“No, sir.”
“Officer Reston, you have attended parties at Detective Della Porta’s apartment, haven’t you?”
“Yes.”
“How many?”
“I don’t recall, but there were several, and they were more like get-togethers, not parties. Detective Della Porta had a lot of friends and we used to go over there after the tour, or after a match, to unwind. He liked to cook. He’d cook omelets for everybody on the three-to-eleven.”
“Did you ever see drugs of any kind in use or available at these get-togethers?”
“No, sir.”
“I thought as much,” Hilliard said quickly, with a pointedly contemptuous glance at Bennie. “Now, to May nineteenth of last year. Can you please describe how you came to arrest the defendant for the murder of Anthony Della Porta?”
Officer Reston testified, telling a terse version of the story his partner had, corroborating Connolly’s panicked flight, the sighting of the white plastic bag in her hand, and her confession at capture. Bennie listened without objection, sizing Reston up as a strong witness whose testimony would have to be attacked with some skill. But she wouldn’t go over the same ground as she had with McShea; she’d have to get tougher and Reston was the right witness to do it. He was less likeable than McShea, and she wouldn’t look like she was picking on him.
“I have no further questions at this time,” Hilliard said, and Bennie was on her feet.
62
Bennie began her cross-examination of Officer Reston at the podium, but wouldn’t stay there long. She wanted to get in the cop’s face, literally. “Officer Reston, you testified that you were a friend of Detective Della Porta’s, isn’t that right?”
“Yes.”
“Hadn’t you been to get-togethers at his house?”
“Yes.”
“So you knew, didn’t you, that his apartment was on the second floor?”
“Yes.”
Bennie walked to the jury box and faced the cop. “And you had to be familiar with the layout of the apartment, am I right?”
“Yes.”
“So you knew that you entered into a living room, walked to the left through a bedroom, and at the end was a spare room used as a home office, isn’t that right?”
“Yes.”
“So you knew the clothes closet was in the bedroom?”
“I assume.”
“You assume?” Bennie leaned on the jury rail. “The bathroom is in the bedroom, isn’t it?”
“Yes.”
“If you’d been to several get-togethers at Detective Della Porta’s apartment, having omelets and coffee, you probably used the bathroom.”
Reston paused, his eyes squinting slightly in thought. “Yes. Once or twice.”
“The closet is the only other door in the bedroom, isn’t it?”
“Yes, now that I think about it.”
“So you were familiar with where the clothes closet was in Detective Della Porta’s apartment, weren’t you?”
“I guess so, yes.”
Bennie leaned against the polished rail. “Officer Reston, weren’t you also familiar with the location of the house?”
“Yes.”
“In your visits to Detective Della Porta’s apartment, did you ever see that there was construction directly across the street?”
“Yes.”
“They’re building a very large apartment building?”
“Yes.”
“Were they building it a year ago?”
“Yes.”
“Didn’t you see, as well, the Dumpsters out in front for construction debris?”
“I guess, yes.”
Bennie braced herself. “Officer Reston, isn’t it true that you planted the bloody clothes in the Dumpster on Trose Street, to frame Alice Connolly for this murder?”
“Objection!” Hilliard shouted, rising and reaching for his crutches. “Your Honor, there’s no foundation for this question. Again, it comes out of left field, and is irrelevant and prejudicial.”
“Sustained,” Judge Guthrie said, as Bennie knew he would. She had gotten the statement before the jury, and they were rustling in their seats.
“Move to strike the question and answer, Your Honor,” Hilliard added, but Bennie faced the judge.
“Your Honor, there are no grounds to strike the question. It’s important for the appellate court to see this exchange, should we need to appeal this matter.”
“Motion to strike granted,” Judge Guthrie ruled, his blue eyes flashing behind his glasses. “Move to your next question, counsel.”
Bennie bore down. “Officer Reston, you testified that Detective Della Porta had many friends on the police force. Who were his other friends on the force, if you know?”
“Objection,” Hilliard said from a sitting position at the prosecution table. “The question is irrelevant, Your Honor.”
“Your Honor,” Bennie said, “it is highly relevant to the defense of this case that Detective Della Porta, Officer Reston, Officer McShea, and other members of the Philadelphia police were involved in a drug conspiracy.”
“Objection!” Hilliard barked. “Your Honor, that’s slander! Defamation of the rankest kind, and an obvious attempt to distract the jury from the real issues in this case.”
“Approach the bench, right now, both of you!” Judge Guthrie snapped, snatching his reading glasses from his nose and gesturing to his court reporter. “Kindly place this on the record.”
Bennie approached the bench, sneaking a glance at the jury on the way. The videographer looked worried for her. He was young and urban, and Bennie knew from experience that a juror’s willingness to believe police misconduct varied with generational, racial, and even geographic factors.
“Ms. Rosato,” Judge Guthrie whispered hoarsely, “the Court has warned you not to follow this line of questioning. There is no evidence of a police conspiracy in this matter, none at all.”
Hilliard nodded vigorously. “In addition, Your Honor, the very insinuation is prejudicial. The jury is already looking for proof of a conspiracy that doesn’t exist. The only evidence of a conspiracy is counsel’s own testimony.”
“Your Honor,” Bennie said firmly, “it’s axiomatic that conspiracies, particularly official conspiracies, are difficult to prove.” She fought the irony of arguing the point to a judge who himself was a co-conspirator. “Cross- examination has always been the engine-”
“Please don’t argue Justice Holmes to me, Ms. Rosato.” Judge Guthrie strained to lean over the dais. “The Court recalls the quotation and though we find it compelling, it is not entitled to precedential weight. You transgressed with that drug reference within the jury’s hearing. The Court has already warned you about such references and it is within this Court’s powers to hold you in contempt.”
“I have to cross-examine this witness, Your Honor.” Bennie met his eye. “This is standard cross-examination in a conspiracy case.”
