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

tell the court in layman’s term just what is DNA?”

“I' ll try. DNA or deoxyribonucleic acid is located in the nuclei of cells that make up the body. Therefore it can be considered to be the building blocks of the body.”

“Would you please tell the court just how DNA is identified Doctor,” said Belcamp.

“Certainly. DNA is identified by using the procedure of removing and isolating the DNA from an unknown source and at a later time from a sample from a known source or donor.”

“I see. Is there anything else?”, asked Belcamp.

“Oh yes. The comparison and explanation of the test results from the known and unknown is then used to determine if the known individual is or is not the source of the DNA. In this case the DNA left on the victim.”

“Anything else Doctor?”, asked Belcamp.

“One should be advised that the probability that any two individuals having the same DNA profile is one in one billion or greater,” said the Doctor.

“I see. Thank you, Doctor. No further questions ” said Belcamp.

“Mister Bader, you may cross-examine if you wish,” said Judge Taylor.

“Thank you, sir. Now, Doctor Elco. You just testified that one of your accomplishments in your field of professional study was the use of radio rays to study RNA which decodes DNA. Is that correct? ” asked Bader.

“That's correct,” Elco answered.

“Let me ask you. Did anyone else work on that project with you?”

“Yes.”

“Does the name, Regina Gallo mean anything to you?”

“Yes.”

“Please tell the court just what the connection was or is between you and Regina Gallo,”

“Regina Gallo was an undergraduate student who worked on the RNA project with me,” Elco replied.

“I see. Doctor, I have read your paper in relation to that particular study of RNA. Yet, I fail to find anyone that worked with you mentioned for their contributions. Why is that?”

“Truthfully, they made no contributions,” Elco responded.

“Oh, they must have. Isn't it true that at this very moment Regina Gallo and you sir are engaged in a civil suit? Isn't it due to the fact that you left her out of the notability of the success of the project including the salary she was entitled to with the grant obtained for the study? ” asked Bader.

“Objection Immaterial! Said Belcamp loudly.

“Sustained,” said Judge Taylor.

“I withdraw the question. No further questions,” said Bader as he walked back to the table.

“Court will now recess for lunch. We will resume at one PM,” said Judge Taylor.

“All rise!”, said the bailiff.

At lunch, Nancy took a bite from an egg salad sandwich and after chewing and swallowing said to Adam, “Where did you get the information about Elco and Regina Gallo?”

“In a telephone conversation I had with Doctor Kramer,” Bader answered.

“Well, if you ask me, Belcamp produced him as his expert and you exposed him as a cad,” Nancy replied.

“That was the idea.”

“Now what? ” she asked.

“I don't know. If Charlie Belcamp has any more witnesses for the state I don't know who they are or what they could say,” he answered.

“I've been watching the jury. They're hard to read. Still, you haven't presented your defense. From what you've told me you might be able to sway them.”

“ I get the feeling that Belcamp only has one more witness

or witnesses to put on the stand. Watching him I think he'll try to get to the jury through sympathy. According to what he produced under the right to discovery, he'll put the Brewers on the stand.”

“Smart, if you challenge their testimony you come off looking bad,” said Nancy.

“Only if I let him, my dear. Only if I let him.”

When court convened Judge Taylor looked down from the bench at said, “Mister Belcamp you may proceed.”

“Thank you, your honor. The State calls Andrew Brewer to the stand.”

After the man was sworn and seated Belcamp began his questioning. “Mister Brewer please tell the court about your daughter, Wanda Brewer. In particular her interest in running and her habits while doing so.”

“ Wanda became interested in running in high school. As a freshman, she went out for Track and participated on the cross country team. To stay in condition when the track team was out of season she would run or jog if you will on the trail at Mullica Run.”

“I see and just how long did she do this?”

“For four years.”

“Four years. How did she get to the jogging trail?”

“I drove her there until she was seventeen and she got her drivers license.”

“When you drove her there, did you go directly to the trail?”

“No. Wanda had practiced carbohydrate loading. This is done to produce energy in the body for stressful, athletic events, such as long-distance running. She would either have a large breakfast at home before leaving the house to run or stop at Sally's Diner and have breakfast there.”

“When she was able to drive legally did she continue to practice carbohydrate loading?”

“Yes.”

“And, did she continue to stop at Sally's Diner?”

“Yes.”

“How do you know this?”

“Two ways. First, she told me. Second, she would always take a thermos bottle with her and had it filled with either coffee containing a large amount of sugar or sometimes, hot chocolate.”

“And finally sir, what things did Wanda plan to do with her life?”

“She had applied for and received admission to Temple University. She wanted to be a teacher,” said Andrew Brewer.

“No further questions,” said Belcamp.

“Mister Bader you may cross,” said Judge Taylor.

“No questions your honor,” said Adam.

“In that case, the State rests,” said Belcamp.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Eight

Defense

 

“Mister Bader, you may proceed,” said Judge Taylor.

“Thank you, your honor. We call Detective Leonard Mullen to the stand.” Adam waited patiently while the detective walked slowly to the witness stand, raised his right hand and was sworn. When he was ready Bader began his questioning. “Detective Mullen how long have you been employed by the Township Police Department?,” he asked.

“Thirteen years.”

“And during those thirteen years how many did you serve as a detective?”

“The last three years.”

“Now, I assume that you like every other police officer in New Jersey has to be certified by attending training and graduating from an accredited police academy. Isn't that correct?”

“Yes.”

“Please tell the court your assignment in the Township Police Department after you graduated from the police academy.”

“I was assigned to the patrol unit.”

“And how long did you stay in the patrol unit?”

“Ten years.”

“Ten years. During those ten years, how much time were you engaged in criminal investigation or any training programs, classes, seminars or even correspondence courses related to criminal investigations.”

“None.”

“None. Alright, none. Tell me then the rules either written or unwritten related to the identification of a suspect in a police lineup,” Bader instructed.

“Off hand, as I recall the subject should be placed with others similar to his appearance such as height, weight, things like that,” said Mullen.

“The defendant, Ronald Pearl wasn't placed in a police lineup, was he?”

“No sir.”

“How was he identified as the assailant of Wanda Brewer?”

“Witnesses reported seeing a man fishing on the banks of the Mullica River on the day of the murder. At the same time, we had recovered a paper bag with the logo, “Sally's Diner”. We then went to the diner and found that Ronald Pearl a cook at the diner matched the description given by the witnesses.”

“I see and then you had him give a DNA sample. Is that correct,” asked Bader.

“That's correct.”

“Did Ronald Pearl protest, argue or hold back or did he give his DNA sample willingly?”

“I'd say willingly.”

“When you went to Sally's Diner that day you mentioned. Where did you find the defendant?”

“In the kitchen.”

“How many other Black men were in that kitchen?

“ None, only Pearl.”

“Only Pearl. No further questions,” said Adam.

“Mister Belcamp, your witness,” said the judge.

“No questions your honor.”

“You may call your next witness Mister Bader,” said Judge Taylor.

“Thank you, your honor. We call Sally Burns to the stand,” said Adam.

After Sally was sworn she sat looking at Adam, not knowing exactly what he was going to ask. He opened his questioning with a greeting. “Good morning Miss Burns. It is Miss Burns is it not?”, he asked.

“It is.”

“I'll try to be as brief as possible. My question is how long has Ronald Pearl been employed at your establishment?”

“A little over three years,” Sally answered.

“And during that time what kind of an employee was he?”

“Excellent. He was or is my short order cook. He does his job and never has created any problems,” she said.

“Now then, Ronald Pearl is an Afro-American. How many other Black employees do you have?”

“None. Just Ronald.”

“Why is that?”

“None have applied for work and currently I do not need any more help, white, black or yellow.”

“I see. Thank you, Miss Burns. No further questions,” said Adam.

“Mister Belcamp,” said the judge.

Belcamp stood behind a table and said,” Miss Burns could you tell the Court what you know about the date of the murder of Wanda Brewer?”

“As I recall t was on June 21, 2015.”

“Do you remember what day it was?”

“Yes. It was a Sunday, Burns replied.

“And what is Ronald Pearls days off at your diner?', asked Belcamp.

“He is off on Sunday's”

“Thank you. No further questions ” said Belcamp.

“Call Homer Atkins,” said Bader.

Atkins, like those before him, was sworn and seated.

“Mister Atkins for the record how old are you?,”, Adam asked.

“I'm nineteen,” said Homer

“And where are you employed?”

“Sally's Diner.”

“In what capacity?”

“I'm a dishwasher.”

“Interesting. I too was a dishwasher. I did that to work myself through college and law school. So you and I have something in common. Could you tell me and the court what kind of dishes you wash?,” asked Bader.

“White heavy oval, round dishes, and mugs. Then of course pots and pans used by the cooks.”

“Tell me about the oval dish or plate.”

“The oval plate is used a lot for the breakfast crowd. The large round plate is used for mostly at dinner time.”

Alright, now correct me if I'm wrong. You go into the dining room where the waitresses after clearing the counter or tables place dirty dishes in a bin or container. Is that correct?”

“Yes, sir.”

“Then, you carry the bin or container back into the kitchen place them in the sink, return the bin to the dining room and after again returning to the kitchen begin to wash them.”

“No, first I scrape them and whatever I scrape goes into the garbage can.”

“I stand corrected. Now, after you wash the dishes I assume you then dry them,” said Adam.

“Yes, I do.”

“Now, what do you do with the dried dishes?”

“I place them either on the shelf near the grill or on the cutting table next to the grill. Depending on just how busy we are.”

“Why in that location?”

“That way the cook can reach up or over pick up a plate and place the finished order on the plate.”

“What does he do then?”

“He turns and places the plate of food on another shelf, one facing the dining room along with the order slip and calls for the waitress to pick it up.”

“Now when he turns and places the order for the waitresses how is he holding the plate with the food?”

“Thumb on the edge of the plate, fingers under it.”

“Thank you, Mister Atkins. No further questions.”

“Mister Belcamp?.” asked the judge.

“No questions your honor.”

“Very well, Mister Bader, you may continue.”

“Thank you, sir. We call Jane Squires,” said Adam.

Jane Squires, small, petite and nervous walked quickly to the witness stand and like all the others was sworn and seated.

Adam looked at the young woman and asked, “Is this your first time in court?”

“Yes, it is,” Squires answered.

“ Just relax and tell the court where you are employed,” said Adam.

“I'm a waitress at Sally's Diner,” the woman answered.

“Were you working on the morning of June 21, 2015?”

“Yes, I was.”

“Do you know George Benson?”

“Yes, I do.”

“How so, may I ask?”

“He is a police officer and a frequent customer.”

“A frequent customer. Does that mean he comes everyday or once or twice a week?”

“Usually he is a breakfast customer when he works the seven AM to three PM shift.”

“I see. Was he a customer on the morning of Sunday, June 21, 20015?”

“Yes, he was.”

“What time did he arrive at the diner?”

“It