By 3:00 p.m. Thursday, the second day of testimony, the State had offered virtually all the proof it had. Buck Lester had been shot and killed by a single bullet, one fired by the defendant, Thomas Ray Cardell. It was still unclear who shot first, last, and for what reason or reasons. Indeed, the only clue as to what happened during the encounter was provided by the defendant himself in his brief video statement.
The only way to prove Cardell was guilty of murder was through the testimony of the missing witness, Officer Keith Knoxel. During his investigation, Detective Reardon had interrogated Knoxel at length and, as was his practice, had recorded Knoxel’s version in an affidavit-a sworn statement. It had been typed by a police stenographer and notarized by a police administrator.
The affidavit was not admissible in a court of law because (1) the witness was not available to verify it and (2) the defendant, through his attorney, had not been present to confront and cross-examine the witness.
Max Mancini, desperate at this point, attempted to enter the affidavit into the record. Sebastian objected. During a recess, they argued back and forth in Judge Schofield’s chambers. Judge Schofield said no, it’s not admissible.
The State had no choice but to rest its case. The jury was sent home for the day. Back in chambers, Sebastian went through the standard ritual of moving to exclude the evidence offered by the State and asking the court to direct a verdict of not guilty in favor of Thomas Ray Cardell.
Judge Schofield declined because the defendant admitted firing the shot that killed Buck Lester. “We’ll let the jury figure it out,” he said.
Early Friday morning, the judge said hello to his jury and then explained that the defendant’s lawyer would now be allowed to make some opening remarks. Nothing the jury was about to hear was evidence; that came only from the witnesses.
Sebastian casually walked to the podium, offered a rare smile, and began, “There are two eyewitnesses, and you’re about to hear from both of them. One you might expect, because my client, Thomas Ray, wants to take the stand and tell what happened. He’s not afraid to face the prosecutor, his accuser. He’s not afraid to face anyone, because he acted in self-defense. This tragedy didn’t have to happen, and he will describe to you why and how it did happen. The other witness is a surprise. We didn’t know he existed until last week when he came forward. It takes a lot of courage to do what he’s about to do, and I think you’ll find his testimony compelling, and truthful.
“My client acted in self-defense, and now we’re going to prove it.”
He smiled again and sat down.
Judge Schofield told the jury he was about to do something he’d never done before. Not in his thirty years on the bench had he cleared the courtroom of all spectators. He would explain after they were gone. The bailiffs jumped into action and every member of the audience was shown the door. They were all confused; some were angry. The judge didn’t care. He excused everyone else who was not essential-extra clerks, nosy lawyers, even a janitor.
When the courtroom was secure, he told the jury that they were about to hear the testimony of a witness whose identity needed to be protected. Protected from whom, he didn’t say. He nodded to a bailiff, and from a side door a young man was led into the courtroom. He wore a baseball cap pulled low on his forehead, large sunglasses, and a turtleneck sweater that appeared to be choking him. It would not have been humanly possible to appear any more nervous. The bailiff showed him the witness stand.
Judge Schofield said, “This witness will be known as Joe. That’s not his real name but it will do for now. I know his identity and I will enter it into the court record at a later date. Joe, please take your seat and be sworn in.”
