“So you think Jack Walsh-”
“It’s not what I think,” Steve said. “It’s a case of what might have happened. I have to create reasonable doubt. To explain the facts of this case by a reasonable hypothesis other than that of guilt. Well, that’s the hypothesis. Say Jack Walsh takes the gun. Gets Jeremy down there, writes the will. Sends Jeremy away. What happens then? Jack Walsh finds some old bum-probably has the guy already lined up. The requirements aren’t that rough. Has to be an elderly white man about Jack Walsh’s size and weight, and he’s gotta have no teeth. So what does he do? He takes the man to the 66th Street Station, gives the man his coat with his wallet in the pocket. Probably gets the man drunk so he passes out. Then he probably waits until an express is going through the station so no one will hear the shot, and he takes Jeremy Dawson’s gun and plugs the guy in the back of the head. Then he douses the body with gasoline, sets it on fire, and gets out of there. Sometime later that night he breaks into the high school, sticks the gun back in the locker, and takes off free as air, leaving his relatives to stew over the results.”
Steve shrugged. “And there you are. A reasonable hypothesis other than that of guilt.”
“Yeah,” Tracy said. “Very reasonable. You’re trying to prove the corpse committed the murder.”
Steve smiled. “There is that one small drawback.”
The phone rang.
Tracy leaned forward, scooped it up. “Steve Winslow’s office.” She listened a moment, said, “O.K., come on down,” and hung up the phone. “Mark Taylor. Says he’s got something hot.”
“Good or bad?”
“He didn’t say.”
“Christ, let it be good for once. It’s about time we got a break.”
Tracy looked at him. “Are you serious? About Jack Walsh, I mean. About Jack Walsh doing all that? I mean, do you really believe it?”
Steve shook his head. “Hell, I don’t know. Tracy, I’ll tell you honestly, I sift through the facts, and I make up this bullshit off the top of my head, and sometimes I think it’s right. Sometimes I think it’s true.” Steve took a breath and looked her right in the eye. “And sometimes I’m just like you. Sometimes I think Jeremy Dawson’s a lying little punk who set the whole thing up and killed Jack Walsh to feed his crack habit. I have to put that behind me, ’cause I’m his lawyer and I can’t think that way. But if you want the truth, the truth is I’m insecure and I always have doubts, and defending this case is not exactly my idea of a good time.”
They looked at each other for moment.
Tracy said, “Hey look, I’m sorry if-”
“Forget it. I understand you not liking this case. But do me a favor. Every time you get too pissed off at me for what I’m doing for Jeremy Dawson, ask yourself how you’d feel if I was defending that rich guy’s son who killed his girlfriend.”
Mark Taylor opened the door to find the two of them looking at each other.
“Am I interrupting something?”
“Not at all,” Tracy said. She straightened up and shoved on her glasses. “Steve’s just giving me his new version of the case. It turns out the corpse committed the murder.”
Taylor looked at Steve. “That’s the angle?”
“That’s it. You got anything that’ll help?”
Taylor flopped into the clients’ chair, shook his head. “No, and you’re not gonna like what I got. Pipeline got the word from headquarters. Dirkson’s all in a dither about the question of identity. Turning the place upside down trying to get something that’ll stick. Medical examiner’s workin’ overtime on the body, looking for something he missed. Cops are interrupting him every five minutes trooping people in there to look at the body, even though they know it’s a lost hope. And Dirkson’s questioning everybody he can get his hands on.”
“Yeah? So?”
“So they got something. I don’t know what it is, but they got something. Lids on, so my man can’t find out what. Only one thing he knows for sure.”
“What’s that?”
Taylor grimaced. “Hate to rain on your parade. They I.D.’d the body as Jack Walsh.”
34
Judge Grimes looked down from his bench at Steve Winslow and Harry Dirkson. “Gentlemen. Since yesterday I’ve gone over the testimony of the witness, Joseph Bissel, and considered Mr. Winslow’s motion. I am now prepared to rule. However, as I now understand it, Mr. Dirkson has some new evidence which could render my ruling moot. Nonetheless, here is the situation. With regard to the motion to strike the testimony of Joseph Bissel, it is at least in part denied. An examination of his testimony shows that it is not true that the sole purpose of the testimony was to implicate the defendant, Jeremy Dawson, in the crime. Indeed, the greater part of his testimony, that he saw Jack Walsh in the subway station on February 26th, that he personally observed Jack Walsh writing something on a piece of paper, is not only relevant and admissible, but is actually part of the circumstantial evidence which the prosecution can use for making a case that the body found in the station was indeed Jack Walsh. Therefore, the only part of the testimony in question is that where Joseph Bissel identifies the man he saw in the subway station with Jack Walsh as the defendant, Jeremy Dawson.”
Judge Grimes paused and frowned. “I have given the matter careful consideration because I must say frankly I believe it to be a close point. However, I find that I must hold with the defense attorney and rule that the prosecution does not have sufficient grounds to introduce the evidence at this time. I am therefore striking the testimony regarding the identification of Jeremy Dawson from the record. However, I am prepared to reinstate it, if and when the prosecution produces sufficient evidence to warrant my doing so. However, I am striking it from the record at this particular time.
“Now, with regard to matters of procedure. Mr. Winslow, Mr. Dirkson has concluded his direct examination of the witness. You now have the right to cross-examine. But naturally, only on that portion of the testimony which now remains in the record. If you do, and Mr. Dirkson then makes an additional showing which results in the reinstatement of the remainder of Joseph Bissel’s testimony, you would at that time be given an opportunity to cross-examine on that. That being the case, I ask you if you would care to cross-examine the witness now, or whether you would care to defer your cross-examination until such time as it is determined whether the remainder of his testimony is to be reinstated.”
Steve smiled. “Your Honor, in the event that his testimony is not reinstated, rather than cross-examine, I think I would find I had another motion to make.”
Judge Grimes smiled. “I’m sure you would, Mr. Winslow. Though if the corpus delicti is not proved, the motion to dismiss would not be necessary.
“Now, Mr. Dirkson. Are you prepared to proceed?”
“I am, Your Honor.”
“Very well. Bring in the jury.”
When the jurors had been seated, Judge Grimes said, “Ladies and gentlemen of the jury, I apologize for the delay. Allow me to explain the situation. At this time I must ask you disregard the testimony of the witness, Joseph Bissel, with regard to identifying Jeremy Dawson as the person he saw in the subway station with Jack Walsh. You are to put it from your minds, and give it no weight.
“Now, with regard to the witness, Joseph Bissel. He has not completed his testimony. The defense still has the right to cross-examine. However, he has been withdrawn from the stand at the present time so that the prosecutor may introduce additional evidence.
“We are now prepared to proceed. Mr. Dirkson.”
Dirkson rose. “Thank you, Your Honor. Recall Dr. Murray Abraham.”
The medical examiner entered from the back of the courtroom and took the stand. It was obvious that he was still smarting from the effects of Steve Winslow’s cross-examination. He did not glance once at the defense table, and his lips were set in a firm line.