Stories Of London

When Mr. Mason walked into the Court Room, his eyes moved over the Members of the Gallery in order to see if a certain person was present.

And there in the second row on the left side of the Gallery sat an older lady. This member of the public always seemed to be present whenever Mr. Mason presented a case. He had asked Mr. Drake if he and his operatives could find out who she was. However, they have never been successful in answering this question.

Mr. Mason nodded to the lady as he passed by and she offered him a slight smile in return.

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When one of the Bailiffs requested that everyone stand, the Judge came through her door and sat down behind the bench.

The Judge

Mr. Burger then stated that he was the Prosecutor and his co-Counsel introduced herself. Then for the Defence, Counsel introduced herself followed by Mr. Mason. The Judge welcomed them each in turn and then asked Mr. Burger if he was ready to present The Case for the Prosecution. He said that they were and was then asked to offer their Opening Argument.

Mr. Burger was especially eloquent in his presentation and proceeded to paint a very dark reflection of the case and of Casanova/Puppy. He said that the committed crime was a heinous one and could only be punished sentencing the culprit to the maximum period allowed by the Court. He then turned his attention to Casanova/Puppy and introduced him to the jury as a villainous creature who had committed a number of crimes throughout his life who had managed to elude being brought to justice through guile, cunningness and slippery behaviour. Strong words and a damning introduction worthy of any of the most wicked villains of history. Mr. Burger continued by saying that the Prosecution will present an airtight case demonstrating evidence that will prove irrefutable and allow the jury to find him guilty on all charges!

Mr. Burger seated back at the Prosecution Table

Counsel had to admit that Mr. Burger’s words had a strong effect on her and would certainly have effected the jury. She turned slightly to look at Casanova/Puppy who seemed unperturbed by Mr. Burger’s words and was on the verge of trying to stifle a yawn. She wondered if that innocent looking creature was in fact a cunning and slippery customer after all. But when he turned to look at her, such thoughts evaporated and she knew that Mr. Burger was mistaken in his assessment.

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Once Mr. Burger sat down, the Judge called upon the Defence to present their Opening Argument. Counsel rose, a little shaken, and turned to speak to the members of the Jury. She quickly regained her composure and said that she would like to tell the jurors a story.

Counsel said that as a child, she and her father who had been a lawyer were in the habits for taking long walks. She recalled that when she was about ten-years old, he related one of his cases to her. She remembered that on one occasion he related a crime that she found so heinous, so terrible, that when he father asked her if she thought the person guilty or not guilty, she immediately replied guilty and that he should be sent to prison and never allowed to be free again! She said that he father stopped walking and turned to her and looked at her directly in the eyes and said that one could not honestly render a verdict until one was in full command of the events of the crime. Counsel then moved towards the jury and when she stopped, she said to the members that she felt certain that they would not behave like that ten-year old girl, but would wait to make their decision as to guilt or innocence of the person in the dock until all of the facts were made known to them. With this she returned to the Defendant’s Table and sat down.

Mr. Mason, Counsel & Miss Street at the Defendant’s Table

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The Judge then invited the Prosecution to call its first witness. Mr. Burger thanked the Judge and called for Officer Pete Malloy where upon he entered the Court. After stepping into the Witness Box, he took the oath to tell the truth and then offered his name and rank.

Police Officer II Pete Malloy

Officer Malloy and his partner, Officer Jim Read, were the officers called to the home of the victim on that fated Sunday morning. As a seasoned officer, he had appeared in Court many times and proved to give the required facts in an eloquent, yet professional manner. When questioned, he stated that they had been sent to the house to investigate the apparent commotion that had taken place. He said that he found the victim and the alleged perpetrator sat in the living room and that there was a blue plate on the coffee table.

Officer Malloy described the victim’s version of the events leading up to their arrival, and how an object on the blue plate had disappeared. He then said that the alleged perpetrator had refused to offer any comment or provide any form of identification. When Officer Read contacted the Precinct, he was told to transport both parties and the blue plate to the station, which they did.

Counsel rose at this time and asked the Judge if this blue plate was going to be offered in evidence. Mr. Burger said that he would be happy to do so at this time for the sake of the Court and the Defence. With this the object in question was introduced and, after being inspected by the Judge followed by the Defence, was introduced into evidence.

The Blue Plate

Officer Malloy next continued by saying that when they were escorting Mr. Casanova/Puppy to the awaiting vehicle, he proved somewhat rambunctious in not wanting to sit in the back, but wanted to enter by the front door and even tried to sit in the driver’s seat. Eventually he was persuaded to enter the back of the vehicle. With this, Mr. Burger thanked the Officer for his Testimony and then sat down.

The Judge now called upon the Defence to question the witness, if they so chose. Counsel rose and after thanking him for this opportunity turned her attention to Officer Malloy.

Counsel asked Officer Malloy if the stolen object had been discovered from his or his partner’s search of the house. He said no! She next asked if he would relate to the Court what the victim had said when he was asked to accompany Mr. Casonova/Puppy to the Precinct. The Officer said that the victim said that he did not want to press charges against the accused and had not requested a police presence at all although he did admit to having been angry at the loss of the object. Officer Malloy said that apparently the victim had maintained his position after being questioned at the Precinct by both the Desk Officer and Lt. Tragg.

Mr. Burger offered an objection to the Officer’s last comment saying that it was hearsay. The Judge agreed and instructed the comment to be remove from the Court Record and for the jury to ignore it.

Court Reporter (Stenographer), Machine & Keyboard

Counsel apologised, but wanting to emphasise the essence of this comment, asked the Officer to inform the Court what he actually was privy to regarding the victim’s position once at the Precinct.  Officer Mallory said that when they arrived at the Front Desk and the Desk Sergeant was booking Mr. Casanova Puppy into the Record Book, he distinctly heard the victim tell the Sergeant that he did not want to press charges.

Finally, Counsel asked Officer Malloy if the stolen object had been discovered by his and his partner’s search of the house. He said no!

Counsel thanked the Officer for clarifying this matter. She then asked, if the victim did not want to press charges, then why were they brought to the Precinct? Officer Malloy said that he had been ordered to bring them by their Sergeant, and since they were required to follow orders, they did. Counsel thanked him and told the Judge that they had no more questions. The Judge then asked Mr. Burger if he had any further questions. Mr. Burger said that he did not. With this Officer Malloy was requested to step down.

Outside the Court, Officer Mallory with his Shift Supervisor, Sergeant William “Mac” MacDonald

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Mr. Burger was now asked to call his next witness. The Court Bailiff called for The Victim who came into the Court and entered the Witness Box where he gave his name and then took the oath. Mr. Burger asked some preliminary questions pertaining to the events of that Sunday morning. It soon became apparent that the victim was proving to be a difficult witness, if not hostile!

The victim’s unwillingness to cooperate and answer Mr. Burger’s questions without causing him to raise his voice and appeal to the Judge to remind him that he was required to answer his questions, eventually led to the Judge to declaring the victim a Hostile Witness.

The Judge informed the witness that he was now required to answer only YES and NO to the questions put to him. However, the victim continued to prove somewhat difficult and maintained his position that he had not wanted to press charges against the accused. Obviously frustrated by the activities of the victim, Mr. Burger decided to turn his attention to other things.

Mr. Burger asked the victim about his daily walks with the accused and quickly added that was it so that they had gone for walk early in the morning of the incident. The victim answered YES, as required. He then asked if they had encountered any other walkers. Again, the victim answered YES. He then asked if one of these walkers was Don Guido. Immediately, Mr. Mason rose to object, saying that the question was incompetent, immaterial and irrelevant! The Judge agreed and favoured the objection. Mr. Burger was forced to withdraw his question and uttered, rather gruffly, that he had no more questions for this witness, and then sat down slightly ruffled!

Counsel now rose to question the victim. Nothing new came out of the questioning, but he was allowed to state again, and clearly, that it had not been his wish to press charges against the accused. When asked why the accused was in fact charged with the offense, he replied that he was not given a proper explanation other than the crime was considered to of sufficient seriousness as to the warrant the District Attorney insisting that the accused by charge.

Counsel thanked the witness and said that she had no further questions. At this, the Judge instructed the victim to step down. He then said that in view of the hour, he proposed that since it was approaching the noon hour then the Court should recess and return at 2 p.m. At this, the Court rose and the Judge left.

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CASANOVA/PUPPY …….
INNOCENT or GUILTY??? – PART 9