to get in and I assumed he must have pulled some strings to get a seat.
When the bailiff came in, the room hushed. He called the room to order. Everyone stood. Then he held the door open as Judge Atkinson stepped inside. The Judge’s gray head poked up from his black robe and he hovered at the bottom of the stairs, surveying the packed courtroom before ascending the steps up to the bench. He spoke as he eased into his chair. “Please, be seated.” There was a dull clamor as everyone obeyed.
There was little in the way of beginning. The Judge announced the name of the case. Carver and Anthony Griggs, the State’s attorney, introduced themselves. Then the Judge nodded at Carver and said, “You can begin whenever you’re ready.”
Carver stood, tan and relaxed from his weeks in Provence. He left his notes on the table and walked to the podium in the center of the courtroom.
“Thank you, your Honor.” Carver straightened his glasses and cleared his throat. “This case arises from what we contend was the improper conviction of Mr. Steele for the murder of his wife twelve years ago. Had the jury been presented with all of the evidence that we believe a reasonably competent attorney would have uncovered and presented to a jury, there can be no doubt that the outcome of the trial would have been different.”
The Judge leaned forward, “Let me stop you there, Mr. Carver. Wouldn’t you concede that the evidence at trial was sufficient to sustain a conviction?”
“Well, your Honor, we’re here today because the jury clearly believed the evidence was sufficient for a conviction. But the jury only saw the pieces of evidence that made it possible to convict Steele. They did not see the evidence offered today, the evidence that we have so easily uncovered and that draws a direct link between Mr. Bishop and the murder.”
“But surely, the jury wouldn’t have convicted him unless they believed he did it,” the Judge responded.
“I believe juries do the best they can with the facts before them, your Honor. But when they have the wrong facts, they reach the wrong result.”
Carver paused for a second. He cleared his throat and poured a glass of water from the pitcher on the podium. He took his time, moving methodically, deliberately.
“Now, let’s look at what the jury saw. The jury was told that at 8:52 Steele made a 911 call. In fact, the jury heard the tape of the call. He’s frantic. He transposes the numbers in his address, which causes a brief, and I stress brief, delay in the arrival of police.”
Carver took a drink of water. The room was silent but for the faint squeak of Judge Atkinson’s chair. “Now remember that from that first moment, from the first words of that 911 recording until today, twelve years later, Steele has maintained the exact same story, never wavering even once. He told the 911 operator, ‘Someone broke into my house and attacked my wife. I found her in the tub, she’s bleeding everywhere.’ When the police arrived, Steele told them the same story. After his arrest, he told his daughter the same story. His daughter called early the next morning and was told by Matt’s sister that Matt didn’t come home that night.
“But later that day, after news of the murder was all over the television and newspapers, Matt and his sister and his mother all told the police that Matt was home all night. And that was it. That was the only time anyone connected with the case dug any deeper.
“Despite Steele maintaining his innocence, his attorney never spoke to Matt directly, never talked to the sister, never talked to the mother, never talked to any of Matt’s friends. Nothing. Even then Matt Bishop had a history of delinquency. It would be common, almost expected, that he would lie to the police. But no one asked any other questions.”
I turned to look back at Andersen and saw him sitting quietly, unconcerned. He wore a mild, almost mocking grin that seemed odd given the direct and very public attack on his own work.
“Now, let’s examine the evidence the jury relied upon.” Carver went on. “First, Steele had blood all over him. Well, the 911 operator told Steele to remove his wife from the tub and attempt CPR. This would explain both why he was covered with blood and why there were gaps in the 911 recording. In addition, Steele himself was cut with the