the fact is, in the eyes of the jury, you and Douglas Kemper were lovers. That means any alibi he tries to give you isn’t worth a damn. He claims he got to Bradshaw’s first. Out of twelve jurors, we’d be damn lucky if half of them believed that. Of the few that did, none of them are going to believe that Bradshaw was already dead. Not with the next door neighbor testifying to an altercation. One doesn’t have an altercation with a dead man. Anyone who believes Kemper got there first is gonna believe he had a fight with Bradshaw and killed him. Which doesn’t help you in the least. Because of the theory that you and Douglas Kemper were lovers, you’re a coconspirator, which makes you equally guilty.”
Marilyn bit her lip.
“That’s the story, and I’m not going to let him tell it, and I guess you can see why.”
Marilyn said nothing.
“Now,” Steve said, “no one’s gonna let you tell your story either, Fitzpatrick or I, but we need to hear it.”
She still said nothing.
“Look,” Steve said. “There’s no reason for you not to talk now. The cat’s out of the bag. At least as far as we’re concerned. You can’t hurt Douglas, and you can’t hurt yourself. There’s no reason to sit on your hands. There are some things we gotta know. I happen to know Douglas Kemper’s story is bullshit. Now let’s talk about what really happened. You got there first, didn’t you?”
Marilyn set her jaw.
“Didn’t you?” Steve persisted.
“I’m not going to talk about it,” Marilyn said.
“All right, then I will,” Steve said. “If you got there first, there are only two possibilities: Bradshaw was already dead, or you killed him. I know that for a fact. How do I know that for a fact? I know that because Douglas Kemper arrived right after you, not before you like he said, but after. And he went in there and he found Bradshaw dead. And that’s why he’s in such a panic, and that’s why he’s telling this bullshit story. It’s a story no second grader would believe, but he has to say something, and you’ll forgive me but he’s not that bright.
“No, the way I see it, you got there first and Bradshaw was already dead. And the ironic thing is you.
Marilyn still said nothing.
Steve sighed. Yeah. He’d really got her to open up, hadn’t he? “All right,” he said. “Here’s the situation. I’m joining the defense team. The only way for me to get Kemper out is to get the two of you out. So I’m hoppin’ on board. Fitzpatrick isn’t too happy about it, but he realizes he has little choice.
“You don’t have much choice either, but it’s still your decision. You have any objections to me working on your behalf?”
Marilyn looked at him a few moments. “No,” she said.
Steve nodded and stood up. “Fine,” he said. “See you in court.”
35
Judge Graves was attempting to maintain his air of judicial impartiality. Even so, he couldn’t help betraying his skepticism as he peered down from his bench at the defense table.
“I’m sorry, Mr. Fitzpatrick,” he said. “Would you mind repeating that again?”
“Yes, Your Honor,” Fitzpatrick said. “I merely wanted to inform the court that Miss Harding has secured additional representation. Mr. Winslow here has joined the defense as associate counsel.”
Judge Graves frowned. He looked again at the defense table, where Steve Winslow, in a white shirt, blue tie, corduroy jacket and jeans, made such an incongruous picture standing next to Fitzpatrick in his three-piece suit. “That is Mr.
“That’s right.”
“The same Steve Winslow who came forward yesterday as counsel for Douglas Kemper?”
“Yes, Your Honor.”
“The same Steve Winslow who has been referred to in these court proceedings as the gentleman discovered by the police in the apartment of the deceased?”
“That’s right.”
Judge Graves picked up a document from his bench. “The same Steve Winslow who filed a motion with me this morning, charging Harry Dirkson with prosecutorial misconduct, to wit, violating the rights of one Douglas Kemper by calling him as a prosecution witness, and tricking him into waiving his constitutional rights by forcing him to testify against himself, when in point of fact Dirkson had every intention of proceeding against him as a codefendant?”
Dirkson was on his feet. “With regard to that, Your Honor, I-”
“Mr. Dirkson, sit down,” Judge Graves snapped. “You’ll get your chance.” Graves turned back to Fitzpatrick. “Is that right?”
“Yes, Your Honor.”
“The same Steve Winslow who has filed a motion for a mistrial in this case, demanding that the defendant be retried, and that she and Douglas Kemper be tried jointly?”
“Actually,” Fitzpatrick said, “Mr. Winslow and I filed that motion jointly, Your Honor.”
“I see that you did,” Graves said. “I must ask you, Mr. Fitzpatrick, if you are also appearing as attorney for Douglas Kemper?”
“Not at this time, Your Honor. Circumstances, however, may dictate the necessity.”
“I see,” Judge Graves said. “Now then, Mr. Winslow. You are now here appearing for Marilyn Harding in concert with Mr. Fitzpatrick?”
“That’s right.”
“You see no conceivable conflict of interest between that and your duties to your client, Douglas Kemper?”
“I do not, Your Honor. If you will read my motion, you will find that my contention is that the opposite is true.”
Judge Graves held up his hand. “I have read your motion. I understand your contentions. I am asking these questions because I want the answers in the record. Now, do you see no possible conflict of interest?”
“None, Your Honor.”
“Mr. Fitzpatrick, you see no conflict of interest?”
“None, Your Honor.”
“Miss Harding?”
“Yes, Your Honor.”
“You have heard what Mr. Fitzpatrick has said?”
“Yes, Your Honor.”
“And what Mr. Winslow has said?”
“Yes, Your Honor.”
“You have no objection to Mr. Winslow representing you as associate counsel?”
“No, Your Honor.”
“You understand that he is also representing Douglas Kemper?”
“Yes, Your Honor.”
“You have no problem with that arrangement?”
“No, Your Honor.”
