Part 4: Case 1 - The First Turnabout - Part 3Case 1 - the First Turnabout
We left off ready to demolish some testimony.
: Hold it right there! The prosecution has said there was a blackout at the time of the discovery!
: You couldn't have heard a television... or a video!
: I... well... urk!
: The defense has a point.
: Do you have an explanation for this, Mr. Sahwit?
: No, I... I find it quite puzzling myself! Quite! ...
: Mr. Sahwit? The court would prefer to hear an accurate testimony from the very beginning.
: These constant corrections are harming your credibility. That and you seem rather... distraught.
: M-my apologies, Your Honor! It... er, it must have been the shock of finding the body!
: Very well, Mr. Sahwit. Let's hear your testimony once more please.
: You saw a clock? I guess that would explain it. The defense may cross-examine the witness.
: That strikes me as a very suspicious mistake.
: Yes, I can see how you'd be a little doubtful... I'm really sorry. I only just remembered that table clock!
: A "table clock"?
: A "table clock"? Was there a clock at the scene?
: This is the first I've heard of it!
: The... murder weapon?
: Yes, the table clock that was used as a weapon!
: That's what I just said. Did you doze off in the middle of my testimony or something?
: (Something's fishy here...)
: Why didn't you tell us that in the first place?
: I guess it just slipped my mind!
: I'm not really sure how it happened myself...
: The witness says he saw the table clock. End of story.
And we loop.
: Now, find the contradiction!
Can you solve it? Almost certainly.
: Wait just a moment!
: Now how is this supposed to be a clock?
: Just answer the question. Mr. Sahwit.
: Hey, I... I saw it there, okay! That's a clock!
: Your Honor! If I may...
: Yes, Mr. Payne?
: The neck is a switch. You just tilt it, and it says the time out loud. As it doesn't look like a clock, I submitted it as a statue. My apologies.
: I see.
: So the murder weapon was a table clock after all. Well, Mr. Wright? It appears that the witness's testimony was correct. This is a clock.
: I guess not. There was a clock on the scene, so, no problem.
: Wright! Are you out of your mind? That clock doesn't look like a clock at all!
: The witness couldn't have possibly known it was a clock just by seeing it! He said himself, he never entered the apartment! It was in his testimony!
: Hey! You're right!
: Is something the matter? Does the defense have anything to add?
: Yes... Yes I do!
: Your Honor, there is a gaping hole in the witness's testimony!
And we meet back up.
: The only way he could have known the weapon was a clock is to hold it in his hand.
: Yet the witness testified that he never entered the apartment!
: Clearly, a contradiction!
: Tell me, isn't it true that you knew the victim? In fact, you were one of her "sugar daddies"! Be frank with us, Mr. Sahwit!
: Hmph. "Frank"? I'm always "Frank"!
: Your Honor. We have complete records of the victim's relationships. Mr. Frank Sahwit does not appear anywhere.
: Huh? Oh, really?
: Please, Mr. Wright... Is "Huh" the best repsonse you can muster up?
: Try to refrain from making off-the-cuff accusations in the future.
: Y-yes, Your Honor. Let me think this over.
: You're lying! You were inside the apartment on the day of the murder!
: I'll do better than that! I can prove you were the one who killed her!
: Order in the court! Intriguing. Please continue, Mr. Wright.
: Yes, Your Honor.
: The sound must have left quite an impression on you.
: The voice was burned into your mind. That's why you were so certain about the time!
: W-w-what's the meaning of this? This is all baseless conjecture!
: Just look at the witness's face!
: Would the witness care to elaborate? Did you strike the victim with the clock?
: I-it was him, I tell you! I saw him! H-he killed her and he should burn! Burn! Give him death!
: Order! Order in the court I say!
: Your Honor, a-a moment please! There isn't a shred of evidence supporting the defense's claims!
: Mr. Wright!
: Your Honor?
: You claim the sound the witness heard came from the clock... Do you have any evidence?
: (The whole case is riding on this! I'd better think it through carefully!) Yes, Your Honor. The sound Mr. Sahwit heard was definitely this clock.
: All you have to do is examine the batteries!
: What exactly did you mean, Mr. Wright?
: Yes, the clock was working fine!
: Yes, and...?
: Umm, I'm sorry, I think I got confused back there with all those testimonies.
: Mr. Wright! I expect more from a lawyer in this court. Even if it is your first day.
As you see, this is the first time we can actually get slightly closer to losing in this case.
: Y-yes, Your Honor. As I was saying...
: All you have to do is talk to the victim's neighbors!
: Talk to the neighbors...?
: I'm sure one of them heard the clock tell the time when the incident occurred!
: I see...
: Does the prosecution have anything to say, Mr. Payne?
: We have already made all the necessary inquiries. Everyone living near the victim's apartment was out at the time of the murder. Furthermore, even if a neighbor had heard the clock, that would not prove that Mr. Sahwit had heard anything.
: Hmm... That is true.
: I believe you may be wrong, Mr. Wright. You'll receive a penalty for that, unfortunately.
: I-I'm sorry, Your Honor! Let me think about it again!
: Let's sound the clock now, here in this court.
: Your Honor, may I have the clock?
: I ask the court to listen very carefully...
: That certainly is a strange way to announce the time.
: Well, he is "The Thinker," after all.
: So, we've heard the clock. What are your conclusions, Mr. Wright?
: Mr. Payne... can you tell me what time it is now?
: It's 11:25... Ack!
: Precisely the discrepancy between what Mr. Sahwit heard and the actual time of death!
: So, Mr. Sahwit... Try to talk your way out of this one!
: ... ...Hah! Hah hah! You forgot one thing!
: (Uh oh... what's he talking about...?)
: It proves nothing! How do you know it was running three hours slow on the day of the murder!? If you can't prove that, you don't have a case!
: (He's right! How am I going to prove that!? Dammit! I was so close!)
: Mr. Wright? It seems you lack the critical evidence to support your claim.
: ...! Yes, Your Honor.
: This means I cannot let you indict the witness. Unfortunately...
: This ends the cross-examination of Mr. Frank Sahwit.
: I come all the way down here to testify, and look what happens! They treat me like a criminal! A criminal! You lawyers are all slime!
: (Grr! I almost had him! Sorry, Larry... I failed you. There's nothing I can do about it now...)
: Listen up, Wright! Don't throw this one away, not like this! Think!
: But, Chief, it's over. I can't prove the clock was slow the day of the murder! Nobody can prove that!
: Um... well, yes. But that doesn't mean you can't still win! Try thinking out of the box! Don't waste time doubting the facts. Assume the clock was three hours slow and... Think through it! Ask yourself, "why was the clock three hours slow"? Figure out the reason and you'll have your proof! Right, Wright?
: H-how am I supposed to know that!?
: I know you can figure it out! There must be some evidence in the Court Record... Something that can show why that clock was three hours slow! Find it and he won't have a foot to stand on!
: Mr. Wright?
: Y-y-yes, Your Honor!
: You say the clock was already running slow on the day of the murder... Do you have evidence to prove this?
: (This is it... all or nothing!)
: Yes, Your Honor.
: ... Wait! Maybe I can prove it!
: You must have evidence somewhere that can prove it, Wright! Find it and let them have it!
: Well, Mr. Wright? You say the clock was already running slow on the day of the murder... Have you found evidence to support this claim?
: Of course. There is a piece of evidence in the Court Record that can prove my claim beyond a doubt!
And here we rejoin.
: Hah! Tough words! let's see you pull this one off!
So, have you figure it out?
Next time: We do that thing.
California Penal Code. section 384a posted:
Every person who within the State of California willfully or negligently cuts, destroys, mutilates, or removes any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or portion of any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, growing upon state or county highway rights-of-way, or who removes leaf mold thereon, except that the provisions of this section shall not be construed to apply to any employee of the state or of any political subdivision thereof engaged in work upon any state, county or public road or highway while performing work under the supervision of the state or of any political subdivision thereof, and every person who willfully or negligently cuts, destroys, mutilates or removes any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or portions of any tree or shrub, or forn or herb or bulb or cactus or flower, or huckleberry or redwood greens, growing upon public land or upon land not his or her own, or leaf mold on the surface of public land, or upon land not his or her own, without a written permit from the owner of the land signed by the owner or the owner's authorized agent, and every person who knowingly sells, offers, or exposes for sale, or transports for sale, any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or portion of any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or leaf mold, so cut or removed from state or county highway rights-of-way, or removed from public land or from land not owned by the person who cut or removed the same without the written permit from the owner of the land, signed by the owner or the owner's authorized agent, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1000), by imprisonment in a county jail for not more than six months, or by both fine and imprisonment.