Phase 4: Chapter 15

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December 7, 1992. 10:52AM.

As Dana Barnes took her seat at the prosecution table beside Andrew Murray, Jeremy Reynolds rose to his feet to begin his cross-examination of the prosecution's first witness.

"Officer Baines" Reynolds began, "earlier, you stated that the fire on the island was a cause for concern, and put the safety of your unit and the boys in jeopardy, is that correct?"

"Yes" Gregory Baines confirmed.

"Is it likely that you would have investigated the area near the island the boys resided on if you hadn't seen the smoke from the fire?" the defense attorney asked.

"Not likely, no" Officer Baines responded.

"And even if you had entered the area and spotted the island itself, would you have been inclined to investigate it if you didn't see smoke?"

"No" the Marine officer agreed.

"So, without the smoke from the fire, you wouldn't have known that the boys were even on that island, is that correct?" Reynolds rephrased.

"Not without the presence of some kind of rescue signal like an S.O.S." Baines corroborated.

"So it is probable that the boys wouldn't have been rescued that day, or possibly at all, if it wasn't for the fire that supposedly put everyone at risk, correct?"

"It seems so" the officer agreed.

"Earlier you stated that the fire could have been set intentionally, based on the magnitude. Would you deem it possible that could have just as easily been set on accident?" Reynolds asked.

"It is possible, yes" Baines answered.

"The term you used to describe the boys' behavior upon your arrival on the island was 'wild.' You also claimed that it was not something you've seen or expected of prepubescent boys. In what context were you referring to when you described that expectation?"

"No specific context. That claim was based on my own personal experience with children their age" the officer responded.

"Did any of these experiences of yours occur under similar conditions to those in which the boys in the courtroom today were under during their time on the island?" Reynolds asked.

"No, the conditions weren't similar."

"So one could assume that your judgment of the boys' behavior was unfair based on the fact that you compared them to kids who acted under completely normal circumstances, kids who weren't facing severe trauma like these children were out on the island" Reynolds observed.

"Objection!" Dana rose to her feet to loudly declare. "Argumentative."

"Sustained. Is there an actual question in there, Councillor?" Judge Eldeson asked Reynolds.

"Yes, your honor. I'll phrase it as so" Reynolds turned back to the witness. "Officer Baines, do you believe it is fair to judge my clients based on the behavior of children who acted under completely different circumstances?"

"Perhaps not" Officer Baines decided.

"Thank you. That is all I have for this witness" Reynolds rested.

"Officer Baines, you may step down" Judge Eldeson declared as the man exited the witness box. "Your next witness, prosecution" he addressed the two presiding attorneys.

"The prosecution calls Harold Nichols to the stand" Dana announced. Again, all heads turned to watch the witness enter the courtroom. Once he was sworn in by the bailiff, Dana began questioning.

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