The Last Innocent Man

Ortiz felt his body tighten. He wanted to strike out at David. He felt like a butterfly pinioned on a board, waiting for dissection.

“Objection,” Monica said, standing. “Mr. Nash is arguing with the witness.”

She could see the danger signs and had to give Ortiz a chance to collect his thoughts.

“Yes, Mr. Nash,” the judge said, “just ask your questions.”

“Very well, Your Honor. Officer Ortiz, did you not tell Dr. Stewart during your September visit, a few short days before you arrested Larry Stafford, that you could not remember what happened inside the motel room and that you could not remember what the killer looked like?”

Ortiz did not answer immediately. He stared at David and at Stafford. Stafford stared back.

“Well, Officer?” David asked sharply.

“Yes.”

“You had amnesia, did you not?”

“Yes, if that’s what you call it.”

“What do you call it?”

“I mean…”

Ortiz stopped. David waited a moment, watching the jury.

“Officer, if I understand your testimony, you first saw the Mercedes from a distance of one city block?”

“Yes,” Ortiz answered quickly, grateful that the subject had been changed.

“Then you followed it from a distance of approximately two city blocks?”

“Yes.”

“And, finally, you saw it briefly as you drove by the motel lot?”

“Yes.”

“Those were the only times you saw the car that evening?”

“Yes.”

“And you did not know what model and year the car was until you checked with the Motor Vehicle Division?”

“I…It’s the car I saw,” Ortiz answered weakly.

David picked up three color photographs from his table and walked over to the witness stand. Monica drummed the tip of her pen on her desk. Ortiz was in trouble, and she did not know how much longer he would be able to stand up under David’s questioning. She had Dr. Stewart on call to testify that Ortiz, and others with amnesia caused by a concussion, could recall with complete accuracy events they had forgotten. But for the jury to believe in Ortiz’s recall, they had to believe in Ortiz.

“Will you study these three photographs, please?” David asked Ortiz. The policeman shuffled the photos until he had viewed all three.

“Would you tell the jury what they are?”

“They appear to be a beige Mercedes-Benz.”

“Same type that Mr. Stafford drives?”

“Yes.”

David smiled at Ortiz and took back the pictures.

“I have no further questions.”

Monica could not believe it. She had seen David tear witnesses apart and she knew his technique. He always softened them up, as he had Ortiz, with questions that would shake their confidence. Then he progressed from point to point, ending with a series of questions that involved a major point in their testimony. The questions about Ortiz’s amnesia had been expected, but she also expected more. Ortiz had been touched by David, but not badly shaken. She wanted him off the stand quickly, while he was still basically intact.

“No further questions,” Monica said.

“Call your next witness.”

“Dr. Arthur Stewart, Your Honor.”

ORTIZ WANTED TOdiscuss the case as soon as she left the courtroom, but she told him to wait until they got to her office. Dr. Stewart had been excellent and David had not scored many points. She had rested the State’s case at the end of his testimony without calling Cyrus Johnson.

“But why?” Ortiz demanded when he and Monica and Crosby were alone.

“Because it wasn’t necessary and I did not want to risk it.”

“You haven’t shown any motive. Johnson can establish that this guy is an S-M freak.”

“Or make it look like we’re trying to railroad him with perjured testimony. Look, Bert, we already have a motive. He is a member of a big law firm, but not a partner. He is married to a wealthy woman. If he is arrested for prostitution, his career and marriage could be over. What more do we need? Besides, you were terrific.”

Ortiz shook his head. “I don’t know. That business with the amnesia. Don’t you think…?”

“I was in the courtroom, Bert,” Crosby said. “You came off just great, and that doctor cleared that whole business up. I was surprised how easy Nash went on you.”

“Yeah. That has me worried, too. Why do you think he let up?”

“I don’t know,” Monica said, “but let’s not look a gift horse in the mouth.”

“If it was a gift,” Ortiz said. “That son of a bitch has something he’s not telling you about. I can feel it.”

Monica shrugged. “I’m not going to worry about it now.”

“And you can still use T.V. in rebuttal, right?” Ortiz asked.

“Bert, I don’t trust him. He’ll do anything to get out of this dope charge.”

“I don’t think so,” Ortiz said, shaking his head vigorously. “It’s too much of a coincidence.”

“Well, if the case goes as well as it has so far, it will all be academic.”

“MR. STAFFORD CALLSPatrick Walsh, Your Honor,” David said, and the clerk left the courtroom to summon the witness. David took the opportunity to collect the exhibits he would use and to review his notes on Walsh’s testimony.