Hostile Witness

CHAPTER 19

CHAPTER 19

HOSTILE WITNESS - An adverse witness who is known to offer prejudicial evidence as a result of adverse interest or bias. - Black's Law Dictionary

When Emily Baylor-Bates abandoned her daughter, the marine families closed rank. Josie was transferred to the home of a girl who qualified as her best friend by virtue of the fact that they had arrived in Hawaii at the same time. It took her father three days to get home and, in those three days, Josie imagined her father would blame her for driving Emily away.

But on a warm evening, just around dinnertime, Josie's father appeared. He reached out his hand and with that one gentle gesture he made the world right, made her part of a family again.

That wasn't the way things would play for Hannah. Kip didn't acknowledge her. Hannah listed to the left, her shoulder touching Josie's ever so slightly. She was looking up, right at Kip, telegraphing her anxiety as she knocked the table from underneath. Twenty times. Pause. Knocking again. To Josie it sounded like thunder but no one seemed to notice. Every eye was on the witness

"Mr. Rayburn, what is your relationship to the victim?"

"He was my father."

"And what is your relationship to the defendant."

"She is my wife's daughter."

"Mr. Rayburn, are you testifying of your own free will?"

"Yes, I am."

Josie moved in her seat. This was a powerful salvo. Rudy did not want anyone mistaking Kip Rayburn's testimony as hostile or less truthful because he was connected to the defendant.

"Given your relationship to the defendant, do you feel that you can answer my questions truthfully?"

"I will answer your questions truthfully. My father believed in the sanctity of the law, and so do I."

"Mr. Rayburn, given the circumstances, do you feel animosity toward the defendant?"

"No, sir," Kip answered.

Satisfied, Rudy moved another step closer to the witness.

"Can you describe the relationship your father had with Hannah Sheraton?"

"Objection, Your Honor. The witness cannot attest to such a relationship," Josie objected.

"Mr. Rayburn and his wife and stepdaughter lived in the victim's home, and Justice Rayburn interacted as part of the family. Kip Rayburn can testify to the dynamic of his own household," Rudy argued.

"I'll allow it within reason, Mr. Klein. Your objection is overruled, Ms. Bates."

Rudy gave the bench a perfunctory nod.

"Mr. Rayburn? Can you tell us about the relationship between your father and Hannah Sheraton?"

"Over time, my father became very interested in Hannah's welfare. He believed that Hannah was an extraordinarily talented artist and wanted to see her reach her full potential."

"And how did he show his interest?" Rudy asked.

"My father spent a great deal of time with Hannah when he was home. He talked about art. He explained his collection to her. He bought her gifts to enhance her talent: books and paints, and such. He offered to take her to museums when his schedule allowed."

"And how did the defendant react to this attention?"

"I think Hannah enjoyed being the center of attention at first."