Marilyn bit her lip.
“That’s the story, and I’m not going to let him tell it, and I guess you can see why.”
Marilyn said nothing.
“Now,” Steve said, “no one’s gonna let you tell your story either, Fitzpatrick or I, but we need to hear it.”
She still said nothing.
“Look,” Steve said. “There’s no reason for you not to talk now. The cat’s out of the bag. At least as far as we’re concerned. You can’t hurt Douglas, and you can’t hurt yourself. There’s no reason to sit on your hands. There are some things we gotta know. I happen to know Douglas Kemper’s story is bullshit. Now let’s talk about what really happened. You got there first, didn’t you?”
Marilyn set her jaw.
“Didn’t you?” Steve persisted.
“I’m not going to talk about it,” Marilyn said.
“All right, then I will,” Steve said. “If you got there first, there are only two possibilities: Bradshaw was already dead, or you killed him. I know that for a fact. How do I know that for a fact? I know that because Douglas Kemper arrived right after you, not before you like he said, but after. And he went in there and he found Bradshaw dead. And that’s why he’s in such a panic, and that’s why he’s telling this bullshit story. It’s a story no second grader would believe, but he has to say something, and you’ll forgive me but he’s not that bright.
“No, the way I see it, you got there first and Bradshaw was already dead. And the ironic thing is you. You buy Kemper’s story. You’re probably the only person in the world who’d buy it, but you do. The reason is, you got there and found Bradshaw dead, and you immediately figured Kemper killed him. That’s what you thought, and that’s what you still think, and that’s why you’re refusing to talk. You buy Kemper’s story that he got there first. You don’t buy the part that he found him dead. If you did there’d be no reason for you not to talk. You figure Kemper got there first and killed him. You’re taking the rap to protect him, just like he’s taking the rap to protect you. Very noble, very romantic, and very stupid. Kemper didn’t get there first. Unless you killed Bradshaw, there’s no reason for you to keep quiet.”
Marilyn still said nothing.
Steve sighed. Yeah. He’d really got her to open up, hadn’t he? “All right,” he said. “Here’s the situation. I’m joining the defense team. The only way for me to get Kemper out is to get the two of you out. So I’m hoppin’ on board. Fitzpatrick isn’t too happy about it, but he realizes he has little choice.
“You don’t have much choice either, but it’s still your decision. You have any objections to me working on your behalf?”
Marilyn looked at him a few moments. “No,” she said.
Steve nodded and stood up. “Fine,” he said. “See you in court.”
35
Judge Graves was attempting to maintain his air of judicial impartiality. Even so, he couldn’t help betraying his skepticism as he peered down from his bench at the defense table.
“I’m sorry, Mr. Fitzpatrick,” he said. “Would you mind repeating that again?”
“Yes, Your Honor,” Fitzpatrick said. “I merely wanted to inform the court that Miss Harding has secured additional representation. Mr. Winslow here has joined the defense as associate counsel.”
Judge Graves frowned. He looked again at the defense table, where Steve Winslow, in a white shirt, blue tie, corduroy jacket and jeans, made such an incongruous picture standing next to Fitzpatrick in his three-piece suit. “That is Mr. Steve Winslow?” he said.
“That’s right.”
“The same Steve Winslow who came forward yesterday as counsel for Douglas Kemper?”
“Yes, Your Honor.”
“The same Steve Winslow who has been referred to in these court proceedings as the gentleman discovered by the police in the apartment of the deceased?”
“That’s right.”
Judge Graves picked up a document from his bench. “The same Steve Winslow who filed a motion with me this morning, charging Harry Dirkson with prosecutorial misconduct, to wit, violating the rights of one Douglas Kemper by calling him as a prosecution witness, and tricking him into waiving his constitutional rights by forcing him to testify against himself, when in point of fact Dirkson had every intention of proceeding against him as a codefendant?”
Dirkson was on his feet. “With regard to that, Your Honor, I-”
“Mr. Dirkson, sit down,” Judge Graves snapped. “You’ll get your chance.” Graves turned back to Fitzpatrick. “Is that right?”
“Yes, Your Honor.”
“The same Steve Winslow who has filed a motion for a mistrial in this case, demanding that the defendant be retried, and that she and Douglas Kemper be tried jointly?”
“Actually,” Fitzpatrick said, “Mr. Winslow and I filed that motion jointly, Your Honor.”
“I see that you did,” Graves said. “I must ask you, Mr. Fitzpatrick, if you are also appearing as attorney for Douglas Kemper?”
“Not at this time, Your Honor. Circumstances, however, may dictate the necessity.”
“I see,” Judge Graves said. “Now then, Mr. Winslow. You are now here appearing for Marilyn Harding in concert with Mr. Fitzpatrick?”
“That’s right.”
“You see no conceivable conflict of interest between that and your duties to your client, Douglas Kemper?”
“I do not, Your Honor. If you will read my motion, you will find that my contention is that the opposite is true.”
Judge Graves held up his hand. “I have read your motion. I understand your contentions. I am asking these questions because I want the answers in the record. Now, do you see no possible conflict of interest?”
“None, Your Honor.”
“Mr. Fitzpatrick, you see no conflict of interest?”
“None, Your Honor.”
“Miss Harding?”
“Yes, Your Honor.”
“You have heard what Mr. Fitzpatrick has said?”
“Yes, Your Honor.”
“And what Mr. Winslow has said?”
“Yes, Your Honor.”
“You have no objection to Mr. Winslow representing you as associate counsel?”
“No, Your Honor.”
“You understand that he is also representing Douglas Kemper?”
“Yes, Your Honor.”
“You have no problem with that arrangement?”
“No, Your Honor.”
judge Graves frowned. “Very well. Now then, Mr. Dirkson.”
Dirkson was on his feet before Judge Graves even got the words out of his mouth. “Yes, Your Honor,” he said. “With regard to the charge of prosecutorial misconduct in the case of Douglas Kemper, I must say that the charge is completely unfounded and absolutely without merit. Your Honor need look no further than the transcript of yesterday’s testimony to see that this is true. Mr. Winslow contends that we violated Mr. Kemper’s rights by calling him as a witness when he himself was a possible codefendant. That is utter nonsense. Mr. Kemper’s own testimony clearly shows that we had not one scintilla of evidence against him prior to his appearance on the stand. It was only during his direct examination that it became clear that he was actively involved in the matter. We had never compared his fingerprints with those found in the apartment. That comparison was done only after yesterday’s session in court.”
“That is exactly the basis for my charge, Your Honor,” Steve Winslow said. “The prosecution suspected Douglas Kemper of being the person who left those fingerprints, but deliberately refrained from making a comparison until after they had got him to commit himself on the stand.”
Judge Graves banged the gavel. “That will do, Mr. Winslow. This is not a debate. Mr. Dirkson is replying to the allegations in your motion. You may proceed, Mr. Dirkson.”
“Thank you, Your Honor. As you can see, the charge of prosecutorial misconduct is absolutely without merit. With regard to the motion for a mistrial, I naturally oppose it. Likewise, the demand that Marilyn Harding and Douglas Kemper be tried jointly. In the event that we should proceed against Douglas Kemper, we shall do so separately and at a later time. Hence, there are no grounds whatsoever for making these motions, and they should be denied.”