James Patterson: 12th of Never

“So you are absolutely sure that the man you saw on the day in question, the man putting Lily Herman into the back of the Lexus, was the defendant, Keith Herman?”

“Yes. I’m sure.”

“Thank you, Mr. Durden. I have no further questions.”

Yuki returned to her seat at the prosecution table. There was some foot shuffling in the gallery, and people coughed on both sides of the aisle.

Judge Nussbaum scratched his nose, made a note on his laptop, then said, “Mr. Kinsela, your witness.”

Chapter 13

JOHN KINSELA STOOD. He didn’t snort or mug for the jury. In fact, he looked quite grave as he faced the witness.

“Mr. Durden, have you ever testified in court before?”

“No, sir.”

“It’s a little nerve-racking, isn’t it?”

Yuki thought it was a question meant to rattle the witness, but it allowed the jury to see defense counsel as sympathetic, treating the witness with respect. If she objected, she could irritate the jury.

“I’m feeling fine,” said Graham Durden. He folded his hands in front of him.

“Good. Now, Mr. Durden, you swore to tell the truth, and yet in truth, you weren’t a hundred percent sure that the man you saw on March first was Mr. Herman, isn’t that right?”

“It was Mr. Herman. I know Mr. Herman.”

“You told the police—and I’m reading from the transcript of your phone call to nine-one-one—‘I’m ninety percent sure that the man getting into the car was Keith Herman.’”

“I said that, but it was a figure of speech. It was definitely him. And Keith Herman was carrying Lily out to the car. Put her body into the backseat.”

“What kind of car was that again, Mr. Durden?”

“A late-model Lexus sedan, 2011.”

“And what color was the car?”

“Black.”

“Now, you told the police it was a dark-colored Lexus, isn’t that correct?”

“Black is dark. I should know.”

There was a smattering of nervous laughter in the gallery. Yuki wasn’t concerned. Graham Durden was a high school principal. He was about as credible a witness as there was. He had described the car as “dark.” And yes, black was dark. He had told the police he was 90 percent sure he saw Herman. He was being careful.

“So just to be sure we’re both on the same page,” Kinsela said, turning to give the jury a good long look at the gravity of his expression. “You saw Mr. Herman put his daughter into a dark Lexus sedan on the street outside his house.”

“That’s right.”

“Did you get the license plate number?”

“That car is always parked right there. I know the car.”

“Yes or no: did you get the license plate number of that dark Lexus, Mr. Durden?”

“No.”

“Now, as to the body of the girl you say you saw the defendant bring out to the car: did you one hundred percent identify that body as Lily Herman’s?”

“One hundred percent,” Durden said angrily. “One hundred percent.”

“And how do you know she was dead?” Kinsela asked mildly.

“Her head was hanging back. She was limp.”

“Could she have been asleep? Did you feel her pulse?”

“What?”

Yuki said from her seat, “Your Honor, counsel is badgering the witness.”

Judge Nussbaum said, “Overruled. Mr. Kinsela, pick one question and ask it again.”

Chapter 14

YUKI FELT TREMORS as the ground shifted beneath the witness box. Graham Durden darted a look in her direction, and she could see from the tight set of his lips that he was angry.

Durden didn’t like to have his integrity questioned. And Kinsela was working him over with the finesse of a fishmonger wielding a boning knife. Yuki had rehearsed with Durden, warned him that Kinsela would try to impeach his testimony. Durden had assured her that he felt confident and steady, saying repeatedly, “I know what I saw.”

Kinsela said, “Okay, Your Honor. I apologize for running on like that. Mr. Durden, how did you know that the child was dead?”

“She looked dead.”

“She looked dead. And how far were you from the man who put the child into a dark sedan?”

“I saw them from my front steps. Fifty yards.”

“Fifty yards.” Kinsela paused to let the jury think about fifty yards. A hundred and fifty feet. Kind of far away. Then he said, “And did you have an unobstructed view, Mr. Durden?”

“Yes.”

Kinsela walked to an easel, yanked down a piece of paper, and revealed an aerial photograph of Lopez Avenue between Sotelo and Castenada. The easel was positioned so that both the jury and the witness could see the image clearly.

Kinsela said to Durden, “Is this a photograph of your street?”

“Yes.”

“And this house marked A—is this your house?”

“It is.”

“This house marked B. It’s Mr. Herman’s house, isn’t it?”

“Yes.”

“What do you see between your house and Mr. Herman’s house?”

“The street.”

“Yes, we all see the street. And do you see trees? A line of trees on both sides of the street?”

“I could see Keith Herman plainly, carrying his daughter in his arms, putting her into the backseat of his Lexus—”

“You saw a man putting a girl into which side of the car, Mr. Durden? The side of the car facing your house? Or did he open the door on the side closest to the Herman house, so that the car was between you and the action you’ve described?”

“I saw Keith Herman carrying Lily.”

“Please answer the question, Mr. Durden.”

“He put her into the car on the side nearest his house.”

“Okay. Thank you. Now, after that … when the man you saw that morning got into the driver’s side of the car, his back was to you, wasn’t it, sir? How could you possibly tell that it was Keith Herman, and not another man of average height and build, getting into a dark sedan?”

Kinsela paced in the well, head down as he continued with his battery of questions.

“Isn’t it possible, sir, that you saw a car like Mr. Herman’s car parked in front of Mr. Herman’s house, and from that you drew an understandable conclusion that the man was Mr. Herman? Isn’t it possible that you actually saw the kidnapper taking the child, not Mr. Herman?”

“Your Honor, I object to Mr. Kinsela bombarding the witness with questions. Again, if there is a real question in there, what is it?”

“Sustained. Please phrase one question, Mr. Kinsela. That’s a warning. Don’t do this again, or you will be fined.”

“Sorry, Judge. I got carried away. Mr. Durden, given the distance, the visual obstacles, and that there are over sixty thousand dark Lexus sedans in San Francisco, could you have been mistaken when you stated that Keith Herman brought his daughter out to the car parked across the street from your house?”

“I saw Keith Herman,” Durden said doggedly. “I saw him. I saw him one hundred percent.”

“I have no further questions for this witness,” Kinsela said, turning his back on Graham Durden.

Judge Nussbaum said, “Ms. Castellano?”

Yuki stood.

“Mr. Herman, you’re wearing glasses. Were you wearing them on the morning of March first?”

“Yes, I was.”

“And what is your vision when you’re wearing your glasses?”

“Twenty-twenty.”

“Have you ever been diagnosed with a mental disorder?”

“No. Never.”

“Thank you. That’s all I have, Your Honor.”

“The witness may step down,” said the judge.

Chapter 15

YUKI ELBOWED HER way out of the courtroom, smiled at the members of the press who were jamming the hallway, and said, “Hi, Georgia. Yeah, thanks. All’s well, Lou,” then, as John Kinsela and his client stood in the hall for an impromptu interview, Yuki headed for the fire stairs with Cindy Thomas on her heels.