Cheng presses, “Is it possible the reason no drugs were found was because Mr. Lloyd wasn’t there?”
Christina cuts in sharply, “Objection, speculation and leading the witness.”
Before the judge can respond, Cheng says, “I’ll rephrase. Agent, why did Mr. Donahue say no drugs were found?”
Munez responds, “He said Mr. Lloyd probably found out about the raid and moved the drugs offsite. He was very agitated and scared, said that now the club knew there was a CI, they’d find him.”
Cheng nods. “When was your next conversation with Mr. Donahue?”
Munez shrugs. “There wasn’t one. The next time I heard from him was when he sent me a video.”
Christina stands quickly. “Your Honor, we haven’t been given access to this video, nor have we had the chance to verify its authenticity. I object to its admission.”
Judge Benton taps her gavel lightly. “Sustained. The prosecution will provide a copy for the defence to review.”
Cheng speaks up, calm but firm. “Your Honor, Special Agent Munez is a decorated DEA officer with over ten years of field experience. His direct handling of the confidential informant, as well as the chain of custody for the video, speaks to its credibility.”
Judge Benton considers, then nods. “The defence will receive a copy of the video, and it will be formally reviewed at trial. However, for the purposes of this hearing, I will allow Agent Munez to testify as to the contents of the video, pending further verification.”
Christina exhales sharply, but says nothing. I glance at her, and she meets my eyes just briefly. We both know this is the game, and today’s not about winning, it’s about surviving.
Cheng gives a tight smile. “Understood, Your Honor. Agent, what did the video say?”
“In the video, which arrived by timed courier, Mr. Donahue said if he wasn’t heard from again, he was dead, and that Mr. Lloyd was responsible.”
Cheng walks back. “No further questions.”
Christina stands; voice steady. “Agent Munez, you said Mr. Donahue was jittery when he first met you, correct?”
Munez nods.
The judge leans forward. “Please answer verbally for the record.”
Munez leans close to the microphone. “Yes.”
Christina fixes him with a look. “Could that have been due to drug use?”
Cheng jumps up. “Objection, Your Honor. That calls for speculation.”
Christina shrugs. “Your Honor, SA Munez has over ten years of drug enforcement experience. I’m asking for his expert opinion on Mr. Donahue’s state at the time.”
The judge considers. “Overruled. The witness will answer.”
Munez clears his throat. “Maybe. Or maybe he was scared of the gang.”
Christina nods. “You also said the intel Mr. Donahue gave led to several arrests?”
“Yes.”
“Were any of those arrests connected to the motorcycleclubMr. Donahue and my client belong to?”
Munez hesitates, then answers quietly. “No.”
Christina presses on. “Is it possible no drugs were found during the July 9 raid because there simply were no drugs there?”
Munez looks at Cheng, who’s visibly tense.
Christina quickly adds, “Do you need to consult the prosecution before answering?”