“Sustained.”
“Mr. Selby, in the course of that search, you had a conversation with Captain Walter Slocum. Would you tell the court the substance of that conversation?”
Selby briefly retold the details of his meeting with the captain and Sergeant Wilger in the office of the detective division.
Davic then shifted to the testimony of Trooper Karec. He took Selby back to the night Shana had been kidnapped and raped, emphasizing again for the jury that Selby’s “delaying” tactics had impeded the start of the police investigation by a full four hours.
Brett objected forcefully to the use of the word “delaying,” and the bench ordered it struck. The jury, of course, heard it.
Davic shifted again. “Isn’t it true, Mr. Selby, that Captain Slocum told you to bring any further information about your daughter’s alleged rapist directly to him?”
“Yes.”
“But isn’t it a fact that you ignored those orders? That you continued to look for him on your own?”
“That’s right.”
“Specifically, didn’t you acquire tracking dogs from a Casper Gideen to search an area along Dade Road?”
“Yes.”
“Without notifying Captain Slocum or anyone else in his division?”
“Yes.”
“According to testimony elicited by the People’s attorney, you gave the photograph of a certain license plate to Captain Slocum. Later — the following morning — you had another conversation with Captain Slocum. Would you tell the court the substance of that conversation?”
“The captain said he talked with Earl Thomson and that Thomson had an alibi for the night my daughter was raped.”
“I submit the captain put it much more emphatically. Didn’t he tell you there was no conceivable way that Mr. Thomson could have been involved in those attacks on your daughter? That he was, in fact, dining with his mother at the time they occurred? And that he was not a suspect in any way whatsoever? Didn’t he tell you those specific things, Mr. Selby?”
“Yes.”
“But you nonetheless permitted your daughter to go to Longwood Gardens and accuse Earl Thomson of raping her? Isn’t that true, Mr. Selby?”
“She went on her own, but—”
“Do you seriously expect the court to believe that?”
“Objection. The question implies a contemplation of perjury.”
“Sustained.”
Davic shrugged. “Mr. Selby, after Vinegar Hill burned down, after the house had been gutted by flames, soaked with tons of water by county firemen — then, and only then, did you take your daughter there. Correct?”
“Yes, that’s right.”
“What did you expect her-to find in that soaking heap of charred rubble?”
“I wasn’t sure. Something to jar her memory...”
“You weren’t sure? May I suggest a reason? You went there after the house had been gutted by fire because then you could claim that all evidence against any alleged rapist had been lost in the flames. If your suspicions were anything but delusions, I suggest you would have taken your daughter there before the fire. Isn’t that true, Mr. Selby?”
“Your Honor, may I instruct Mr. Selby not to answer that question?”
“Yes, Miss Brett. The word ‘delusions’ will be struck from the transcript.”
Ignoring these exchanges, Davic abruptly directed his examination to the statement from the security officer at Longwood Gardens.
“In Officer Summerall’s words,” Davic said, “you shoved Earl Thomson’s friends so violently that they fell backward over their motorcycles. Is that a fair statement, Mr. Selby?”
“Yes, I’d say it is.”
“You’re aware that both of these young men were treated for abrasions and contusions at Chester General Hospital?”
“I heard something about that.”
“Were you concerned for their welfare?”
“No, not particularly.”
“I trust the jury will note your casual attitude toward the young men’s injuries. You are also aware then, that Earl Thomson, trying to get away from you, crashed into the glass of a greenhouse and as a result very nearly lost the sight of an eye?”
“I was told that by his father, and by you, Mr. Davic, just before the warrant was served on Earl Thomson for raping my daughter.”
“Your Honor, I ask that you warn the witness about these gratuitous responses.”
“Mr. Selby, when a yes or a no is sufficient, you will spare us embellishments.”
Davic said, “You admit you are aware that Earl Thomson suffered an injury to his eye? Yes or no?”
“Yes.”
“And isn’t it a fact, Mr. Selby, that these attacks on Earl Thomson and his friends occurred many hours after you had been informed by Captain Slocum that Earl Thomson could not possibly have been responsible for the harm done to your daughter? Aren’t those the indisputable facts, Mr. Selby?”
“Yes... after he said those things...”
“Then let me ask you this, Mr. Selby. And my question goes to the heart of the matter. Outside the issues at trial in this court, do you have a personal or emotional bias against the defendant?”
“No, I don’t.”
“Against his father, George Thomson?”
“No.”
“Prior to the issues at trial, did you have any reason to believe either of them had wronged you or your family?”
“No.”
“You had no information about them whatsoever?”
“No, I didn’t.”
Davic asked the court’s permission to confer with his associates. As he spoke to the other attorneys, Earl Thomson leaned close to follow the exchanges.
Earlier Selby had told Brett what he’d learned the night before, without mentioning Mooney’s name. But she had explained that Earl Thomson’s prior sexual assault convictions, however violent or numerous, couldn’t be introduced at this trial. “Priors,” as they were known, could only be admitted if the defendant were found guilty, and then only as an aid to the jury in determining sentence.
Judge Flood glanced up. “Mr. Davic, would this be a convenient place to recess for lunch?”
“Whatever is the pleasure of the court,” Davic said.
“We will recess until two o’clock then.”
Flood retired to chambers, the stenographer covered her machine and the spectators filed out past the marshals. It hadn’t gone well, Selby knew. Davic seemed too confident. His manner suggested he’d got hold of something damaging, but Selby didn’t have a clue what it could be.
The defense team went down the aisle, a TV crew following them to the corridor, where reporters and photographers waited. The media pack scenting the winner, Selby thought.
Collecting her papers, Brett said, “We’ve got some things to talk about, Harry. Could you stop by my office after lunch?”
“Sure.” He smiled at Shana. “What’re you in the mood for?”
“Anything, a Coke and hamburger, it doesn’t matter.”
Allan Davic and George Thomson lunched at a country club outside of Wilmington. Their corner table faced a duck pond and rows of forsythia and workmen repairing greens and fairways. Thomson ordered a double martini; the lawyer a glass of white wine. They both decided on the mixed grill.
Thomson said abruptly, “I was pretty goddamn uptight the night that warrant was served on my son.”
“That’s understandable. You were angry, which is natural.”
“But it’s not always the best time to make a decision. You’ve read the transcript?”
“Yes, of course. I laid the groundwork for Selby’s motive this morning. This afternoon I’ll introduce the transcript of his father’s court-martial, and develop your relation to it. It won’t be difficult to convince the jury that Selby lied under oath.”