The Innocent Woman

I don’t know what the fuck to do. That’s why I took the adjournment. I’m not sure how to play this. In theory, I could object to the whole thing, try to get the cab driver’s testimony stricken as incompetent, irrelevant and immaterial. But so what? The damage is done. It’ll be on the front page of the tabloids tomorrow, the jurors heard it, and you know how much a judicial admonition to strike it from their minds and give it no weight will have. Plus, the minute I try to tell the defendant’s story, it will become relevant. And Dirkson will just smear us with it again.”

“Can’t get much worse, can it?” Taylor said.

“Yeah, it can,” Steve said. “Dirkson could subpoena Tracy, try to get her to testify.”

“She can’t,” Taylor said. “She’s got professional privilege.”

“To conversations, yes. Anything Amy Dearborn told her is privileged. Anything Tracy did…” Steve waggled his hand. “It’s a fine line.”

“You mean she’d have to talk?”

“I’d go to jail for contempt first,” Tracy said.

“You wouldn’t have to,” Steve said. “Because I’d be the one advising you not to talk. Of course, I may go to jail for contempt. But that might be preferable to aiding and abetting and conspiring to conceal a crime.”

The phone rang. Taylor scooped it up, listened. He covered the receiver. “It’s for you.”

“I thought your switchboard was screening calls.”

“They are. It’s the boyfriend. Wanna take it?”

“Boyfriend?”

“Larry Cunningham.”

“Great,” Steve said. “I can’t wait to hear his bright idea.” Steve took the phone. “Yeah?”

“I just called to say I don’t like the job you’re doing.”

“Oh, no?”

“No. They call a witness puts Amy right at the scene of the crime, what do you do, you ask for an adjournment.”

Steve rolled his eyes, looked at Tracy and Mark. “Well, what would you like me to do?”

“Challenge the guy. Don’t let him get away with that. The guy says eight o’clock, bullshit. Maybe that’s the time the guy picked her up, but not the time he dropped her off. Now, I don’t know where your secretary lives or how long the ride took, but that’s a starting point. Tackle the guy on the ride and get him to admit it was later. Push him past eight-thirty, the guy’s already dead, according to the medical examiner.”

“Thanks for the advice,” Steve said with heavy irony.

“I know it’s just a start,” Cunningham said. “But then you get me on the stand saying she didn’t leave the restaurant till after eight. Well, that’s important, see. This guy’s testimony undercuts that, if it’s eight o’clock. So push him back. Otherwise, when you put me on the stand it’s going to be hard to make it stick.”

“No kidding.”

“I mean it. If you don’t do a good job with this witness, we are in deep trouble.”

“Thanks for the tip,” Steve said, and hung up the phone.

“What was that all about?” Taylor asked.

“Amy’s boyfriend doesn’t like the way I’m handling the case, thinks I’m going to spoil his star turn on the stand.”

“Nice guy,” Taylor said.

“He’s a prince. Problem is, I’m rapidly reaching a point where I might have to depend on his testimony.”

“You’re kidding.”

“No, I’m desperate. You may not have noticed, but things are not going well. Unless we can come up with something, I may have to put that schmuck on the stand.”

“What good will that do?” Tracy said.

Steve shook his head. “Probably none. He’s Amy’s boyfriend, and the jury will expect him to lie to save her. If I put him on the stand, his testimony’s virtually worthless. The only way it would mean anything would be if Dirkson called him.”

“Why’s that?” Taylor said.

“Then he’d be a prosecution witness, and Dirkson would be bound by his testimony. He’d have to try to impeach him.”

“You mean if he said he was eating dinner with Amy Dearborn, Dirkson would have to try to prove he wasn’t?”

“Right.”

“Could he do that?”

“Who cares?” Steve said. “It would be a breath of fresh air just to see Dirkson in an uncomfortable position. The way things stand, all the pressure’s on us. The problem is, Dirkson’s got no interest in Cunningham.”

“He was interested enough in my cab driver,” Tracy said.

Steve Winslow looked at her. His eyes widened. “Son of a bitch.”

“Are you thinking what I’m thinking?” Tracy said.

Mark Taylor looked from one to the other. “You’ll pardon me,” he said, “but I’m not sure what either of you are thinkin’.”

“I don’t know if we should tell you, Mark,” Steve said. “You might not like it.”

Taylor exhaled, rubbed his head. “Hell,” he said. “I hate it already.”

44

Steve Winslow checked his watch. “All set?”

Tracy Garvin nodded. “Yeah.” She dropped the quarter in the pay phone on the corner of Broadway and 72nd Street, referred to her steno pad, and punched in a number.

Moments later a voice said, “District Attorney’s office.”

Tracy raised the steno pad and began reading in a clipped, urgent voice. “Got a tip on the Dearborn case. Don’t put me on hold, don’t transfer me and don’t try to trace this call…. Don’t try it, buddy or I’ll hang up,” Tracy said, raising her voice to drown out the interruption. “I’m talking, you can listen or not. It’s the boyfriend, Larry Cunningham. The one she had dinner with. The defense is trying to keep him off the stand. You know why? She practically told him she was going to do it. She said when she saw him in court she freaked out. The guy framed her and got her fired. Just ’cause he was miffed at her for dumping him. She said it wasn’t enough to beat him in court, she wanted to see him dead.

“That’s right, now shut up. You want to hear this or not? This guy Cunningham, they’re acting like he’s going to be a witness for the defense. But the fact is, they want no part of him. ’Cause the guy’s a wimp, he hasn’t got the nerve to lie, and if he ever got on the stand, he’d panic and spill his guts.

“The kicker is, they don’t dare put him on the stand, because Cunningham knows the lawyer found Amy at the scene of the crime and sent her home to build up an alibi by taking a later cab.

“Never mind who I am, I’m just not going to let that little bitch get away with it.”

Tracy Garvin slammed down the phone, looked up at Steve Winslow. “How was I?”

Steve looked at his watch. “Just great. But the call went thirty seconds over. As our attorney, I would strongly advise us to get the hell out of here.”

45

Judge Wylie frowned down from the bench. “I’m not sure I understand this.”

Dirkson could hardly contain himself. “It’s perfectly simple, Your Honor. A matter has come up which requires our immediate attention. An allegation has been made that is so grave that I can scarcely believe it. But, if true, it