Date: Wed, 15 Sep 2021 11:10:51 +0000 From: Wes Leigh Subject: Under Siege, Chapters 35 & 36 (Gay Adult/Youth) UNDER SIEGE By Wes Leigh Editing by SkyBorn This is a work of fiction intended solely for the entertainment of my readers; any resemblance to any real people or places is purely coincidental. This story is the property of the author and is protected by copyright laws. The author retains all rights. No reproductions are allowed without the author's consent. If you enjoy this story, please support the Nifty archives today with a thoughtful donation. Chapter 35 Counterattack When the jury members were seated in the jury box the next morning, Judge Birmingham turned to me and said, "Mr. Turnbull, you may call your first witness." I stood and walked to the witness stand. "I'll be starting off with myself as an expert witness, your Honor." He looked down at me over his glasses. "In what capacity, Mr. Turnbull?" "I will be refuting Detective Stevenson's testimony from yesterday, your Honor, as an expert on computer security." Gabrielle Mendoza stood up. "I don't see how Mr. Turnbull is qualified to be an expert in this area, your Honor. Unless Do-It-Yourself stores are now selling computer security programs." She chuckled, as did a few members of the audience. "I will present my qualifications first, of course," I replied, sitting down and raising my right hand. The bailiff hesitated, so I said, "I swear to tell the truth, the whole truth, and nothing but the truth." The bailiff suddenly realized I was doing his job for him, so he began to walk forward, but the Judge motioned for him to return to his place by the door. Then the Judge nodded for me to begin. "I have a Bachelor's degree in dual majors, electrical engineering and computer science, from the University of Texas. After graduation, I was hired by the city of Lubbock, Texas, to work in their Computer Services Division. I began as a systems engineer, installing computer networks and server software, but I was soon promoted to manage computer security. It was my job to protect the city's computers from viruses, malware, and other dangerous software. I was also trained to investigate any use of city computers by the employees for non-work-related purposes. This included accessing banned websites such as pornographic or gambling websites, downloading unwanted files or programs to the computers, and using the computers for personal activities. I received specialized training on computer security and attended dozens of conferences with my peers in this field. I personally conducted over ninety investigations, documenting the results for our human resources department so that employees could be counseled, reprimanded, or fired, as appropriate, for any violations of the city's policy on computer use." I glanced at Gabrielle Mendoza as I listed my qualifications. She was pale, like a kid who'd forgotten to do her homework. I suppose all this was coming as a surprise to her, a rather unpleasant surprise. Yeah, I was going to make this as unpleasant for her as I could. I paused and asked, "Have I established my expertise in the field of computer security? Or should I list the papers I presented in conferences now?" The judge looked at Mendoza. She swallowed hard and said, "Prosecution accepts Mr. Turnbull as an expert witness in this area." "Thank you, Ms. Mendoza," I said with a smile. "Now, there are several problems with the investigation performed by Detective Karen Stevenson. She made several rookie mistakes, mistakes I would expect from someone who has only conducted eight investigations of this type. "First, let's look at the browser history that contains the variety of pornographic websites." I waited for the clerk to bring up the first slide I had requested. It was one the jury had already seen during Stevenson's testimony the day before, a screen shot provided by the police department, showing the browser history on my computer. I pointed and said, "Notice that all these websites were accessed on the same day, March 26th of this year. That's not typical browsing behavior. Normally, you will see some of the websites appearing on one day, others appearing a day or more later, and still other websites a few days after that. All these websites were accessed the same day, in March of this year. Now there are a few possible explanations for this. "Possibility number one: I did all my browsing on that one day, March 26, 2018, having never visited any the websites prior to that day, and never going to any of them after that day. That's highly unlikely and totally atypical for web browsing behavior. "Possibility number two: The browser history can be deleted completely or by individual item. This means I could actually have visited these websites over the course of many months, but then I decided to delete all evidence of my browsing except for this one day. That's also highly unlikely. Why would someone go to the effort of hiding their browsing habits, but still leave a list of the websites they visited on one single day only, especially such an incriminating list of websites? "Possibility number three: someone changed the date on my computer while it was in police custody and then someone accessed the pornographic websites, causing them to appear--" "OBJECTION, YOUR HONOR!" Gabrielle Mendoza exploded up from her chair. "This is totally preposterous. Are you claiming the police falsified evidence?" I looked at Judge Birmingham. "I'm not accusing the police of anything at this time, your Honor. I'm simply explaining the possible reasons for the results that Detective Stevenson found in her investigation. I will be asking more questions later which should help us to get to the bottom of this, but for now, I'm simply giving some basic facts." The Judge gave me his strongest glare. "Objection overruled, but I warn you, Mr. Turnbull. Be very, very careful. You may proceed." "Thank you, your Honor. As I was saying, the third possibility is that the date on my computer was changed in the operating system to March 26, 2018, and then someone accessed the various pornographic websites, making them appear in the browser history, all under the same day. By changing the date first in the operating system, it makes it appear that the websites were accessed while the computer was in my possession, back in March of this year, which seems to imply that I was the one accessing them. There is just one problem with that date." I nodded for the clerk to bring up a second slide, one I had ordered made off my computer. "This is a directory listing of the core operating system files. Notice the date. 6/14/18. This is the date when the operating system was loaded on my computer by the factory. It's a fairly new computer. I've only had it for a few months. I bought it and brought it home in August. I have a receipt showing that I purchased the computer on--" I pulled out a piece of paper and glanced at it. "August 20th. Would the court like to have this receipt entered into evidence?" The judge glanced at the DA. The DA gulped. I shrugged my shoulders. "I guess it doesn't matter," I continued, "because this is the problem: the police found all this incriminating evidence on my computer dated March of this year. The factory installed the operating system in June. I bought the computer in August. That means I would have had to go through some type of weird time warp to use this computer like they claim. A FULL FIVE MONTHS BEFORE I OWNED IT." Mendoza was now white as a ghost. Score one for the defense, but I wasn't done. "There's a similar problem with the folder called Good Stuff that contains the child pornography. In my next slide, notice the date the folder was created. It's that same date again. 3/26/18. "Now, let's look at the directory listing for all the files in the folder. Next slide please. Every single file was saved in the folder on 3/26/18, all within seconds of each other. Now, several months before I owned the computer, I apparently created a folder and filled it with child pornography. As a computer security specialist, I can tell you that this isn't the behavior of someone who is browsing the Internet and downloading images every day or so. This is the action of someone copying all the files at one time, as fast as the computer can store them on the hard drive. And the only way to do this so that the files have this particular date stamp would be to change the date on the computer to March 26th, 2018, and then copy the folder and all its contents onto the hard drive in one pass. "In my expert opinion, this computer was tampered with. Someone tried to make it appear that the computer was used for criminal activities, but they did so in a sloppy way, making rookie mistakes that any computer security expert can see through immediately." I glanced at the jury. Stunned silent stares. I looked at Mendoza. She was scribbling nervously on a notepad, as if that would somehow make a difference. I continued, "That's my analysis, your Honor. Now, I'd like to have Detective Stevenson return to the stand for cross examination." The Judge shook his head. "Prosecution gets to ask you questions about your expert testimony first." Mendoza stood up, but refused to look me in the eye. She stammered, "No questions regarding the expert testimony, your Honor." I stepped down, and Karen Stevenson took my seat. "You've heard my analysis of your investigation, Detective. Can you explain how the browser history shows a date that is months before the computer was activated?" "Well ... ummm ...," she stuttered, "No I can't explain it." "Can you explain how the folder Good Stuff also found its way onto the computer months before it was activated? "No." "You were recently promoted to the rank of Detective, weren't you?" "Yes." "Was it because of your good work as a police investigator?" "I suppose it was, yes," she replied. "Did the Chief of Police look at anything other than your performance? Such as recommendations from other people? Other departments?" "I don't know." "Detective Stevenson, did the District Attorney Gabrielle Mendoza speak on your behalf to the Chief when he was deciding on your promotion?" "OBJECTION, your Honor!" Mendoza shouted. "Relevance?" "Sustained," snapped the judge. "I fail to see how this line of questioning is related to the police department's investigation." "Yes, your Honor," I replied. "Allow me to rephrase the question. Detective Stevenson, did you falsify evidence on my computer in an attempt to curry favor with the District Attorney?" "YOUR HONOR," screamed Mendoza, "I object!" "I withdraw the question, your Honor. No further questions." Chapter 36 Knight Takes Queen ... Check! "Defense calls Captain Mike Gray for a few follow-up questions." Mike Gray took the stand and the Judge reminded him that he was still under oath to tell the truth, the whole truth, and nothing but the truth. I was looking forward to hearing the truth from this witness. I smiled and said, "Captain Gray, as chief of security for the county jail, yesterday you testified that I was involved in a sexual act with another inmate by the name of Danny Garrick. Is that correct?" "Yes, that's right." "You also said that I was charged with a crime because of it, but Mr. Garrick was not. Why wasn't he charged?" "There were mitigating circumstances for Mr. Garrick." "What were those mitigating circumstances?" I asked. "I'm not free to answer that question," he replied. "Why not?" Gabrielle Mendoza stood up. "Your Honor, I am aware of the special circumstances in Mr. Garrick's case. I can assure the court that Captain Gray is not required to answer that question." I threw up my hands. "Why don't the two of you share this information with the rest of us? Let us all decide if it was proper?" The Judge didn't appreciate that. "Mr. Turnbull, you will refrain from theatrics in my courtroom. Ms. Mendoza, Mr. Turnbull, Captain Gray, approach the bench." The Judge had the microphones turned off and motioned for us all to lean in, then he whispered, "Captain Gray, please explain these mitigating circumstances." Mike Gray shook his head. "I can't, your Honor. Not in front of him." And he pointed at me. The Judge squinted. "Captain Gray, the Court has given you a direct order. Now follow it." Mike Gray was still reluctant. "I can explain it to you, your Honor. But not him. Doing that would put another man's life at risk." I nodded. My suspicions were confirmed. "Danny Garrick is a confidential informant for the police department, isn't he?" Captain Gray looked me in the eye and snarled, "If you tell anyone, we'll come after you. If Danny gets hurt, we'll charge you as an accessory." The Judge stopped the heated conversation. "That's enough, everyone. Mr. Turnbull, I'm directing you to drop this line of questioning." "Yes, your Honor." Ms. Mendoza returned to her seat. I walked back to the lawyer's podium. Captain Gray sat back down in the witness' chair. The Judge reactivated the microphones and said, "The Court recognizes that special circumstances pertain to Mr. Danny Garrick and directs counsel to stop asking questions related to any charges against him." I pulled out my notes and asked, "The county jail uses closed circuit cameras to monitor the cell blocks, correct?" "Yes." "Those cameras cover every part of the cell blocks?" "Yes." "Showers? Bunks? Day rooms?" "Yes, they cover every inch of the cell blocks." I checked my notes again. "And the footage from those cameras is recorded somewhere?" "That's correct. A digital recording is made and stored on a hard drive on a computer in my office." "That's how you were able to produce the video clip we saw in court yesterday? The one showing the sexual act with which I'm charged?" Captain Gray nodded. "Yes." "Were the other units in the jail also being recorded at the same time?" "Yes." Captain Gray seemed nervous. I suppose he was wondering where I was going with all this. "Therefore, if we asked you, you could produce video of the day room in that same cell block or the bunks of a completely different cell block and show us what was going on at the very moment Danny Garrick and I were involved in our sexual activity?" "Yes." Definitely nervous now. "Excellent. Captain Gray, I was removed from my original cell block, M-unit, and placed in a different cell block, J-unit, later that night. I'd like to see the video footage for the second cell block for that night. Can you produce it?" "No." "Why not?" "There was a problem with the cameras in J-unit that night. I said that yesterday." "Yet you have footage from M-unit and all the other units? Why not J-unit?" Captain Gray squirmed. "There was a problem with the recording. But we've fixed the cameras and they're all working now." "What type of inmates are housed in M-unit, Captain Gray?" "It's a protective custody unit. Typically anyone charged with a sex crime, like yourself." I nodded. "And J-unit? Who gets placed in J-unit?" The Captain shrugged. "It's just one of the general population units. There's nothing special about it." "Are you aware that the inmates have a nickname for J-unit, Captain Gray?" "I don't much care what nicknames the inmates use, Mr. Turnbull." "Objection, your Honor," Mendoza interjected. "Relevance?" "I'm getting there, your Honor," I replied. "Just a few more questions and you'll see how it all relates." The Judge grimaced. "Don't waste our time, Mr. Turnbull. Get to the point." "Yes, your Honor. Captain Gray, what is the nickname the inmates have for J-unit?" "I think they call it the Gladiator Pod." "Why is that?" "There are frequent fights in that unit." "I see. You moved me from a protective custody unit, a man accused of sexual contact with a minor, to the Gladiator Pod. Weren't you concerned for my safety?" "Objection, your Honor." Mendoza was now irritated. "This line of questioning doesn't address the crimes of which Mr. Turnbull is charged." "Sustained. Move on, Mr. Turnbull." I ignored Judge Birmingham and took a stack of papers from my table, handed one to Mendoza, another to the judge, and a third to Mike Gray. "This is a chain of email messages between you and the district attorney, Gabrielle Mendoza, regarding my housing in the county jail. Can you confirm that the addressees in the emails are you and Ms. Mendoza?" Gabrielle Mendoza leapt to her feet and screamed, "OBJECTION YOUR HONOR! These are ... these are inadmissible. They weren't provided to Prosecution during discovery. I'm astonished that Defense is trying to bring this in at the last minute!" I shook my head, showing my confusion. "I don't understand, your Honor. How could Prosecution not know about these emails? Ms. Mendoza is the one who sent them! What amazes me is that Prosecution didn't provide these documents to the Defense during discovery. They withheld evidence, your Honor. I'm simply trying to correct that oversight and introduce these emails into evidence now." Mendoza leaned forward, hands braced on her table, and pleaded, "Your Honor! Defense has established no foundation. More importantly, these documents are irrelevant!" I shrugged. "I'm not the one who brought up the problem with the cameras at the jail, your Honor. Prosecution introduced it, so I don't have to show foundation. I'm introducing this evidence to show that the cameras didn't malfunction as they claim. I'm also addressing the charge that I had sexual contact with another inmate of the jail. They brought that charge against me, your Honor. I'm simply defending myself." The judge adjusted his bifocals and carefully read the paper in front of him. His eyes opened wide. He gulped and said, "I'll allow the documents into evidence." I turned back to Mike Gray. I had to chuckle because he had turned a bit gray in the face as he stared at the papers I had handed him. "Captain Gray," I persisted, "are these email messages you sent to and received from Gabrielle Mendoza, the district attorney?" He nodded his head slowly. "You'll need to speak up, Captain." "Yes," he mumbled, then cleared his throat. "Yes, they are." "Thank you, Captain Gray. The first message came from Ms. Mendoza to you. Please read it out loud for the court." He stared down at the paper and began reading. "Mike, need your help with JT case. He's refusing postponement of trial date, so would like to see pressure applied from your end. Additional charges would be helpful. Would also like to send message that we aren't playing games anymore." I nodded and grunted. "The JT case? Do you know which case she is referring to, Captain Gray?" He shook his head slowly. "No." "JT? JT? Jake Turnbull. Those are my initials, Captain Gray. Was she talking about my case?" He shrugged. "I don't know." "Captain Gray, you sent Ms. Mendoza a reply by email. It's the second one on your paper. Please read your answer out loud." He looked back down at the paper and read, "Gabi, JT caught having sex with another inmate. Writing report today and forwarding to your office. JT then moved to a new cell, but soon after arrived, was involved in fight with several other inmates. Broken up promptly by my men, but JT likely to require medical treatment. Injuries are superficial but painful. Will that take care of it?" I smiled. "Well, I suppose that answers my question. Were there any other inmates housed in your facility with the initials JT who were caught having sex with another inmate and then involved in a fight after being moved to another unit? Other than myself?" "No," he muttered, now refusing to look up. "Please read the third email message, this time from Ms. Mendoza to you." He took a deep breath and read, "Thanks, Mike. That's perfect. Any chance of showing JT started fight? Not necessary for my purposes but could be useful." "And you had an answer for her. What was it? Please read the last email message, Captain Gray." "Sorry, Gabi. Cameras malfunctioned that night. LOL. No footage of the fight and no way to figure out who started it. Official report attached with details." The silence in the courtroom was eerie. I glanced at the jury. Some were staring at Mike Gray, astonished. But most were looking at Gabrielle Mendoza, who was looking down at her table, contemplating the end of her career as a lawyer and the termination of her dreams of political stardom as well. I wasn't quite finished with Captain Gray. "Was Danny Garrick promised any special deal on his own charges to instigate a sexual act with me in the shower?" Captain Gray leaned in and spoke directly into the microphone. "I refuse to answer that question on the grounds that it might incriminate me." "Then I guess I have no other questions for this witness, your Honor." The Judge excused Captain Gray and called a lunch break. As I unwrapped my bologna sandwich, courtesy of the fine cooks at Pecos County Detention Facility, I bowed my head and thanked God with all my heart for sending my enemies tumbling into their own traps. That was the best tasting lunch I had eaten in a long, long time. End of UNDER SIEGE, Chapter 36