Page 116 of Fifty-Fifty

‘Apologies, Your Honor,’ I said, getting to my feet.

Beneath my file of papers I had five brown envelopes. I picked them up and made my way around the defense table. I handed one to Dreyer, one to Kate, and

gave the other three to the judge’s clerk.

‘Your Honor, Professor Shandler is one of many witnesses on the prosecution’s list. I didn’t know if Professor Shandler would actually be called to testify until now, and that is the reason why I have not served this report on my colleagues or the court. It is relevant evidence that I may have to use in my cross-examination of this witness.’

Stone refused to take an envelope from the clerk, and whispered, too loudly, ‘Get that out of my face.’

He realized he’d been overheard, and coughed. Then said, ‘Whatever it is should have been served weeks ago. I have no inclination to admit this evidence.’

‘Your Honor, failing to admit the evidence at the appropriate moment would be grounds for a challenge for bias.’

I could see his ears pin back, the creases disappear from his forehead. Last thing Stone wanted was this case to be halted and his decisions thus far to be put under scrutiny from another judge.

‘Very well. If you have an argument as to why I should allow this witness, your co-defendant and the District Attorney’s office to be ambushed by your material, then I’ll allow it.’

‘I can deal with some general matters first,’ I said.

Stone waved his hand at me to get on with it.

‘Professor Shandler, good morning.’

‘Good morning, Mr. Flynn.’

He was courteous, professional. Calm. He’d testified in almost twenty high-profile cases in his career, and never once had his findings or testimony been successfully challenged in an appellate court. The corner of his mouth turned into a half-smile.

I glanced at my phone on the defense table. I had a text ready to go to Harry.

All I had to do was hit send, and he would come in with the cavalry. The empty

seat beside Harry sent a black cloud into my head. She should be here. Harper should be alive.

I closed my eyes, just long enough to flip the switch.

When I opened them, Shandler’s expression had changed. He looked almost sorry for me. He must’ve thought I was a rank amateur, struggling to come up with a decent question.

‘Professor, before we go any further, I will give you one opportunity to recant your testimony to this jury. I want you to explain to the jury that you have exaggerated your findings, and your report and analysis is fundamentally flawed.

I’ll give you ten seconds.’

FORTY-ONE

EDDIE

I counted down from ten, silently.

My gaze never broke from Shandler. And his eyes never left mine.

He’d already made a big mistake. He’d been suckered into a fight with me.

Now the jury didn’t matter to Shandler. There would be no more eye contact with the jury, no more careful explanations, nods and gestures. He was locked in on me. Where I wanted him to be. Easier to get him riled up and get his mouth

moving faster than his brain.

‘There have been a huge number of convictions overturned due to unreliable expert testimony from hair-fiber analysts, isn’t that true, Professor?’

‘I wouldn’t know. None of my cases have been challenged, Counselor.’