The Anonymous Client

filed out, Judge Graves said, “I will now hear arguments on the objection. Mr. Fitzpatrick?”
    “Yes, Your Honor. Marilyn Harding is on trial for killing Donald Blake, not for killing her father, Phillip Harding. Any evidence of the fact she killed her father is prejudicial, inadmissible, and grounds for a mistrial.”
    “Mr. Dirkson?”
    “Your Honor, we are not attempting to prove that Marilyn Harding killed her father. As I said, we are introducing this evidence only to show motive. It is our contention only that Donald Blake claimed that Marilyn Harding had killed her father, and was therefore blackmailing her. We are not attempting to show that Marilyn Harding killed her father, merely that Donald Blake had reason to believe that she had and was blackmailing her about it. That, therefore, she paid him the ten thousand dollars and, when he demanded more money, she killed him. As evidence of motivation, it’s clearly admissible. We introduce it only for that limited purpose.”
    “Nonsense, Your Honor,” Fitzpatrick said. “This talk of limited purpose is absurd. So is the prosecution’s statement that they will only be introducing evidence of Donald Blake’s contention that Marilyn Harding killed her father. They intend to show that Marilyn Harding paid Donald Blake ten thousand dollars. Then they’re going to claim Donald Blake demanded that money because he knew she’d killed her father. Now, after they prove she paid him that money, what juror is going to believe she didn’t kill her father?”
    Steve Winslow shook his head and laughed silently. “Jesus, what an asshole. Even if he wins the point, he just managed to convince the whole world his client’s guilty.”
    “Is he going to win the point?” Tracy asked.
    “Technically, yes. The judge is going to instruct the jury that the evidence is being introduced for a limited purpose and they must give no weight to the contention that Marilyn Harding killed her father. Which is like telling them, don’t think of an elephant. Which is just what I expected of Fitzpatrick, really. He’s the type of lawyer who loses when he wins.”
    After a long and tedious argument, the jurors were brought back in and Judge Graves instructed them just as Steve had predicted.
    The jurors listened to the judge’s instructions gravely. Some looked at each other. Some nodded. And by the end of the instructions, each and every one of them was looking directly at the defendant, Marilyn Harding.
    Dirkson watched this with extreme satisfaction.
    Having finished his instructions, Judge Graves turned to the District Attorney and said, “You may proceed, Mr. Dirkson.”
    Dirkson rose to his feet. “Thank you, Your Honor.” He smiled. “We shall prove all this by competent evidence, and we shall expect a verdict of guilty at your hands.”
    And Dirkson sat down.
    Steve Winslow grinned.
    “Brilliant,” he said. “Give Dirkson credit. I didn’t know he was that good.”
    “What?” Tracy said.
    “His opening statement. He didn’t have to finish it. He let Fitzpatrick’s objection do it for him. He knew Fitzpatrick would object, and he knew how the judge was going to rule, and he knew how the jury would respond. He planned it that way.”
    Judge Graves turned to Fitzpatrick. “Does the defense wish to make an opening statement?”
    Fitzpatrick rose. “We will reserve our opening statement until we begin putting on our case.”
    “Very well. Mr. Dirkson, is the prosecution ready to proceed?”
    “Yes, Your Honor.”
    “Very well. It is approaching the hour for noon recess. I am going to excuse the jury and adjourn for lunch, and we’ll resume at two o’clock.”

26.
    F OR HIS FIRST WITNESS, D IRKSON called Police Officer Frank Sullivan, who stated his name and cited his eighteen years of duty on the force.
    “Now, Officer Sullivan, were you on duty on the ninth day of October.”
    “I was.”
    “And what was your duty on that day?”
    “I was on radio patrol.”
    “In what vehicle?”
    “In a marked police car.”
    “And did you have a partner at that time?”
    “Yes I did.”
    “And who was your partner?”
    “Officer Sanford Hill.”
    “Directing your attention to the address 249 East 3rd Street, did you receive any instructions regarding that address?”
    “Yes, I did.”
    “Could you tell us what happened, please?”
    “Yes. We got a call on the police radio reporting an altercation at that address.”
    “Can you tell us what time you