Page 116 of The Devil's Advocate

‘First, I’d like to thank the prosecution for enlarging this photo. It’s helpful to the defense. Doctor Banbury, look at the victim’s fingernails, please.’

Banbury took off her reading glasses, turned and stared at the picture.

‘The victim is wearing bright red nail polish. Doctor, in your examination of the victim’s fingernail clippings, you don’t mention nail polish as one of the compounds found besides genetic material.’

Banbury swallowed, said, ‘Yes.’

‘Where are the nail clippings now?’

‘They are in my lab.’

‘Doctor, think very carefully before you answer, but to the best of your knowledge, the nail clippings you examined did not have traces of nail polish upon them, isn’t that right?’

She hesitated, looked at the photograph. She was studying it, narrowing her eyes to focus on the nails.

‘The polish may have chipped off when the nails were cut,’ she said.

‘Wait a second, let’s back up. So you are confirming that the fingernail clippings you examined did not have nail polish on them?’

‘Correct, but like I said, it may have chipped off.’

‘I suppose that’s possible, but all of it? Without leaving any trace?’

‘It’s possible,’ she said.

I reached down to the defense table, picked up three copies of a document, gave one to the prosecution, one to the judge.

‘Your Honor, in light of the answer provided by this witness we would like to enter this document into evidence, at this time,’ I said.

‘This is irrelevant,’ said Korn.

‘Your Honor, the relevance will be demonstrated by this witness.’

Judge Chandler looked over the document, and took his time, reading every word on the page.

‘I don’t see the relevance, and it may prove that the jury doesn’t see the relevance either, but I’ll allow the question. This is a capital-murder case,’ said Judge Chandler. He had tried to minimize the relevance of the document, let the jury think it was unimportant, and maybe they wouldn’t pay too much attention.

I gave a copy of the document to the witness and asked her to read it. She read it. At first, she was confused about why I was showing her this document, then, when she reached the bottom of the page, her expression changed. Her eyes flared open, her lips parted, and she looked immediately to Korn. There was nothing he could do about this.

‘Doctor, when you mentioned Sheriff Lomax earlier, you made a comment –God rest his soul. I take it you were good friends with the late sheriff?’

‘We were acquainted through our respective positions. I suppose we built up a rapport over time.’

I was trying to tease it out. Not making it too obvious. She wasn’t playing ball, so I had to ask it straight.

‘In your experience was he an honest man?’

‘Yes, he was a good man.’

Bingo.

‘His wife thought so too,’ I said, and I reached out a hand. Kate placed three copies of a photograph in it. I handed them to the judge, Korn and the witness.

‘I wish this photograph to be entered into evidence.’

‘Your Honor, is Mr. Flynn seriously asking this court to allow this photograph into evidence?’ asked Korn.

Judge Chandler looked at the photograph, then seemed to weigh it in his hand. He looked at the ceiling, then at Korn, then the photo. The judge had been in office for many years. Longer than Korn. Longer than the sheriff. I could’ve been wrong, but I detected a shift in the judge. He’d known Lomax for a long time. He’d known him before Korn came to town, and there was something stirring in the judge.