Day Two. I'm assuming it's a new day, because Walsh has his first witness on the stand. It's Cindy McConnacle, O'Malley's attorney from the civil commitment hearing. Walsh asks, "You were representing the victim?" Yes. The D.A. continues, "What was the disposition of that motion?" Cindy responds, "The petition was denied. Mr. O'Malley was not committed." What happened after the judge made her ruling? In case anyone missed last week, Cindy eagerly explains that Lindsay was unhappy with the outcome. Walsh leads the witness: "Did she do or say anything?" Yes. Cindy is only too happy to report that Lindsay said, "Come near me and I'll kill you." Walsh confirms, "Those were her exact words?" Cindy exalts, "Yes. Those were her exact words." The prosecutor thanks his witness and sits down.
Ellenor asks Cindy to confirm that the motion to have Lannibal committed was brought by the Commonwealth and not by Lindsay. Cindy snorts, "Your client is close friends with Helen Gamble, a district attorney --" Ellenor interrupts, "Who brought the motion, Ms. McConnacle? Lindsay Dole or the Commonwealth of Massachusetts?" Cindy answers resentfully, "Technically, the state." Ellenor continues, "Did Mr. Walsh ask you to leave that part out?" Kenny objects. West sustains his objection. Ellenor is not fazed. She carries right on interrogating the perennially perky Cindy McConnacle. "You testified that my client was not happy by the ruling. She was a little more than 'not happy,' wasn't she?" Cindy tries to qualify her answer, but Ellenor is on a tear: "She jumped up in court and called the judge crazy. Did you not hear that?" Cindy testifies she did, in fact, hear that. It's almost as if Ellenor wants to testify. She's not really asking any questions. "As far as courtroom decorum goes, she was out of control, wasn't she?" Ah, Cindy's too quick for Ellenor. She replies, "I'm not going to have you put the words 'out of control' in my mouth, Counselor." Ellenor rallies, "Did it get to a point where the judge had to threaten Lindsay with contempt?" Cindy insists that that's Ellenor interpretation, because the judge never used the word "contempt." Ellenor finishes, "So it would be your interpretation that Lindsay was not happy." Cindy agrees.
Ellenor starts to walk back to her table, but wait, she's not done; she's got a secret weapon. She turns back around and asks, "By the way, in your opposition to Mr. O'Malley's commitment, you argued that instead of incarceration he should receive treatment. Did you not?" Cindy utters a very small, "Yes." Ellenor's got her by the throat: "And as one vested in safeguarding his interests, did you take any steps to ensure he got that treatment?" The short answer? No. She didn't. Perky little Cindy McConnacle sat by and watched O'Malley walk out the door without any treatment whatsoever. Ellenor taunts, "Was it because you really didn't think he needed the treatment, or was it that you just couldn't be bothered?" Walsh objects. Before the judge can respond to the objection, Ellenor snaps, "I'm sorry, but I will not conceal my disgust here. Mr. O'Malley might not be dead had this witness done her job." Walsh re-objects. Ellenor doesn't even hear him because she's talking so loudly: "You kept him on the street, you took your fee and you did nothing." Walsh leaps to his feet and shouts "objection" at the top of his lungs. The judge squeaks out a little, "Ms. Frutt." Ellenor winds down: "But at least you make for a great witness." The judge finally finds his legs: "Ms. Frutt! You are one remark away from a jail cell." Ellenor listens to the judge and walks slowly back to the D-Fence table.