for the anticipated attack.
It didn’t come. Steve’s manner was not adversarial. It was polite and conversational, even friendly.
Steve smiled, held up his hand and said, “Now, Mr. Jenson. Mr. Dirkson has been scrupulously careful about the phone call you had from the school, but I think there’s no need to be over technical here. The fact is, the school called and told you Jeremy Dawson had cut his afternoon classes, right?”
“That’s right.”
“Tell me, did that surprise you?”
“I beg your pardon?”
“Well, was this a novel occurrence, something new and unexpected, something you’d never dealt with before?”
“No, it wasn’t.”
“Jeremy Dawson had cut his classes before?”
“Yes, he had.”
“On more than one occasion?”
“That’s right.”
“And had the school called before with regard to Jeremy cutting his classes?”
“Yes, it had.”
“And on those occasions, when Jeremy Dawson got home, did you ask him where he’d been?”
Jenson frowned, hesitated a moment. “I can’t remember.”
Dirkson came to his rescue. “I think it’s incompetent, irrelevant and immaterial, Your Honor.”
“On the contrary, Your Honor,” Steve said. “This witness has testified as to remarks Jeremy Dawson made to him on this occasion regarding Jack Walsh and his money. It’s entirely relevant whether those remarks were special to this occasion, or whether this was something Jeremy Dawson taunted Carl Jenson with all the time.”
Judge Grimes frowned. “I will allow this line of questioning.”
“You say on those occasions you can’t remember if you asked him where he’d been. Can you remember if on those occasions you asked him anything about Jack Walsh?”
“No, I didn’t.”
“Are you sure?”
“Yes, I’m sure.”
“You’re not sure if you asked him where he’d been, but you
“That’s right.”
“How can you be sure about that?”
“On those other occasions there was no reason to ask him about Jack Walsh.”
“Oh, so you’re saying on this occasion there was?”
“Yes, there was.”
“And what was that?”
Jenson hesitated, took a breath. “Well, recently the family had been very concerned about Jack. He’d been acting irrationally. He’d been confined in Bellevue. He’d been released just the day before. So naturally it was on my mind.”
“Yes, but what made you think Jeremy Dawson might have seen him?”
“Well, there was the phone call from the school.”
“Ah, yes,” Steve said. “The phone call from the school. I was wondering about that. Is it possible that when the school called to tell you Jeremy Dawson had cut his classes, they also mentioned that he had been seen with a rather disreputable looking older gentleman?”
“Yes, they did.”
“You didn’t mention this on direct examination.”
“Objection,” Dirkson said.
Judge Grimes frowned. “Objection to what?”
“Objection to that statement. Counsel is trying to make it appear there was something sinister about the witness not mentioning that fact on direct examination. When in point of fact, the only reason he didn’t mention it is because it’s hearsay and inadmissible.”
Judge Grimes smiled. “Are
“Not at all,” Dirkson said. “I’m happy to have it in the record.”
“Then we have no problem. Proceed, Mr. Winslow.”
“At any rate, Mr. Jenson, that is why you questioned Jeremy Dawson about Jack Walsh at this particular time?”
“That’s right.”
“Now, referring to those previous occasions on which the school called you about Jeremy Dawson, did he ever make any remarks to you about Jack Walsh’s money?”
“No, he did not.”
“The subject never came up?”
“No, it did not.”
“But you do recall other occasions when Jeremy Dawson cut classes and you were called by the school?”
“Yes, I do.”
“Tell me something. Was Jeremy Dawson ever suspended from school?”
“Yes, he was. But that wasn’t for cutting classes. That was for selling crack.”
There was a murmur in the courtroom. Dirkson grinned.
Steve frowned. “For selling crack, you say?”
“That’s right.”
“Now look here, Mr. Jenson, you don’t know for a fact that Jeremy Dawson was selling crack, do you?”
“Yes, I do.”
“How do you know that?”
“The school caught him at it.”
“Wait a minute, Mr. Jenson.
“No, the school did.”
“And you only know that because you were told that, right?”
“That’s right.”
“But that’s hearsay, Mr. Jenson. You can’t testify to that.”
“I don’t know about that,” Jenson said. “I’m not a lawyer. You asked me so I told you.”
That sally drew a laugh from spectators in the courtroom. Dirkson grinned broadly, and some of the jurors smiled.
Judge Grimes frowned. “Are you asking that answer be stricken from the record, Mr. Winslow?”
“No, I’m not, Your Honor. I’d like to cross-examine the witness on it.”
“It’s plainly hearsay, Mr. Winslow.”
“It goes to the bias of the witness, Your Honor. This witness has given material evidence on statements my client made on the day of the murder. I’m interested in any factors that might have colored his judgment.”
“Very well. Proceed.”
“Mr. Jenson, you don’t
Jenson hesitated. “You mean aside from what someone told me?”
“That’s right.”
“No, I do not.”
“Well, tell me something. When Jeremy Dawson was suspended for selling crack, how did you feel about that?”
“How did I feel?”
“Yes.”
