Superposition

^{CHAPTER 4}

The prosecution’s first witness was Officer Richard Peyton, a big guy with a thick neck, red blotches on his face, and blond hair cropped so close to his scalp that you almost couldn’t see his receding hairline. He climbed the short stairs to the witness box, stiff in a freshly cleaned and pressed uniform and holding his cap, which he set on the rail next to him.

The court officer held out a Bible, and Peyton placed his hand on it. “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?” The officer rattled it off like it was one multisyllable word.

“I do,” Peyton said.

Haviland advanced. “Officer Peyton, what is your profession?”

“I’m an officer for the Media Police Department.”

“How many years have you been a police officer?”

“Eight years, give or take.”

Next to me, Terry Sheppard slouched, apparently bored with the witness, and played with the end of his mustache. I figured it was a pose, meant to communicate to the jury a contempt for the witness, but I wasn’t sure. He did this all the time. He might actually be bored.

“Do you remember where you were the evening of December second?” Haviland asked.

“Yes, I do. I was cruising the downtown Media area when I got a call from the dispatcher to Woodview Lane, possible armed assault,” Peyton said.

“And you went to the scene as ordered?”

“Yes, I did.”

“Were you the only one there?”

“No, my partner, Officer Jimenez, was in the car with me, also Officers Esposito and Ashford arrived on the scene in their car approximately five minutes after we did.”

“And what did you find when you got there?”

“We found Mr. and Mrs. Kelley, the owners of the house, along with their three children. Mr. Kelley claimed Brian Vanderhall had discharged a firearm at his wife.”

“Was there evidence of that?”

“Yes, sir. There was a bullet hole in the kitchen wall, and a shattered coffee mug with gunshot residue consistent with a firearm discharge about five feet away.”

“And can you identify Mr. Kelley? Is he in the courtroom today?”

“Sure.” Peyton pointed at me. A lot of people were doing that today. “That’s him, right there.”

“Let the court records show that the witness identified the defendant, Jacob Kelley,” Haviland said. “Thank you, Officer. How did Mr. Kelley seem to you?”

“I’m sorry?”

“How did he seem to be feeling?” Haviland asked. “Was he happy, sad, angry, annoyed, amused?”

“Objection!” Terry called out. He stressed the first syllable, as if this were the twentieth objection he’d made, and he was growing weary of the prosecutor’s games. “What is the relevance of this line of questioning to the murder?”

“I’m trying to establish motive,” Haviland said. This incident occurred the day before, and is crucial for demonstrating the defendant’s state of mind.”

“Overruled,” Judge Roswell said. “You may answer the question, Officer Peyton.”

“He was angry,” Peyton said. “Blazing mad. Some guy just took a shot at his wife. I’d be angry, too.”

“Angry enough to kill?” Haviland asked.

“Objection!” Terry said.

But Haviland waved it away. “I withdraw the question,” he said.

I was having trouble staying in my seat and listening to all this. My muscles kept clenching and unclenching, just like they used to do when I had to sit and listen to a scientist lie through his teeth about the worthlessness of some competing experiment in an attempt to raise the value of his own research. I felt so powerless: unable to explain, unable to speak up or do anything at all. All my life, I had hated that feeling of helplessness and vulnerability. I wasn’t sure how I was going to stand it for several days of trial.

“What time did you come to the house?” Haviland asked.

“At 8:25 in the evening.”

“How can you be certain?”

“The time was recorded in my report of the incident, which I reviewed before coming here today.”

Haviland reached under the prosecution table and pulled out a giant interactive whiteboard that showed a line with dates and times marked. A rectangle marked “Next” appeared on the bottom right corner of the board, and when Haviland touched it, a box appeared over 8:25 PM on December 2, which read “Police arrive at Kelley home.”

“Is this time correct?” Haviland asked.

“Yes, it is,” Peyton said.

Haviland spun briefly to give the jury and the audience a good look, then leaned it against the table. “So you came to the house and found evidence of firearm violence and a very angry Jacob Kelley,” he said. “What did you do next?”

“I called it in, and they started a manhunt for Brian Vanderhall. We put an APB out on his car and searched the neighborhood, but we didn’t find him,” Peyton said.

“You didn’t find him? Was this a halfhearted search?”

“No, sir. We went house to house for blocks in every direction, knocking on doors and searching yards. We alerted the departments in surrounding towns, as well as the New Jersey State Police. Nobody saw him.”

“How long did the search continue?”

“Until his dead body was found.”

“And in all that searching, did Mr. Kelley mention to you that there was a secret bunker, hidden underground, in which he and Mr. Vanderhall used to perform scientific experiments?”

“No, he did not.”

“He didn’t suggest to you that Vanderhall might be hiding down there, evading capture?”

“No, sir,” Peyton said.

“Why do you think that is?”

“Objection,” Terry said. “He’s asking the witness to speculate.”

“Sustained,” Roswell said.

Haviland shrugged. “One final question. What time did the police leave the Kelley home that night?”

“At 10:55,” Peyton said.

Haviland picked up his whiteboard and pressed the “Next” square again, causing a new box to appear over 10:55, which read “Police leave Kelley home.”

“Is this correct?” he asked.

“Yes, it is.”

“No further questions, Your Honor.”

Haviland sat down. Terry leaped to his feet and practically ran to the lectern, where he threw down his notes. The pose of yawning indifference had disappeared in a moment. He glanced at me briefly, and his eyes were ablaze.

“Mr. Peyton,” he said in the same strident tone I used to use to call one of my children to task when they misbehaved.

“Officer,” Peyton corrected.

“Ah yes. An officer of the law. Keeper of the truth. Mr. Peyton, in your eight years as a police officer, how many times have you been called to a scene of violence in someone’s home?”

Peyton made a huffing noise. “I don’t know. Hundreds.”

Terry held up a sheaf of papers. “According to police records, over five hundred times?”

“I would believe that, though I don’t keep track,” Peyton said.

“And how many of those incidents have involved one or more angry persons?”

Peyton gave him a strange look. “I’m sorry?”

“Come on, Mr. Peyton. In how many of those incidents of violence in the home did you encounter someone who was, if I may quote you, ‘blazing mad’?”

“Most of them, I guess,” Peyton said.

“And how many of them resulted in someone’s death?”

“Not many.”

Terry held up the papers. “Fifteen?”

Peyton was getting a bit irritated. “It could be. I don’t remember the exact number.”

“So is it safe to say,” Terry said, “in your expert opinion as a police officer, that when someone is angry, it doesn’t necessarily mean he will kill someone?”

“No, it doesn’t.”

“Mr. Peyton, when you encounter a man who you believe is a danger to himself or other people, what do you do?”

“We take him into custody.”

“Would you include in your report your belief that you feared that person would do violence to others?”

“Yes.”

“Did you take Jacob Kelley into custody that night?”

“No.”

“Did you include in your report that you feared he would do violence to others?”

“No.”

“Why not?”

“I didn’t believe him to be a threat, sir.”

“So in your professional opinion, as a police officer on the scene at the time, Mr. Kelley gave no indication of being angry enough to murder someone.”

“That’s not something you can tell just by looking at someone,” Peyton said.

“But at the time, you did not think he was angry enough to commit murder.”

He didn’t want to answer the question. Peyton knew his main purpose on the stand was to introduce a motive for murder. “I wasn’t certain one way or another,” he said. “At that time, he had not committed a crime.”

Terry wasn’t going to let him off the hook. “According to your report, however, you had no reason, at the time, to believe that he would commit a crime, correct?”

Peyton took a deep breath and let it out. “That’s correct.”

Terry smiled. “Thank you. No more questions, Your Honor.”