The Anonymous Client
said. “What do you mean?”
“How would you feel about getting admonished for prejudicial misconduct?”
“I wouldn’t like it.”
“Then why don’t you let me take this one?”
Fitzpatrick sat down. Steve Winslow stood up and approached the witness.
“Your name is Fred Grimes?”
“Yes, it is.”
“And you are employed by the Miltner Detective Agency?”
“That’s right.”
“Directing your attention to Tuesday, the eighth of this month, were you employed to shadow the defendant, Marilyn Harding?”
“Yes, I was.”
“Were you alone at the time?”
“No, I was not.”
“Who was with you?”
“My partner, Saul Burroughs.”
“Where did you pick up the defendant?”
“We staked out her house in Glen Cove.”
“At 8:00 a.m.?”
“That’s right.”
“When did you first spot the defendant?”
“She drove out the front gate about 1:15 p.m.”
“You followed her?”
“Yes, we did.”
“Where to?”
“We followed her into Manhattan, to 249 East 3rd Street.”
“And what happened then?”
“She went into the building at that address.”
“Did you follow her in?”
“No, we didn’t.”
“So what did you do?”
“When she parked near the building, my partner stayed with the car and I got out and followed her on foot. When she went into the building, I tried to get close enough to see where she was going. I couldn’t risk following her in, but I wanted to learn all I could. I got close enough to look into the foyer. There was a row of buttons there and a call box. She pressed one of the buttons, waited, then the door buzzed and she went in. The minute she disappeared up the stairs, I went into the foyer and looked at the row of buttons. The one that she had pushed was labeled David C. Bradshaw.”
“Nice work,” Steve said. “So, to the best of your knowledge, on Tuesday the eighth, the defendant, Marilyn Harding, called on David C. Bradshaw at approximately 2:30 p.m.?”
“That’s right.”
“When did she come out?”
“About ten minutes later.”
“What did she do?”
“She got in her car and drove off.”
“So what did you do?”
“We followed her.”
“Where did she go?”
The witness shrugged. “She went to Bloomingdale’s. Shopping. We followed her through the store.”
“Then what?”
“She was still there at 4:00 p.m. when the relief arrived.”
“So,” Steve Winslow said, “if I understand your testimony correctly, when the crime lab expert, Mr. Riker, states that he found Marilyn Harding’s fingerprints in the apartment, there is every reason to believe that those fingerprints were made the day before the murder, on Tuesday the eighth.”
Dirkson lunged to his feet. “Objection, Your Honor! Argumentative, assuming facts not in evidence, calling for a conclusion on the part of the witness. It’s not a question, it’s an argument. Counsel is attempting to prejudice the jury by making an argument in the guise of a question. I assign that statement as prejudicial misconduct.”
“Objection sustained,” Graves snapped. “Mr. Winslow. I am not admonishing you for prejudicial misconduct at this time. I am taking the matter under advisement. However, I would caution you to use a certain amount of prudence in phrasing your questions.”
“Yes, Your Honor. No further questions.”
“No questions,” Dirkson said.
As the witness left the stand, Steve Winslow huddled with Fitzpatrick.
“Well, that wasn’t so bad,” Steve said.
“No. Or so good, either. As a bombshell, that was a bit of a fizzle. Now we’ve shot our wad, what the hell do we do now?”
Steve sighed. “First we ask for a continuance until tomorrow. Then I’m afraid it’s time for me to do my Faust impression.”
Fitzpatrick frowned. “What the hell does that mean?”
Steve smiled grimly. “I’m going to sell my soul to the devil.”
39.
D IRKSON PUT HIS ELBOWS ON his desk, tapped his fingers together, and surveyed Steve Winslow.
“I should tell you before we start,” Dirkson said, “I am not particularly inclined to plea bargain.”
“Neither am I,” Steve said.
“Then why are you here?”
“I thought we might talk over the case.”
“I’m afraid I have nothing to talk about.”
“Then I’ll talk and you listen.”
“Why should I listen to you?”
“You listened to me once, Dirkson. You didn’t come out of that one so bad.”
“Neither did you. You got your client released.”
“Which she would have been anyway,
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