Mistrusting a MemoryChapter 2
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The next witness called after lunch was probably a poor choice for that particular spot in the lineup, but it hadn't been planned that way. It was the medical examiner who had done the autopsy on Kinneson's remains. Schwartz apologized to the jury for what they were about to hear, and then had the doctor describe the compound fracture in the victim's leg, which would have made it impossible for him to move around on his own. Then there was the testimony of the condition of the lungs, which indicated, in the doctor's professional opinion, that the man had been alive when he was burned, because the lining of the lungs had been seared when he breathed in super-heated air.
The witness left no doubt in anybody's mind that the man had suffered horribly as he died, and that it could have taken as much as a full minute for him to actually expire.
Schwartz pushed it when he asked, "Could this man have felt his flesh burning before he died?"
McDill's shouted objection was sustained, but the jury wouldn't be able to forget the question, which was Schwartz's intent all along.
Schwartz's next question was "How was Mr. Kinneson's identity determined?"
"DNA was used," said the medical examiner. He'd been told this question would be asked, and been told what the expected answer was to be.
Schwartz went to his table and got a sheaf of papers. He showed it to the doctor and had him identify it as his report. Then he admitted the report into evidence as Prosecution Exhibit C. There was no objection, and a copy of the report was delivered to the defense.
"Cross," said Schwartz.
McDill stood up, the report in his hand.
"You said DNA was used to identify the body you examined, is that correct?"
"Uh ... yes," said the doctor, sensing trouble.
"And did you take a DNA sample from the body?"
"Yes," said the medical examiner. "It's standard practice in cases like this."
"And what did you have that DNA compared to?" asked McDill.
"Uh..." The doctor's voice failed.
"Doctor, did you do ANY DNA testing on the body you examined?"
"Well ... not exactly," said the medical examiner. "The lab does all the actual testing, but they send me a report."
"And when did you get this report?"
"Uh ... that was about a month ago. It's in there," he said, pointing to the papers in Matthew's hand. "It will have the date on it."
McDill glanced at the report and flipped a few pages.
"So you examined the victim six months and seventeen days ago, but didn't know who he was for a little more than five months. Is that correct?"
"Yes," said the examiner, his voice tight.
"In fact, in your report, didn't you identify the victim as 'John Doe?'"
"Objection, your honor," said Schwartz loudly. "He didn't question the report when it was entered into evidence."
"Your honor," said Matthew smoothly. "I just noticed that the name 'John Doe' has been scratched through, and the name 'Gilbert Kinneson' has been inscribed over that. If my client is accused of killing Gilbert Kinneson, I think the jury deserves to understand how it came to be known that the victim really WAS Gilbert Kinneson."
"Your honor," moaned Schwartz. "I don't know what kind of game the defense is playing, but the victim was clearly identified by the use of DNA comparison, which is a legitimate scientific examination that is fully admissible in court. If the defense likes, I can get the actual examiner in here to testify to his procedures."
"The defense likes," said Matthew firmly. "Just to be clear about everything. This is a serious matter, after all."
"I'll need some time to locate him and issue a subpoena," said the prosecutor.
"You can do that during a break, since you didn't bring an assistant with you," said Gunderson dryly. "Call your next witness."
Schwartz called as a witness the doctor who had examined and treated Lacey in the hospital, after the explosion. He asked a full line of questions about how the woman responded when she regained consciousness, and what she could and could not remember. He was able to indicate that she could remember a lot, and that the amnesia wasn't anything like complete.
"In your opinion, do you think she had any real amnesia at all?" asked Schwartz.
"Objection!" said Matthew. "The witness is not a mental health expert."
"No, I'm not," said the doctor, who was obviously unnerved by the ferocity of the prosecutor's questioning.
That prevented another sidebar, where the doctor's credentials could be examined, and the objection was sustained.
Again, though, the seed was planted in the jury's minds that her amnesia might have been a ruse, so she could pretend like she'd done nothing wrong at all.
The judge looked at his watch, and then at the jury.
"Have you elected a foreman yet?" he asked.
They all looked around in confusion.
"Obviously not," he said. "I'm going to send you to the deliberation room, but I don't want you to talk about the case. Just select a foreman so that tomorrow, when the prosecution finishes..." He looked at McDill. "How long will your defense take?" he asked.
"I should be able to wrap things up by tomorrow evening, if we can get this DNA issue out of the way," he said.
Gunderson looked at Schwartz. "How many other witnesses do you have?" he asked.
"This was supposed to be the last one," said the prosecutor, his voice heavy with disgust. "I only have one more piece of evidence and that is the taped confession of the accused."
"Which I'm going to object to," said McDill.
Gunderson gave Matthew a long look. "We'll deal with that in the morning." He looked back at the jury. "Select a foreman today," he said. "That way when I give you this case, you can start deliberating right away. Remember, you are not to discuss the case. You are only to select a foreman. Is that clear?"
There were a number of nods, and a general shifting of bodies.
"All right," said Gunderson. "We'll recess until ten o'clock tomorrow morning." He banged his gavel once. Then he got up. The bailiff's croaked "All rise!" was tardy, and Gunderson was already opening the door to his chambers when the last person in the room stood.
In the jury room, Waldo wasted no time in making his move.
"I'll be happy to be the foreman," he said into the quiet of the room.
"Who died and made you king?" asked Reggie, an edge in his voice. It was just like a white man to assume he should be the leader.
"Nobody," said Waldo, a bit ruffled at the open hostility in the young black man's face. "He told us to elect a foreman. I'm just volunteering, that's all."
"What does a foreman even do?" asked Judy.
The place he directed her to was a tiny hole-in-the-wall that she would have never given a second glance. She realized how hungry she was the instant she walked in, through the door Bob held for her, and the odor of wonderful, delicious things hit her like a sledge hammer. "Vinny!" Bob called out to a man, standing at the grill, wearing a white paper hat. Vinny looked over his shoulder, grinned, and held both hands up in the air, a spatula still in one. "You got me, copper," he said....
Lacey was ferrying a flash drive containing hundreds of photographs from the dig to the museum. A major discovery had been found. A collapsed cellar had been uncovered and, inside it, there were bones. Human bones. It wasn't clear yet how they had come to be there, but there were no indications of intentional burial. The artifacts found with the bodies suggested that people had taken refuge in the cellar and had died there. The pictures were needed at the museum as soon as possible, so that...
Bob had just left the briefing room, coming on shift. He hadn't even buckled his seat belt when the radio squawked to life, telling him of a multiple injury accident, with an explosion involved. Paramedics and the fire department were already on the scene. Three patrols were being dispatched, and all three were still in the parking lot, after the briefing in the squad room. Three engines roared, and three sirens began to wail, as tires screeched. It was impossible to get close to the...
When Bob went off shift, he returned to the hospital. "How come you're the only cop who ever checks on her?" asked the head nurse. "It's my case," he said bruskly. "How's she doing?" "Better," said the nurse. "She should be awake. All her vitals are normal. The sedative has been stopped. The only reason she's still in ICU is that she won't wake up." "I'll just sit with her for a while," said Bob. He'd stayed in uniform, since that got him almost anything he wanted, with...
Sleep came with difficulty for Bob. His mind roiled with the import of what he knew ... or thought he knew. He tried to convince himself that cars caught on fire all the time. There was only circumstantial evidence that the dead man was her rapist at all. Even the fact that there had been no more rapes with that modus operandi didn't prove anything. Like Lacey, no one had come forward to ask where their son, or brother, or father, or husband was. The crispy critter, still unidentified, was...
He took her to the impound lot, answering her questions when he thought he could do so safely, and dodging them or changing the subject when it got close to something he didn't want to talk about. She was appropriately awed by the damage to her car, and only glanced through the box of her possessions. The attendant brought out a bill for storage, and Bob tore it up. "Hey, you can't do that!" said the attendant. "I just did," said Bob. "The lady was in the hospital while it was...
He took her to Santini's. On the way, he told her a car had sideswiped hers, and that she hadn't been injured. While she was trying to help others involved in the accident, an explosion had occurred. He left it simple. "Explosion," she said, her voice far away. "I remember light ... all over ... I was submerged in light." "What else do you remember?" he asked, his voice guarded. "Just that. When you said explosion, it just came to me." When they walked into Santini's, Donna met...
Bob eventually slept, despite the erection between his legs that demanded attention. It was still demanding attention when he woke the next morning, with a soft, naked woman pressed against his body. It had been a long time since there had been a naked woman of any kind pressed against his body when he woke. That had been a result of long hours, and an unwillingness by Bob to turn over part of his life to any woman. It wasn't that he didn't like women ... it was more that he hadn't found a...
Bob went back to his apartment. The bed was still unmade and the wrinkled linens held the imprint of a bed that had been slept in by a couple. The pillow she'd used was lying against his own, like her head had lain close to his. On impulse, he bent to sniff the sheets where she had lain. They smelled like ... her. He hadn't missed the verbal slip that the doctor had made. She'd been about to say that as much as she would have liked to get naked with him, right there in the office, it...
Bob sat and read magazines, until there were none left to examine. There was no noise coming through the door—it was so quiet he felt like he was the only person on the planet. Eventually, his ears detected the hum of air being pushed here and there by the building's air handler units. He heard a siren dimly, through the walls, but no traffic noises. He checked his watch so frequently that he finally took it off and put it in his pocket. Finally, he dozed off. He woke, when the door opened...
Bob popped two Vivarin when he got into the squad car the next morning. She had kept him up all night, satisfying her own needs and making up for the dry spell Bob had been in. He felt drained, but also more relaxed than he'd been in years. He was no longer distracted, either. Lacey had another appointment with Claire, but he was no longer worried that she'd suddenly realize there was no past between them. That had already been addressed. Now all he had to worry about was the return of...
Lacey went back to see Claire ahead of schedule, and told her everything that had happened. Claire put her under again, and spent an hour exploring the details of the rape that she hadn't gone after earlier. As each horrible part of the assault was revealed, Claire worked more instructions into the dialog, intended to minimize the emotional impact of the memories. Then she brought Lacey out of the hypnotic trance and spent another hour with her, concentrating on the things that Lacey felt...
Bob heard her gasp as he left the bedroom. His head swiveled and he saw her standing there, bent slightly forward, her arm outstretched, hand turned sideways in a fist at the top of a candle. Her face was so pale it looked almost ghostly. Her mouth opened and an agonized groan was torn from her throat as she dropped the lighter and reeled backwards. Her eyes stared at the tall, pale yellow flame that the lighter had created at the tip of the candle, but her mind saw the same hand,...
Back in the apartment, Claire asked questions. They were not "What did you do?" type questions, but rather were "How do you feel about what you did?" type questions. Lacey didn't feel good about any of it. For the psychiatrist, it was like walking a tightrope. Or, perhaps it was like making her patient walk the tightrope. There needed to be remorse for a bad deed, for there to be health in the mind and spirit. But it could be taken too far, and the patient could begin to hate herself,...
She was adamant about keeping her appointment with Claire. He was glad she was going, because he had to go to work. He hoped Claire would talk some sense into her, and he made her promise not to do anything until she'd talked it over with him, no matter what she decided to do. She was waiting for him when he got home from his shift. She was calm, but looked drained. "I have to make this right," she said. "If you're sure about this, then it needs to be done right," he said...
Two weeks later Bob was coming home from the gym, still dressed in his sweats. McDill had instructed them, superfluously, not to see each other until after the trial. He had been noncommittal after his questioning of Bob, concerning what his defense would be. "I have some ideas," was all he'd say. Bob turned the last corner and started toward the entrance to his apartment building. A car pulled to a stop at the curb next to him and the window rolled down. "Get in!" came a male voice he...
Roger Schwartz grabbed his briefcase and hurried for the entrance/exit of the new suite of offices the prosecutor's staff was lucky to have just moved into. Lucille, his secretary, called out a cheery "Good luck!" as he sailed by her desk. "Don't need luck!" he yelled back, flashing her a grin. In fact, he believed that. He was one of the up and coming lawyers of a generation that believed skill would make "luck" an archaic term. If that seems a bit rash, perhaps it could be said...
The door to the jury room opened and a man wearing glasses came in. He looked at something on a clipboard in his hand. "We're about to begin," he said, with no other introduction. "I need to give you some information about what's expected of you. Please listen closely." He read a list of rules, things they could and could not do while they were sitting in the jury box. His voice droned, making it clear he'd read this list countless times in the past. Fully half the jury tuned him...
It was day two of the trial and Roger was ready to produce testimony about the DNA identification of Gilbert Kinneson's remains. He had contacted Senior Technician Fred Simms, the lab supervisor, and hastily explained what he needed. Simms said it would be no problem. Schwartz tried to be as clear about things as possible. "Now I know that there were a lot of tests done on the DNA from the body," said Roger. "That's not germane to the issue in this trial. All I need is an overview of...
Instead of calling the first defense witness, Matthew now exercised his right to cross examine Officer Robert Duncan. Once Bob was on the stand, and had been reminded he was still under oath, Matthew began what he believed in his own mind was some of the most important questioning he'd do. He didn't want to ruin Bob, but uppermost in his mind was Lacey's welfare. "When did you first meet my client?" was his first question. Bob named the date and said, "I needed to interview her as the...
There was a diner, of sorts, on the first floor of the building. It served pre-packaged sandwiches and salads. There were also hot soups, Polish sausages, hot dogs, kraut and the like. Maggie wasn't interested in the fatty foods, so she chose a bowl of mushroom soup, with lemonade, and took it to one of the small tables that were scattered around. She sat in one of two chairs at the table. She was joined by Helen, who asked if she could sit in the other chair. Neither woman seemed to be...
"The defense calls Doctor Claire Montgomery to the stand," said Matthew. Roger stood. "Your honor, I fail to see the relevance of anything this witness could bring to the issue. I must object. Mental state is not at issue here. The accused did not plead based on insanity, either temporary or otherwise." Matthew spoke clearly. "Your honor, I have already indicated that I'm trying to establish motive for my client's actions. This witness's testimony is crucial to that...
As soon as Claire left the courtroom, the judge turned to the jury. "I'm not going to sequester you, because you have not started your deliberations. You may all go home to your families, but you are not to discuss anything you've heard in this case with anyone, under any circumstances. Is that perfectly clear?" Most of the jury nodded. "Court will resume at nine-thirty tomorrow morning," he said, and banged his gavel hard on the block. The gravity of the situation had penetrated...
The jury room hadn't changed much, but the changes that HAD been made were obvious. At each of the twelve chairs around the long table, there was a cheap name tag, made of paper folded into an inverted V. Maggie's was at one end of the table and bore the title "Foreman." It was almost lunch time and some faceless employee had provided a tray of sandwiches, individual bags of various kinds of chips, fruit, and pre-packaged salads from the cafe downstairs. There were also a dozen kinds of...
An hour and a half later Judy again chirped, "Let's vote!" Maggie looked around. People looked tired. A lot had been said, but there didn't seem to be any general consensus. Voting would at least be trying to make progress. She passed out ballots. This time, when she separated the pieces of folded paper, there were four in the guilty pile and eight in the not guilty pile. Everyone looked surprised. "My, my," said Maggie, who had changed her vote, but didn't expect anyone else to do...
"Has the jury reached a verdict?" asked Judge Gunderson. Maggie stood. "We have, your honor." The bailiff took the folded piece of paper from her hand and walked it to the judge. He opened it. He looked at the jury, and then back at the paper. "Was this unanimous?" he asked. "Yes, sir," said Maggie. Gunderson handed the paper back to the bailiff, who returned it to Maggie. "The defendant will stand," intoned the judge. Lacey and McDill stood. Lacey looked like she might fall...
As it turned out, Claire's misgivings were justified. Nothing like this had ever happened before, and she had no clue as to how to proceed. Had she been in her professional setting, she would have controlled the conversation. She couldn't really do that, there in the restaurant. So, she chose to try giving Lacey the redemption she sought. "They forgave you," she said, her voice tight. Bob shot her a look that said very clearly, "What the fuck? You don't mean that." Lacey didn't see...
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Astrid looked across the room at her son illuminated by the fire but obscured by the mist of its smoke. She hoped he wouldn't wake up and wonder what his parents were doing on the straw mattress opposite. Not that he wasn't used to the lovemaking Thorvald and she enjoyed together, especially after the long night of feasting that led to this moment of passion. It never bothered Thorvald, of course. And it certainly wouldn't tonight after all the ale he'd drunk. It was Astrid's duty to give...
"For fuck sake Mike hurry up! We've gotta get going!" my mother yelled up the stairs.She'd been drinking again. Mom was not a lush by any standard but 'she did like a cold drink on a warm day,' as my now deceased dad was want to say.I finished wiping my cock with my mother's panties. At twenty six years of age I had returned home to attend my Aunt's wedding and was only staying for a few days. Whenever I return home, I like to masturbate with my mother's and sister's panties, luxuriating in the...
I waited all morning Sunday, thinking about this new chapter in my sexual adventures with Emily. I was a bit nervous about Rene being there, but also a bit excited about someone there to watch us fuck.Twelve o'clock on the button I was walking up to their back door. I was ready to knock when the door opened. Rene was there smiling up at me. "Welcome Peter! I am so happy you decided to let me be a part of this lesson today." He turned his chair 180 degrees and started gliding through the...
"Friday, finally" I said to my friend Lisa at work that morning. "I thought this week would never end!""I know what you mean Claire, it's this heat, it makes everything go so slowly" She pushed her fringe back from her forehead for perhaps the twentieth time that day.And it had been unbearably hot too – we weren't exaggerating. In fact it was so hot; I had opted to go without underwear for most of the week, hoping that it wouldn't be too obvious beneath my short skirt suits.We worked slowly for...
“They’re so small.” “The ideal shape. Here, look in the mirror. Do you see how beautiful you are? Like the Venus de Milo. Not these, of course, although she originally had arms. But these are just the shape of her breasts. Watch yourself. See? She didn’t look like this. The place she posed must have been warm. Now, let’s get these off.” “But you’re still dressed.” “And look the better for it -- not good but better. You, on the other hand ... Beautiful and sexy -- rising out of your panties...