The Baxter Trust

pictures.”
    “No, Your Honor. Very well, I stipulate the pictures may be produced in evidence.”
    The pictures were produced and marked by the clerk, People’s Exhibit number two, A through K.
    Steve examined the pictures. He chose one, and approached the witness.
    “Now, Mr. Steele, I hand you a photo, People’s Exhibit number two-D, and ask you what it shows.”
    Steele examined the photo. “That is a picture of the handle of the knife. The large print that you see is the imprint of the defendant’s thumb. The smaller prints, which are only partly visible on the bottom edge of the handle, are the defendant’s first, middle and ring fingers.”
    “I hand you another photo, People’s Exhibit two-E.”
    “That is another angle on the knife handle, showing the prints of the fingers more clearly.”
    “Very good,” Steve said. He crossed to the defense table, reached in his briefcase and took out a roll of masking tape, then crossed to the clerk and picked up the knife. He crossed back again to the witness.
    “Now, Mr. Steele, I hand you the knife, People’s Exhibit number 1, and this roll of masking tape, and I ask you to take this tape, and referring to the photographs, mark on the knife handle where the defendant’s fingerprints are.”
    “Mark them how?”
    “Here’s a pen. Just affix a piece of tape to the handle where each print is, and sketch in the direction of the finger.”
    The witness took the masking tape and affixed four short strips to the knife handle. Then he took the pen and drew in the fingers.
    Steve took the knife and looked at it. “Thank you, Mr. Steele. Now let me ask you this. Having examined the fingerprint evidence in this case, have you reached an expert opinion as to the guilt or innocence of the defendant?”
    Dirkson started to stand up, then slowly sat down again. He couldn’t quite believe this was happening, but he wasn’t about to stop it.
    “I have,” Steele said, grimly.
    “And what is your expert opinion?”
    Judge Crandell leaned forward. “One moment, here. Before the witness answers the question. Mr. Winslow, although it is not my position to presume what this witness’s answer may be, I must point out to you that the answer that you are calling for might be one that is highly detrimental to your client. I have no wish to let the record of this trial be blemished in any way so that it could be claimed that the defendant did not have adequate representation. So I ask you to reconsider your question.”
    “I’m sorry, Your Honor. I don’t wish to do that.”
    Judge Crandell’s lips clamped together. “Very well. Miss Benton.”
    Sheila, startled at being addressed, said, “What?”
    “Have you heard what your attorney asked the witness?”
    “Ah, yes.”
    “Call me Your Honor.”
    “Yes, Your Honor.”
    “Do you object to what your attorney is doing?”
    Sheila looked sideways up at Steve. He looked down at her. His face was neutral, like that of a poker player running a bluff. She couldn’t read it at all.
    She looked back at the judge. “No, Your Honor.”
    Judge Crandell looked greatly displeased. “Very well,” he said. “The witness will answer the question. Court reporter will read the question.”
    The reporter pawed through his paper tapes. “Question: ‘Having examined the fingerprint evidence in this case, have you reached an expert opinion as to the guilt or innocence of the defendant?’ Answer: ‘I have.’ Question: ‘And what is your expert opinion?’”
    Steele took a breath. “It is my expert opinion,” he said, “that the defendant, Sheila Benton, stabbed the decedent, Robert Greely, with the knife.”
    A gasp went up from the audience in the courtroom, followed by a loud murmur.
    District Attorney Dirkson grinned broadly.
    Judge Crandell frowned, and banged for silence.
    Steve smiled and held up his hand.
    “Thank you very much, Mr. Steele. Now then, you have testified that in your expert opinion, Sheila Benton stabbed Robert Greely with this knife. You base your opinion on her fingerprints, which you have marked on the handle of the knife with masking tape and pen. Now, I am going to ask you to take hold of the handle of the knife in your right hand, and place your fingers in the positions of the prints which you have marked on the handle.”
    Steele took the knife and positioned it in his hand, lining up the finger marks.
    Steve looked at him and smiled. “That’s what I thought, Mr. Steele.”
    Steele