, I was freaking the fuck … (pause) …Geez, oh man, did I … (pause) … Did … Did I kill him? … (pause) … Oh dear God, I killed him myself.”
Shawn looks intently at Detective Penance and asks, “You used to be married, didn’t you, Detective Penance?”
“Yes, a lifetime ago.”
“When your wife was still alive, could you imagine her lying in a pool of blood when you got home from, let’s say, a Policeman’s Ball?”
Janice in the hospital.
Janice at home in hospice.
Janice being lowered into her casket.
“Detective?” Shawn interrupts Detective Penance’s thoughts of his wife.
“No, I couldn’t, but …”
“And now, lights on or off, try to imagine the panic you must feel that your wife is in danger. Wouldn’t you want to do whatever came to your mind to help her?”
“That’s an unfair analogy.”
“Exactly! Why? Because you, good sir, are trained in life-saving techniques. My client is not. He was in panic mode, both during his husband’s dying breath, and during his interview when you, detective, were questioning why he would resort to the only life-saving technique that popped into his mind.”
“Objection,” Astrid says loudly. “Is there a question here, or is the detective on trial for killing his wife?”
“Mr. Connelly, do you have a question?” asks the judge.
“My question is …” Shawn continues in a milder tone. “My question is, would it be possible that someone, someone without life-saving techniques at their immediate recall during a traumatic event, perhaps the traumatic event of their entire lifetime up to that moment, could act in an abnormal manner?”
Detective Penance does not look up, nor does he answer.
“That’s okay, we’ll let the jury decide. Lastly, on your timeline, you mentioned the phone calls from Micah to Lennox that evening, even read the transcripts.”
Shawn goes back to his desk and picks up the top paper from his folder.
“Can you read these other transcripts from that evening
