Authors: R. J. Blacks
Fullbright returns to his
chair and the judge announces a brief recess.
“Court returns to session at
10:00 AM sharp,” he says.
Everyone files out the
courtroom and heads to the break area for coffee and snacks and Berkeley and I
are the last ones out.
“That guy can certainly work
a jury,” I say.
“Facts are facts, and juries
rule on facts,” Berkeley says with an unflappable air of confidence. “We’ll see
how he does on cross-examination.”
We file back into the
courtroom at five minutes before ten and take our seats. The judge calls the
court to order.
“Counsel for the plaintiff,
you may call your first witness.”
Berkeley stands up and faces
the judge.
“I would like to call Sandy
Harris to the stand please.”
The bailiff leaves the
courtroom and returns a few minutes later with Sandy. He escorts her to the
witness chair, she sits down, and then he swears her in.
“Do you solemnly swear to
tell the truth, the whole truth, and nothing but the truth, so help you God?”
“I do,” she says.
The judge turns to Berkeley:
“You may proceed.”
Berkeley takes the floor and
addresses Sandy.
“For the record, would you
state your name please.”
“Sandra Harris. But everyone
calls me Sandy.”
“Sandy, could you tell the
jury where you live.”
“Jacksonville, Florida.”
“Are you living there now?”
“No, actually I’m living in
the dorm at Ormond College.”
“And what do you do there?”
“I’m a freshman in
Oceanography.”
“The same as Kevin?”
“Yes, we were friends.”
“Could you briefly tell the
jury how you met Kevin.”
“We were both taking this
course called, ‘Reef Maintenance.’ It required us to take a boat out to the
Florida Reef and then dive down to get a close-up view. We were both dive-certified,
but I was having trouble getting into my gear because the straps were too
tight. He saw me struggling so he adjusted them for me. Later, we had lunch
together, realized we had similar interests, and then, became friends.”
“How long had you known him
before the incident?”
“A couple of months.”
“I know this will be painful
for you, but could you briefly describe what happened on that fateful night.”
“Kevin had just bought this
blue Camaro. He was really proud of it and wanted to take me for a ride. No
place in particular, just around. We ended up on Granada Boulevard, which is
also Route 40, and then, started driving west, toward the setting sun. We
stopped for dinner at around six, and after that, decided it would be fun to see
Lake George by moonlight.”
“And then?”
“Kevin saw a sign for a
picnic area so he followed this dirt road for about a mile until it opened up
to a clearing with picnic tables and a beach. It looked pretty safe so he
parked where we would get a decent view of the lake.”
“Were there any other cars
around?”
“No, only us.”
“According to the police
report, you were enjoying the view and listening to the radio. And then what
happened?”
“Well, Kevin tells me he has
to... can I say it?”
“He had to pee?” Berkeley interjects.
“Yes. So he gets out of the
car and goes over to this big old oak tree and starts to pee. He was there a
bit and then I hear this commotion, glance in his direction, and see he’s
surrounded by alligators and he’s banging this tree-branch on the ground to try
to scare them away.”
“Where did they come from?”
“I don’t know. I was looking
the other way ‘cause he yelled at me for staring at him so I turned away. I
mean, it was stupid; he had his back to me the whole time.”
“Go on please.”
“Well, he had nowhere to go
so he climbed up the tree and told me to drive the car under a long branch that
was big enough to carry his weight. Then he shimmies along the branch, hangs
over the open sun roof, and drops into the car.”
“So you guys were safe?”
“Not exactly. He tries to
drive away, but the alligators kept coming; they were everywhere. He tried to
run over them, but the car was too low and it would get stuck. So he backed up
under the branch and we get on the roof and then I climbed up onto his
shoulders. I reached for the branch and pulled myself into the tree. It wasn’t
that hard because I’m a cheerleader.”
“And he did the same?”
“He tried to, but I couldn’t
reach him. He tried stacking stuff on the roof to get closer, but then the
whole thing collapsed and after that I don’t remember anything.”
“You blacked out?”
“That’s what the psychologist
told me.”
“Would you describe your
impressions of the alligators before you blacked out.”
“Well, I’ve lived in Florida
my whole life and I know gators. I’ve never seen any that acted like that. They
circled the tree, slowly closing in so he had no way to escape, almost like
they had planned it.”
“If you had to describe their
behavior in one word, what would it be?”
“Weird.”
“No further questions, Your Honor,”
Berkeley says, and then he sits down.
“Counsel for the defense, you
may cross-examine if you so desire,” the judge says.
“Thank you, Your Honor,”
Fullbright says, and then takes the floor.
“Sandy, you told us you and
Kevin drove down a dirt road into a picnic area near the water. Is that
correct?”
“Yes.”
“Was it dark when you got
there?”
“Yes, pretty dark.”
“Did you see a sign by the
entrance that said the park closes at dusk?”
“Objection, Your Honor. Has
no bearing on the outcome,” Berkeley says.
“I was merely trying to
establish the character of the witness,” Fullbright says.
“Objection sustained,” the
judge says.
“Okay, we’ll do this another
way.”
Fullbright paces the floor
thinking, and then, turns to Sandy.
“The police report said
alcohol and marijuana were found in the car. That’s a statement of fact. But my
question is: when the alligators attacked, would you say you were drunk or high
or both?”
“Objection, Your Honor,
leading the witness,” Berkeley says.
“Overruled. Leading is
allowed during cross-examination,” the judge says. “Please continue Mr.
Fullbright.”
“The question is: when the
alligators attacked, were you drunk or high or both?”
“I was definitely not drunk
or high,” Sandy says.
“Then how do you explain the
alcohol and marijuana in the vehicle?”
“We didn’t smoke marijuana.
If there was some, I never saw it. It’s not my car.”
“And the alcohol?”
“Okay, I did have a taste of
the Southern Comfort, but not enough to make me drunk.”
“So you want us to believe
there were hundreds of alligators attacking you? Doesn’t that sound a little
unbelievable?”
“I said there were a lot of
alligators.”
“On the night of the
incident, you said ‘hundreds.’”
“Objection, Your Honor. The
girl was in shock and not of sound mind,” Berkley says.
“Your Honor, I’m trying to
determine the reliability of the testimony,” Fullbright says.
“Objection overruled.”
“Okay, let’s just say there
were a lot of alligators, not hundreds, but quite a few. How many would you say
there were, fifty, seventy five? Give it your best estimate.”
“It was dark, and things were
happening fast... I didn’t have time to count them.”
“Take a guess.”
Sandy looks away and thinks
for a moment.
“I don’t know. It was a
lot... I really don’t know.”
“So it could have been ten?”
“No, it was more than ten for
sure.”
“Twenty... or thirty?”
“Maybe thirty.”
Fullbright turns to the
judge.
“I motion that the record
show the witness was unsure of the number of alligators, but believed it might
be about thirty.”
“Allowed,” the judge says.
“No further questions, Your Honor.”
“Does either counsel wish to
question the witness again at any time in the future?” the judge asks, and then
looks at Berkeley.
“No, Your Honor.”
The judge looks at
Fullbright: “And you?”
“No further questions, Your Honor.”
“The witness is hereby
excused from the court. You may remain in the visitors section if you wish, or
leave the premises.”
“Thank you, Your Honor,”
Sandy says, and then walks up the isle and out the door.
It’s a quarter to twelve and the judge
calls a recess for lunch. Everyone scurries out the courtroom and Berkeley
leads us all to the Mia Bella Tuscan Grill just off the Inner Harbor. I feel a
little adventurous so I order a Pasta Fra Diavolo consisting of Campanelle with
a spicy tomato cream sauce. We’re not allowed to talk about the trial so we
just eat in silence save for an occasional comment about the hot July weather.
The view is gorgeous. The harbor is right across the street and from our table
I can see a few of the historic ships in dock.
After lunch, we still have a
half hour to kill so we do a tour of the USS Constellation. It was launched in
1854, the last ship to be built by the Navy that was powered by sail alone.
After a century of service, it was officially decommissioned in 1955 and is now
designated a permanent Historic Landmark at the Inner Harbor in Baltimore.
We arrive back at the
courtroom at 1:30 PM. A few minutes later, the judge enters the courtroom and reconvenes
the trial. He turns to Berkeley.
“Counsel for the plaintiff,
you may call your next witness.”
Berkeley stands up and
announces: “I would like to call Fargo Dane to the stand.”
The bailiff exits the
courtroom and returns a few minutes later with Fargo. He accompanies him to the
witness chair, and then, swears him in.
Berkeley takes the floor.
“For the record, would you
state your name please.”
“Fargo Dane.”
“And where do you live?”
“Lake George, Florida.”
“What do you do in Lake
George?”
“I run a nature tour
business.”
“People say you know more
about alligators than anyone in the area. Is that a true statement?”
“Yes, I suppose so.”
“In fact, you have such an
intimate knowledge of alligator behavior, the state police often call you as an
expert advisor when they investigate deadly alligator attacks. Is that right?”
“Yes, they do.”
“So on December 24
th
,
the day after Kevin’s death, Detective John Bolt called on you to assist the
state police in the investigation of what appeared to be just another random
alligator attack.”
“Yes he did.”
“Tell us about it.”
“I met him at the state police
barracks at about nine in the morning, and then, the three of us drove out to
Wildlife State Park. I wanted to see the actual site of the incident.”
“The three of you?”
“It was me, Indigo, and Detective
Bolt.”
“Then what?”
“There were about eight
police cars in the clearing with lights flashing and there was this abandoned
blue Camaro. Police investigators were combing through the underbrush looking
for clues so I started poking around myself.”
“Did you see anything of
interest?”
“Yes, I found these tracks in
the sand, alligator tracks. Some of them had been stepped on by the
investigators making them hard to see, but I’d guess there were around thirty
or so.”
“Thirty alligators?”
“Approximately.”
“Your Honor, may I propose
that it be stated in the record that both Fargo and Sandy Harris agree on
thirty alligators.”
“Allowed. Please continue,”
the judge says.
“Sandy Harris, in her
testimony, characterized the alligators as acting weird. Based on your examination
of the track prints, how would you characterize them?”
“Definitely not normal.”
“Could you elaborate?”
“Alligators are
opportunistic. They grab at whatever they find. They don’t coordinate attacks
like wolves or lions. But from the track prints, these gators appeared to be
gathered around a single large alligator with eight toes, as if it was the
leader.”
“Eight toes?”
“Yes.”
“Why is that significant?”
“Alligators only have five
toes.”
“So would eight toes be
considered a mutation?”
“Objection, leading,”
Fullbright cries out.
Berkeley addresses the judge:
“My intention is to determine whether the condition of having eight toes has
influenced, in any way, its unusual behavior.”
“Overruled. Please answer the
question,” the judge says.
“Alligators with eight toes
have appeared in Indian folklore for centuries so I can’t say it’s a new thing.
Someone sees one about every thirty years or so, but the trait is not carried
on to offspring. I’m no biologist, but I think a mutation has to be permanent.
All things considered, I wouldn’t say it’s a mutation.”
“So then, would you say the
eight toes have any significance at all?”
“Legend says it’s an omen, a
warning of death. Usually someone close, a loved one.”
“What do you think?
“I think it’s nonsense, an
ancient superstition.”
“So it appears that the
unusual behavior, reported by both you and Sandy, was probably caused by
something else. Could that something else be Farm-eXia?”
“Objection, leading,”
Fullbright cries out again.
“Sustained.”
“Okay, I’ll rephrase it. What
do you suppose is the reason for the alligator’s unusual behavior?” Berkeley
asks.
“I have no idea. It could be
chemicals in the water, but I have no way of testing for that. All I can say is
this: in the entire time I’ve been living around alligators, I’ve never seen
them act like that.”
“No further questions, Your Honor.”
“Counsel for the defense, you
may cross-examine.”
Fullbright gets up and takes
the floor.
“Fargo Dane, you present
yourself as an expert. Where did you learn your craft?”
“Picked it up from living
around the swamp and talking to experts like Brad.”
“Brad?”
“Dr. Brad Kelly, PhD.”
“What is your relationship to
Dr. Kelly?”
“He’s a friend of mine.”
“And I assume you talk about
this stuff from time to time?”
“Yes. We both share an
interest in wildlife.”
“Do you have a university
degree?”
“No.”
“Have you taken courses in
Herpetology?”
“No.”
“But nonetheless, you’ve
deceived people into believing you are an expert?”
“Objection, Your Honor. Not
relevant,” Berkeley says.
“Overruled. Please answer the
question.”
“I’ve never deceived anyone
nor did I tell them I was an expert. I’ve lived around alligators all my life
and I know when I see one acting strange. You don’t need a doctor to tell you
your arm’s bleeding.”
“But you might need a doctor
to fix it.”
“I’ve never suggested a
solution or even proposed a cause. I’m just saying it’s not business as usual.
Something in that swamp is unnatural, and that’s a fact.”
“Thank you Mr. Dane. No
further questions.”
Fargo gets up and goes back
to the sequestered room.
The judge turns to Berkeley.
“Counsel for the plaintiff,
you may call your next witness.”
Berkeley stands up and
announces: “I would like to call Dr. Brad Kelly to the stand.”
The bailiff leaves the
courtroom, returns with Dr. Kelly, and then, swears him in.
Berkeley takes the floor.
“For the record, would you
state your name please.”
“Dr. Brad Kelly, PhD.”
“And where do you live?”
“Astor, Florida. That’s near
Lake George.”
“What do you do in Astor?”
“I own an alligator farm, for
tourists.”
“Could you briefly state your
education.”
“I have a B.S. and Masters
from Florida State and a PhD in Herpetology from Gainesville University.”
“And why are you here today?”
“I was asked to testify
because I sponsored an experiment for Indigo Wells to determine whether
contaminated lake water has any influence on the behavior of wild alligators.”
“Wild as opposed to
alligators in captivity.”
“Yes. The alligators in the
farm are only exposed to filtered water. They would not be affected by contaminated
lake water.”
“How often do you sponsor
students with field experiments?”
“About six per year. I have
agreements with several universities.”
“How long have you been doing
this?”
“Over twenty years.”
“And are the universities
pleased with your work?”
Brad reaches into a manila
envelope and produces a dozen papers.
“These are a few of the
letters of appreciation I’ve received over the years from various
universities.”
He hands the papers to the
bailiff who hands them to the judge. The judge reviews them, and then orders
the clerk to admit them as evidence.
Berkeley turns to the jury.
“I believe I have adequately
demonstrated to the court that the witness is highly qualified to testify on
behalf of these experiments.”
“Objection,” Fullbright squawks.
“An opinion.”
“Overruled. The letters of
recommendation support his suppositions. Please proceed counsel.”
“Dr. Kelly, please describe
briefly your relationship with Indigo Wells.”
“She approached me with a
theory that local lake water was contaminated with chemicals that may have
caused aggressive behavior in alligators, and specifically, the death of Kevin
Stewart.”
“What were your first
impressions.”
“I thought it was a novel,
although unproven, hypothesis. No one had ever proposed this before, as far as
I know.”
“So you agreed to
participate.”
“I’m always interested in new
science."
“So what did you do?”
“We prepared two pens, one
with ordinary lake water, the other with a similar solution of brand new
Farm-eXia as a control group. Then we released three baby alligators in each
one.”
“Why baby alligators.”
“Because they would show
results sooner and wouldn’t be influenced by prior exposures.”
“And your results?”
“After five weeks the results
were undeniable. The three in lake water were unusually aggressive, climbing
the walls and attacking each other.”
“In one word, how would you
characterize their behavior?”
“Definitely, abnormal.”
“And the ones in brand new
Farm-eXia?”
“They looked fine, completely
normal.”
“So the lake water was
causing a change in behavior?”
“Absolutely. It was obvious.”
“But the lake water contained
the same concentration of Farm-eXia as the control group. Why would it act
differently?”
“I have no idea. It could be
anything.”
“My technical advisor,
Indigo, believes the lake-borne Farm-eXia came from a defective batch. Does
that sound plausible?”
“Leading,” Fullbright says.
“Sustained.”
“No further questions, Your Honor,”
Berkeley says.
“Counsel for the defense, you
may cross-examine,” the judge announces.
“Thank you, Your Honor.”
Fullbright approaches the
witness stand.
“Dr. Kelly, your credentials
are impressive.”
“Thank you sir.”
“During your testimony, you
characterized Ms. Well’s hypothesis, namely that chemicals in lake water caused
aggressive behavior in alligators, as novel. Isn’t that the same as saying it’s
absurd?”
“Air conditioning was once
considered novel. But no one ever thought it was absurd.”
“Okay, you said the control
group of alligators acted normal, but the affected group was abnormal. Can you
put numbers to that so we can have an idea ‘how’ abnormal.”
“That would be impossible. It
was based on observation.”
“But isn’t observation based
on opinion?”
“It can be. But I try to be
as impartial as possible.”
“Well, our research has uncovered
the fact you are an active member of the Sierra Club, the Conservation Society,
and the Audubon. Wouldn’t that tend to blur your impartiality?”
“If, by active, you mean I
subscribe to their magazines, yes, I do. But I’m only interested in the science,
and keeping up with the latest research,” Brad says.
“I’d be willing to concede
your impartiality if that’s all there was. But our research has uncovered a few
things I find very worrisome. You’ve given talks at several universities on the
overuse of pesticides. Do you recall that?”