Counterpart - Robert F. Clifton (uplifting novels .TXT) 📗

had to be between seven thirty or eight in the morning.”

“Do you remember what he ordered?”

“Yes, it's always the same, scrambled eggs, bacon, toast and coffee.”

“And that order was prepared in the kitchen?”

“Yes, of course.”

“And when it was prepared the cook called for you?'

“Yes.'

“Then what did you do?”

“I entered the kitchen picked up the order with my right hand and the check with my left hand and carried it to the counter and placed it in front of Officer Benson.”

“I see, and what did Officer Benson do then, if you remember?”

“He moved the plate closer to himself.”

“Why would he do that?”

“I imagine so as not to spill or drop food particles on his uniform,” said Jane Squires.”

“Thank you, Miss Squires. No further questions your honor,” said Bader.

“Mister Belcamp you may cross,” said the judge.

“No questions your honor,” said Belcamp.

“Alright, then Mister Bader call your next witness,” instructed Judge Taylor.

“We call Doctor Harvey Kramer,” said Bader.

After Doctor Kramer took his seat in the witness stand Adam said, “Doctor please tell the court just what your credentials are.”

“ I have a doctorate degree in biology from Princeton University and a doctorate degree in genetics from the University of Maryland.”

“And what is your current occupation or position?”, asked Bader.

“I'm retired.”

“From what and where Sir?”

“I was a professor at Winslow College. I'm now retired.

“Now it is my understanding that while at Winslow College you did write and submit a paper on the mistakes made in DNA testing. Is that correct?”

“Yes, it is and I did.”

“If you can please tell the court what your submitted paper was about.”

“ I became interested when I noticed a number of criminal convictions were being made using DNA as positive evidence. Then the F.B.I. publicly announced that they had discovered mistakes made in one hundred and seventy profiles.

That then set me to thinking that if the Federal Government admitted that errors were made, how many have occurred in State, county and city laboratories?” So, I wrote and submitted a paper on the subject”.

“And was there any results after you submitted your work sir? Adam asked.

“In a way. New York City's Medical Examiner stated that the capacity for human error is ever-present.”

“What is the effect of a mistake in a DNA profile, sir?”

“ Errors have the effect of obscuring clues, which then blind investigators to crime scenes and known offenders,” said Kramer.

“Error blinds the investigator. How interesting. I want to ask you about the transfer of one's DNA to another. The court has heard testimony that the plates served at a diner were touched by

first, a dishwasher, second a cook, third by a waitress and finally by a police officer who later touched the dead body of a murder victim. My question sir is what should the examiners in the laboratory have been looking for?”

“ They should have discovered many more DNA profiles other than just one,' said Doctor Kramer.”

“And if the DNA left on a dinner plate by a cook and then that plate is touched by a police officer who then touches a dead body what is happening in regards to a DNA sample?”

“The police officer is unwittingly transferring any or all DNA from the plate to the victim.”

“Thank you, sir. I ask you to remain at court as I will need to call you back to the witness stand later. No further questions at this time your honor,” said Bader.

“Mister Belcamp?,” asked the judge.

“No questions your honor,” said Belcamp.

“Very well. The court will recess until one PM.”

“All rise! Called the bailiff.”

During lunch, Adam asked Nancy, “What have you seen so far from the jury?”

“Right now, they're hard to read. I think you scored with Doctor Kramer on the stand,” she answered.

“Good. I hope to score better when I get him back in the chair,” Adam replied.

At one PM Judge Taylor convened the court and said,”Mister Bader you may continue.”

“Thank you, your honor. We call Martin Sawyer.”

Sawyer walked to the witness stand and like those before him took the oath and was then seated in the witness chair. Bader stood silently studying the man. Then, he began his questioning.

“Mister Sawyer correct me if I'm wrong but you have told the court and members of the jury that on June 21, 2015, you saw a black man fishing on the banks of the Mullica River. Is that right?”, asked Adam.

“Yes, it is.”

“And, I'll ask you again is the man you saw that day here in the courtroom?”

“Yes. He's sitting at the defendant's table,” Sawyer replied.

“And you are positive?”

“Absolutely.”

“Very good. Now, I want you to look at this photograph and tell me if you recognize anyone,” said Bader handing an eight by ten-inch gloss black and white photograph to Sawyer.

Martin Sawyer held the photo in his hand looked at it then handed it back to Bader saying, “ That's a picture of the defendant.”

“You are sure?” asked Bader.

“Positive.”

“And, is the man in the photograph the same man you saw fishing on June 21, 2015?”

“Yes, it is,” Sawyer answered.

“Objection! The photograph presented to the witness is not mentioned and we have not received a copy under the rules of the right to discovery,” said Belcamp.

“Mister Bader do you care to explain why the State has not received this evidence?” asked Judge Taylor.

“I will try your honor. A copy of the photograph and related documents were mailed to the County Prosecutor's Office on September 30, 2016. We have the postal receipt if it pleases the court. However, we can at this time give the State copies of the photograph and all documentation in relation to the picture if the State desires,” said Adam.

“Does the State desire copies Mister Belcamp?” asked the judge.

“Yes your honor and time to study them,” Belcamp responded.

“Court will be in recess for one hour,” said Judge Taylor.

“All rise! Called the bailiff.

Nancy whispered to Adam, “You didn't mention that you mailed them book rate.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Nine

Counterpart

 

One hour later, Judge Taylor said, “Court is now in session. Mister Belcamp have you had enough time to review the new evidence submitted by the defense?”

“Yes your honor,” Belcamp answered,

“Any problems?”, asked the judge,

“No sir,” Belcamp replied.

“Very well. I assume that there won't be any more problems with evidence under the right to discovery Mister Bader,” said Judge Taylor.

“There shouldn't be sir,” Bader replied.

“Very well. You may call your next witness,” said the judge.

“Thank you, sir. We call Alice Townsend to the stand,” said Adam.

Like with the other witnesses Bader waited until the formality of a witness being sworn was completed and then began his questioning. “Miss Townsend The court has heard your testimony about seeing a Black man fishing on the banks of the Mullica River on June 21, 2015. At the same time, the court is aware that you pointed to the defendant, Ronald Pearl in this courtroom as being that man. What I would like you to do is examine this photograph and tell me just who you believe it is.”

Alice Townsend looked at the photograph, handed it back to Bader and said, “It is a picture of the defendant.”

“And you're sure?”, asked Adam.

“Yes, positively,” the woman answered.

“Next I want you to read this correspondence received from the New Jersey State Police if you will,” said Bader handing Alice Townsend the document.

The woman began to read. “At your request under the proper subpoena, we are sending you the following: The arrest record on Thaddeus Lofton, convicted of Larceny and sentenced to three years in the penitentiary. The sentence was served at Trenton State Prison. Enclosed please find a photograph of the subject, arrest record and copy of fingerprints.” Alice Townsend handed the letter back to Adam.

“After reading that correspondence to the court please tell the court what the State Police identifies the photo to be that you have stated is of the defendant, Ronald Pearl,” Bader instructed.

“According to the State Police the photograph is one of Thaddeus Lofton,” she said.

“Thank you, Miss Townsend. No further questions ” said

Adam.

“Mister Belcamp? ” asked the judge.

“No questions, your honor.”

“Very well. Mister Bader, continue.”

“We call Doctor Harvey Kramer back to the stand your honor,” said Adam.

“As Doctor Kramer walked towards the witness stand Judge Taylor said from the bench, “You are still sworn, Doctor.”

Adam approached the Doctor and said, I would like to question you again sir about the subject of DNA. In particular, DNA as it deals with twins. Would you please tell me and the court about the difference of any that might occur?”

“Certainly. First, we must consider and ask what kind of twins. Most often the birth of fraternal twins is the norm. Fraternal twins are the result of two eggs being fertilized in the womb at approximately the same time where they then develop. The other type of twins is identical twins. These are the result of a fertilized egg splitting n two in the womb where they also then develop,” said Kramer.

“Is there a scientific name for identical twins sir? ” asked Bader.

"Yes, monozygotic is what is later defined as identical twins,” said the Doctor.

“I see. My next question sir is what is the difference in a DNA profile regarding fraternal twins and identical twins?”

“The difference is that the fraternal twins will each have their own particular DNA profile. On the other hand, the identical twins will have identical DNA profiles.”

“Meaning that the DNA left on the clothing and skin of Wanda Brewer could have been left by Thaddeus Lofton?”

“Objection. Counsel is leading the witness,” said Belcamp.

“Your honor I am merely attempting to have a witness further explain the subject of DNA. DNA appears to be the foundation of the States case against my client,” said Bader.

“Overruled,” said the judge.

“Do you need me to repeat the question Doctor?” asked Adam.

“No. If Thaddeus Lofton is the identical twin of Ronald Pearl then it is indeed possible that Lofton could leave DNA on the victim that is identical to Ronald Pearl's DNA.”

“Can there be any doubt when it comes to the similarity of DNA in identical Twins? ” asked Bader.

“Not unless one questions the fact that the DNA found in identical twins is ninety-eight point ninety-nine percent,” Kramer answered.

“ I would now like to return to the subject of mistakes made in DNA testing. You have already testified that mistakes are made. Could you elaborate Doctor?,” Adam asked.

“Of course. The New York Police Department had to reexamine eight hundred rape cases because of a mistake made by a laboratory technician. The San Francisco Police Department had to review fourteen hundred cases due to misconduct of a lab technician. The F.B.I. found that nearly every examiner gave flawed testimony in trials. Due to corruption in South Africa samples had to be retested and in India, they found that there was a lack of expertise,” Kramer stated.

“Then it is possible that mistakes were made in testing the DNA profile that the State says comes from Ronald Pearl,” said Bader.

“The fact that no DNA belonging to the dishwasher, the waitress, and the police officer was found indicates to me that serious mistakes were made,” said the Doctor.

“Anything else sir?”

“ Only that in the year 2014 three hundred and sixteen people were exonerated because of mistakes made in DNA testing,” Kramer related.

“Thank you, Doctor. No further questions” said Bader.

“Mister Belcamp, you may cross-examine,” said Judge Taylor.

“Thank you, your honor. I only have one question. Doctor, you have testified as to how mistakes are made in DNA testing. You even have the statistics about what cities in the United States and the number of police cases that had to be re-examined. Then you went on to mention foreign countries that also have or had problems in DNA profiling. Can you tell the court the number of successful convictions have been made as a result of DNA testing?”

“No, I can't”, said Kramer.

“No further questions,” said Belcamp as he walked back to his table.

“Mister Bader? ” said the judge.

“Your honor the defense rests,” said Adam.

“Very well. The court will be in recess for the next hour. When in session again both counselors will give their closing arguments,” said Judge