"They were at the party too, but they have closer ties with the defendant. Mr. Miller was just put in charge of the Darius Construction account at Brand, Gates and Valcroft, the advertising agency. They also socialized with Mr. and Mrs. Darius."
Page checked his notes, conferred with Randy High Smith, then said,
"Your witness, Mrs. Tannenbaum.
Betsy looked at a legal pad on which she had listed several points she wanted to bring out through Barrow.
She selected several police reports from the discovery she received from the district attorney.
"Good morning, Detective Barrow. Teams of criminalists from the Oregon State Crime Lab went through the houses of all three women, did they not?"
"That's true."
"Isn't it -also true that none of these fine scientists found a single piece of physical evidence connecting Martin Darius to the homes of laura Farrar, Victoria Miller or Wendy Reiser?"
"The person who murdered these women is very clever. He knows how to clean up a crime scene."
"Your Honor," Betsy said calmly, "will you please direct Detective Barrow to listen to the questions I ask him and respond to those questions? I'm sure Mr. Page will try to explain the problems with his case during argument." judge Norwood glared at Betsy. "I don't need an editorial from you, Mrs. Tannenbaum. Just make your objections." Then Norwood swiveled toward the witness.
"And you've testified enough times to know you only answer what you're asked. Save the clever answers. They don't impress me."
"So, Detective Barrow, what's your answer? Was a single shred of physical evidence linking my client to any victim found at any of the homes of the missing women?"
"No."
"How about on the bodies?"
"We found the tire tracks."
"Your Honor?" Betsy asked.
"Detective Barrow, were there tire tracks on the body of any of those women?" the judge asked sarcastically.
Barrow looked embarrassed. "Sorry, Your Honor."
"Are you catching on, Detective?" judge Norwood asked.
"There was no physical evidence at the burial site connecting the defendant with any of the women," Detective Barrow answered.
"A dead man was -also found at the burial site?"
"Yes."
"Who is he?"
"we don't know."
"So there's nothing connecting this man to Martin Darius?"
"We don't know that. Until we find out who he is, we can't investigate his possible connection with your client."
Betsy was going to object but decided to let the re mark pass. If Barrow kept fencing, he'd keep pissing off the judge.
"You told the judge about the tire tracks you found near the fence.
Don't you think you should tell him about the interview you had with Rudy Doschman?"
"I interviewed him. What about it?"
"Do you have your report of that interview?" Betsy asked, as she walked toward the witness stand.
"Not with me."
"Why don't you take my copy and read this paragraph?" Betsy said, handing the detective a police report she had found in the discovery material. Barrow read the report and looked up.
"Mr. Doschman is a foreman with Darius Construction who was working on the site where the bodies were found?" Betsy asked.
"Yes."
"He told you Mr. Darius visited the site on many occasions, did he not?"
"Yes."
"In his BMW?"
"Yes."
"He also explained that the hole in the fence was there for some time?"
"Yes."
"In fact, it may have been the way the arsonists who burned down some of Mr. Darius's town houses entered the site several weeks ago?"
"It could be."
"There is no evidence connecting Mr. Darius to the roses or the notes?"
Barrow looked like he was going to say something, but he choked it back and shook his head.
"And you stand by that statement, even though officers of the Portland Police Bureau made a thorough search, pursuant to a warrant, of Mr.
Darius's home."
"We found nothing connecting him to the roses or the notes," Barrow answered tersely.
"No murder weapons either?"
"No."
"Nothing in the trunk of the BMW connecting him to the crimes?"
"No."
Betsy turned to Darius. "Anything else you want me to ask?"
Darius smiled. "You're doing just fine, Tannenbaum."
"No further questions."
Barrow hoisted himself out of the witness box and walked quickly to the back of the courtroom as Page called his next witness.
"Dr. Susan Gregg," Page said. An attractive woman in her early forties with salt-and-pepper hair, wearing a conservative gray suit, took the witness stand.
"Will counsel stipulate to Dr. Gregg's qualifications for purposes of this hearing?" Page asked Betsy.
"We assume Dr. Gregg is well known to the court," Betsy said, "so, for purposes of this hearing only, we stipulate that Dr. Gregg is the state medical examiner and qualified to give opinions on cause of death."
"Thank you," Page said to Betsy. "Dr. Gregg, were you called to a construction site owned by Darius Construction, earlier this week, to examine the remains of four individuals who were found buried there?"
"I was."
"And you conducted the autopsies of all four victims?"
"Yes."
"What is an autopsy, Dr. Gregg?"
"It's an examination of a body after death to determine, among other things, cause of death."
"Will you explain what your autopsy involved?"
"Certainly. I examined the bodies carefully for serious injuries, natural diseases and other natural causes of death."
"Did any of the victims die a natural death?"
"No."
"What injuries did you observe?"
"All four individuals had numerous burns and cutting injuries on various parts of their bodies. Three of the male's fingers had been severed.
There was evidence of sharp cuts on the women's breasts. The nipples on the women had been mutilated, as had the genitalia of the man and the women. Do you want me to go into detail?"
"That won't be necessary for this hearing. How did the three women die?"
"Their abdomens had been deeply cut, resulting in serious injuries to their bowel and abdominal viscera."
"When a person is disemboweled, do they die quickly?"
"No. A person can stay -alive for some time in this condition."
"Can you give the court a rough estimate?"
Gregg shrugged. "It's hard to say. Two to four hours.
Eventually they die from shock and loss of blood."
"And that was the cause of death of these women?"
"Yes."
"And the male?"
"He suffered a fatal gunshot wound to the back of his head."
"Did you order laboratory tests?"
"Yes. I had the blood tested for alcohol. The results were negative for all of the victims. I ordered a urine screen for drugs of abuse. This involves testing the urine for the presence of five drugs; cocaine, morphine, marijuana, amphetamine and PCP. Our results were all negative."
Page studied his notes and conferred with Highsmith before turning the witness over to Betsy. She reread a portion of the autopsy report and frowned.
"Dr. Gregg, I'm confused by some remarks you made on page four of your report. Were the women raped?"
"That's hard to say. I found bruises and tears around the genitalia and rectum. Tearing that would indicate invasion by a foreign object."
"Did you test for semen?"
"I did not find any traces of seminal fluid."
"So you can't say conclusively that the women were raped?"
"I can only say there was penetration and violent injury. There was no evidence of male ejaculation."
"Did you draw a conclusion concerning whether the women were murdered at the construction site?"
"I believe they were killed elsewhere."
"Why?"
"There would have been a large amount of blood at the murder scene because of their massive cutting injuries. There were also organs removed from two of the women."
"Would the rain obscure traces of their blood?"
"No. They were buried. The rain would have washed away the blood on the surface, but we should have found larger quantities the bodies in the graves."