Compelling Evidence (19 page)

2.'ri n, M71 pursuing. Instead he has called in every chit he holds, aid convinced the cops to give him one man, a skilled forensics 7.@; for three hours, to go over the car one more time in h opes finding something they may have missed in earlier searches. "I'll take care of it," says Peggie Conrad. "The tax return. b) I'll set up the property schedules. That'll do it, I think."

"How long before we can close?" I ask. "I'm anxious to 'at done," I tell her. "A favor for a friend." A, "Thirty, maybe forty‐five days. One court appearance. might be able to avoid it. If there's no complications, mplii;,14M@l claims, sometimes they'll take a case on a written submission. f you want me to try?"

"If you can, it would help. This thing that's missing, the i;Tquloi is that a complication?" I ask. "A claim check," she corrects me. "I doubt it."

I work my pen over a legal pad as she talks, listing the she needs to finish. "Sharon's W‐2 form for the last year. For the tax return,"

explains. I grimace. "I'll have to get that from her father. ‐I$. tender wound with Coop. The thought of opening it, ev minor matter of business, is not a pleasant one. "Now to the claim check," she says. "The police

)Ivuor@ from the accident shows Sharon's personal effects. It's iro',f much, but it lists this claim check from a hardware place called Simms.

Doesn't say what it's for, but ,IJIT.74711, there is an asset of the estate. The claim check seems missing. You might check with her dad or just call the @7 No big thing. If we can't find it, we'll just abandon the and show it as lost on the schedules." Peggie reads the her of the claim check to me and I make a note. I wil the hardware store. On this I can avoid dealing mider. "Is that it?"

"As far as I can tell. Do you do these oftent' she asks. "Never before"‐I hesitate for a second‐‐‐@'or again."

"I can tell." She laughs. "That bad?"

I say. J! 4o worse than the usual. Some lawyers give me probates d they've gone through two generations of executors," she [he lawyer's motto," I tell her. "When in doubt, procrastinate. what makes malpractice so lucrative." (ou said it, I didn't." III call you when I have the other items." Then I hang up. ext on the stack is a message from Skarpellos. I call and get nce. Tony's out to lunch, seems he's meeting with Cheetam. vants to talk to me. According to Florence, it's important. She ds; me into his schedule for later that day, following Talia's ‐noon session. I hang up. feel as if suddenly I'm welded to the Greek, part of his antile empire. Like a bag lady at a one‐cent sale, Susan ley has accepted Skarpellos's offer, a free defense for her ce in

"boink‐gate." I am now left to juggle Hawley's defense watch Talia slide slowly into the abyss that has become her iminary hearing. envoys at the United Nations we sit four abreast at the rise table, Cheetarn next to Talia. I'm to her right. Today Is joined us. I've told him about the blunder over the bullet ment, how Cooper handed our leader his own head on a ter. Cheetam thinks that Harry's presence here is a show brce, a turning out of the troops for his case in chief, the day for the defense. He has, glad‐handed and back‐slapped all the way into the courtroom. But I know Harry better. ing missed the big one, he nurtures hopes of seeing Gilbert etam get his ass waxed one more time. There is a certain quiet evolence in the nature of Harry Hinds. i the early afternoon, Nelson's putting the final touches on his . He calls a witness from the state department of justice, a nan from the records section. There is little fanfare here, and surprises. She testifies to the registration of a handgun in the ie of Benjamin G. Potter. This is the small handgun purchased Ben for Talia, the one that Talia and Tod have yet to find. with everything else owned by Ben, this was a pricey little e, a $400 semiautomatic Desert Industries twenty‐five‐caliber P.

Nelson ties this neatly to Coop's testimony, the fact that twenty‐five‐caliber ACP is the smallest steel‐jacketed round ufactured in this country. "Shaunasy is taking notes. : Having delivered this final blow, Nelson rests the *L@! the state. O'Shaunasy inquires whether Cheetam is ready to He is. xpert. Cheetarn is up and at it. He calls his ace e: Dr. Bernard Blumberg is a medical hack known to wi;@ sonal injury lawyer west of the Rockies. A psychiatrist by Blumberg, for a fee, will testify on every aspect of medical from open‐heart surgery to the removal of bunions. He rious for being available on a moment's notice‐the ‐4.1 choice when others have failed to shade their findings i i i i to satisfy the lawyers and clients who hire them. It is what has happened here. Cheetam has exhausted i of loc4l experts, men who in good conscience could not li, if the substance of George Cooper's pathology report. T=771r@ offered to put a favorable spin on some of die findings.

was not good enough for Cheetam. Skarpellos has put touch with Blumberg.

I spent two hours arguing in vain with Cheetam that it a mistake of monumental proportions. He told me if I vcollwl handle it to stay home.

Blumberg is an impish little man with wire‐rimmed a booming voice. He fits the popular image the feisty nature that has allowed him to weather. the 1 career of rigorous cross‐examination. He has spent twenty fighting a fundamental lack of credentials and s 1.1 . I W Today he is sharing his expertise on the subject of fe'77" pathology. He takes the stand, is sworn, and Cheetam

"Doctor Blumberg, are you familiar with

lividity?"

"I am A "I call your attention to the medical examiner's reportyou read this report?" 111 have."

"In particular have you examined page thirty‐seven report‐die so‐called blood‐spatter evidence found in the elevator near Mr. Potter's officet'

Blumberg nods knowingly. He is particularly good at 177 has been known to make a complete ass of himself on the and still nod knowingly‐with great authority. "Have you read that part of the report, doctor?"

"I have." : and have you come to any conclusions regarding the findings there, specifically I refer to the conclusion that the drop of in question was that of the decedent, Benjamin Potter?" have. It is my professional opinion that the finding of the cal examiner as to this evidence is incon‐ect‐it is in error," tys. keetam. looks to the bench for effect. O'Shaunasy is not takkotes. Lnd on what do you base this opinion? )n the clotting patterns of blood." es, doctor." Cheetam is moving in front of the witness box alternately bending low and pacing, using body English to the witness out, to get him to deliver the canned opinion the two of them have hatchednotice that Harry has begun to doodle on a legal pad as he next to me, a small round circle that he inscribes over and with his pen, until it is burned into the page.

'lease explain to the court, doctor." lood clotting occurs as a result of a complex of chemical ns involving plasma, protein fibrinogen, platelets, and other )rs. Clotting begins soon after death, causing a separation of fibrin and the red blood cells from the remaining liquid, the ," he says. "Once clotting has occurred, blood will no longer freely from a wound." ‐low soon after death would clotting occur so that the blood I'd no longer flow freely from the bodyt Fifteen minutes." lb soont' Yes." arry's doodle has now grown a thin straight line, two inches , down toward the bottom of the page. What is the significance of this factor in the present case, tor?" kccording to the pathology report the time of death was n‐oh‐five P.m. Accepting the theory of the police that the Aent was killed elsewhere and that his body was moved to office shortly before the reported gunshot in the office at t‐twenty‐five, I most conclude that the blood in the victim I'd have already clotted and would not have flowed freely in r to drop in the elevator as stated in the report." 'heetarn is oblivious to the fact that his own expert is now epting as gospel the time of death fixed by Coop. This is, in fact, wholly inconsistent with the defense that Ben shot himself, for under this theory, he died nearly an hour and a half before the sound of the shotgun blast in the office. Little details. "Mank you, doctor. Your witness."

Nelson cracks a slight grin and rises from behind the coun@ sel table.

"Doctor Blumberg, are you board certified as a pathologist?"

Blumberg mumbles. Along with authoritative and nods, he is recognized for his excellent mumbling, I on cross. "I couldn't hear the witness."

The court reporter has chimed 14', She is stalled at her stenograph machine by the witness, who 774r@ swallowed his answer. O'Shaunasy leans over the bench. "I didn't catch it either

"No."

Blumberg is looking at the court reporter through bottle lenses, a magnified evil eye. "Have you ever practiced in the field of forensic Nelson is enjoying this. "I have testified in the field many times."

"I'm sure you have, doctor, but that doesn't answer my tion. Have you ever practiced in the field of

"No."

"I see. Tell us, doctor, are you board certified in any Mr‐K' "I am."

This is stated with some pride. The witness .41 in the chair and puffs his chest a little. "And would you tell the court what field that is." M

lit found the soft underbelly. "Psychiatry. I am licensed as a medical doctor," he says. ticket as a physician has been the basis for Blumberg to ‐o nose under every scientific tent known to mankind. Harry's doodle now has two lines coming off of the ‐4, single line, drawn out and down at a forty‐five‐degree form a large inverted

"Y."

"I see, so you're a medical doctor, board certified as to .4"L, in the field of psychiatry, here to testify on the fine T"@ ‐ A 71MVIRF, forensic pathology and specifically serology, the science s) clottingt'

To this Blumberg says nothing, but merely nods, this ZM' so much confident as nervous. "The court reporter can't register a head bob, Doctor You'll have to answer the question audibly." The him. : "Yes," he says. His looks‐could‐kill expression is reserved for Shaunasy

"Let me

ask you, doctor. Have you ever published any scholarly cles on the subject of bloodstain evidence in criminalistics?"

"No." Blumberg is becoming imperious now, refusing to look Ison in the eye. "Let's take it out to the more general field. Have you ever pubhed any scholarly articles in the field of forensic sciences?"

"Not that I can recall."

"Not that you can recall? Well, doctor, I have a copy of r curriculum vitae here, and I've combed it pretty well and an't find a single article published by you in that field. Now would assume that if you had published anything in the field forensic sciences you would have included it in your r6sum6, uldn't you?" Cheetam's doing nothing to stop this pummeling. There is little can do but rise and stipulate that his expert has no expertise. Harry's doodle has now grown two arms, the little stick figure a man. Blumberg is twitching nervously on the stand.

A slight tic ksms intermittently through his right cheek, like the tremor of the larger imminent quake deep beneath the surface. "Well, you would have included it, wouldn't you?"

"Yes. 11 "So it's safe to say that you haven't published any articles, tolarly or otherwise, in the field of forensic sciences?"

"Yes, yes. But

as I have stated, I have testified on numerous asions on the subject."

"Yes, I'm aware, doctor, of your regular appearances in court. fact, doctor, isn't it safe to say that you are what some would I a professional expert witness, that that's what you do for a ng T, "I testify regularly, if that's what you mean."

"That's not quite what I

mean. I mean you no longer practice icine, whether in psychiatry or any other field. When was the time you saw a private patient for a fee, doctor?" Your Honor, I object to this." Cheetam's on his feet. "If counwants a stipulation as to the limits of this witness's expertise n perhaps we should have a sidebar or retire to chambers." It's @eble attempt to dodge Nelson's bullet. Counsel, you put this witness on the stand." Looking over her sses at Cheetam, O'Shaunasy's showing no mercy.

"Vell, can't we move on at least? Counsel's made his point. He's just badgering the witness now."

"I think you've made your point, Mr. Nelson. Can you mrftw4 alongt'

"Yes, Your Honor."

Nelson retreats to the counsel table and flips through stacks of papers, finally finding what he wants. He looks W1 at Blumberg, who by now is starting to show fine drops perspiration on his forehead. "Doctor, do you often testify in criminal cases?"

"I have testified in them before."

"But is that your regular venue? Isn't it true that you Iwo appear in civil cases?"

F.P Sensing a more friendly line of inquiry, a concession on part,of Nelson that perhaps the witness is a little out of his MO Blumberg concedes the point with a SM1* le and a warm nod. patting his forehead with a handkerchief now, sensing that 17@1 worst may be over. I look over and there is now a small line about where the 177would be on Harry's stick figure, and another, heavier line, HTT.' broad beam going up the page, a little taller than the figure, then again a heavy line over its head. "Doctor, do you recall testifying in the case of anicker Smith, a case involving wrongful death, tdhe hit‐ ‐ nofa boy, two years ago?"

"I don't .. I don't know. I can't remember every case ever testified in."

"I can imagine." There is more than a little sarcasm in son's voice. "I have a transcript here, doctor. A transcript of youi‐MITM77.' in that case. I'd like to show it to you and ask whether V" transcript might refresh your recollection."

4!‐" Blumberg is moving around now in his chair like a man Mi‐t!" to sit in his own stool. ze O'Shaunasy has picked up her pencil. Nelson shows the document to him. Blumberg won't rem‐1, like it's some corrosive acid. Nelson has to prop it on the eit' of the witness box as the witness lowers his head and aims: spectacles to examine the cover page.

‐N, "I see I'm listed there as a witness," he says. "I'liat must have testified."

"It would appear so, doctor. Do you recall the case sm,.WA@', :

"Faintly," he says. "Right. In part, the issue in that case involved the time of th, when the little boy died. You appeared for the defense, insurance company representing the alleged driver. Does that p you at all?" Meetam's on his feet. "Objection, Your Honor, we haven't had opportunity to see this transcript." '4elson retreats to the counsel table and pulls another copy from pile of papers and drops it unceremoniously on the table in t of Cheetam, who begins to scour it for significance. "During your testimony you were questioned as to the clotting rties of blood. Do you recall that testimony, doctor?" rhere's a shrug of the shoulders. "Not precisely." [be drops of perspiration have now turned into a river, flowing th around the eyes, along the sideburns, and down Blumberg's lar. "In that case the driver claimed that he was home with his wife @e time that the little boy was killed.