Untitled (40 page)

  "Fuck that!" said Quince. He took a step toward Marshall, then heard the click of Danny's revolver and stopped. "Okay, you conned me. Fine. Just let me go."

  "Okay by me," said Marshall. "Danny will blindfold you and drop you off. Your car is in a parking lot somewhere in the city."

"No way," said Quince.

  "You don't think we're gonna let you know where we live, do you?" said Danny. "Let's go."

  Danny blindfolded Quince and took him out. Marshall waited in the house until Danny came back. They had a lead, but Marshall wondered if they could get to Moses before things in the Douglas case got ugly. After an hour, Danny came back, still in good spirits.

  "I knew you wouldn't pay that asshole," said Danny. "Now what?"

  "We find Moses, and see what he knows."

  "Somehow I don't see him cooperating freely," said Danny.

  "Then we'll have to persuade him," said Marshall.

  "Now you're talking my language," said Danny. "I've been wanting a piece of that bastard all my life."

  Marshall went back to the hospital to see Roberta, but there was no change in her condition. Her family was still there, and Marshall wanted so badly to tell them what a good person she was despite what she had done. But all he did was give his sympathy again and leave.

  He went back home and tried to sleep, but it didn't come. He tossed, turned, and padded back and forth to the bathroom all night.

  The next day, he got up early and ate, watching the sun rise. It was something he and Chemin used to do on occasion when one of them couldn't sleep. This was his first time going it alone. He felt a deep sadness as the sun's rays shot across the horizon, and the world lit up around him.

  Danny came downstairs a few hours later, and they set a plan. Danny would find Moses, and they would confront him together.

  "And don't hurt him," said Marshall.

  "I can't guarantee that," said Danny. "It's tough out there, you know what I'm sayin'?"

  "Yes, I know what you're sayin'," said Marshall. "But I'm sayin' don't hurt the man. Just find him and come to me."

  "Okay, but if he tries me, I can't be responsible for what happens."

  "What does that shit mean?" asked Marshall. "Danny, you have got to see that you are always responsible for what you do. The world doesn't take doing harm out of your hands. You've got to be smart enough to avoid violence. Any fool can bulldoze his way through life. We have to be better than that."

  "Damn, you sound like my old man," said Danny.

  "I take that as a compliment. I'm sorry for lecturing you, but I'm prosecuting what could be an innocent man. And all because someone couldn't think of a nonviolent method to get Farrel Douglas out of their way."

  "Okay, I'll avoid getting into it with him," said Danny. "What's up for you today?"

  "Trial," said Marshall. "More witnesses are up today."

  The friends said good-bye and Marshall went in to work. Everyone was concerned for Roberta and had taken up collections and the like. Marshall walked into his office and was surprised to see Toby and Nate already there.

  "Sorry to barge in," said Toby.

  "No problem," said Marshall. "What do I owe this to?"

  "I came in for the witness today," said Toby. "The DNA evidence is paramount to our case."

  "Toby and I are going to watch on the monitor," said Nate. "Her presence in court would be too disruptive."

  "I heard about Ms. Shebbel," said Toby. "Terrible thing. Is she okay?"

  "No," said Marshall. "She's banged up pretty bad. She's still in a coma."

  "Will you need to replace her on the team?" asked Nate.

  "No," said Marshall. "We can manage."

  "Are you okay?" asked Toby. "If you want some time off, we'll understand."

  Marshall regarded his superiors with a new suspicion. Had they come into his office out of concern, or was it a subtle message that they were still watching him? Marshall tried to discern what was in their minds, but he couldn't. Years of playing intragovernmental politics had made both of them unreadable.

  "No, I'm fine," said Marshall. "Just been running hard lately. You know how it is."

  "Yes, I do," said Toby. "I've been flying all around the country lately."

  "Running for president," said Nate playfully.

  "Stop it, Nathan," said Toby. "I'm getting enough of that shit back in D.C."

  "I hate to throw you out," said Marshall, "but I'm due in court in just an hour."

  "We understand," said Toby. "Nail it down. We need this one."

  As Nate walked by Marshall, he reached into his jacket and pulled out a cigar in a plastic tube. He handed it to Marshall.

  "What's this for, sir?" asked Marshall.

  "I'm a grandpa. My daughter had a little girl last night."

  "Congratulations, sir. What's her name?"

  "Tia," said Nate. He was obviously proud.

  "Yeah, he's an old man," said Toby, laughing.

  Toby and Nate left and Marshall sat down at his desk. After a moment, he checked his bookcase for the bug. It was gone.

DNA is a powerful evidentiary tool in criminal procedure, but it is also delicate and susceptible to attack from a variety of avenues. The most critical of which was contamination.

  Marshall had to make his proof in three stages. He had to show that the chain of custody of the DNA sample was unbroken. Then he had to show that the testing facility was competent and the procedure was uncontaminated. Finally, he had to show that these factors made the test results irrefutable.

  The first part of the DNA testimony had gone smoothly. Marshall established an unbroken chain of custody from the crawl space to the FBI testing facility.

  Leslie Reed did the cross-examination and was good but unable to show that any contamination of the hair sample had occurred. Marshall stole Leslie's thunder by bringing out the past scandals involving the FBI testing facility, then rehabilitated his own damage with an expert witness who proved that the facility is back on track and doing good work again.

  It was the afternoon when Dr. John Belson took the witness stand. He was a man of fifty-seven, whose once blond hair had faded into a regal silver. Dr. Belson was overweight, but carried it well. He was an elegant dresser and looked like the epitome of credibility. Dr. Belson was the government's expert on DNA testing and had performed the test on Mbutu's hair.

  Marshall established Belson as an expert witness, going over his education and experience. Belson was a pro and had authored two books on DNA testing, including all of the newer procedures.

  "Doctor, can you tell us how the test in this case was conducted?" asked Marshall.

  "Yes, I conducted a standard PCR test on a single strand of human hair."

  "Can you explain the test, and please be as clear as possible."

  "Well, basically the PCR test compares combinations of DNA traits. The sample is tested with results appearing on a test strip. This strip is matched to the one from the defendant. If it matches, we know the DNA is identical."

  "And what is the accuracy of this test?"

  "The chance that a match is an error is one in a hundred."

  Marshall then went specifically through the test with Belson, letting the more technical terms flow. It was important to get the jury's head on straight before throwing the mumbo jumbo at them. In the jury room, only the common sense of the test would be remembered.

  Marshall concluded his direct examination of Belson with the doctor testifying that Mbutu's hair and blood matched that of the sample taken from the crawl space and sat down. The testimony was tight, concise, and damning to the defense.

  Leslie stood and looked at a stack of papers. Belson waited patiently for her to start.

  "Why didn't you use the RFLP test, Doctor?"

  "The sample was too small to use that test."

  "And who made that call?"

  "I did, pursuant to accepted scientific guidelines, of course."

  "But another scientist might have decided on the more accurate RFLP test."

  "He might, but he would have been wrong. The sample would have been deficient, and the test results would be useless."

  "And the RFLP test is how accurate, Doctor?"

  "Chance of error is one in a billion."

  Leslie turned toward the jury and smiled slightly. "So, one in a hundred and one in a billion? Which one would you stake
your
life on, Doctor?"

  "Objection," said Marshall.

  "Sustained," said Langworthy. "Jury, please disregard the question."

  "How about the mitochondrial DNA test? Why was that not used?"

  Belson hesitated, and Marshall grew concerned. He could not object to such a general question, so Belson for a moment looked indecisive. The witness cleared his throat.

  "Well, mitochondrial is new and relatively untested. Unlike most DNA testing, mitochondrial testing doesn't require a cell nucleus."

  "And how does that affect the nature and quality of the test relative to the PCR test you used in this case?"

  Marshall could see Leslie was on to something. She had that look when a lawyer was moving in for the kill.

  "Well," said Belson, "mitochondrial is more useful and technically more accurate, but its accuracy is widely doubted in the scientific community."

  "You're an expert, Doctor. Do you doubt it?"

  "Yes, I have doubts about it. Mitochondrial testing needs to be worked on more before it can be as useful as the other two tests."

  "You said the FBI had used the mitochondrial test. What were the results in the cases where it was used?"

  "We had convictions in all the cases," said Belson.

  "So, Doctor, again I ask why wasn't it used in my client's case?"

  "Asked and answered," said Marshall.

  "Overruled," said Langworthy. "Witness will respond."

  "I chose the most accepted method," said Belson. "We only had the one small sample, and I didn't want to waste it on a test that could prove inaccurate, or too sophisticated for the sample. It was a professional judgment call. In the other cases we had bigger samples and so could afford to take the chance."

  "Wasn't the government concerned that a more accurate test might show my client wasn't the owner of the DNA sample found at the scene?"

  "No, of course not. A less accurate test doesn't help us."

  "One in a billion versus one in a hundred, Doctor. Doesn't the difference in the ratio invite trouble?"

  "Argumentative," said Marshall.

  "Objection sustained," said Langworthy.

  "May we approach?" asked Marshall.

  "I'm almost done," said Leslie.

  "I think it's important to talk about this now," said Marshall.

  Langworthy paused, then: "Counsel approach."

  Marshall could see Belson getting shaky and Leslie was on a roll. He wanted to cut her momentum and make sure Belson had a moment. Rashad and Bob Ryder joined Marshall and Leslie at the judge's bench.

  "What is it, Mr. Jackson?" asked Langworthy.

  "I'm concerned that we not confuse the jury with this scientific evidence."

  "Nonsense," said Leslie. "They're doing fine."

  "Dr. Belson has already thrown around a lot of terminology," said Marshall.

  "But it was explained on direct," said Rashad.

  "But the cross is undoing all of that without explanation," said Marshall. "I think it's a ploy to confuse the jury. The PCR test is supported by hundreds of cases. All this talk about other tests is not relevant."

  "But you have redirect," said Langworthy.

  "Then they are left with even more confusion," said Ryder. "I think we need some guidelines on her cross."

  "Limits on cross fly into the face of the definition of cross-examination," said Leslie.

  "Maybe," said Langworthy, "but I'm getting a little lost myself, Ms. Reed. Go back to it, and be careful the jury doesn't get lost in your aggressiveness."

  They thanked the judge and returned. Marshall had not expected Langworthy to be on his side. He was just buying time, but now he had scored a minor victory.

  "Sorry, Doctor," said Leslie. "Doctor, isn't PCR testing very susceptible to contamination?"

  "I wouldn't use the term 'very susceptible'."

  "What words would you use, Doctor?"

  "PCR is a sensitive process, but if handled properly has a low risk of contamination."

  "When you say 'sensitive', what do you mean?"

  "PCR amplifies molecules for genetic matching. This ability may cause trouble. Again, only if the process isn't handled right."

  "How does amplification cause trouble?"

  "Well, if a contaminating molecule is present, it can be amplified and overwhelm the original sample."

  "And what would that do to the results?"

  "It would render them useless, flawed."

  "So a match from the test would be inaccurate?"

  "Yes."

  "Nothing further," said Leslie.

  Marshall did redirect, bolstering the PCR test, and verifying that the test on Mbutu's hair was proper and secure. Leslie waived recross.

  "Well, I think this is a good point to stop," said Langworthy.

  "We'd like to call our rebuttal witness, Your Honor," said Rashad.

  "There is no such witness on the list," said Marshall.

  "He is on the list," said Rashad. "It is Horace Parker, a worker at the FBI testing facility."

  "This witness was called to testify about"—Marshall flipped through the list—"filters in the test chamber. The defense had their stab at him."