Part 18 (1/2)
”Why not?” asks Harry. ”You don't want to be unfair to the defendant do you?”
”No, but I don't want to get in any trouble either.”
”How are you gonna get in trouble?” asks Harry. ”Certainly not by telling us the truth.”
”Okay, sure,” he says. ”They had a conversation.”
”Did you hear any of it?”
He shakes his head.
”Is that a no?” I ask.
”Crone took her by the arm. Moved her away from the table. I couldn't hear any of it.”
”But you could see it?”
He nods.
”Was it a friendly conversation?”
”Depends on what you mean by 'friendly.' He didn't hit her, if that's what you mean. They had some words.”
”An argument?”
”Probably. As I said, I couldn't hear. They kept their voices down. At least Crone did.”
”So he didn't shout at her?”
”Not that I heard.”
”But Kalista, what did she do? Did she raise her voice?”
”Might have,” he says. ”I can't remember.”
Harry can't believe our good luck.
”Besides taking her arm to move her away for privacy, did Dr. Crone ever touch Kalista Jordan that evening? Did he put his hands on her?” I ask.
This is how I would couch the question in the courtroom, preface it with a little softening context.
”No. Not that I remember.”
I look to Harry to make sure he's gotten every word, my question verbatim, and Epperson's response. Harry would be the witness if Epperson says anything different on the stand, merely to verify the accuracy of his notes.
”Would you be willing to give us a signed statement to that effect?” Harry pounces on it.
”I don't know if I could do that,” he says.
”Why not? We'd make it very brief. Just the questions we've asked you here. We could call to clarify over the phone if we have anything more.”
”Yeah. Right. You call me,” he says. ”Right now, I have to go.”
”There is one more thing,” I say.
”What's that?”
”Those papers. The ones Kali . . .” I'm talking and suddenly I notice that he's no longer looking at me. Instead his gaze is fixed on something in the distance, over my shoulder.
I turn and see that the elevator's doors are open. Standing in front of them is Aaron Tash. He is taking a particular interest in the three of us on the other side of the foyer, though he doesn't make a move to join us.
”Listen, I'm late for my meeting. Gotta go,” says Epperson.
”You will give us a signed statement? Under oath?” asks Harry.
Epperson is already halfway to the door. ”Call me,” he says. With that he is gone, out the door, disappearing onto the sidewalk and around the corner in strides that Harry and I couldn't match if we ran.
”You'd think we'd come down with a sudden case of the plague,” says Harry.
”Yeah.” I'm looking at Tash. ”I wouldn't be offering any odds that we'll catch him at the office.
chapter.
eleven.
a good trial lawyer is a magician, one who excels at the art of misdirection. Tannery is good at this. He has kept us focused on William Epperson in order to distract us. This morning, in the judge's chambers, he plucks a surprise from his other sleeve.
It is Tannery's mystery witness, Tanya Jordan, Kalista's mother. She has been on the prosecution's witness list for months, we had a.s.sumed for other purposes.
Harry makes the pitch that while the witness may have been disclosed, her testimony, which is now highly prejudicial, was not. ”The state is obligated to disclose,” he tells the judge.
”I know the law, Mr. Hinds.” Coats is not impressed.
We are asking him to exclude the testimony and, from the look on the judge's face, this may be an uphill battle.
”She was on our witness list,” says Tannery. ”The defense had every opportunity to approach her to obtain a statement. If they failed . . .”
”How could we obtain a statement? According to your own proffer, she lied to your investigators at least three times before she finally came up with this story.”
”That's a good point,” says Coats.
Harry finally scores one.
”We kept after her, and she finally told us the truth,” says Tannery.