In the morning, Hellman scheduled a meeting with Denton, who immediately requested that the lab fax a copy of Gray’s DNA report over to him. As they both read the conclusion indicating that Madison’s DNA did not match that on the beer cans, Denton nodded. Hellman wished it said something about Harding’s DNA and the cigarette, but at least the report ripped significant holes in the prosecution’s case.
“You look disappointed,” Hellman said.
“I spend two months investigating and preparing a case against a defendant, we’re days away from trial, and then it turns out he may be innocent? You’re damn fucking right I’m disappointed.” He looked at Hellman, who took a breath to speak, but Denton held up a hand. “You’re going to tell me that I should be glad that justice is being done, that we’re not going to prosecute the wrong man.”
“That’s exactly what I’m about to tell you.”
“Spare me.”
“I strongly urge you to look at Brittany Harding. She’s got motive and I’ve got plenty of evidence that you’ll be interested in. If you take this information in good faith and investigate, you’ll be able to corroborate everything I’m going to give you. I can practically hand you a case complete with evidence, on a silver platter. I’ll make you look good.”
“I don’t need you to make me look good.”
“You know what I mean. We both know that for the next two or three weeks you’re going to have a little egg on your face.” He figured it was better not to sugarcoat it. “But I’m telling you: look into Harding and you’ll have your suspect-with a very reasonable chance of conviction.”
“Let’s hear this so-called ironclad evidence,” Denton said, loosening his blue tie and sitting down behind his desk. Although it was only nine in the morning, he looked exhausted…the lines in his face deeper, his complexion a bit pallid.
“I wouldn’t use the term ‘ironclad,’ but it’s damn good.” Hellman recounted the rape complaint Harding had filed, showed him a copy of the contract he wrote that bore the signatures of Movis Ehrhardt and Brittany Harding, and a copy of the forty-thousand-dollar check. He also showed him the picture Harding had staged and explained how it had been taken. Told him the complaint was withdrawn and the money returned by Ehrhardt. Produced a copy of the returned funds’ cashier’s check. His presentation was building up steam when Denton interrupted him.
“What the hell does all this-”
“Motive, motive, and motive. Shut up and listen.”
Hellman reached into his attache case and pulled out a DVD. “Pop this into your PC.”
Hellman provided a brief introduction to Mark Stanton, and the information that Chandler had gleaned about his experience with Harding. Denton placed the disc onto the platter and the video began playing.
At the end of the recording, Denton arose. “Compelling, I’ll give you that.”
“Compelling? That’s it?”
Denton shrugged. “It goes to motive, and motive is still circumstantial.”
“But it’s the best case you have, circumstantial or not. Your case against my client was circumstantial and it was a damn shot weaker than what you have against Harding.”
Denton ejected the DVD and handed it back to Hellman. “I’d like a copy.”
“Keep that one,” Hellman said. “I already had one made for you.”
Denton was shaking his head, apparently absorbed in a conversation with himself. “I’d have to litigate the collateral matters as well…not only would I have to prove that Harding was the driver of the car, but I’d also have to prove that she extorted Stanton and Madison, and that Madison had not, in fact, raped her. I’ve got three separate trials in one. Not to mention the fact that this DVD is possibly inadmissible.”
“But Mark Stanton probably would not be. He’s in town and I could get him to testify.” Slight stretch of the truth, but he would worry about that later. “And…this video will help you establish motive, and get you a search warrant for a sample of Harding’s DNA.”
“You’re assuming that Harding’s DNA will match the DNA on the beer cans, which would then suggest she was driving the car.”
“Exactly.”
“Okay, but how’d she get Madison’s car? Does he leave it unlocked at night?”
Hellman explained about the missing key, then sat back and studied the prosecutor’s face.
Finally, Denton sighed and shook his head slightly. “Complicated. Too many places to trip up.”
“Complicated, but not impossible. You’ve handled tougher cases with less than you’ve got here.”
Denton rubbed his eyes. “Yeah, I guess I have.”
“And I’ve got one other piece of information that’ll be of use,” Hellman said.
Denton sat down again and leaned back in his swivel chair. “I’m listening.”
“How about an eyewitness who saw Harding with a six-pack of the same brand of beer in her shopping cart a few days prior to the murders. And how about that same witness hearing Harding screaming at Madison, ‘You’ll pay for this, I’ll get you for this!’? Would that make you feel better?”
“Do you have such a witness?”
“A supermarket checkout clerk at Food amp; More. He moved back east, but we can get him out here if needed.”
Denton raised an eyebrow. “Now that’s quite promising. But I’d have to interview the guy myself, get him on record.”
“How about a voice recording of him identifying Harding and describing what he saw in the market?” Hellman asked, removing a USB thumb drive from his attache. “Starting to feel better about your case?”
A smile fluttered across Denton’s drawn face. “Maybe it won’t be such a bad day after all.”
Hellman shut his attache and stood up. “Tomorrow I’d like to go to the media with the DNA info.”
Denton sat up straight, as if he had just been awakened from a nightmare. “No, not the media. Not yet.”
“Tim,” Hellman said, softening his voice down to one of reason, “my client has gone through hell. He’s just about lost his practice, he lost his privileges at the very hospital he saved from insolvency, and his marriage almost fell apart. Shit, I don’t even know if he’ll be able to overcome all this and salvage his reputation.” He leaned forward. “With those beer cans pointing to a different suspect, the case against my client is very weak. If you’re going to continue pursuing him in light of this new evidence…” He tilted his head and let his voice drift off, allowing what he did not say to speak volumes: lawsuit. Big, expensive lawsuit.
Denton took the hint. “Fine. Give them the DNA results and try to clear Madison’s reputation. But don’t go overboard. Just tell them that new evidence has come to light and it looks good for your client. I’m not dropping the charges yet. I need to be more comfortable with Harding than Madison as the murderer before I dismiss. In the meantime, assuming your client will agree to it, I’ll move for a continuance.”
“Get a search warrant and a DNA sample. Believe me, Tim, that’ll satisfy your curiosity.”
“You seem pretty confident.”
“I am. I’m confident in my client’s innocence and in the evidence I’ve given you on motive.”
“Fine,” Denton said, rising to shake Hellman’s hand. “But you make no mention of Harding as a suspect when you talk to the media. That’s my party, if and when the time comes.”