The Underground Man sw-3

by Parnell Hall

  “Now,” Steve said, “during your deliberation you have the right to ask to have any portions of the testimony read back to you.” Steve picked up a paper from the defense table. “I call your attention to the following exchange:

  “Question: ‘I see. So you searched his room?’ Answer: ‘Yes, I did.’ Question: ‘And did you find any drugs?’ Answer: ‘No, I didn’t.’ Question: ‘And did that make you think maybe the school was wrong?’ Answer: ‘No, because he didn’t have them at home, he had them at school. He was selling drugs out of his locker.’ Question: ‘You know that now because of what the police found in his locker. But you didn’t know it then.’ Answer: ‘Yes, I did.’ Question: ‘How?’”

  Steve Winslow looked up from his reading. “At this point the court reporter has written the word ‘pause.’ You will recall, that was because the witness did not answer. Then the question is repeated: Question: ‘How, Mr. Jenson?’ Answer: ‘I don’t know. I just know.’ Question: ‘How did you know?’ Answer: ‘Well, it stood to reason.’”

  Steve set the transcript down on the table. “It stood to reason,” he said. “And certain things stand to reason here. Carl Jenson admits having searched Jeremy Dawson’s room. Jenson states that at the time he knew Jeremy Dawson was selling drugs out of his locker. When asked how he knows, he becomes evasive and does not answer, finally saying ‘it stood to reason.’ Now, you don’t have to take this from me, you can look at the transcripts yourselves. It’s part of the evidence in this case, and part of what you must consider.

  “And from this, what reasonable hypothesis can I draw? From this I draw the reasonable hypothesis that Carl Jenson knew that Jeremy Dawson was selling drugs from his locker, because after he searched his room and found nothing, he contrived to search Jeremy Dawson’s locker. At which point he would have discovered the drugs.

  “And the gun.

  “If so, why would he keep silent? Why wouldn’t he tell someone? Well, you’ve seen Carl Jenson on the witness stand. You’ve seen his demeanor, you know what kind of person he is. I think we can safely say that Carl Jenson didn’t tell anyone because he was the type of person who felt that information was power. The drugs and the gun were facts he filed away for future reference. He could blow the whistle on Jeremy Dawson, get him in trouble, but it wouldn’t do anything for him.

  “Now, how would Carl Jenson have gotten into Jeremy Dawson’s locker? I put it to you that Jeremy Dawson as the prosecution has sketched him, a flaky crack head, was the type of person who couldn’t trust himself to remember his locker number. He would have it written down someplace. And if he had it written down someplace, it could be discovered by someone who searched his room.

  “Which brings us to the day of the murder. Jeremy Dawson returns home, exchanges heated words with Carl Jenson, goes upstairs, takes off his clothes and takes a shower. Carl Jenson is terribly suspicious. He thinks that Jeremy Dawson has been with Jack Walsh. He wonders what went on between them. Jack Walsh is an eccentric man. He could have done anything. He might have given Jeremy money. Jenson wants to know.

  “While Jeremy Dawson is in the shower, Carl Jenson steals upstairs and searches his clothes. What does he find?”

  Steve strode over and picked it up from the clerk’s table. “He finds this. A handwritten will, executed that very day, leaving the bulk of Jack Walsh’s fortune to Jeremy Dawson.

  “Well, imagine how Carl Jenson must have felt. All of his worst fears had just been confirmed. He had every reason to hate Jack Walsh. He had every reason to hate Jeremy Dawson.

  “I don’t know if he had a plan then. It must have been pretty jumbled in his mind. But one thing he knew for sure. Jeremy Dawson was not going to get away with it.

  “So what did he do? He waited and planned. He put the will back in Jeremy Dawson’s pocket and went downstairs as if nothing had happened. When Jeremy came downstairs, once again he tried to engage him in conversation, tried to get a rise out of him. Well, he got one all right. The immortal words. ‘You be nice to me, Carl, ’cause I’m gonna be rich.’”

  Steve paused and held up his finger. “The last straw. You can imagine the response: ‘Not if I can help it.’

  “Jeremy Dawson leaves. Does Carl Jenson follow him? You bet he does. He’s not letting Jeremy Dawson out of his sight.

  “And what happens? Jeremy Dawson goes and breaks into the high school. Jenson knows why-he’s going to his locker to get drugs. Why doesn’t Jenson think Jeremy’s going there to get the gun?” Steve smiled and spread his hands. “Because no one’s been murdered. So there’s no reason to think Jeremy would be going there for any reason other than the drugs.

  “So Carl’s there and he sees him go in. And he sees something else. He sees Martin Steers see Jeremy Dawson go in.

  “And I would think it was about then that the plan began to form. It was then that Carl Jenson put it all together. The gun in the locker. The witness who saw Jeremy breaking into the high school. The will in Jeremy’s pocket. He put that all together, and suddenly Carl Jenson realized if the gun in Jeremy Dawson’s locker killed Jack Walsh, he would have a perfect frame.

  “And one that solved all his problems. Particularly his problem about the will. Because Carl Jenson was always a schemer. He’d already consulted lawyers about Uncle Jack’s estate, so we can assume he knew all the legal angles. In particular, he would have known that no person convicted of murder can inherit anything from the person he killed. So murdering Jack Walsh and framing Jeremy Dawson would knock out Jeremy’s will and leave Carl free to inherit.

  “So he does it. As soon as Jeremy Dawson comes out of the high school, Carl Jenson goes in the same door. He already has the locker combination from when he searched it before. He opens the locker. The gun is there. He takes it, goes to Manhattan, kills Jack Walsh.

  “How did he know where to find him?” Again, Steve picked up the handwritten will from the court reporter’s table. “From this. From the will Carl Jenson read. It’s right here, and you can look at it yourselves. In it, Jack Walsh not only put the date and the time of the will, but he also wrote down the location where it was written-the 66th Street subway station. Jenson has read the will, so he knows Jack Walsh is hanging out there.

  “But what if he wasn’t there? Well, if he wasn’t, the plan wouldn’t have worked, and Carl Jenson would have had to return the gun to the locker and then think of something else.

  “But he was there. Just where the will said he’d be. He was there, and Carl Jenson found him and walked up to him and he shot him.

  “And what did he do then? Well, at that point he had a problem. He had to put the gun back in Jeremy Dawson’s locker so it would convict him of the crime.”

  Steve stopped and shook his head. “But that was a little much. Even for Jeremy Dawson. Even for Carl Jenson’s opinion of Jeremy Dawson. He found that hard to swallow. Just as the prosecution found it hard to swallow. Just as you’re probably finding it hard to swallow now. I mean, come on, the guy’s so stupid he puts the murder weapon back in his own locker?

  “But that was the premise under which Carl Jenson had to operate. The gun had to be found in Jeremy Dawson’s locker to link Jeremy Dawson to the crime. How could he do that without making it seem such a clumsy, obvious frame?

  “And what is the answer? He set the body on fire. He set the body on fire so it would appear Jeremy Dawson set the body on fire in an attempt to disguise the crime. So the prosecution would have reason to argue, as it is arguing now, that Jeremy Dawson could logically have kept the gun, because he expected the crime would be written off as a wilding incident, and the fatal bullet never discovered.”

  Steve shook his head. “Well, that’s mighty thin. But the prosecution’s arguing it. I’m sure they’re not happy about it, but they’re arguing it. They’re arguing it because they have to. Because it’s the only grounds on which they can support their theory that Jeremy Dawson killed Jack Walsh. Because if that doesn’t hold water, neither does their whole theor
y. Which shows you what a weak case they actually have.”

  Steve paused and looked at the jury. “I want you to think about that for a moment. I want you to think about the prosecution’s case. I want you to think about the fact that they’ve been forced to argue that Jeremy Dawson burned the body so he could keep the gun. I want you to realize that that is the weakest part of their case, the part they would be most eager to build up and support. And I want you to consider that they have not done so. That they have, in my opinion, sluffed the matter off.”

  Steve paused, shrugged. “Now, you can say the matter is debatable. The prosecution says one thing, I say another thing, so we have a dispute.”

  Steve paused again and raised his finger. “But there is one fact in this case on which there is no dispute. One fact on which all the witnesses agree. And that fact is this: whatever else may have happened, on February 26th and February 27th, the defendant, Jeremy Dawson, had green hair.”

  Steve waved his finger. “Green hair. A green mohawk. That fact is indisputable. On that, all the witnesses agree.

  “And now, I ask you to consider this. We know the prosecution was attempting to shore up the one weak point in its case, the point that Jeremy Dawson burned the body. The prosecution and the police, with their extensive manpower, have been conducting an exhaustive search to uncover evidence connecting Jeremy Dawson to the crime. You’ve seen for yourself the results of their work in locating Martin Steers, who saw Jeremy breaking into the high school.

  “But there is one thing you haven’t seen. Which is why I ask you this: with all the publicity surrounding this case, with all the efforts of the police department to uncover information pinning the crime on Jeremy Dawson, and with the prosecution so desperate to prove that Jeremy Dawson burned the body-” Steve raised his voice, “-is it conceivable, is it remotely possible, is there any chance whatsoever-” Steve paused, and then hammered it in: “-that on February 26th a service station attendant sold a can of gasoline to a boy with green hair, and the police haven’t found him?”

  Steve paused. Some of the jurors blinked. Some looked at each other.

  Steve nodded. “Yeah. Pretty incredible. If a service station attendant had sold a can of gasoline to a boy with green hair, he’d remember it. And with all the publicity surrounding this case, he’d hear about it, and he’d come forward. And even if, by some far stretch of the imagination, he didn’t hear about it, the police would still find him.

  “But they haven’t found him, have they?” Steve said. “We know that because if they had, he’d have been the star witness for the prosecution, the most damning witness of all, the one who clinched the case. But they haven’t found him. And they can’t find him, and they won’t find him, because he doesn’t exist. Because Jeremy Dawson didn’t buy a gallon can of gasoline on February 26th. And Jeremy Dawson didn’t set the body on fire.

  “And if he didn’t do that, he didn’t fire the fatal shot, because by the prosecution’s own argument, if, and only if, he set the body on fire, would he have fired the fatal shot and then kept the gun.”

  Steve shook his head. “Not possible. Couldn’t have happened.

  “And now consider this: if a straight businessman in a suit and tie, a man like Carl Jenson whom you have just seen on the witness stand, were to walk into a filling station looking somewhat hassled and say, ‘My car just ran out of gas on the highway, can you sell me a gallon can?’ would the filling station attendant think anything of it and even remember it? You know and I know he would not.”

  Steve looked around and shrugged. “You see why I put on no case. The evidence as it is is overwhelming. Jeremy Dawson could not have committed the crime. Carl Jenson could.

  “As you review the evidence in this case, I want you to remember what I told you at the start. It is a case of circumstantial evidence. In such a case, for the prosecution to get a conviction, it is necessary that the circumstances point only to the guilt of the defendant, and are not open to any other reasonable interpretation. I ask you to look carefully at the evidence, examine it, consider what it means.

  “And then weigh it.

  “And when you do, remember this: it is not necessary for the defense to tip the scale. We don’t have to make the stronger case. I personally believe there is more evidence in this case that Carl Jenson committed the murder than that my client did. But you don’t have to agree with that to bring in a verdict of not guilty. It is not necessary that you consider it more likely that Carl Jenson committed the crime. It is only necessary that you consider it possible. Any reasonable hypothesis other than that of guilt. If you believe it possible that Carl Jenson committed the crime, you must give the defendant the benefit of that reasonable doubt, and return a verdict of not guilty.

  “Ladies and gentlemen of the jury, your task is clear. I leave you to you sworn duty.”

  Steve smiled at the somewhat dazed looking jurors, bowed and sat down.

  It took the jury two and a half days to bring back a verdict of not guilty.

  44

  Mark Taylor came in grinning like a Cheshire cat, flopped into the overstuffed chair and said, “Heard the news?”

  Steve Winslow looked up from the stack of law books on his desk. In the two weeks since the verdict he had been boning up for the will contest, a task for which he was admittedly not well suited, and one which he did not particularly enjoy. Thus he was not in the best of moods, and he frowned at the interruption. “No,” he said. “What?”

  “The grand jury just indicted Carl Jenson for the murder of Jack Walsh.”

  Steve set down the book. “You’re kidding me.”

  “No. Got it straight from the horse’s mouth.”

  Steve chuckled, shook his head. “Son of a gun.”

  “I thought that might interest you.”

  “I’ll say. So what’s the case against him?”

  “I don’t know all the details, but apparently they got a fingerprint from Jeremy Dawson’s locker.”

  Steve grinned. “You’re kidding.”

  “No. And the damaging thing about it is it’s from the inside of the locker.”

  “Holy shit.”

  “Yeah,” Taylor said. “Only thing is, when you think about it it’s kind of like the argument you made for Jeremy Dawson. I mean, Jenson’s got to be the stupidest murderer ever lived, not thinking about fingerprints when he swiped the gun.”

  Steve considered that. “Maybe not.”

  “What do you mean?”

  “Well, if that’s true, it’s like I said in court. If Jenson knew the gun was there, it’s ’cause he searched the locker back when Jeremy was suspended from school. The irony is, he probably left the fingerprint back then.”

  “Yeah, well either way, it fries his ass.”

  Steve chuckled, shook his head. “Son of a bitch.” He jerked his thumb. “You tell Tracy?”

  “Yeah.”

  “How’d she take it?”

  “What do you think? She was pretty surprised. Why?”

  “She’s been giving me a hard time the past two weeks, ever since the verdict. She thinks I pulled a fast one getting Jeremy Dawson off. She thought I sold the jury a bill of goods.”

  “Yeah, well frankly so did I,” Taylor said. He shrugged. “Only thing is, it don’t bother me none. Personally, I thought it was damn fine work. You’re telling me she’s bent out of shape?”

  “Pissed as hell,” Steve said. “So this has got to be a bit of a jolt. I’m surprised she didn’t follow you in.”

  “Mail came,” Taylor said. “I left her dealing with that.”

  “Yeah,” Steve said. He indicated the law books. “Life goes on.”

  “How’s it going?”

  “The will contest? Not good. Frankly, I expect to lose.”

  “Oh yeah?”

  “Yeah. I’m going through the motions, but I think it’s a lost hope. Not that I’m losing any sleep over it. It’s not like Jeremy’s losing everything. Even if the will doesn’t st
and up, he still gets a fifth.”

  “Yeah, but do you get a fee?”

  Steve shook his head. “Not on the will contest. I can’t see taking a percentage for losing. But I’ll sure as hell take a fee for the murder rap.”

  “Glad to hear it,” Taylor said. “I’m running a tab for you, but I hate to charge you when you haven’t been paid.”

  “Don’t sweat it, Mark. Turn in your bills. The money will be there.”

  “So tell me about Jenson. Is the fingerprint all they got?”

  “It’s all I know they got. They probably got something else.”

  Steve pursed his lips. “It’s interesting, when you think about it. Dirkson may have a bit of a problem.”

  “What’s that?”

  “On the question of identity. If you’ll recall, the only way they identified the body was on the testimony of Carl Jenson.”

  “Say. That’s right.”

  “But that may not matter.”

  “Why not?”

  Steve grinned. “Because when the relatives think it over and realize they can get a larger slice of the pie if Jenson’s convicted, plus they can’t inherit at all unless the body is Jack Walsh, whaddya want to bet at least one of them also happens to remember that old whiffleball accident when Uncle Jack hurt his leg?”

  Taylor laughed. “No takers. I’m sure they will.”

  “Still, Dirkson can’t be all that happy about it.”

  “Yeah, well there’s one thing that’s gotta make him ecstatic.”

  “What’s that?”

  “You’re not Jenson’s lawyer.” Taylor chuckled. “Jesus Christ, I still can’t get over that summation. I mean, it was like you were tellin’ the jurors black was white and making it sound logical. I never seen a jury quite so dazed.

  “And Dirkson. Hell, you see the look on Dirkson’s face when you sat down?”