knowledge to suggest that my client was one of the people who assaulted
Kendra Martin?' Of course, they all said no. She didn't ask Calabrese
a single question.
My guess was that she was saving the heavy stuff for Kendra.
Eight.
Ray Johnson and Jack Walker were waiting on a bench outside of Lesh's
courtroom when I got down to the fifth floor after the lunch break. I
started having my witnesses meet me outside the courtroom soon after I
became a DDA. That way, when the judges invariably start late, I can
make use of the time by preparing my witnesses in the hallway. An
added bonus of the practice is that it keeps the dirtbag informants in
my drug cases out of my office and away from my stuff.
I assumed that the man sitting alone on a separate bench farther down
the hall was Dr. Preston Malone, the emergency room resident who
treated Kendra at the hospital. Anyone who's had a shower and hasn't
ingested illegal narcotics within a couple of days stands out on a
bench in the courthouse. Unless, of course, you can tell the guy's a
cop, either from the uniform or the other sure signs beer gut, bad
tie,
big gun, those kinds of things. In Preston Malone's case, the medical
journal he was reading gave him away.
When Ray and Jack spotted me, they both opened their mouths to speak,
but I rushed past them with one finger up to let them know I'd be right
back. I wanted to touch base with Dr. Malone first. Typical of most
physicians, he hadn't found time in his schedule to prepare his
testimony with me. And, although I had Kendra's medical records for
the grand jury, Dr. Malone hadn't appeared personally to testify. In
other words, I had no idea what I was getting.
When he realized I was approaching him, he stood and offered his hand.
From a distance, the guy looked really good. But standing close to him
now, I could see that his profession was taking its toll. He hadn't
shaved, his eyes were bloodshot, and his hair was a mess. Tell you the
truth, I'm not sure that his eyes were completely focused. Coming out
of ER like that? Scary.
He apologized for not being able to meet with me before trial.
'With the schedules we get at the hospital, it's pretty much impossible
to keep an outside appointment. I have to admit, I was happy to get a
subpoena. Thought maybe I could catch a nap while I was waiting. But
when I was walking out, the attending physician gave me this medical
journal and asked me to summarize the articles for him when I got
back.'
'You have to go back when you're done here? You'll probably be here
until the end of the day.'
He smiled. 'Not the way a hospital defines the end of a day. I went
in yesterday at six in the morning. I'll get home around ten
tonight.'
I vowed inwardly never to complain again about my workload.
I ran through the trial outline in my head. 'Actually, I could put you
on first so you don't have to wait around here.'
'Um, thanks, but if it's the same to you, I'll wait as long as
possible. I'm almost done with this journal, then I'm gonna crash
right here on this luxurious wooden bench.'
'I guess with your residency, you don't really need a suite at the Four
Seasons to sleep,' I said.
'No, but the thought is pure ecstasy.'
I could tell he was about to nod off at the idea, so I got my trial
prep in quickly. Malone's job would be to describe Kendra's demeanor
and injuries. I hoped the nap would refresh him before his
testimony.
I left him there, lying on the wood bench, and walked back to where
Walker and Johnson waited.
'Pretty good kid, isn't he?' Walker said, nodding his head toward
Preston Malone.
'Seems like a hard worker. You guys ready?'
'Let's roll, girl.' I could tell Johnson was getting into witness
mode.
After Lesh took the bench and brought the jurors back in, I rose and
said, 'The State calls Detective Raymond Johnson.'
When he stood to walk to the witness seat, I noticed Claudia Gates, the
heavyset middle-aged black woman on the jury, sit a little straighter
in her chair and let her eyes follow Ray to the front of the
courtroom.
For her sake, after I asked Ray to state his name, age, profession, and
some other general background information, I added, 'Are you married,
Detective Johnson?' I'm not above playing to a juror's weaknesses.
