C61 guess he did.'
'He had no idea who they were?'
Downes scanned the page, then agreed.
'He did not say the man was killing the woman?'
'No.
'Not until you started this business about the subconscious mind.'
Downes did not answer.
'In fact, it took you a long time to convince Gary that he had seen Sandra Whiley in the park.'
'I didn't convince him of anything. 'Oh, didn't you? Look at number five. What is Mr. Harmon's response when you tell him 'There's a good chance that you saw Sandy and her killer when you walked by Wishing Well Park'?'
Downes scanned the page until he found the question and answer.
'He said, 'All I see is them two hugging,'' Downes answered reluctantly.
'And at nine, when you tell him to relax and let it come, doesn't Mr. Harmon tell you, 'It's no good, I didn't see anything new'?'
'Yes.'
',Amd at ten, what does Mr. Harmon tell you when you ask, 'Is it Sandy?'?'He says, 'I can't say for sure.'
'That's right. Now, you had Mr. Harmon believing he was some kind of detective, didn't you?'
'What do you mean?'
'Look again at ten. I'm quoting. 'You know, Gary, you might be a natural at this stuff.' And Gary says, 'I just want to get this guy.' He thinks he's helping the police, doesn't he?'
'Or foolig the police.'
'He figured that out with an IQ of sixty-five?'
'Objection,' O'Shay said. 'Sergeant Downes has no way of knowing what was going on in the defendant 2s head during this interview.'
'Sustained,' Judge Kuffel said.
'Very well, Your Honor,' Peter answered. 'Sergeant Downes, isn't it true that you told Mr. Harmon to guess at what happened in the park?'
'They were pretty good guesses. 'Oh, really? Like the guesses about where the blows fell on Miss Whiley's head?'
'That was accurate.'
'It was?'
'Yes, sit. He described right where the wounds were.'
'Let's look at twenty-two. Read that to the jury, if you please, starting at line thirteen.'
'I said, 'Let it flow, Gary. First hit. Where was it?' and he said, 'Top of the head,' which is where the first hit was.'
'Go on.'
'I said, 'This is great. Then what?' and he started swinging his arm and said, 'Another to the right side.
And another.'
'
'Sto there, Sergeant. You are aware, are you not, p that Dr. Guisti testified that the killer struck his blows to the left side of Miss Whiley's head?'
'Yes, but..
'Yes or no?'
'Yes Peter did not let the jury see how elated he felt. If he could convince the jurors that Downes had taken advantage of Gary's low intelligence to trick him, he would destroy a major part of the state's case.
'When you questioned Mr. Harmon, did he appear sleepy to you?'
'We were both tired by the end.'
'How long did the interrogation last?'
'About seven hours from the time we got him to the station house.'
'So, there are two hours of interrogation that are not on the tape?'
'Yes.
'It was during that part of the interrogation that you had Officer Robert Patrick play a little trick on Mr. Harmon, wasn't it?'
'I don't understand the question.'
'What is a black light, Sergeant?'
Downes colored. 'A, uh, black light is like a flashlight, but it shoots out an ultraviolet light beam.'
'Did you have Officer Patrick dust a Coke can with an invisible powder that shows up orange under ultraviolet light?'
'Yes.'
'After Gary handled the can, did Officer Patrick, on your orders, shine the black light on Gary's hands?'
'Yes,' Downes answered uncomfortably.
'Did officer Patrick then tell this young man, who has an IQ of sixty-five, that the orange splotches on his hands were the blood of Sandra Whiley?'
Yes.
'That was a lie, wasn't it?'
Downes looked as if he was going to say something else at first, but ended by simply agreeing.
'Where did you learn your 'projection transfer' technique, Sergeant?'
'Nowhere,' Downes answered proudly. 'I made it UP.'
'Made it up?' Peter responded incredulously.
'Yes, sir.'
'Are you aware that the technique you used on Mr. is Harmon i identical to the technique used by hypnotists to in duce a trance?'
'Objection,' O'Shay said. 'That question assumes facts that are not in evidence.'
'We intend to offer such evidence, Your Honor,' Peter told the judge.
'Very well. With that assurance, I will order the witness to answer.'
'I don't know what technique a hypnotist would use, Mr. Hale.'
'Whether you knew or not, isn't it true that you led Mr. Harmon to give those answers that you wanted to hear?'
'No, sir. That's not true.'
'Look at Marker seventeen. Don't you suggest that the man and woman Mr. Harmon said he saw kissing in the park might be doing something other than kissing, despite the fact that Mr. Harmon told you several times that was the activity in which they were involved?'
suggested that they would not have been kissing if the couple was Whiley and her killer.'
'Thus planting that suggestion in a mind susceptible LEM to suggestion both because of Mr. Harmon's fatigue and IQ.'
'Objection,' O'Shay said. 'Mr. Hate is making a speech.'
ASJ 'Sustained. Save the oratory for closing, Mr. Hale.'
'Sergeant Downes, did you not lead Mr. Harmon to say that the man he saw in the park was holding a weapon after Mr. Harmon repeatedly told you that he had not seen a weapon in the man's hand?'
'Gary brought up the hatchet.'
'Look at marker twenty-nine. Read the top few lines on that page, please.'
'I ask, 'Did you see anything shiny, Gary? It would probably have been right then. In that split second.' And he says, 'Shiny?' and I say ..
'Stop there. You were the first person to mention the word 'shiny,' weren't you?'
'Yes,' Downes said, after a moment's hesitation.
'And it is you who mentioned that the weapon wou probably be in the killer's right hand?'
Downes read the page, stopping to reread one sentence.
'I ... I may have mentioned that first.'
