“Now, Sergeant, what is your role at these crime scenes?”
“My team of three officers and I search the general area for physical evidence that might be related to the crime. We collect as evidence anything of interest. We also photograph the victim and the scene to try and create a record of everything at the scene as it was when we found it.”
Though a bit unusual, since murder trials often began with forensic and medical evidence, Hardy thought Stier’s decision to call Faro first was a good bit of strategy. This would put evidence at the crime scenes into the trial at the outset, potentially rebutting Hardy’s contention in his opening statement that there was little or no physical evidence tying Maya to the murders. It was also a prime opportunity to get pictures of the victims in front of the jury—real human beings who’d been murdered.
“Sergeant, were you present at the scene of Dylan Vogler’s murder?”
“Yes, sir.”
“And would you tell the jury how you proceeded?”
“Sure.” Faro, the consummate witness, nodded and came forward in the witness chair, turning slightly to be facing the jury. “I arrived at a few minutes before eight with three other crime-scene technicians.”
“Would you describe the scene as you found it?”
“It was a Saturday morning, nice day, and patrolmen from the local precinct had already cordoned off the site with police tape. Their lieutenant, Bill Banks, was also at the scene.”
“Did it appear that officers had appropriately preserved the scene so that you could begin your investigation?”
“Yes, it did.”
“Describe, please, the body of the victim.”
“Mr. Vogler’s body was lying on the ground in a paved alley by the back door of his business. He showed signs of a gunshot wound in the chest.”
“Showing you People’s One through Six, do these appear to be photographs accurately depicting Mr. Vogler’s body in the alley as you first saw it?”
“Yes, they do.”
“After the scene was photographed, did you conduct a search of the alley to determine what, if any, evidence might be present at the scene?”
“Yes, I did.”
Hardy knew that, in fact, all four crime techs had searched the alley. But if any of the other three located something, they would call Faro over without touching it, and he would photograph and collect the evidence. That way, Faro could testify to finding each piece of evidence without needing to have the other three come to court. “Among other debris, I found one .40-caliber brass bullet casing and a .40-caliber Glock semiautomatic handgun.”
Stier went through the same process of authenticating and introducing the photos of the items as they were found at the scene. Then he went to his counsel table and retrieved two evidence containers that held the items. He had them marked as People’s Exhibits and showed them to Faro. “Now, Sergeant, do you recognize these?”
“Yes, I do.”
“Please tell the jury what they are.”
This allowed Faro to repeat for the third time—in case one of the jury members was actually so dense that they’d missed it the first two times—his account of finding the gun and the casing in the alley. Whatever else Stier might be, he was professional and methodical. He went through the same process having Faro describe where and how he found the bullet in the stucco wall. Photos of the bullet hole and the projectile itself went into evidence.
For the next twenty minutes they went over all of the things Faro had not found in the alley, although he had looked for them. No other casings, no other weapons, no other bullet strikes on any of the walls or surfaces. No signs of blood, no footprints. Absolutely nothing out of the ordinary in that alley. He even described, though they did not physically produce, the bag of garbage they packaged up for later examination at the lab—the Coke cans, cigarette butts, and, not surprisingly, about a dozen coffee cups.
Having finished the crime scene, Stier moved on to work Faro had done at the lab. As well as working at crime scenes Faro wore a second hat as a firearms examiner in the lab. Stier went through his extensive training and experience and qualified him as an expert, and then led him through the process of comparing the bullet from the wall to the gun—test-firing the weapon and comparing the known bullet microscopically to the bullet in evidence.
As Hardy knew he would, he said that although the bullets appeared similar in class characteristics and likely came from the same sort of gun, there were insufficient details on the recovered slug to say with absolute certainty that it had come from the gun in the alley.
Stier knew that this was not his strongest point, and he moved to buttress it. “Tell the jury, please, what tests, if any, you ran on the spent casing, and what results you got.”
“The brass casing is part of a round of ammunition used in the .40-caliber Glock. The marks on the base of the casing—caused by the weapon’s firing mechanism—were consistent with other markings we could create on other bullet casings fired from the same weapon.”
“Does that mean the casing necessarily came from the weapon found in the alley?”
“No. Like the bullet, it came from a Glock .40, but I can’t say with certainty it was that same Glock .40.”
“But of course, Sergeant, you found no other bullets or casings in that alley, correct?”
“Right.”
Hardy knew that this was a repetitive and therefore objectionable question, but that objecting would only draw more attention to something he hoped the jury would not focus on. So he let it go.
Stier saved the best for last. “Sergeant, is there a database that firearms examiners can access to determine ownership of a handgun?”
Hardy knew that this was gilding the lily—any cop could access this database. Even a clerk could access the database. Stier’s question suggested that this was some sort of secret database and that you had to be a member of a club to look at it. But there was nothing Hardy could do about it. Once again, he had to tip his hat to Stier for knowing his business.
“Yes, there is a database. The gun had a registration number, and I ran that.”
With a brightness implying that this was all new to him, Stier glanced over the jury, sharing with them his enthusiasm for the hunt. “A registration number? You mean the gun was licensed to an individual?”
“Yes.”
“And who is that person, Sergeant?”
“The defendant, Maya Townshend.”
A wave of energy swept through the gallery. Stier paused just a moment for dramatic effect, until the room was dead silent again.
Hardy knew that this was a low point, and that it was just going to get worse when the fingerprint examiner told the jury that Maya’s fingerprints were on the magazine that held the ammunition on the weapon from the alley. The best Hardy could hope for from the fingerprint expert was going to be a discussion of an unidentified partial fingerprint on the spent casing.
But since Hardy knew that ultimately that print could have been left by anyone who ever handled the ammunition, who worked where it was manufactured, or clerked in the store where it was sold, that was precious little.
Stier took the opportunity by a sideways glance to include the jury in his acknowledgment of the witness. “Thank you, Sergeant.” Then, somewhat to Hardy’s surprise, Stier half turned to look at him. “Your witness, Mr. Hardy.”
Hardy’s surprise came from the fact that he’d expected Faro to remain on the stand to testify about the Preslee crime scene, but apparently Stier had an alternate strategy in mind for that portion of the People’s case. For now, Hardy had a job to do, and he squeezed his client’s arm and rose with a show of confidence from their table.
“Sergeant Faro,” he began, “in your testimony today, talking about the alleged murder weapon, the Glock .40 and the brass casing and bullet that you found at the scene of Mr. Vogler’s murder, you used the words consistent with several times, did you not?”
“Yes, I think so.”
“
Tell the jury, please, what you mean by that phrase.”
After a moment’s hesitation Faro shrugged. “I’m not sure I know a better word. We fired a few rounds from the gun in the lab and compared the indent left by the firing pin on those casings to the gun from the alley and they were virtually indistinguishable from one another.”
“Virtually indistinguishable? Do you mean to say that they were exactly the same?”
“Yes.”
“But you can’t say that the casing came from the gun, can you, Sergeant?”
“No.”
“And that’s because your virtually indistinguishable markings were in fact so few in number that they don’t permit a comparison. Correct?”
“Yes.”
“To make a point, Sergeant, your name has an A. R. in it, doesn’t it?”
Stier spoke up from behind him. “Objection. Irrelevant.”
Braun let her curiosity overcome her distaste for Hardy. “Overruled.”
Faro spoke up. “Yes, it does. F-A-R-O.”
“Well, so does mine, Sergeant. H-A-R-D-Y. Does that mean we have the same name?”
“Objection. Argumentative.”
“Sustained. Move on, Mr. Hardy.”
Braun reminding him that she was aware that she’d been ruling in his favor more often than was her wont, but that his leash was very short now, and tightening.
“Sergeant, how many Glock .40s are there in the world?”
“Objection! Speculation.”
“Overruled, Mr. Stier. You qualified Sergeant Faro as a firearms expert.”
Hardy fenced with Faro in this vein for a moment before concluding. “In other words, Sergeant Faro,” he said, “you can’t tell this jury that this casing came from this gun, can you?”
“No. I cannot.”
“And in fact, aren’t there thousands of other Glock .40s that could have left this casing?”
“Yes, there are.”
“Thank you, Sergeant.” Hardy kept his face impassive but brought his hands together in muted delight. “Now, as to the bullet itself, the .40-caliber slug that you’ve identified as the bullet that killed Mr. Vogler. Again, you used the words consistent with. Sergeant, did you not run a ballistics test on this slug?”
“Yes, we did.”
“And aren’t ballistics tests conclusive?”
“Generally, yes, they can be.”
“When are they not?”
“Well, when the slug is deformed or mutilated.”
“And was the slug deformed or mutilated?”
“No, not too bad. It was embedded in stucco and wood, but it was okay.”
“And so, was your ballistics test conclusive?”
Faro shot a quick, impatient look over to Stier, shook his head at Hardy. “No.”
Hardy put on an expression of mild surprise. “No? Why not?”
“Because like with the casing, this particular bullet lacked sufficient microscopic detail to permit a conclusive match.” Faro seemed to feel obliged to defend his inability to give more conclusive evidence. “This particular type of weapon has a type of unique hexagonal rifling in the barrel that tends not to leave the marks necessary for an exact ballistics comparison.”
“So, again, Sergeant, let me ask you. Is it possible that the slug that we have here did not come from the gun owned by Maya Townshend?”
This time, since it was foreordained, and though he clearly hated the pass to which he’d come, Faro didn’t struggle with his answer. “Yes.”
After a small pause, Hardy went on. “Sergeant, did you and your crime-scene unit get called to the scene of Mr. Preslee’s murder?”
“Yes, we did.”
A confused frown. “Well, Sergeant, it’s true, is it not, that you found not one shred of evidence inside Mr. Preslee’s home indicating that Maya Townshend had ever even been inside the place, much less murdered anybody there?”
As Hardy had anticipated, Stier was on his feet immediately. “Objection. Beyond the scope of direct examination. We’ll get to the Levon Preslee murder scene in due course.”
“Sustained.”
Hardy didn’t care. He knew he’d gotten on the boards first with that crime at least, making his point in front of the jury. Hardy came back to the witness. “No further questions.”
23
The door to the jail’s visiting room swung open and Hardy stood as Maya came in. He waited patiently while the female guard asked his permission and then undid Maya’s handcuffs with a gentleness that he found heartbreaking. Maya had proven herself time and again to be much tougher than she looked, but Hardy had found that it was the little personal indignities that often broke people’s spirits when they were in jail. But this guard was solicitous, even going so far as to touch Maya’s arm and give her a confident nod before leaving attorney and client alone in the glass-block-enclosed space.
“I hate this place, you know that?” Maya said as they sat down on their metal chairs. “It’s worse than the cell.”
“I can’t say it’s exactly my favorite either.” Hardy quickly took in their surroundings. He’d been here many times, and the small semicircular room had a certain familiarity to him. At one time, not so very long ago, the building they were in had been the “new” jail and the polished concrete floors and glass walls lent a sense of openness and light to these rooms that at first had seemed far less oppressive than the rectangular, confessional-sized attorneys’ visiting rooms at the old jail.
Over the years, though, this room’s diaphanous warmth, too, had dissipated somehow, perhaps under the psychic toll of its everyday use. Now it was just another old room, somehow colder for its modernity, its sterility, its cruel illusion of openness through the glass. “Maybe I should smuggle in some rugs, a couple of plants,” he said. “I could bring them in my briefcase every time. That’d spruce the place right up, I bet.”
Unable to fake even a stab at levity, Maya simply said, “I’m not sure it would help.”
“No, I guess not.” Hardy tried to maintain an upbeat and easy-going style, since he saw no reason to add to his client’s pain, but sometimes there was no help for it. “Has Joel been by?”
She nodded, swallowed the lump in her throat. “But outside, at the regular visiting place.” This was a long room for friends and relatives—as opposed to attorneys—similar in fact to those seen on television and in the movies, with a row of visitor stations on either side of Plexiglas windows with speakers set in them, rendering any true personal contact impossible. “It doesn’t really work out there. He only comes by because he feels like he needs to.”
“He comes by,” Hardy said, “because he loves you.”
“All right.” Maya clearly didn’t want to talk about it. She bowed her head, lowered her eyes. Then, with a forced interest: “So how’d we do out there today?”
“I was going to ask you.”
“I can’t believe they keep going ahead with it.”
“I know. I’ve had the same thought myself.”
“Especially with Levon. They have nothing at all, do they?”
“Your presence. I guess they feel that’s all they’re going to need, once they convince the jury on Dylan.”
She sat still a moment, hands on her lap. “I just keep thinking that if only he hadn’t been carrying that weed with him.”
“They probably would have found the stash at his house anyway, and the garden, and maybe the computer records too.”
“But if he wasn’t selling the stuff out of the shop . . .”
“We can’t just keep doing ‘if,’ Maya. He was.”
“You’re right, you’re right.” She paused. “So what about Kathy and Harlen coming down today? Does that help us?”
“I think so, though I wish she’d run it by me first.”
Another silence. “Can I ask you something?”
“Anything you want.”
“The other person who you said did it. Is anybody looking for him?”
“Well, t
he cops aren’t. That’s a safe bet.”
“So how about us?”
“How about us what?”
“We look for him.”
“Or her. Don’t forget her.”
“No. I never would. But really.”
This gambit, or suggestion, or whatever it was, was heartening in some small way, but Hardy kept his emotional guard up. Though technically it didn’t matter what he actually thought about Maya’s guilt or lack thereof, she might think it would give him a psychological boost at the trial if she somehow got him believing she was innocent. And this question clearly telegraphed her assumption of another murderer, without her having to directly lie to her attorney by saying she hadn’t done it.
The problem was, he knew that she’d done something. Something damn serious, about which she obviously was carrying an enormous load of guilt. And he also knew, or thought he knew, what she’d been blackmailed about—robberies or perhaps worse that she must have committed with Dylan and Levon. So unless she’d committed murder in the course of one of those . . .
Whoa, he told himself. Therein lies the path to madness. But then he thought, why not? They’d come this far. And he came out with it. “Maya, yes or no, were you involved in the robbery that got Dylan and Levon sent to prison?”
She straightened her back. “Nobody can prove I was.”
“That’s not what I asked.”
She hesitated. “No.” A beat. “Not that one.”
“So that is in fact what the blackmail was about?”
She didn’t answer, turned her face to look at the wall.
“I ask,” Hardy pressed on, “because you should know that unless you committed murder or some other heinous crime during one of these robberies, you can’t be charged with anything. Anything else, and the statutes of limitations have tolled.”
Her eyes came back to him. They bore a shine that he thought might presage tears. “Why are you so sure they were blackmailing me?”
A Plague of Secrets Page 21
