Sleight of Hand - By Phillip Margolin Page 0,18

who testified frequently for the commonwealth in drug cases. The prosecutor asked the chemist to list his credentials. Then she picked up an object that had been entered in evidence.

“Officer Wing, I’m handing you Commonwealth Exhibit Six. Do you recognize it?”

“Yes. That’s the ziplock bag containing a white powder that was given to me by Officer Hurley.”

“Did you find any fingerprints on Exhibit Six?”

“I did.”

“To whom did they belong?”

“All of the fingerprints I found on Exhibit Six belonged to the defendant, Kyle Ross.”

“Now, Officer, did you test some of the powder in Exhibit Six at the crime lab?”

“I did.”

“And what did your tests reveal?”

“I concluded that the substance in the ziplock bag was a controlled substance, cocaine.”

“Thank you. I have no further questions for the witness.”

“Officer Wing,” Benedict said as he crossed the room, “may I please see Exhibit Six?”

The witness handed the bag to Benedict. As soon as he had the bag, Benedict turned his back so that the judge, prosecutor, and witness could not see his hands. When Benedict was halfway to the defense counsel table he dipped his chin a fraction of an inch.

Kyle Ross leaped to his feet. “This is a goddamn frame,” he screamed.

Every eye in the courtroom turned toward Ross. The judge banged his gavel and called for order but Kyle kept screaming. Benedict handed the ziplock bag to the bailiff and rushed to his client.

“Stop this, Kyle,” Benedict said loudly. He grabbed his client and forced him into his seat. Ross resisted for a moment before dropping onto his chair. Benedict sat beside Kyle and placed a reassuring hand on Kyle’s shoulder while he whispered to him. A moment later, Benedict stood.

“Your Honor, may we take a short recess so my client can compose himself?”

Gardner looked at the clock. “It’s almost time for the afternoon recess, so let’s take a fifteen-minute break.”

Gardner sent the jury out. Then the judge cast a stern look at the defense table.

“Tell your client about contempt of court, Mr. Benedict. One more outburst and I’ll be the one explaining it to him.”

“I’ll talk to him, Your Honor,” Benedict assured the judge as Gardner stormed off the bench. Benedict conferred with Kyle for a few minutes for appearances’ sake. Then he headed up the aisle, out of the courtroom, and down the hall toward the men’s room. When he was halfway down the hall, a short, unassuming man passed him going the other way. This man worked for Nikolai Orlansky. Benedict and the short man touched palms. When the short man left the courthouse, a ziplock bag was tucked into his inside jacket pocket.

“Mr. Wing,” Benedict said when court reconvened, “you’ve testified that Officer Hurley gave you Exhibit Six and that you tested the white powder in it and concluded that it was cocaine?”

“That’s correct.”

Benedict turned to the dais. “Your Honor, I’ve served a subpoena on the crime lab and I have a person waiting in the hall. I’d like to have her come into the courtroom at this time.”

Mary Maguire sprang to her feet. “I object. Mr. Benedict didn’t put anyone from the crime lab on his witness list.”

“I apologize for not being clear. This person is not a witness. She merely transported some equipment from the lab that I want Officer Wing to use.”

Judge Gardner frowned. “Bailiff, take the jury out.”

When the jury was in the jury room, Gardner turned to Benedict.

“Have this person come in so we can learn what this is about.”

Moments later, Carolyn Bosh walked to the front of the courtroom. She was a forensic expert who was well known to Maguire and the judge.

“Officer Bosh,” Benedict asked the forensic expert, “at my request have you brought to court everything Officer Wing would need to test the white powder in Exhibit Six to see if it is cocaine?”

“Yes.”

“Your Honor, I’d like Officer Wing to examine what Officer Bosh brought to court and give his opinion on whether he can use these chemicals and paraphernalia to test the white powder in Exhibit Six to see if it is really cocaine.”

“Objection,” Maguire said.

“What are your grounds?” Gardner asked.

“I . . . he already tested it.”

“Out of the presence of the jury, Your Honor,” Benedict said. “If the prosecutor really believes that there is cocaine in Exhibit Six she should encourage Officer Wing to confirm his conclusion.”

Gardner was quiet for a moment. “I’m going to allow the retest. This is legitimate cross-examination.”

As soon as the jury was back, Benedict began to question the witness.

“Officer Wing, I had