David Kessler - No Way Out

“What is it?” asked Martine, seeing the look on Alex’s face.

“There’s another suspect. And he also matches.”

“Let me see!” she said, snatching the report from Alex’s hand.

“Oh my God!” she blurted out.

“What?”

“It’s Louis Manning.”

“That name sounds familiar.”

“Good God! For a lawyer, you sure could use a bit more attention to detail. That’s the name of the man who tried to rape me!”

Paul Greenberg was sitting at the console of the network server looking at an information log-on the screen. It was one of the routine checks that he did at the start of his shift. He took his role as Systems Administrator very seriously, so the first thing he did whenever he started his shift was run a series of checks to find out in what state the system had been left by whoever was last on duty as Systems Administrator.

It was while he was making these routine checks that he noticed something unexpected. He leaned forward and peered intently at the screen. What he saw shocked him. It showed him logged on earlier during the day. That didn’t make any sense. He wasn’t even here at the time. He was on nights.

He typed in an instruction and called up another screen-full of information. Not only did the user log show him as logged on to the system, but the activity log even showed him uploading and downloading files — something that he hadn’t done all week. The only time he would download or upload files was if he was requested to help staff members of law enforcement agencies who were having trouble using the system.

A few more information requests typed in at the keyboard gave him a clearer idea of what had happened. Some one had accessed the system from outside, via the web server and not only gained “root” control over it, but from there gone on to gain access to the DNA database server via the network server. That could mean trouble.

He transferred his attention to the DNA database server and checked the activity log there. And what he saw filled him with horror

Some one had remotely deleted a file and replaced it with another.

That wasn’t right! The DNA server wasn’t supposed to be accessed remotely at all — and certainly not with superuser privileges. It was a Local DNA Database Index, with the emphasis on the word “Local”. It was only supposed to be used by the local DNA lab in the government center itself. Indeed one of the conditions for the LDIS being allowed to upload to the California SDIS and the NDIS in Washington DC was that they use dedicated, unswitched lines. But some hacker had evidently bypassed this by logging on to the web server for the building and maneuvering their way through the internal trusted connections. And what was worse — Greenberg realized — they had done so by impersonating him .

He had to tell some one. But at this time there was no one to tell. He had to find out more. He had a long night ahead of him.

It was Monday morning and once again the lawyers were in Justice Ellen Wagner’s chambers to deal with the issues arising out of the results of the DNA tests.

As they were all familiar with the results already, Justice Wagner was taking the initiative. Right now, she was speaking and the others were listening.

“We have now established that neither Elias Claymore not Louis Manning can be eliminated as suspects based on the DNA alone. As matters stand now, the jury are aware of the falsification of the original DNA evidence by Steven Johnson. As they have been made aware of this, it cannot be held that this will have a prejudicial effect against the defendant. However, the new evidence cannot now be introduced by the prosecution because the prosecution has rested its case.”

Sarah Jensen leaned forward.

“Your Honor, we would seek to introduce this as rebuttal evidence.”

Justice Wagner looked at Sarah Jensen with condescension bordering on contempt.”

“You’ve got to kidding Ms Jensen. There’s no way this could be considered rebuttal.”

“Steven Johnson was a defense witness Your Honor. It’s in response to his testimony. Therefore technically…”

She trailed off, realizing just how weak her argument really was. Justice Wagner spoke.

“This isn’t rebuttal of Steven Johnson’s evidence. This is new evidence. You’re not challenging the fact that the State’s own DNA testing was flawed by Steven Johnson’s carelessness and subsequent chicanery. You’re asking for a second shot to make up for the fact that your original DNA evidence was discredited.”

Sarah Jensen remained silent.

“I can understand your concern. You fear that if I declare a mistrial, even without prejudice, you won’t be able to persuade Bethel Newton to testify at the retrial after what she’s been though already. Mr. Sedaka, you’re also caught on the horns of a dilemma and you don’t know whether to push for a mistrial or not. I’ve made it clear that I won’t grant a mistrial with prejudice, but will simply order a retrial. You fear that if the case goes to retrial, Bethel Newton might yet be persuaded to testify and will be better prepared this time around. You also fear that a retrial will deny you the benefit of having discredited the prosecution’s DNA evidence and even open the door to the people introducing the new DNA tests, although you will, for your part, be allowed to introduce the fact that that the genetic profile also matches Louis Manning.”

“I can do that now, without a retrial, Your Honor.”

“Except that if you do, then I would have to rule that you have opened the door to the prosecution introducing all the results of the new tests including the fact that they match the defendant.”

“That’s not fair Your Hon-” Andi blurted out.

She was silenced by a slight motion of Alex’s index finger. The judge continued.

“It’s perfectly fair Ms Phoenix. In order to introduce the facts pertaining to Louis Manning, the defense will have to introduce the results of the new test itself. Once the defense does that, the prosecution will be able to introduce whatever else is in those same tests. There is no way that the results can be separated or isolated.”

“So the question that you both have to ask yourselves is would you rather continue or go to a new trial. As I have stated, I won’t grant a mistrial with prejudice. But I will consider either a mistrial without prejudice followed by a retrial or proceed with the present trial. In the event that you agree to proceed, I will leave it in the hands of the defense whether it wishes to introduce the new test results or not.”

“I don’t understand, Your Honor,” said Sarah. “Why should the defense have the prerogative of deciding about the admitting tests results if we agree to proceed?”

“Because as a matter of law, the prosecution has rested and cannot now introduce new evidence. This is a court of law Miss Jensen, not a court of whims.”

Now it was Alex’s turn to sound confused.

“In that case, Your Honor, why is the Court not making its own decision as to whether to carry on or go to a retrial.”

“Because, Mr. Sedaka, this issue has become very complicated. Although I ultimately have the authority to decide, I can see that this is a dilemma for both parties. Whatever ruling I make, some one is liable to be dissatisfied, possibly both of you. So I’m leaving the matter in your hands — yours and the prosecutor. I’m going to adjourn this hearing and give both sides an hour to try to come to some agreement. Then if you agree, we’ll do whatever you both agree upon.”