The Black Aura - 4. Change of Direction

Don't look back, ooh, a new day is breakin'
It's been too long since I felt this way
I don't mind, ooh, where I get taken
The road is callin', today is the day

Boston - 1978

12

And thus starts the legal career of one Avery Noonan. I went back to my old neighborhood in College Park after I got accepted to law school at Georgetown University. I considered Harvard and Yale, probably for about the same 4-and one-half seconds as that bar in DC, before I came to my senses and aimed a little lower. Apparently, my time as a corrections officer and police officer impressed the head of admissions more at Georgetown than the few other places I applied. Yeah, I got a couple acceptance letters, but they were from places closer to the top of the worst law schools list than the best law schools list; and to prevent some embarrassment, theirs and mine, I'll keep their names to myself.

Lindy and I got married the summer after we graduated. She was twenty-six, I was thirty-one. Neither of us had an issue with the age difference. She was a yellow, and over the course of the three years in law school, I determined she would die somewhere around three months before I did. I figured we'd be eighty-six and ninety-one at the time of our deaths. It was odd to be thinking that six decades before knowing it will happen.

Like UMD, I graduated in the top 10% of my class. Good enough to get a good job, but not enough to get wooed by the top law firms in the country. Didn't matter to me, I wanted to get into criminal law. My biggest decision was which table did I want to sit at, prosecution or defense? Both had their benefits. As a prosecutor I could tell if the accused was guilty, of course I wouldn't always be completely sure of him or her being guilty of the crime they were arrested for. Representing the defendant, I'd be able to know they were telling the truth when they said, "I didn't do it!" Either way I'd know if a witness was lying and could push their emotional state over the edge with that knowledge. In the end I decided to sit on the prosecution's side. I went back to my old stomping grounds in Cherry Hill and started my life as an assistant DA there.

Lindy tagged along, obviously, and got a job with a local law firm that handled personal injury cases. It was fairly lucrative for her. Until she got pregnant, anyway. That was just before we moved to Philadelphia. I discovered something new about the auras six months after we left Cherry Hill. Newborns had white auras. It took a few months before Avery junior started to turn blue. More on that later.

We spent a little over three years in Cherry Hill before getting an opportunity to move up in a sense. I'd still be an assistant DA but moving to Philadelphia gave me the chance for having a wider range of cases that I'd be able to work. Philadelphia may have been called the city of brotherly love, but it was also over 20 times larger than Cherry Hill, and therefore had a lot more folks with red auras. And after the crime was committed, I'd already know who the criminal was and who was the victim. Or should I say alleged criminal.

I began my rise to a shining star on a drug case. Well, it started out quite a bit less exciting, like LIP. This drug dealer was picked up for a D&D, drunk and disorderly. He had a fair amount of cocaine on him at the time of that arrest. Enough to be a second-degree felony, seventy-five grams, a bit less than three ounces. Not enough to have the heavy hitters in the DA's office handle the case. A few of them wished they had landed it after it was over though. But I'm not sure how another lawyer would have found out what I did.

It was expected to be a relatively short trial, two, three days at most. Andre 'Slick' Silver, the defendant, sliced a day off of that all by himself while on the witness stand. It got interesting when I asked him if he had any cocaine stashed anywhere else. The police didn't find any in his residence, but I noticed a shimmer when his own lawyer asked how often he'd had cocaine in his possession. First time, indeed. Shimmer, shimmer. I went on the attack.

"Mr. Silver, you testified earlier that this was your first time possessing cocaine. Have you ever possessed any other illegal drugs?"

"No, this is the first time for any."

"Are you aware that seventy-five grams of cocaine is almost never an amount first-timers are caught with?"

"No, how could I be?"

"True, you couldn't. Ten to twenty grams is most common. Someone with the amount you had usually has much more stashed somewhere else. Do you have such a stash?"

"No. I don't."

"Do you have a girlfriend, Mr. Silver?"

"Yes."

"Natalie Ulster, correct?"

"Yes."

"Were you living with this woman when you were arrested?"

"No. It's an on-again, off-again kind of relationship."

"Did the police search her apartment?"

"She never mentioned that they did. I never mentioned her to the police."

"Why not?"

"Nobody asked. I was alone when I was arrested. I wasn't about to let her get pulled into this. At least, not until now."

"So, if the police had searched her apartment, would they have found any drugs?"

Silver got noticeably more nervous, "No, they wouldn't."

"Of course, you'd lie about that."

"Objection. Counsel has no proof Mr. Silver is lying."

"Sustained. No more statements like that, Mr. Noonan. Ask your next question if you have one."

"Sorry, Your Honor. Getting back to your girlfriend, does she use cocaine too?"

Silver looked at his lawyer, unsure about how to answer.

"The answer isn't at the defense table, Mr. Silver. To your knowledge, does Miss Ulster use cocaine?"

"Yes."

"Have you used it together with her?"

"Yes.

"At her place?"

"Yes."

"So, don't you think it might be possible that there may be at least a little cocaine there?"

"I suppose there might be some traces."

"So, then did you lie before when I asked you if the police would find any drugs there?"

"I... guess so."

"You lied about its existence; you might also lie about the amount. Do you suppose there may be more than a trace?

"No. You won't find any drugs there."

"We won't find any, or there aren't any there?"

"There ain't none there."

"Thank you, Mr. Silver, for telling us there are drugs there."

"I didn't say that."

"Oh, but indeed you did. There ain't none there. That's what you said correct?"

"Yeah."

"Using proper English, if there isn't none there, that means there must be some. Do you have any favorite hiding places to keep the drugs you've possessed before?"

"No. I don't hide them anywhere."

"But you testified previously that you never had any before. Which is it. You never had them, or you never hid them?"

"Both. I mean neither."

"Do you know that if you did have more hidden in Natalie's apartment, she can be arrested too?"

"I guess."

"And if there is a lot there, that she might be in jail much longer than you will if convicted?"

"What do you mean?"

"Just for example, if you had the rest of a kilo there, do you know that she could be looking at serving twenty years or more, by possessing your drugs?"

Silver looked at his lawyer, "Can't you object or something?"

"Once again, Mr. Silver the answers aren't over there. Are you willing to let Natalie go to jail for holding onto your drugs?"

"She don't know they're there. She don't know where they are."

A collective gasp was heard throughout the courtroom.

"Would you like to save Natalie the hassle of having her apartment torn apart, and just tell us where they are?"

"I'm sorry, Natalie. They're under the baby's mattress. In his crib."

"Nothing further, Your Honor."

When the cops searched Natalie's apartment, they found ten kilos. Silver was not the small-time dealer everybody thought he was. All because of a shimmer when his lawyer asked what should have been a rather innocent question. The defense rested after that interaction. The jury took about thirty seconds to decide he was guilty. It had to be something like, 'Let's take a vote.' 'Twelve to nothing guilty.' 'Let's go back to the Judge.'

13

After that trial, I started getting sweeter and sweeter cases. The next one with a decent level of interest, technically, I lost. But getting the defendant to inadvertently point at the real offender, who was his alibi witness, made it worthwhile. Enjoyable, even.

Keith Fuchs had been arrested for grand theft. He was accused of stealing almost one hundred thousand dollars worth of jewelry. There was no way I could simply recommend to my boss to drop the charges. I determined his innocence during the early portion of the investigation. His aura didn't shimmer when he said he didn't do it. I had to soldier on and hope somewhere along the line, I could uncover the guilty party.

The trial began. I questioned the cops involved, three witnesses who claimed they saw the defendant either enter or leave the house where the goods were stolen from. I even asked a known associate (KA), if the defendant was capable of committing the crime. There was a complex security system that had to be overridden for the accused to gain entry. The defendant and this witness both had previously worked for the alarm company.

When I rested my case, the jury very likely agreed with the police that the defendant was guilty and looking at a conviction for a third-degree felony, with a maximum penalty of seven years in prison and a fine of up to $15,000.

Like the previous trial, the truth came out during the defense's case. Jeffrey Paltin was the defense attorney.

"The defense calls Simon Durgess."

Simon was sworn in, and immediately started lying when Paltin started questioning him.

"Mr. Durgess, were you with the defendant on the night of October sixteenth of last year?"

"I was."

"Where were you?"

"We were at Artie's Place, watching Monday Night Football."

"Was Mr. Fuchs with you the entire time?"

"Almost, we did separate for a minute or two, four times to use the restroom."

"Would you be able to provide proof that you were where you say you were?"

"I have the bar bill from that date."

"Defense would like to enter that credit card's receipt into evidence as defense exhibit one."

"Mr. Noonan?"

"No objection."

I'd already had my hands on it and found four sets of fingerprints, Simon's, his attorney's, and two others.

"Your witness counselor."

"Thank you. Mr. Durgess, was there anyone else at Artie's that could confirm both you and the defendant were there together?"

"I can't say for sure. Perhaps the bartender."

"Have you ever let another person use that credit card to make a purchase?"

This one was tricky, because his partner had indeed used it before, many times.

"Yes. My partner, Max Simpson has used it a number of times."

"Did he use it at Artie's on this occasion?"

Paltin spoke up, "Objection, Your Honor. The question has no basis in fact."

The Judge shot him down, "Overruled. The witness has just claimed it was used a number of times."

"No. He didn't."

"And you believe this theoretical bartender would have no recollection of your partner being at the bar that night?"

"Objection. Counselor is turning this into a fishing expedition."

"Overruled. Impugning the honesty of a witness is acceptable."

"I can't say what a bartender may or may not remember from one particular night, seven months ago."

"We'll find that out for sure later. Your Honor, I will be calling two rebuttal witnesses that will testify things did not occur as the witness claims."

The Judge looked mystified, but agreed, "Very well."

"Mr. Durgess, do you normally save receipts from seven months ago?"

"Sometimes, it's unintentional. I hadn't worn that pair of slacks since that night, and when Keith asked if there was any way I could confirm his alibi, I checked those pants and found it."

"Yes. Awfully convenient."

"Objection, Your Honor."

I didn't need the Judge's response, "Withdrawn, apologies for my comment, Your Honor."

"Consider yourself warned, Mr. Noonan."

"Understood, Your Honor."

Addressing the witness once again, "Mr. Durgess, who are you employed by?"

"Preventive Security Systems."

"Is that the same company the defendant, Keith Fuchs works, sorry, worked for?"

"It is."

"Would you say that you also have the experience necessary to bypass the security at the crime scene."

"I didn't do that."

"That's not what I asked. Would you have the necessary knowledge to perform the break-in?"

"Yeah, I guess so."

"Nothing further for this witness."

Out of the Judge and jury's line of sight, Mr. Durgess scowled at me. I smiled back. The Judge and jury both saw that. I had just put some doubt in the jury's mind about the defendant's alibi. Normally, that would be a good thing for the prosecution. It was, and it wasn't on this occasion. It made the defendant look more guilty, but it also set me up to point the finger at Durgess and possibly his partner, as thief and accomplice. His partner actually ended up being an unintentional victim of circumstance.

The defense called a few character witnesses, then the defendant himself. The defendant professed his innocence multiple times. Each and every time I believed him. I attacked his alibi once again, on cross.

"Mr. Fuchs, do you agree with Mr. Durgess' testimony that you were with him the entire night in question?"

"Of course."

"Is it possible you were mistaken? Mistaking someone else for Mr. Durgess?"

"Objection. The witness just said he agreed with the previous testimony. That would preclude his mistaking one witness for the other."

Paltin finally got one right, "Sustained."

"How many drinks did you have that night?"

"I'm not sure, but perhaps three beers, maybe four. And a couple shots."

"And did Mr. Durgess have approximately as many drinks?"

"I think so."

"If you were in the bar the entire time the robbery was supposedly taking place, per the police's testimony, how do you explain that two pieces of jewelry from that robbery were found in your home after you were arrested?"

"As I said earlier. I have no idea how they got there."

"Would them being planted be a believable reason?"

The defense attorney looked at me strange. He apparently thought I was trying to help his defense. In a way, I was. I didn't care one way or the other if Fuchs was convicted, although I'd prefer he wasn't. But I had to do that to set up Durgess.

"One more question, Mr. Fuchs. Does anyone you know have a spare key to your house, who may have been able to plant the evidence?"

Fuchs turned pale. I'd never given the defense a clue I'd be taking this tact.

"Um. Yes."

"Sorry, I was expecting a more complete response, now the last question. Who would that person be?"

Keith clamped his mouth shut and looked away from me.

"Your Honor, could you remind the witness that he is under oath and must answer?"

"So ordered, you're under oath Mr. Fuchs. Answer the question."

The defendant took a deep breath, knowing saving his own ass might be frying his friend's.

"Simon Durgess."

"Thank you. Nothing further."

"Call your next witness, Mr. Paltin."

"The defense rests, Your Honor."

"Mr. Noonan, do you still feel the need to call the two rebuttal witnesses?"

"I do, Your Honor."

"Very well. Court is in recess until one-thirty PM for lunch. Return on time people."

After lunch, I started my end-run attack on Durgess.

"The State calls Quentin Carstead."

Quentin was sworn in, and he began helping me dig Durgess' grave.

"What do you do for a living, Mr. Carstead?"

"I co-manage an auto parts store."

"Is that your only place of employment?"

"Now. Yes."

"What about on October sixteenth?"

"I was a part-time bartender at Artie's Place at that time."

"Please, take a look at the defendant at the other table. Do you recall seeing him in Artie's at any point in time?"

"He was there on October sixteenth."

"How can you be sure?"

"He and his companion got very rowdy. I let them alone after cutting them off because they were so drunk."

"How can you be sure of the date?"

"Because I was fired the next day for serving obviously intoxicated customers, and letting things get broken in the bar."

"Take a look around the gallery, the audience. Do you see his companion anywhere?"

After a long moment to look over the gallery, "No, he's not here."

"Your Honor, would you instruct Mr. Durgess to stand, please?"

"Mr. Durgess?"

Durgess stood, scowling at me once again.

"Is that the man who was present with the defendant that night?"

"No."

"Your Honor, I have a photo here, that I would like Mr. Carstead to review."

"You may proceed."

"Is this the man who was in the bar on October sixteenth?"

"Yeah, that's him."

Showing the photo to the defense, "Do you agree that this is a photo of Mr. Durgess' partner?"

They reluctantly agreed, not knowing if it helped their case or not.

"I'd like to enter the photograph as state's exhibit seven."

"Mr. Paltin?"

Still completely confused as to what I was doing, he said, quizzically, "No objection, Your Honor."

"To be clear, Mr. Carstead, you saw the defendant, and the man in the photo at Artie's on October sixteenth?"

"That's right."

"Your witness."

Paltin was obviously confused. After apparently busting his client's alibi a short time ago, now I was confirming it, but with another party.

"Uh, no questions, Your Honor."

"You may step down, Mr. Carstead. Mr. Noonan, I am very confused as to why you called that witness."

"I understand that, Your Honor. The next rebuttal witness will clear the confusion. But I must request that the courtroom be closed, and no-one be allowed to leave."

"This is highly irregular, I hope you know what you're doing, Mr. Noonan. If not, the Judicial Board may need to hear about this turn of events. Bailiff, guards, please block the exits."

"The State calls, Maxwell Simpson."

Max is sworn in, and the dirt began piling up on Durgess' grave.

"Mr. Simpson, it has been testified that you, and not your partner, were with Keith Fuchs on the night of October sixteenth. Do you agree?"

"Yes, we were there together."

"And as the bartender, Quentin Carstead testified, you and the defendant went a little overboard with your drinking."

"Yes."

"Was there another reason, other than the alcohol, that things got out of control?"

"Yes. I had been dating Keith on the side. I no longer felt comfortable being in two relationships simultaneously, so I tried to break it off. Keith didn't appreciate that."

"Did you plan on continuing your relationship with Mr. Durgess only?"

"Yes."

"Who paid for the food and drink that night?"

"I did."

"Your credit history shows you own no credit cards. Did you pay in cash?"

"No. I had a spare of one of Simon's cards."

"Did you take the receipt when you left?"

"Yes."

"And what did you do with it."

"Just put it in my wallet initially. But Simon asked for it the next morning, he said he might need it."

"Your Honor, I'd like to place this fingerprint report of the receipt already in evidence, as State's exhibit number eight. It shows that the bartender and Mr. Simpson both handled the receipt. This could not have been done if Mr. Durgess was instead present that evening. Detective Wallson will be taking Mr. Durgess into custody for the commission of this crime, as well as perjury, and providing false statements to the police. Further, once I summarize today's actions with District Attorney Belton Garber, I will be making a motion to expunge all charges against Mr. Fuchs."

"Mr. Paltin?"

"No objection, Your Honor."

"Are you finished with this witness, Mr. Noonan?"

"I am, Your Honor."

"Cross examine Mr. Paltin?"

"No, Your Honor."

"Court will be recessed for one hour so I can research what should be done in this case. It's a new one on me. We will resume at three-thirty PM. Counselors, my chambers."

We joined the Judge in his chambers.

"What the hell was that, Avery?"

"That was doing exactly what a trial is supposed to do, find the truth."

"Couldn't you have just asked the police to arrest Durgess, and not waste all of our time?"

"I wasn't sure he actually was the guilty party, and didn't believe a conviction would be possible without the testimony that was heard in this court. I felt I had no choice but to confront the witnesses."

"Understood. After hearing about your hijinks on that drug trial, I shouldn't be surprised this case would turn into a circus as well."

"My apologies, Your Honor. But I couldn't in good conscience allow Mr. Durgess to not come under scrutiny once I believed Mr. Fuchs was innocent. Requesting the charges be dropped at that early point in the judicial cycle would not have been possible."

"I'm still stunned. I hope you can get Mr. Garber's approval before we reconvene."

"I'm sure I will. I did give him a head's up that if things went the way I hoped, that would be an outcome."

"Thanks. Both of you. Now get the hell out of here."