The Innocent Woman

40

Officer Hanson was practically beaming. As he took his place on the witness stand, it was clear to the jury that he could hardly wait to give his testimony.

“Officer Hanson,” Judge Wylie said. “We adjourned court yesterday so that you could conduct certain tests. Might I ask if those tests have been completed?”

“They have, Your Honor.”

“Very well. I remind you that you are still under oath. Proceed, Mr. Winslow.”

“Thank you, Your Honor. Officer Hanson, you say that you have conducted the tests I requested?”

“Yes, I have,” Hanson said. He reached into a paper bag that he had brought with him and pulled out an answering machine. “In addition to conducting the tests, I have brought the answering machine itself into court and I am prepared to demonstrate my findings.”

At the prosecution table, Dirkson was grinning from ear to ear. The answering machine evidence had put Steve Winslow in an impossible position. He had to either reject the offer of a demonstration of the evidence he himself had asked for, or go ahead and put on the evidence that contradicted his own theory.

“Well, that’s mighty considerate, Officer Hanson,” Steve Winslow said. “When you refer to this as the answering machine, do you mean this is Amy Dearborn’s answering machine?”

“That’s right.”

“This is the one taken from her apartment?”

“Yes, it is.”

“You identify it as such?”

“Yes, I do.”

“Then I suggest we mark it for identification as Defense Exhibit A.”

“That’s a prosecution exhibit,” Dirkson said.

“Well, you didn’t choose to introduce it,” Steve said. “I am, so let’s mark it for the defense.”

“Mark it any way you like,” Dirkson said. “I think you’ll find it’s not for the defense.”

“That will do,” Judge Wylie said, banging the gavel. “This sparring, while still good natured, is wholly inappropriate. Mark it and proceed.”

When the answering machine had been marked, Steve Winslow said. “Now, Officer Hanson, you say you are prepared to demonstrate your findings?”

“Yes, I am.”

“You have a power source for the machine?”

“I believe the prosecution has run a line.”

“We have, Your Honor,” Dirkson said. “If it please the court, we have run an extension cord to right in front of the jury box. And we have a stool to place the answering machine on so the jurors can see it.”

“Very well,” Judge Wylie said. “Officer Hanson, if you would care to set this up.”

“Yes, Your Honor,” Hanson said. He took the answering machine, placed it on the stool and plugged it in.

“All right, officer,” Steve Winslow said. “If you’d just like to describe what you’re doing.”

“Yes, of course,” Hanson said. “As you can see, I’ve plugged the machine in. Notice the light on the machine. It is now off. See this button? This is the on/off switch. I press it on-note the red light is now on.”

“Indicating what?” Steve said.

“That the machine is turned on ready to take messages. The fact that the light is not blinking indicates that there are no new messages since the machine was turned on.”

“I see.”

“Now then,” Officer Hanson said. “Watch what happens when I push the button marked save.” He did so. The light on the machine began blinking. “You’ll notice that the light is now blinking. That’s because there was one message on this tape at the last time the messages were set. Now then, look what happens when I press the button marked play.”

He did so. The blinking light stopped blinking. The tape whirred. Then Officer Hanson’s voice came through the speaker, saying, “Testing. Testing. This is Officer Hanson, conducting a test of the answering machine to see what happens with the blinking light.”

Then there was a beep and the answering machine clicked off.

“You will notice,” Officer Hanson said, “that the light that was blinking is now steady. That’s because we listened to the message. That’s how the light goes from blinking to steady-when the messages are played back.”

“And what about the other methods I suggested?” Steve Winslow said.

“Let me show you,” Officer Hanson said. “First off, let’s get the light blinking again.” He pressed a button on the machine. “I’ve pressed the button marked save. That saves the message you just heard. It’s now blinking, indicating that that message is on the machine.”

He held up a finger. “Now then. You asked me what would happen if I turned the machine off and then turned it on again. I will do so now.”

Hanson pressed the button and the light went off.

“There,” Hanson said. “I’ve pressed the on/off switch, turning the machine off. Now then, I’m going to turn it back on again.”

Hanson pressed the button again.

The light began blinking.

There was a murmur in the courtroom. Some of the jurors looked at each other. They were clearly impressed.

“Now then,” Officer Hanson said. “You also asked what would happen if the answering machine was unplugged.”

Hanson took the plug, pulled it out of the extension cord, The light went out.

“Same thing,” Hanson said.

He plugged it back in again.

The light resumed blinking.

“You also asked about a power failure and suggested that we throw a circuit breaker. I don’t know if Judge Wylie would like us to turn out every light in the courtroom, but I can tell you that when I performed the test last night, throwing the circuit breaker had absolutely no effect on the blinking light. It just kept blinking. It keeps blinking until you listen to the message.”

“Is that so?” Steve Winslow said.

“Yes, it is,” Officer Hanson said. “We’ve performed every test possible on the machine. The conclusion is inescapable. For the light to go from blinking to unblinking you have to listen to the message. There’s no way around it.”

“That’s your conclusion?” Steve Winslow said.

“Yes, it is.”

“What I mean is, that’s not a fact, that’s just your conclusion.”

Hanson smiled. “If you want to characterize it that way, I suppose you can. It’s a conclusion I can draw. It’s a conclusion you can draw. It’s a conclusion the jury can draw. From the tests conducted, it happens to be the only conclusion.”

“Is that so?” Steve Winslow said. He reached in his pocket, pulled out a micro-cassette. “Your Honor, I ask that this be marked for identification as Defense Exhibit B.”

“Objection, Your Honor,” Dirkson said. “Where did that tape come from?”

Steve Winslow smiled. “I just pulled it out of my pocket.” He handed it to the court reporter. “And now I’m marking it for identification. Which I have every right to do. If you’d like to object to me introducing it into evidence, why don’t you wait till I do so?”

Judge Wylie banged the gavel. “Once again, gentlemen, I would caution you.”

When the exhibit had been marked, Steve Winslow said, “Now then, Officer Hanson. I show you a micro-cassette marked for identification as Defense Exhibit B and ask you if you have ever seen it before?”

“No, I have not.”

“Fine, Officer Hanson,” Steve Winslow said. “I ask you to remove the tape that is now in the answering machine.”

“Very well.” Hanson flipped up the cover, removed the tape.

“Now then,” Steve said. “You’ll notice I am inserting this micro-cassette, the one marked for identification Defense Exhibit B.”

Steve Winslow did so, and closed the lid. “Now then,” Steve said. “You’ll notice the light is steady. Is it not?”

“That’s right.”

“Fine,” Steve said. “I’m now pressing the button marked save.” He did so. The light began blinking. “You will notice that the light is now blinking, indicating that there is one message saved on the tape. Do you see that?”

“Yes, I do.”

“Fine,” Steve said. “Now, watch this.” He reached on the side of the machine. “This is a volume control lever. It is set at maximum.” Steve pulled the lever. “I am now turning the volume control level from maximum down to zero. I am now pressing the button marked play.”

Steve did so, and walked away from the machine.

There came a click, then the faint whir of the tape turning. That went on for several seconds. Then there was another click. Then silence.

Steve Winslow smiled at the jury, then turned back to the witness. “Officer Hanson,” he said. “Do you notice that the blinking light is now steady?”

“Yes, I do.”

“Officer Hanson, would you now turn the volume control level on the machine from zero back to maximum?”

Hanson did.

“And now press play.”

There was a beep, then Steve Winslow’s voice came crackling over the speaker. “Good morning, Officer Hanson. This is Steve Winslow. Tell me, officer. You didn’t hear this message when I played it back just now, did you?”