Scott Turow - Identical

Lands turned then to Tooley’s motions related to the crime-scene evidence and to compelling Paul to give fingerprints and a DNA specimen.

“Mr. Horgan, what do you say?”

To craft their response today, Paul had called a big meeting two days ago in the fishbowl with Crully, Ray, half a dozen campaign officials, even Sofia, who was getting increasingly concerned about the way this run-in with Hal was playing out.

At the podium, Ray still radiated charm and the authority of someone who had been an important figure in these courts for fifty years.

“Your Honor, let me say to start that Senator Gianis will take every reasonable step to prove that Mr. Kronon’s allegations are ill-motivated lies.”

The judge interrupted the grandstanding.

“The motion, Mr. Horgan.”

“Judge Lands, I told Mr. Tooley last week that assuming we get equal access to the evidence, we had no objection to him serving his subpoenas on the authorities in Greenwood County related to public documents in the court file or the fingerprint evidence collected at the scene. They’ve hired Dr. Maurice Dickerman as their fingerprint expert, and I see Dr. Dickerman in court today.” Ray turned from the podium and lifted a hand like a ringmaster. On cue, Mo Dickerman, the so-called Fingerprint God, stood for just a second in the back of the courtroom, in his dark suit. A skinny angular man, Mo used a finger to push his heavy black frames back up on his nose. Dickerman was the longtime chief of the Kindle County Unified Police Force’s fingerprint lab. Like all police employees, he was permitted to work after hours on his own. “Senator Gianis will produce his fingerprints to Dr. Dickerman whenever the court orders, even today.”

Ray stopped there.

Du Bois nodded, as if to say, ‘Reasonable enough.’ Now in his late forties, Judge Lands remained handsome, with close-cropped hair, a mid-tone complexion and those startling gray eyes.

“Your Honor,” said Tooley, “we still haven’t heard any answer to our request for DNA.”

Du Bois raised his hand toward Ray, who responded.

“Judge, we’re eager to come forward with all probative evidence, but this request for a DNA test is clearly a bridge too far. In order to be entitled to discovery, a party must show that there is a reasonable likelihood that whatever proof is sought is potentially relevant. Dr. Yavem concedes that there is no better than a one in one hundred chance that an examination of DNA will lead to admissible evidence in a case like this with identical twins. So that part of the motion is little more than an effort to embarrass and harass Senator Gianis.”

“Your Honor,” answered Tooley, “this is not a matter of percentages. And even if it were, why wouldn’t Senator Gianis want to take a test that has a 99 percent chance of not incriminating him?” This was a non sequitur, an answer aimed only at the reporters. Du Bois, nobody’s fool, understood the posturing and had heard enough. Up on the bench, he dropped the pen with which he was taking notes and pushed aside his papers.

“Here’s what we’re going to do,” the judge said. “Some of what’s been requested doesn’t appear to be at issue. So, Mr. Tooley, I’m going to grant your motion in part and approve these subpoenas you’ve served out in Greenwood County on the police and the court related to the police reports and the fingerprint evidence, with the proviso that the full return on the subpoenas be shared at once with Mr. Horgan. Second, because the fingerprinting doesn’t seem to be in dispute, I’ll allow you, Mr. Tooley, to issue any other subpoenas directly related to the issue, and the court will accept Senator Gianis’s offer to provide fingerprints, and I will direct that he do so.”

“We’ll do it right here, right now in open court, Judge,” said Ray. The intention was to play to the press and it worked. The journalists in the front row were tapping away or scribbling as fast as they could.

“Thank you, Mr. Horgan, but I don’t think we need to turn my courtroom into a crime lab.” There was a riffle of laughter.

“Then we’ll go right down to the lobby to do it with Dr. Dickerman.”

Du Bois moved the back of his hand as if to say, ‘Whatever.’

“I did have a thought about Dr. Dickerman,” the judge said.

Mo stood up again in the back of the courtroom and walked toward the bench. No one had ever accused Mo of being reluctant about attention. The judge proposed that Mo be appointed the court’s expert, with the parties splitting his fee. Mo was renowned around the world, probably the most widely respected print expert in the US, outside the FBI. No one was likely to contradict him, anyway. Ray agreed immediately, fulsomely praising the judge’s idea. D.B. acted as if he hadn’t heard.

“So I’ll direct that whatever fingerprint evidence is found be delivered to Dr. Dickerman,” Lands said. “If the fingerprint lifts from the scene remain in a condition where current comparisons are likely to be probative, then he should compare those prints to the ones he gets from Senator Gianis today.”

“And the DNA?” asked Tooley yet again. Clearly, Hal was hot to do that test.

“Well, you know, Mr. Tooley, Mr. Horgan may have a point. I’m not sure you get to run a test that your own expert says is overwhelmingly likely to be unproductive. But I’ll withhold my ruling. I’ll give Mr. Horgan a week to file a written response about it; you, Mr. Tooley, will get a week to reply. By then, Dr. Dickerman may have the fingerprint results, and those may inform my ruling on the DNA. So let’s meet again then. Mr. Clerk, please give us a date.”

“February twentieth at 10 a.m.”

“That will be the order,” said Du Bois. Watching from the plaintiff’s table, Paul thought he would not have ruled differently. Du Bois had been fair and savvy and measured.

The judge called a recess and rose on the bench, which brought everyone else in the courtroom to their feet. From that vantage, D.B. looked for the first time directly at Paul. The glance was fleet, but seemed to have been accompanied by an expression somewhere between a grimace and a smile. ‘See?’ he seemed to say.

It had been years since Tim had entered the Temple, as the Kindle County Superior Court Law and Equity Department was known. Constructed of buff-colored brick in the 1950s, the building had the proportions of an armory, with a dome above bleeding weak light down in the central rotunda, through which at 9:00 a.m. a determined crush swirled. Tim’s natural terrain had been the Central Branch courthouse a few blocks away, where criminal cases were heard. In here, he still felt like a tourist, and after he passed through the metal detectors, he found a uniformed security guy to direct him to Du Bois Lands’s courtroom on the fourth floor.

Tim had known Du Bois’s uncle well, but only while Crowthers was an attorney. Nonetheless, the impression Sherm had made remained vivid, since there was no defense lawyer whose cross-examinations Tim liked less. Sherm tended to terrorize a witness, yelling in that booming voice, mocking and badgering, looming over the witness box so that his sheer size was yet another instrument of intimidation. In one murder case, Sherm had taken the weapon found at the scene and pointed the pistol at Tim for a good ten minutes as he questioned him, before the deputy PA finally responded to Tim’s pleading looks and objected. Like everybody else in the courtroom, the prosecutor had been mesmerized by Sherm.

Tim had come to court today at Mel Tooley’s request, so he could go at once to serve any new subpoenas the judge approved. With Ray Horgan’s agreement, Tim had already dropped off other subpoenas last week out in Greenwood County, and yesterday had brought the fingerprint lifts and reports produced in response to Mo Dickerman’s office.