'Right. I remember you. You were present when Gary was questioned by Dennis Downes. What's up?'
'I know I shouldn't be disturbing you at home, but I've been wondering since that pretrial hearing why no one from the defense asked me any questions on cross and why you haven't gotten in touch with me about my trial testimony.'
'Do you know something that might help Gary?'
'Didn't Steve Mancini tell you about our conversation?'
'All Steve said was that he didn't think you could help us.'
'You're kidding. Do you mean to say he didn't tell you that I believe Gary Harmon was inadvertently hypnotized by Dennis Downes during the interrogation?'
Peter blinked. 'No. He never told me anything about hypnotism.'
'That really surprises me. I told Miss O'Shay that she shouldn't be using Harmon's statements to convict him, but she won't listen to me.'
'I want to make sure I'm understanding you. You're saying that you told the D.A. there was something wrong with Gary's interrogation?'
'Yes.
'And you also told Steve Mancini about this?'
'I told him over a month ago. I thought you'd be interested.
Peter was dazed. Gary's statements were the basis for the state's case. Without them ... 'Can we get together tonight? This is very important and Steve never mentioned a thing to me about what you're saying.'
'Okay. There's an all-night restaurant near the turnoff to the interstate.
The jolly Roger. Can you be there in half an hour?'
'No problem.'
'Boy, I can't understand why Mr. Mancini didn't say anything to you,' Bosco said right before he hung up.
'Neither can I,' Peter said to the dead phone. He had been standing during the phone conversation, but he sank into an easy chair as soon as he hung up.
Peter didn't know what to think. He remembered the look Bosco had given Mancini during his testimony at the motion to suppress. Peter had even commented on it to Steve. He reached for the phone to call Mancini, but he stopped in mid-dial. It would be better if he waited until he heard what Bosco had to say 'How did you get involved in this case?' Peter asked as soon as he and Don Bosco were seated in a booth in the rear of the jolly Roger with two cups of coffee.
'Dennis Downes called me at home around eight-thirty, nine. He wanted me to check my records to see if we had anything on Harmon. You know, a history of mental health problems. Something like that.'
'Did you find anything?'
'No.
'What did you do after that?'
'I went over to the station house to tell him. He'd already said that the inquiry concerned the girl who was killed in the park, so I thought it was important enough to tell him in person and see if there was any other way I could help out.
'When I arrived, Becky O'Shay asked me to watch the interrogation with her through a two-way mirror.
She brought me up to date and showed me pictures of the victim.' Bosco shuddered. 'Pretty gruesome.'
'Yeah, I've seen them. But why did Becky want you o observe the questioning?'
'She wanted my take on Harmon.'
'Were you there when Downes gave Gary his Miranda warnings?'
'No. That must have been earlier. I got the impression that Dennis had been going at Harmon for a while by the time I started watching.'
'Was there anything unusual about the way Gary was responding to Downes?'
'I didn't like the way Dennis conducted the interview.
Not one bit. I even told him to be careful, but he didn't pay any attention to my suggestions.'
'What was the problem?'
Bosco took a sip of coffee and thought carefully about what he was about to say.
'The first thing I noticed was all the leading. You know, asking a question that suggests the answer. I mean, Dennis was feeding him everything. And Harmon would go along with every suggestion. I think he really trusted Dennis and wanted to please him. So, Dennis would ask him a question and Harmon would parrot back the answer Downes had fed him.'
'And you warned Downes about this?'
'During the breaks. Harmon was exhausted by the end and the more tired you are, the more open you are to suggestion. I told that to Dennis, but he and Becky didn't seem to care. They were too excited about cracking the case. In my opinion, most of what Harmon said is worthless. Especially the last third or so of the interview.'
'Why is that?'
'Well, this is only my opinion, but I think Downes induced a trance state and anything Harmon said then, well Bosco shrugged.
'Wait a minute,' Peter said, 'what's a 'trance state'?
F1 Do you mean he was in a trance? Like hypnotized 'He could have been. I think he was.'
'How could that happen? I listened to the tape of the interrogation and I didn't hear Downes saying anything about putting Gary in a trance.'
'He wouldn't have to do it intentionally. Dennis could have hypnotized Harmon without either of them knowing.'
'Explain that to me.'
'Okay. 'Hypnosis' and 'trance' are words that make people think about magicians or Svengali, but hypnotizing; a person isn t all that mysterious.
All you're really doing when you induce a trance is getting a person relaxed and focused enough to block out exterior noises and influences, so they can go into a quiet, inner space.
We all do that when we drop off to sleep at night or when we're so engrossed in a book that we don't hear someone ask us a question, even though they're right next to us.
'If someone is tired and under a lot of stress, like Harmon was that night, they will tend to focus their attention narrowly. 'Dennis helped Harmon along when he told him to shut his eyes and imagine he was watching g events on a movie screen. That's a fairly common technique that hypnotists use when they're trying to intentionally induce a trance.'
'What would be the consequences of Gary being in a trance?'
'The big problem is reliability. If he was in a trance, it would be difficult, if not impossible, to tell what Harmon was really remembering and what he was repeating as a result of Downes's suggestions, or just plain making up. See, a person in a trance is not only wide open to suggestion, they also fantasize in order to please the then, questioner or to fill in gaps in their memory, in order to give the interrogator a complete picture.'
'I'm not certain I understand what you mean about -ate'?
the fantasizing.'
'Okay.Let me give you an example. A month ago, you got up at seven in the morning, you dressed in a the blue suit, a white shirt and a red tie. Then, you ate a :bing breakfast of cornflakes. I hypnotize you and ask you to f tell me what you. did that morning. You remember ev!nnis erything except the color of your tie and what you ate.
hem I tell you to really concentrate, but you still can't remember. So, I help you a little. 'Peter,' I say, 'you usually eat Raisin Bran, don't you? Did you eat Raisin Bran that ake morning?' Now, a person in a trance is likely to say he tiz- ate Raisin Bran in order to please the questioner. He ally knows the questioner wants some answer and seems to re- be happ' with that answer being Raisin Bran, so the y ises person in the trance accommodates those wishes.
'Now, the questioner asks you to think about the tie ce. without making a specific suggestion about color.
or Again, you know an answer is expected, so your sub!or conscious imagines a green tie and fills in the blank with lit that color. By the time you're through, you'll believe the an tie was green, so you will appear to be telling the truth on the witness stand and you will pass a polygraph ,ntest.'
