Джеффри Дивер - The Midnight Lock

“You testified on direct that no fingerprints of my client were left at the crime scene where Leon Murphy was murdered, correct?”

“No, I did not.”

Coughlin frowned, looking at a yellow pad that might have contained perceptive notes or might have contained doodles or a recipe for beef brisket. Rhyme happened to be hungry. It was ten a.m. and he’d missed breakfast.

Coughlin glanced at his client. Viktor Antony Buryak, fifty-two. Dark-haired like his mouthpiece but bulkier, with Slavic features and pale skin. He wore a tailored charcoal gray suit and a burgundy vest. Buryak’s face was oddly unthreatening. Rhyme could picture him serving up pancakes at a church basement fundraiser and remembering every parent by name and giving the kids an extra splash of syrup.

“Do you want me to read you back your testimony?” Coughlin, who’d been hovering close to Rhyme, like a shark near chum, lifted a palm.

“No need. I remember it. I stated — under oath, I’ll just reassure you — that of the fingerprints collected at the scene of Leon Murphy’s murder, none could be identified as your client’s.”

“What exactly is the difference?”

“You said I testified that your client left no fingerprints at the scene. He might very well have left a million of them. The evidence collection team simply didn’t recover any.”

Coughlin rolled his eyes. “Move to strike.”

Judge Williams told the jury, “You’ll disregard Mr. Rhyme’s response. But try again, Mr. Coughlin.”

Looking put out, Coughlin said, “Mr. Rhyme, no fingerprints of my client were discovered at the crime scene where the convicted felon Leon Murphy was shot, correct?”

“I can’t answer because I can’t speak to whether the victim was a convicted felon or not.”

Coughlin sighed.

The judge stirred.

Rhyme said, “I agree with your ‘were discovered’ part of that sentence.”

Coughlin and Buryak shared a look. The client was taking this better than his attorney. The lawyer returned to his table and glanced down.

Rhyme regarded the jury and found more than a few looking his way. They’d be curious about his condition. Some defense attorneys, he’d heard, privately complained about his presence, given that he was a quadriplegic, testifying from a wheelchair — which, they believed, generated sympathy for the prosecution.

But what could he do? Wheelchair bound he was. Criminalist he was.

Rhyme’s eyes circled to the defendant. Buryak was a unique figure in the history of organized crime in the region. He owned a number of businesses in the city, but that wasn’t how he made most of his money. He offered a unique service in the underworld, one that had probably cost more lives than any other organized crime outfit in New York’s exceedingly criminal history.

The People of the State of New York v. Viktor Buryak , however, had nothing to do with that. This was about a single incident, a single crime, a single murder.

Leon Murphy had been shot to death a week or so after a meeting with the manager of a warehouse that Buryak owned. Murphy was a psychotic wannabe gangbanger who fancied himself a descendant of the Westies, the brutal Irish gang that had once ruled Hell’s Kitchen in Manhattan. Murphy had made a sales pitch offering protection to the warehouse manager.

A very bad business idea, selling that particular product to that particular consumer.

Coughlin asked, “Did you find footprints near Leon Murphy’s body? Or near where the bullet casing was found?”

“Near the body, the field was grassy, no footprints could be ascertained. Near the bullet casing, the evidence collection technicians found footprints but because of a recent rain it was impossible to determine the type of shoe.”

“So you can’t testify that my client’s footprints were found at the scene of the crime?”

“Don’t you think that can be inferred from my prior comment?” Rhyme asked acerbically. He’d learned that nobody cares about badgering attorneys. That’s what they’re paid for.

“Mr. Rhyme, does the NYPD forensics unit routinely collect DNA at crime scenes?”

“Yes.”

“And did you discover any of my client’s DNA at the scene where Leon Murphy was killed?”

“No.”

“Mr. Rhyme, you analyzed the bullet that killed Mr. Murphy, correct? That is, the lead slug?”

“Yes.”

“And you analyzed the shell casing too?”

“That’s correct.”

“And, once more, what caliber was that?”

“Nine-millimeter parabellum.”

“And you testified that the lands and grooves, that is the rifling of the barrel, suggest that the gun was a Glock seventeen.”

“A Glock definitely, a model seventeen most likely.”

“Mr. Rhyme, did you or any investigators you were working with check firearms records in any state or federal databases with regard to my client?”

“Yes.”

“And does or did he own a Glock, specifically a model seventeen?”

“I have no idea.”

“Explain, Mr. Rhyme.”

“He might own a dozen.”

“Your Honor,” said Coughlin. He sounded slightly wounded that Rhyme was treating him so unfairly.

Was Viktor Buryak on the verge of smiling?

“Mr. Rhyme.” The judge was growing weary.

“He asked if he owned a Glock, and I testified that I have no idea. Which I don’t. I can testify that the record shows that, in New York State, he owns no legally registered Glocks.”

ADA Sellars said, “Your Honor, the defense is straying from Captain Rhyme’s contribution to the case, which is not firearms purchase records. It relates solely to his expertise in physical evidence.”

Coughlin said, “Let me lay this foundation, Your Honor. It will be clear in a moment where I’m going.”

Rhyme looked at his keen eyes and wondered what that destination might be.

“Proceed... for the moment.”

“Mr. Rhyme, to recap, could you confirm that my client’s DNA was not found at either the site of the body or site of the shell casing?”

“Correct.”

“Or on the body or shell casing.”

“That’s true.”

“And his footprints and fingerprints were not found at either place?”

“Correct.”

“And no fibers or hairs that could be traced to him were found there?”

“Correct.”

“And state and federal records do not indicate that he owns or owned a Glock semiautomatic pistol?”

“Correct.”

“In fact the only forensic connection between the murder of Leon Murphy and my client is a few grains of sand on the ground where the victim was found.”

“Six,” Rhyme countered. “More than a few.”

Coughlin smiled — it was directed at the jury. “ Six grains of sand.”

“Please explain again how that sand connects my client to the murder.”

“The sand was unusual in composition. It was made up of calcium sulfate dihydrate, with silicon dioxide, along with the presence of another substance, C 12H 24, about three quarters saturated hydrocarbons and one quarter aromatic hydrocarbons.”

“About that other substance, as you call it. Could you translate for us, please?”

“It’s a particular grade of diesel fuel.”

“But why does this connect my client to the scene?”

“Because samples were taken from the street in front of his driveway in Forest Hills, Queens, and similar sand was found there. Control samples taken from where the body was found revealed no such sand.”

“Did the sand taken from my client’s home match that at the scene where Leon Murphy was murdered?”

Rhyme hesitated. “The word ‘match’ in forensic science means identical. Fingerprints match. DNA matches. There are some chemical mixtures that are so complex that they could be said to match. In forensics, barring those situations, we use the word ‘associated.’ You could also say very, very similar to.”