The Castaway Hotel
Book 7

By: B W
(© 2012 by the author)

The author retains all rights. No reproductions are allowed without the author's consent. Comments are appreciated at...

Chapter 19
The Star Witness. 

When court resumed after lunch, the prosecution called its next witness.  It was one of the others that had attended the party David Hubbard was at.  In fact, the next several witnesses had all attended that get together and merely testified about the party and how everyone had a good time.  The only thing they established was that everyone who attended was in a good mood, there were no fights or arguments prior to the assault and no one had shown any hostility toward the victim.  I think this was done to shift suspicion away from those who were there, by showing everyone was getting along. 

Their testimony was so innocuous that our lawyer barely asked them any questions; since he concluded nothing they said did any damage to his defense strategy.  However, when the prosecution called another of these people to the stand, Mr. Gouldin voiced his objection. 

“Your Honor, we have heard several witness repeat the same story,” he stated, “so unless one of them has something new to add, I think we get the picture.  I ask you stop the prosecution from calling others to repeat the information already on the record and move on to something new.” 

“I agree,” the judge concurred, “so Mr. Osgood, I recommend you call a witness that possesses different information.” 

“Your Honor,” since I felt we had several more witnesses to call first, I did not tell him to be here today.” 

“Then I suggest you have him here first thing in the morning,” the judge announced, “and we’ll call a recess until then.”  Mr. Osgood nodded and the judge slammed down his gavel, ending the day’s proceedings. 

The boys had calmed down after hearing Hubbard’s testimony, because those that followed merely talked about the party and their comments were fairly inane.  I took the accused home in the van and Jake took the others in the Suburban.  Once we started to drive away from the Courthouse, they began to make their feelings known.

“David Hubbard is the same lying shack of shit he was when our problems with him first started!” Danny exclaimed. 

“Did he really think he would get away with saying I came on to him, or one of his friends, again?” Shannon followed.  “Is he dumb enough to believe we couldn’t prove he was lying, after we proved it never happened in the first place?” 

“I swear if someone hadn’t already beaten the crap out of him,” Pat followed, “I would have done it myself.  I think he’s even more despicable and pathetic now, than he was back then.” 

“I hope he only looks pathetic and not sympathetic,” Brandon observed.  “I think before he started spitting out his hatred against gays, some of the jurors might have believed him and were even feeling sorry for him.” 

“Good point,” I announced.  “You can learn a lesson from him.  If you get called to testify, it is important to keep your cool and not lose your temper.  I think you saw what outbursts can do to make you less believable.”

“Yeah, we know what you mean,” Danny replied.  “Hubbard was actually doing good, until he started ranting against gays.”

“Hell, seeing him in that wheelchair,” Pat added, “I almost began to feel sorry for him too, until he began to speak.”

“How does anyone like him make friends?” Brandon wondered.  “A few of the people who were there to testify about the party aren’t like him.  In fact, I even get along with some of them.”

“I can see him and Tim Wood being buddies,” Shannon concluded, “and a few of the others too, but some of those people are generally nice.  So why in the hell would the hang around Hubbard and Wood?”

No one had an answer to that question, so no one responded, and it wasn’t long before I parked in front of the house.  We got out, went inside and the boys were immediately barraged by their brothers.  They not only wanted to show their support and make comments about what they heard, but they also offered suggestions about parts of the testimony they thought could be challenged.  Once we went over their ideas, I jotted them down and told the boys I’d give them to Mr. Gouldin, to see if he thought he could use any of it.

The rest of the night was pretty quiet and the boys facing charges were very lethargic.  I think they were already fearing the worst and imagining what their life would be like in prison.  I tried to break them out of their funk and get them thinking more optimistically, but they were too afraid of what was to come.  Tim Wood would be up next and his testimony could prove to be the most damning of all. 

I’m not sure if any of them got any sleep that night, but I know I only dozed from time to time.  I think Jake endured a very restless night too, because I heard him get up several times and leave our room.  I certainly hope the trial doesn’t drag on for very long or we’ll all be zombies by the time a verdict is rendered. 

The next morning we choked down a small breakfast and drove to court.  Once we were seated inside, the judge entered and the trial resumed, with Mr. Osgood calling his big gun witness to the stand.  This was the person who claimed to have seen the boys in the area just prior to the attack, so it was important for Mr. Gouldin to shake his testimony.

“The state calls Timothy Wood,” the acting D.A. announced.  The doors at the back of the courtroom opened and he came striding forward.  He looked confident, and almost cocky, as he stepped up to the witness stand to be sworn in.  Once that was completed, the prosecutor began.

“State your name in full,” he was directed. 

“Timothy Evan Wood,” he responded. 

Mr. Osgood began by questioning Wood about his association with Hubbard.  He asked how they knew each other, how long they had known each other, what their relationship was like and other such questions, before moving on. 

“Mr. Wood, could you tell us what you did on Thursday, July tenth of this year?” Mr. Osgood asked. 

“Yeah, I went to kind of a party with my friend, David Hubbard,” Wood announced, while pointing back at Hubbard, who was seated in his wheelchair, at the rear of the courtroom.

“Will you please tell us what happened that day?” the D.A. continued. 

“Yeah, we had a really good time, until I found David later,” Wood explained. 

“So there were no problems at any time during this party?” the D.A. asked, hoping to totally eliminate the possibility that someone had a problem at the party and it was that person who later beat Hubbard. 

“Nope.  None,” Wood stated, with a sneer. 

Mr. Osgood then took a considerable amount of time to question Wood about events before the party, since he and Hubbard were together then too, even though they drove separately.  Once that had been covered, the D.A. also questioned him about what happened at the party and what he did after he left the party, to further establish nothing had happened that would implicate anyone else.  Most of this had little impact, except for eliminating the possibility that someone at the party might have done this, so Mr. Osgood pressed on. 

“I understand you were the one who found Mr. Hubbard later, after the attack.”  Mr. Osgood continued. 

“Objection, your Honor,” Mr. Gouldin interrupted.  “The prosecution is leading the witness and not asking a question.” 

“Objection sustained,” the judge quickly ruled. 

“Excuse me, your Honor, and let me rephrase,” the D.A. apologized.  “Who discovered Mr. Hubbard’s battered body later?” 

I could tell Mr. Gouldin wanted to object to Mr. Osgood’s use of words, but since it had already been established that Hubbard was badly beaten, he knew he would be overruled.  He didn’t want to let the prosecution use it to emphasize Hubbard’s condition any more than it was. 

“That was me,” Wood boasted. 

“Can you tell us how you happened to locate him?” Mr. Osgood asked next.

“Sure.  It was just after ten or so when David’s father called and wanted to know if David was with me,” Wood stated.  “When I told him he wasn’t, David’s father told me he never came home, so I told his dad he might have had car problems and I’d go look for him.  He thanked me and I told my parents what I was going to do and left.  When I went back to where we held our party, I found him lying on the ground.  He’d been beaten and was unconscious.”

“What did you do then?” Mr. Osgood asked. 

“I grabbed my cell phone out of the car and dialed 911,” Wood explained.  “The person on the other end told me not to move him and said she’d send a squad car and ambulance immediately, after I told her where we were.”

“Did you see anyone else around that evening?” the D.A. continued, directing him toward the questionable portion of his testimony.

“Not then, but earlier, when I was leaving the party and heading home,” Wood answered.  “That’s when I saw those four on the highway, less than a half mile from where the party was.”  He pointed at the four boys at the defense table as he said this, which added emphasis to his words.

“And you are positive it was them?” Mr. Osgood asked, while raising his eyebrows for effect. 

“Absolutely,” Wood assured the lawyer.  “Danny was driving, with Brandon sitting in the front passenger seat, and I saw Shannon in the seat behind Danny, with Pat on the other side of him.”

“So there’s no doubt in your mind it was the defendants?” the D.A. persisted, to make his testimony even stronger. 

“None whatsoever,” Wood stated, confidently. 

“Thank you, Mr. Wood,” Mr. Osgood told him.  “I have no further questions for this witness, your honor.” 

As Mr. Osgood was sitting down, Mr. Gouldin rose, buttoned his suit coat and moved forward to question the witness.  He was scrutinizing him closely, as he approached.

“So, Mr. Wood, you claim to have seen the defendants that same evening, in the vicinity of the party?” our lawyer began. 

 

“I don’t claim it, I did see them,” Wood challenged.

“So you say,” Mr. Gouldin repeated, showing his skepticism.  “And where were you when you saw them?”

“In my car,” Wood responded. 

“And was your car parked at the time or were you driving?” Mr. Gouldin followed. 

“I was driving at the time,” Wood replied. 

“And was their car parked or were they moving at the time?” our attorney continued.

“Danny was driving in the other direction,” Wood answered. 

“Oh, and how fast were you traveling?” Mr. Gouldin wanted to know. 

“I dunno, probably the speed limit,” Wood informed him. 

“And what would that have been?” our lawyer asked. 

“About fifty-five,” Wood responded. 

“Okay, and how fast do you think the defendants were traveling?” Mr. Gouldin wanted to know. 

“Probably about the same,” Wood told him. 

“Oh, so I see,” Mr. Gouldin stated, in a tone that emphasized his surprise and doubt.  “So, tell me, how long did it take for you to pass by them?”

“I dunno.  Maybe a couple of seconds,” Wood guessed. 

“Ah, so at fifty-five miles-per-hour, and for a couple of seconds, you were able to see and recognize all four boys in their vehicle?” our lawyer asked, while raising his left eyebrow.  He did this to indicate he didn’t believe that was possible.

“Yes, I told you I did,” Wood reiterated.  My lawyer now flashed a look of disbelief, as he planned how he would push this idea further. 

“And was there anything else that made you believe it was them?” Mr. Gouldin persisted. 

“Yes, it was their car,” Wood stated, feeling smug. 

“Well, I know they have several vehicles, so which vehicle would that have been?” Mr. Gouldin asked. 

“Their Grand Am,” Wood announced, without hesitation. 

“And you’re absolutely positive it was their Grand Am, with them in it, and it couldn’t have been someone else?” our attorney challenged. 

“I’m positive it was them and not someone else,” Wood replied, confidently. 

“And what time of day was this?” Mr. Gouldin asked next. 

“Somewhere around 9:00,” Wood stated.

“And what was the visibility at that time?” Mr. Gouldin continued.  “Was the sun bright or was it cloudy?”

“It was getting dark,” Wood replied, but this time looking a little less confident. 

“Did you have your headlights on at the time?” our lawyer asked.

“Yeah,” Wood answered, succinctly. 

“So it was dark enough to turn your headlights on?” Mr. Gouldin challenged. 

“Yeah, I guess so,” Wood answered.

“And did they also have their headlights on?” our lawyer wanted to know. 

 

“I think they did,” Wood replied, a little less certain. 

“So it was dark enough for headlights to be used, you were both traveling at approximately fifty-five miles per hour and passed each other in a second or two, yet you have no doubts it was these four boys?” Mr. Gouldin continued, raising his eyebrows again.

“That’s what I said,” Wood answered, defiantly, while our lawyer gave him another questioning stare.  Mr. Gouldin hesitated a few seconds before he continued.

“You have been friends with Mr. Hubbard for quiet some time, correct?” he asked.

“Yep, we have,” Wood responded, boastfully. 

Mr. Gouldin now asked Wood if he knew of any other fights Hubbard had been in, if Hubbard had any other enemies or if Hubbard was involved in anything that might have led to him getting beat so badly.  Wood wasn’t happy with this question and the D.A. objected to it.  However, he was overruled, but Wood didn’t say anything that would lead to another suspect.

“Please refresh my memory,” Mr. Gouldin continued. “Were you part of the group that was involved in the fight with these boys a few years ago and weren’t you also one of the boys suspended for those actions?  Is this correct?”

“Yeah, I guess it is,” Wood responded. 

“And you share the same basic feeling about the alleged sexual orientation of these boys?” Mr. Gouldin challenged, as a way of discrediting his testimony. 

“I guess so,” Wood confirmed, hesitantly. 

“You guess, so?” Mr. Gouldin pressed.

“Okay, I don’t like queers either,” Wood finally admitted. 

“And you were in the fight with the defendants to protect your friend, Mr. Hubbard?” our lawyer asked next. 

“Hell, yeah.  He’s my best bud,” Wood stated, with added emphasis.  “I’d protect him no matter what.”

“And you’d lie to protect or help him too, is that also correct?” Mr. Gouldin challenged, having lured him into his trap. 

“ Objection, your honor…” shouted the D.A.

“Never mind, your honor,” Mr. Gouldin replied, before Mr. Osgood could finish his objection or the judge had time to render his decision.  “I withdraw my question.

Mr. Gouldin walked confidently back to his seat, while the witness was excused.  Then the judge ordered an hour recess for lunch.

 

Once we were out in the hallway, the boys came up to me, rambling excitedly.  They were eager to point out something they had picked up on in Tim Wood’s testimony – something that would mean his statement couldn’t possibly be true.   I quickly listened to what they had to say and considered their argument, before I realized they were correct.  After reaching this conclusion, I excused myself and left the courthouse.  There were a few things I would need to do before the trial resumed.  I asked Jake to take the O’Haras and the boys out to eat, while I ran my errands, which he readily agreed to. 

I arrived back at court just before the trial was scheduled to restart and filled Mr. Gouldin in about what we had learned and what I had done.  I was convinced he could use it.  Now, we all took our places and waited for court to be called back into session.

Soon the judge entered the courtroom and took his place.  Once he was seated, he addressed the prosecutor again. 

“Mr. Osgood, will you please call your next witness,” he told him. 

The acting D.A. chatted quickly with his assistant before he rose from his seat and looked toward the judge. 

“The prosecution rests, your honor,” he stated meekly, which startled us and caused a series of audible gasps from the other spectators in the courtroom.

This actually surprised us too, because we felt the prosecutor would explore and draw out the testimony of those who knew about the animosity between my boys and Hubbard.  He might possibly even elicit more testimony about how we had pushed to get the boys suspended.  We were confident he’d also question why we went after the Boy Scouts next and want to know if it was because Mr. Hubbard was a scoutmaster and both David and Tim were members of his scout troop.  However, I guess Mr. Osgood either felt he’d presented enough of that information or Hubbard’s outburst had made him decide not to press the gay issue further.  Either way, he ended on what he thought was his strongest witness to tie my boys to the crime. 

“Mr. Gouldin,” the judge continued, after realizing the prosecution was done, “would you please call your first witness to the stand.”

“Yes, your Honor,” our lawyer replied.  “The defense calls Mark Williams to the stand.” 

Even though I had just picked Mark up from work, it was only so he could explain to Mr. Gouldin what I had told him earlier.  There was never any definite plan to call him as a witness today.  Even though everyone in the house had been included on the witness list, since we didn’t know who might remember something important before it came time to testify, we still weren’t certain anyone would be called.  It was our good fortune we had done this, because now Mark’s testimony was needed.

Looking shy, Mark walked from the waiting area outside the courtroom and stepped forward.   He was sworn in and then Mr. Gouldin began to ask his questions.

“Please state your name in full,” he told Mark.

“Mark Edward Williams,” he replied. 

“And how do you know the Currie family,” Mr. Gouldin asked next. 

“They are very good friends,” Mark stated, “and I’ve lived with them for a while.  I also work for the foundation the Curries started and handle some of Mr. Currie’s investments.” 

“Very good,” Mr. Gouldin responded.  “Would you please tell us what you were doing the week of the July tenth incident.”

“Yes, sir,” Mark agreed.  “I was attending a conference for work, in the Catskills.”

“How did you get to this conference?” Mr. Gouldin followed.

“I drove,” Mark replied. 

“And did you drive your own vehicle?” Mr. Gouldin continued. 

“No, sir,” Mark answered.  “I had to borrow one of the Currie’s cars, because mine wouldn’t start the morning I was to leave.”

“I see,” Mr. Gouldin stated.  “So, which of their vehicles did you borrow?”

“Mr. Currie let me take the Grand Am,” Mark replied.

Mr. Gouldin let a smile spread across his lips, and then he turned to look at the jury, before he turned to look at the prosecutor’s table.  It was plain to see that Mr. Osgood was not pleased about this surprise.

“And when did you leave and return?”  Mr. Gouldin followed, looking very smug and confident at this point. 

“I left on Sunday, July sixth, and returned on Friday, July eleventh,” Mark stated, confidently.  Mr. Gouldin nodded and grinned again.

“And do you have any way to prove that information is correct?” Mr. Gouldin continued.

“Yes, I have the parking receipt from the resort,” Mark announced. 

“Do you have it with you?” Mr. Gouldin countered.

“Yes, sir.  I do,” Mark assured him, as he pulled some paperwork out of his shirt pocket and began to unfold it.  We had gone home to retrieve those receipts, as he had kept the originals and turned in copies of them for reimbursement from work.

“Would you please show those documents to the court and read the information on it.”  Mark held the papers out for the judge to see, and then he flashed them out toward the D.A, before finally holding them out for the jury.  He then began to read the information.

“These papers give my name, the room number I stayed in at the hotel,” Mark stated, “the year and description of the Grand Am and the license plate number.”

“Does it have any other information, such as dates?” Mr. Gouldin followed

“Yes, sir,” Mark readily agreed.  “It says it’s a parking receipt for July 6 – 11 of this year.”

“Your honor, I’d now like to put this receipt into evidence,” Mr. Gouldin stated, as he took the piece of paper from Mark and handed it to the judge.  The judge looked it over briefly, before he responded.

“So ordered,” he announced.  “This will be entered as defense exhibit A.”  Now, Mr. Gouldin turned back to Mark to ask him one further question.

“So, seeing you had the car during this period of time,” Mr. Gouldin continued, “would you agree there would have been no way Mr. Wood could have seen the Grand Am with the defendants in it on July tenth?”

“That would have been impossible, sir,” Mark replied.  “The car was with me, hundreds of miles away from here.”

“Thank you, Mr. Williams.  I have no further questions for you.”  Mr. Gouldin glanced at the prosecutor, before he turned and winked at us. 

I had been watching the prosecutor during the testimony and could tell he was very flustered by this surprise.  It made his star witness look like an unmitigated liar.  Now, he scrambled to save his case. 

“So, Mr. Williams,” Mr. Osgood began, “would you please tell us again why you had the Currie’s vehicle?”

“Yes, sir.  When I went to leave on Sunday, my car wouldn’t start,” Mark explained, “so Mr. Currie let me borrow the Grand Am, so I wouldn’t miss going.  I left my car with him and he had it repaired while I was gone.” 

Thinking he might have found an opening, Mr. Osgood followed up with his next question.  “What type of vehicle do you normally drive?”

“I have an older Saturn, sir,” Mark explained and Mr. Osgood looked crestfallen, after hearing his response.  I think he was hoping Mark also drove a Grand Am.

“And you are certain of the dates you were gone?” Mr. Osgood asked, hopefully. 

“Absolutely,” Mark stated.  “Besides, they are written on the receipt that was just entered into evidence.”

“So they were,” the D.A. conceded, not knowing where else to go with his questioning.  “I have no further questions for this witness, your honor.”

As Mark left the witness chair, Mr. Gouldin turned and motioned me to come forward. 

To be continued...

Posted: 11/30/12