Page 107 of Witness 8

‘Yes, very similar to a fingerprint. Each bullet carries the markings of the weapon that fired it. And, in this case, there was a sufficient match for me to be sure that the weapon found in the defendant’s closet was used in this shooting.’

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 bein 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 besufficient agreementin 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?’