As an answer, Rachman sat down and whispered something to Ryder, whose eyes never left Marlene. Karp saw the look, turned to his wife, and said, "Okay, Marlene, go ahead."
"Thank you," Marlene replied. "I've gone over the evidence and along with some things we've turned up in our own investigation, I believe it is not in the best interests of justice for this office to pursue charges against my client. In fact"-she hesitated and looked pointedly at both Rachman and then Ryder-"not only is my client not guilty of sexual assault, I believe there is good reason to charge the complainant in this case with crimes."
Schmellmann and Rachman both jumped to their feet. "This is an outrage," Schmellmann roared.
"As I suspected," Rachman added, "you're just going to let your wife put the victim on trial and…"
Karp rapped his fingers on the table. "Mr. Schmellmann and Ms. Rachman, have a seat. This isn't Perry Mason and we're not in a courtroom, so save the theatrics. Let her finish and you'll get your opportunity to respond."
"Our new information comes from a police detective who interviewed one Marcus Cook, a custodian at the building who was working on the night Ms. Ryder claims she was attacked. For some reason, the detective's DD5 report didn't make it into the file, though I believe any judge in New York county would determine that it is exculpatory evidence."
Karp glanced at Rachman, who sat forward at the mention of Cook's name and now flushed angrily. "How did you get that report?" she demanded.
Karp ignored her and turned back to Marlene. "Go on."
"According to the report filed at the beginning of this case by Detective Scott Richardson, Mr. Cook contends that he was outside the building smoking a cigarette when he saw a young woman he later identified from a photograph as Ms. Ryder exit the building. He described her as neither distraught nor crying as reported by another witness, Mr. Ted Vanders. As a matter of fact, and get a load of this, Cook said that Ms. Ryder did a 'little dance' at the bottom of the stairs."
Rachman snorted. "Maybe I should point out that the reason why that report file is still on my desk is that we have serious questions about Mr. Cook's reliability as a witness."
"In what regard?" Karp asked.
"The man has two misdemeanor arrest records for possession of marijuana. He's also an alcoholic who's been suspended twice already from the university for drinking on the job and is essentially working on his third strike."
"So why not turn the evidence over to the defense-as is clearly required-and then impeach him at trial?" Karp said. "When did you get the DD5?"
Rachman shrugged. "A couple of days ago. We were preparing to turn it over, but before the defense could get to him and try to confuse the issue, we wanted to interview him again and see if his story didn't change, as might be expected from a drug addict and alcoholic. For all we know, he didn't have the right night or see the right woman."
Karp looked over at Fulton and nodded his head. "Just a moment," he said as the big detective left the room. A few seconds later, Fulton returned with another man.
"Good morning," Karp said. "Everybody, this is Detective Scott Richardson, who I believe is the detective who filed the DD5 regarding Mr. Marcus Cook. Is that correct, detective?"
Richardson, a compact, balding man with dark intense eyes, nodded. "Yes, sir."
Karp looked at Rachman, whose face had drained of color. "When did you file that report, detective?"
"I'd have to look at it for the exact day," the detective said. "But months ago…about a week after the alleged incident."
"Do you have any reason to believe one way or the other that Mr. Cook might have confused which night he was talking about, or the identity of the woman he saw?"
"I suppose it's possible," Richardson replied. "But I doubt it. Mr. Cook was quite clear about the night-it was the last night he worked that week and he has the time cards to prove it. And while he was sitting on a bench in the dark, he had an unobstructed view of the steps and door. I know because I went and sat there myself. He distinctly remembers seeing Ms. Ryder emerge but…"
"Yes, detective, you were about to say something?" Karp asked.
"He says he never saw Ted Vanders or anybody else that night strike up a conversation at the front door with Ms. Ryder."
"That's ridiculous," Sarah Ryder scoffed. "It may not have been quite at the front door, I was too upset to remember all of the details. It could have been inside the doors where this guy, Cook, might not have been able to see us."
"Again, anything's possible," Richardson said. "However, the evidence indicates that no one other than you and Professor Michalik entered the building that evening."
"How do you know that?" Rachman asked.
"The after-hours sign-in book," Richardson said. "Ms. Ryder's name is on it, and so is Professor Michalik's. But no Ted Vanders."
"Doesn't prove anything," Rachman said. "Lots of people would walk right by a sign-in book, especially if the janitor's not around to see that they do."
"Well, that might be true," the detective agreed, "but Mr. Vanders couldn't have entered the building and met up with Ms. Ryder further down the hall."
"Why not?" asked Schmellmann, who was beginning to look a little pale himself.
"Because you need a key to get in that door," Richardson replied. "Only the custodial team has them. Not even the professors have those keys. After hours, you have to be let inside by someone else."
Karp interrupted the next question. "Thank you, detective. If you wouldn't mind remaining. We may have more questions. But let's move on. Marlene?"
Marlene stood and turned off the lights. She then pressed the button on the slide projector set up on the table. The first slide appeared on the screen. "These are the photographs taken of Ms. Ryder's wrists the day after the crime occurred," she said. "Ms. Ryder, if I may ask you a question, you struggled even though you were bound, am I correct?"
"I object to this," Schmellmann said. "My client is not the one on trial here."
"She doesn't have to answer," Karp said. "In fact, she's free to leave."
"It's okay, Harvey," Ryder said. She turned back to Marlene. "Yes, of course I struggled. I did not want to be raped."
"No, I'm sure you didn't," Marlene said. "But what I'd like to direct everyone's attention to is how the rope burns are perpendicular to her wrists; they look like bracelets." She hit the button and another slide came up. "This photograph was taken from a case I did ten years ago of a woman who was tied up in the fashion described by Ms. Ryder. Notice how the burns don't go directly across her wrist, but travel at more of a diagonal toward her hand, as though she was trying to pull her hand free of the ropes."
"Oh, so now you're a forensic contusions expert," Rachman scoffed.
"No," Marlene replied evenly, "but I have retained someone who is and that will be his testimony."
"Weak," Rachman said. "We have an expert who will say that the contusions on Ms. Ryder were consistent with her story."
"Maybe so," Marlene said, "but do you also have an expert who is going to explain how Ted Vanders's semen got into the panties Sarah Ryder wore to the rape examination?"
Sarah Ryder stiffened and turned white. Schmellmann began to sputter about miscarriages of justice. And Rachel Rachman screeched, "What? What kind of bullshit trick is this?"
Karp interrupted again and turned to Richardson. "Detective, are you aware of anything that might shed some light on the current discussion?"
"Yes, sir," Richardson replied. "We've been aware for some weeks now-as has Ms. Rachman because I personally forwarded the information to her-that semen had been found in the panties of the complainant that did not match that of the accused."
"Yet, if I'm remembering this correctly," Karp said, "Ms. Ryder claims that she had not had sexual contact with another man for a period of months before the alleged rape?"