Page 14 of 25 Alive

“Lies. Those are damn lies!”

At this interruption, Judge Orlofsky immediately employed his gavel and admonished the defense counsel to control his client. Orlofsky then looked directly at the defendant andstated, “Mr. Garza, if there are any further outbursts, you will be removed from the courtroom.”

Counselor Jon Credendino put a hand on Dario’s arm. Yuki watched as Dario yanked his arm from his attorney’s grasp and sat down.

She turned back to the jurors and began again.

“According to our eyewitness, Dario dragged Miguel’s body toward the open trunk of his car, calling out to El Gato to give him some help. But El Gato feared for his own life. As Dario bent over, struggling with Miguel’s body, El Gato snapped four quick photos before bolting from the scene.”

Counselor Jon Credendino, Dario’s defense attorney, called out, “Objection, Your Honor. Every word of the State’s opening is hearsay and highly prejudicial. We move that it be stricken from the record and the jury be instructed to ignore Ms. Castellano’s storytelling.”

Judge Orlofsky said, “Motion denied. You’ll have an opportunity to make your case and to question the prosecution’s witnesses.”

Yuki said, “Your Honor, the People will enter these four photos into evidence. And we will prove each of these statements with evidence and the underlying testimony of our witnesses.”

Yuki heard Red Dog’s warning inside her head.He’ll never testify because someone who knows El Gato’s identity will sell the information to Dario’s family. El Gato will be a dead cat.

Judge Orlofsky spoke again. “Ms. Castellano. Do you wish to continue?”

CHAPTER21

YUKI TURNED BACK to the jury and headed into the final stretch of her opening statement.

She told the jurors and the court that the People’s eyewitness would testify to the murder of Miguel Hernandez by Dario Garza’s hand, and that evidence would show Dario wrestled Miguel’s body into the trunk of his car and then drove a short distance to an open construction site.

“Workers at the construction site will testify to finding Miguel Hernandez’s headless body the following morning, in a pit of concrete rubble, beside a bloody chain saw.

“Shortly after disposing of his victim, Dario drove with Miguel’s severed head tothis very building,where he placed it at the top of the front steps to the Hall of Justice. He also took the murder weapon, a .22 caliber Smith & Wesson handgun, and jammed it muzzle first into Miguel Hernandez’s mouth.

“As his ghoulish coup de grâce, Dario found a parking ticket on the sidewalk or a windshield, dated the evening ofthe murder, and wrote on that ticket. Then he rolled up his handwritten note and screwed it into the dead man’s ear.”

Yuki took a photograph from her jacket pocket. She held it up and read from it.

“Here’s the note. ‘To those who ask: Why? Because Miguel had a big mouth.’”

Yuki returned the photo to her pocket and continued.

“Naturally, the severed head was examined in situ by our crime-scene experts, then brought to our lab.

“The gun left in Miguel Hernandez’s mouth is unregistered but has been positively identified as the murder weapon.

“After killing and decapitating Miguel, Dario created an alibi. He went to three dance clubs in succession that evening. He made sure to show his face, to be seen dancing, drinking, and partying until closing time at the last club, Hvar.

“While Dario was attempting to cover his tracks, El Gato was speaking to Sergeant Ronald Whitecliff, the night-shift commander in charge for the SFPD. Sergeant Whitecliff videoed his interview with El Gato and immediately arranged for his disappearance into protective custody.

“Since Miguel Hernandez’s murder, for his safety, we’ve given our eyewitness a new identity and a well-guarded place to live.

“El Gato’s photographs of Dario Garza manhandling Miguel Hernandez’s dead body have been entered into evidence and will prove beyond any doubt that Dario is a killer, guilty of Miguel’s murder. And more.”

Yuki thanked the jurors for their attention. As she turned to walk back to the counsel table, she shot a look toward the defense table.

Dario smiled at Yuki and, making a gun with the fingers of his right hand, placed his forefinger to his temple, squeezed an imaginary trigger, and smiled.

Just then there was a loud boom, like an explosion. Like abomb had gone off right outside the courtroom.

CHAPTER22

THE SOUND INSIDE courtroom 2A was one loud discordant scream as everyone, including the judge and court officers, dove under something: chairs, tables, even the judge’s bench. Once the turmoil died down and silence returned, court officers Louis Menges and Brad Fleishman, who had been in the corridor, rushed in through the courtroom’s double doors, yelling, “It’s safe. You can come out.”

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