The Anonymous Client

got that call?”
    “I do not recall the exact time, but I wrote it in my notebook.”
    “Would looking at your notebook refresh your recollection on that matter?”
    “Yes, it would.”
    “Would you please do so?”
    Officer Sullivan took out his notebook and flipped through the pages. “Yes, sir. The call came in at 5:42 P.M.”
    “And what did you do?”
    “My partner and I proceeded to that address.”
    “What time did you get there?”
    “Approximately five minutes later.”
    “That would be 5:47?”
    “Yes, sir.”
    “And what did you find when you got there?”
    “The downstairs door was open and we went in.”
    “Did you hear the sounds of an altercation.”
    “No, sir. We did not.”
    “What did you do then?”
    “We went up the stairs to apartment 2A.”
    “And what did you find?”
    “We found the body of a man lying on the floor. He had been stabbed in the back with a knife.”
    “What did you do then?”
    “We radioed for Emergency Medical Services, and radioed to report a possible homicide.”
    “Thank you, officer. Your witness.”
    As Dirkson sat down, Fitzpatrick got ponderously to his feet. Steve Winslow smiled. This really was going to be a battle of the giants. Steve watched Fitzpatrick with some interest, wondering what tack the attorney was going to take. Fitzpatrick smiled and approached the witness. “Officer Sullivan,” he said. “I believe you stated that you have been a police officer for eighteen years?”
    “That’s right.”
    “During the course of that time, have you ever been called upon to testify in a court of law?”
    “Yes, sir. I have.”
    “On how many occasions?”
    “I can’t recall, sir.”
    “Approximately.”
    “Say fifty to a hundred times.”
    “I see. Now in this particular case, I notice several glaring gaps in your testimony.”
    “Objection, Your Honor.”
    “Sustained.”
    “Well, let’s discuss your testimony. You say you got a radio call, requesting you to proceed to 249 East 3rd Street?”
    “That’s right.”
    “The downstairs door was open and you went in?”
    “That’s right.”
    “Now, when you got to the door to 2A, the apartment of the deceased, what happened?”
    “I knocked on the door.”
    “And what happened?”
    “A voice said ‘Come in.’”
    Fitzpatrick raised his eyebrows. “A voice?”
    “Yes. A man’s voice.”
    “A man’s voice. How interesting? You didn’t mention this on direct examination.”
    “I wasn’t asked.”
    “No, you weren’t, were you, Officer Sullivan? So a man’s voice said, ‘Come in,’ and what did you do then?”
    “I opened the door and went in.”
    “The door was unlocked?”
    “Yes.”
    “Well, that’s mighty interesting too. And when you got into the apartment, did you by any chance encounter the owner of this voice, the man who said, ‘Come in’?”
    “Yes, I did.”
    “And where was he?”
    “Seated on the couch.”
    “The living room couch?”
    “Yes.”
    “That is the same room in which you found the body of the deceased?”
    “That’s right.”
    “So, if I understand it correctly, when you entered the apartment, you found two people, a dead man lying on the floor, and a live man, sitting on the couch. Is that right?”
    “Yes, sir.”
    Fitzpatrick shook his head and laughed. “Well, Officer Sullivan, you must forgive me for thinking there might be a few glaring gaps in your story.”
    “Objection, Your Honor,” Dirkson said.
    Judge Graves frowned. “Mr. Fitzpatrick. If we could avoid such side remarks.”
    “Yes, Your Honor,” Fitzpatrick said. “Now, Officer Sullivan, you say you found a man sitting in the apartment?”
    “That’s right.”
    “Did you by any chance identify the gentleman in question?”
    “I did.”
    “And who was he?”
    “His name is Steve Winslow.”
    “Steve Winslow? I see. And did you have a conversation with this Mr. Winslow?”
    “I did.”
    “Perhaps ask him what he was doing there?”
    “That’s right.”
    “And did he make any explanation for his presence?”
    “He did not.”
    Fitzpatrick raised his eyebrows incredulously. “You mean he refused to explain his presence in the apartment of a murdered man?”
    “Objection,” Dirkson said. “Argumentative, assuming facts not in evidence, and in effect already asked and answered.”
    “Sustained.”
    Fitzpatrick smiled broadly and shook his head. “Well, well. And what did you do with this individual?”
    “I held him until homicide