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

He matched the description given by witnesses and was taken in for questioning. At that time a sample of Pearl’s DNA was taken. When all the DNA collected matched that of Ronald Pearl he was arrested for the murder of Wanda Brewer. Question. Was Pearl, giving a sample of his DNA voluntary?” Adam made a mental note to ask Pearl when they talked at the County Jail.

After the waitress brought his order he took his time adding creamer and sugar to his coffee and as he continued to stir his mind once again began to work. “DNA evidence while not absolute, in my mind I considered it very, very convincing to a jury I must research any and everything I can find in relation to the subject. You can bet Belcamp will produce experts on the topic. I must be ready to cross-examine and be able to rebut.”

Later, Bader left a dollar tip for the waitress. He picked up the paper bag containing a Styrofoam cup of coffee and a danish along with the check and walked to the cashier. There he paid his bill and after placing his sunglasses on walked out on to the sidewalk. He crossed the street and walked to the rear of the court house to the entrance of the county jail. Entering the building he identified himself and requested that Ronald Pearl be brought to him. He was then taken to a room where the lawyer and his client could meet and talk.

Adam entered the small room. Before he sat down he walked slowly around checking the walls and ceiling for any signs of a listening device or hidden cameras. Satisfied that there were none he took a seat at a table, placed his brief case along with the paper bag holding the Danish and coffee. He opened the brief case and took out a large yellow, blue-lined writing tablet and a ballpoint pen. He looked up when the door opened and Ronald Pearl entered the room followed by a deputy. Pearl was handcuffed.

“You can remove his handcuffs. I’ll assume responsibility,” said Bader.

The deputy removed the handcuffs and left the room. Pearl stood for a moment and rubbed his wrists then took a seat at the table. “Thank you,” he said.

“For what? Telling him to remove the handcuffs or for the coffee?”, asked Adam.

“Both.”

“You’re welcome. They were out of doughnuts. I got you an apple danish.”

“That will work.’

“Then, help yourself and enjoy. While you’re eating we’ll talk.’

“Cool.”

“ First of all, when the police took you in for questioning did they ask you for a DNA sample?”, asked Adam.

“Yes.”

“Did you give them a sample?”

“Yes”.

“Why?”

“Because I didn’t do anything wrong.”

“Let’s step back a moment. Did they read you your Miranda Warning Rights?”

“Yes.”

“Before or after you gave the DNA sample?”

“Before.”

“OK. How old are you?”

“I just turned thirty.”

“What is your date of birth?”

“I don’t know for sure. Supposed to be July fourteen in 1986.”

“You don’t know your birthday?”

“Not for sure. I was adopted. Mother Pearl always had a birthday celebration for me on September, nine. That was the date she adopted me. They stopped when she died. The foster homes I went to never asked me and there weren’t any birthdays after that.”

“What's your occupation?”

“I'm a short order cook at Sally's Diner.”

“Who is your boss?”

“Sally Burns.”

“How long have you worked there?”

“Bout three years.”

“I see. Do you like to fish?”, asked Adam.

“Don’t know. Never done it.”

“How far is it from Sally’s Diner to the Mullica River?”

“Don’t actually know. Two maybe three miles.”

“Do you know Wanda Brewer?”

“Nope.”

“Do you know what DNA is?”

“As far as I know it got something to do with cells and genes and no two people have the same kind.”

“Close enough. Now, can you tell me how your DNA, consisting of your cells and genes was found on the throat and clothing of Wanda Brewer?”

“Nope.”

“Think hard Ronald.”

“Only thing I can think of is that somebody put it there.”

“Now who could that be?”

“Don’t know.”

“You just told me that no two people have the same cells and genes. If you believe that then how could someone put your DNA on Wanda Brewer?”

“Don’t know.”

“Have you ever been arrested before being arrested this time?”

“No sir.”

“I want you to listen to me. Pay attention to everything I say. Mister Belcamp, the Prosecutor offered you a deal. It’s called a plea bargain. Here’s how it works. You plead guilty to the second-degree murder of Wanda Brewer and he will see that you serve fifteen to thirty years with a guarantee that you’ll be out in fifteen. That means right now you’ll walk when you’re forty-five years old. What do you think?”

“No way man. I didn’t do it.”

“OK. Next and again listen very closely and don’t bullshit me. Belcamp will be coming after us with everything he has, police reports, lab reports, witnesses that place you near the crime scene, DNA results and expert witnesses that back up everything he has. He also knows the answers to any questions he asks in court. In order to contest him in court I, like him must know the answers to any questions I might ask. So I’m going to ask the major question. Did you kill Wanda Brewer?”

“Mister Bader, I didn’t do it.”

Chapter Two

Research

 

Adam Bader sat At the desk of Walter Cummings. Cummings was in charge of assignments. “Alright, let me have it. How was your first day in court?,” Walter asked.

“ Right now I’d say that Belcamp has me by the balls,” Bader replied.

“How so?”

“ He’s holding all of the cards, in particular, DNA that matches Ronald Pearl.”

“Did he offer you a plea bargain?”

“Yes, fifteen to thirty years, out in fifteen .”

“And?”

“I told him, no, but would keep his offer in mind.”

“Did you mention this to Pearl?”

“Yes.”

“And?”

“He rejected it. He claims he’s innocent.”

“What do you think?”

“ I told him not to bullshit me but his guilt or innocence is no concern to me. Defending him is my main concern at the moment.”

“I see. Do you still want this case?”

“Yes.”

“Any ideas on how to defend him?”

“No, except I’m going to have to read and research everything I can but my hands on related to DNA.”

“Help yourself to the law library.”

“Thank you.”

“You’re welcome. I suggest you read everything you can about Barry Sheck and his “Innocence Project.” Cummings advised.

That evening Adam carried a heated frozen meal from the microwave oven to his kitchen table. He then sat down and before eating opened a book containing DNA information from the National Human Genome Research Institute. “What is DNA?”, he read. “The answer lies in the molecule called deoxyribonucleic acid (DNA) which contains the biological instructions that make each species unique. DNA along with the instructions it contains is passed from adult organisms to their offspring during reproduction.”

Taking a fork full of macaroni and cheese and after placing the food in his mouth he continued to read. “During DNA replication DNA unwinds so it can be copied. At other times in the cell cycle DNA also unwinds so that it’s instructions can be used to make proteins and for other biological processes. But during cell division DNA is in its compact chromosome form to enable transfer to new cells.”

Adam closed the book. “It’s no wonder prosecutors win cases when they use DNA as evidence. They introduce the fact that the defendants DNA was found at the crime scene or on or in the victim then explain to the jury just what DNA is and how it works.

The average citizen sitting in the jury box even if paying strict attention to what is being said and described would lose interest in about five minutes and wouldn't know any more about DNA after being addressed. The prosecutor knows this and then delivers the clincher. “The facts are that a DNA match proves the defendant's guilt is primarily based on the assumption that the probability against one individual DNA matching another is in the hundreds or millions or billions depending on who is crunching the numbers.”

Continuing in deep thought Adam sat back in his chair.

“Interesting but nothing is perfect. There has to be a defect somewhere. Where is it?” He continued reading. “However, as overwhelming as these figures may seem, it’s still possible to whittle them down too far less overwhelming odds if it can be shown that the methods used by the laboratories doing the testing were flawed in some manner.”

Excited, Adam quickly got up out of his chair and walked quickly into his living room. There he sat down at his desk and wrote about the possibility of laboratories making mistakes.

After returning to his kitchen he continued eating his meal. “What was it that Pearl said when I asked him how his DNA was found on Wanda Brewer's skin and clothing? Oh yes. He said, I don’t know, someone must have put it there. Adam opened a brochure titled, “ Experienced Criminal Lawyers” and read. “New reporting explains just how easy it is for a forensic technician with a little skill to manipulate and even manufacture false evidence. Experts claim that DNA is much easier to plant than fingerprints.

According to forensic scientists who analyze DNA for a living, there are at least two possible methods to create false evidence. One can capture real DNA in the form of hair, skin or other cells and plant it at the scene of a crime. Or it may be possible to actually manufacture false DNA or DNA with deceptive markers.

The most dramatic scenario would be that planted evidence could be used to frame an innocent person. But more simply, it’s easier to imagine planting misleading DNA samples that a defense attorney could use to establish reasonable doubt about what happened and who was there.”

Adam closed the pamphlet. “Interesting but Belcamp is too professional to come into court knowing his case was built upon false or manufactured evidence. The police? I doubt it. Still, the question does remain. How did Pearl’s DNA end up on Wanda Brewer? I’ll have to figure that out later. Right now I have to come up with a defense strategy.”

Bader got up from the kitchen table, picked up the now, empty, black, plastic container that once held the frozen meal and walked to where the trash basket sat under the sink and dropped it inside. After placing the used silverware and empty coffee cup in the dishwasher he walked again into the living room and sat at his desk. “ Strategy, strategy. Where to begin?,” he thought to himself. “Right now the greatest problem facing me is Pearl’s DNA being found on the victim. One thing is certain Belcamp will come at me with consistency. Yet, Pearl can’t or won’t offer any reason on how it got on the victim. As a result, there is no way at present on how to rebut Belcamp’s statements to the jury. At the same time, Pearl has no alibi. Wait! I missed noticing the date and time of death.

Adam quickly made notes. “ Check coroners and pathology reports.” “Now, so far, I believe Pearl but I’ve got to make certain, particularly when it comes to his background. First, his arrest record. Next, his claim to being adopted. As for his court and arrest records, I should be able to do that on the computer. It’s just a matter of tapping into the state or county courts website. To be on the safe side I’ll use the office computers. I know that we’re already into PACER (Public Access To Court Electronic Records).

The next morning Adam entered the office, walked to his desk and placed his brief case on the floor. Then, after sitting down turned on the desk top computer. He waited patiently as it booted up and at the same time removed a notepad and ballpoint pen from the desk drawer. When the computer was ready Adam typed, “NJ Criminal History Records Information.” Once on the New Jersey State Police website he next clicked on “Accessing CHRI. When that information appeared he found that as an attorney he had to subpoena