“I told her the arrest related to evidence tampering.”
“Did you explain what evidence she was accused of tampering with?”
“No.”
“Did you show her the warrant?”
“No.”
Naomi glanced toward the judge.
“No further questions at this time.”
Mercer stood for cross-examination.
“Officer Wallace, did you receive an official instruction to execute the arrest?”
“Yes.”
“Did you believe that instruction was legitimate?”
“Yes.”
“Did you intend to violate Ms. Hayes's rights?”
“No.”
“Did you use unnecessary force?”
“No.”
“Did Ms. Hayes cooperate?”
“Yes.”
Mercer turned toward the judge.
“No further questions.”
Judge Whitaker looked at Wallace.
“You may step down, but remain available.”
Wallace left the stand.
As he passed the defense table, he glanced at Victoria.
She did not look at him.
She was reading a document Naomi had placed before her.
Mercer noticed.
“Your Honor,” he said, “the prosecution requests permission to introduce the digital records referenced in the warrant application.”
“Proceed.”
Mercer approached the clerk and submitted a printed set of messages, screenshots, and an accompanying summary prepared by the investigative unit.
The documents allegedly showed that Victoria had obtained confidential police records and circulated them through an online account.
The first page contained a screenshot of a message.
I HAVE THE ORIGINAL FILE. THEY CAN'T HIDE WHAT THEY DID.
Beneath it was a username associated with Victoria.
The second page showed a conversation in which someone appeared to offer payment for access to the records.
The third contained a transfer record.
Mercer placed the pages on the evidence table.
“These records demonstrate that Ms. Hayes possessed and distributed material from an active police investigation,” he said. “The prosecution contends that her conduct compromised the investigation and may have exposed protected witnesses.”
Naomi examined the pages.
“Your Honor, the defense objects to the admission of these materials until the prosecution establishes their authenticity and chain of custody.”
Mercer frowned.
“The documents were obtained through a lawful investigative process.”
“Then the prosecution should have no difficulty identifying the source device, extraction method, original files, and custody records.”
Mercer glanced at his folder.
“The details can be addressed during the evidentiary hearing.”
“This is the evidentiary hearing.”
A murmur rose from the gallery.
Judge Whitaker struck his gavel once.
“Order.”
Naomi continued.
“We also request that the court compare the prosecution's screenshots with the versions preserved by the defense before the warrant application was submitted.”
Mercer turned toward her.
“What versions?”
Naomi opened her folder.
“Copies of the same messages, obtained from the source account before the prosecution's exhibits were created.”
Mercer's face changed.
“You cannot establish that those copies are authentic.”
“We are prepared to address that issue.”
Naomi handed a sealed envelope to the clerk.
The clerk checked the seal and presented it to the judge.
Judge Whitaker examined the label.
“Counsel, what is this?”
“A preserved copy of the original digital export, together with the verification record and the date it was created.”
Mercer stood.
“Your Honor, the defense cannot introduce private digital records without establishing their origin.”
“Agreed,” the judge said. “That is why we are going to establish their origin before deciding whether they are admissible.”
He turned to the clerk.
“Please mark the envelope as a proposed defense exhibit.”
The clerk complied.
Judge Whitaker looked at both attorneys.
“Ms. Brooks, do you have a witness prepared to authenticate this material?”
Naomi nodded.
“Yes, Your Honor.”
“Call the witness.”
Naomi looked toward the rear of the courtroom.
A middle-aged man rose from the second row.
He wore a plain dark suit and carried no briefcase. His expression was composed, but his hands were clasped tightly in front of him.
Mercer recognized him.
His face drained of color.
“Your Honor,” he said quickly, “the prosecution requests a brief recess.”
Judge Whitaker looked at him.
“On what basis?”
Mercer did not answer immediately.
The man in the gallery began walking toward the witness stand.
Victoria watched him approach.
For the first time that morning, she stopped smiling.
Because the witness was not a police officer.
He was not a lawyer.
And according to the official records submitted by the prosecution, he had died seven months earlier.
CHAPTER 4 — THE WITNESS WHO WASN'T SUPPOSED TO BE ALIVE
The man took the witness stand.
The clerk administered the oath.
He stated his name clearly.
“Benjamin Cole.”
Judge Whitaker glanced at the prosecution's exhibit list.
“Mr. Cole, are you familiar with the allegations in this case?”
“Yes, Your Honor.”
“Are you familiar with the digital records submitted by the prosecution?”
“Yes.”
“Are you the individual whose statement appears in the affidavit supporting the arrest warrant?”
“Yes.”
A whisper swept through the gallery.
Mercer rose so quickly that his chair scraped against the floor.
“Your Honor, the prosecution objects to this witness being called without prior notice.”
Naomi turned toward him.
“Mr. Cole's identity was disclosed in the defense's filing yesterday afternoon.”
“I was not informed that he would testify in person.”
“You were informed that the defense intended to call him.”
“I was told that the defense intended to submit an affidavit.”
Judge Whitaker raised one hand.
“Counsel, enough. We will address the notice issue after establishing the witness's identity.”
He looked at Cole.
“Mr. Cole, the records before this court indicate that you died seven months ago. Are you aware of that?”
Cole nodded.
“Yes, Your Honor.”
“Can you explain why?”
“Because someone filed a death report in my name.”
The courtroom erupted in whispers.
Judge Whitaker struck his gavel.
“Order! Everyone will remain silent.”
He turned back to the witness.
“Are you saying that the official record of your death is false?”
“Yes, Your Honor.”
“Do you have identification?”
Cole produced a government identification card and placed it on the evidence table.
The clerk collected it and presented it to the judge.
Judge Whitaker examined the document, then asked the court clerk to verify the identifying information through the appropriate procedure.
Mercer remained standing.
“Your Honor, this is extraordinary. The prosecution has no reason to believe that this individual is who he claims to be.”
Cole looked directly at him.
“You submitted my statement.”
Mercer froze.
“What?”
“You submitted a statement bearing my signature. You told the court that I was dead. You used my supposed death to argue that the evidence could not be independently verified.”
Mercer's face tightened.
“Mr. Cole, I have never met you.”
“Then why does your affidavit contain my personal identification number?”
No one moved.
Victoria looked at Naomi.
Naomi did not look surprised.
Judge Whitaker leaned forward.
“Mr. Cole, explain the relationship between your statement and the allegations against Ms. Hayes.”
Cole took a breath.
“Until last year, I worked as a records analyst for the City Police Department. My job involved reviewing evidence logs, case transfers, and digital records associated with internal investigations.”
“Did you prepare the statement submitted by the prosecution?”
“No.”
“Did you sign it?”
“No.”
“Did you authorize anyone to sign it on your behalf?”
“No.”
“Did you provide the prosecution with the information contained in it?”
“No.”
Judge Whitaker turned toward Mercer.
“Mr. Mercer, do you have an explanation?”
Mercer looked down at the documents.
“Your Honor, the statement was provided to our office as part of the investigative file. We relied on the source identified in the accompanying certification.”
“Who certified it?”
Mercer opened the folder.
He turned several pages.
Then several more.
His hands began to shake.
“The certification appears to have been signed by Lieutenant Marcus Reed.”
“Have you spoken to Lieutenant Reed?”
“Not personally.”
“Have you verified that he signed the certification?”
“Not yet.”
Judge Whitaker stared at him.
“You submitted an affidavit based on a certification you have not independently verified, containing a statement from a person whose identity you have not confirmed, and that statement formed part of the basis for an arrest warrant?”
Mercer swallowed.
“Your Honor, I relied on the materials provided by the investigating unit.”