by Parnell Hall
“I am,” Steve said.
Cunningham looked at him. “What?”
“Seven-thirty’s more accurate than eight. You know it and I know it. You left the restaurant around seven-thirty. That’s a fact. If you wanna say it was around eight, you can equivocate all you want, but it happens to be a lie. You ever been cross-examined?”
“No. Of course not.”
“There you are. Ask me who’s gonna say different, well, the D.A. is. He’s gonna say you’re lying, and then he’s gonna ask questions to try to prove it. If you’ve never been cross-examined before, you’re gonna be duck soup. He may not get you to admit you’re lying, true. But everyone on the jury’s gonna know you are. You know what that’ll do for Amy’s case?”
Cunningham shoved his glasses back on his nose, thrust out his chin defiantly. “I don’t believe it.”
“Don’t believe what?”
“I don’t believe he could rattle me.”
“Oh, no?” Steve said. “You wanna bet?”
“I beg your pardon?”
“I’ll be the D.A. You give me the eight o’clock bullshit. I’ll cross-examine.”
“Fine,” Cunningham said. “Fire away.”
“You have dinner with Amy Dearborn?”
“Yes, I did.”
“What time was it when you left the restaurant?”
“Eight o’clock.”
“Are you aware that Amy Dearborn, in her initial statement to the police, put the time at closer to seven-thirty?”
“Yes, I am.” Cunningham smiled. “Amy’s a nice girl, but she’s rather poor with time.”
“Is that so?” Steve said. “Are you saying she got the time wrong?”
“Yes, she did. I know when we left the restaurant, and it was right around eight o’clock.”
“When you left the restaurant, where did you go?”
“I went home.”
“Why?”
“I had a business appointment.”
“At that time of night?”
“I’m an investment counselor. Client’s get tips. Things that have to be acted on immediately. I often have business appointments late at night.”
“If you knew you had a business appointment, why did you take Miss Dearborn out to dinner?”
“I didn’t know I had a business appointment. After dinner, I called my answering machine and got a message. That’s when I found out I had to have a meeting.”
“With who?”
“I beg your pardon?”
“Who was the person you met with?”
“Oh? Philip Eckstein. He’s a client of mine. He got a tip a particular stock was going to crash. He panicked, he wanted to act on it right away.”
“So you met him in your apartment?”
“That’s right.”
“Which is also your office?”
“Of course.”
“And what time did you meet him?”
“Eight-thirty.”
“Eight-thirty?” Steve said.
“That’s right.”
“You left the restaurant at eight o’clock, took a cab home to meet your client at eight-thirty?”
“Yes, I did.”
“It’s a half hour cab ride over to the east side?”
“No. More like ten or fifteen minutes.”
“What time was it when you got home?”
“Between eight-fifteen and eight-thirty.”
“Why so late?”
Cunningham shrugged. “Well, by the time I paid the bill and Amy and I left the restaurant and I flagged a cab, it was after eight o’clock.”
“What time did your client get there?”
“Right away. He was actually waiting out front when I drove up.”
“This was between eight-fifteen and eight-thirty.”
“That’s right.”
“And what time did you tell him to get there?”
“Eight-thirty.”
Steve shook his head. “You see, it’s no go. You’re relying on the testimony of a third party. This Philip Eckstein will know what time your appointment was for.”
“Sure, he will. He’ll say it was for eight-thirty. He’ll say he was standing on the sidewalk when I drove up.”
“That doesn’t happen to be true,” Steve said.
Cunningham looked at him. “Whoa. Is that your ferocious cross-examination? Or have you stopped playing D.A.? Anyway, the point is, who gives a shit? Eckstein will say anything I want him to. You have no idea how much money I’ve made for that man. He’d swear the earth was flat if I told him to.”
“That’s nice,” Steve said dryly. “You gonna let me finish my cross-examination?”
“I thought we were done.”
“No,” Steve said. “Things got sticky for you, so you came out of character and admitted you and Eckstein were lying. Assuming that doesn’t happen when you’re actually on the stand, let’s press on.”
“Hey,” Cunningham said. “I didn’t do that cause you got me rattled. You’re the one who dropped out of character, claiming the witness wouldn’t back me up.”
Tracy Garvin held up her hand. “Time out, guys. You’ll pardon me, but this is becoming slightly high-schoolish. Whaddya say you get on with it?”
Larry Cunningham looked at her a moment. His smile was somewhat tight-lipped. “Fine,” he said. “Go on. What else you got?”
“You now say it was after eight o’clock when you left the restaurant?”
“Yes, I do.”
“I thought you previously stated it was a little before eight o’clock?”
“When I called,” Cunningham said. “It was a little bit before eight when I called. I came back, told Amy I had to work, settled up the check and we left. It took a little time, so it was after eight when we actually got out on the street.”
“I see,” Steve said. “And you had no idea you were going to have this business appointment when you took her out to dinner?”
“No, I didn’t.”
“You only learned of it when you made this phone call?”
“That’s right.”
“Which was a little before eight?”
“Yes, it was.”
“Prior to that, you had intended to spend the evening with Miss Dearborn.”
“Yes, I was.”
“I believe she stated you were going to the movies. Correct me if I’m wrong.”
“No, that’s right. We were going to the movies.”
“What movie?”
“I beg your pardon?”
“What movie were you going to see?”
“Oh. I don’t recall the title. It’s a movie at the Olympia Theater. That’s at Broadway and a hundred and sixth.”
“Uh huh,” Steve said. “And when did it start?”
“I beg your pardon?”
“When did the movie start?”
“I don’t recall.”
“Well, let’s check.”
“What?”
“Let’s check the times. There are two pictures playing at the Olympia. One is a rap music picture. The other is a light romantic comedy. The rap movie was playing at seven and nine, and the romantic comedy, eight and ten. I’m wondering which one you were planning on going to.”
Larry Cunningham opened his mouth. He blinked twice.
“Come, come. That’s a simple question, Mr. Cunningham. Which movie were you and the defendant planning on seeing?” When Cunningham didn’t answer, Steve smiled and said, “See, it’s tough question. You have to take the position that you were way early for a rap movie starting at nine o’clock, or late for the comedy starting at eight. A jury’s not going to buy the fact you were still in a restaurant on the phone picking up your messages at eight o’clock, if you were going to a movie starting at eight. But that’s the best you can argue. No, what they’re going to buy the minute the D.A. flops the New York Post with the movie start time at eight o’clock in front of your face, is that you were planning to go to an eight o’clock show all
along, and you’re lying about the time to help your girlfriend out. What makes it so much easier for the jury to believe that,” Steve said, “is the fact it happens to be the truth.”
Cunningham frowned. “Shit.”
“See how easy it was to trip you up?” Steve said.
“No fair,” Cunningham said. “You only got me because you happened to know the times of those movies.”
“Are you kidding?” Steve said. “I have no idea what’s playing at the Olympia. Or when. But, obviously, neither do you. From which I gather going to the movies is not a big priority in your life. I would say more than likely, after dinner you were planning on maneuvering Amy back to her apartment and trying to get her in the sack.”
Cunningham came up from the couch, fists raised. “Son of a bitch!” he said.
Steve never blinked. “Oh, spare me,” he said. “I’m just giving you a taste of what you’re in for on the stand. If the D.A. starts making insinuations, you’d better work on keeping your cool.
“Anyway, I hope I made my point. You can get a paper and find out when those movies started and patch up your story and the whole bit. But it doesn’t matter. Because if you’re telling a lie, you’re telling a lie. And there’s gonna be holes. Just because you patch that one, doesn’t mean the D.A. isn’t going to find another. So get it out of your head.”
The phone rang. Cunningham stood glaring at Steve Winslow for a moment, then walked over and picked it up. “Hello.” He listen for a moment, then turned, said, “It’s for you.”
Steve walked over, took the phone. “What’s up, Mark?”
“How did you know it was me?”
“Some detective. You’re the only one knows I’m here. What’s up?”
“My source finally called. Got the word on the warrant.”
“You find out what they got?”
“Yeah.”
“What?”
“Tape recording.”
“Tape recording?”
“Yeah. The micro-cassette from her answering machine.”
“You mean her messages?”
“Right.”
“Oh, shit. How bad is it?”
“The worst,” Taylor said. “It’s a message from Frank Fletcher, asking her to meet him at the office.”
27
“We have a small communication problem.”
Amy Dearborn looked at Steve Winslow through the wire mesh screen. “Oh?”
“I’ve been talking to your boyfriend. Larry Cunningham.”
“He’s not my boyfriend.”
“He seems to think he is.”
“Larry takes a lot for granted.”
“Yeah, he does,” Steve said. “Can’t seem to talk him out of lying for you.”
“Lying?”
“You left the restaurant right around seven-thirty, right?”
“Yes.”
“That’s what you told the cops?”
“Yes, it was.”
“Larry’d like to say it was eight. That’s a lie. I know it’s a lie. You know it’s a lie. Larry knows it’s a lie. Everyone in the whole fucking courtroom will know it’s a lie. In case he should come to visit, you might point out that’s a poor idea.”
“I see.”
“Anyway, the guy’s so eager to lie it’s kind of hard to find out what really happened. I was hoping you could fill me in.”
“About what?”
“My Dinner With Larry. I’d appreciate any details you’ve got.”
“Like what? Just ask questions, will you, I’m too upset to think.”
“Okay. What restaurant were you at?”
“The Abbey Pub. It’s on a hundred and fifth near Broadway. It’s a bar and restaurant. I eat there now and then.”
“And you went there with Larry Cunningham?”
“That’s right.”
“Pick you up at your apartment?”
“Yes. Why?”
“I’m trying to get the facts straight. What time did he pick you up?”
“Around six-thirty.”
“Take you long to get to the Abbey Pub?”
“No. It’s only a couple of blocks.”
“You went in and ate dinner?”
“That’s right.”
“You have cocktails first?”
“He had a martini. I had a glass of wine.”
“At the bar?”
“No. We sat in a booth, got menus and ordered a drink. It a fairly simple menu. Good burgers, a few basic dinner entrees and then they have specials.”
“What did you have?”
“Salmon. That was one of the specials. Salmon steak.”
“What about Mr. Cunningham?”
“He had the shepherd’s pie. That’s a special too.”
“Did you have appetizers?”
“No.”
“Salad and bread?”
“Sure.”
“Before the main course?”
“Of course.”
“What about dessert?”
She shook her head. “No dessert. We had coffee, though.”
“You were going to the movies?”
“That’s right.”
“What movie were you going to see?”
“Some romantic comedy. I don’t remember which.”
“That’s not good.”
“Well, they all sound alike.”
“It was playing at the Olympia?”
“That’s right.”
“Uh huh. What time did it start?”
“Eight o’clock.”
“No kidding,” Steve said. He chuckled. “Tell me, do you know what else was playing at the theater? It wouldn’t he a rap music picture, would it?”
She frowned. “I don’t think so. Why?”
“It’s not important,” Steve said. “Anyway, you were going to an eight o’clock show?”
“That’s right.”
“And the only reason you didn’t was because Mr. Cunningham had to work?”
“That’s right.”
“When did he find that out?”
“After dinner. He called his answering machine.”
“And what time was that?”
“Around seven-thirty.”
“Before or after?”
“Probably before.”
“Why do you say that?”
“Because we got out of there around seven-thirty. So he must have called earlier. Seven-twenty. Seven twenty-five.”
“So you were in the restaurant no more than an hour?”
“I would say so.”
“And you were out of there by seven-thirty?”
“That’s right.”
“Larry Cunningham took a cab home?”
“Yes, he did.”
“He walk you home first?”
“No. He said the client was very upset and he had to go. He went right out on Broadway and hailed a cab.”
“And you walked home?”
“Right.”
“Did you go straight home?”
“Actually, I think I stopped at the store.”
“What for?”
She gave him a look. “Tampons.”
“Uh huh. And after you bought them, you went right home?”
“That’s right.”
“What was the first thing you did when you got home?”
“I don’t recall.”
“Listen to the messages on your answering machine?”
“I may have.”
“And,” Steve said casually, “would one of those messages have been from Frank Fletcher, asking you to come down and meet him at the office?”
Amy’s face drained of color. “Oh, my god.”
28
“You got a message from Frank Fletcher?”
“Yes.
“On your answering machine?”
“Uh huh.”
“That’s why you went down there?”
“Yeah.”
Steve took a breath, looked at Amy Dearborn. The one word an
swers were irritating. On the other hand, it had taken her several minutes to be able to talk at all. “Was this right when you got home?”
“Yes.”
“What time was that?”
“I don’t know.”
“Take a guess.”
Amy looked up sharply. “Hey.”
“Come on, give me some help here. You held out on me, you held out on the cops. They tumbled first and now I’m trying to catch up. I know you’re upset and you feel like shit, but for the moment stay focused and zero in. The answers to these questions count. Now what time was it when you got home?”
“I don’t know. Seven thirty-five, seven-forty. Somewhere in there.”
“You played the answering machine as soon as you got home?”
“Yes.”
“Are you sure?”
“Absolutely. I could see it blinking when I came in the door.”
“You went over and switched it on?”
“That’s right.”
“And there was a message from Fletcher?”
“Yes.”
“What did it say?”
“What you said. To meet him at the office.”
“I’d like the exact words.”
“I don’t remember the exact words.”
“Give it to me as close as you can. The cops have that tape. I’d like to know what they know.”
“He said…Oh, gee…He said, ‘It’s Frank. We need to talk. I’m at the office, come on down.’”
“Frank, is it?”
“Yeah, Frank. What, he’s going to call himself Mr. Fletcher just because he had me fired?”
“That’s all there was to the message?”
“Isn’t that enough?”
“It sure is,” Steve said. “Jesus Christ, what a mess.”
“It’s not my fault.”
Steve cocked his head, looked at her. “Fault? What are you, in high school? I didn’t do the homework, but it’s not my fault? I got news for you. In a murder, no one gives a shit. They send you to jail, the fact it’s not your fault is gonna be small consolation.”
“Stop it!”
“I’m sorry, I’m sure,” Steve said. “I take it back. When you go to jail, you can tell everyone it’s my fault.”
Amy stared at him. “How could you?”
“Oh, it’s easy,” Steve said. “My job is to defend you on a murder rap. I spent twenty-four hours doing everything wrong because you held out on me. I got myself in bad, I got Tracy in bad, and I damn near convicted you. I took a chance on you, sending you home and letting you come back and find the body again, and it’s blown up in my face. And you know why? Because you lied to me to begin with. I’m way behind and playing catch up ball. So snap out of it and stop talking about what’s fair and whose fault it is and just answer the damn questions.”
