Chapter 63
The next day, Beau Lee and Alvarez entered the courtroom feeling somewhat confident.
Alvarez’s research was spot-on, and she helped craft compelling arguments that would get the judge to rule in their favor.
Beau Lee provided a copy of the affidavit to the State and was ready to ask the judge to enter it into evidence.
DaSilva chuckled and wished him luck when Beau Lee handed him the affidavit, going so far as to say, “You’ll need it.
It’s hearsay and the judge will never let it in. ” He was absolutely right.
Judge Lambert, seemingly less rigid today, entered the courtroom.
She asked the attorneys whether any business needed to come before the court in light of yesterday’s news before the jury was brought in.
Attorney Dillard said that the State was ready to proceed, then turned to Beau Lee with a slight grin.
Beau Lee began. “Yes, Judge, due to the untimely death of Officer Rory Caruthers, we would ask the court to admit an affidavit that was prepared and signed by Officer Caruthers into evidence. He was prepared to testify to the facts herein.”
Before he could finish, DaSilva interrupted and said, “Objection, Your Honor, the affidavit is hearsay.”
“If I may, Your Honor,” Beau Lee said.
The judge used a tone that Beau Lee didn’t recognize. “You may. Go ahead, Mr. Cooper.”
“This affidavit by Officer Rory Caruthers was signed and properly notarized. We promptly filed it in accordance with the court’s pretrial deadlines as it was intended to be used with Officer Caruthers’s testimony.
The affidavit addresses facts that are relevant to Mr. Montrose’s defense.
In Officer Caruthers’s absence, the affidavit provides direct evidence that contradicts testimony proffered by the State.
As a former police officer, his testimony would have been credible as he was present at the scene of the incident in question. ”
“Mr. DaSilva? Ms. Dillard?” The judge turned to hear the State’s argument.
Dillard spoke up. “Thank you, Judge. This is Rules of Evidence 101, and Mr. Cooper knows it. Officer Caruthers’s affidavit is an out-of-court statement being offered to prove the truth of the matter asserted, which we all know to be textbook hearsay.
Further, there is no exception that applies.
For that reason, we ask that the court deny Mr. Cooper’s request.”
“Attorney Alvarez, do you have case law to present to the court?” Lambert said.
Alvarez stepped forward and presented additional arguments.
“Judge, actually, we believe the affidavit would qualify as a dying declaration and opposing party admission, and that it should be substituted for Officer Caruthers’s live testimony because of his untimely death and curious circumstances surrounding it. ”
“Objection, Judge! What are they insinuating?” DaSilva said.
In a surprising move, the judge told DaSilva to take his seat and allow Beau Lee and Alvarez to finish making their argument. Lambert began reviewing the case law as Alvarez returned to counsel’s table.
Beau Lee continued. “Judge, we believe Officer Caruthers was afraid for his life. He decided to split from his fellow police officers on what happened that night. We know this to be true because he left town and was initially unwilling to meet with us. While this may be only circumstantial evidence, it indicated his fear about coming forward. However, his conscience wouldn’t allow him to continue living in hiding.
He had to tell the truth. So, he reached out to us and set up the meeting.
Further, the affidavit is directly related to what happened during Hollis Montrose’s arrest. Officer Caruthers was under extreme emotional distress, and he made his statement voluntarily, even though he knew he’d be contradicting the stories of his fellow officers.
Finally, as Officer Caruthers is conveniently no longer alive to testify for the defense, we feel even more strongly in the validity of his testimony through this affidavit. ”
DaSilva stood up in anticipation of arguing against every one of Beau Lee’s points. There was no way he could allow the affidavit in. Beau Lee could tell he was sweating this morning. For the first time since the trial began, Judge Lambert was engaged with him, and her tone seemed more amenable.
“Thank you, Mr. Cooper. That’s enough, Mr. DaSilva.
Please sit down. I’m ready to make my ruling.
Mr. Cooper, you are absolutely right that the untimely death of Officer Rory Caruthers is suspicious.
I look forward to learning about the facts uncovered in the investigation of his death.
These are situations that are troubling to the court and cast doubt upon the testimony of his fellow officers. ”
Beau Lee tried not to break eye contact with the judge while thinking to himself that she might actually rule in his favor. He didn’t look at DaSilva but could feel him seething.
“With that said,” the judge continued, “Officer Rory’s affidavit is textbook hearsay, plain and simple. There’s no way I can allow the affidavit into evidence. Bailiff, we are ready for the jury.”
Stunned by the judge’s words, Beau Lee returned to counsel’s table with Alvarez.
He knew Lambert was going to rule in the State’s favor.
The case couldn’t be going any worse. But he needed to shake himself out of his pity party.
When he heard the bailiff once again call for all to rise, Beau Lee knew he now had to do the one thing he’d hoped he wouldn’t have to.