Final Verdict

by William Bernhardt

  “Truth is, I need to refill the coffers and I hoped there might be a lawyer here who needs a hacker.”

  “I see. Good luck with that.”

  He spotted Maria coming through the back doors. He knew she’d stopped at the hospital earlier. “How’s Dinah?”

  “Strong. They’re going to let her go home today.”

  “Emotionally?”

  “If she’s shaken, she’s hiding it well. No whining. Kinda reminds me of someone else I know. Someone closely related to her.”

  Good to hear. But not for one moment did he forget that the attack on Dinah was also an attack on him. A warning shot. Every day he moved forward with this trial, he was potentially putting himself and others in danger.

  Mr. K had hired security to watch the team, but even the Secret Service couldn’t stop a determined wild man with a gun. Dinah had begged him not to quit, but he couldn’t stand the thought of harm coming to someone. He would be glad when this case was over.

  “C’mon, slugger,” Maria said, offering him a smile. “It’s going to be okay. Let’s just win this case. Then we can all go on a long vacation.”

  “Kitesurfing?”

  “Sure. Or possibly even...you know. Something fun.”

  * * *

  Jazlyn called Deanna Folsom, a forensic scientist Dan had cross-examined on two previous occasions. She had worked for an online genealogy site that collected DNA samples from people wanting to know more about their heritage. He knew she’d been petitioning for a fulltime position with the SPPD. Maybe she hoped this testimony would get her the good conduct medal she needed to get the job.

  Dan hated DNA evidence. There had been so much blather about it on television, mostly inaccurate, that people had come to believe it was incontrovertible, when nothing could be further from the truth. Sure, when you had verified samples and they were handled by trained experts, there was a fair chance of finding meaningful matches—but there was also a lot of guesswork and interpretation involved. As he had proven on more than one occasion, DNA at best indicated likelihoods. Furthermore, it was easily manipulated, doctored, or planted.

  Nonetheless, Jazlyn was leading the forensic show with it. Because she knew it would have a major impact on the jury.

  Jazlyn established Folsom’s credentials and that she had testified in court on numerous previous occasions. “What is your occupation?”

  Folsom sat up straight. Older woman. Mandala pendant. Black sweater. “I’m between jobs. The online genealogy sites have come under fire recently because they’ve shared information with law enforcement agencies, something most people submitting DNA samples never anticipated. During the cutbacks, I lost my position. I was planning to get out of the DNA field and return to my first expertise, skin and scalp analysis, and thought I had a position lined up in Tampa, but it fell through. Nonetheless, I keep up with the latest developments and maintain my expertise in DNA forensics.”

  “Can you explain briefly what DNA evidence is?”

  “Sure. When we talk about DNA, we’re talking about genes. Every person has a unique DNA profile—except identical twins. Even a small sample of genetic material—skin, saliva, blood—is sufficient to make an analysis. It’s like fingerprints, only better.”

  And of course fingerprints also were not nearly as reliable as most people believed, Dan mused. As he had proven on previous occasions.

  “Have you had a chance to review the relevant files?”

  “I have. Especially a skin fragment that was found on the head in the freezer. The head belonging to Christopher Andrus.”

  “I don’t see any reason to prolong this. What were the conclusions of your analysis?”

  “The skin fleck came from the defendant. Conrad Sweeney.”

  “Is there any question in your mind?”

  “It’s a ninety-four-percent match to samples taken from the defendant after he was arrested. In my field, that’s more than enough to be considered proof positive.”

  “I think we’ve got the picture. I’ll pass the witness.”

  Dan rose. “No questions.”

  The judge did a doubletake, as did the jury. “You have...no questions?”

  “Not at this time.” He was taking a gamble. But Folsom would be unlikely to give up much. He was planning to call his own DNA expert during the defense case, and he would get further with that witness than he could with this woman.

  The risk, of course, was that this evidence would sit with the jury unrefuted too long. If they got an idea fixed in their heads, he might not be able to dislodge it.

  “Very well,” the judge said. “Ms. Prentice, please call your next witness.”

  Chapter 32

  Dr. Mark Columbo, a bite-mark expert, lumbered to the stand. He was a heavy-set man. White shirt. Long red tie. Hush puppies. Back pants pocket untucked.

  As he explained, Columbo had been trained as a forensic scientist, worked in several jurisdictions, and operated out of Orlando. He had an impressive array of degrees, commendations, and awards.

  “Could you please describe your areas of expertise?” Jazlyn asked.

  “Of course.” Columbo turned slightly so he spoke to the jury, without making so much eye contact that he made anyone uncomfortable. He was a pro. “I’m trained in dentistry and in forensic science, so I can use my knowledge of both to provide insight into evidence. In this case, a bite mark.”

  Dan rose to his feet. “I object, your honor. We addressed this at the pretrial. This evidence is unreliable and doesn’t meet the current scientific standards for admissible forensic evidence. The court will recall that I—”

  Judge Smulders shut him down with the wave of a hand. “I recall what you said perfectly well. I also recall that I denied your motion to suppress.”

  “Your honor, courts all around the nation are—”

  “Stop. I will not permit talking objections. I want the jury to make its decisions based upon the evidence and nothing else. Mr. Pike, you will be permitted to cross-examine and to raise any issues you wish at that time. You may call an expert of your own during the defense case. But this witness may testify. So please sit down.”

  Dan did as he was told. It was too early for outright contempt.

  Jazlyn continued. “Did you examine the bite mark in the present case?”

  “Yes. There was a pronounced bite mark on the victim’s right hand. One of the two...dismembered hands found in the freezer. I was able to detect and analyze a clear bite mark.”

  “I’m sure many people are wondering why anyone would bite the victim’s hands.”

  “I wasn’t there so I can’t say with certainty, but in all likelihood, it was a defensive move. Someone attacked the victim, perhaps with a paperweight in a sock, and the victim raised his hands to block it. The attacker grabbed the hand and bit it, perhaps in anger or in an effort to subdue the victim.”

  Smart witness. He was saying what they wanted him to say but acknowledging that complete certainty was impossible—rather than letting Dan make that point on cross-examination.

  “Did you conduct an analysis of the bite mark?”

  “I did. As I’m sure you know, everyone has a unique dental pattern. The arrangement and size of everyone’s teeth differ. That’s why dental records are used to identify bodies. That pattern changes little over the course of someone’s life, once they reach adulthood.”

  “Is it possible to determine who bit the victim?”

  A little leading, but Dan would let it slide.

  “Absolutely. The bite mark on the victim’s hand matches the exemplar taken from the defendant after he was arrested.”

  “Conclusion, doctor?”

  “Conrad Sweeney bit the victim’s hand. Probably during a struggle.”

  “Thank you. No more questions.”

  Dan could see the impact this was having on the jury. Finding the corpse in Sweeney’s office was bad. The DNA evidence was bad. But this was worse. If the prosecution could prove Sweeney bit the man�
��s hand, then he must be the killer.

  He needed to bury this evidence fast.

  Dan heard Sweeney muttering. “As if I would put that sleazebag’s hand in my mouth. What do they think I am, a cannibal?”

  “If they could make that accusation fly,” Dan murmured, “they would leap on it.”

  Dan walked toward the witness. “Let’s cut to the chase, Doctor. Bite-mark evidence has fallen out of favor in most jurisdictions. Some courts won’t even permit it. Right?”

  “There has been no ruling by the Florida Supreme Court—”

  “Please answer the question. Isn’t it true that some courts have forbidden bite-mark evidence?”

  “In my opinion, the problems experienced by other courts are not due to the nature of the evidence, but the poor quality of the testimony. Sadly, there are some so-called professionals who don’t know what they’re doing. I, however, have been trained—”

  Dan cut him off. He would have to be forceful. This was a smart witness and he was not going down without a fight. “Isn’t it true that the Texas Forensic Science Commission, after a six-month investigation, recommended that bite-mark evidence be excluded from all trials due to its inherent unreliability?”

  Columbo smiled. “We’re not in Texas.”

  Dan smiled back. “I still want an answer to my question.”

  Columbo sighed, as if he would have to humor this silly man who knew so much less about everything. “That’s true, but—”

  “And the reason the commission gave was that bite-mark evidence did not meet the current standards of acceptable forensic science.”

  “I disagree with their conclusion. I’ve found bite-mark evidence to be reliable.”

  “Of course, you used to testify about microscopic hair comparisons, right?”

  That slowed Columbo down. “Many years ago...”

  “And that type of evidence is completely discredited now, correct? No court in America would allow that in a criminal trial today.”

  “Science moves forward. Standards change. That doesn’t mean—”

  “Isn’t it true that many people convicted based upon bite-mark evidence have now been released from prison because DNA evidence proved they did not commit the crime?”

  “I may have heard—”

  “Are you familiar with the case of Steven Mark Chaney?”

  Columbo drew in his breath. “Of course.”

  “Chaney spent twenty-eight years in prison based on bite-mark evidence. DNA later proved he didn’t commit the crime and he’s been freed. But no one can give him back those twenty-eight years of his life.”

  “The Innocence Project is always trying to stir up trouble...”

  “Wouldn’t it be more accurate to say they’re always trying to release people who have been wrongfully convicted? By evidence exactly like what you’re trying to perpetrate in this case?”

  Columbo folded his arms across his chest. “I stand by my testimony.”

  “Sir, isn’t it true that human skin is extremely malleable?”

  “I don’t know that I’d say ‘extremely.’”

  “Wound patterns can differ, even between two samples taken from the same person, right?”

  “To some degree.”

  “So when you say these two samples matched, what you’re really saying is that they were somewhat similar, right?”

  “More than somewhat. They matched.”

  “To some degree, all adult male teeth patterns are going to match.”

  “You’re not—”

  “Isn’t it also true that people’s dental patterns can change over time?”

  “Only in a minority of cases. If there’s been an injury, or abnormal growth, or decay, or tooth extraction, or—”

  “Is the present case one of those minority of cases?”

  Columbo did not answer.

  “You don’t know. Right?”

  “I...haven’t performed any comparative analysis of the defendant’s teeth over time. I don’t have access to his dental history.”

  Dan pulled a report out of his backpack. “In a study conducted by the Texas Commission, a panel of leading forensic dentists studied photographs of bite wounds and couldn’t agree on whether there were any matches. In fact, they couldn’t even agree on whether the marks were made by human teeth.”

  “I think we know the bite mark in this case was made by a human.”

  “Do we?” Dan took a step closer. “Do you know where the victim’s remains were between when Andrus was killed and when he was discovered in that freezer?”

  “No....”

  “We know the body was dismembered and it wasn’t done in my client’s office. How do you know it wasn’t out in the Everglades, or a forest, or some other place filled with wild animals?”

  “I don’t think—”

  “But you don’t know, do you? You can’t say with certainty that this bite mark matches my client. You can’t even say with certainty that it came from a human. And that’s why the prosecution called you to the stand. They have nothing that definitively connects my client to the murder, so they called you up. Too bad they didn’t have any microscopic hair evidence. You probably would’ve been willing to talk about how reliable that was, too. You’re an expert-for-hire, and you clearly don’t care whether there’s any science backing your testimony or not.”

  “I protest—”

  Jazlyn rose, but before she could speak, Judge Smulders banged his gavel. “Mr. Pike, you’re out of order.”

  “I’m sorry. I’m done. I have no more use for this...witness.” His voice dropped. “Who didn’t witness a thing.”

  Chapter 33

  Dan brought Dinah a cup of Earl Grey tea. She sat in the living room of their office with Maria and Garrett talking about the day’s trial.

  “How are you feeling?” he asked.

  “I’m fine. Stop nursemaiding.”

  “You’re my sister. I’m allowed.”

  “I’m your girlfriend,” Maria said. “Where’s my beverage?”

  “You hate tea.”

  “True. Why people want to drink boiled leaves escapes me. But it’s a symbolic gesture.”

  He leaned down and gave her a kiss. “How’s that for a symbolic gesture?”

  She grinned. “A heck of a lot better than tea.”

  Dinah sipped her drink. “I heard you kicked butt in court today, little brother.”

  Dan shrugged. “I’m surprised Jazlyn would resort to bite-mark evidence. She’s as familiar with the latest developments in forensic science as I am.”

  “Do you think...someone is pushing her?” Garrett asked. “When I was at the prosecutor’s office, we were constantly getting nudged by the mayor. Or the governor. Or the feds.”

  “Jazlyn is used to handling that. No, I think she desperately wants to put Sweeney away.”

  “And who could blame her for that?” Maria said quietly.

  “She sees this as the chance of a lifetime that might not be repeated.”

  “Meaning she’ll do anything to make it stick?” Dinah asked. “Even if it’s...underhanded?”

  Dan shook his head fiercely. He couldn’t believe that. “It wasn’t underhanded. Just...ill-advised. And she would normally see that. Her need to get Sweeney behind bars may be clouding her judgment.”

  “She’s still got a case,” Maria reminded him. “Even if the jury rejects the bite-mark evidence—there’s still the problem that the body parts were found in Sweeney’s freezer. And the DNA evidence.”

  “But they haven’t established any real motive. Sure, Sweeney needed cash, but that doesn’t mean he’d kill his art dealer.”

  “Motive will come from the next witness,” Maria said. “You’ve held your own so far. And done the excellent job you always do, even if your client doesn’t appreciate it. But Jazlyn has saved her best for last.”

  She cast an eye toward everyone in the room. “This is where it gets real.”

  * * *

  Jazlyn
called Clint Dilbert to the witness stand. Maybe he imagined it, but Dan thought this was another witness Jazlyn would prefer to avoid but felt she had to call to put Sweeney away.

  Dilbert was obviously a bodybuilder. Even in court, he wore a thin muscle shirt and tight slacks. Shaved head. Porn-star mustache. Bleeding crucifix tattoo visible on his left arm and, Dan suspected, a bunch more tattoos he couldn’t see.

  “Seriously?” Sweeney muttered. “They’re going to convict me with Popeye?”

  Dan held a finger across his lips.

  Jazlyn sketched Dilbert’s background briefly. Dan suspected there was not much to brag about. In less than five minutes, she brought the witness to the night in question. “Mr. Dilbert,” Jazlyn said, “where were you that night?”

  “I was at Beachcombers. Place near the marina I go sometimes. My daughter tends bar there.”

  “And what did you do on the night in question?”

  “Had me a beer, what else? Kicked it back. Soaked some suds. Tried to read a newspaper I found lyin’ around, but it just made me mad. It’s all fake news from the liberal media.”

  “Did you see anything unusual?”

  “Yeah. Shouting from the booth behind me. I could see them over my shoulder. I mean, most people at Beachcombers are pretty mellow. But these jokers had the opposite vibe. Totally aggro. Beachcombers is a noisy place, but I had no trouble hearing them.”

  “And who were the people you saw at this...noisy booth?”

  Dilbert pointed. “That big guy. The defendant. He was there.”

  “And the other person?”

  “The dead guy.”

  Jazlyn held up a photograph. “Christopher Andrus?”

  “That was him. And there was a third person. A woman. I don’t know who she was.”

  Dan assumed that was Tulip Krakowski, the woman both Carvel and Sweeney mentioned being there. But no one had been able to find her.

  “What did they talk about during this...angry meeting?”

  “I couldn’t hear every single word,” Dilbert replied, “but I heard a lot. They talked about some paintings. Bigshot paintings from bigshot painters. I didn’t recognize the names and I can’t remember them now. But they acted like the stuff was worth a lot of money.”