In Steve’s opinion, she had been brilliantly coached.
Carla Finley took the stand, and, in soft, halting tones, guided by Dirkson’s skillful questioning, stated that she had known the deceased, Robert Greely, in his lifetime, that she had gone to the morgue to identify a dead body, and that the dead man was the man whom she had known as Robert Greely.
“That’s all,” Dirkson said.
Carla Finley got up to leave the stand.
Steve rose to his feet. “I have a few questions on cross-examination,” he said. He crossed to the witness stand. “Now. Miss Finley, you say you recognized the body as that of Robert Greely?”
“Yes.”
“How long had you known Mr. Greely?”
“About five years.”
“Did you meet him through your work?”
Dirkson was on his feet. “Objection, Your Honor. This witness was called for a limited purpose, that of identifying the body. Let counsel confine his questions to that. These matters he is touching on are incompetent, irrelevant and immaterial.”
Judge Crandell leaned over the bench. “I think the objection is well taken. The witness was called for a limited purpose.”
“Yes, Your Honor,” Steve said. “Identifying the body. Which is what I’m going into. Surely the accuracy of her identification of the dead man will depend on how well she knew him. Which is what I’m going into.”
Judge Crandell narrowed his eyes. “You’re questioning the matter of identity?”
“I don’t know, Your Honor, because I haven’t asked my questions yet. But I certainly intend to ask them. So far, all we have in evidence here is the fact this witness claims the dead man was Robert Greely. I certainly intend to find out on what grounds she bases her claim.”
“Very well. The witness will answer the question.”
“The question,” Steve said, “was did you meet him through your work?”
“Yes.”
“What were you wearing at the time?”
“Objection, Your Honor,” Dirkson said. “Incompetent, irrelevant, and immaterial.”
“Sustained,” Judge Crandell ruled.
“May I be heard, Your Honor?”
Judge Crandell shook his head. “The question is clearly improper.”
“Very well.” Steve turned back to the witness. “Then let me ask you this-were you wearing anything at the time you met Robert Greely?”
Dirkson was on his feet shouting. “Your Honor! Your Honor! Objection. I charge the asking of that question as misconduct. Your Honor has already ruled.”
“Mr. Winslow,” Judge Crandell said sternly. “I believe the prosecutor is correct. Your question borders seriously on misconduct. I may have to find you in contempt of court. Before I do, do you have any explanation to make for asking such a question?”
“I do, Your Honor.”
“Then would you please explain?”
“Certainly, Your Honor. I am trying to find out the basis for Miss Finley’s identification of the dead man. She has testified that she met him through her employment. It happens that Miss Finley is employed as a nude dancer in a peep show on Forty-second Street. I am attempting to find out if Mr. Greely was merely a customer in that establishment, for surely the identification of someone who was a longtime friend of the decedent will be more forceful than that of a nude model who knew him only as a customer who used to ogle her naked body in a peep show.”
Dirkson was on his feet to object, but Carla Finley beat him to it. “You son of a bitch!” she shrieked from the witness stand. Her demure manner was completely gone and her eyes were blazing.
The court burst into an uproar. It took Judge Crandell five bangs of the gavel to quiet it.
“That will do,” Judge Crandell said. “Mr. Prosecutor, please be quiet. I will handle this. Now then, Mr. Winslow,” Crandell went on, “have you any reason at all, however remote, why I should not consider the statement you have just made contempt of court?”
“Certainly, Your Honor.”
Crandell gawked at him. “You do?”
“Yes, Your Honor. I made that statement in response to a direct question by you, asking me to explain my reasons for asking the witness if she was wearing anything at the time she met Robert Greely. I had no choice but to make it, since the question was a directive from the court. In fact, had I not made that statement, I would be in contempt of court.
“If I am in error, I would like to apologize to the court and to the prosecutor. And as far as the question itself goes, I will not pursue this any further, I will withdraw it. And I have no further questions of this witness.”
Dirkson started to say something, thought better of it and held his tongue.
Crandell glared down at Winslow, trying to think of the proper rebuke. None came to mind.
“Very well,” Crandell said. “I am holding the matters of misconduct and contempt of court under advisement. I shall rule on them at a future time. For the time being, the question is withdrawn. The witness is excused.”
Steve bowed to the judge and returned to his table. As he sat down, Sheila leaned over and said, “Why did you do that?”
“What do you mean?”
“That didn’t accomplish anything. That poor woman. What difference does it make what she does for a living? She loved that man and she’s upset. Why did you have to do that?”
“The prosecutor was trying to play on the sympathies of the jury. So they dress her in black and play her up as the bereaved. I had to counteract that. I did it.”
“It wasn’t right.”
“Your displeasure is noted.”
Judge Crandell banged his gavel somewhat irritably. “Call your next witness.”
Dirkson recalled Reginald Steele. This time the prosecutor took pains to qualify him as an expert, asking for his education, training and experience as a police technician.
Steele gave them with some pleasure. He was a tall, thin man with a sort of squashed-in-looking face, that still managed to have that aloof quality of some expert technicians. He had been somewhat uncomfortable during the knife-identification sequence, but in giving his qualifications he was smug.
“Now Mr. Steele,” Dirkson said, after he had qualified the witness, “you testified that you developed fingerprints on the murder weapon, People’s Exhibit number one?”
“Yes, sir.”
“And did you subsequently identify those prints?”
“I did.”
“Whose prints were they?”
“The prints of the defendant, Sheila Benton.”
Dirkson nodded at Winslow. “Cross-examine.”
Steve got to his feet, crossed to the witness and smiled.
“You say you found the fingerprints of the defendant on the knife, Mr. Steele?”
“That is correct.”
“I notice the district attorney didn’t ask you if you found anyone else’s fingerprints on the knife.”
Reginald Steele said nothing.
“Can’t you answer that, Mr. Steele?”
“No I can’t.”
“Why not?”
Steele smiled. “Because it isn’t a question.”
Laughter greeted this sally. Dirkson let the jury see his broad grin.
Steve smiled back at the witness. “You’re right. It isn’t. So let me ask you some questions. Did you find the fingerprints of anyone else on the knife?”
“No. I did not.”
“You found only the fingerprints of the defendant?”
“That’s right.”
“How many fingerprints did you find?”
“I found four legible fingerprints. That is, four prints that were clear enough to classify and identify.”
“And what prints were they?”
“I found the print of the defendant’s right thumb, right index finger, right middle finger, and right ring finger.”