David Kessler - No Way Out

“We had three nail clipping samples, two from the index and middle finger of Miss Newton’s left had and one from the thumb of her right. These samples were all stored separately, so as to ensure that if they had to be tested destructively, some portion of the sample would be preserved. Therefore although the sample that was used in this test was lost, there were in fact two other samples available for testing purposes and these two samples are still in storage at the Ventura lab. I suggest that the Court grant a continuance so that we can process and test one of these samples.”

Alex was getting increasingly irritated, as he sensed victory slipping away.

“Your Honor, if this is so then why did this witness create a fake sample. Why did he simply not check out one of the spare samples?”

“I think the answer is obvious,” said Justice Wagner. “He didn’t want to admit his own mistake. Also he may not have known about the other samples. He only knew what he was told. Maybe they gave him just the one evidence sample and told him to test it with no other instructions. At any rate, the other samples exist, so they can be tested.”

“Your Honor even if this is so, in view of the behavior of this employee of the lab and the failure of the lab to stop him or even detect his misconduct, my client has legitimate grounds for concern over the reliability of any future testing procedures done by this lab until the matter can be thoroughly investigated. Moreover because of the evidence on record already, I would submit that this jury is tainted by that false evidence.”

“You could always move a mist-trial without prejudice, Mr. Sedaka. That way we could start again with a new jury.”

Alex hesitated. He was about to launch into another objection, on the grounds that this would enable prosecution witnesses to avoid the pitfalls that they had fallen into the first time around. But then he realized that it might have the opposite effect. Alvarez could only answer according to the science and whatever the new tests showed, he would have to testify accordingly. But Albert Carter and Bethel Newton herself might be reluctant to testify at all — after the humiliation they been put through on cross-examination.

“I’m ready to accept that, Your Honor.”

But now Sarah Jensen was panicking.

“Your Honor, that would be extremely disruptive and would cause considerable distress to several prosecution witnesses who are clearly emotionally fragile and who have been testifying in good faith.”

Ellen Wagner thought for a moment.

“At this stage we don’t know what the results of the tests will be. There seems to be no point in anticipating the results. If the new tests exclude the defendant then the matter will be decided for us. If not then I’ll hear legal arguments as to how to proceed at that stage. In the meantime, how long will the tests take?”

Justice Wagner had turned to Sarah Jensen when she asked this.

“We’ll be using Y-STR again so four or five days should be enough.”

The judge turned to Alex.

“In the event that the new tests fail to exclude the defendant will the defense be ready with legal arguments by Monday morning?”

“Yes Your Honor.”

“Ms Jensen?”

“Yes Your Honor.”

“All right, this case is adjourned until Monday morning.”

Andi hadn’t told Gene about the adjournment. Instead she decided to do what Gene had done at the weekend and surprise her lover — in this case, with an unexpected mid-week visit. Of course Gene might catch a TV news report in which they’d mention that the court wasn’t due to reconvene until Thursday. But she was unlikely to make anything of it. And if she did, she’d phone and ask Andi if she was planning on coming home.

It would be nice to surprise her.

She decided, when she arrived at the airport in the early afternoon to go home while Gene was at work and have a hot dinner waiting for her in the oven, to be served on their best china on a lace tablecloth, complete with candlelight and wine. It was a long time since they had done anything romantic.

The house had been empty when she got home and she took this as a sign that Gene was working late as usual. Now as she prepared Boef Bourguignon in an empty house, she felt guilty about leaving Gene to shoulder this burden alone while she had been up in Oakland, fighting for that lowlife who was — as Gene had said — so unworthy of her efforts.

But at least, she told herself, it enabled her to surprise Gene with a beautifully laid table, when she finally came home. The only trouble was that as eight O’clock went by and blended into nine O’clock, there was still no sign of Gene. At first Andi tried to keep the food warm for Gene’s arrival, but had finally given in and turned it off altogether, rather than let it get overdone and dried out.

But now with nothing more to do but wait, a desolate loneliness swept over her. Being here alone, made her feel uncomfortable and she realized now how uncomfortable it must have been for Gene all these days in her absence.

Seized by guilt she went out to her car and drove off to the rape crisis center.

“Hi Bethel. How are you holding up?”

“Okay,” Bethel replied weakly.

“Did you see what happened in court?”

“Yes… on the TV…”

“Me too.”

“Oh.”

Bethel had been staying at a witness hostel in Oakland because she had to continue attending the trial until she was discharged, in case either party needed to recall her as a witness. But after the adjournment she had got a message on her cell phone that had changed all that

“I was afraid they were going to throw the case out.”

“But they didn’t,” said Bethel.

“I know. I guess now we know why the DNA implicated Claymore.”

“Yes but now that they’ve found out…”

Bethel trailed off, unable to get the words out.

“I know, I know. But that was always the risk. You know what the Italians say: Que Sera, Sera.”

“What?”

“What will be, will be.”

“Oh.”

Beth started to cry.

“Hey listen. I don’t want to hear any of that. At least you gave the bastard a good scare.”

“Yes but that’s not what I’m worried about.”

“There’s nothing to worry about. Even if Claymore is cleared, that doesn’t make you a liar. And they can’t touch you. All it means is that it was a case of mistaken identity.”

“No, you don’t understand! I scratched you too !”

“What are you talking about?”

“When I dug my finger’s into your arm. Don’t you remember?”

There was a moment’s hesitation.

“That was your right hand. I’m sure of it.”

“Yes you’re right. I mean my right. I mean…”

“Well which of your hands did they take the nail clippings from, left or right.”

“The left I think. No wait a minute. I think they took from both. Two from the left and one from the right.”

“Okay well never mind. That’s nothing to worry about. They’re using Y chromosome DNA, and only men have that. Anyway, there’s nothing to compare it to — nothing from me I mean.”

“All right.”

“Okay well anyway, get a good night’s sleep… and stop worrying.”

“Wait!”

“What?”

“There’s something else… something weird happened on Saturday.”

“What?”

“I had a call from a woman. I don’t know how she got my number. But she said that she was going to make sure that Claymore got what he deserved.”

“And it wasn’t anyone you know?”