Parnell Hall - The Innocent Woman

“I have, Your Honor,” Dirkson said. “Which is why I would like to withdraw this witness.”

“I would imagine the defense would have something to say about that.”

“I have, Your Honor,” Steve Winslow said. “I have not waived my right to cross-examine this witness, and I certainly don’t intend to do so now. I say, call in the jury and return the witness, to the stand.”

“There you are, Your Honor,” Dirkson said. “Just what you’d expect. Knowing what I have in mind, the defense will use any stalling tactic it possibly can. If you return this witness to the stand, the ensuing cross-examination will take all day.”

“I assure you it will not,” Steve said.

“That’s not the point,” Judge Wylie said, irritably. “There’s no limit on cross-examination as long as new subjects are being raised. If they are not , Mr. Dirkson, you can object on the grounds that the question has already been asked and answered. Such objections would be sustained and such tactics would be recognized for what they are. And should they persist, they should be considered contempt of court. So there’s nothing to worry about in that regard, and no reason at all to disrupt the orderly process of this trial. Unless you have any further objection, I intend to return the witness to the stand.”

“You’re inviting a filibuster,” Dirkson blurted.

Judge Wylie’s face darkened. “I believe I have made my position clear. Mr. Dirkson, do you have anything else?”

“No, Your Honor.”

“Fine. Bring in the jury and return the witness to the stand.”

When the jurors had been seated and Jerome Keddie was once more on the witness stand, Judge Wylie said, “Mr. Keddie, yesterday you completed your direct examination. Now is the time for the defense to cross-examine. May I remind you that you are still under oath. Mr. Winslow?”

Steve Winslow stood up. “Thank you, Your Honor.” He walked over to the witness box and looked at the cab driver. He paused dramatically. Then he looked over at the jury. Then back at the witness. Then up at the judge. “No questions, Your Honor.”

There was a gasp from the spectators.

Harry Dirkson’s mouth fell open.

Judge Wylie’s eyebrows raised.

Only the jurors, who had not been present for the argument, didn’t realize what a shock that was. They looked at each other, wondering what was going on.

“Very well,” Judge Wylie said. “The witness is excused. Call your witness, Mr. Dirkson.”

Dirkson was confused by this turn of events, but not enough to deter him from his course. “Call Larry Cunningham,” he said.

Cunningham, giving every indication of resenting being there, entered from the back of the court and strode up the aisle. He took the oath, sat on the witness stand, and glared down at the prosecutor.

“Mr. Cunningham,” Dirkson said. “Are you acquainted with the defendant, Amy Dearborn?”

“Yes, I am.”

“Did you have occasion to see her on the night of June tenth?”

“I have seen her on several occasions.”

“I’m sure you have, Mr. Cunningham. But I’m asking you about this particular one. So allow me to refresh your memory. This was the night Frank Fletcher was killed. The night Amy Dearborn was arrested. I’m asking you if you happened to see her on that date?”

“Yes, I did.”

“You had dinner with her on that occasion?”

“That’s right.”

“And where did this dinner take place?”

“At the Abbey Pub.”

“And just what is the Abbey Pub?”

“It’s a small bar/restaurant on 105th Street.”

“West 105th Street?”

“That’s right.”

“Would that be in the defendant’s neighborhood?”

“Yes, it would.”

“Where does she live?”

“On 107th.”

“Did you pick her up there to go to the restaurant?”

“Yes, I did.”

“What time was that?”

“Sometime between six-thirty and seven o’clock.”

“So you went to this restaurant, the Abbey Pub, and had dinner?”

“That’s right.”

“What did you talk about?”

Larry Cunningham looked over at Steve Winslow, expecting an objection. When none came, he looked up at the judge. “Isn’t that hearsay, Your Honor?”

“What a third party said is hearsay. What the defendant said is an admission against interest.”

“You mean I have to answer?”

“Yes, you do.”

Cunningham took a breath. “We discussed the trial.”

“That would be the case in which the defendant was tried for petty theft?”

“That’s right.”

“That case took place that very afternoon, didn’t it?”

“Objection. Calls for a conclusion on the part of the witness.”

“Nonsense. How is that a conclusion, Your Honor?”

“Was the witness there ?” Steve said.

“The objection is sustained. Rephrase your question.”

“Did the defendant tell you when the trial took place?”

“Yes, she did.”

“And when was that?”

“That afternoon.”

Dirkson looked at the jurors, as if to say, there you are. He turned back to the witness. “And what else did she tell you about the case?”

“I beg your pardon?”

“About the verdict, for instance. Did she tell you how it made her feel?”

“It made her feel great, of course. She was found innocent.”

“Yes, but is that all?” Dirkson said.

Cunningham frowned. “All?”

“Didn’t she say anything else? About how the verdict wasn’t enough?”

“Wasn’t enough? What more could it be? There’s innocent and there’s guilty. She was found innocent.”

“Yes, I know,” Dirkson said. “What I mean is, did she say anything along the lines of how being found innocent wasn’t enough? That Frank Fletcher should pay for what he’d done?”

“As a matter of fact,” Cunningham said, “I believe she did mention her attorney had suggested the possibility of a lawsuit.”

“That’s not what I mean,” Dirkson said, “and you know it. I’m talking about threats of physical violence directed toward the person of the decedent, Frank Fletcher. Did the defendant make any such threats?”

“Absolutely not,” Cunningham said. “Amy would never do anything of the sort.”

“Is that so?” Dirkson said. “Do you mean to tell me she never once said anything like, I could just kill him, or, he should get what’s coming to him, or, a man like that doesn’t deserve to live?”

“Absolutely not.”

Dirkson glared at the witness a moment, then turned to the judge. “Sidebar, Your Honor.”

When the judge and attorneys had gathered at the sidebar and the court reporter had set up his machine, Dirkson said, “Your Honor, this witness is lying. I have it on good authority that the answers he has just given constitute perjury. He is the boyfriend of the defendant, and he will clearly do anything to save her. I did not realize that went so far as to include committing a crime.”

Judge Wylie frowned at the district attorney. “Just exactly what do you expect me to do about it?”

“You can give me some latitude in my questioning. I called this man as my witness, and I’m bound by his testimony. He’s committed perjury, and now I’m in the position of having to impeach him. I can probably do it, but you must understand, it’s a rather exasperating position to find oneself in.”

Steve Winslow shrugged. “You chose it.”

Dirkson’s face purpled. His eyes blazed. “And there’s a fine statement coming from defense counsel, when he knows perfectly well he engineered the whole thing.”

“One moment,” Steve Winslow said. “Are you accusing me of suborning perjury? Is that the serious charge, you were referring to before?”