“
Wednesday, 19 August 2009 — 9:10
Jerry Cole had never really amounted to much. At forty years of age, he was a lean, nondescript figure of average height and receding hairline. Such hair as he had was greased back, not in a stylish nineteen fifties style, but more in the manner of a lazy man who doesn’t want the bother of unruly hair and who uses grease as the easiest option for keeping it in place.
He had been working at the forensic science laboratory in Ventura County for half his life and all he had to show for it was a rented roof over his head. He didn’t own a car and didn’t even know how to drive. He was, according to everyone who knew him, feckless and barely capable of doing anything other than by rote. His job title was “Lab Technician,” but this could just as easily have been translated as Gopher. Unlike other younger technicians at the lab, he was never sent on courses that could improve his job skills because it was widely assumed that he lacked the aptitude for them
When he asked about this, he was told that the others were younger and thus “age-qualified” for courses that were designed to enable young people with ambition and initiative to progress. When he pleaded with them that he too wanted to progress. they told him that because of his low SATs and his poor results in the psychometric tests that he wasn’t eligible. He had felt bitter at the time, but too passive to do anything about it. Now he had come to accept it.
Most of the time he worked in the Forensic Alcohol Section, but occasionally he had to run errands for the Toxicology or Controlled Substance sections. Never for the DNA Section. But he knew how they worked and at times it could get chaotic. In fact the lab was chaotic. That was why he didn’t always remember to do things he was supposed to, you see, not because he was lazy or incompetent.
But his bosses didn’t always see things that way. That was why today he had been summoned by the Forensic Alcohol Supervisor, the head of his administrative section.
“You remember a month ago, you received an official caution about using a stale batch of testing solution?”
Cole remembered the incident very well. He had been acting under intense pressure in a busy lab and had grabbed the nearest batch of made-up testing solution. What he hadn’t realized was that it was an old solution that another technician had been using and was about to throw away. It could have been disastrous if he had used it because he was running tests on real-crime samples. Fortunately the other technician had spotted it just in time and intervened.
“Yes sir, but I’m more careful now. I always make sure it’s a fresh batch.”
“Well that isn’t exactly true now is it Mr. Cole.”
Jerry Cole’s face flushed.
“I don’t know what you mean sir.”
“You know that every three months, the Department of Health Services sends blood samples spiked with alcohol to verify that facilities such as the crime lab are getting accurate results?”
“Yes sir.”
In fact he didn’t know anything of the kind. But he was afraid to admit it. Also, he sensed where this was going.
“Well they did such a test last week and we have the results back. I’m sorry to have to inform you that you failed the test.”
“What… me personally?”
“Yes Mr. Cole. The samples were coded and the other technicians passed. You were the only one who failed.”
“I must have been under pressure sir, otherwise — ”
“It’s the same pressure for everyone Mr. Cole. You were the only one who failed and this was on top of your mistake a month ago with a live batch. You were given an official written warning then, so I’m afraid there can be no further warnings. We’re going to have to let you go.”
“But this isn’t fair sir.”
“It complies with the labor laws and I’m afraid the decision is final. Here is your written notice, effective immediately. We’re giving you one month’s pay in lieu of notice, plus lay-off pay for twenty years service which should see you through until you find a new job. Also you’re entitled to three weeks holiday and again we’ve given you pay in lieu of that. I’ll send a member of security to help you clear out your locker.”
Fifteen minutes later, Jerry Cole was on the streets and unemployed.
Wednesday, 19 August 2009 — 10:15
On the third day of the trial, the tension in court was even greater than the day before, as the judge took his place his place. This was to be the first time the defense had a crack at the accuser. Claymore was sitting at the defense table uncomfortably, the fear visible in his eyes.
Andi realized that while Sarah Jensen had acted wisely from the point of view of courtroom tactics, she had been less than kind to Bethel personally. For Bethel had had to go sleep last night knowing that the following day she would be subjected to a thorough and rigorous cross-examination.
But Andi realized that perhaps she was projecting her own discomfort that had left her tossing and turning in an almost sleepless night at the hotel last night. And to make it worse, she didn’t even have the comfort of Gene to hold her and reassure her. When she finally woke up — late — she felt as if she hadn’t slept at all.
After the Court was called into session, the judge looked up at the defense table and told Alex that he could begin his cross-examination. Andi thereupon rose and said:
“Your Honor, I will be cross-examining Miss Newton.”
Claymore tensed up when he heard this. Andi realized that Alex hadn’t warned him about the change of plan. Sarah Jensen rose from her seat.
“Your Honor I object. Lead counsel began the cross-examination yesterday. Absent a compelling reason, it would be quite improper for co-counsel to take over in the middle.”
Andi well knew why Sarah Jensen was objecting. A cross-examination of an alleged rape victim by a
Justice Wagner hesitated for a moment.
“No I think I’m going to allow it. Cross-examination barely started yesterday. And the defendant has the right to have his defense handled according to the best judgment of his counsel.
Sarah Jensen sat down reluctantly. Andi gave her a knowing look and then returned her attention to Bethel Newton.
“Miss Newton, would it be correct to say that when you got into the car, you didn’t know the man who’s car you were getting into.”
“Yes.”
Weakly.
“In other words you were getting into a stranger’s car?”
“Yes.”
“And were you not aware of the danger to which you were exposing yourself?”
“I know that it isn’t all that smart to hitch a ride, but I didn’t have a choice.”
“Are you saying that he forced you into his car?”
“No. But my car had broken down and I couldn’t use my cell phone. It had a flat battery — the phone, I mean.”
