Part Fifteen
On the Tuesday morning, Karen walked in to court praying that she wasn't about to receive another flashback like yesterday. One night, interrupted constantly by various dreams of Fenner, was quite enough. She had walked upstairs, not really taking much notice of the people around her, but as she reached to open the gallery door, she found herself coming face to face with Marilyn. "I thought I recognised you," Marilyn said, not hostile, not friendly. "How are you?" Karen asked, thinking that she was developing an attack of George's verbal nervousness to ask such a loaded question without any prior thought. "About as well as you are, I suppose," Marilyn said without rancour. "I had to come," She added. "Yes," Said Karen understandably, "So did I." This seemed to be all that needed to be said for now, and they moved to take their seats at opposite ends of the front row. Karen was soon joined by Roisin and Barbara, followed closely by Nikki and lastly by George, sitting down between Karen and Nikki. "So, I didn't frighten you off yesterday then?" Karen couldn't help asking with a small smile. "Good God, no," George said ruefully. "Ghosts usually have a reason for reappearing. Besides," She said with a self-deprecating smile of her own. "I thought it might have been the other way round." "Definitely not," Karen said quietly but firmly, her smile becoming suddenly warm and bright, as if a dark cloud had been momentarily blown away from the sun. "I haven't had a compliment like that in a long time." George grinned wickedly and lowered her voice so that only Karen could hear. "Not since John I suppose," She said, her grin becoming broader at Karen's slight look of surprise. "I'm not going to ask how you know about that," She said, watching in fascination as a blush stained George's cheeks. "On second thoughts, maybe I should ask him." "No, don't," George said, the wind up working perfectly. This increased Karen's curiosity a thousand fold and she assured George that she wouldn't, but she couldn't help but wonder. George on the other hand was inwardly kicking herself for thinking she could get one over on Karen, seeing all too easily that where verbal acrobatics were concerned, Karen was just as good as she was at leading an unsuspecting opponent in to a trap, even if only in friendly humour.
When Professor Ryan returned to the stand, Jo moved in for the kill, but subtley, as one might lead a swimmer out of their depth, only to leave them floundering. "Professor Ryan," She began, sounding genial enough. "Please could you explain to the court exactly how you could determine that the empty cartridge case, 1D in the artifacts My Lord," She added jerking her head in the direction of the bench, "could be matched specifically to the gun supposedly used to injure James Fenner?" Sam fixed Jo with her piercing gaze. "When a person's fingerprint is taken, extremely high resolution photographs are taken of the ridge detail which is different in every person. If this person's fingerprints are discovered as part of a crime scene, the photographs of the two sets of prints, when significantly magnified, can be compared. If the pattern of the ridge detail of one set of prints matches the other, then you have found the source of the fingerprints. With this type of gun, the firing pin, which is the mechanism that ejects the bullet, leaves a very small scratch or indentation on the metal surface of the cartridge case. Under a microscope, this can be as clear as any type of engraved pattern. Even though all guns belonging to a particular type might be made to an exact specification, the firing pin will almost always leave a unique impression on any metal surface such as a cartridge case. After a gun has been in use for some years, such things as the mechanism connecting the trigger to the firing pin, or the actual position of the firing pin are almost always altered by simple wear and tear. This means that every gun using this type of bullet will leave a unique indentation on the surface of the cartridge case, as unique a mark as that left by a person's fingerprint." "Professor Ryan, I am interested in your use of the words almost always. Are you not prepared to commit yourself to saying, that it is without doubt that this particular gun's firing pin could have caused the indentation you say is present on the cartridge case discovered at James Fenner's crime scene?" "I have never had any reason to doubt the validity of the similarity of the indentations made by firing pins to the unique detail of fingerprints." "Forgive me, but you are avoiding my question, Professor Ryan. Is it possible that an identical gun which has been kept in similar conditions and similar working order, could have been the gun used to shoot James Fenner?" Jo's voice had risen slightly, as her verbal stalking of her prey became more apparent. In the gallery, George watched in awe at Jo's mode of attack. "Very occasionally," Sam said slowly, aware that she was probably digging the prosecution's grave in the process. "Identical twins can have the same ridge detail in their fingerprints. It is extremely rare, but occasionally possible. So I suppose it would be possible for two very similar guns, kept in similar conditions and similar working order to have firing pins that may leave the same indentation. I must however impress on the court that I believe that there is no doubt that this gun fired the bullet that injured James Fenner." "Professor Ryan, I would ask you to keep your testimony to facts and facts alone," Jo said seriously. "The jury need to make their decision with regard to factual evidence not with the help of the beliefs of someone who simply thinks she is right." John wasn't sure which was causing him the most astonishment, the fact that Jo was instructing the witness and making him feel superfluous in his own court, or that she was openly insulting the Professor's knowledge and experience in the same way George often did. George for her part was staring at Jo with a mixture of open admiration and slight concern. There was only so much of this kind of behaviour that John would take, she should know. "Precisely where are you going with this, Mrs. Mills?" John asked in an effort to regain control. "If you allow me to continue, My Lord, you'll find out," Jo said without a pause, which brought a roll of the eyes from George, who could see that Jo had something pretty monumental up her sleeve.
"Professor Ryan," She said, returning to the attack. "You have stated in your report, 3C in your bundle, My Lord, that James Fenner was suffering from mild coronary artery disease. Can you explain to the court exactly why you assume that it wasn't this that killed him?" A snort of derision came from Neumann Mason-Alan. "James Fenner had a degree of thickening of his coronary arteries, no doubt as a result of years of smoking, drinking and unhealthy living." "Not much hope for us then," Said Nikki quietly which made George smile. "Whilst this condition would without doubt have deteriorated if left untreated, eventually resulting in a heart attack," Sam continued, "It was definitely not his primary cause of death, this was as a result of the inhalation or aspiration of soil particles during the process of his being buried alive as I explained yesterday." Not for the first time since she'd heard this specific detail Karen found herself feeling an almost physical pain for what Yvonne must have gone through when she'd found out exactly what her daughter had done. "To return to the issue of the gun," Jo continued, doing her best to jerk Sam around. "You have also stated in your report that you didn't think the bullet that shot James Fenner was intended to cause maximum damage. Please could you explain this assertion?" "James Fenner was shot in the abdomen with a Remmington nine millimetre bullet. If the killer's intention had been to kill him, either he would have been shot in a more direct, far more certain place such as the head or the chest. Or, a different type of bullet would have been used, a Smith and Wesson Black Tallon, for example." "Professor, can you explain to the court the difference between the bullet that was used and a Black Tallon?" John asked. Mentally clenching her fist, Jo said, "My Lord, might I be allowed to continue questioning the witness, as I was about to ask the same question." Feeling a distinct battle of wills coming on, John said, "I apologize Mrs. Mills." "The bullet that I retrieved from James Fenner's spine," Sam answered, feeling that there wasn't just one fight going on in this court but two. "Is a very small, cylindrical point that simply pierces anything it encounters that isn't bullet proof. The Smith and Wesson Black Tallon looks, on initial examination very similar to this, but when it makes contact with any soft surface such as human tissue, it opens outwards in to six or eight very fine needle-sharp points, making it eventually look something like a large spider. This can cause irreparable damage, as it can pierce several veins or arteries in one go if shot at the correct target. It is extremely rare for someone to survive a shooting by a Black Tallon." "Professor Ryan, when you were on the stand yesterday, you made what can only be called an undoubtedly wild unsupportable assertion that James Fenner's killer possibly had prior knowledge of the exact details and dimensions of his previous stabbing injury. Please would you now qualify this remark?" Sam had known this would come back to haunt her. "James Fenner's gunshot wound was found in the region of the lower end of his thoraco-abdominal scar. The fact that the extensive scar tissue clearly slowed the bullet in its tracks enough to mean that it lodged itself in his spine, and therefore made it impossible for him to defend himself, led me to believe that this had been the intended goal of causing him such an injury." "Professor, might I remind you that you cannot prove this assertion in any way. That is unless you have particulars to further qualify this assumption that are not included in your forensic report." "No, I do not have any further proof," Sam said for all the court to hear. "Then, My Lord, I must insist that this previous assertion be immediately struck from the record." "On what basis, Mrs. Mills?" "My Lord, this is a criminal trial, not an instance where the Civil Procedure Rules regarding hearsay have any place whatsoever. Hearsay is all Professor Ryan's assertion consists of." "I do not need reminding where I am, thank you, Mrs. Mills," Said John firmly, and George began to think that Jo might just be in danger of pushing her luck. "My Lord, if Professor Ryan's remark is left in place, the jury may draw the inference that Lauren Atkins' intention was to make James Fenner suffer as much as possible prior to his death. If Professor Ryan has no proof to substantiate her claim, then the jury may draw this inference under false pretences." John sat for a moment, his brows knitted in deep thought. He was forced to admit that Jo was absolutely right, but there was something different about her delivery today. She was going in all guns blazing, but with none of her usual caution or respect due to either the witness or, indeed, to him. "You do have a point, Mrs. Mills," He eventually conceded. "This previous assertion of Professor Ryan's shall be struck from the record and must be omitted by the jury during their eventual deliberations. However, Mrs. Mills, take this as a warning to treat both the witnesses and the court with a little more of your usual courtesy." Jo only just restrained herself from glaring at him.
"Professor Ryan," Jo said, ignoring John and focussing on the witness. "There is just one last point on which I would like your considered expert opinion." There was a hint of pure stealth in her usually mild-mannered tone which would have raised George's hackles had she been opposite. "You have noted in your report that the gun supposedly used to shoot James Fenner contained," Here Jo picked up a copy of Sam's report and quoted "Some identifying details of its own. Just above the trigger, were the letters CJA." Putting the report back down on the defence bench, she returned to her own words. "Now, it has been assumed by the police that this gun contains the initials of the defendant's father, initials that stand for Charlie James Atkins. Can the authenticity of this claim be proved?" "If I might draw your attention to the object with which this gun was found," Sam answered, "Which was the spade that was used to bury James Fenner, the spade which contained not only his fingerprints but also the fingerprints of the defendant. Therefore, I would assume that this gun did once belong to the defendant's father." "Mrs. Mills," John intoned, "I can see exactly where you are heading, and I must point out to you that it is a pretty fruitless line of enquiry. Your client has never denied using this particular gun to shoot James Fenner, so I would warn you not to waste the court's time in attempting to prove or disprove its actual ownership." There was a long, sonorous silence. "No further questions, My Lord," Jo added, every syllable a freezing icicle of anger.
As the clerk of the court called "all rise", George said to Karen, "What the hell has got in to her?" "I don't know," Said Karen thoughtfully. "That looked more like an image of when I last saw you in full cross-examination mode than Jo." "It's going to cause trouble in paradise before long, that's for sure." When they, along with Nikki, Barbara and Roisin, went downstairs, George detached herself from the group and went to meet Jo as she emerged through the door reserved for personnel such as barristers and clerks. When Jo appeared, she said, "Not here," After seeing the look on George's face. When they walked outside where it was thankfully not raining, George said, "I don't need to tell you that you were extremely lucky to get away with that. Had that been me instead of you in there, I'd have been banged up in a cell quicker than your client." "Why is he so bloody infuriating?" Asked Jo, feeling a childish urge to stamp her foot, though she just about managed to refrain. George grinned. "You've only just noticed?" She said. "Jo, in spite of John being at his most bloody minded, you're doing brilliantly. You just need to calm down slightly, or he really will think you're me in disguise." Just then, the rest of them, complete with Yvonne and Cassie appeared through the doors. "Help me persuade Jo that she needs a large drink," George said to Karen. "Absolutely no question," Karen said firmly. "After that performance you deserve one." "How's it going?" Yvonne asked. "That was the most ruthlessly powerful bit of defending I think any of us have ever seen," Replied Nikki. "Thank you," Jo said, after which Yvonne introduced Nikki to Jo. "I would love a large glass of wine," Jo said regretfully, "But not if you want me as much on the ball this afternoon." Yvonne could see the fraught, tense brain that wouldn't allow Jo to take a break. "Listen," Yvonne said gently but firmly. "One drink and half an hour's break won't do you any harm, and I definitely have a vested interest in making sure that you're calm and relaxed before you get back in the ring." Touched that they were all so concerned about her, Jo gave Yvonne a warm smile and agreed to accompany them, on the one condition that she could really only be away for half an hour, to give her plenty of time to get her head round what was coming that afternoon.
On the Tuesday morning, Karen walked in to court praying that she wasn't about to receive another flashback like yesterday. One night, interrupted constantly by various dreams of Fenner, was quite enough. She had walked upstairs, not really taking much notice of the people around her, but as she reached to open the gallery door, she found herself coming face to face with Marilyn. "I thought I recognised you," Marilyn said, not hostile, not friendly. "How are you?" Karen asked, thinking that she was developing an attack of George's verbal nervousness to ask such a loaded question without any prior thought. "About as well as you are, I suppose," Marilyn said without rancour. "I had to come," She added. "Yes," Said Karen understandably, "So did I." This seemed to be all that needed to be said for now, and they moved to take their seats at opposite ends of the front row. Karen was soon joined by Roisin and Barbara, followed closely by Nikki and lastly by George, sitting down between Karen and Nikki. "So, I didn't frighten you off yesterday then?" Karen couldn't help asking with a small smile. "Good God, no," George said ruefully. "Ghosts usually have a reason for reappearing. Besides," She said with a self-deprecating smile of her own. "I thought it might have been the other way round." "Definitely not," Karen said quietly but firmly, her smile becoming suddenly warm and bright, as if a dark cloud had been momentarily blown away from the sun. "I haven't had a compliment like that in a long time." George grinned wickedly and lowered her voice so that only Karen could hear. "Not since John I suppose," She said, her grin becoming broader at Karen's slight look of surprise. "I'm not going to ask how you know about that," She said, watching in fascination as a blush stained George's cheeks. "On second thoughts, maybe I should ask him." "No, don't," George said, the wind up working perfectly. This increased Karen's curiosity a thousand fold and she assured George that she wouldn't, but she couldn't help but wonder. George on the other hand was inwardly kicking herself for thinking she could get one over on Karen, seeing all too easily that where verbal acrobatics were concerned, Karen was just as good as she was at leading an unsuspecting opponent in to a trap, even if only in friendly humour.
When Professor Ryan returned to the stand, Jo moved in for the kill, but subtley, as one might lead a swimmer out of their depth, only to leave them floundering. "Professor Ryan," She began, sounding genial enough. "Please could you explain to the court exactly how you could determine that the empty cartridge case, 1D in the artifacts My Lord," She added jerking her head in the direction of the bench, "could be matched specifically to the gun supposedly used to injure James Fenner?" Sam fixed Jo with her piercing gaze. "When a person's fingerprint is taken, extremely high resolution photographs are taken of the ridge detail which is different in every person. If this person's fingerprints are discovered as part of a crime scene, the photographs of the two sets of prints, when significantly magnified, can be compared. If the pattern of the ridge detail of one set of prints matches the other, then you have found the source of the fingerprints. With this type of gun, the firing pin, which is the mechanism that ejects the bullet, leaves a very small scratch or indentation on the metal surface of the cartridge case. Under a microscope, this can be as clear as any type of engraved pattern. Even though all guns belonging to a particular type might be made to an exact specification, the firing pin will almost always leave a unique impression on any metal surface such as a cartridge case. After a gun has been in use for some years, such things as the mechanism connecting the trigger to the firing pin, or the actual position of the firing pin are almost always altered by simple wear and tear. This means that every gun using this type of bullet will leave a unique indentation on the surface of the cartridge case, as unique a mark as that left by a person's fingerprint." "Professor Ryan, I am interested in your use of the words almost always. Are you not prepared to commit yourself to saying, that it is without doubt that this particular gun's firing pin could have caused the indentation you say is present on the cartridge case discovered at James Fenner's crime scene?" "I have never had any reason to doubt the validity of the similarity of the indentations made by firing pins to the unique detail of fingerprints." "Forgive me, but you are avoiding my question, Professor Ryan. Is it possible that an identical gun which has been kept in similar conditions and similar working order, could have been the gun used to shoot James Fenner?" Jo's voice had risen slightly, as her verbal stalking of her prey became more apparent. In the gallery, George watched in awe at Jo's mode of attack. "Very occasionally," Sam said slowly, aware that she was probably digging the prosecution's grave in the process. "Identical twins can have the same ridge detail in their fingerprints. It is extremely rare, but occasionally possible. So I suppose it would be possible for two very similar guns, kept in similar conditions and similar working order to have firing pins that may leave the same indentation. I must however impress on the court that I believe that there is no doubt that this gun fired the bullet that injured James Fenner." "Professor Ryan, I would ask you to keep your testimony to facts and facts alone," Jo said seriously. "The jury need to make their decision with regard to factual evidence not with the help of the beliefs of someone who simply thinks she is right." John wasn't sure which was causing him the most astonishment, the fact that Jo was instructing the witness and making him feel superfluous in his own court, or that she was openly insulting the Professor's knowledge and experience in the same way George often did. George for her part was staring at Jo with a mixture of open admiration and slight concern. There was only so much of this kind of behaviour that John would take, she should know. "Precisely where are you going with this, Mrs. Mills?" John asked in an effort to regain control. "If you allow me to continue, My Lord, you'll find out," Jo said without a pause, which brought a roll of the eyes from George, who could see that Jo had something pretty monumental up her sleeve.
"Professor Ryan," She said, returning to the attack. "You have stated in your report, 3C in your bundle, My Lord, that James Fenner was suffering from mild coronary artery disease. Can you explain to the court exactly why you assume that it wasn't this that killed him?" A snort of derision came from Neumann Mason-Alan. "James Fenner had a degree of thickening of his coronary arteries, no doubt as a result of years of smoking, drinking and unhealthy living." "Not much hope for us then," Said Nikki quietly which made George smile. "Whilst this condition would without doubt have deteriorated if left untreated, eventually resulting in a heart attack," Sam continued, "It was definitely not his primary cause of death, this was as a result of the inhalation or aspiration of soil particles during the process of his being buried alive as I explained yesterday." Not for the first time since she'd heard this specific detail Karen found herself feeling an almost physical pain for what Yvonne must have gone through when she'd found out exactly what her daughter had done. "To return to the issue of the gun," Jo continued, doing her best to jerk Sam around. "You have also stated in your report that you didn't think the bullet that shot James Fenner was intended to cause maximum damage. Please could you explain this assertion?" "James Fenner was shot in the abdomen with a Remmington nine millimetre bullet. If the killer's intention had been to kill him, either he would have been shot in a more direct, far more certain place such as the head or the chest. Or, a different type of bullet would have been used, a Smith and Wesson Black Tallon, for example." "Professor, can you explain to the court the difference between the bullet that was used and a Black Tallon?" John asked. Mentally clenching her fist, Jo said, "My Lord, might I be allowed to continue questioning the witness, as I was about to ask the same question." Feeling a distinct battle of wills coming on, John said, "I apologize Mrs. Mills." "The bullet that I retrieved from James Fenner's spine," Sam answered, feeling that there wasn't just one fight going on in this court but two. "Is a very small, cylindrical point that simply pierces anything it encounters that isn't bullet proof. The Smith and Wesson Black Tallon looks, on initial examination very similar to this, but when it makes contact with any soft surface such as human tissue, it opens outwards in to six or eight very fine needle-sharp points, making it eventually look something like a large spider. This can cause irreparable damage, as it can pierce several veins or arteries in one go if shot at the correct target. It is extremely rare for someone to survive a shooting by a Black Tallon." "Professor Ryan, when you were on the stand yesterday, you made what can only be called an undoubtedly wild unsupportable assertion that James Fenner's killer possibly had prior knowledge of the exact details and dimensions of his previous stabbing injury. Please would you now qualify this remark?" Sam had known this would come back to haunt her. "James Fenner's gunshot wound was found in the region of the lower end of his thoraco-abdominal scar. The fact that the extensive scar tissue clearly slowed the bullet in its tracks enough to mean that it lodged itself in his spine, and therefore made it impossible for him to defend himself, led me to believe that this had been the intended goal of causing him such an injury." "Professor, might I remind you that you cannot prove this assertion in any way. That is unless you have particulars to further qualify this assumption that are not included in your forensic report." "No, I do not have any further proof," Sam said for all the court to hear. "Then, My Lord, I must insist that this previous assertion be immediately struck from the record." "On what basis, Mrs. Mills?" "My Lord, this is a criminal trial, not an instance where the Civil Procedure Rules regarding hearsay have any place whatsoever. Hearsay is all Professor Ryan's assertion consists of." "I do not need reminding where I am, thank you, Mrs. Mills," Said John firmly, and George began to think that Jo might just be in danger of pushing her luck. "My Lord, if Professor Ryan's remark is left in place, the jury may draw the inference that Lauren Atkins' intention was to make James Fenner suffer as much as possible prior to his death. If Professor Ryan has no proof to substantiate her claim, then the jury may draw this inference under false pretences." John sat for a moment, his brows knitted in deep thought. He was forced to admit that Jo was absolutely right, but there was something different about her delivery today. She was going in all guns blazing, but with none of her usual caution or respect due to either the witness or, indeed, to him. "You do have a point, Mrs. Mills," He eventually conceded. "This previous assertion of Professor Ryan's shall be struck from the record and must be omitted by the jury during their eventual deliberations. However, Mrs. Mills, take this as a warning to treat both the witnesses and the court with a little more of your usual courtesy." Jo only just restrained herself from glaring at him.
"Professor Ryan," Jo said, ignoring John and focussing on the witness. "There is just one last point on which I would like your considered expert opinion." There was a hint of pure stealth in her usually mild-mannered tone which would have raised George's hackles had she been opposite. "You have noted in your report that the gun supposedly used to shoot James Fenner contained," Here Jo picked up a copy of Sam's report and quoted "Some identifying details of its own. Just above the trigger, were the letters CJA." Putting the report back down on the defence bench, she returned to her own words. "Now, it has been assumed by the police that this gun contains the initials of the defendant's father, initials that stand for Charlie James Atkins. Can the authenticity of this claim be proved?" "If I might draw your attention to the object with which this gun was found," Sam answered, "Which was the spade that was used to bury James Fenner, the spade which contained not only his fingerprints but also the fingerprints of the defendant. Therefore, I would assume that this gun did once belong to the defendant's father." "Mrs. Mills," John intoned, "I can see exactly where you are heading, and I must point out to you that it is a pretty fruitless line of enquiry. Your client has never denied using this particular gun to shoot James Fenner, so I would warn you not to waste the court's time in attempting to prove or disprove its actual ownership." There was a long, sonorous silence. "No further questions, My Lord," Jo added, every syllable a freezing icicle of anger.
As the clerk of the court called "all rise", George said to Karen, "What the hell has got in to her?" "I don't know," Said Karen thoughtfully. "That looked more like an image of when I last saw you in full cross-examination mode than Jo." "It's going to cause trouble in paradise before long, that's for sure." When they, along with Nikki, Barbara and Roisin, went downstairs, George detached herself from the group and went to meet Jo as she emerged through the door reserved for personnel such as barristers and clerks. When Jo appeared, she said, "Not here," After seeing the look on George's face. When they walked outside where it was thankfully not raining, George said, "I don't need to tell you that you were extremely lucky to get away with that. Had that been me instead of you in there, I'd have been banged up in a cell quicker than your client." "Why is he so bloody infuriating?" Asked Jo, feeling a childish urge to stamp her foot, though she just about managed to refrain. George grinned. "You've only just noticed?" She said. "Jo, in spite of John being at his most bloody minded, you're doing brilliantly. You just need to calm down slightly, or he really will think you're me in disguise." Just then, the rest of them, complete with Yvonne and Cassie appeared through the doors. "Help me persuade Jo that she needs a large drink," George said to Karen. "Absolutely no question," Karen said firmly. "After that performance you deserve one." "How's it going?" Yvonne asked. "That was the most ruthlessly powerful bit of defending I think any of us have ever seen," Replied Nikki. "Thank you," Jo said, after which Yvonne introduced Nikki to Jo. "I would love a large glass of wine," Jo said regretfully, "But not if you want me as much on the ball this afternoon." Yvonne could see the fraught, tense brain that wouldn't allow Jo to take a break. "Listen," Yvonne said gently but firmly. "One drink and half an hour's break won't do you any harm, and I definitely have a vested interest in making sure that you're calm and relaxed before you get back in the ring." Touched that they were all so concerned about her, Jo gave Yvonne a warm smile and agreed to accompany them, on the one condition that she could really only be away for half an hour, to give her plenty of time to get her head round what was coming that afternoon.