“I’m sorry, Your Honor. I don’t wish to do that.”
Judge Crandell’s lips clamped together. “Very well. Miss Benton.”
Sheila, startled at being addressed, said, “What?”
“Have you heard what your attorney asked the witness?”
“Ah, yes.”
“Call me Your Honor.”
“Yes, Your Honor.”
“Do you object to what your attorney is doing?”
Sheila looked sideways up at Steve. He looked down at her. His face was neutral, like that of a poker player running a bluff. She couldn’t read it at all.
She looked back at the judge. “No, Your Honor.”
Judge Crandell looked greatly displeased. “Very well,” he said. “The witness will answer the question. Court reporter will read the question.”
The reporter pawed through his paper tapes. “Question: ‘Having examined the fingerprint evidence in this case, have you reached an expert opinion as to the guilt or innocence of the defendant?’ Answer: ‘I have.’ Question: ‘And what is your expert opinion?’”
Steele took a breath. “It is my expert opinion,” he said, “that the defendant, Sheila Benton, stabbed the decedent, Robert Greely, with the knife.”
A gasp went up from the audience in the courtroom, followed by a loud murmur.
District Attorney Dirkson grinned broadly.
Judge Crandell frowned, and banged for silence.
Steve smiled and held up his hand.
“Thank you very much, Mr. Steele. Now then, you have testified that in your expert opinion, Sheila Benton stabbed Robert Greely with this knife. You base your opinion on her fingerprints, which you have marked on the handle of the knife with masking tape and pen. Now, I am going to ask you to take hold of the handle of the knife in your right hand, and place your fingers in the positions of the prints which you have marked on the handle.”
Steele took the knife and positioned it in his hand, lining up the finger marks.
Steve looked at him and smiled. “That’s what I thought, Mr. Steele.”
Steele looked at him. “What?”
“When you put your hand on the knife in the position you claim the defendant held it, you’re holding it like a sword, out in front of you. Your thumb is on the part of the handle closest to the blade of the knife, and your fingers are curled around the handle behind it. Now is that not the position in which you would hold the knife to carve a roast?”
“Objection,” Dirkson said. “What the witness would do is incompetent, irrelevant and immaterial.”
“I’ll withdraw the question, and ask another. You testified that in your expert opinion Sheila Benton stabbed the victim while holding the knife in the manner in which you are now holding it. In your expert opinion, is it possible to stab someone in the back while holding a knife like that?”
“It is.”
“Is it?” Steve said. “Stand up, please.”
“I beg your pardon?”
“Stand up.”
“May I ask the purpose of this?” Dirkson said.
“This witness has testified that my client stabbed the decedent with this knife. I intend to test his recollection, and his qualifications.”
Reginald Steele looked up at Judge Crandell for guidance.
“Counsel is within his rights,” Crandell said. “The witness will stand up.”
Steele rose.
“Come down here,” Steve said. “Yes. That’s right. Right down here with me.”
The witness did as he was instructed.
“You are now holding the knife in the manner in which you say the fingerprints indicate the defendant held it?”
“That’s right.”
“Fine.” Steve turned his back to the witness. “Stab me in the back.”
There was a moment of stunned silence, then gasps of shock, and a murmur of voices ran through the courtroom. Dirkson lunged to his feet. “Objection!” he blurted.
Steve pitched his voice above the din. “Stab me in the back,” he repeated.
The courtroom was in an uproar. Dirkson was trying to shout over the noise.
Crandell banged the gavel. “Order! Order!” he roared.
The courtroom quieted. Crandell glared down from his bench. “Please be advised that this is a courtroom, not a sideshow. If we cannot have order, I will have the spectators removed. Is that clear?”
Crandell’s eyes swept the room. No one moved.
“Now,” Crandell said. “Mr. Prosecutor, if you have an objection, please state it.”
“Yes, Your Honor,” Dirkson said. “Counsel for the defense has asked this witness to stab him in the back. I maintain that this is not proper cross-examination. It is a stunt, a theatrical exercise, and is totally out of place in a courtroom. I assign it as misconduct.”
Judge Crandell frowned. “This is the second time this morning the charge of misconduct has been raised.”
“May I be heard, Your Honor?” Steve said.
“You may.”
“Your Honor, this witness is an expert technician in the employ of the police department. He has testified that in his expert opinion, the fingerprint evidence that he found on the knife indicates that the defendant killed Robert Greely. That testimony is an utter falsehood, founded only upon this witness’s bias in favor of the prosecution, and made only with the intention of prejudicing the jury against the defendant. I intend to make the witness retract that testimony, and I am going to cross-examine him on it until he does so, even if it takes all afternoon.
“The witness has stated that Sheila Benton held the knife in the manner in which he is now holding it, and stabbed the decedent. That is utter nonsense. The medical evidence indicates that the blow was struck by someone stabbing the knife down into the back of the victim. I have asked this witness to stab me in the back, holding the knife the way he says Sheila Benton held it. He can’t do it. He can’t do it, and he’s a good four inches taller than she is. He can’t do it because he’s holding the handle like a sword, with his thumb in the position on the handle closest to the blade, and the fingers behind it. Whereas, to have inflicted the fatal blow, it is clear the assailant must have held the knife the other way, with the thumb toward the end of the handle, and the fingers closer to the middle of the knife, so that the knife could be stabbed down.
“These are clear and incontrovertible facts, which would be admitted by any witness that was not prejudiced in favor of the prosecution, and I intend to make this witness admit them if it takes all day.”
“Your Honor,” Dirkson said. “Counsel has no right to argue the case at this time.”
“Exactly,” Crandell said irritably. “Mr. Dirkson, no further argument is needed at this time. Nor from you, Mr. Winslow. The Court is going to make a ruling. But first the Court is going to charge the jury.” Judge Crandell turned to the jury and addressed them. “I want the jurors to understand that the remarks of the defense attorney are not in evidence, and you should give them no weight. He was arguing why he should be allowed to question the witness on the point. His arguments on the point, the contentions that he has made, are his and his alone, and do not constitute evidence. The only thing you are allowed to consider as evidence in this case is the body of pertinent questions that are asked, and the answers they elicit.” Crandell turned back to the attorneys. “The Court is now going to rule. The Court is going to rule,” Crandell said, with a trace of an ironic smile, “that it is not incumbent upon this witness to stab the defense attorney in the back. In other words, the objection is sustained. However, Mr. Winslow is quite correct in his contention that he be allowed to cross-examine the witness on the statement that he made, and the Court is going to allow any reasonable amount of pertinent questions on that subject. Now, Mr. Winslow, aside from asking to be done bodily harm, you are free to question the witness.”
“Thank you, Your Honor,” Steve said. “Mr. Steele, if you would care to sit down.”
Steele returned to the witness stand.
Steve stalked him, as a cat might stalk a mouse.