It was hot stuff. The murder trial was sensational enough in itself. But to have the defense pull a grandstand play, a regular Perry Mason stunt, only to have it backfire-well, that was more than any newsman could have wished for. It not only made the papers, it was the lead story on the morning news on every radio and TV station in the city.
As a result, the courtroom was packed. Seating had been at a premium before, but now it was ridiculous. People were standing four-deep in the back of the courtroom and jostling for position.
Judge Wallingsford looked out over the courtroom and banged the gavel three times. “Order in the court. Ladies and gentlemen, somewhat against my better judgment, I have allowed spectators for whom there are no seats. Please understand that you are here at my tolerance, so do not abuse the privilege. If I cannot have quiet, I will order everyone who is not seated out. Is that clear?”
It was. The rumbling subsided. No one wanted to leave.
“Now then,” Judge Wallingsford said. “Before we bring the jury in, let me explain the situation. The defendant was on the stand, but was removed from the stand so the defense could attempt to introduce some new evidence.
“Now, Mr. Winslow, you made a motion that you be allowed to introduce new evidence at this time. I ask you now if you have any new evidence that you wish to introduce?”
Steve Winslow stood up. He took a breath. “I do not, Your Honor.”
That announcement, though totally expected after all the publicity, still drew murmurs from the back of the courtroom.
Judge Wallingsford banged the gavel. “I will not warn the spectators again. Now then. The defense has withdrawn its motion to introduce new evidence. When that motion was made the defendant was on the stand, and the defense had concluded its direct examination. It is now time for the prosecution to cross-examine. So, will you bring in the jury and return the defendant to the stand-”
Judge Wallingsford broke off as he realized Harry Dirkson was paying no attention to him, but was instead conferring excitedly with an associate. “Mr., Dirkson?” he said.
Dirkson stood up and turned around. His face was such a confusion of emotions it was almost comical. He ran his hand over his head. “Your Honor, Your Honor,” he said. “If I could have your indulgence for a moment.”
“Yes, Mr. Dirkson. We are all waiting on you.”
“I’m sorry, Your Honor. But before we proceed, a matter has arisen that requires my immediate attention.”
Judge Wallingsford frowned. “You’re asking for an adjournment, Mr. Dirkson?”
“No, no, Your Honor. Not a matter connected with my office. A matter connected with this case.”
“The defendant was on the stand, Mr. Dirkson. And you were about to cross-examine.”
“I know, Your Honor. But a matter has come up of which I was totally unaware. At least until a few moments ago. And it is a matter that is so grave, I feel I may be forced to take action. At this time, I must ask to reopen my case.”
Judge Wallingsford stared at Dirkson. “Mr. Dirkson, you rested your case. If you have new evidence, you can bring it out on rebuttal. That is the proper way to do so. But I can think of no reason to allow you to reopen your case now.”
“But I have new evidence, Your Honor, which should be introduced before I cross-examine the defendant. Evidence which will definitely link her with the commission of the crime.”
“Then it should have been introduced as part of your case.”
“I wasn’t privy to the information, Your Honor. It has only come into my hands now. I have a witness who will definitely put the defendant at the scene of the crime.”
Judge Wallingsford shook his head. “That is not proper procedure, Mr. Dirkson. If the defense raises an objection, as I am sure they will, I would have to sustain it.”
Dirkson’s face was grim. “The defense can
Judge Wallingsford’s eyes widened. “That is a most serious charge, Mr. Dirkson. You mean the defense had full knowledge of the existence of this witness?”
“They did, and I can prove it,” Dirkson said.
“They deliberately concealed this witness from you?”
“That is correct, Your Honor.”
Judge Wallingsford took a breath. “And where is this witness now?”
There was a commotion in the back of the courtroom as the doors behind the spectators were thrown open.
“I believe she’s here now,” Dirkson said.
Everyone turned to look as two court officers pushed through the crowd leading in a defiant but rather harried-looking Marcie Keller.
41
Marcie Keller looked like a beast at bay. She tossed her head, shaking the long, curly hair off her face, gripped the arms of the witness stand and glared defiantly down at Harry Dirkson.
She had been installed on the witness stand after a long, brawling argument between Harry Dirkson and Steve Winslow, at the end of which Judge Wallingsford had ruled that Dirkson be allowed to reopen his case.
The jurors, of course, had heard none of this. In fact, they had not been in court since early the previous day. So they had no idea what was going on, only that it was taking an unusually long time. The last they heard, the defense attorney was about to make a motion, so those jurors who had been responsible enough to heed Judge Wallingsford’s admonition about not reading the papers had to figure the delay was on account of that. So they were absolutely bewildered when Judge Wallingsford informed them that it was the District Attorney who would be putting on new evidence and that Harry Dirkson had been allowed to reopen his case.
Which made the attractive young woman on the witness stand even more fascinating. She was not a surprise defense witness, she was a surprise prosecution witness.
And obviously a reluctant one.
What the hell was going on?
Dirkson, showman that he was, prolonged the suspense by pausing dramatically for several seconds and just standing there looking at the witness before crossing in to question her. When he did, he began slowly, gently, even conversationally, a slight smile on his lips but a hard glint in his eye. It was a good tactic, implying the easy assurance of a man who has every ace in the deck, and it created the desired effect. The witness is mine, Dirkson’s attitude seemed to say. There is nothing to worry about. She won’t get away.
“What’s your name?” he asked.
Marcie took a breath. “Marcie Keller.”
“And what is your occupation, Miss Keller.”
Marcie’s chin came up. “I’m an actress.”
“An actress?” Dirkson said. “Now that’s interesting. There are thousands of actresses in New York City. Competition for jobs is rather fierce. Tell me, are you presently employed?”
Marcie glared at him. “I am presently on the witness stand,” she said dryly.
That sally drew a laugh from the spectators. Judge Wallingsford frowned and banged the gavel.
Dirkson was too shrewd to appear annoyed. He smiled, as if in appreciation of the answer. “Well said, Miss Keller. But I mean, are you working?”
“I did a
“Yes.”
