Winslow nodded, as if conceding the point. “Well answered, Mr. Riker. You yourself didn’t gather any fingerprints from the scene of the crime, did you?”
“I’ve already stated I was never there.”
“That’s right, you did. So in comparing the fingerprints found at the scene of the crime, you were only able to compare those fingerprints furnished to you, is that right?”
“Of course.”
Steve Winslow leafed through the photographs on the evidence table. “I call your attention to the photograph People’s Exhibit Five-N. Would you please take a look at it?”
The witness took the photograph.
“Do you see a computer in the upper left-hand corner?”
“Yes, I do.”
“Did you examine any fingerprints taken from that computer?”
“No, I did not.”
“So, if there were any legible fingerprints on the keyboard of that computer, you would have had no way to compare them, would you?”
“Objection. Argumentative.”
“Sustained.”
“Were there any legible fingerprints on the keyboard of that computer?”
“Objection. Not proper cross-examination.”
Judge Wallingsford frowned. “Overruled.”
“Were there any fingerprints on that computer.”
Riker shook his head. “I can’t answer that.”
“Yes, you can,” Steve said. “You can say yes, you can say no, or you can say you don’t know.”
“Objection.”
“Sustained.”
“Do you know for a fact, of your own knowledge, if there were legible prints on the keyboard of that computer, yes or no?”
“Objection.”
“Overruled.”
Riker took a breath. “No.”
Steve smiled. “Thank you, Mr. Riker. So you don’t know. I didn’t think you did. That’s all.”
“Oh, Your Honor,” Dirkson said.
“Exactly,” Judge Wallingsford snapped. “Mr. Winslow, you will avoid such side remarks.”
“Yes, Your Honor.”
Dirkson next called a handwriting expert who testified that he had examined ‘the note of the defendant’s address that had been found in the decedent’s pocket, and determined that it had definitely been written by David Castleton.
When the defense did not cross-examine, Judge Wallingsford took note of the time and adjourned court until ten o’clock the next morning.
32
“Did you type on the computer?”
Kelly Wilder frowned at Steve Winslow through the wire mesh screen of the lockup. “Yes, I did. Why?”
“Because if you didn’t, there’s no use my pushing the point.”
“That’s what I mean. Why are you? What’s the big deal?”
“If there’s any chance at all, I want to be able to show you typed on the keyboard of David Castleton’s machine.”
“Why? What’s the point?”
Steve took a breath. “Sooner or later we gotta make a big decision. The decision is whether you tell your story. If you do, we need all the corroboration we can get.”
“What do you mean, if I tell my story?”
“Just that. A murder trial’s a funny thing. There’re no set rules. You can play it any way you want.”
Kelly’s eye’s blazed. “Damnit. Don’t give me half-assed rhetoric. Talk about me.”
“I’m talking about you.”
“No, you’re not. You’re talking bullshit. Now cut it out and give me a straight answer. Are you gonna let me tell my story? If not, why not? What the hell is going on?”
Steve took a breath. “Okay,” he said. “Am I gonna let you tell your story? Right now I don’t know. I know that’s no answer, but it’s the way things stand. It depends on what the prosecution does. But the way things look, yes, I am going to put you on the stand. You’re gonna have to tell your story and you’re gonna have to tell it straight, and then you’re gonna take the biggest beating you ever took in your life. Dirkson may not look like much, but so far you’re only seen his good side. He’s puttin’ on his case, those are his witnesses, he’s bein’ nice to ’em. You get on the stand, you’re in for a jolt, ’cause that sarcastic son of a bitch is gonna tear you apart.”
“I can take it.”
“Great, wonderful, I’m proud of you,” Steve said dryly. “But that’s not the point. Dirkson’s gonna make you look like a scheming, lying slut. If you can take that, bully for you, but in the eyes of the jury you’re still gonna look like a scheming, lying slut.”
Steve paused and ran his hand over his dead. “I’m sorry. I don’t mean to be rough on you, but I gotta make you understand. The thing is, you’re so wrapped up in this you only see it from your point of view. You know you went up to David Castleton’s apartment to show him the disk on the computer. But you’re the only one who knows that. When you tell your story, the jury will be hearing that for the first time. They’re not gonna believe it unless it checks out.
“Now, the disk that you left with David Castleton disappeared. And the disk you left in your apartment disappeared. Which leaves nothing. A big fat zero. You’re telling your story with nothing to back it up.
“Now you see why I want to be able to show you typed on that keyboard?”
“I see that, but-”
“But what?”
“You say I got nothing to back it up. You’re wrong. I got Herbert.”
“Yeah,” Steve said flatly.
Kelly’s eyes blazed. “Damnit-”
Steve held up his hand. “Hey, let’s not get into it. Herbert’s your brother, you love him, you trust him, you believe him. Fine. I’m not going to say a word against him. But the fact is, in the eyes of the jury he’s a convicted embezzler and he’s your brother and his testimony ain’t worth a damn. Now that may not be fair, but that’s the way it is. The bottom line is, I need something to corroborate your story, and Herbert’s testimony doesn’t count.”
Kelly glared at him but said nothing.
“Okay,” Steve said. “Now, if you go on the stand and tell your story, you got one shot and that’s it. So it better be the truth. Every bit of it. You let Dirkson catch you in one lie, any lie, no matter how small, and you’re through. If we can’t prove everything you say, well, that’s all right. But if Dirkson can disprove any of it, that’s the ball game. You understand that?”
“Yes.”
“So I gotta know you’re telling me the truth.”
“I’ve told you the truth.”
“You did find a memo in the backup file?”
“Yes, I did.”
“And copied it?”
“Yes.”
“And gave a copy to David Castleton?”
“Yes, I did.”
“That’s the truth?”
“Yes, that’s the truth.”
Steve Winslow stared at her a few moments. He sighed. “It better be.”
33
When court reconvened the next morning Dirkson recalled Detective Oswald of the Crime Scene Unit.
After Oswald had taken the stand and Judge Wallingsford had reminded him he was still under oath, Dirkson walked up to the witness, smiled and said, “Detective Oswald. You recall yesterday you were asked if you had ever photographed the keyboard of the computer in David Castleton’s apartment?”
“Yes, I do.”
“And what answer did you make at that time?”
“I said I had not.”
“I ask you again if you have ever photographed the keyboard of the computer in David Castleton’s apartment?”
Oswald smiled. “Yes, I have.”
Dirkson raised his eyebrows. “Oh? And when did you do that?”
“Last night after court was adjourned. I went to David Castleton’s apartment and took photographs of the computer in general and the keyboard in particular.”
“I see,” Dirkson said. “And what was the condition of the computer and keyboard last night when you went to the apartment to take those photographs?”