“Before opening your own business, where were you employed?”
“I worked at the Oregon State Crime Lab for fifteen years.”
“Do you have any experience with the breathalyzer machines that are used to determine the amount of alcohol in a person’s blood?”
“My experience with breathalyzers is extensive. I’ve used breathalyzers hundreds of times; I’ve tested them to make sure they are accurate, and I’ve read countless pieces of literature that discusses them.”
“Mr. Benitez,” Regina asked, “Is there an error factor in these machines?”
“Yes.”
“My client took a breath test and the result was a reading of point-eight. Can you please tell Judge Ogilvie what that means?”
Benitez turned to the judge. “The reading the machine prints out is never exact and a point-eight, maybe a point-nine, and a one.”
“Those would both be proof that a person is driving under the influence, wouldn’t it?” Regina asked.
“Yes.”
“Is there another percentage that a point-eight could be?”
“Yes. A point-eight reading could be a point-seven.”
“And that would mean a person was not breaking the law, wouldn’t it?”
“Yes.”
“The State has to convince Judge Ogilvie beyond a reasonable doubt that Mrs. O’Leary was driving under the influence. If the only evidence against her was the point-eight reading on the breathalyzer, would the reading constitute proof beyond a reasonable doubt of intoxication?”
“No, because of the error factor.”
“No further questions.”
Peter Ragland flailed around during his cross-examination and accomplished nothing. While he gave his closing argument, Regina glanced at his table. Among the papers spread across the prosecutor’s table was the unopened manila envelope Regina had given him with Oscar Benitez’s report. When Ragland’s witness list did not contain the name of an expert witness, Regina guessed that Ragland had not bothered to read it or couldn’t find an expert to refute it.
Regina stood to argue for acquittal, but Judge Ogilvie waved her down.
“I don’t have to hear any argument from the defense, Miss Barrister. Mrs. O’Leary was not driving erratically; she passed the field sobriety tests and the odor of alcohol alone is not proof of intoxication. The only evidence that the State produced that would tend to prove that Mrs. O’Leary was driving while intoxicated is the breath test and your expert’s uncontested testimony is that we can’t say beyond a reasonable doubt that the real percentage wasn’t point-seven, which is below the blood level you have to prove to convict. So, I have to find Mrs. O’Leary ‘Not Guilty’.”
Regina hoped that Peter Ragland would leave the courtroom so she wouldn’t have to talk to him, but he came up to her on his way out.
“You got lucky you had Ogilvie for your judge. No one else would have bought your argument.”
Regina was mad at Ragland for wasting everyone’s time, but she reined in her anger.
“I tried to tell you that you had no case. You should have listened to me. It would have saved us both a lot of time.”
Ragland turned red with anger. “We both know the senator is a drunk. She may have beat the rap this time, but the voters will remember that the senator was charged with drunk driving, and a lot of them won’t remember the verdict when it comes time to vote.”
Ragland stomped off and Regina stared after him. He was a vindictive prick, and she hoped she wouldn’t have to deal with him again.
CHAPTER SIX
The parties and special dinners at the Westmont always made the holiday season hectic, but Sam Moser’s obsessive preparation helped him get through the days between Thanksgiving and New Year’s Eve. Moser envisioned the holiday season as a battle between chaos and order. There would always be screwups, but you could deal with them if you worked out all possible scenarios in advance.
With Thanksgiving and Christmas in the rearview mirror, only the New Year’s Eve festivities remained, and Moser believed that he had all things New Year well in hand. That enabled him to take a deep breath and relax even though it was two days before the last major party of 1997.
Moser was in a particularly jolly mood when his secretary brought him his mail, which included a package gift-wrapped with paper displaying Santa and his reindeer and bound by a bright red bow. Moser looked for the name of the person who had sent the gift, but there was none. He tore off the wrapping paper and smiled when he saw that his gift was a box of chocolates. He opened the box and saw a dozen delicious-looking pieces. A legend on the inside of the lid described