The Reversal
behind her ear.
“Yes, it was a DNA extraction and comparison of hair specimens. Hair from the victim, Melissa Landy, which was contained in a kit taken at the time of her autopsy and hair recovered from a tow truck operated by the defendant, Jason Jessup.”
“How many hair specimens are we talking about?”
“Ultimately, one of each. Our objective was to extract nuclear DNA, which is available only in the root of a hair sample. Of the specimens we had, there was only one suitable extraction from the hairs recovered from the tow truck. So we compared DNA from the root of that hair to DNA from a hair sample taken from the autopsy kit.”
I walked her through the process, trying to keep the explanations as simple as possible. Just enough to get by, like on TV. I kept one eye on my witness and one on the jury box, making sure everybody was staying plugged in and happy.
Finally, we came out the other end of the techno-genetic tunnel and arrived at Lisa Atwater’s conclusions. She put several color-coded charts and graphs up on the screens and thoroughly explained them. But the bottom line was always the same thing; to feel it, jurors had to hear it. The most important thing a witness brings into a courtroom is her word. After all the charts were displayed, it came down to Atwater’s words.
I turned and looked back at the clock. I was right on schedule. In less than twenty minutes the judge would recess for the evening. I turned back and moved in for the kill.
“Ms. Atwater, do you have any hesitation or doubt at all about the genetic match you have just testified about?”
“No, none whatsoever.”
“Do you believe beyond a doubt that the hair from Melissa Landy is a unique match to the hair specimen obtained from the tow truck the defendant was operating on February sixteenth, nineteen eighty-six?”
“Yes, I do.”
“Is there a quantifiable way of illustrating this match?”
“Yes, as I illustrated earlier, we matched nine out of the thirteen genetic markers in the CODIS protocol. The combination of these nine particular genetic markers occurs in one in one-point-six trillion individuals.”
“Are you saying it is a one-in-one-point-six-trillion chance that the hair found in the tow truck operated by the defendant belonged to someone other than Melissa Landy?”
“You could say it that way, yes.”
“Ms. Atwater, do you happen to know the current population of the world?”
“It’s approaching seven billion.”
“Thank you, Ms. Atwater. I have no further questions at this time.”
I moved to my seat and sat down. Immediately I started stacking files and documents, getting it all ready for the briefcase and the ride home. This day was in the books and I had a long night ahead of me preparing for the next one. The judge didn’t seem to begrudge me finishing ten minutes early. She was shutting down herself and sending the jury home.
“We will continue with the cross-examination of this witness tomorrow. I would like to thank all of you for paying such close attention to today’s testimony. We will be adjourned until nine o’clock sharp tomorrow morning and I once again admonish you not to watch any news program or—”
“Your Honor?”
I looked up from the files. Royce was on his feet.
“Yes, Mr. Royce?”
“My apologies, Judge Breitman, for interrupting. But by my watch, it is only four-fifty and I know that you prefer to get as much testimony as possible in each day. I would like to cross-examine this witness now.”
The judge looked at Atwater, who was still on the witness stand, and then back to Royce.
“Mr. Royce, I would rather you begin your cross tomorrow morning rather than start and then interrupt it after only ten minutes. We don’t go past five o’clock with the jury. That is a rule I will not break.”
“I understand, Judge. But I am not planning to interrupt it. I will be finished with this witness by five o’clock and then she will not be required to return tomorrow.”
The judge stared at Royce for a long moment, a disbelieving look on her face.
“Mr. Royce, Ms. Atwater is one of the prosecution’s key witnesses. Are you telling me you only need five minutes for cross-examination?”
“Well, of course it depends on the length of her answers, but I have only a few questions, Your Honor.”
“Very well, then. You may proceed. Ms. Atwater, you remain under oath.”
Royce moved to the lectern and I was as confused as the judge about the
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