Page 112 of Two Kinds of Stranger

We’re losing. We need a miracle.

44

Kate

As Detective Alison Withers testified, Kate took notes.

She studied the witness.

Detective Withers wore black pants, a pale blue blouse and a dark jacket. She was in her forties but looked older. The lines around her eyes were deeper than most women her age. Kate wondered if working homicide did that to people, whether the daily horrors of the job took their toll on the body, and the skin, and the eyes, just as much as they stained and weathered the soul.

While she took notes, Kate occasionally glanced at the jury. They were paying attention. This was important.

The testimony was detailed, accurate and indisputable. Detective Withers was telling the simple truth, and her words were hitting her clients hard. Kevin had slid down into his seat, his head bowed. Christine, the more experienced trial lawyer in the marriage, was watching the jury. She was smart enough to see the extent of the damage being done.

‘Detective Withers, let’s just recap for the jury,’ said DA Castro. ‘You testified that once on scene you formed the theory that Mr. Cross was shot once through the forehead with a low caliber weapon, and you asked the other officers on the scene to conduct house to house enquiries with neighbors. What happened next?’

‘The lawn on either side of the path leading to the victim’s home was overgrown. The grass was maybe a foot and a half tall. I was scanning it with my flashlight to see if there was any other potential evidence at the scene—’

‘What kind of evidence were you looking for?’

‘I was looking for the shell casing, initially, from the fatal shot fired at Mr. Cross. But I was keeping my eye open for other important pieces of evidence such as shoe or boot impressions, or any trace of the assailant that they may have left behind.’

‘And did you find anything?’

‘Yes, we found a Smith and Wesson revolver.’

Castro took the exhibit in his hand, the revolver inside a plastic evidence bag. He had it logged into evidence and handed the weapon to Detective Withers.

‘Is this the revolver you found?’

‘Yes, I discovered it approximately ten feet from the porch. It was all but invisible in the tall grass. I opened the chamber of the weapon and found that one of the five rounds had been fired and the empty shell casing was still in the chamber.’

Holding aloft another evidence bag, this time containing the spent shell, Castro had it logged with the court as prosecution evidence.

‘Is this the spent shell casing you found in the revolver?’

‘Correct.’

‘The defense has reserved their right to call their own firearms expert, but I wanted to ask if you had an expert conduct an examination of the weapon and the shell casing.’

‘Yes, an NYPD forensic technician was able to match the caliber of the round which killed Mr. Cross to this weapon. Forensic firearms testimony shall be given by my colleague, but we believe that this is the murder weapon.’

‘Was anything else revealed by an examination of this weapon.’

‘Yes, the revolver has a serial number to allow us to trace the registered owner. The defendant, Kevin Pollock, is the registered owner.’

‘Were any other forensic tests carried out on the murder weapon?’

‘Objection,’ said Kate, ‘draws a conclusion. It has not been established as fact that this is the murder weapon.’

Swiping his fingers through his dyed hair, Judge Ross gave Castro an admonishing look and said, ‘Sustained.’

‘Apologies, Your Honor, I’ll rephrase. Detective, were any other forensic tests carried out on the weapon, registered to the defendant Kevin Pollock, which was found at the crime scene?’

‘Yes, fingerprint analysis was conducted and both defendants’ fingerprints were found on the weapon.’

‘Thank you. Are you aware of any potential motive for this cold-blooded murder?’