Torn [J.Barber]

[13] DAY 2

"My heart was kind of pounding then, because he wasn't answering me." The woman at the witness stand explains. It was now day two, and May was sat exactly where she sat yesterday, in between her parents.

"Still, I couldn't see how he looked until I got close." She adds. "And did you call for help?" Neal questions. She nods. "I remember crawling backwards up the slope, dialing 911." She states.

"Thank you, Mrs. Gianetto." Neal nods, then takes a seat. "Ms. Klein." Judge French calls. The woman shakes her head. "No questions, Your Honor."

The next witness was an older man, sitting in Mrs. Gianetto's place. After Neal asks him a question, he raises his eyebrows.

"The dog park, yes." He nods. "What time was this?" Neal inquires. "Around 8:00 a.m. Like I said, it sounded like a boy's voice I heard. He said, 'Stop. You're hurting me.'" He explains.

"Stop, you're hurting me." Neal repeats. "Could you tell what direction the boy's voice came from?" Neal asks. "West, I think." He shrugs.

The next witness was the detective in charge of Ben's case. Once he's up on the stand, Neal asks his questions. "Detective, is it standard procedure for an assistant district attorney to direct a homocide investigation?"

"Yes." He confirms. "And who was the assistant DA assigned to the case that day?"

"Objection. Relevance." Joanna calls out. Neal scoffs. "See counsel at sidebar." Judge French instructs.

The two make their way forward, speaking inaudibly while the rest of the court awaits. "Witness will answer the question." Judge French states.

"Andrew Barber was in charge." The man responds. "And did you find it strange that Mr. Barber was handling a case that involved his own son's classmate?" Neal cocks an eyebrows.

As always, May noticed her father had been holding an angry glare on his face, while her mother looked sad and worried. May thought it was weird how her own father could manage to frighten her at times.

With a sigh, she continues to listen in. "Not really, no." The detective shakes his head. "And once his son was charged with the murder? Any concerns?"

"I wasn't happy about it." He answers. "Detective, have you ever heard of a prosecutor being involved in the investigation into his own child?" Neil adds.

"Objection." Joanna comments. "Sustained. You've made your point, counselor. Let's move along." The judge nods.

"No further questions, Your Honor." Neal says, taking a seat. "Ms. Klein." Judge French motions for her to come forth.

She stands up. "Detective Peterson, you were among the first at the crime scene." She begins loudly. "Was there a murder weapon found that day?"

"No ma'am." He denies. "Besides a single fingerprint found on the victim's sweatshirt, was there any evidence recovered that day?" She adds.

"No." He repeats. "And of course, the fingerprint wasn't identified until later. Yes?" She checks.

"Yes. Correct." He clarifies. "So is it fair to say that at the beginning of the investigation, neither you nor Mr. Barber had any obvious suspects?" She raises her eyebrows.

"We did not."

"And was the defendant the first suspect to emerge?"

"No. We initially just—"

"Objection. Relevance?" Neal questions. "Overruled." Judge French says, allowing the detective to continue.

"We initially pursued a suspect named Leonard Patz. He had a record for indecent assault and battery on kids, things like that." The man explains.

"So a registered sex offender, and that's what made him a person of interest?"

"That, and her lived near the park." Detective Peterson tells. "He didn't just live near the park. He was known to walk in the park most mornings. Isn't that true?" She corrects.

"Objection. Leading the witness." Neal chimes in. "Overruled." Judge French says again, causing Mr. Rifkin to evidently sigh beside May.

"Yes. In fact, he admits to being in the park that same morning." He nods. "No more questions. Thank you." Joanna smiles, taking her seat, only for Neal to stand up next.

"Detective, whose idea was it to pursue the investigation into Leonard Patz?" He questions. "Andy Barber brought it to my attention." He admits.

"Andy Barber. I see. And Mr. Patz was then cleared when Mr. Barber's own son was charged with the crime." Neal adds.

"Yes." The detective responds hesitantly after a long pause. "No further questions, Your Honor." Neal sits down.

"Your Honor, we'd likely recross." Joanna calls. "Go ahead." He nods. She walks towards the detective.

"Detective, when Mr. Loguidice asked if you had cleared Leonard Patz, were you certain of his innocence?" She inquires.

"Certain? No.

"Did you agree with Mr. Barber's decision to investigate Leonard Patz?"

"Yes. Absolutely."

"What about other decisions Andy Barber made. Any concerns at all?"

"None I can think of. He's the best they got." He reminds. "The best they used to have anyway."

"Thank you, Detective. No further questions." Joanna grins.

"Commonwealth, you prepared to call your next witness?" Judge French looks to Neal.

"Yes, Your Honor."