The Baxter Trust

prosecutor does not go into court blind. I discuss with the witnesses what their testimony will be. But that discussion has no bearing on the case, and counsel has no right to inquire into it.”
    “It’s always proper to show bias,” Steve said.
    “What bias?” Dirkson said impatiently. “This is an expert technician giving expert testimony. The fingerprints belong to Sheila Benton. The facts are the facts. Nothing can alter them.”
    “The facts may be the facts, but the manner in which they are presented, as counsel well knows, may have a bearing on the outcome of this trial. Now, Your Honor, it is my contention that this witness had an understanding with the district attorney that it would be more damaging to the defendant’s case to have the details about the fingerprint evidence—that the only prints on the knife were those of the defendant, and that the four prints indicated where the knife had been held in a firm grip—brought out by me on cross-examination, rather than by the district attorney on direct examination. It is my contention that because of this understanding, Mr. Steele deliberately refrained from mentioning these points on direct examination, and that his doing so is an indication of his bias.”
    Dirkson was ready with an argument, but Judge Crandell cut in. “I think it is more an indication of the skill of the prosecutor than the bias of the witness. What you are describing, Mr. Winslow, is rather elemental courtroom strategy. Now if you really wish to pursue the matter under the guise of establishing bias, I suppose you have the right to do so, but I must warn you I feel you are beating a dead horse.”
    Steve smiled. “I think we can let the matter drop, Your Honor. Let’s move on to something else. Mr. Steele, in addition to developing the prints on the knife, you also developed fingerprints in the defendant’s apartment, did you not?”
    “I did.”
    “Did you examine a knife rack affixed to the wall of the defendant’s kitchen?”
    “Yes, sir. I did.”
    “How many knives were in the rack?”
    “I believe there were three.”
    “But there were spaces in the rack for four, were there not?”
    “I can’t be sure how many spaces there were in the rack.”
    “Yes, but there was one empty space in the rack, was there not? What I’m getting at is, regardless of how many knives there were in the rack, there was space for one more.”
    “That is correct.”
    “And aside from the size and shape, were the knives similar in style and design to the murder knife?”
    “Yes, sir. They were.”
    “And did you examine these knives for fingerprints?”
    “I did.”
    “And did you find any?”
    “Yes, sir.”
    “On all the knives?”
    “Yes, sir. I believe so.”
    “And whose fingerprints were they?”
    “The fingerprints of the defendant.”
    “So, if I understand your testimony correctly, there were at least four knives in the apartment, including the murder knife, and all of them had the defendant’s fingerprints on them.”
    “Yes, sir. That is correct.”
    “So assuming the murder weapon was a knife from the rack, you would have considered it unusual if it had not had the defendant’s fingerprints on it.”
    Dirkson leapt to his feet. “Objection, Your Honor! The question is argumentative, assuming facts not in evidence, and calls for a conclusion on the part of the witness.”
    “I’ll withdraw the question,” Steve said. “Now, Mr. Steele, I believe you took photographs of the prints on the murder weapon.”
    “I directed such pictures to be taken. My assistant was the one who actually took them.”
    “Would you produce them, please?”
    “Your Honor,” Dirkson said. “Those photographs are a part of the prosecution’s case. I intend to introduce them into evidence at a later time.”
    “And I’d like to introduce them now,” Steve said. “Because I intend to cross-examine this witness on them. Now I could simply delay my cross-examination and recall Mr. Steele at a later time, but in the interest of expediency I don’t see why we can’t introduce them now.”
    “But Mr. Steele didn’t take the pictures.”
    “Well, the defense will stipulate that his assistant did, and that the pictures you are producing are those pictures that he took.”
    “I prefer to put on my own case in my own way, Your Honor.”
    “I understand,” Crandell said. “But the stipulation would save time. And I take it there is no dispute as to the accuracy of the