“So ordered.”
When the cassette had been marked, Dirkson approached the witness. “Officer Hanson, I hand you a micro-cassette marked for identification People’s Exhibit Three and ask you if it is the one you are referring to, the one you took possession of on that night.”
Hanson took it, looked it over. “Yes, it is.”
“And how do you recognize it?”
“By my initials, which I marked on it in pen.” After a pause, Hanson said dryly, “I might add, this is the only micro-cassette I have ever marked my initials on.”
That comment drew a roar from the spectators in the courtroom.
Dirkson smiled. “I’m certainly glad to hear that,” he said. “Your Honor, at this time I’m going to ask that this micro-cassette be played for the jury.”
“How long will it take you to set up?” Judge Wylie asked.
“I’m ready now,” Dirkson said. He indicated the prosecution table, where his trial deputies had set up a tape deck and speaker and were in the process of plugging it in to an extension cord run from the wall.
“Very well,” Judge Wylie said.
Dirkson strode to the prosecution table, and, with a bit of a flourish, inserted the micro-cassette into the machine and switched it on.
For a moment there was no sound at all, and Dirkson had a panic attack that he’d hit the wrong button and was erasing the damn thing. Then the tape crackled on, and there came the “beep” before the recorded message.
Then the voice. Cocky, jaunty, playful. Chillingly so, coming from a dead man.
“Amy, Frank. Hey, babe, you really socked it to us. Gotta hand it to you, that was pretty neat. Listen, I’m down at the office catching up on some work. I’m all alone and feeling lonely. Whaddya say we patch things up? I bet we could, without your lawyer sticking his nose in. Whaddya say? Just you and me, babe. Just like old times.”
37
Amy Dearborn couldn’t meet Steve Winslow’s eyes. “It’s not like that,” she said.
“Not like what?”
“What he said on the tape. Wanting’ to see me without you. That had nothing to do with it.”
“Really?”
“Yeah, really.”
“Then look at me.”
“Huh?”
“Look at me.”
Reluctantly, Amy raised her eyes.
“Good,” Steve said. “Tell me something. This whole time you’ve been holding back, not telling me the truth and the whole bit-was it because of this?”
“Huh?”
“Was that the deal? Fletcher tells you to cut your lawyer out. You went to see him, it’s like you’re trying to cut me out of the settlement. That’s how it feels to you, that’s how you think I see it, and that’s why you wouldn’t talk.”
“No, it isn’t.”
“Then what is it?”
“Oh, I don’t know.”
“Great.” Steve sighed. “The problem is, once you start lying, it gets to be a habit. In this case, everything looks so bad, you think all you can do is lie. Well, wake up. I’m your lawyer. I’m the one person you don’t have to lie too. You tried to ace me out of a settlement, well frankly I don’t care.”
“I didn’t try to ace you out of a settlement.”
“Who cares?” Steve said. “Do you get the point? Nobody fucking cares.” He ticked them off on his fingers. “You’re on trial for murder. That’s problem number one. You got Tracy on the hook as an accessory. That’s problem number two. I’m risking being disbarred, if I’m not nailed as an accessory myself. That’s problem number three. Do you think the idea that I might have missed out on a chance to share in some penny ante settlement Fletcher might have proposed to you weighs very heavily on my mind? You see it as a big deal, because it means you deceived me. Well, big fucking deal. You deceived me about everything else.”
When Amy started to flare up, Steve put up his hand. “But let’s not get into that now. The point is, we’re going back into court and I don’t need any more body blows. I gotta cross-examine this guy, and if there’s anything he’s gonna throw in my face, I need to know it now.”
Amy shook her head. “There’s nothing.”
“No murder weapon with your fingerprints on it you conveniently neglected to mention?”
“I wouldn’t do that.”
“Yes, you would,” Steve said. “If you didn’t, I’m very glad. But don’t try to tell me you wouldn’t.”
Amy glared at him.
“Good,” Steve said. “At least I have you attention. Do you understand if the cops can connect the murder weapon with you, the ball game is over?”
“What murder weapon?”
“The one they can’t find. The one that wasn’t there when they found the body. The one that wasn’t there when I found the body. The one you claim wasn’t there when you found the body.”
“It wasn’t.”
“I’m glad to hear it. But we only have your word for that, and we know how good that’s been.”
“Damn it-”
“You pissed off?”
“You’re damn right.”
“Feel frustrated, helpless as hell?”
“What do you think?”
“Good. Then you see the problem. You’re the little girl who cried wolf. You’ve told so many lies, it’s very frustrating when nobody believes you anymore.”
“I didn’t find the gun.”
“That may be true. I hope it is.”
“It’s true.”
“Oh yeah?” Steve said. He exhaled. “Then I hope it’s enough.”
38
When court reconvened, officer Hanson resumed the stand. “Now, then,” Dirkson said. “With regard to the message we just heard-the one you found on the defendant’s answering machine-you say you found this message when you searched her apartment?”
“That’s right.”
“I believe you stated that the light on the answering machine was on but not blinking? Is that right?”
“Yes, it is.”
“And what did that indicate with regard to the function of the machine?”
“That there had been no messages since the machine had been set.”
“And how do you account for the message we just heard?”
“As I said before, that was an old message.”
“Old?”
Officer Hanson held up his hand. “Now, don’t get me wrong. It could have been a very recent message. All I mean is, it was a message that was made prior to the time the machine had been set.”
“Let me be sure I understand this,” Dirkson said. “When that message came in and was recorded, what would have happened to the red light on the machine?”
“It would have begun blinking. To indicate there was a message on the machine.”
“I see. And what would cause it to stop blinking?”
“It would stop blinking when the message was played. The way the machine works is, you see the light blinking and you know you have a message. You press play to listen to that message. When the message is finished playing, the red light remains on but steady, indicating the answering machine is once again ready to record. If it is left that way it will record the next incoming message over the previous message. As I said before.”
“What if you wanted to save that message?”
“There is a button marked save on the machine. If you press that button after listening to the message, the red light will begin blinking again to indicate there is a message, and that message will be saved. If another call should come in, it will be recorded after that message. The machine would then blink twice to indicate there were two messages.”
“I see. And since the light was steady, what did that indicate?”
“That the message had been listened to but not saved.”
Since that was the very point on which Steve Winslow’s earlier objection had been sustained, Dirkson could not resist a triumphant grin. “Now that’s the point I’d like to bring out, officer,” he said. “There’s no doubt then that this message had been listened to?”
Officer Hanson shook his head. “None at all. If the light were blinking, there would be room for doubt. In that case, either the message hadn’t been listened to, or it had been listened to and saved. But if the light is steady, there’s only one way that could have happened. And that’s if the message had been played back.”