Joseph Teller - The Tenth Case

On cross-examination, Jaywalker decided against at tacking Smythe and in favor of adopting him as his own witness. There remained only two names on Tom Burke's witness list, one of which Jaywalker recognized as a hand writing expert. He figured that the other one had to be someone from the company who had written the insurance policy on Barry Tannenbaum's life. It made sense that Burke would wind up his case with his evidence of motive-in other words, leaving best for last. Samara had assured Jaywalker over and over again that while she rec ognized her signature on the application and conceded that the funds for the premium appeared to have come out of her checking account, she'd known nothing of the policy until Jaywalker himself had broken the news to her.

Maybe Smythe knew something about it.

MR. JAYWALKER: Mr. Smythe, you've described how you enjoyed complete access to Barry Tannen baum's books and bank accounts. Did you have simi lar access to Samara's account?

MR. SMYTHE: In a way, albeit indirectly.

Albeit? In all his years of practice, Jaywalker had never before heard a witness utter the word. It struck him as so bizarre, in fact, that he wondered if it might not have some hidden significance. In a lesser trial, he would have chosen to play around with it a little, to see if he couldn't at very least make the witness seem patrician, removed from the real world inhabited by the jurors. But he decided to let it pass and focused instead on the other interesting word Smythe had used in his answer.

MR. JAYWALKER: What do you mean by indirectly?

MR. SMYTHE: In a technical sense, Mrs. Tannenbaum's account was held jointly with her husband. Either of them could make deposits or write checks. Although the way it turned out in practice, Mr. Tannenbaum made all the deposits, and Mrs. Tannenbaum wrote all the checks.

A ripple of knowing laughter from the jury box. Samara the freeloader, the sponger. Not a good image.

MR. JAYWALKER: So did you occasionally sign checks for Samara?

MR. SMYTHE: Yes, if you choose to look at it that way. I prefer to think that I was signing them on behalf of Mr. Tannenbaum, in order to cover some of his wife's expenses.

MR. JAYWALKER: And in the same vein, did you from time to time present Samara with documents for her to sign?

MR. SMYTHE: I did.

MR. JAYWALKER: What sorts of documents?

MR. SMYTHE: Oh, tax returns, driver's li cense renewals, health insurance claims, credit card contracts. That sort of thing.

MR. JAYWALKER: In other words, when there were agencies or entities involved who wouldn't be expected to be comfortable accepting your signature in place of hers?

MR. SMYTHE: That's a good way of looking at it.

MR. JAYWALKER: And would you characterize Samara as having been extremely diligent in reading through each of the items you presented for her sig nature, or somewhat less than extremely diligent?

MR. SMYTHE: Somewhat less.

A couple of chuckles from the jury box. Samara the airhead, the bubble-brain. Fine with Jaywalker.

MR. JAYWALKER: In fact, there were lots of times when she'd indicate in one way or another that she didn't want to be bothered and left the reading of the fine print to you. Is that fair to say?

MR. SMYTHE: Yes.

MR. JAYWALKER: And even a lot of the large print?

MR. SMYTHE: Yes, again. Except in the case of tax returns. Those I always made her read before I permitted her to sign.

MR. JAYWALKER: Because the law compels you to, right?

MR. SMYTHE: And because it's the right thing to do.

Jaywalker walked over to the prosecution table and asked for the original of the life insurance policy applica tion. It had a tag on it indicating that Burke had had it premarked as People's Exhibit 9. Jaywalker removed the tag and handed the document to the court reporter, asking her to re-mark it as a defense exhibit.

Prosecutors hate it when you do that.

MR. JAYWALKER: Mr. Smythe, I show you what's been marked Defendant's A for identification and ask you if you recognize it.

MR. SMYTHE: Yes. Mr. Burke showed it to me some time ago.

MR. JAYWALKER: And what do you recognize it as?

MR. SMYTHE: It's an application for an in surance policy on Mr. Tannenbaum's life. And it ap pears to have been signed by Mrs. Tannenbaum.

MR. JAYWALKER: And the defense stipulates that in fact it was.

THE COURT: Mr. Burke?

MR. BURKE: So stipulated.

What else could Burke do? Jaywalker had not only co-opted his second-best exhibit, a runner-up to the murder weapon itself, now he was stealing Burke's thunder by conceding that the exhibit bore Samara's signature. Out of the corner of his eye, Jaywalker could see Burke scratch ing a name off his witness list, no doubt that of the hand writing expert. Now, completing his trifecta, Jaywalker offered the document into evidence as Defendant's A. Burke could do nothing but mutter, "No objection."

MR. JAYWALKER: Isn't it a fact, Mr. Smythe, that Samara signed this document only because you placed it in front of her and asked her to?

MR. SMYTHE: That is absolutely not the fact.

MR. JAYWALKER: Yet you've told us that that exact thing happened rou tinely, didn't you?

MR. SMYTHE: It happened.

MR. JAYWALKER: Routinely?

MR. BURKE: Objection.

THE COURT: Perhaps you'd like to re phrase the question.

MR. JAYWALKER: Sure. Would you say it hap pened more than once over the years since Barry and Samara married?

MR. SMYTHE: More than once? Yes.

MR. JAYWALKER: More than half a dozen times?

MR. SMYTHE: Yes.

MR. JAYWALKER: More than a dozen?

MR. SMYTHE: Yes.

MR. JAYWALKER: More than two dozen?

MR. SMYTHE: Most likely.

MR. JAYWALKER: Routinely?

MR. BURKE: Objection.

THE COURT: Sustained.

Again Jaywalker walked over to the prosecution table and huddled with Burke.

"What is it you want this time?" Burke asked. "My undershorts?"

"Not yet," said Jaywalker. "But I'll take that check over there, the one that paid for the premium."

Burke coughed it up and sat helplessly by as Jaywalker had the exhibit re-marked, identified by the witness and received in evidence as Defendant's B.

MR. JAYWALKER: Do you recognize the signa ture on that check?

MR. SMYTHE: Yes, I do.

MR. JAYWALKER: Would you read us the name that was signed.

MR. SMYTHE: "Samara M. Tannenbaum."

MR. JAYWALKER: Did Samara in fact sign that check?

MR. SMYTHE: No.

MR. JAYWALKER: Sorry, I couldn't hear your answer.

MR. SMYTHE: No, she didn't sign it.

MR. JAYWALKER: Who did sign it?

MR. SMYTHE: I did.

MR. JAYWALKER: You signed Samara's name?

MR. SMYTHE: Yes.

Jaywalker had a few more questions written down for Smythe, but anything else was going to be severely anti climactic. He knew the accountant would no doubt have a logical explanation for having done what he did. But why give him the chance to rehabilitate himself? Better to leave that to Burke on redirect examination and then come back on recross.

A lot of lawyers never know enough to quit while they're ahead. Jaywalker, who'd been ahead precious little in this trial, was going to be damned if he made that mistake.

"No further questions," he said.

Burke was on his feet before Jaywalker was off his.

MR. BURKE: A few minutes ago Mr. Jay walker asked you about this document, Defendant's A in evidence. Specifically, after conceding that it bears his client's signature, he asked you if she signed it only because you told her to. Do you recall his ask ing you that?

MR. SMYTHE: Yes, I do.

MR. BURKE: And you replied, rather em phatically

MR. JAYWALKER: Objection.

THE COURT: Sustained. Leave out the char acterization, please.

MR. BURKE: And you replied with the words "absolutely not."