Robert Browne - Trial Junkies

"So is it possible you dismissed him as a suspect because of your relationship?"

"No," Meyer said. "When you're investigating a crime you learn very quickly that the evidence is all that matters."

"So you've said. Yet here you had a man who fit the statistical profile to a T. He had a prior intimate relationship with the victim, and no alibi for the night in question."

Meyer chuckled. "Like I told you, we follow evidence, not statistics. Besides, when you've been a cop as long as I have, you learn how to spot a liar very quickly. And not only is ADA Lutz not a liar, he's a man of great integrity. He recused himself from the case the moment he found out who the victim was."

"A man of great integrity," Waverly repeated with some doubt in her voice. Then she said, "What about Ms. Baldacci?"

"What about her?"

"When you arrested her and brought her down to the station, I assume you questioned her?"

"Yes," Meyer said. "Until she requested a lawyer."

"Did you ask her about her relationship with Ms. Keating?"

"Yes," Meyer said.

"And how did she characterize it?"

Meyer thought a moment. "She said they were friends and housemates in college, but hadn't really kept in touch. She claimed the last time she'd seen Ms. Keating was when they ran into each other at a play, about a month before the killing."

"And what about an alibi? Did she have one for the night in question?"

"On the contrary," Meyer said. "Her mother told us she'd gone out that night."

"And what did Ms. Baldacci say?"

"That she'd had a lot on her mind and went out for a drink. She couldn't remember the name of the bar, so there were no witnesses to corroborate."

"But your super-duper built-in lie detector told you she was lying, correct?"

"Objection, Your Honor."

"I'll rephrase," Waverly said, still looking at Meyer. "Did you think Ms. Baldacci was lying?"

"At that point I knew she was."

Waverly nodded, then said, "So let's explore this a moment. You had two people without alibis. Mr. Lutz had recently been intimately involved with Ms. Keating, while my client hadn't had any significant contact with her in years. Yet you targeted Ms. Baldacci as your prime suspect?"

Meyer nodded. "Based on the evidence, yes."

"Which evidence was that?"

"The forensics and the phone calls."

"Yet you've testified that, except for those calls, none of this evidence came to light until the day you arrested Ms. Baldacci."

"Which is why we arrested her."

"But you also previously testified that whenever you hit a dead end, you went back to Ms. Baldacci as a potential suspect, isn't that right?"

"I believe that's what I said, yes. Because of the phone calls."

"And when you checked the victim's phone records, did you notice any calls from ADA Lutz?"

Meyer hesitated. "A few, yes."

"What do you mean by a few? Two, three?"

"More than that."

"Five, ten or more?"

"I can't be sure. I'd have to check the records."

"Did you ask ADA Lutz about these calls?"

Meyer shook his head. "Like I said, they parted amicably, so they were still friends. Friends call each other."

"I see," Waverly said. "Yet you didn't feel Ms. Baldacci deserved the same benefit of the doubt?"

"Not when I saw the forensics."

"But you've now testified twice that you kept going back to Ms. Baldacci as your potential prime suspect. Which would indicate to me that you'd had her in mind even before you had the forensics report or found the sweatshirt in her garbage bin. Is that a fair characterization of your thinking?"

"We had several people in mind, but yes, she was the one who stuck out."

"But doesn't that contradict your earlier testimony, detective?"

Meyer frowned. "How so?"

"You've said several times that when you investigate a crime, you learn very quickly that the evidence is all that matters. That you follow it to see where it leads."

"That's right," Meyer said.

"Yet early in this investigation, when you had only a few phone calls to go on, it was Ms. Baldacci who, as you said, stuck out. And even though ADA Lutz had called the victim several times himself and fit the statistical profile to a T, you almost immediately dismissed him as a potential-"

"Is there a question in there somewhere?" Abernathy barked.

Judge O'Donnell said, "I assume you have one, Ms. Waverly?"

"I do, Your Honor." She looked at the witness. "Detective Meyer, prior to the discovery of the forensic evidence-in fact, prior to even questioning my client-why did you consider her a suspect over Mr. Lutz?"

Meyer opened his mouth to speak, then closed it again. For the first time he seemed to be at a loss for an answer, his cocksure demeanor vacating him like smoke up a chimney.

"Detective Meyer?"

Hutch could almost see the gears grinding inside Meyer's head. He regained his composure, then said, "Because of the nature of those phone calls. Ms. Keating's secretary said they were quite heated."

"Yet you didn't feel it was necessary to ask Mr. Lutz about the nature of his. You just assumed they were friendly, isn't that right?"

Meyer was again at a loss for a response, and Hutch could see the anger rising inside him. He hoped the jury could see it as well.

"You seem to be struggling for answer, Detective, so I'll withdraw the question and ask you another. You've stated several times that your experience as an investigator has taught you how to spot a liar, correct?"

"I don't know about several times," Meyer said. "But, yeah. Most people aren't very good at it."

"What about a woman by the name of Rebecca Tyler? Was she a liar, too?"

Abernathy jumped to his feet. "Objection, Your Honor. Detective Meyer's previous cases have no bearing on these proceedings."

The judge waved a hand at him. "Sit down, Mr. Abernathy. We've been over this ad infinitum and I'm allowing it."

"I want my objection noted for the record."

"That's why we have a court reporter. Now sit down, please."

Abernathy made a show of his unhappiness, demonstrating for the jury the unfairness of it all, then sat back down.

"Detective Meyer?" Waverly said. "Was Rebecca Tyler a liar?"

"The Tyler case was complicated."

"Oh? Can you give us the particulars, please?"

"This was about seven years ago," Meyer said. "A child abduction case. Ms. Tyler's daughter Kayla went missing from her home, and Ms. Tyler was convinced that her ex-husband-the girl's former stepfather-had taken her. Three days later Kayla's dismembered body was found in a supermarket dumpster in Bronzeville."

Several of the jurors' faces blanched in horror, while others nodded their heads as if remembering the event. Hutch had no memory of it himself, but it had happened after he'd left for California, and apparently had never gotten any national airplay.

Waverly said, "And you were the lead detective, correct?"

"Yes."

"Did you question the girl's former stepfather?"

"Of course. Based on Tyler's statements, he was initially our prime suspect."

"Yet he wasn't immediately arrested, was he?"

"No," Meyer said.

"Why not?"

"He had a solid alibi for the time of Kayla's disappearance. He had been fishing with his father and brother, both of whom corroborated."

"So you turned your attention to the mother, correct? Rebecca Tyler."

"Yes."

"And why was that?"

"A number of reasons."

"Can you give us an example?"

Meyer cleared his throat. "Well, we're back to statistics again, but studies have shown us that the mother is most often culpable for the murder of a child under the age of five, a phenomenon known as maternal filicide. Kayla was six, but that was close enough in my book."