Mickey Haller 4 - The Fifth Witness

moment.
    “Dr. Stanley,” Freeman began. “You either conducted or supervised all DNA analysis that came from the investigation of Mitchell Bondurant’s death, did you not?”
    “I supervised and reconfirmed one analysis conducted by an outside vendor. The other analysis I handled myself. But I must add that I have two assistants in the lab who help me and they do a good portion of the work under my supervision.”
    “At one point in the investigation you were asked to have a small amount of blood that had been found on a hammer analyzed for a DNA comparison to the victim, were you not?”
    “We used an outside vendor on that analysis because time was of the essence. I supervised that process and later confirmed the findings.”
    “Your Honor?”
    I was standing at the defense table. The judge looked annoyed with me for interrupting Freeman’s examination.
    “What is it, Mr. Haller?”
    “To save the court’s time and the jury from going through a long-drawn-out explanation of DNA analysis and matching, the defense stipulates.”
    “Stipulates to what, Mr. Haller?”
    “That the blood on the hammer came from Mitchell Bondurant.”
    The judge didn’t miss a beat. The chance to jump the trial forward an hour or more was welcomed—with caution.
    “Very well, Mr. Haller, but you will not get the opportunity to challenge this during the defense phase. You know that, right?”
    “I know it, Judge. There will be no need to challenge it.”
    “And your client does not object to this tactic?”
    I turned my body slightly toward Lisa Trammel and gestured to her.
    “She is perfectly aware of this tactic and agrees. She is also willing to go on record, if you wish to ask her directly.”
    “I don’t think that is necessary. How does the state feel about this?”
    Freeman looked suspicious, like she was looking for the trap.
    “Judge,” she said, “I want it clear that the defendant is acknowledging that the blood found on the hammer was indeed Mitchell Bondurant’s blood. And I want a waiver on ineffective counsel.”
    “I don’t think a waiver is necessary,” Perry said. “But I will get the stipulation directly from the defendant.”
    He then asked Lisa questions that confirmed she was on board with the stipulation.
    Once Freeman said she was satisfied Perry turned his chair and rolled to the end of the bench so he could address the jury.
    “Ladies and gentlemen, the witness was going to take you through an explanation of the science of DNA typing and matching, leading you to testimony in regard to lab tests matching blood found on the hammer that is in evidence to that of our victim, Mitchell Bondurant. By stipulating, the defense is saying they agree with those findings and will not object to them. So what you take from this is that the blood found on the handle of the hammer found in the bushes near the bank did indeed come from the victim, Mitchell Bondurant. This is now stipulated as a proven fact and I will have that in writing for you when you begin your deliberations.”
    He nodded once and then rolled back into place where he told Freeman to proceed. Knocked out of rhythm by my unexpected move, she asked the judge for a few moments while she got her bearings and found the place from which to restart her examination. Finally, she looked up at her witness.
    “Okay, Dr. Stanley, the blood from the hammer was not the only sample of blood from this case that you were asked to have analyzed, correct?”
    “That is correct. We were also given a separate sample of blood discovered on a shoe found on the defendant’s premises. In the garage, I believe. We typed—”
    “Your Honor,” I said as I rose from my seat again, “once more the defense wishes to stipulate.”
    This time the move brought complete silence to the courtroom. Nobody was whispering in the gallery, the bailiff wasn’t using his hand to muffle his voice on his telephone, the court reporter’s fingers were held steady over the keys. Complete silence.
    The judge had been sitting with the fingers of both hands knitted together beneath his chin. He held his pose for a long moment before using both hands to signal Freeman and me forward to the bench.
    “Come on up here, Counsel.”
    Freeman and I stood side by side in front of the bench. The judge whispered.
    “Mr. Haller, your reputation preceded you when you came into my courtroom on this case. I was told by more than one source that you were a damn fine lawyer and a