FINAL APPEAL
Prosecution:
Q: Then what happened?
A: They talked for a while, Dr. Biandi came back went out the back door.
Q: And what did you do?
A: We had another cup of coffee and then we left.
Q: How long after Mrs. Biandi left until you left Ms. Brady?
A: I would say twenty (20) minutes, maybe a half an hour, but twenty (20) minutes for sure.
Q: Tell us what happened then.
A: She was just waiting there. Waiting by the trunk of her car. She had a gun in her hand, she shouted something, she swore at me and called me a name and then she shot me. I felt this incredible pain here, I heard an explosion and then I kind of fell forward. Ed, Dr. Biandi ran past me, he said Christine put it down, for God's sake, for God's sake and then she shot him. She just kept shooting, and then he fell and the way he fell, I knew he was dead.
Q: I have no further questions, your witness Mr. Sunquist..
Defense:
We have no questions at this time.
Your honor, at this time we'd like to call Zack Biandi please.
Q: Do you know what this is Zack?
A: It was my daddy's.
Q: Where did your daddy use to keep this?
A: Over the fireplace.
Q: Over the fireplace? But it hasn't been hanging over the fireplace for a long time now has it, it has been missing, hasn't it? Where was it?
A: In my room.
Q: And where in your room was it Zack?
A: In my toy box.
Q: Would you please pass that to the members of the jury, be very careful, it is very sharp. Now Zack, would you tell the people in the court why that very big, very sharp knife was in your toy box among your stuffed animals and your other play things? Why Zack?
A: I was hiding it from my daddy.
Q: And why were you hiding it from your daddy Zack?
A: Cause he scared mommy with it.
Q: I'm sorry, would you say that a little louder.
A: Because he scared mommy with it.
Q: And how did he scare mommy with it Zack? It's ok, tell us, how did he do it?
A: He chased her with it. He would swing it at her and swing it at her and he said, he said, he said . . .
Q: What did he say Zack?
A: . . .he said he would cut off her head and she wouldn't even feel it.
Q: He would cut off her head and she wouldn't even feel it. Thanks Zack. Your witness.
Prosecution:
Q: Zack, you didn't like your father very much did you?
A: I loved my daddy, it's just sometimes he scared me.
Q: Thank you, that's all.
Judge: Well counsel, shall we proceed? Mr. Sunquist? Mr. Sunquist?
Defense: Well your honor. . .Ms. Brady. . .
Q: In your previous testimony, you stated that you were standing on the other side of the garage some distance away from Mrs. Biandi when she shot you, is that correct?
A: Yes sir.
Q: About how far would that be would you say? Fifteen (15) feet, twenty (20) feet twenty-five (25) feet?
A: I would say twenty (20) feet.
Q: Twenty (20) feet. And what were you wearing at the time?
A: A green blouse and skirt.
Q: They would have been pretty badly blood stained I would think, is that correct?
A: Yes sir, they were.
Q: Hmm. Where are those garments?
A: I don't know, they were ruined.
Q: You didn't give them to the police?
A: No sir.
Q: Is this the blouse you were wearing?
Prosecution: Objection. Your honor we don't know anything about the chain of custody of these garments, she has already said she doesn't know where they were.
Defense: Your honor, it's a simple question, was she wearing this blouse?
Judge: The witness may answer whether that's her blouse or not.
A: That is my blouse.
Q: Thank you. No further questions at this time.
Judge: Ms. Cartier?
Defense: We would like to call police detective Ayres to the stand please.
A: No sir, we never saw the blouse, we never asked her for it.
Q: Well why not? I mean wouldn't this garment have considerable value as evidence in this investigation?
Prosecution: Your honor he's asking him to speculate.
Defense: Your honor, Detective Ayres is an experienced police officer who has conducted hundreds of investigations. Now it is the contention of the Defense that the original investigation of this case was inadequate. Woefully inadequate. This lead to a wrongful indictment and a wrongful prosecution. Detective Ayres, at a considerable risk to his career is willing to testify to this effect.
Prosecution: Your honor, Detective Ayres is a loose cannon in the police department. His incompetence and disloyalty have been demonstrated time and time again. His testimony will be prejudicial and irrelevant to this case.
Judge: Mr. Sunquist, if this is going where I think it is going, I want to withdraw the jury. Bailiff, show them out. Proceed Mr. Sunquist.
Q: Detective Ayres, would you please tell the court the possible relevance of that this garment might have to this investigation.
A: Well the two (2) witnesses directly contradicted each other. Ms. Brady claimed she was shot at a distance. Mrs. Biandi said she fired in self defense at point blank range, so we would examine the garment for gunshot residues and body burns.
Q: But, in this investigation, no attempt was made to locate this garment?
A: No sir.
Q: Now detective Ayres, did you continue this investigation on your own after this case was brought to trial?
A: Yes sir I did.
Q: Why did you do that?
A: Why sir? It's my job. I like doing my job.
Q: Detective Ayres did you receive any communication about your effort to do your job from anyone connected with this trial?
Prosecution: Your honor. . .
Judge: Answer the question Detective Ayres.
A: I did. I was ordered to desist.
Q: You were ordered to desist in this investigation by whom sir?
A: By the Assistant District Attorney.
Prosecution: Your honor, this is entirely improper and I can explain what happened.
Judge: Sit down Mrs. Cartier. You will be asked for a full report on this in another forum at which time Mrs. Cartier, you will have an opportunity to explain your actions. Now getting back to the matter at hand, Detective Ayres, I assume that you found Ms. Brady's blouse during the course of your unofficial investigation?
A: With the assistance of Mr. Sunquist, yes your honor, I did.
Judge: What did you do then?
A: I took the garment to the police forensics laboratory where they ran the standard tests. Powder burns and gunshot residues were found in this area right next to the bullet area at the abdomen.
Q: Indicating what?
A: Indicating that the victim could not have been any further away than a foot from the weapon at the time it was discharged.
Q: So she couldn't have been on the other side of the garage some twenty (20) feet away?
A: No sir, that would have been impossible.
Judge: Mr. Sunquist, you will repeat your questions of Detective Ayres with regards to the forensic evidence only for the benefit of the jury. Bailiff, please call the District Attorney and tell him I would like to meet with him in my chambers after we finish here today. Now bring in the jury please.
Judge: Has the jury reached its verdict?
Foreman: Yes your honor we have.
Judge: Will the Defendant please rise.
Foreman: As to the charge of Murder in the First Degree, Premeditated Murder, we find the Defendant not guilty.
THE END