The Underground Man

to the crime. You’ve seen for yourself the results of their work in locating Martin Steers, who saw Jeremy breaking into the high school.

“But there is one thing you haven’t seen. Which is why I ask you this: with all the publicity surrounding this case, with all the efforts of the police department to uncover information pinning the crime on Jeremy Dawson, and with the prosecution so desperate to prove that Jeremy Dawson burned the body-” Steve raised his voice, “-is it conceivable, is it remotely possible, is there any chance whatsoever-” Steve paused, and then hammered it in: “- that on February 26th a service station attendant sold a can of gasoline to a boy with green hair, and the police haven’t found him?”

Steve paused. Some of the jurors blinked. Some looked at each other.

Steve nodded. “Yeah. Pretty incredible. If a service station attendant had sold a can of gasoline to a boy with green hair, he’d remember it. And with all the publicity surrounding this case, he’d hear about it, and he’d come forward. And even if, by some far stretch of the imagination, he didn’t hear about it, the police would still find him.

“But they haven’t found him, have they?” Steve said. “We know that because if they had, he’d have been the star witness for the prosecution, the most damning witness of all, the one who clinched the case. But they haven’t found him. And they can’t find him, and they won’t find him, because he doesn’t exist. Because Jeremy Dawson didn’t buy a gallon can of gasoline on February 26th. And Jeremy Dawson didn’t set the body on fire.

“And if he didn’t do that, he didn’t fire the fatal shot, because by the prosecution’s own argument, if, and only if, he set the body on fire, would he have fired the fatal shot and then kept the gun.”

Steve shook his head. “Not possible. Couldn’t have happened.

“And now consider this: if a straight businessman in a suit and tie, a man like Carl Jenson whom you have just seen on the witness stand, were to walk into a filling station looking somewhat hassled and say, ‘My car just ran out of gas on the highway, can you sell me a gallon can?’ would the filling station attendant think anything of it and even remember it? You know and I know he would not.”

Steve looked around and shrugged. “You see why I put on no case. The evidence as it is is overwhelming. Jeremy Dawson could not have committed the crime. Carl Jenson could.

“As you review the evidence in this case, I want you to remember what I told you at the start. It is a case of circumstantial evidence. In such a case, for the prosecution to get a conviction, it is necessary that the circumstances point only to the guilt of the defendant, and are not open to any other reasonable interpretation. I ask you to look carefully at the evidence, examine it, consider what it means.

“And then weigh it.

“And when you do, remember this: it is not necessary for the defense to tip the scale. We don’t have to make the stronger case. I personally believe there is more evidence in this case that Carl Jenson committed the murder than that my client did. But you don’t have to agree with that to bring in a verdict of not guilty. It is not necessary that you consider it more likely that Carl Jenson committed the crime. It is only necessary that you consider it possible. Any reasonable hypothesis other than that of guilt. If you believe it possible that Carl Jenson committed the crime, you must give the defendant the benefit of that reasonable doubt, and return a verdict of not guilty.

“Ladies and gentlemen of the jury, your task is clear. I leave you to you sworn duty.”

Steve smiled at the somewhat dazed looking jurors, bowed and sat down.

It took the jury two and a half days to bring back a verdict of not guilty.

44

Mark Taylor came in grinning like a Cheshire cat, flopped into the overstuffed chair and said, “Heard the news?”

Steve Winslow looked up from the stack of law books on his desk. In the two weeks since the verdict he had been boning up for the will contest, a task for which he was admittedly not well suited, and one which he did not particularly enjoy. Thus he was not in the best of moods, and he frowned at the interruption. “No,” he said. “What?”

“The grand jury just indicted Carl Jenson for the murder of Jack Walsh.”

Steve set down the book. “You’re kidding me.”

“No. Got it straight from the horse’s mouth.”

Steve chuckled, shook his head. “Son of a gun.”

“I thought that might interest you.”

“I’ll say. So what’s the case against him?”

“I don’t know all the details, but apparently they got a fingerprint from Jeremy Dawson’s locker.”

Steve grinned. “You’re kidding.”

“No. And the damaging thing about it is it’s from the inside of the locker.”

“Holy shit.”

“Yeah,” Taylor said. “Only thing is, when you think about it it’s kind of like the argument you made for Jeremy Dawson. I mean, Jenson’s got to be the stupidest murderer ever lived, not thinking about fingerprints when he swiped the gun.”

Steve considered that. “Maybe not.”

“What do you mean?”

“Well, if that’s true, it’s like I said in court. If Jenson knew the gun was there, it’s ’cause he searched the locker back when Jeremy was suspended from school. The irony is, he probably left the fingerprint back then.”

“Yeah, well either way, it fries his ass.”

Steve chuckled, shook his head. “Son of a bitch.” He jerked his thumb. “You tell Tracy?”

“Yeah.”

“How’d she take it?”

“What do you think? She was pretty surprised. Why?”

“She’s been giving me a hard time the past two weeks, ever since the verdict. She thinks I pulled a fast one getting Jeremy Dawson off. She thought I sold the jury a bill of goods.”

“Yeah, well frankly so did I,” Taylor said. He shrugged. “Only thing is, it don’t bother me none. Personally, I thought it was damn fine work. You’re telling me she’s bent out of shape?”

“Pissed as hell,” Steve said. “So this has got to be a bit of a jolt. I’m surprised she didn’t follow you in.”

“Mail came,” Taylor said. “I left her dealing with that.”

“Yeah,” Steve said. He indicated the law books. “Life goes on.”

“How’s it going?”

“The will contest? Not good. Frankly, I expect to lose.”

“Oh yeah?”

“Yeah. I’m going through the motions, but I think it’s a lost hope. Not that I’m losing any sleep over it. It’s not like Jeremy’s losing everything. Even if the will doesn’t stand up, he still gets a fifth.”

“Yeah, but do you get a fee?”

Steve shook his head. “Not on the will contest. I can’t see taking a percentage for losing. But I’ll sure as hell take a fee for the murder rap.”

“Glad to hear it,” Taylor said. “I’m running a tab for you, but I hate to charge you when you haven’t been paid.”

“Don’t sweat it, Mark. Turn in your bills. The money will be there.”

“So tell me about Jenson. Is the fingerprint all they got?”

“It’s all I know they got. They probably got something else.”

Steve pursed his lips. “It’s interesting, when you think about it. Dirkson may have a bit of a problem.”

“What’s that?”

“On the question of identity. If you’ll recall, the only way they identified the body was on the testimony of Carl Jenson.”