Dark Justice (38 page)

“Well, for instance, bite marks.”

Several jurors’ heads lifted. They had been all but dozing during the credentials, but now they began to see where this testimony was headed.

“Is there a reason why trace injuries would need to be made more apparent?”

“Dealing with trace evidence is always a problem for law enforcement,” Grayson explained. He had an easy manner, informative, confident, but not too pretentious. “I think you’ve already gotten a taste of that in this trial. Footprints are found, but the imprint is not deep enough to identify the shoe tread. A bite mark is found on the victim’s arm, but the impression is not sufficient to allow the coroner to make a conventional analysis via dental records. I’ve been working on ways to make what is not immediately apparent more so.”

“You mentioned the process of identifying bite marks by conventional dental records. Could you explain that to the jury?”

“Certainly. It’s really very simple. May I have my charts?”

Granny stepped back to her table and lifted a tall stack of enlarged exhibits mounted on poster board. She placed them on a lectern next to the witness stand. Ben winced when he saw the thickness of the stack. By the looks of it, they could all settle in for a long winter’s nap.

Grayson stood next to the exhibits and pointed toward the first one, which appeared to be an enlarged bite mark on flesh. “This is an example of a good bite mark, that is, one that’s absolutely clear. The indentations of most of the teeth are quite evident. Even so, there can be problems.” He pivoted toward the jury. “The principal identification difficulties come from the fact that human tissue is soft. It can be stretched and compressed. Therefore, the record left by the bite can be distorted.”

“Are there ways of dealing with that problem, Doctor?”

“Of course. We have a battery of tools for just that purpose. We use a measuring rule, scale or tape, moulages of the tissue and teeth indentation, and of course models of the suspect’s teeth. Computers can also be used to create a probable range of orientations a bite mark could take. By comparing with the dental records of the suspect, we can determine whether the bite mark came from his teeth.”

Grayson displayed the next poster board in the stack. What the jury saw was a long row of teeth, and beneath them, a series of numbers. “This is a standard tooth-numbering chart. It uses two of the most common tooth designation systems, Universal and Palmer, plus the new Fédération Dentaire International System.” He pointed to the numbers beneath the first tooth on the left. “For instance, the lower right molar is designated number 30—on the Universal system, L.R. 6—on the Palmer, or 36—on the new FDI. Actually, the FDI recently changed its quadrant designations so that the first odd numbers consistently refer to the right side and the first even numbers consistently refer to the left side.”

Absolutely fascinating, Ben thought. Probably had nothing to do with this case, but it made Grayson seem like one smart dental dude.

Grayson turned to his next chart. “On the right, beside the teeth, you can see the marking codes commonly used to identify teeth anomalies. Any unusual characteristics, rotations, tooth and bone color oddities—such as pink, yellow, or tetracycline discoloration—can be noted here. Antemortem dental records, those most commonly found in a dentist’s office, will also typically contain notes regarding various treatments and services rendered. Postmortem records will not have that, but will typically provide far greater detail about the current condition of the teeth.”

Grayson then took the jury through the remainder of his charts, explaining the role of X-rays and other dental tools, which he called
armamentaria
. All in all, Ben thought it was boring as hell, but it served Granny’s purpose. After hearing the man rattle on in this manner for well over an hour, it was hard to doubt that he was in fact an expert in the science of forensic dentistry.

“And in this manner,” Grayson concluded, “we are able to trace an injury back to the person who made it. After taking these extensive and detailed records, we simply compare the chart compiled on the injury with the chart compiled on the suspect. If they match, we know the suspect is guilty. Dental patterns are quite unique. They’re like fingerprints; no two mouths are exactly alike.”

Granny smiled. “Thank you, Dr. Grayson, for that exhaustive”—Ben would’ve said exhausting—“description of contemporary dental identification techniques. You indicated that you have been doing some research yourself. Why?”

“Well, these traditional methods work fine as long as the imprint of the wound is such that the teeth marks can be distinguished. But sometimes, even when there’s been a good solid bite, the imprint is not immediately clear. As I said before, flesh tissue is soft. It’s not the ideal medium for a bite mark. So I’ve been working on ways to make difficult bite marks more apparent.”

“Have you had any success?”

“I have. It’s taken years of research, but I’ve managed to develop a way of making visible imprints that would otherwise be invisible to the naked eye. Mind you, they’re there. They just can’t be seen without visual augmentation.”

“How do you enhance the injury traces?”

“I use a long-wave ultraviolet light—what you would call a blue light. Then I wear a pair of yellow-lensed safety goggles that have been chemically treated in a solution I developed myself. The combination of the ultraviolet light and the chemically treated goggles enhances features on the surface of the skin.”

“That seems amazing, Doctor. How does it work?”

“It’s simple, really. For years, scientists have experimented with different light frequencies as a means of increasing visual acuity. We all know that light takes many forms, depending upon its frequency. Some of those forms are visible to the naked eye—what we call visible light—and some of them are not—such as infrared light and X-rays. But even though we can’t see X-rays, we know that if they are used properly, they can enable us to see things that would not otherwise be apparent to the naked eye. My process is just the same. I use infrared light to make visible what is there, but can’t be seen in the visible light spectrum.”

“That’s fascinating, Doctor. You should be congratulated for your pioneering research in this field.” Ben wondered if she was going to offer him the Nobel Prize on the spot. “Have you done any work with regard to the current case, the murder of Dwayne Gardiner?”

“Yes I have.”

“Please tell the jury what you’ve done.”

Grayson retook his seat, then adjusted himself to face the jury. “I was asked to examine the bite mark found by the coroner on the victim’s arm. The injury was clearly a bite mark, but the impression was not deep. To make matters worse, the burning of the skin in the area made any identification all the more difficult. Conventional identification techniques were of no avail.”

“So what did you do?”

“I used the ultraviolet technique I described for you earlier. Frankly, I was not optimistic. The damage to the skin was so extensive I wondered if even my special techniques would work. Happily, they did.”

“Were you able to make a dental identification?”

“I was. May I return to my charts?”

Judge Pickens nodded. Grayson retook his former position and pointed to the last remaining chart. “This is a record of the bite mark as it first appeared when the coroner discovered it. As you can see, the impression is vague in places and indistinct. It was not useful. But after being viewed through my special infrared process”—he overlaid a clear transparency that fit perfectly atop the principal chart—“it became this.” Jurors’ eyes widened, obviously impressed. What they now saw was an almost perfectly detailed row of teeth.

“Was this record sufficient to make a comparison?”

“It was. I obtained the dental records of the defendant, which the police had already subpoenaed. Watch what happens when I now lay his teeth on top of the enhanced bite mark.” Grayson overlaid yet another transparency, bearing another row of teeth, precisely on top of the other. As was almost immediately apparent, it was virtually identical.

“Dr. Grayson,” Granny asked, “in your opinion, does this constitute a match?”

“It most certainly does.”

“Then let me ask you the most important question. Would you say, based upon your extensive medical knowledge and analysis, that this bite mark was made by the defendant George Zakin?”

“Indeed and without a doubt.”

“Thank you, Doctor. I have no more questions.”

B
EN STRODE TO THE
podium cautiously, planning his approach. He would have to be careful with Grayson. He would love nothing more than to take the good dentist down a peg or two. But he knew it wouldn’t be easy; if nothing else, Grayson was a very smart man and a very experienced witness.

“Dr. Grayson, you mentioned that you have a private dental practice.”

“That’s correct.” He seemed perfectly at ease, more than willing to answer Ben’s little questions.

“But you don’t actually spend much time filling cavities these days, do you?”

“I’m not sure what you mean.”

“You spend most of your time now as a professional witness, don’t you?”

“Objection to the phrase,” Granny said. “It’s offensive.”

“I’ll rephrase,” Ben said, feeling gracious. “You spend most of your time testifying, right?”

“Well … I haven’t really kept time records on myself.”

“How many times have you testified in the last two years?”

“I don’t know exactly.”

“Well, I do.” Ben glanced down at the research Jones had faxed him that morning. “Twenty-seven times in the last two years. Does that sound about right?”

“I suppose so.”

“And every time for the prosecution.”

Grayson appeared nonplussed. “In my experience, defendants rarely want their teeth traced.”

That got him a brief titter from the jury box. Ben ignored it. “How much do you make when you’re hired to work on a case?” It varies.

“You don’t have a standard rate?” Ben glanced again at his notes. “Because I thought—”

“I get two hundred and fifty dollars an hour,” Grayson said. Ben noticed a few jurors reacting to that bit of information. “Sometimes I work at a discount, when there’s good cause involved.”

How noble. “The fact is, you’ve become so popular in the last few years as a witness for the prosecution that you don’t have to fill cavities anymore, right?”

“Yes.”

“You’ve developed a reputation as the man who can see what no one else can see.”

“I have been fortunate enough to participate in many successful prosecutions.”

“And prosecutors are always on the lookout for someone willing to say anything—if the price is right. Aren’t they?”

“Your honor!” Granny leaped to her feet. “That is grossly offensive.”

Ben cut off Pickens with a ready apology. “I’m sorry, your honor. I withdraw the question.” Might as well, he thought. The point is made. And he had a lot more ground to cover; he couldn’t afford to have Pickens go ballistic this early in the game.

“Dr. Grayson, would it be fair to say that your entire testimony hinges on the reliability of your blue-light special—that is, your infrared viewing technique?”

“I suppose.”

“Without this special technique, you’ll admit that it would be impossible to trace this bite mark back to my client—or to anyone else for that matter.”

“That’s true. That’s why I was called in.”

“Well then, since your entire testimony depends on the reliability of this procedure, let’s talk about it. Is there any precedent for this at all?”

“Of course. Scientists have been experimenting for years with the use of blue light to enhance visual acuity.”

“But no one else does what you’re doing.”

“It is a well-established scientific fact that skin fluoresces under a blue light.”

“Excuse me, Doctor. Normal skin fluoresces under a blue light. Damaged skin doesn’t. Right?”

Grayson tilted his head. “It seems you’re better informed than I realized, Mr. Kincaid.”

“Well, I try.”

“It is true that damaged skin doesn’t fluoresce.”

“And the bite wound you examined was extremely damaged, wasn’t it?”

“I was just mentioning that by way of example. My technique does not rely on skin fluorescence.”

“What does it rely on?”

“Well … of course, that’s very complicated.”

“Is there a book I could read on the subject? Some kind of documentation? ’Cause I have to tell you, I’ve looked, and I didn’t find any.”

“I … I have not published my research.”

“Because you want to keep this cash cow to yourself?”

Granny rocketed up. “Your honor!”

Pickens’s teeth were tightly clenched. “Mr. Kincaid, I will not put up with this abusive conduct in my courtroom!”

“Sorry, sorry. I’m just trying to determine why this pioneering scientific research has not been published.”

“I submitted it for publication,” Grayson said. “Three different medical journals. They all declined to publish.”

“Because they all thought it was a lot of hooey, right?” Ben looked up quickly. “That’s a scientific technical term, your honor.”

Pickens grunted his reply.

Grayson made a small coughing noise. “I attribute their hesitance more to professional jealousy.”

“Professional jealousy?”

“You have to understand—there still tends to be a bit of the ivory tower in the scientific community. Research is supposed to be pure; if it becomes profitable, then it’s tainted. Or so some believe. And as you pointed out yourself, my research has become quite profitable.”

Ben nodded. “I see. Is that why you were drummed out of the American Academy of Forensic Sciences?”

Grayson squirmed slightly. “As a matter of fact, it is.”

Ben glanced at his notes. “The stated reason for your expulsion was that you were, quote, ‘failing to follow generally accepted scientific techniques’ and ‘affirming scientific opinions that could not be verified or reproduced.’ ”

“I’m sure they said something like that. Nonetheless, my technique works, and they just can’t stand that.”