“Yes, I did.”
“And who would that be?”
“Well, I first compared the prints with the prints taken from the decedent, David Castleton.”
“With what results?”
“The majority of the prints were his. May I consult my records?”
“Please do.”
Riker took a notebook from his jacket pocket. “Yes, here we are. There were thirty-one prints in all. Twenty- six of them proved to be prints of the decedent, David Castleton.”
“The remaining five-did you compare those with the known prints of any person?”
“Yes, I did.”
“With what results?”
“Four of those prints matched absolutely with the known prints taken from David Castleton’s cleaning lady, Joyce Wilkens.”
“I see,” Dirkson said. “And the one remaining print-did you compare that with the known prints of any person?”
“Yes, I did.”
“With what result?”
“That print matched absolutely with the right thumb print taken from the defendant, Kelly Clay Wilder.”
There was a murmur in the courtroom. Judge Wallingsford silenced it quickly with the gavel.
“Thank you, Mr. Riker,” Dirkson said. “To which print are you now referring?”
“May I see the exhibits?”
“Certainly,” Dirkson said. He handed the fingerprint lifts to the witness.
Riker riffled through them, compared them to the list in his notebook. “Here we are,” he said. “I’m referring to the lift marked for identification as People’s Exhibit Six-J. It is the print I compared to the right thumbprint taken from the defendant, Kelly Clay Wilder.”
“And where was that print found?”
“It was taken from the doorknob of David Castleton’s apartment.”
“The front doorknob?”
“That is correct.”
“The outside doorknob?” Dirkson asked.
“No, sir. The inside doorknob.”
Dirkson let the jury see his smile of satisfaction. “Thank you, Mr. Riker,” he said. “That’s all.”
Steve Winslow rose to cross-examine. “Mr. Riker,” he said. “Were you present at the scene of the crime?”
“No, I was not.”
“You compared prints furnished to you by the Crime Scene Unit?”
“That is correct.”
“Then when you state that the thumbprint of the defendant, Kelly Clay Wilder was taken from the inside doorknob of David Castleton’s apartment, you are not testifying to what you personally observed. You are going by the information furnished you on the fingerprint lift. Is that right?”
“No, it is not.”
“It is not? How can that be if you were never at the scene of the crime?”
“I’m willing to explain if you’ll allow me.”
“Please do.”
“Certainly I rely on the information on the lift as a guideline, but I am not basing my testimony on it. In addition to comparing the defendant’s fingerprints with the fingerprint found on the lift, People’s Exhibit Six-J, I also compared it to the photograph of that fingerprint taken in place on the doorknob. I believe that photograph has also been introduced into evidence. Now I can’t swear to you that’s the doorknob of David Castleton’s apartment, since I’ve never been there-you’ll have to go by the testimony of other witnesses for that. But as to where that one particular fingerprint came from with regard to the set of fingerprints-well, I’m not taking the word of what anyone told me. It is my own personal observation that the fingerprint came specifically from the doorknob in the photograph.”
Winslow nodded, as if conceding the point. “Well answered, Mr. Riker. You yourself didn’t gather any fingerprints from the scene of the crime, did you?”
“I’ve already stated I was never there.”
“That’s right, you did. So in comparing the fingerprints found at the scene of the crime, you were only able to compare those fingerprints furnished to you, is that right?”
“Of course.”
Steve Winslow leafed through the photographs on the evidence table. “I call your attention to the photograph People’s Exhibit Five-N. Would you please take a look at it?”
The witness took the photograph.
“Do you see a computer in the upper left-hand corner?”
“Yes, I do.”
“Did you examine any fingerprints taken from that computer?”
“No, I did not.”
“So, if there were any legible fingerprints on the keyboard of that computer, you would have had no way to compare them, would you?”
“Objection. Argumentative.”
“Sustained.”
“Objection. Not proper cross-examination.”
Judge Wallingsford frowned. “Overruled.”
“Were there any fingerprints on that computer.”
Riker shook his head. “I can’t answer that.”
“Yes, you can,” Steve said. “You can say yes, you can say no, or you can say you don’t know.”
“Objection.”
“Sustained.”
“Do you know for a fact, of your own knowledge, if there were legible prints on the keyboard of that computer, yes or no?”
“Objection.”
“Overruled.”
Riker took a breath. “No.”
Steve smiled. “Thank you, Mr. Riker. So you don’t know. I didn’t think you did. That’s all.”
“Oh, Your Honor,” Dirkson said.
“Exactly,” Judge Wallingsford snapped. “Mr. Winslow, you will avoid such side remarks.”
“Yes, Your Honor.”
Dirkson next called a handwriting expert who testified that he had examined ‘the note of the defendant’s address that had been found in the decedent’s pocket, and determined that it had definitely been written by David Castleton.
When the defense did not cross-examine, Judge Wallingsford took note of the time and adjourned court until ten o’clock the next morning.
32
“Did you type on the computer?”
Kelly Wilder frowned at Steve Winslow through the wire mesh screen of the lockup. “Yes, I did. Why?”
“Because if you didn’t, there’s no use my pushing the point.”
