“A barbecue. No,” Warwick replied. “I would say not. And now, with Chandler the private investigator on the Madison case, was there even the hint of revenge in your mind, a sense of satisfaction, of enjoyment in arresting his client, Phillip Madison?”
Jennings hesitated a second, looked down at the railing for a moment. “I am a professional, sir. What happened in the past is in the past. I was only concerned with the present and apprehending the right suspect in this case.”
Denton spread his hands out in front of him and looked at Calvino.
“Mr. Warwick,” Calvino said, “you should take Detective Jennings’s advice and leave the past in the past, where it belongs. I believe you’re finished with this witness.”
“But that was only two questions. You said I had three.”
“Math was never my strength, Mr. Warwick. The law was and still is, and I see no relevance to the line of questioning you’re pursuing.”
To Denton, however, it was quite clear: Warwick wanted to discredit Jennings in any way possible. He could not break him with direct questioning, so he tried to dredge up something out of Jennings’s past. A skeleton in the closet. Although Calvino did not know where Warwick was headed, Denton was glad that the judge’s command of mathematics was admittedly weak.
Denton’s second witness, Stuart Saperstein, was a bit more polished in his delivery than was Jennings. He came off as articulate, thoughtful, and reflective.
Testifying as to the physical evidence found on the Mercedes, he established the fact that it was the car used in the murder of both individuals; further, he described the method by which both victims were struck, where they were most likely located prior to impact, and whether or not it appeared that the position in which the bodies were found was consistent with the mechanism of the suspected impact. Saperstein excelled in all aspects of the direct examination; he was working well with Denton, as they had in the past during numerous other cases in which Saperstein was a key forensic witness.
As time was winding down for the day, Denton asked Saperstein about the baseball cap found at Harding’s house.
“And this hat, Mr. Saperstein. Do you recognize it?” Denton asked, waving the Chicago Cubs cap.
“Yes I do.”
“Where have you seen it before?”
“It was the one that was analyzed at the lab.”
“And what did the analysis show?” Denton asked, stepping back from the witness box, allowing the jury an unimpeded view of Saperstein.
“Our analysis demonstrated fibers that were consistent with those found in the carpet of Brittany Harding’s home. Further, there were hair strands that matched those of the defendant, Miss Harding.”
“And just how did you determine this, Mr. Saperstein? Did you hold it up to a light, maybe use a magnifying glass?”
Saperstein gave a little chuckle. They had rehearsed this. “No, not a magnifying glass. We have special high-powered instruments that are specifically built just for fiber and hair analysis, called comparison microscopes. Essentially, the instruments consist of two compound microscopes that are integrated into a binocular lens so that you can place both fibers under separate scopes and compare and integrate them into one image.”
“So would you consider this method to be accurate in comparing and identifying fibers?”
“Very accurate.”
“Thank you,” Denton said. “Now on to more important matters. You also performed other tests. Tests that were run on the beer cans that were found in the back of the Mercedes, is that right?”
“Yes sir.”
“What did you find on the cans?”
“Saliva, apparently from the person who drank the beer.”
“Where was the saliva found?”
“Around the opening in the can that you drink from.”
“And what else did you find around this opening?”
“We found lip prints.”
“And just what are lip prints?”
“Just as each individual has a set of unique fingerprints, each person’s lips have patterns of ridges, grooves, and wrinkles that are specific to that person. Distinct and intact lip prints were taken from the beer cans.”
“Is this a scientifically accurate method?”
“Most definitely.”
“And were those prints identified?”
Saperstein folded his hands on his lap. “They were matched against those obtained from another lip print sample.”
Denton took a step forward toward Saperstein, drawing the jurors’ attention to his witness. “And what was your conclusion as to whose lip prints were present on the beer cans?”
“The lip prints matched those of Brittany Harding.”
A slight murmur rumbled from the spectator seats in the middle of the courtroom. Calvino looked up and restored order with his stare.
“Those of Brittany Harding,” repeated Denton. “Not Phillip Madison. Brittany Harding. Are you sure?”
“Quite sure.”
“Were there any other tests that were performed on the saliva that was on the beer cans?”
“Yes.”
“What kind of tests were those?”
“We performed a blood group study and a DNA analysis.”
“Relative to the blood group, what blood type was found in the saliva?”
“AB,” Saperstein said.
“Did you test Dr. Madison’s blood type?”
“We did. It was type O.”
“And Brittany Harding’s?”
“AB.”
Denton raised his eyebrows in mock surprise. “The defendant was AB, and the type found on the beer cans was AB?” he asked, reinforcing the fact, rubbing hand lotion into the jury’s collective skin and watching it soak in.
Saperstein said, “Yes.”
“What percent of the world population is type AB?”
“AB is the rarest blood group that exists. Less than four percent of the population has it.”
“What about type O? Just to give us a basis of comparison.”
“Approximately forty-five percent of the population is type O.”
“So AB is quite rare.”
“Yes.”
“You also said that you performed DNA testing on this saliva,” Denton reminded him, receiving an affirmative nod from Saperstein. “I’m not going to go into the specifics of the testing procedure with you, because we have a witness who’ll be testifying in that regard. But can you please tell the court whose DNA was found in the saliva?”
“That of Brittany Harding.”
Another mumble from the courtroom.
“Quiet, please,” Calvino ordered.
“So let me get this straight, Mr. Saperstein,” Denton said, placing a hand on his chin. “You testified earlier that the vehicle used to cause the deaths of the two decedents was the Mercedes owned by Dr. Phillip Madison. And now you’re saying that the beer cans which were found in the rear of that car did not in fact bear any identification relative to Dr. Madison, but in fact contained lip prints and saliva that were consistent with Brittany Harding’s-”
“Objection,” Warwick said, standing. “Is there a question here? Or is counsel merely summarizing the witness’s testimony, putting words into-”
“I’m not putting words-”
Calvino banged his gavel. “Let’s keep this civil, please. Unless you have something constructive to offer, allow me to make my ruling on the objection, Mr. Denton.”
“Sorry, Your Honor.”
“Objection sustained. Mr. Denton, ask a question or dismiss your witness.”
Denton faced his witness. “Mr. Saperstein, what certainty would you give the fact that the lip prints belong to Brittany Harding?”
“Ninety-five percent.”
“And what’s the chance that the DNA profile you obtained could come from someone else other than the defendant?”
“I would say that there is an extremely low probability.”