off the hook, and so would they.
So why didn’t she feel good about it?
Tracy sat, listened, while Steve Winslow repeated the question.
“So, Mr. Cunningham, the question was, that as I understand your testimony, the defendant got back to her apartment sometime after eight o’clock. Is that right?”
“Yes, it is.”
“I’d like to pin this down, get it straight in the minds of the jurors. You took Amy Dearborn out to dinner, is that right?”
“Yes, it is.”
“You ate at the Abbey Pub on 105th Street?”
“Yes, we did.”
“What time did you pick her up?”
“Sometime between six-thirty and seven.”
“You picked her up at her apartment?”
“That’s right.”
“Her apartment is how close to the restaurant?”
“Two blocks.”
“So it took you no time at all to walk there?”
“That’s right. Just a few minutes.”
“You sat in the restaurant and had dinner?”
“Yes, we did.”
“And I believe you testified that over dinner you discussed the trial that Amy had been through that afternoon-the one where she was found innocent of petty theft?”
“That’s right. We did.”
“What was her reaction to the trial?”
“She was elated, of course. She had been found innocent in record time. There was no question in the mind of the jurors that she was innocent. She felt totally vindicated. Oh, and she did mention, she felt you had done an excellent job.”
Steve Winslow smiled and bowed. “Thank you very much. Now, as I understand it, after dinner you were going to take the defendant to a movie. Is that right?”
“Yes, it is.”
“And what time did the movie start?”
“Eight o’clock.”
“Eight o’clock?”
“That’s right.”
“But you say you didn’t leave the restaurant until
Cunningham smiled. “But we didn’t
“Yes, but you
“I can explain that,” Cunningham said.
“Please do.”
Cunningham turned to the jury. “The Olympia Theater is on Broadway and 106th Street, which is only a block away. It would take at the most five minutes for us to leave the restaurant, purchase tickets and go in. Plus there’s always five to ten minutes of previews of coming attractions. As if happens, it was
“I see,” Steve Winslow said. “So you can personally give the defendant an alibi until sometime after eight o’clock?”
“Yes, I can.”
Steve Winslow nodded. “Thank you, Mr. Cunningham.” He turned to the bench. “Your Honor, I think I have a few more questions, if I could have your indulgence for a moment, please.”
Steve turned, walked back to the defense table, leaned over to Amy Dearborn. In a low voice, he said, “How’m I doin’?”
That startled her. “Fine I guess,” she said. “What do you need to know?”
“Nothing, really,” Steve said. “I’m just stalling for time.”
“Huh?”
“Just taking a break before the big push. But I suppose I really should ask you something.”
“What?”
“You ever go to bed with this guy?”
Amy’s eyes widened. “Damn it,” she said.
“Can I take that for a no?”
“What the hell are you doing?”
Steve shrugged. “Like I said, I had to ask you something. Now nod your head like we just conferred over a very important matter.” When Amy just stared at him, he said, “That’s fine. And away we go.”
Steve Winslow walked back to the witness stand. He frowned, thought a moment. “Mr. Cunningham. You have stated you were going to an eight o’clock showing at the Olympia theater?”
“Yes. But I believe I stated the movie actually starts about ten after. What with previews and everything.”
“I understand that,” Steve said. “And I wasn’t disputing the time element. I was merely stating that you and Amy Dearborn were going to what would generally be referred to as the eight o’clock showing. Is that right?”
“Yes, that’s right.”
“Is it?” Steve said. “Mr. Cunningham, do you recall a conversation I had with you prior to this trial, when I asked you what movie you were going to and you had no idea?”
“No, I don’t recall that at all.”
“As I recall the conversation, you stated that you were going to the Olympia theater all right, but you had no idea what was playing there. I pointed out to you that the only two choices were a eight o’clock showing of a romantic comedy, or a nine o’clock showing of a rap movie. Is it not true that it is only since that conversation that you made up this whole explanation of how the movie you going to started at eight o’clock, but with previews and everything it would have started at eight-ten, and that’s how you got out of the restaurant so late?”
Cunningham looked at Steve Winslow as if he couldn’t believe he was asking him that. “Absolutely not,” he said. “Why would I do such a thing?”
“I’ll tell you why,” Steve said. “Is it not a fact that while Amy Dearborn may have thought she was going to the movies, you never had any intention of doing that at all? Is it not a fact that the reason you didn’t know when the movie started was because you didn’t plan to go? Is it not a fact that after dinner, instead of going to the movies, you were going to take Amy Dearborn back to her apartment and try to get her to go to bed with you?”
“Why, you son of a bitch!” Cunningham exclaimed.
“Objection!” Dirkson shouted. “Incompetent, irrelevant and immaterial.”
“It is an impeaching question, Your Honor.”
Judge Wylie banged the gavel, silencing the attorneys and the rumble from the spectators in the courtroom. “The objection is overruled. Witness will answer.”
“Is that not a fact, Mr. Cunningham?”
“No, it is not a fact. And I object to the insinuation.”
“I’m sorry about that,” Steve Winslow said. “But these allegations come up, and they have to be aired. I
