'Aspirated blood from Jablonski's lungs. A shot to the body frequently causes people to cough up blood. If Jablonski turned his head toward the armoire after he was shot in the body, he could have coughed blood on the armoire before collapsing onto the high-velocity spatter from the head wound. Aspirated blood can resemble high- velocity spray.'
A thought occurred to Quinn. 'Is there a difference between blood that is sprayed from a head wound and aspirated blood from the lungs?'
'You mean, could we test the blood on the armoire to see if it is aspirated blood?'
'Exacdy.'
'Not anymore. If the blood on the armoire was tested shortly after the crime, it's possible that amylase, an enzyme from saliva, could have been detected. Amalyse could have been caught up in the blood when Jablonski coughed. But amalyse breaks down and becomes undetectable in a week or two, depending on the temperature and humidity in a room. Additionally, amalyse is not always found in aspirated blood, or it may go undetected because it's below the detection limit of the test that's used. Even if Gary had tested the blood on the armoire as soon as he caught on to its possible significance, I doubt that it would have told him anything.'
'So there's no way to tell if the blood on the side of the armoire is aspirated blood or high-velocity spatter.'
'Correct.'
'And there's no way to say for certain where Ellen Crease was when she shot Martin Jablonski.'
'Also correct.'
Quinn's shoulders sagged. He was hoping that Baylor would debunk Yoshida's analysis. All he had done was confuse the situation.
[2]
Quinn's head was pounding by the time he arrived at his chambers. If Baylor had told him that the blood spatter evidence proved that Ellen Crease was a liar, Quinn would have let the trial run its course. But Baylor could not say that the shooting of Martin Jablonski had not occurred exactly as Crease described it.
Quinn gave the exhibits to Fran Stuart and instructed her to hold all of his calls. He reviewed the memos on the law of search and seizure and the rules of evidence filed by the parties. From what he could determine, the blood spatter evidence was the key to the State's case. If Quinn granted all of Garrett's motions, the only evidence left in the case would be Jablonski's history as a burglar who resorted to violence and the indisputable fact that Jablonski had broken into the Hoyt mansion and shot Lamar Hoyt. If this was the way that the evidence stood when the State rested, any judge would have to grant a motion for judgment of acquittal to the defense.
Quinn rested his head in his hands. He had slept little the night before and he was exhausted and not thinking clearly. He needed to rest, he wanted time to think out his course of action, but court was scheduled to convene in five minutes.
When Quinn looked up, he saw Lincoln's framed quote on his wall. Lincoln's counsel to do one's best while trying to do what was right had helped him reach his decision to impose a prison sentence on Frederick Gideon when everyone expected him to grant the judge probation. Doing the right thing was the centerpiece of Quinn's personal philosophy. It was something you did regardless of the consequences. Sometimes doing the right thing required courage. Quinn had not been courageous on St. Jerome. He did not report Andrea's murder to the authorities for selfish reasons. While his cowardice protected him, it helped Andrea's killer get away with murder. Now he wanted Quinn to help him destroy another life. Quinn decided that he was not going to do that. This afternoon he would act with the courage he had not shown on St. Jerome.
'Before I rule on these motions, I want to thank counsel on both sides for their excellent briefs and oral argument. They have been of great assistance to me in framing and resolving some difficult issues.'
Quinn paused. Cedric Riker leaned back, looking as if he did not have a care in the world. He was so self- centered that he could not conceive of losing a motion. When he did lose, he always found someone else to blame. Mary Garrett shifted nervously on her chair. She was self-confident, but she had none of Riker's egomania to blind her to the fact that the questions were close. Ellen Crease watched Quinn with cool detachment.
'I'll start with the most complex question. Did the search of the defendant's bedroom violate the Oregon and United States Constitutions? The burden is on the State to prove that the search was legal because the search was conducted without a warrant. Warrandess searches are presumed to be illegal, unless the State cifi show the existence of an exception to the warrant requirements of the Oregon and United States Constitutions.
'Mr. Riker has argued that exigent circumstances excused Detective Anthony and Officer Yoshida from obtaining a warrant. I do not find this argument convincing. Officer Yoshida gave no scientific opinion as to why waiting a few hours while a warrant was obtained would make it any more likely that the blood spatter would be degraded or destroyed. After all, it had been over a week since the crime scene was created. True, the cleaners would have destroyed the evidence, but they were not scheduled to appear until the next day. Additionally, Detective Anthony and Officer Yoshida did not know that the cleaners were coming until after the decision was made to go to the estate without a warrant.'
Garrett leaned forward, hanging on Quinn's every word.
'The State argues that James Allen gave a valid consent to the police to enter the bedroom. I find that Mr. Allen did not have real authority to do that. He and the police were both aware that Senator Crease had specifically instructed Allen to keep everyone except the cleaning crew out of the bedroom.
'However, I do find that James Allen did have apparent authority to open the locked bedroom for the police. He was the housekeeper. He had the keys to the room. Detective Anthony could reasonably assume that the person left in charge of the house by Senator Crease could let him and Officer Yoshida into the bedroom if he wished to let them in and there was a valid reason to do so.'
Garrett's shoulders sagged and Riker smiled.
'Despite my finding that James Allen had the apparent authority to consent to a search of Senator Crease s bedroom, I must still suppress the evidence obtained during the search.'
Riker shot up in his chair. He looked stunned. Garrett looked like she could not believe what she was hearing.
'I find that Detective Anthony intentionally coerced Mr. Allen into opening the bedroom after he had been told unequivocally by Mr. Allen that he was under instructions from his employer to keep everyone but the cleaning crew out of the bedroom. I hold that Detective Anthony was not credible when he testified that he did not intentionally coerce Mr. Allen into giving consent.'
Riker was on his feet. 'Your Honor,' he started, but Quinn cut him off.
'The time for argument is over, Mr. Riker. Please sit down.'
Riker collapsed onto his chair.
'As to the other motions, I have read the briefs submitted by the parties and I have examined the affidavits submitted by the State detailing what Conchita Jablonski and Karen Fargo would testify to if called as witnesses. I will not allow Conchita Jablonski to testify to anything her husband told her concerning how he came by the money that was found in the Jablonski apartment. That is pure hearsay.
'Similarly, I am excluding any statements that Lamar Hoyt may have made to Karen Fargo about the state of his marriage and his desire to leave his wife for her on the grounds that they, too, are hearsay.'
Riker could only gape at the judge. His case against Ellen Crease was being destroyed beyond repair.
'Finally, I will allow the defense to introduce evidence concerning Mr. Jablonski's criminal background to support its position that he was acting as a burglar on the evening of the shooting.
'I'll prepare the order,' Quinn said as he stood. 'Mr. Riker, you have thirty days to decide if you want to appeal my order to the court of appeals. Court is adjourned.'
As soon as Quinn left the bench, Cedric Riker streaked out of the courtroom with his assistants in tow and Ryan Clark headed down the hall to the pay phones to let Benjamin Gage in on the bad news. James Allen stayed seated. He watched Mary Garrett and Ellen Crease discuss the outcome of the case at their table. Allen looked grim and undecided. After a moment's more thought he mixed with the spectators and left the room.
'What does this mean?' Ellen Crease asked her lawyer.
'It means we won everything,' Garrett told her as the enormity of Quinn's ruling dawned on her. 'He suppressed everything Riker can use to convict you. He left him with nothing.'
Garrett hoisted her attache case and they headed out of the courtroom.
'You sound surprised.'
