cents.'
'Thank you very much,' said Lieutenant Colombo.
Following the midafternoon break, Jaywalker began his cross-examination of Riley where Firestone had ended his redirect.
JAYWALKER: Four hundred and ninety-two dollars and seventy-five cents, huh?
RILEY: Yeah.
JAYWALKER: Not all of that was for drinks the defendant had, was it?
RILEY: No. Like I said, there was five of them at the table. So all you got to do is divide it by five.
JAYWALKER: So all five of them were drinking?
RILEY: Yup.
JAYWALKER: And I see there's some food items included on the bill?
RILEY: Right.
JAYWALKER: And some tax?
RILEY: Got to give the governor his cut.
JAYWALKER: Right. Now these fifteen-dollar shots of tequila. Toward the end, were you watering them down just a bit? You know, to keep folks from getting drunk?
RILEY: No way. I couldn't have, even if I'd wanted to. It would have made them look lighter.
JAYWALKER: So you can only get away with that if they're drinking gin or vodka. Right?
RILEY: Right.
JAYWALKER: And you've done that once or twice in your thirty-six years of bartending. Haven't you?
RILEY: No.
JAYWALKER: Never?
RILEY: Well, maybe once or twice.
JAYWALKER: But that's impossible to do with an amber-colored drink.
RILEY: Right.
JAYWALKER: Unless, of course, you were to add a drop or two of caramel food coloring along with the water. Right?
RILEY: I suppose so.
JAYWALKER: That's the stuff that gives Cokes and
Pepsis and root beer and all sorts of other drinks their nice amber color. Right?
RILEY: I guess so.
JAYWALKER: Tell me. Do you by any chance keep a little caramel food coloring behind the bar?
RILEY: Yes.
Jaywalker hadn't just gotten lucky there. He'd worked his way through law school tending bar, out in Ann Arbor. He knew all the dirty little tricks. Including telling the State Liquor Authority inspectors that the stuff was for making the soda coming out of the tap look darker when there wasn't quite enough syrup in the mix.
JAYWALKER: And these Jagermeisters on the bill. I assume they were ordered after my client had already left?
RILEY: Right.
JAYWALKER: You saw him leave, as a matter of fact. Didn't you?
RILEY: Yup.
JAYWALKER: He didn't stagger out, did he?
RILEY: Nope.
JAYWALKER: Didn't fall down?
RILEY: Nope.
JAYWALKER: Didn't require assistance?
RILEY: Nope.
JAYWALKER: And you never cut him off, did you?
RILEY: Cut him off? Well, I made him call for a ride.
JAYWALKER: But you never refused to serve him?
RILEY: No.
JAYWALKER: You would have done so if you thought he was intoxicated, wouldn't you?
It was one of those win-win questions Jaywalker loved so much. The law prohibited a bartender from serving an intoxicated person. So either Riley would have to admit committing a crime that made him complicit in nine deaths, or he'd have to vouch for the defendant's sobriety. Firestone saw the trap immediately, and was on his feet objecting.
THE COURT: Overruled.
JAYWALKER: Wouldn't you have cut him off?
RILEY: Yes.
JAYWALKER: Do you remember Mr. Firestone asking you about an hour ago for your opinion, based upon your thirty-six years of experience as a bartender, whether my client was intoxicated or not? Do you remember that?
RILEY: Yes.
JAYWALKER: And you said yes?
RILEY: Well…
JAYWALKER: Well? Did you say yes, in your opinion he was intoxicated?
RILEY: Yes.
JAYWALKER: Was that a lie?
RILEY: No, it was…
JAYWALKER: I'm sorry, I couldn't hear you.
RILEY: I'm not sure what it was. I was confused.
JAYWALKER: But whatever it was, it wasn't the truth. Was it?
RILEY: No, not exactly.
JAYWALKER: As you observed my client back on May 27 of last year, it was actually your opinion that he wasn't intoxicated. Right?
RILEY: Right.
JAYWALKER: No question about that?
RILEY: No question about that.
God, how Jaywalker hated himself at times like this. He had every reason to believe that Carter Drake had not only been drunk, but had been obviously drunk. Riley had seen that and known it. His making Drake call for a ride proved it. Yet he'd continued to serve him. Abe Firestone had tried to do everything in his power to allay Riley's fear of what might happen to him if he admitted the inconsistency. First he'd immunized Riley from prosecution by putting him into the grand jury and having him testify without requiring a waiver of immunity from him. That meant Riley could never be prosecuted for what he'd done, never. Then he'd no doubt given Riley all sorts of assurances that he was safe, no matter what he were to say at the trial. Finally he'd popped the question, and Riley had passed the first test by saying yes, in his opinion Drake had been intoxicated. So far, so good. But as soon as Jaywalker had zeroed in on the implications of that opinion, that the bartender had continued to serve an intoxicated person, Riley had caved and said no, that hadn't been true.
Mothers, Jaywalker had said more than once, don't raise your sons to be prosecutors. But if you must, at least teach them to know that their witnesses will screw up every time they're backed into a corner and accused of breaking the law.
Now Jaywalker had to nail things down a bit.
JAYWALKER: Tell me, Mr. Riley. Did you consult with a lawyer in connection with this case?
RILEY: Yes. My manager provided a lawyer for me.
JAYWALKER: Did it ever occur to you that that lawyer might have a conflict of interest?
RILEY: What do you mean?
JAYWALKER: I mean that he might have been more concerned about protecting the business and its liquor license than protecting you.
RILEY: That's possible, I guess.
