were wiped out. That’s the reason you and the boys made deep tracks, and the same reason that Chase’s prints were gone. Do you agree that this is possible?”
Kya nodded slightly—her first reaction to testimony since the trial began. Many times she’d seen marsh waters swallow yesterday’s story: deer prints by a creek or bobcat tracks near a dead fawn, vanished.
The sheriff answered, “Well, I’ve never seen it wipe out anything so complete as that, so I don’t know.”
“But, Sheriff, as you said, you’re the expert, trained in footprint examination. And now you say you don’t know if this common occurrence happened that night or not.”
“Well, it wouldn’t be that hard to prove one way or the other, would it? Just go out there at low tide, make some tracks, and see if they are wiped out when the tide comes in.”
“Yes, it wouldn’t be that hard to determine one way or the other, so why wasn’t it done? Here we are in court, and you have no proof whatsoever that a person wiped away footprints to cover a crime. It’s more likely that Chase Andrews did leave prints under the tower and that they were washed away by the rising groundwater. And if some friends had been with him to climb the tower for fun, their footprints would have been washed away as well. Under these very likely circumstances, there is no suggestion whatsoever of a crime. Isn’t that correct, Sheriff?”
Ed’s eyes darted left, right, left, right, as if the answer were on the walls. People shifted on the benches.
“Sheriff?” Tom repeated.
“In my professional opinion, it seems unlikely that a normal cycle of rising groundwater would completely wash away footprints to the extent that they disappeared in this case. However, since there was no sign of a cover-up, the absence of footprints does not, by itself, prove there was a crime. But—”
“Thank you.” Tom turned toward the jury and repeated the sheriff’s words. “The absence of footprints does not prove there was a crime. Now, moving on, Sheriff, what about the grate that was left open on the floor of the fire tower? Did you examine it for Miss Clark’s fingerprints?”
“Yes, of course we did.”
“And did you find Miss Clark’s fingerprints on the grate or anywhere on the tower?”
“No. No, but we didn’t find any other fingerprints either, so . . .”
The judge leaned over. “Only answer the questions, Ed.”
“What about hair? Miss Clark has long black hair—if she had climbed all the way to the top and was busy on the platform, opening a grate and such, I would expect there to be strands of her hair. Did you find any?”
“No.” The sheriff’s brow glistened.
“The coroner testified that, after examining Chase’s body, there was no evidence that Miss Clark was in close proximity to him that night. Oh, there were those fibers, but they could have been four years old. And now, you’re telling us that there is no evidence whatsoever that Miss Clark was even on the fire tower that night. Is that a correct statement?”
“Yes.”
“So we have no evidence that proves Miss Clark was on the fire tower the night Chase Andrews fell to his death. Correct?”
“That’s what I said.”
“So that’s a yes.”
“Yeah, that’s a yes.”
“Sheriff, isn’t it true that those grates on top of the tower were left open quite frequently by kids playing up there?”
“Yeah, they were left open sometimes. But like I said earlier, it was usually the one you had to open to climb on top, not the other ones.”
“But isn’t it true that the grate by the stairs and occasionally the others were left open so often and considered so dangerous that your office submitted a written request to the U.S. Forest Service to remedy the situation?” Tom held a document out to the sheriff. “Is this the official request to the Forest Service on July 18 of last year?” The sheriff looked at the page.
“Yeah. That’s it.”
“Who exactly wrote this request?”
“I did it myself.”
“So only three months before Chase Andrews fell to his death through an open grate on the fire tower, you submitted a written request to the Forest Service asking them to close the tower or secure the grates so that no one would be hurt. Is that correct?”
“Yeah.”
“Sheriff, would you please read to the court the last sentence of this document that you wrote to the Forest Service? Just the last sentence, here.” He handed the document to the sheriff, pointing at the last line.