“As what, Your Honor?” Steve Winslow said.
“Exactly,” Judge Wylie said.
“Very well,” Dirkson said. “Did you recognize anyone as the woman you saw entering the building that night?”
“I said one of the women might have been her.”
“Objection.”
“Overruled. You can cross-examine on it.”
“You say one of the women might have been her?”
“That’s right.”
“And which one was that?”
“The defendant, Amy Dearborn.”
“Now let me be sure I understand this,” Dirkson said. “The police showed you a lineup with the defendant, Amy Dearborn in it. You picked her out of the lineup and identified her as the woman who might have been the woman you saw going into the building that night?”
“That’s right.”
“You can’t be certain that she was the woman you saw going into the building at that time, but you can’t be certain she wasn’t?”
“That’s right.”
“Is there anything in the defendant’s physical characteristics that was different from the woman you saw going into the building that night?”
“No, there is not.”
“There’s nothing about her that would indicate she is not that woman?”
“No, there isn’t.”
“The short brown hair that you describe was identical to the defendant’s?”
“That is right.”
“And while you say you cannot make a positive identification, you did pick her out of a lineup?”
“Objection.”
“Sustained.”
“Did you pick the defendant out of a lineup?”
“Yes, I did.”
Dirkson smiled triumphantly. “Very good, Mr. Branstein. Now, with regard to the other person you saw. Was that a man or a woman.”
“It was a man.”
“What time did you see this man?”
“At nine o’clock.”
“How can you be so sure?”
“Because I was just closing up my shop.”
“You always close at nine?”
“Yes, I do.”
“And you closing your shop when you saw him?”
“That’s right. I was out on the sidewalk, closing up. He walked by me and went in the door.”
“Can you describe this man?”
“Yes, I can. He was a young man with long brown hair. Shoulder length.”
“How was he dressed?”
“In a T-shirt and blue jeans.”
“What was your impression of this man?”
“He looked like a hippie. At first, I thought he was a customer come to buy a guitar. In which case he was out of luck, because I was closed. But he walked right on by and went in the door.”
“Would you know this man if you saw him again?”
Branstein frowned. “That’s a very tough question. To be absolutely fair, I would have to say no.”
“Well, I wouldn’t want you to testify to anything you weren’t sure of,” Dirkson said.
“Oh, Your Honor,” Steve Winslow said.
“Exactly,” Judge Wylie snapped. “Mr. Dirkson, if we could control such side comments.”
“Sorry, Your Honor. Anyway, you say it was around nine o’clock when this man went inside?”
“That’s right.”
“Mr. Branstein, let me ask you this. Did you have any reason to pay any attention to either of these individuals at the time that you saw them?”
“No, I did not.”
“You had no idea a murder had been committed?”
“No, of course not.”
“Or that the office had been robbed?”
“No. I didn’t know that either.”
“So you had no idea what you saw might be at all important?”
“No, I did not.”
“And when did you learn it might?”
“Later that evening.”
“How did that happen?”
“I received a phone call from a young woman named Tracy Garvin. She identified herself as the secretary for the attorney Steve Winslow. She told me she had an urgent matter which she needed to discuss with me and she needed to come to my apartment.”
“Which she did?”
“That’s right.”
Dirkson held up his hand. “I’d prefer not to get into what she told you. But did anyone else come to your apartment at that time?”
“Ah, yes, they did.”
“And who would that be?”
“Her boss. The attorney. Steve Winslow.”
Dirkson turned, pointed. “The same Steve Winslow who is the attorney for the defendant, Amy Dearborn?”
“That’s right.”
“He came to your apartment that night?”
“Yes, he did.”
“And what time was that?”
“It was late. Around midnight.”
“Did he tell you why he was calling on you at that hour?”
“Yes, he did.”
“And what reason did he give?”
“He explained that there had been a burglary at the jewelry store about my music shop.”
“A burglary?”
“That’s right.”
“He didn’t say there had been a murder?”
“No, he did not.”
“Did he ever tell you there had been a murder?”
“No. He referred to it only as a burglary.”
“And why had he come there at this hour to tell you about this burglary?”
“He wanted to know if I’d seen anyone going in or out of the building.”
“What did you tell him?”
Branstein spread his hands. “Just what I’ve said here in court. That I saw two people. A man and a woman.”
“Did you describe these people to him?”
“Yes, I did.”
“Did he seem interested?”
“Objection.”
“Sustained.”
“You described the woman as having short brown hair?”
“That’s right.”
“Did you tell him she looked like anyone you knew? Or reminded you of anyone you knew?”
“As a matter of fact, I did.”
“Oh? And who was that?”
“I told him she looked like the woman who used to work upstairs. I think I said the only reason I hadn’t thought it was her was because she hadn’t worked there in a while.”
“And who was the woman who worked upstairs?”
“The defendant, Amy Dearborn.”
“I see. And did Mr. Winslow question you about the man you saw going upstairs?”
“Yes, he did.”
“He asked you to describe this man?”
“That’s right.”
“And how did you describe him?”
“Like I say. As a long haired hippie. Long brown hair, T-shirt and jeans.”
“And it was the defense attorney, Steve Winslow, who asked you to describe this man?”
“Yes, it was.”
“Are you certain of that?”
“Yes, I am.”
“How can you be sure? Did Mr. Winslow look exactly as he does today?”
“Actually, he did not.”
“Oh? In what way did he look different?”
“His hair was wet and had been combed back and tucked under his collar. As a matter of fact, when he was there talking to me, I had no idea that he actually had long hair.”
“But it is the same person? You recognize Steve Winslow, even though he has long hair now?”
“Yes, of course.”
“You can identify him as the person who called on you in your apartment later that night?”
“Yes, I can.”
“But you cannot positively identify the young man with shoulder length brown hair that you saw going into your building that night?”
“No, I cannot. The fact is, I only saw him from the back.”
“But you are certain of the fact that around midnight on the night of the murder, Amy Dearborn’s defense attorney, Steve Winslow, was in your apartment asking you who you saw going in and out of the building that night?”
“Yes, I am.”
“Thank you, Mr. Branstein. No further questions.”
Steve Winslow stood up. “Mr. Branstein, you were asked what reason I gave you for calling on you at that time of night, were you not?”
“That’s right.”
“I believe you said that I said that I was interested in who went in and out of the building.”
“That’s right.”
“Didn’t I also tell you that you might be a potential witness, in which case I would advise you to get in touch with the police?”