LITMIR.BIZ

      7

      ‘State your name and position for the record, please.’ Although she couldn’t scream at him, Daria shot Manny a look that would freeze water.

      He grinned back at her. ‘Manuel Alvarez, City of Miami Homicide.’

      ‘How long have you been so employed?’

      Manny pulled thoughtfully on his oversized mustache. ‘Let’s see, I’ve been a cop since eighty-nine, and in Homicide since ninety-two, so altogether I’ve been doing this for twenty-three years, State.’ He smiled again.

      She glared at her notes.

      And so began the direct examination of Manny Alvarez.

      To hold someone without bond, the state had to present enough of a case to show that ‘proof was evident and presumption was great’ that a crime was committed and the defendant was the one who’d committed it — a higher standard of proof than even ‘beyond a reasonable doubt’, which was what she was going to need for a conviction. But the rules of evidence were much more relaxed at an Arthur than they were at trial and hearsay was admissible, so that the only witness you usually needed to testify was your lead detective or arresting officer. The more experienced the detective the better, because, like a movie trailer that gives you the gist of what a movie’s about in a seriously condensed, really exciting version, you needed to tell just enough of your story at an Arthur to keep your defendant behind bars without giving away the entire investigation. Plus, the more times someone told a detailed story, the more times he or she was bound to tell it with different details, and even the most innocent of misstatements could and would be used later on to poke holes in the state’s case or impeach a witness’s credibility. What you definitely didn’t want was an unproven detective, or one who ran at the mouth, providing the defense with a sworn transcript full of ammunition. With all those years of experience, Manny didn’t need his hand held; when she asked a question he ran with the ball and made the shot. Normally she’d be thrilled to have such a stellar witness. Today his competence only irritated her all the more.

      She’d led him smoothly through his credentials and then up through the initial investigation when Holly’s body was first found in the dumpster. The bumps started right after she asked him to describe the condition of the body.

      ‘She was buried in garbage, wearing nothing but a pair of black panties,’ Manny answered, without needing to refer to his notes. ‘She’d sustained visible traumatic injuries to her face, feet and neck. I also saw nasty bind marks on her wrists and ankles, indicating she’d been tied up for a period before she was murdered.’

      Joe Varlack sprang to his feet. ‘Objection! Speculation!’

      ‘An autopsy was performed by Dr Gunther Trauss of the Miami-Dade ME’s office,’ Manny continued, basically ignoring Varlack.

      ‘There’s an objection pending,’ barked the defense attorney. ‘I guess the detective didn’t hear me.’

      ‘Your Honor,’ Daria responded, ‘Detective Alvarez has been investigating murders for eighteen years. We can assume that he knows rope burns on someone’s wrists when he sees them. We’re getting to the autopsy, which will confirm the detective’s observations.’

      Steyn nodded. ‘Go on.’

      She held up the autopsy report. ‘What was Dr Trauss’s determination as to the cause of death?’

      ‘Manuel asphyxiation. She was choked to death with bare hands. She had finger marks on her throat, bruising, and a crushed larynx.’ Manny looked over at the defense table and smiled smugly. ‘I observed that, too.’

      ‘And the bind marks on her wrists?’

      ‘Dr Trauss determined that she was tied up with rope and tortured prior to her death.’

      ‘Objection,’ interrupted Varlack again. ‘Not only is this hearsay, but it calls for speculation, both on the part of the detective and the pathologist.’

      Daria sighed heavily so that everyone in the courtroom could hear. Patience was not her strong suit. She was gonna hit stop-and-go traffic the whole way home. Either Varlack was trying to fluster her by making loud, dumb objections or he was an idiot. ‘This is not trial, Counsel,’ she shot back sharply. ‘It’s a bond hearing and the last time I checked, hearsay is admissible. Judge, the ME’s report extensively details Ms Skole’s injuries — the victim was most definitely tortured before she was murdered. And as much as Counsel might not like that word or want to hear it, torture goes to show premeditation, which is an element of first-degree murder, which is the crime his client has been charged with. If Mr Varlack wants to second-guess the findings of the Medical Examiner, let him do so at his deposition or at trial or in a written motion, but once again, this is a bond hearing. Now, can I get on with my case, or are we gonna bicker all afternoon about how to conduct an Arthur Hearing way down here in the bowels of Miami? Because I thought Mr Varlack had a pressing appointment back home with one of his degenerate high-profile clients in Palm Beach.’

      Justice Joe looked taken aback, followed by embarrassed and then, finally, really, really angry — all in a spate of thirty seconds. The shiny part of his head turned red. It was war. And just like that, Daria had eliminated yet another law firm to float out a résumé to in the event she ever did decide to go into private practice. She had to stop doing that. With a pile of law school loans to still pay back, a $44,000 career as a prosecutor wasn’t supposed to last forever.

      ‘You don’t need to worry yourself about my schedule, Counsel,’ Varlack hissed.

      She shrugged. ‘Take a look at the law on a subject before you start making objections, is all I’m saying. It will make this go faster for all of us.’

      ‘Enough,’ Steyn cautioned, obviously flustered. ‘Both of you, take your corners. Continue, Ms DeBianchi.’

      Daria turned her attention to Manny. ‘If you would, please describe Holly Skole’s injuries.’

      ‘She had a traumatic burn mark on the back of her neck and severe chemical burns on the soles of her feet and on her face, most likely caused by sulfuric acid,’ Manny answered.

      Those who had actually been listening in the courtroom collectively gasped. And that made all the others who were still whisper-chatting amongst themselves or reading files or secretly checking and sending texts stop and listen. The courtroom went completely quiet.

      ‘She’d been both vaginally and anally raped,’ continued Manny. ‘Toxicology reports indicate that she’d also been injected with, or force-fed, large amounts of diphenhydramine and dextromethorphan, the chemical compounds found in cough syrup and sleep aids that produce hallucinations in high enough doses. Her wrists were abraded where she’d been bound with rope, and she had cuts on her gums, indicating she’d been perhaps fitted with a bit, like a horse — all indications of sadomasochistic behavior.’ Manny turned and gave the defense counsel a steely look before finishing with his next sentence: ‘Yet another clue she’d been tortured before she was murdered.’

      Varlack snorted loudly but said nothing. The spanking had worked.

      Daria hid her smile and the ice began to thaw. ‘What caused you to believe that Mr Lunders was responsible for Holly’s death?’

      ‘On Monday, April eighteenth, Holly’s roommate, Jenny Demchar, reported Holly missing to Coral Gables police. Holly had gone out two nights earlier to the Miami nightclub Menace to celebrate a friend’s birthday, but didn’t come home. When she didn’t show up for class, Ms Demchar and Holly’s other friend, Esther Flicker — the girl whose

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