Chapter 23

As in many criminal trials, the defense had the option of waiting until the close of the case in chief (another name for the prosecution's parade of testimony and evidence) to deliver its opening statement. Wyatt Quinn stood in front of the assembled jurors with his hands in the pockets of his Brooks Brothers suit. He didn't have a picture of the victim or any other prop with him. He would use his words to sway the jury to his side of the argument.

"Ladies and gentlemen of the jury," he began, his rich voice easily understood even by the reporters in the farthest reaches of the courtroom. "At the beginning of this case the esteemed prosecutor stood in front of you and told you this case wasn't about justice. That is about the only portion of his opening argument I agree with. It's not about justice. If there were any justice in the world, my client would be home with his family and not sitting here on trial for his life."

"This case is about many things but justice is not one of them. It's about an overzealous police officer who will do anything to make a name for himself in a new city. It's about a resort town desperate to make sure the tourist dollars keep flowing – even to the point of railroading an innocent man. It's about a flawed science and a theory of the crime that makes absolutely no sense."

"The prosecution promised to give you means, motive and opportunity against my client, Jonathan Mayfield. They gave you means, motive and opportunity for half a dozen people but that's beside the point. An admitted rapist and the spurned ex-boyfriend of the victim delivered the motive to you. Can you really trust either of them to tell the truth? The motive they attribute to my client is absurd – and I'll introduce you to a renowned psychologist who will explain to you why that's so. The state's case hinges on that most exclusive of evidence, DNA. The killer cop and the Barbie Doll tech would like for you to forget about the flaws in their methods and just take their word for it. Most experts will tell you that DNA doesn't lie. I won't stand here and tell you that it's telling a falsehood but I will bring forth expert testimony that will show you that DNA can be manipulated into telling you any version of the truth you might want to hear."

"I'll also introduce you to my client – Jonathan Mayfield. I won't try to pretend Mr. Mayfield is a saint. He's not. He's arrogant and he's narcissistic. He's overbearing and probably a little ignorant of how life really works. He's a lot of things and most of them aren't good. But he's not a rapist and he's not a killer. And by the time Mr. Mayfield tells you his side of the story, you'll be just as convinced of that as I am. Thank you."

Quinn looked pleased with himself as gathered up his notes for his first witness.

"The defense calls Dr. Arnold Dusker to the stand," he announced proudly. "We ask the court to certify Dr. Dusker as an expert in the field of forensic science."

"'Voir dire', Your Honor," Allyson said, arising as soon as the man's name was mentioned. Quinn's head jerked in her direction. 'Voir dire' is the process that allows each side to question the credentials of any witnessed called as an expert.

"You can't be serious," Quinn said. "Dr. Dusker has testified dozens of times in criminal and civil court."

"Which in no way qualifies him as an expert," Allyson shot back. "The prosecution objects to the title attributed to Mr. Dusker. He is in no way a doctor..."

"Let's do this in chambers," Manning cut in before the jurors heard enough to order a mistrial.

Allyson clamped her mouth shut before another syllable escaped. Two minutes later, all the participants were seated in Judge Manning's chambers.

"Your Honor," Quinn began.

"Just a minute, Mr. Quinn," Manning said. He gestured toward Jonah Attenborough.

"Your Honor, it is our right to question the credentials of any witness that the defense wishes to classify as an expert," Jonah said. "I'm not certain why Mr. Quinn is so upset."

"Dr. Dusker has been certified as an expert witness in a dozen trials," Quinn said.

"That's not exactly true," Allyson chimed in. "He's been certified as an expert nine times and always in civil cases. That's not our point. He's never been certified as an expert in forensic science. He's also claiming an academic title he didn't earn."

"Ridiculous," Quinn stated angrily.

"He was awarded an honorary doctorate from a small school in New York," Allyson said, passing over a copy of a letter on school letterhead. "He's never completed his doctorate degree and to tell the jury he has borders on misconduct. Your Honor, Mr. Dusker is a professional witness and has been for close to twenty years. He's the guy you pay to say whatever you want said. I have transcripts of his testimony on everything from accident reconstruction to arson investigation. Yes, he pops up on those TrialTV shows all the time but that does not make him an expert on the witness stand."

Manning started nodding as he reviewed the letter the prosecution had passed along and continued as he glanced through the court transcripts.

"I'm going to permit 'voir dire'," he declared. "There is no reason for the jury to hear it so I'll send them to an early lunch."

Arnold Dusker looked like a television actor hired to play the part of an expert witness, Allyson decided. His brown hair had a touch of gray at the temples and he wore the latest in rimless glasses. His suit was understated and his blue tie was the exact same shade as his eyes.

"Mr. Dusker," Allyson said, rising to her feet.

"I hold a doctorate degree, young lady," the witness cut in.

"Let's start there," Allyson replied with a smirk. "Upon what subject did you write your doctoral dissertation?"

"I don't see... ," Dusker began.

"Answer the question," Manning interrupted. The witness flushed and looked at the defense attorney – who pointedly looked away.

"Mr. Dusker?" Allyson asked. The witness shifted his gaze to her but didn't speak.

"Okay, let's try this another way," she said wearily. "Did you complete coursework for a doctorate degree?"

"I hold a doctorate," the man repeated.

"Which is not what I asked, you fraud," Allyson said, her temper getting away from her.

"Miss Granger, please," Judge Manning said.

"If this snake oil salesman will just answer my direct question, Your Honor," Allyson seethed.

"Mr. Dusker, I'm going to ask you the same questions that Miss Granger has just posed," the judge said in his sternest voice. "I would advise you to answer them fully and completely. If I lose my cool with you, well, that means you get to see what the inside of our county jail looks like. Now, Mr. Dusker, did you complete coursework for a doctoral degree?"

The man had shifted in his seat and his gaze had crossed the dozens of reporters, each poised to take down his answer. He had never been quizzed on his title because it came after a number of years as a witness on a variety of subjects.

"I did not," he answered. He heard several gasps from the courtroom spectators and the scratching of pens against paper. His lack of credentials would be all over the news at the next break in the trial – and his career would likely be over.

Judge Manning gestured for Allyson to continue.

"Well, that was like pulling teeth," she grumbled. "So, Mr. Dusker, the title you claim is fraudulent, isn't that correct?"

"I have an honorary doctorate from Walsh University in New York," he answered in a tight voice.

"Oh, isn't that nice," Allyson said. "How many box tops did that take?"

"Your Honor!" Quinn said, jumping to his feet.

"I withdraw that question," Allyson said sweetly. "Is your honorary doctorate in forensic science?"

"No," Dusker answered.

"Is it in any of the other multitude of fields where you've testified as an expert witness?" she asked.

Dusker looked mutinous but Manning cleared his throat and the witness acquiesced.

"No," he answered.

"So it's not in accident reconstruction?" Allyson pushed.

"No."

"It's not in ballistics?"

"No."

"It's not in genetics?"

"No."

"Your Honor, she's just badgering the witness," Quinn said. "There is no jury here and I think the Court gets her point."

"I agree," Manning said. "Move along."

"Just for giggles," Allyson said, "what is your honorary doctorate in?"

Dusker waited for Manning or Quinn to intercede but both men simply looked at him. They both knew the answer but it was obvious that the judge wanted everyone else to know, too."

"English," Dusker answered.

"Good God!" a reporter muttered a little too loudly. She was a commentator on TrialTV, he knew.

"So, you believe that your honorary doctorate in English entitles you to be classified as an expert witness on DNA analysis?" Allyson asked.

"That is not my sole qualification," Dusker answered.

"Have you ever worked at a forensic laboratory?" Allyson wondered.

"Well, no," Dusker admitted.

"Have you ever performed a DNA sequencing test?" Allyson tried.

"No."

"Have you ever visited the South Carolina State Crime Laboratory?" she posed.

"Well, no," Dusker replied.

"Then what in the world makes you think that you're expert in this field?" Allyson asked loudly. "Please give us a list of your qualifications – and feel free to put that honorary degree to use and use all the big words you want. If we don't understand them, we'll get a dictionary!"

"Miss Granger," Judge Manning said in a tired voice.

"This is ridiculous, Your Honor," Allyson said, her voice filled with anger. "The defense plans to parade a list of charlatans and quacks in front of the Court and the jury. I move to disqualify Mr. Dusker as an expert witness. Since he readily admits that he's never even been to the state crime lab and he's never conducted a scientific experiment in his life, it's a monumental waste of time for the jury to hear a syllable from him. He will only serve to muddy the waters and nothing he says can be taken as evidence."

"Mr. Quinn?" Manning asked, turning to the defense table for a response.

"Dr. Dusker has written several articles on the reliability of DNA tests and the flaws in the AFS system," Quinn said.

"And every single article has been refuted by someone who actually knows what in the hell he's talking about!" Allyson spat.

"Miss Granger, that is enough!" Manning said angrily. "Mr. Quinn, Mr. Dusker's testimony is confined to those articles he's written. He is not to say a single syllable about the tests in this case or to hint that the state crime lab is anything less than foolproof. Is that understood?"

"Your Honor, this testimony is crucial... ," Quinn said only to be cut off by the judge.

"And that is enough from you, too," Manning declared. "If this is so crucial, you should have found someone with a pedigree to deliver it to the jury. Now I want you to state for the record that you understand what I just told you. That way I have it right there when I lock both of you up for contempt if you stray from the path. Do you understand?"

"Yes, Your Honor," Quinn said meekly.

"And Mr. Dusker?" Manning asked, turning to the startled witness. "Do you understand?"

"I think it would be better if I am excused from the stand," Dusker said.

"That will be up to Mr. Quinn," Manning said. "I asked if you understand the instructions I just gave to you."

"I understand, Your Honor," Dusker said, shaking his head.

Arnold Dusker sat on the stand as the jury filed back in. All of those who would decide Jonathan Mayfield's fate took a moment to look at the man. Some were familiar with him from his TV appearances but others were just curious about why the prosecution had thrown such a fit when he was called.

Wyatt Quinn arose and walked toward the lectern.

"Dr. Dusker," he began.

Both Jonah and Allyson vaulted to their feet but Manning cut them off.

"Just a moment, Mr. Quinn," the judge said. "I want to issue a few instructions to the jury about this witness – since it appears obvious to me that you slept through the preceding hour."

The judge's face was pleasant when he turned the fifteen men and women (twelve jurors and three alternates) in the box.

"Ladies and gentlemen, I want it to be understood that while Mr. Dusker does hold a doctorate degree, it is an honorary degree," Manning said. "He did not earn it in the traditional sense. It is also not in the area about which he will soon testify. Therefore you may not consider him an expert in any field for the purposes of his testimony. He may not issue opinions related to any subject and, if he should, those should not be given any more weight than any other person you might stop on the street. Do you have any questions?"