After Dark (25 page)

"Yes, sir. I personally took this from the Portland Police Bureau evidence room. This is the strip to which the magnets were attached by the bomber in the case Mrs. Griffen prosecuted against Mr. Deems."

"Is there anything unusual about it?"

Torino held out one end of the strip to the jury. "You can see that this end is flat and looks like it was shaped by a machine."

Torino turned the other end toward the jury. "But this end is uneven and there is a notch that forms a jagged vee in the middle.

That's because this strip came from a longer strip. Someone sawed it off of the large strip to shorten it so it would fit onto the top of the pipe bomb."

"Is it unusual to find a notch like this in the strip that secures the magnets?"

"Yes, sir. With one exception, I've never seen a notch like this on another pipe bomb."

"Was the defendant aware of the unique nature of the notch?"

"Oh yes. I told her that several times. She knew it was like a fingerprint."

"So," Geddes asked with heavy emphasis after turning toward the jury, "the defendant was also aware that a Portland police explosives expert who found a strip of metal like this one with such a notch at the site of a bombing would immediately think that Mr. Deems was responsible for making the bomb?"

"Yes, sir."

"Thank you. I now hand you State's Exhibit 36. What is it?"

Torino held up another strip of charred and twisted metal that was eight inches long, two inches wide and a quarter inch thick and very similar in appearance to State's Exhibit 35.

"This is the strip of metal to which the magnets were attached in the bomb that killed Justice Griffen. When the bomb exploded, it was blown through the bottom of the car into the judge. The medical examiner found it during the autopsy."

"Is it similar to the strip used by the killer in the case which the defendant prosecuted against Mr. Deems?"

"Yes. One end is flat and the other has an almost identical notch."

"How was that notch formed?"

"By putting the strip in a vise and using a hacksaw to cut it from the larger strip. The person who used the hacksaw cut from two directions and that's why the notch overlaps here," Torino said, pointing to the center of the vee.

"And you say you've only seen one other magnet strip with a similar notch?"

"Yes, sir. The only other time I've seen one like it was in the case Mrs. Griffen prosecuted against Mr. Deems."

"As an expert in the area of explosive devices, what conclusion do you draw from the similarity in appearance of these two strips?"

"Either the same person cut them or someone intentionally tried to make the second strip look like the first."

"Why would someone intentionally do that?"

"One reason would be to frame Mr. Deems."

"Objection," Reynolds said, standing. "That is pure speculation."

"Sustained," Judge Baldwin said, turning toward the jury.

"You jurors will disregard that last remark."

"Officer Torino, you did say that the defendant knew about the unusual notch in the end of Exhibit 357"

"Yes, sir. I pointed it out to her during the investigation of the Hollins murders."

"Thank you. Now, Officer Torino, on the evening that Justice Griffen was killed, were you called to another location to search for explosive devices?"

"I was."

"Where did you go?"

"To a home the defendant was renting. District Attorney Stamm was concerned that the same person who killed the judge might have rigged a bomb at Mrs. Griffen's house."

"In the course of your search did you look in Mrs. Griffen's garage?"

"Yes, sir."

"Describe it."

"It was a typical two-car garage with a work area in one corner. The work area consisted of a workbench and table with a vise. Tools were hanging from hooks on the wall."

Geddes handed Torino a photograph. "Can you identify State's Exhibit 52 for the jury?"

"That's a shot of the garage." Torino held up the photograph so the jury could see it and pointed to the left side of the picture.

"You can see the workbench over here."

Geddes took the photograph and handed Torino the last plastic bag. It contained a clean strip of metal. It was not charred or twisted. One end was flat and obviously shaped by a machine.

The other end came to a point. The point was jagged and appeared to have been cut by hand.

"This is State's Exhibit 37. Can you tell the jury what it is?"

Torino took Exhibit 36 in one hand and Exhibit 37 in the other and fit the jagged point from Exhibit 37 into the notch at the end of Exhibit "Exhibit 37 appears to be the other part of the longer strip from which Exhibit 36 was cut. They don't fit exactly because Exhibit 36 was mangled in the explosion."

Geddes paused and turned toward Abigail Griffen.

"Did you find Exhibit 37, Officer Torino?"

"Yes, sir."

"Where did you find it?"

"Under the workbench in Abigail Griffen's garage. You can see the strip in the bottom right corner of Exhibit 52. We also have a close-up in another photo."

Tracy suddenly felt sick. Torino's testimony was devastating.

She glanced quickly at the jurors. Every one of them was leaning forward and several were writing furiously on their notepads.

Then she looked at Matthew. If he was feeling any stress as a result of Torino's testimony, Tracy could not see it.

"Officer Torino, there are what appear to be metal shavings in the plastic bag that we've been using to hold Exhibit 37. Where did they come from?"

"They were found on the floor under the vise."

Geddes went back to counsel table and pulled a plastic Clorox bottle from a shopping bag.

"Can you tell the jury where State's Exhibit 42 was found?"

"It was also found in Mrs. Griffen's garage."

Tracy glanced at Reynolds. He still appeared to be unconcerned.

"Your Honor, at this time I move to introduce State's Exhibits 35, 36, 37, 42 and 52," Geddes said. "Any objection, Mr. Reynolds?"

"May I see 42, please," Reynolds said calmly as he climbed to his feet.

Tracy could not believe how well he concealed the shock he had to be experiencing. Geddes handed Reynolds the Clorox bottle.

"May I ask a question in aid of objection, Your Honor?"

"Go ahead."

"Officer Torino, this Clorox bottle is in one piece, is it not?"

"Yes."

"Then it could not be the bottle from which was cut the plastic strip used in the detonating device?"

"That's true."

Matthew turned toward the bench. "I object to the admission of State's Exhibit 42. It has no relevance."

"Mr. Geddes?" the judge said.

"It is relevant," Geddes answered. "This is obviously not the bottle from which the strip was cut, but it proves that the defendant uses the brand."

"I'll let it in. It has limited relevance, but as long as it has some, it meets the evidentiary threshold for admissibility."

"I have no further questions of this witness, Your Honor. Mr. Reynolds may examine."

"Mr. Reynolds?" Judge Baldwin asked.

"May I have a moment, Your Honor?"

Baldwin nodded. Matthew turned to Abbie. His features were composed, but Tracy could tell that he was very upset.

"What was that metal strip doing in your garage?" he asked in a tone low enough to keep the jurors or Geddes from hearing what was said.

"I swear, I don't know," Abbie answered in a whisper. "My God, Matthew, if I made that bomb in the garage, don't you think I'd have the brains to get rid of anything that could connect me to it?"

"Yes, I do. But we're stuck with the fact that the strip was found in the garage of the house you were renting together with metal shavings that would be created when it was sawed off the rest of the strip. When was the last time you remember being around the worktable?"

"I put the car in the garage every evening. The people I'm renting from own the workshop furniture and the tools. I've never used them. Deems planted the strip and the shavings. Don't you see that? I'm being framed."

"This is very bad," Matthew said. "Now I understand why Stamm felt he had to get off the case."

Reynolds turned to Tracy. "Do you remember seeing the three strips when we examined the physical evidence?"

"Of course, but I didn't think anything about them. They weren't together, I'm sure of that. If I recall, they were scattered among the other pieces of metal from the bomb and there were a lot of metal chunks on the table."

"Geddes did that on purpose," Matthew muttered. "He set us up."

"What are we going to do?"

Reynolds thought for a moment, then addressed the judge.

"Before I cross-examine, I have a matter I would like to take up with the court."

Judge Baldwin looked up at the clock. Then he turned to the jurors.

"Ladies and gentlemen, this is a good time to take our morning recess.

Let's reconvene at ten forty-five."

As the jurors filed out, Barry came through the bar of the court and stood next to Tracy.

"As soon as we break for the day," Reynolds told them, "I want you two to look at all of the physical evidence again, to make certain there aren't any more surprises."

The door to the jury room closed and Judge Baldwin said, "Mr. Reynolds?"

"Your Honor, I would like to reserve my cross-examination of Officer Torino. His testimony, and this exhibit, are a complete surprise to the defense."

"Will you explain that to me? Didn't Mr. Geddes let you know that he was introducing it?"

"There are no written reports about the metal strips that were used in the bombs and the strip found in Mrs. Griffen's garage . . ."

Chuck Geddes leaped to his feet. He was fighting hard to suppress a smile of satisfaction.

"Exhibits 35, 36 and 37 were listed on evidence reports supplied to the defense, Your Honor. We also made all of the physical evidence available to the defense for viewing."

"Is that so, Mr. Reynolds?"

Matthew cast a withering glance at Geddes, whose lips twisted into a smirk.

"Mr. Geddes may have listed the exhibits, Your Honor, but no report furnished to the defense explained the significance of the items. If I remember correctly, the strips Were noted on the evidence list simply as pieces of metal and the three metal strips were scattered among the remnants of the bomb that killed Justice Griffen, giving the impression that all three strips were unconnected and found at the crime scene."

"What do you have to say about that, Mr. Geddes?"

"The discovery rules require me to list all the witnesses and exhibits I intend to introduce at trial. They do not require me to explain what I intend to do with the exhibits or what my witnesses have to say about them. I did what was required by law. If Mr. Reynolds was unable to understand the significance of the exhibits, that's his problem."

"Your Honor, there is no way any reasonable person could have understood the significance of this evidence," Matthew answered angrily. "Mr.

Geddes made certain of that by scattering them among the other exhibits.

Ask him why he did that and ask him why he didn't have Officer Torino write a report about them."

"If you're implying that I did anything unethical . . ." Geddes started.

"Gentlemen," Judge Baldwin interrupted, "let's keep this civilized. Mr.

Reynolds, if Mr. Geddes gave you notice that Officer Torino was testifying and he listed the strips as exhibits, he complied with the law. However, I want you to have a fair opportunity to cross-examine on this matter, which is of obvious importance.

What do you suggest we do?"

"Your Honor, I would like to have custody of the three strips so I can have them examined by a defense expert. I have someone in mind."

"How long will you need the evidence, Mr. Reynolds?"

"I won't know until I talk to my expert. He may be able to accomplish what I want this weekend."

"I object, Your Honor," Geddes said. "We're in the middle of trial. Mr.

Reynolds had ample opportunity to examine and test the evidence."

"And I'm sure he would have if you'd given him some notice of the use to which you were putting it," Judge Baldwin said sternly. "Quite frankly, Mr. Geddes, while you're within the letter of the law on this, I don't think you're within its spirit."

"Your Honor . . ." Geddes began, but Judge Baldwin held up his hand.

"Mr. Geddes, this could have been avoided if you had informed Mr.

Reynolds about Officer Torino's testimony in advance of trial. I'm going to let Mr. Reynolds have the metal strips, if he can find an expert to examine them."

The rest of the afternoon was taken up with the testimony of several bomb squad members, who identified evidence taken from the crime scene and explained where each item was found.

Outside, a gentle rain was falling, but the heat was on in the courthouse and the drone of the witnesses was putting Tracy to sleep.

She sighed with relief when the judge called the weekend recess.

As soon as court was out, Matthew took custody of the three metal strips and left with Abigail Griffen. Tracy and Barry Frame looked over all of the evidence that was in the courtroom. When they were through, Neil Christenson escorted them to a conference room in the district attorney's office that was being used to store the physical evidence that had not been introduced. Some of the evidence was spread over the top of a long conference table. Other evidence was in cardboard boxes on the floor of the conference room. Christenson parked himself in a chair at the far end of the room.

"How about some privacy?" Barry asked.

"Sorry," Christenson replied. "If it was up to me, I'd be home with a cold beer, but Chuck told me to keep an eye on you."

"Suit yourself."

Tracy started with the items on the table, conferring with Barry in whispers if she saw anything that might be significant and making notes on a legal pad. When they were done with the items on top of the table, Barry cleared a space at one end and emptied the contents of the first cardboard carton, which contained items taken from Abbie's rented house.