“Officer Arnal, there’s just a few things I wanted to get a little more information about, if you don’t mind.” Mark ruffles through his notes, looking for something specific. “Oh, yes! Where was the guitar case when you found it?”
“It was in the back,” Arnal answers. “Next to the left entrance to the stage, next to a table that was set up with, y’know, snacks and coffee and drinks.”
“And how did you know what case to look at?” The defense attorney peers curiously at the police officer over the frames of his reading glasses.
“Otto—that’s my partner, he’s a Belgian Malinois—indicated on the guitar case later identified as belonging to Francis Wilson.”
“I understand that, but how did you know to bring the dog to that specific case? That’s what I’m asking about.” Mark shrugs in apology. “I’m sorry if I wasn’t clear.”
“Oh, okay. I’ve got you now.” Arnal frowns pensively for a moment before continuing. “It was actually just random. Before the concert, we—Otto and I—were standing by the main entrance, up front by the box office. When people came in, they’d walk past us, and if there’d been anyone with pot or some cocaine or anything, he’d have smelled it. Once the music started, we were done, and it was time to go, but the band manager told me to come on back and get a drink or something to eat before going home.”
“Huh. Okay. So, you- This wasn’t…” Mark looks at his notes again, seemingly confused, but it’s all part of the performance. He knows exactly where he’s going. “This wasn’t even the job you were there to do, right? You were done with work, you’d already gone off duty, and the band manager brought you back to get something to snack on before you left?”
“Yes, sir.” Arnal grins broadly. “And he had a cookie for Otto, too.”
Quiet laughter ripples through the rapt audience, and even Mark chuckles.
“So, if I understand this correctly, you just walked up to the table to get something and then… what? Otto just… what did he do?”
“Yes, that’s it,” Arnal says, nodding firmly. “When Otto indicates on drugs, he’ll walk up to a thing, then sit down next to it and put his paw on it. I was popping open a can of Mountain Dew, not expecting anything to happen with Otto, but he just went right over and sat down next to that guitar case and put his paw on it.”
“What an extraordinary animal,” Mark says, eyes widening in appreciation. “How far away was the case from the table?”
“Not far,” Arnal answers. “Three feet, maybe four. Otto’s usually on a six-foot leash, and he wasn’t stretching it completely out.”
“And this was just entirely a coincidence, then? Purely random chance?” The defense attorney is incredulous. “Have you ever had this happen before? Where you and Otto found drugs purely by random chance?”
“It’s never happened to us before, no.” Arnal shrugs. “Sometimes you just get that lucky, though. I popped the tab on my can of soda, andboom, there’s Otto, doing his thing with a stash of MDMA.”
“That is just amazing,” Mark says, shaking his head and glancing back down at his notes. “Absolutely amazing. Something I’m not clear on, though, Officer Arnal: why were you there?”
“In the back? I told you, the band manager offered me some refreshments after my job was done.”
“I’m sorry,” Mark smiles thinly at the officer. “I was unclear again. What I meant to ask is why were you at the concert in the first place? Is it a usual part of the security arrangements to have a drug sniffing dog on site?”
Gabriel begins to rise to his feet instantly, ready to object to the question, but catches himself and turns the motion into just shifting around in his seat instead. Heshouldbe objecting—the question calls for speculation on the part of the witness—but he’snot. He’s holding himself back. If I’m noticing these things, then the legal analysts on the new tonight aredefinitelygoing to pick up on it.
“Oh! I see what you mean,” Arnal says. “No, this is not a normal arrangement. In the five years that Otto and I have worked together, we’ve never worked a club venue like this before. But, this time, the Marquee called and requested that Point Lookout Police Department provide a drug dog on site for this event.”
“That’s… very interesting.” Mark bends down, jots down something on his pad, and taps the back end of his pen significantly on whatever it was he wrote before looking back at the witness. “Officer Arnal, do you know why the Marquee requested your dog on site?”
“No, sir. I do not.”
“There’s an awful lot of coincidences happening here, Officer.Coincidencethat you’re there.Random chancethat you happened to have your dog next to a guitar case containing drugs, when Otto didn’t smellanythingelse, anywhere in the building.”
“Objection!” Gabriel is on his feet. “Counsel is testifying!”
“Sustained.” The judge gives Mark Anderson a stern look. “Is there a question in there somewhere, counselor?”
“Withdrawn, Your Honor.” Mark bows his head apologetically, then takes his seat next to my brother at the defense table. “No further questions for this witness.”
It was a good objection, and Gabriel waited long enough for the jury to hear Mark’s entire question. Mark may have withdrawn it, but you can’t un-ring a bell.
Maureen sat quietly next to me through the entire cross-examination, but now she’s shifting around in her seat.
“Are you okay, ma’am?” I ask. “Do you need me to scooch over a bit?”
“No, sweetie, you’re fine.” Maureen purses her lips, glancing back and forth between Mark and Gabriel. “But there’s something fishy going on here.”