The Innocent Woman
murder.”
“One moment,” Judge Wylie said. He exhaled. “Attorneys, to the sidebar.”
When they had gathered at the sidebar, Judge Wylie said, “All of that is pure speculation. The witness is testifying to a mass of surmises and conclusions.”
“He asked for it,” Dirkson said.
“Indeed he did. Mr. Winslow, you are cluttering up the record with testimony that is inadmissible on the one hand, and detrimental to your client on the other.”
“I’d like to cross-examine on it, Your Honor.” Steve Winslow said. “And I’d like to point out, there’s been no objection from the prosecution.”
“Which doesn’t make it any more admissible,” Judge Wylie said.
“I beg to differ,” Steve said. “We have a veteran police officer called upon to explain why he made an arrest. His thought process is entirely relevant.”
“To an extent,” Judge Wylie said. “Let’s not get involved in metaphysical speculation. You want to speculate, save it for your closing argument. On cross-examination, please bring out the facts.”
When they had all resumed their places, Steve Winslow said, “Now, sergeant, your opinion that the defendant was lying about her account of coming to the office, was based entirely on the fact that she said that drawer was open when it in fact was shut? Referring to the time in question, when you made the arrest.”
“Referring only to that time?”
“That’s right.”
“Because I have subsequently learned—”
“Never mind what you have subsequently learned, sergeant. I’m talking about the time of the arrest. I’m talking about the evidence you just commented on. The evidence you just gave us your evaluation of. The evidence on which you arrested the defendant for this crime. At the time, was the key evidence that led you to make that arrest the fact that the petty cash drawer which she had told you was open was actually shut?”
Stams took a breath, considered. “That’s right,” he said.
“Fine, sergeant. Then let me ask you this. If you were basing a murder arrest on the fact that drawer was shut, why didn’t you first make sure that drawer could not have been shut by any other means?”
Stams frowned. “I beg your pardon?”
“If that was the basis for the arrest, it was pretty important whether that drawer was open or shut. Wasn’t it?”
“Yes, of course.”
“Was there any chance that drawer was shut by one of the officers of the crime scene unit—”
“No.”
“Let me finish, sergeant—by one of the officers of the crime scene unit, while you were in Marvin Lowery’s office interrogating the defendant for the first time, before she told you about that drawer and you went out to check on it?”
“Absolutely not.”
“How can you be so sure?”
“You’re talking about the officers of a crime scene unit. These are highly trained individuals. They know their job. They would never make that mistake.”
“Never?”
“No, never.”
“Each and every one of them?”
“Each and every one.”
“Sergeant, you are stating that it is impossible for an officer of a crime scene unit to make a mistake?”
“No, I am stating that it is impossible for them to make that mistake, to contaminate the crime scene by closing an open drawer. It is the type of mistake they’re trained against. It simply isn’t done.”
“You’re saying they might make other mistakes?”
“Don’t put words in my mouth,” Stams said irritably. “You challenged me to say a crime scene unit never made a mistake. Now you want to crucify me for refusing to say that?”
“Not at all, sergeant. But I’d certainly like you to clarify what you mean.”
“I mean what I say. No one’s infallible. A crime scene officer might make a mistake, but it would be a mistake along the line of overlooking a fingerprint because it was on the underside of a table.” Sergeant Stams was somewhat red in the face. “Now, I’m not saying I suspect a crime scene unit would make such a mistake. I’m saying that’s the type of mistake it would be possible for them to make. The type you were referring to— contaminating the crime scene by closing an open drawer—that’s the type of mistake they would not make. That’s what I mean when I say it would be impossible.”
“You say such a thing would be impossible?”
“Yes, I do.”
“You base this statement solely on your opinion that no crime scene officer would be liable to make such a mistake?”
“I beg your
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