Chapter Four

Stephen

My heart was heavy for my wife. She looked as if someone had ripped her heart out.

I pulled her close and held her. I could feel her occasional sobs, which made me hold her even tighter.

“Baby, it will be okay, I promise. He just needs some time to understand everything we just told him,” I said.

“I know, I just hate that I was the one that hurt him,” Trinity replied.

“I hate to say it, but I know how you feel,” I said.

“How? You couldn't,” she said.

“Baby, I can. I did that to you.”

It still hurts to admit it, but a few years ago, I put her in this exact same situation. I know exactly how she feels.

“Come on, let's head back out. Benji wants to talk to us.”

We walked back out to the patio where Clint and Mia, Dave and Felicity, and Benji and Maddie were all sitting. The kids were in the backyard with Willie, chasing poor Gerrard around while he tried to find a place to hide from them. Jay was still fast asleep in his pram, thankfully one less thing to deal with.

We all settled down and took a moment to enjoy the quiet. The one thing I hate about the holding cells at the watch house is the noise. It's never quiet.

If it's not someone screaming, there are doors banging, phones ringing, lights going on and off, water dripping from some pipe somewhere that you can't find to shut it up. Then there are the screws coming and banging on the doors when they want you.

“So, do you guys want an update now or do you want to do this tomorrow? I just figured with everyone here now we may as well get on the same page,” Benji asked.

“Actually, you got to see their brief and the charge sheets so I would be interested to see what you thought of their case against us,” I said.

“Okay, well the best way to explain it is there are several different types of evidence that can be used in a criminal trial, a variety of rules that govern evidence so to speak,” Benji explained.

“How so?” Trinity asked.

“Okay, so there can be circumstantial evidence, corroborating evidence, hearsay, and the exclusionary rule,” Benji said.

“I understand all, except what is exclusionary?” Mia asked.

“This rule of evidence applies to that which was obtained in violation of any constitutional rights you have. Seizing property without a warrant is a good example of it,” Benji explained.

“So, like for example, if they went through our phones while they were holding us,” Mia said.

“Correct. Even though you surrendered your belongings at the point of arrest, it still does not give them permission to search it without first obtaining a warrant,” Benji said.

“So, after reading their brief, what are your thoughts?” Clint asked.

“They have some good technical backup. They have managed to obtain footage to prove the last people that saw Mike at the property was one of you four. They have concluded his body did not leave your shed based on this. So, if they do issue a warrant, is this going to be a problem?” Benji asked.

“None whatsoever,” I said.

“Pleased to hear that, as the way I was interpreting their brief, they seem to think they are going to find a body in there,” Benji said.

“Why?” Clint asked.

“The satellite and CCTV movement they have managed to piece together shows the four of you down there with Mike, the four of you leave, but he does not,” Benji explained.

“Off the top of my head—and you will have to excuse my lack of memory as it has been a while—but I could have sworn Chad and Mike went out later that night, maybe a couple of hours after we left him in the shed,” I said.

“I am pleased to hear you say that, as that is what I saw. There is a truck that leaves later and there appears to be two occupants although the images are not conclusive on who they are,” Benji said.

“Logically though? I mean if they know the four of us had left already, who else could it be?” Trinity asked.

“The police and logic don't often go together well, hun,” Benji said.

“Especially when they already have an agenda,” Dave added.

“Either way, to me it all reads as hearsay evidence. However, following on from what happened the other night, they are now trying to argue, that in the absence of a body, and Chad's outburst, that his admission could strengthen their case for corroborating evidence,” Benji said.

“How does that corroborate anything though?” Trinity asked.

“They are effectively saying his outburst strengthens another piece of evidence they have, even if it isn't directly related to the crime in questions. So, in this case, the example is they have a missing officer, which they believe is dead. Chad, they are saying, through his emotional outburst, provided evidence they were seeking that Mike was in fact dead,” Benji explained.

“Because he is completely reliable,” Dave said sarcastically.

“Which is where I will argue it under hearsay. Hearsay is not admissible in court unless a statute or rule provides otherwise. Therefore, even if a statement is really hearsay, it may still be admissible if they can find an exception that applies,” Benji said.

“And did they?” I asked.

“They did. They have tried implying it is acceptable under excited utterance. The requirements for this are quite simple, in that there must have been a startling event and the declarant made the statement while under the excitement or stress of the event,” Benji explained.

“It is widely believed, particularly by body language experts, that in a heightened state of exuberance, a person has less capacity to be deceitful as they are not thinking before rationally acting,” Benji continued.

“Though I will argue that there was no excitement as the three of you already knew what you were on your way to do that night and the police were also in cooperation on that,” Benji said.

“Failing that, then I will argue it under the catchall rule which implies that the hearsay provided must be from a credible person that has sound guarantees of trustworthiness, is offered to help prove a material fact, is more probative than other equivalent and reasonably obtainable evidence, its admission would forward the cause of justice and other parties have been notified that it will be offered into evidence,” Benji said.

“And how does that help us?” Trinity asked.

“No way on this earth would they be able to pass off Chad as a reliable person,” Benji said.

“Actually, I have an idea,” Trinity said.

“Oooo, here she goes again and she didn't even plug into her brain source this time,” Clint teased.

“HAHAHAHA,” I laughed.

“Oh my!! Clint, hahahaha,” Mia joined in.

“What am I missing here?” Benji asked.

“Don't say it, Clint!” Trinity warned.

I leaned over and whispered to Benji before he also burst out laughing.

“That is great!” Benji exclaimed.

“Stephen! Did you really have to do that?” Trinity asked.

“Don't worry, doll, it is where I get my best thinking done too,” Benji said, winking at her. I punched him in the arm.

“What the hell, man?” Benji exclaimed.

Stephen’s voice cuts through the chatter, “That’s my wife, asshole. And Maddie’s right there, wondering what the hell you’re talking about.”

Benji leans over to Maddie, whispering something in her ear. I’m guessing he’s repeating what I just told him.

Maddie shrugs it off, “Oh, don’t worry about it, babe. He does this all the fucking time. He’ll be in the middle of something and suddenly start spouting off about no contest pleas or jury instructions. I just look at him like he’s lost his mind.”

Trinity bursts into laughter, “Hahaha!”

Benji turns back to the conversation, “Anyway, what’s this idea?”

Trinity jumps in, “Well, while they’re going on about excited utterances or whatever you called it...”

“Yeah, basically that,” Benji agrees.

Trinity continues, “Why don’t we connect the do—”

Benji finishes her thought, “Connect the dots for them! Chad was the last person with Mike to leave the shed! His character would already be in quest—”

“Question,” Trinity corrects, “and we have proof he was working with crooked cops fro—”

“From the recording during the sting,” Benji adds, “so we can use Chad, along with Peters and Grounds, to provide reasonable doubt.”

Trinity nods, “Who had more to lose?”

Benji groans, “Ugh! I swear to God, Stephen, I’m going to steal your wife one day.”

Maddie raises an eyebrow, “Is that so?”

Stephen laughs, “Hahaha!”

Benji clarifies, “Not in that way, baby. I just want to steal her brain.”

Trinity rolls her eyes, “Get your own, Benji. The boys all say what a genius you are.”

Clint chuckles, “Hahaha!”

Benji grins, “Watch and learn, young Jedi. We’re just getting started.”