Testimony


by JP Kraft

"State your name for the record."

"Sergeant Thomas Ryan."

"Sergeant Ryan, tell us of the events leading to the arrest of Jason Tremayne for the murder of Terry Harrison."

*******

"Thank you, Sergeant Ryan. No more questions, Your Honor. Your witness, Mr. Murdock."

"Thank you. Sergeant Ryan, you stated in your earlier testimony that you first saw Jason Tremayne during your initial investigation at the murder scene."

"Yes.

"But that's not true, is it Sergeant? You look puzzled, allow me to refresh your memory by reading back that portion of the transcript.... Ah, here it is. Mr. Tyler: When was the first time you saw the defendant, Jason Tremayne?' You answered, quote, at the murder scene, end quote. Is this correct?"

"Yes."

"You're lying, Sergeant. We both know that the first time you saw Jason Tremayne was at a football practice during your freshman year at Florida State University. Isn't that true?"

"Objection, Your Honor! Whether or not Sergeant Ryan first saw the defendant at the murder scene, or at a forgotten football skirmish fifteen years ago doesn't have any relevancy to this case."

"I beg to differ, Your Honor. It has a great deal of relevancy which I can show the court if you'll allow me to continue."

"Very well, Mr. Murdock, you may proceed. Objection overruled."

"Thank you, Your Honor. Now, Sergeant Ryan, I asked you a question. Please be good enough to answer it."

"The very first time I saw Jason Tremayne was in college."

"How old were you at the time?"

"Eighteen."

"And how old was Mr. Tremayne?"

"I don't know, twenty-one, twenty-two."

"So you were a freshman player. I believe the term is red shirt,' is it not?"

"Yes."

"So you were a red shirt, and Mr. Tremayne was a senior, a star player, if memory serves me correctly."

"Yes."

"Something very unusual happened between you and Mr. Tremayne on that day, didn't it?"

"No. It was just an ordinary practice."

"An ordinary practice? A practice where a senior star player, a player who had already been approached by several professional football teams, gets knocked flat out by an eighteen-year-old kid fresh out of high school. I'd hardly call that an ordinary practice, would you?"

"I knocked him down. We were playing on opposite sides in the practice; that's what I was supposed to do."

"That must have made you feel pretty good. The new kid, taking down the star player. Did it make you feel good, Sergeant?"

"I don't remember."

"You don't remember? If it had been me, a kid trying to make his mark on the football squad, and I knocked down the team's star, I'd remember. Are you sure, you don't recall that day?"

"Okay, maybe. Yeah, yeah I remember."

"Good. Do you also remember how Mr. Tremayne responded to your accomplishment?"

"He didn't like it."

"He didn't like it. That's all? He didn't like it? How do you know he didn't like it? Did he say, Tom, I didn't like what you did, and I'd appreciate it if you wouldn't do that again?'"

"No."

"What did he do? What was his reaction?"

"He was angry."

"Angry. All right, how do you know he was angry?"

"He got into my face, said he'd take care of it later."

"And how did that make you feel?"

"I don't know, upset, I guess."

"Upset? Didn't it bother you that someone older, bigger, and with a lot more connections on the team, said he'd, what were your words? Oh yes, take care of it later'?"

"Yes, I suppose it did."

"And did he...take care of it later?"

"Yes."

"How?"

"A few weeks later, at another practice, he knocked me flat out."

"And that was the end of it?"

"No."

"What happened?"

"A few weeks after that, I was walking back to my dorm room after a party. Tremayne stopped me."

"Stopped you? That's it? He just stopped you on your walk?"

"No. He-he attacked me, punched me, knocked me down."

"He knocked you down. Just once? He knocked you to the ground and walked away?"

"No. He pulled me up and hit me again."

"How many times did he hit you?"

"I don't know."

"Twice, three times?"

"I don't know."

"Four times? Five? Did he hit you five times!?"

"I don't remember!"

"I believe you, Sergeant. Finally, I believe you, because medical records from the FSU student clinic show that you were found, unconscious and beaten, on the sidewalk between your dormitory and the one where the party you attended that night was held.

"The records also show that you said you couldn't remember what happened. That you'd tripped on the sidewalk and fallen. But that was another lie, wasn't it? You knew exactly who attacked you. Why didn't you name your attacker, Sergeant Ryan?"

"I-I don't know. I just didn't."

"I think you do know. You didn't name your attacker because you knew that if you wanted to play football, you'd have to face Jason Tremayne again. And you knew that if you didn't play football, you'd lose the full athletic scholarship that allowed you to attend Florida State. Didn't you?"

"Yes."

"So you kept quiet. You never said a word about what happened, and you played out the year. Jason Tremayne graduated and you became the star player on the team. Tremayne went on to a pro career and you believed that you'd be next to follow him, didn't you?"

"I guess."

"You guess. All right, Sergeant, I'll let that one pass. Tremayne went on to become a professional football player with the Chicago Bears. He achieved money and fame, and later became a successful forensics lawyer. But you didn't. What happened, Sergeant? How did you wind up on the Palm Beach Police Force instead of at the Super Bowl?"

"I got hurt. Tore out my shoulder."

"And that was the end of your dream of playing pro football?"

"Yes."

"I'm sorry, that must have been a very difficult time for you."

"Yes, yes it was."

"Still, you seem to have recovered well. You're in excellent physical shape, as evidenced by your attack on Mr. Tremayne at the air strip."

"I didn't attack him. He resisted arrest."

"Really? Were there any witnesses to see your alleged arrest attempt."

"My partner was with me."

"Your partner, Sergeant St. John, testified earlier that she dropped you off at Mr. Tremayne's airplane and immediately left you to pursue Mr. Benton in his car. She was not present when you confronted my client. By the time Sergeant St. John returned to you, Mr. Tremayne was unconscious on the tarmac and you were standing over him. Isn't that right?"

"Yes. He attacked me"

"So you say, Sergeant."

"Yes, I say."

"Still, you seem to have recovered well. You're in excellent physical shape, as evidenced by your attack on Mr. Tremayne at the air strip."

"I didn't attack him. He resisted arrest."

"Really? Were there any witnesses to see your alleged arrest attempt."

"My partner was with me."

"Your partner, Sergeant St. John, testified earlier that she dropped you off at Mr. Tremayne's airplane and immediately left you to pursue Mr. Benton in his car. She was not present when you confronted my client. By the time Sergeant St. John returned to you, Mr. Tremayne was unconscious on the tarmac and you were standing over him. Isn't that right?"

"Yes. He attacked me"

"So you say, Sergeant."

"Yes, I say."

"Well this trial isn't about your word, Sergeant. This trial is about facts, proof, solid evidence, and I haven't seen any so far."

"All the evidence points to Jason Tremayne as Mr. Harrisons killer."

"What evidence, Sergeant?"

"The witnesses-"

"What witnesses? The Bentons? Their testimony was speculative at best, just as much as yours."

"Jason Tremayne lied about not seeing Roy Benton before the murder. He was living in Benton's house at the time."

"How do you know he lied, Sergeant?"

"My partner told me that when she had dinner with Tremayne he said he was unaware that Roy Benton was living in Palm beach."

"That's right, Sergeant, your partner, Cassandra St. John, a very attractive woman, I might add, had a dinner date with Mr. Tremayne."

"It wasn't a date. They met in a restaurant."

"How do you know that, Sergeant Ryan."

"Sergeant St. John told me the next day."

"Yes, she told you about her dinner with Jason Tremayne and you flew into a rage."

"No."

"No? You didn't argue with her about her date? You didn't, and I quote several witnesses here, Sergeant, say that you "didn't give a rat's ass" about who she was dating? Do you deny saying that Sergeant?"

"Objection, Your Honor! There's no point in this."

"Your Honor, please, allow me to continue and I'll show you exactly what my point is."

"Very well, Mr. Murdock, I'll give you a little more time. But get to your point soon, or the next time Mr. Taylor objects, I'll allow his objection. You're over ruled this time, Mr. Taylor."

"Thank you, Your Honor. Now, Sergeant Ryan, I believe I'd just asked you a question: Do you deny arguing with your partner about her dinner date with my client."

"No."

"What's your relationship with your partner?"

"I don't understand."

"Let me rephrase, then. Sergeant St. John is a very attractive woman. You two work very closely together. Are you lovers?"

"No."

"But you were."

"That was a long time ago."

"Perhaps, but the fact remains that you and Sergeant St. John were lovers. In fact, you were more than just lovers, you were husband and wife, isn't that true?"

"Yes."

"But the marriage didn't last very long, did it?"

"No."

"So, just to make certain I have the chronology straight, you and Sergeant St. John were partners for a few years, then you became lovers, and then you married. Is this correct so far?"

"Yes."

"But the marriage didn't last and neither did the partnership. Why is that?"

"The department forbids married couples from working together."

"I see. So the breakup of your police partnership wasn't your idea."

"No."

"So, your marriage broke up, and your partnership had already been dissolved, so then how did you come to be working together on this case?"

"Our Captain reassigned us as partners about a year ago."

"And since that time, your relationship has been strictly professional?"

"Yes."

"You've never made any sexual advances toward Sergeant St. John during that time? Or she to you?.... You seem to be having trouble answering my question, Sergeant. Never mind, you don't have to. Let's get back to Mr. Tremayne, after all, that is why we're all here today.

"Several of your colleagues at the police station have stated that you were very angry with Sergeant St. John after she told you about her dinner with Jason Tremayne. Is this true?"

"I was angry, but not-"

"Just answer my question, Sergeant, yes or no."

"Yes."

"You were angry because Jason Tremayne, a man you've hated since you were eighteen years old, made a pass a the woman you want."

"No."

"The woman you still consider yours!"

"No."

"You were so angry that my client, your bitter rival, made a pass at your ex-wife, that you trumped up this murder charge as an excuse to get Jason Tremayne out of your life once and for all!"

"No!"

"Objection, Your Honor! Mr. Murdock is badgering the witness! Sergeant Ryan isn't on trial here!"

"Sustained. I warned you, Mr. Murdock."

"I'm sorry, Your Honor.... Let's get back to the events at the air strip, Sergeant. You said that Mr. Tremayne resisted arrest."

"Yes."

"That he struck the first blow."

"Yes."

"Sergeant Ryan, Sergeant St, John said that by the time she had turned around after detaining Roy Benton, she saw you strike Mr. Tremayne repeatedly, and finally knock him to the ground where he lay unconscious for a period of several minutes. Is this true?"

"I don't know what Sergeant St, John saw."

"All right, let me rephrase that. When Sergeant St. John joined you at my client's airplane, Mr. Tremayne was already unconscious on the ground. Is this true?"

"Yes."

"Sergeant, if you were going to arrest my client for the alleged murder of Terry Harrison, why didn't you have your gun drawn? Isn't that standard procedure for approaching a dangerous felon?"

"I had my gun."

"Yes, no one denies that you had your gun, but it remained in your holster. It remained there because you wanted to fight Jason Tremayne. You wanted him to attack you so that you could add one more false accusation to all the others."

"No, that's not true, he-"

"You wanted an excuse to beat him senseless just like he did to you all those years ago. You wanted revenge, Sergeant!"

"No!"

"Revenge against a man who humiliated you when you were a boy and continued to humiliate you to this day!"

"No!"

"This trial isn't about finding a killer. This trial is about getting even!"

"No!"

"Then where's your proof, Sergeant Ryan? Where's the incontestable, irrefutable evidence that my client is guilty? You can't answer that, can you? Because you know as well as I do that all of your so-called evidence is hearsay. You don't have one piece of real proof that my client is the man who committed this crime.

"We're all here today because you hate Jason Tremanyne. We're all here today because you wanted revenge for what he allegedly did to you all those years ago. We're all here today because you've nursed a grudge for fifteen years and you finally saw your chance to get even with a man you hate! A man you hate because he has everything that you don't. Everything that you were supposed to have. Isn't that the truth, Sergeant?!

"Never mind, don't bother answering that. No more questions, your honor."

*******

"Tom."

"Not now, Cass."

"I'm sorry."

"For what? Because I fucked up and now Tremayne's gonna walk?"

"You didn't fuck up. You played it by the book."

"Yeah, and where did that get me? A killer's going free and I.A. wants my ass."

"You know they won't find anything. You'll be cleared."

"Somehow, that just doesn't matter much any more."

"It does to me."

"Why? Why Cassy? Why do you care when I don't?"

"Because I can't let that bastard win. And that's what'll happen if you give in to this. You're the best damn cop I know, Tom Ryan. You're the only damn cop I trust. And if you let Tremayne beat you now, then we all lose. Everyone you've helped over the years, all the killers you put away, all of it gone to hell because of a slimeball like Jason Tremayne? You can't let that happen, Tom."

"So how do I stop it?"

"You go on. Yes, Tremayne will probably walk. He's a sports hero, he's rich, he's charming, and he's got the best defense team that money can buy. But that won't change anything. He's guilty. We know it. The Bentons know it. And he knows it, too. Sooner or later, every evil thing that Tremayne's done is gonna catch up with him. And then he's going to be the one who's afraid."

"Yeah. I guess you're right. Thanks, Cass."

"Of course I'm right. I'm the smart one."

"Oh yeah? If you're so smart, how come you divorced me?"

"Don't go there, Ryan, don't go there."

The end

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