William Breitling smiled with a full set of veneers, and Hoffman felt the ice melt in the jury box.
“Here’s what happened on the evening of September fourteenth,” Hoffman said. “Dr. Martin had just come home from the hospital. She had successfully repaired a man’s heart that day and she was satisfied that her patient was going to recover completely.
“She said hello to each of her children, then went down the hall to her home office to call the patient’s wife.
“Dr. Martin had removed her glasses so she could rub her eyes and was about to make the call when she heard what sounded like shots coming from the foyer.
“The shots startled her and she knocked her glasses to the floor. This is one of those important points I mentioned.”
Hoffman walked the length of the jury box, touching the rail now and then for emphasis. The jurors followed him with their eyes as he described how his client had found her husband lying on the floor, saw the blood, and, after checking, discovered that Dennis Martin had no vital signs.
“When she looked up, she saw someone, an intruder, who was in the shadows of the foyer. Dr. Martin couldn’t make out the intruder’s face and she was terrified. She shouted in surprise, and the intruder dropped his gun and ran. My client picked the gun up and ran after him, through the front door and out onto the front steps.
“Dr. Martin had never fired a gun before, but she let off a couple of shots into the air. She hit nothing. That is how she got gunshot residue on her hands.
“Immediately after firing those shots, Dr. Martin went back into her house and called the police. That is the act of an innocent person,” Hoffman said.
“The prosecution says that Dennis Martin was a philandering rat but that being a rat isn’t a crime punishable by death. Well, that’s true. And Dr. Martin knew it. She also knew that her marriage was going through a bad spell. She, too, was having an affair.
“She wasn’t jealous. She figured the marriage would right itself in due course or it would end. She was prepared for either outcome.
“Candace Martin is a modern and successful woman. She isn’t a Pollyanna and she isn’t the Orange Blossom princess, but she is a highly respected cardiac surgeon and a marvelous mother, and she also loved her husband.”
Hoffman turned toward his client.
“I want you to look at her now,” he said to the jurors, “and see her for what she is: the victim of an overworked police department that took the easy solution — blame the spouse. And she’s being tried by an overzealous prosecutor who, for her own reasons, needs to score a big win.”
Chapter 19
YUKI FELT PHIL HOFFMAN’S smash return right between her eyes. Holy crap. Hoffman’s shot at her was outrageous and maybe even defamatory. She had a flash fantasy of making an objection: “Your Honor, opposing counsel is freaking desperate and should be thrown out of the court.”
Nick Gaines, Yuki’s second chair and wingman, pushed a notepad toward her.0784 He was a gifted cartoonist and in a few strokes had captured a lanky Phil Hoffman grabbing at his throat and a stick-figure Yuki with a slingshot and a title: “Underdog.”
Yuki pushed the pad back to Gaines. She got his point. The jury would like her more as a result of Hoffman’s low blow. She would overcome the slam. As for now she reminded herself, “Never let ’em see you sweat.”
She stood and said, “Your Honor, will you please remind the jury that opening statements are not evidence?”
“Consider it done, Ms. Castellano,” LaVan said with a sigh.
Yuki’s first witness was the uniformed patrolman who answered the radio call to the Martins’ house. Officer Patrick Lawrence testified that he was only blocks away and had arrived with his partner within a minute of the call. He said that he had interviewed Dr. Martin and kept her company as the EMS arrived and until Inspector Chi of Homicide and Lieutenant Clapper of the Crime Scene Unit took possession of the scene.
Yuki established that Dr. Martin seemed in control of her emotions and that because of Officer Lawrence’s quick arrival, Candace Martin hadn’t had a chance to wash her hands or clean up the crime scene.
After Officer Lawrence left the stand, Yuki called private investigator Joseph Podesta, and he was sworn in. Podesta was a neat and pleasant-looking man in his fifties who had been hired by Dennis Martin to snoop on his wife.
Yuki questioned Podesta on his credentials, and he told the jury that he had been an investigator for the district attorney in Sacramento for twelve years and a private investigator, first in Chicago and currently in San Francisco, for a combined twenty years.
“Why did Dennis Martin hire you, Mr. Podesta?” Yuki asked.
“Mr. Martin knew that his wife was having an affair and he wanted pictures of them, uh, in flagrante delicto.”
“Did you get pictures of the defendant with her lover?”
“Yes, I did.”
“Did you learn anything else during the time she was the subject of your investigation?” Yuki asked.
“Yes.”