Chapter 47 Kate

47

Kate

Taking on an expert in his own field is daunting.

It's even more daunting when a man's life is in the balance. Kate put those thoughts aside. It was almost an unconscious act. She had been taught to leave the outcome of the case to the jury. Not to think about the consequences of every mistake – while it was happening. Nothing could be allowed to cloud her mind.

It was then that Kate ignored her training. She took a breath, inhaled deeply and felt the weight of her responsibility flood her mind and her body.

An innocent man's life lay in her hands right at that moment.

She had to carry John with her if she was to win this fight.

First thing to do was break Harris out of his witness training. She couldn't have his attention locked on the jury. Harris needed to look at her. Otherwise, he'd never be drawn into the trap Kate was going to set.

‘Mr. Harris,' said Kate, ‘you didn't do all of these tests, and invest your time and effort into this case for free, did you?'

He smiled, but kept his head pointed at the jury and said, ‘No, ma'am. I am an independent ballistics expert, but I do charge for the work I do. I charge the DA exactly the same amount as I would charge a defense lawyer like you, little missy.'

Little missy.

Harris wore a condescending smile.

Not for much longer , Kate thought.

‘Tell me, how much is the DA paying you for all of your work in this case?'

‘Objection, relevance?' said Castro.

‘Your Honor,' said Kate, ‘the people who elected the district attorney are paying for this expert. There are perfectly qualified NYPD forensic experts who are trained in ballistics. Instead, the DA has chosen an alternative expert. The people are entitled to know how much that costs and if there is a motive behind this expert's selection.'

The judge nodded. Kate continued before he could change his mind.

People don't like to talk about how much they earn. In this case, Harris was getting paid because a murder had happened. The members of the jury were on forty-five dollars a day, plus lunch. And Harris would know this. The jury sure as hell knew it.

Harris looked away from the jury, straight at Kate, and said, ‘I have been paid one hundred and thirty-five thousand dollars.'

Now he had broken eye contact with the jury, it was Kate's job to keep him talking to her. Sever that eye-to-eye dialogue with the jurors permanently. The best way to do that was to start a fight.

‘Is that how much you charge for lying in court?' asked Kate.

‘Little missy, I don't tell lies. I have conducted thorough forensic examinations of a weapon and ammunition and provided my expert opinion to the court. It don't matter who pays me – I tell it like it is.'

‘You've done the opposite, really, Mr. Harris. You've been telling the jury like it isn't. You are a member of the Association of Firearms and Tool Mark Examiners?'

‘I am a fully paid-up member.'

‘What is the criteria set for examining projectiles and determining their common origin?'

‘The marks have to be in agreement . I believe that is the phrase,' he said with some authority.

‘That is not correct, is it? The actual wording of the guidelines are that for projectiles to be determined to have a common origin, there has to be sufficient agreement in their markings.'

‘That's what I said. Agreement.'

‘The markings left behind on a projectile can vary over time and use. So that the same weapon can produce certain markings one day, and different markings the next week?'

‘That is true.'

‘Your comparison of the markings left behind is completely subjective, though. Isn't that right?'

‘I undertake a microscopic comparison of the projectiles. When I am satisfied that they have the same markings, then I have to say that they have a common origin. In this case, there were ridges and furrows on the projectiles which I felt were common to a single weapon.'

‘But another ballistics expert may find that same evidence inconclusive? Do you accept that?'

‘That's their opinion ,' said Harris.

Kate tried not to smile. Her line of questions had narrowed to this point, and to this precise word that she had coaxed from Harris. She moved his testimony from a bullet being a fingerprint for the weapon to mere opinion .

‘There is no objective scientific proof that these projectiles were fired by the same weapon – it's just your opinion , having carried out a comparison?'

‘My expert opinion.'

‘Other than the tests you carried out, what else influences your opinion?'

Harris thought about this, said, ‘Not a single thing. Sometimes I am given details of the crime scene, but it doesn't matter. I go by my comparison studies.'

‘I see, well, what if we did a small comparison study right now? Of the cases in which you were retained by the district attorney's office – how many times have you found that the disputed projectiles in those cases matched the defendant's weapon?'

‘I don't recall. I've worked a lot of cases.'

Kate marched to the defense table, picked up a small file and opened it. She had done her homework on Harris.

‘Let me remind you, Mr. Harris. You appeared as a prosecution witness in forty-three cases. In all of those cases you said the bullets matched the weapons linked to the defendants.'

‘If you say so. I don't recall.'

‘You have appeared as a witness for the defense in twenty-six cases in thirteen states. In all of those instances, you disputed the prosecution's case that the bullets matched the weapons belonging to the defendants.'

Harris tilted his head, said, ‘In each of those cases I conducted my examinations faithfully.'

‘But you have already admitted your expert opinion is just that – it's opinion , not fact. Correct?'

‘I carried out a microscopic comparison of those bullets . . .'

‘You base your opinion on whoever is paying you, Mr. Harris. The jury doesn't need a microscope to see that,' said Kate.