First degree - By David Rosenfelt Page 0,84

stand, the better. That's if we can get Hobbs to take the stand.

Tomorrow will be the key to the entire trial, and Kevin and I go over our approach until past midnight. Marcus calls to report that the subpoenas have been served and that Hobbs was furious to receive one. Marcus served that one personally. He thought the level of Hobbs's anger was pretty funny; the fact that Hobbs might well be a Green Beret killing machine did not intimidate him. If I ever meet someone who intimidates Marcus, I am going to be very afraid of that person.

Simply put, we have to make Hobbs look bad on the stand. So bad that suspicion gets cast on him and away from Laurie. We cannot prove that he murdered anyone, but we can prove some other facts, and the trick will be to get him to perjure himself by denying those facts. It's risky; if he detects our strategy, he can just admit to the facts and explain them away with minimal embarrassment. That would be it for our defense.

Which means that would be it for Laurie.

DYLAN HAS SMOKE COMING OUT OF HIS EARS when I arrive in court. He has been confronted by a roomful of potential witnesses that we have subpoenaed, none of whom were on our witness list. Which means he has not prepared for any of them.

Those witnesses consist of four members of the Paterson Police Department, including Pete Stanton, as well as three FBI agents. Two of those agents are Darrin Hobbs, who is angry at the imposition, and Cindy Spodek, who is secretly privy to our scheme and nervous about her crucial role in it.

Before the jury is called in, Dylan objects to the witnesses' appearance, based on our not having put them on our list, and also based on relevance. Hatchet agrees to hear argument on the matter, and I suggest that we might as well let the witnesses be in the courtroom to hear the argument themselves, as well as each other's subsequent testimony, should it be admitted. Dylan agrees, as I hoped and expected he would.

If we don't get these witnesses in, we are dead in the water. "Your Honor," I say, "these people were not included on our witness list because they are rebuttal witnesses, called to rebut the specific testimony of Captain Franks."

Hatchet is properly suspicious of my motivation here, since this is clearly overkill to rebut a relatively innocuous witness like Franks. "I didn't realize Captain Franks was that powerful a witness, nor that significant a part of this case," he observes dryly.

"Respectfully, Your Honor, I disagree. He portrayed Lieutenant Dorsey as cut down in the prime of life just before reaching sainthood. I believe these witnesses will paint a truer picture, and it is important for the jury to hear that truth."

"This is a delaying tactic, Your Honor," Dylan argues. "As well as an attempt to muddy the water and blame the victim. I urge you not to allow it."

I jump in before Hatchet can say anything negative to our side; this is not an issue I can be passive about. "Your Honor, it is entirely possible that all of these witnesses will not be necessary. And if you determine that I am not eliciting significant and relevant facts, you can stop me in my tracks with a ruling."

Hatchet stares another hole through my forehead. "Are you saying you will abide by my future rulings? Is that your idea of a concession?"

He's caught me; I can't help smiling. "No, Your Honor. I am saying that you will find I would never waste the court's time."

Hatchet lets the witnesses testify, putting me on a short leash by announcing he will not let this drag out if he feels it's repetitive. He also takes pains to confirm that I am not using Hobbs's presence as a backdoor attempt to get in the FBI report that he has already ruled out. I feign horror at even the prospect of it.

I do have another request of Hatchet. "Your Honor, if we call Special Agent Hobbs, I would like to qualify him as an adverse witness. He has been antagonistic toward the defense throughout these proceedings."

Qualifying a witness as adverse, or hostile, allows me to question him as if it were a cross-examination, giving me the leeway to ask leading questions. At this point the request does not seem to be a big deal to Hatchet or Dylan, and it is granted without