The Last Alibi

97

Shauna

“So when did you discover all this information about Marshall Rivers?” Roger Ogren says to me as we head into chambers after the completion of Jason’s direct examination. “Before the arraignment? Before the prelim? Six goddamn months ago?”

“Children, children.” Judge Bialek makes a calming gesture with her hands.

“Mr. Ogren’s upset, Your Honor,” I tell her. “His case is falling apart.”

The judge, already out of the black robe she detests, looks over her glasses at me with disapproval. And maybe disagreement, too. There was some sizzle this afternoon with the cameo appearance of the North Side Slasher, but no steak: At the end of the day, we have put on no concrete proof that Marshall Rivers played the part of James Drinker in Jason’s office, and we have absolutely no proof whatsoever that Marshall Rivers killed Alexa Himmel.

“Mr. Ogren,” she says, taking a seat and folding her hands. “I think the answer is probably that the defense did have this information long ago, but Ms. Tasker wanted to surprise you with it. She didn’t want you to have time with it, to play with it, to investigate it, to refute it. She wanted to spring it on you so you’d be caught flat-footed in the middle of trial without any time to respond.”

“I think you’re absolutely right, Judge,” Ogren agrees.

“The problem for you, as you well know, is that she’s perfectly entitled to do that very thing. She hasn’t violated any discovery rule that I’m aware of. She’s not trying to introduce a piece of evidence that she didn’t disclose. And there’s no affirmative defense for Someone else killed her, not me, so she didn’t have to disclose that, either. And I’m going to guess that there’s a reason that Ms. Tasker put the entire roster of Area Three detectives on her witness list. I’m going to guess that Area Three handled both Ms. Himmel’s case and the north side murders?”

“Indeed, they did,” I say, without a smirk.

“Mr. Ogren, I think you’ve had your pocket picked fair and square.”

He shakes his head, bemused. “I need a continuance, Judge.”

“Well, I’m not going to give you one. I have Mr. Kolarich’s cross-examination scheduled for completion tomorrow.”

“I need more time.” Ogren’s tone is defiant, not pleading. “In the interests of justice, I need more time.”

The judge pauses, purses her lips, thinks about it. “Ms. Tasker, who else are you planning on calling?”

“Our next witness will be Detective Vance Austin, the lead investigator on the north side murders.”

The judge nods. “Is that all?”

“It depends on what he knows, Judge. But that’s my current plan.”

“All right. Good enough. Mr. Ogren, when the defense rests, which could be. . Monday or Tuesday?” She looks at me for confirmation; I shrug. “Whenever that happens, I’ll hear any request you may have on a continuance before you put on your rebuttal case. But Mr. Ogren, hear me and hear me well: Don’t be optimistic. I would strongly advise you to put your Area Three detectives to good use between now and Monday.”

“I understand, Judge.”

“Cross-examination tomorrow morning at nine,” the judge says. “That’s all.”