Judge Wells clearly agreed. She cast Luke a look of disdain. “Sustained. Wrap it up, Mr. Baxter.”
Luke was fine with the reprimand. It was enough that the jury had seen the presentation folder, that they were aware facts supported the very real truth: Hamilton High was a better place because of the Bible study program. He nodded at the judge. “Thank you, Your Honor.”
Luke went on to talk about the establishment clause. He didn’t dwell on the details. Didn’t want to give the jury a reason to lose the emotion of his opening statement. Details would come later. Rather he summed it up by reminding the jury that the founding fathers never meant to have freedom from religion. But freedom of religion. Freedom to practice religion where it was so desired.
The way it was at Hamilton High.
Finally Luke turned again to the jury. “I have to tell you something, friends. Mr. Landsford is wrong about one thing. This trial won’t be quick.” Luke paused. “The truth is this trial might take more than a few days of your time.” Luke allowed a sense of indignation in his tone. A passion that hadn’t been there before. “Men and women have fought and died for the privilege we enjoy today, the privilege of meeting in this courtroom and deciding the fate of a man like Principal Quinn.
“Today, here in this courthouse, you, my friends, are the heroes. Not because you stormed a beach or were deployed to the Middle East. But because you gave up your very valuable time in the quest for freedom.” Luke looked each of the jurors in the eyes once more. A few of them were nodding along. “Thank you for that. Thank you.”
Luke took his seat and waited. Never had he expected his opening statement to be so well received. His heart was beating out of his chest, but he couldn’t show it.
Landsford rose and called his first witness. Head of the Indianapolis Public Schools board, James Black. Again Landsford seemed intent on rushing through his questions. His attitude screamed indifference. As if he were merely going through the motions so he could get his friends, the jurors, home as soon as possible.
“Mr. Black, do you have a school policy prohibiting teachers or administrators from leading after-school Bible study programs?” Landsford glanced at the jury, as if the answer were painfully obvious.
But this time the answer seemed anything but obvious to James Black. The man hesitated and squirmed in his seat on the witness stand. He shot a quick look at Wendell Quinn and then back at Landsford. “No, sir. We . . . uh, we don’t have anything specifically written out.”
Landsford was as good an actor as any lawyer, but even he couldn’t hide his surprise. He checked the notes on his desk, clearly scrambling for a way to rebound. He tried again. “Okay, so you have nothing in writing, but would you say it’s against the intentions of the school board members for a teacher or administrator to lead an after-school Bible study group?”
Luke was on his feet. “Objection, Your Honor. Innuendo.” Luke kept his tone pleasant. He gave a slight nod toward the judge. “Mr. Landsford couldn’t possibly speak for every single school board member.”
Luke could tell Judge Wells didn’t like the way this was going, but it seemed she had no choice here. The way Landsford had worded his question, Luke was well within his right to object. Landsford had set himself up to fail.
The judge cleared her throat. “Sustained.” She cast a disapproving look at Luke’s opponent. “The prosecution will limit questions to the scope of the witness’s knowledge.”
Luke sat down. Again Landsford looked horrified. He didn’t address the judge. Instead he faced the witness once more. “Would you consider it a violation of duties for a teacher or administrator to lead an after-school Bible study on campus at one of your schools?”
“Would I consider it a violation?” James Black squinted, as if he was more confused now than before. “Yes. But we go by the book at our district. And there is no explicit law on the books prohibiting such an action by anyone on our staff.”
“Are you disappointed that Mr. Quinn took such an action?” Landsford clearly had no choice but to change the direction of the questioning. He could’ve mentioned precedent cases here, asking James Black if he was familiar with a whole list of cases.
But he didn’t. Luke could only silently thank God for the fact.
Black looked at Wendell. “Yes. I’m very disappointed. None of us wanted this media circus.”
Landsford looked satisfied. “No further questions.”
It was Luke’s turn. His opponent had unwittingly given him a gift. By the nervous look on Landsford’s face, the man clearly knew what was coming. Luke stood in front of the witness and forced himself to feel relaxed. “You told this court there is no policy prohibiting one of your teachers or administrators from leading an after-school Bible study, is that right?”
“There will be after this.”
“Stick to the question, please, Mr. Black. Is there such a rule or not?”
“No.” Black breathed in sharp through his nose. “The Indianapolis Public Schools district has no such rule.”
“Very well.” Luke looked at the jury for a moment, letting the reality sink in. Then he turned to the witness once more. “Are you aware, Mr. Black, that after one year of the Raise the Bar club, the homicide rate at Hamilton High is down?”
Black’s face screamed disdain for the question. “Yes, I’m aware of that.”
“And are you aware that after a year of this club’s meeting every week, test scores for Hamilton High students are at an all-time high?”
Landsford slammed his hand on the table in front of him. He jerked his chair back and stood. “Objection. Mr. Baxter must limit his questions to the scope of the direct testimony.”
Luke didn’t give the judge a chance to respond. “That’s what I’m doing, Your Honor.” He looked at the court reporter. “If the court could please repeat the witness’s testimony beginning with Mr. Landsford’s question that reads ‘Are you disappointed that Mr. Quinn took such an action?’?”
Judge Wells sighed. “Very well. Go ahead. Read the testimony.”
The court reporter did as she was asked. She read Landsford’s question again and then the answer from James Black, stating that yes, he was very disappointed. Luke turned to the judge. “When Counsel suggested that the witness had a reason to be disappointed, it allowed the introduction of information that might not make him disappointed.” Luke paused. “What’s brought up in the direct is permissible in the cross. As you know, Your Honor.”
She raised her eyebrows halfway up her forehead. “Be careful, Mr. Baxter. You’re walking a thin line here.”
Actually, Luke was working within the law. But he had won this point, so he smiled. “Yes, ma’am.”
Luke waited until Landsford returned to his seat. Then he shifted his attention to the witness once more. He asked James Black again if he was aware of the increased test scores. And if he was also aware of the improved attendance records at Hamilton High, the decreased gang activity and the reduction in teen pregnancies. To each of these questions, Black responded that yes, he was aware.
“And are you disappointed in these improvements, Mr. Black?” Luke refused to allow even a hint of sarcasm in his tone.
“Of course I’m not disappointed.” The witness looked at Wendell and his expression eased a little. “I’m very happy with the changes at Hamilton.”
Luke had to be very careful with his next question. “And would you agree that the time frame for these positive changes at Hamilton High coincides with the existence of the Raise the Bar Bible study club?”
There was only one way for Black to answer. This wasn’t his opinion now, it was fact. “Yes.” He gave a slow nod. “The dates do coincide.”
Another small victory.