The Underground Man

for what I’m doing for Jeremy Dawson, ask yourself how you’d feel if I was defending that rich guy’s son who killed his girlfriend.”

Mark Taylor opened the door to find the two of them looking at each other.

“Am I interrupting something?”

“Not at all,” Tracy said. She straightened up and shoved on her glasses. “Steve’s just giving me his new version of the case. It turns out the corpse committed the murder.”

Taylor looked at Steve. “That’s the angle?”

“That’s it. You got anything that’ll help?”

Taylor flopped into the clients’ chair, shook his head. “No, and you’re not gonna like what I got. Pipeline got the word from headquarters. Dirkson’s all in a dither about the question of identity. Turning the place upside down trying to get something that’ll stick. Medical examiner’s workin’ overtime on the body, looking for something he missed. Cops are interrupting him every five minutes trooping people in there to look at the body, even though they know it’s a lost hope. And Dirkson’s questioning everybody he can get his hands on.”

“Yeah? So?”

“So they got something. I don’t know what it is, but they got something. Lids on, so my man can’t find out what. Only one thing he knows for sure.”

“What’s that?”

Taylor grimaced. “Hate to rain on your parade. They I.D.’d the body as Jack Walsh.”

34

Judge Grimes looked down from his bench at Steve Winslow and Harry Dirkson. “Gentlemen. Since yesterday I’ve gone over the testimony of the witness, Joseph Bissel, and considered Mr. Winslow’s motion. I am now prepared to rule. However, as I now understand it, Mr. Dirkson has some new evidence which could render my ruling moot. Nonetheless, here is the situation. With regard to the motion to strike the testimony of Joseph Bissel, it is at least in part denied. An examination of his testimony shows that it is not true that the sole purpose of the testimony was to implicate the defendant, Jeremy Dawson, in the crime. Indeed, the greater part of his testimony, that he saw Jack Walsh in the subway station on February 26th, that he personally observed Jack Walsh writing something on a piece of paper, is not only relevant and admissible, but is actually part of the circumstantial evidence which the prosecution can use for making a case that the body found in the station was indeed Jack Walsh. Therefore, the only part of the testimony in question is that where Joseph Bissel identifies the man he saw in the subway station with Jack Walsh as the defendant, Jeremy Dawson.”

Judge Grimes paused and frowned. “I have given the matter careful consideration because I must say frankly I believe it to be a close point. However, I find that I must hold with the defense attorney and rule that the prosecution does not have sufficient grounds to introduce the evidence at this time. I am therefore striking the testimony regarding the identification of Jeremy Dawson from the record. However, I am prepared to reinstate it, if and when the prosecution produces sufficient evidence to warrant my doing so. However, I am striking it from the record at this particular time.

“Now, with regard to matters of procedure. Mr. Winslow, Mr. Dirkson has concluded his direct examination of the witness. You now have the right to cross-examine. But naturally, only on that portion of the testimony which now remains in the record. If you do, and Mr. Dirkson then makes an additional showing which results in the reinstatement of the remainder of Joseph Bissel’s testimony, you would at that time be given an opportunity to cross-examine on that. That being the case, I ask you if you would care to cross-examine the witness now, or whether you would care to defer your cross-examination until such time as it is determined whether the remainder of his testimony is to be reinstated.”

Steve smiled. “Your Honor, in the event that his testimony is not reinstated, rather than cross-examine, I think I would find I had another motion to make.”

Judge Grimes smiled. “I’m sure you would, Mr. Winslow. Though if the corpus delicti is not proved, the motion to dismiss would not be necessary.

“Now, Mr. Dirkson. Are you prepared to proceed?”

“I am, Your Honor.”

“Very well. Bring in the jury.”

When the jurors had been seated, Judge Grimes said, “Ladies and gentlemen of the jury, I apologize for the delay. Allow me to explain the situation. At this time I must ask you disregard the testimony of the witness, Joseph Bissel, with regard to identifying Jeremy Dawson as the person he saw in the subway station with Jack Walsh. You are to put it from your minds, and give it no weight.

“Now, with regard to the witness, Joseph Bissel. He has not completed his testimony. The defense still has the right to cross-examine. However, he has been withdrawn from the stand at the present time so that the prosecutor may introduce additional evidence.

“We are now prepared to proceed. Mr. Dirkson.”

Dirkson rose. “Thank you, Your Honor. Recall Dr. Murray Abraham.”

The medical examiner entered from the back of the courtroom and took the stand. It was obvious that he was still smarting from the effects of Steve Winslow’s cross-examination. He did not glance once at the defense table, and his lips were set in a firm line.

When the medical examiner had seated himself on the stand, Judge Grimes said, “Dr. Abraham. You have already testified. Let me remind you that you are still under oath. Mr. Dirkson.”

“Thank you, Your Honor. Dr. Abraham, since yesterday have you performed any additional tests on the body of the decedent?”

“Yes, I have.”

“Can you tell us about those tests?”

“Yes, sir. I went over the body of the decedent again with the express purpose of looking for some medical anomaly which could be used as the basis for establishing the identity of the victim.”

“And did you find anything?”

“Yes, I did.”

“And what was that?”

“I found a hairline fracture of the right fibula.”

“For the benefit of us laymen, Doctor, just what is the fibula?”

“It is one of the lower leg bones. The smaller bone in the back of the lower leg.”

“I see. And you say the victim had a hairline fracture on his right lower leg bone?”

“That is correct.”

“Can you tell us anything about that hairline fracture?”

“Several things. For one, the fracture had probably not been medically treated.”

“Why do you say that?”

“Because of the way it healed. The split bone is slightly askew. In other words, it healed in precisely the position it cracked. It was not set. No attempt was made to hold the bone together. From which it is apparent the leg was never put in a cast.”

“I see, Doctor. But how is that possible? Wouldn’t a man with a broken leg require medical attention?”

Dr. Abraham shook his head. “Not with a hairline fracture of the fibula. You see, the fibula is not the support bone. The tibia is. A person with a hairline fracture of the fibula should have medical attention, to make sure it heals properly and in order not to risk a permanent disability. But since it is not a support bone, a person with a hairline fracture of the fibula can walk on it. Although they are apt to experience pain and walk with a slight limp until such time as the fracture has healed itself.”

“And the fracture was this type of injury?”

“It was.”

Dirkson nodded his approval. “Very good, Doctor. Now let me ask you this. Can you tell us anything with regard to the time of the injury? When it occurred?”

“Only in a general way. It is obvious the injury is not recent. From the age of the calcium deposits built up