CHAPTER 57

“Please call your first witness, Mr. Corvelli.”

“The defense calls Josh Leffler.”

“Objection!”

“Your Honor,” I say, “Mr. Leffler has been on our witness list now for months.”

“Your Honor,” Maddox says, “Mister Leffler is four years old.”

I turn to Maddox. “How do you know how old he is?”

Maddox looks at me. “What?”

“Counselors,” Maxa says, “for the last time, you will direct any and all comments to the Court. And I’ll see you both in my chambers now.” She raps her gavel and stands. “I believe both of you know the way.”

“What’s going on here?” Maxa says to Maddox once we are safely inside her chambers.

“Mr. Corvelli just called a four-year-old to the stand, Your Honor. That’s what’s going on.”

“How about it, Mr. Corvelli?”

“Your Honor, Mr. Leffler—”

“Stop calling him ‘mister,’ Counselor. It’s not going to affect my ruling.”

Maddox steps in. “Your Honor, it is well-established that minors of Josh Leffler’s age are disqualified from testifying under the Hawaii Rules of Evidence.”

“Mr. Maddox couldn’t be more wrong if he tried, Judge. In fact, the Court in Republic versus Ah Wong determined that, quote, ‘There is no precise age within which children are excluded from testifying. Their competency is to be determined, not by their age, but by their degree of knowledge and understanding.’”

Maxa says, “Republic? When was that case decided, Mr. Corvelli?”

“Eighteen ninety-six, Your Honor. And it is still good law.”

“This is absurd,” Maddox says. “Mr. Corvelli is making a mockery of this Court.”

“Your Honor,” I say, “under Rule 603.1 of the Hawaii Rules of Evidence, a person is disqualified to be a witness only if the person is incapable of expressing himself so as to be understood, or incapable of understanding the duty to tell the truth.”

Maxa holds up a hand. “Let me get this straight, Mr. Corvelli. Months ago you argued that you, an officer of this court, were unfit to serve as a witness in this case. Yet today, you are arguing that a four-year-old is perfectly fit to serve as a witness?”

“Precisely, Your Honor. A witness must possess the capacity to perceive and to recollect. Due to my overindulgence on the evening of the fire, I lacked the true capacity for either.”

Maddox barks out a mad laugh. “I feel like I just stepped into another dimension, Your Honor!”

“Judge,” I say, “when Mr. Maddox rejoins us in this dimension, I suggest he refer to the case of Territory versus Titcomb, in which the Court announced that, quote, ‘The proper test must always be, does the lunatic understand what he is saying, and does he understand the obligation of an oath?’ If so, it is up to the jury to determine the weight of his testimony.”

Maxa frowns. “Are you now telling me the boy is a lunatic, Counselor?”

“No, Your Honor. But the lunatic test does apply here.”

“And you said Territory versus Titcomb, did you not?”

“Titcomb, yes, Your Honor. I thought the name was funny, too.”

“No, I’m not referring to Titcomb, Mr. Corvelli. I’m referring to Territory. What year was that case decided?”

“Nineteen thirty-eight, Your Honor.”

“And do you have any case law, Mr. Corvelli, that is dated in the last sixty years or so, since Hawaii became a state?”

“The cases I’m citing are still good law, Your Honor. They have not been overturned. Whether Hawaii was a state, a territory, a republic, a kingdom, or anything else is wholly irrelevant.”

“Your Honor,” Maddox weighs in, “I’d like some time to research this issue…”

“Denied. You’ve had months since you received Mr. Corvelli’s witness list. You should have done your research during that time, as Mr. Corvelli clearly did.”

“Well,” Maddox tries, “surely Your Honor would like to take the time to research this issue before making a decision of this magnitude.”

“May I?” I say, pointing to the judge’s bookcase. I step past Maddox and remove the Hawaii Rules of Evidence. I open the tome on Maxa’s desk and flip to Rule 603.1. “Here, Your Honor. Each of the cases I cited are right here in the commentary to Rule 603.1. Your research shouldn’t take more than ninety seconds. Mr. Maddox and I can wait in the hall if you’d li—”

“No,” Maxa shouts. “You and Mr. Maddox will wait right here where I can see you. Mr. Curnow from Maintenance adamantly informed me that he’s finished with cleaning up lawyers’ blood outside my chambers.”