After Dark

by Phillip Margolin

  "How big is that, Dr. Shirov?"

  "Oh, say the size of a sunflower seed."

  "And that was enough for an accurate test?"

  "Yes."

  "What did you do after you obtained the samples?"

  "I put each sample in a pre-cleaned vial and washed it in distilled water to remove adhering material. Then I dried the samples overnight.

  "The next day, I placed each sample in a pre-cleaned polyethylene vial and heat-sealed the vials. The sealed vials were the-' placed inside a polyethylene irradiation container, called a 'rabbit,' for irradiation in the nuclear reactor's pneumatic tube facility. This is similar to the pneumatic tube system used in drive-in banks, but ours ends up in the core of the reactor."

  Reynolds returned to the counsel table and picked up two lead containers, approximately two inches in diameter and four inches tall and handed them to Dr. Shirov.

  "Dr. Shirov, I am handing you what have been marked as Defense Exhibits 201 and 202. Can you identify these exhibits?"

  "Certainly. These are what we call lead pigs and they are used for housing radioactive samples."

  "Are the samples dangerous?"

  "No. Not at this time."

  "What is in these lead pigs?"

  "The samples I took from Exhibits 36 and 37."

  "If the state wished, could its own scientists retest these samples?"

  "Yes, but they would probably want to use fresh samples from the steel plates."

  "Thank you. Go on with your explanation, Doctor."

  "I performed a five-minute irradiation on each sample. Then I retrieved the samples. Next I punctured the vials with a hypodermic needle and flushed out the radioactive argon gas produced when argon, which occurs naturally in air, is irradiated in a reactor. The vials were then placed in a clear plastic bag and put in front of a high-resolution gamma ray analyzer."

  "Explain what you did next."

  "When a substance is exposed to neutrons some of the atoms may absorb a neutron and become radioactive. These atoms decay differently depending on the identity of the original atom. No two radioactive nuclides decay with the same half-life and energy.

  Therefore, by measuring the energy of the gamma rays emitted during decay at known times after these samples were removed from the reactor, I was able to identify many of the elements in the samples by analyzing the data from the gamma ray detector. I counted the gamma rays emitted at one, five, ten and thirty minutes after the end of the irradiation. I counted the sample again at two and twenty-four hours after the end of the irradiation. The data for each gamma ray count was stored on a disk for later analysis. After the data was on the disk, I used a computer program to identify the energies of the gamma rays."

  "Dr. Shirov, what conclusions did you draw from the test data?"

  "Mr. Reynolds, I have concluded, after reviewing the information obtained from the analysis, that there is no evidence to support a conclusion that the sample from Exhibit 36 and the sample from Exhibit 37 could have come from the same piece of steel plate. Furthermore, they could not have a common source of origin."

  Tracy was stunned and she could tell by the look on Chuck Geddes's face that she was not alone. The two metal pieces so obviously fit that she had assumed they were joined once. Now it looked like she was wrong and the state's case was in shambles.

  "Are you saying that Exhibit 36 and Exhibit 37 were never connected?"

  Reynolds asked Dr. Shirov." "I am."

  "What is the basis for your conclusion?"

  "The fragments from Exhibit 37, the clean piece of steel plate, contained observable arsenic, antimony, manganese and vanadium. Exhibit 36, the sample that is charred and twisted, contains manganese, vanadium and aluminum, but no arsenic or antimony. It would not be possible for one piece of steel from a common plate to contain arsenic and antimony and another piece of steel from the same plate to be missing these elements."

  "Exhibit 36 was in an explosion. Could that account for the missing elements?"

  "Mr. Reynolds, it is not possible that the explosion changed the composition of the steel by removing two elements. It would be more likely that an explosion would add material."

  "Dr. Shirov, did you conduct any more tests on the samples?"

  "No. Since the observations were conclusive at this point, there was no purpose in further analysis."

  "Thank you, Doctor. I have no further questions."

  Chuck Geddes stood up. He was obviously fighting to control his emotions in front of the jury.

  "May we approach the bench, Your Honor?"

  Judge Baldwin motioned Geddes and Reynolds forward.

  "Mr. Reynolds gave me Dr. Shirov's test results this morning . . ,"

  Geddes whispered angrily.

  "No need to go any further, Mr. Geddes," Judge Baldwin said.

  "I assumed you'd want to reserve cross. Any objection, Mr. Reynolds?"

  "No, Your Honor," Reynolds said graciously.

  "Then let's take our morning recess."

  As soon as the jurors filed out, Tracy grabbed Reynolds's arm.

  "How did you know the two pieces of steel were different?" she asked, unable to keep the awestruck tone out of her voice.

  Reynolds smiled. "I had no idea they were different, Tracy.

  When I'm dealing with the state's evidence, I follow a simple rule.

  I never assume any of it is what it appears to be. I thought I was wasting my time when I hired Dr. Shirov this weekend, but I couldn't think of anything else to do. Fortunately, whoever is trying to frame Abbie didn't know there was a foolproof method of telling if the two metal strips were once joined."

  Reynolds turned his attention to Dr. Shirov, who had walked over to the defense table as soon as Judge Baldwin left the bench.

  Tracy shook her head. Reynolds was astonishing. Now she understood why so many people, especially other lawyers, spoke of him with such reverence. And why so many clients literally owed him their lives.

  Tracy saw Chuck Geddes rushing out of the courtroom and away from the humiliating events of the morning. Just as he reached the door, Neil Christenson came in with a big smile on his face. The investigator said something that made Geddes stop.

  The two men conferred. Geddes's back was to Tracy, so she could not see his face, but she could see Christenson gesturing animatedly and Geddes nodding vigorously. Then Christenson stopped talking and Geddes turned and stared at Reynolds and Abbie Griffen. There was a cruel smile on his face, an expression that was hard to reconcile with the stunning blow that had been dealt to his case moments ago.

  BarryFrame lived in the Pearl District, an area of northwest Portland once filled with decaying warehouses that had been rejuvenated by an infusion of art galleries and an influx of young professionals and artists who lived in the renovated lofts. Some of the bare brick walls in Barry's loft were decorated with Matthew Reynolds's nature photography. A poster from the Mount Hood Jazz Festival showing a piano floating on a pristine lake with Mount Hood in the background hung above a low white sofa.

  Across from the sofa, a metal bookcase stood next to a twenty-seven-inch TV set and a state-of-the-art stereo system. Barry was listening to a CD of Stan Getz blowing a mellow sax when Tracy knocked on his door. She had called from the courthouse as soon as court ended. Barry had been in the field interviewing witnesses during the day and was anxious to be brought up to date on what had happened in the courtroom.

  As soon as the door opened, Tracy threw her arms around Barry's neck and kissed him. Then she broke free and grabbed Barry by the shoulders.

  "Matthew Reynolds is unreal. I mean, I'd heard he was a grade A genius, but I didn't really believe it until I saw him this afternoon."

  "Slow down," Barry said with a laugh.

  "I can't. I'm on a fantastic high. You should have seen Geddes. He's such a pompous ass. God, the look on his face as soon as the jurors were out of the room. He went ballistic. It was priceless."

  "What happened?"

>   Tracy grinned wickedly. "What are you willing to do to find out?"

  Tracy was loaded with energy and wanted to expend it the same way they had when they missed the last half of Casablanca on Friday night.

  "Jesus, I'm involved with a sex maniac. Is this the only way I can get information out of you?"

  "Yup."

  "I feel like I'm being used."

  "Yup."

  "And here I thought it was my mind that attracted you."

  "Nope," Tracy said as she started taking off her dress.

  "Tell me what happened in the goddamn courtroom while I still have the strength to listen," Barry said.

  They were lying naked on Barry's king-size bed. Tracy rolled over on her side.

  "I guess you've earned the information," she said, smiling impishly.

  Then she told Barry about Dr. Shirov's testimony.

  "Man, I wish I'd been there," Barry said when she was finished.

  "Didn't you know about Shirov?"

  "No. This was Matt's baby. He's pulled stuff like this before.

  He gets in this zone only he can get to and comes up with these ideas.

  If there's a better lawyer in the country, I haven't heard of him."

  "Or her," Tracy said, nestling against Barry's chest.

  "Excuse me for being politically incorrect," Barry answered as he kissed Tracy's forehead.

  "It's all over but the shouting," she said. "Matt destroyed Deems and Dr. Shirov has wiped out Geddes's key evidence. The jury has to have at least a reasonable doubt."

  "I never like to get overconfident, Barry said, "but I have to agree with you. It looks like Matt has this one in the bag."

  Chapter TWENTY-FIVE

  On Wednesday morning, Tracy noticed that no one was sitting at the prosecution counsel table when the defense team entered the courtroom.

  The judge's bailiff hurried over to Reynolds as soon as he spotted him.

  "The judge wants you in chambers with your client. Mr. Geddes and Mr.

  Christenson are already there."

  "Any idea what's going on, George?" Reynolds asked.

  "Not a clue."

  Brock Folmer, the judge whose chambers Judge Baldwin was using, was a Civil War buff. A bookcase with volumes about the great conflict stood next to the door to the courtroom and a table covered with miniature blue and gray soldiers reenacting the Battle of Bull Run sat against the wall under the window. Judge Baldwin seemed lost behind a huge oak desk that stood in the center of the room. In back of him was a complete set of the Oregon Court of Appeals and Supreme Court reporters and the Oregon Revised Statutes. The court reporter was sitting at Judge Baldwin's elbow.

  There were three high-backed, brown leather, upholstered chairs in front of the judge's desk. One was empty and Reynolds took it. The other two were occupied by Chuck Geddes and Neil Christenson. Christenson looked nervous, but Geddes looked like he had just won the lottery.

  "Good morning, Matt," Judge Baldwin said. "Miss Cavanaugh and Mrs.

  Griffen, why don't you have a seat on that couch over by the wall, and we'll get started."

  "What's going on, Judge?" Reynolds asked.

  "Let's go on the record and Mr. Geddes can tell us. He asked for this meeting this morning."

  Geddes lounged in his chair. There was a smug smile on his face. "I want to reopen the state's case," he said.

  Judge Baldwin looked a little put out. "That's highly unusual, Mr.

  Geddes. We're well into the defense case."

  "I'm aware that my request is unusual, Your Honor, but Mr. Christenson has discovered new evidence that changes the complexion of our case."

  "And what evidence is that?" the judge asked.

  "Evidence that Abigail Griffen also murdered her husband's lover, Laura Rizzatti."

  Tracy was stunned and Abbie bolted out of her seat.

  "You sick bastard," she started, but Reynolds was up, blocking the judge's view and holding out a hand to his client. "Please, Mrs.

  Griffen," he said forcefully.

  Abbie caught herself and sank down onto the couch. She was clearly shaken by the accusation. And so, to Tracy's surprise, was Matthew Reynolds.

  "Let's everyone calm down so we can sort this out," Judge Baldwin commanded. Geddes had not moved during Abbie's outburst. Reynolds made certain that Abbie was under control, then he turned back to the judge.

  "I object to Mr. Geddes's motion to reopen," Reynolds said forcefully.

  "The state has rested. Mr. Geddes had months to uncover evidence of this sort, if it exists. The introduction now of evidence of another murder would be untimely. I also believe it would require a mistrial or a lengthy continuance so the defense could prepare to meet this evidence. Both actions would be highly prejudicial to the defense case, which, as the court knows, is in an excellent posture at this point."

  Reynolds paused and cast a cutting look at Geddes.

  "Frankly, Your Honor, I'm a bit skeptical of the timing of this motion, coming, as it does, right after Mr. Geddes's key witness and key evidence have been discredited."

  "Mr. Reynolds's points are well taken, Mr. Geddes," Judge Baldwin said, "but I suppose I have to hear the evidence you want to introduce before I can make a ruling. Why don't you enlighten US."

  "Certainly, Your Honor. That's why Mr. Christenson is here.

  Neil, please tell the judge what you discovered."

  Christenson shifted uncomfortably in his chair and faced the judge.

  "Laura Rizzatti was Justice Griffen's clerk at the Supreme Court, Your Honor. She was murdered a little less than a month before Justice Griffen was killed. Mr. Geddes thought it was suspicious that the two murders had been committed so close to one another, but we had no evidence that they were connected, so we assumed that we were probably just dealing with a coincidence.

  "Then, Monday night, I remembered that I had seen several credit card receipts to the Overlook Motel in evidence we had taken during a search of Justice Griffen's home office."

  Tracy's stomach tightened at the mention of the Overlook.

  She saw exactly where Christenson was going and she could not believe it. Until now, the defense was convinced that the prosecutors knew nothing about Justice Griffen's extramarital affairs.

  But it was clear that not only did they know about Griffen's trysts at the Overlook, they had drawn an unexpected inference.

  "Initially, the receipts meant nothing to me," Christenson continued.

  "Then I recalled that the Overlook was a very seedy motel. Not a place where someone like Justice Griffen would normally go. On a hunch, I brought a photograph of Laura Rizzatti to the Overlook and showed it to Annie Hardesty, who is a clerk at the motel. Mrs. Hardesty confirmed that Justice Griffen used rooms at the motel on several occasions to meet women.

  She also told me that she had seen Laura Rizzatti with the judge more than once."

  Christenson paused to let the implications sink in.

  "Then she told me two other facts that I considered important. First, she told me that Miss Cavanaugh and Barry Frame, Mr. Reynolds's investigator, came to the motel well before the trial and learned that the judge was using the motel as a love nest."

  "Which will make it difficult for Mr. Reynolds to claim surprise, Your, Honor," Geddes interjected.

  "Let's hold off on your argument until I've heard all of Mr.

  Christenson's statement," the judge said sternly. "Mr. Christenson, you said there was something else Mrs. Hardesty related."

  "Yes, sir. She said she started watching the news about the case after Miss Cavanaugh's visit because she thought she might be a witness, and she recognized the defendant, Mrs. Griffen, as someone she'd seen at the Overlook. She remembered the incident quite clearly because Mrs.

  Griffen and her husband were arguing so loudly that one of the other guests complained.

  "Mrs. Hardesty told me that she went over to the room the judge .was renting to get them to quiet down when the door burst ope
n and Mrs.

  Griffen came flying out. Before the door opened, though, she heard part of the argument and she is willing to testify that Mrs. Griffen threatened to kill her husband if she Caught him cheating again."

  "When did you discover this information, Mr. Christenson?"

  Judge Baldwin asked.

  "Yesterday and the day before, Your Honor."

  Geddes leaned forward. "I believe this evidence lays a strong foundation for our theory that Mrs. Griffen learned that Laura Rizzatti and the judge were lovers and that she killed them both when the judge did not heed her warning to stop his affair with Miss Rizzatti."

  "What do you have to say, Mr. Reynolds?" the judge asked.

  Reynolds had carried a paperback copy of the Oregon Rules of Evidence into chambers. As he was flipping through the pages, looking for the section he wanted, the book slipped from his hand and fell to the floor.

  The pages crumpled and the cardboard cover bent. Reynolds leaned over to retrieve the book and Tracy saw his hand tremble as he smoothed out the pages. When he spoke, there was an uncharacteristic quiver in his voice.

  "Rule 404 (3) states that evidence of other crimes is not admissible to prove that a defendant is likely to have committed the crime for which she is on trial simply because she committed another, similar crime before."

  "Yes, Mr. Reynolds," the judge interrupted. "But the rule also states that proof of prior crimes is admissible for other purposes, such as proof of motive or to show a plan involving both crimes. If there is proof that Mrs. Griffen had a plan to kill both victims or that she killed her husband because he and Miss Rizzatti were lovers, wouldn't the evidence of Miss Rizzatti's murder be admissible?"

  "It's possible, Your Honor, but you've forgotten a step the Supreme Court set out in State v. Johns, the case that set up the procedure a judge must use to decide if prior crime evidence is admissible. First, you must decide if the evidence is relevant to an issue in the case, such as proving motive. Then you must decide if the relevance of the evidence is outweighed by the prejudice to the defendant that inevitably occurs if proof of another crime committed by the defendant is introduced at trial.

  "In deciding the relevance versus prejudice issue, a judge must consider four factors, one of which is the certainty that the defendant committed the other crime. The burden of convincing the court on that point rests on the state and I haven't heard a single piece of evidence that connects Mrs. Griffen to the Rizzatti murder."