Chapter One Arraignment

 

 

 

 

 

 

 

 

COUNTERPART

 

by

Robert F. Clifton

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Counterpart

Copyright 2017 by Robert F. Clifton

All rights reserved. No part of this book may be

reproduced or transmitted in any form or by any

means without written permission from the author.

 

 

The reader is advised that this is a work of fiction.

Any similarity to names, places or events is purly coincidental.

 

 

 

Dedicated to Cassidy Malouf, Lane & Adeline

Yomans....The Great Grand Kids

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduction

 

Adam Bader is a young lawyer who as a Public Defender is assigned to defend a young man accused of murder. The Prosecutor for the State has eye witnesses that place the defendant at the crime scene. At the same time there is evidence of the man's DNA on the victim. Bader must raise a reasonable doubt in the mind of the jurors.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table Of Contents

 

Chapter One.....Arraignment

Chapter Two.....Research

Chapter Three..Mullica Run

Chapter Four....Tyrone Lofton

Chapter Five.....Thaddeus Lofton

Chapter Six.......Trial Day One

Chapter Seven...Trial Day Two

Chapter Eight....Defense

Chapter Nine.....Counterpart

Chapter Ten......Verdict

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter One

Arraignment

 

At eight forty-five AM on a hot, July, Monday, Adam

Bader stood on the concrete sidewalk in front of the county court house. He silently counted the number of marble steps that led from where he stood to the landing that contained the doors of the building. “Fifteen steps. Fifteen steps that lead to another chapter in my life”, he thought to himself.

Adam Bader was new to his position as a Public Defender. He had graduated from Law School, passed the Bar exam, served as a law clerk and unable after that time to secure a position with a notable law firm applied for and was hired by the Public Defenders Office. After six months of reading files and court transcripts he was assigned to the Major Crimes And Complex Litigation Division. Now, today, he was assigned to defend a man accused of murder, a man he had yet to meet, but a man who had the right to an attorney and his day in court.

Bader began walking up the steps. As he did he thought of what might happen on this, his first day as a defense attorney.

“Today would be easy. The State will introduce its indictment after which I’ll enter a plea of “Not Guilty on behalf of my client, Ronald Pearl, accused of murdering Wanda Brewer. After that the judge will ask Pearl if he is satisfied with his court appointed lawyer. Once satisfied that Pearl approves of me the judge will then set a court date for trial, to be announced later.” It would be at that time that Bader would announce that he had just been assigned to the case. He would then ask for a reasonable amount of time in order to investigate the charges and to prepare his defense. Once the court proceedings ended Bader would meet in private with Pearl and look for answers to several questions.

 

Adam suddenly became aware of the change in temperature as he left the heat of the morning and stepped into the air conditioned interior of the building. On this day he was attired in a dark blue suit, white shirt and light blue necktie. Standing at an even six feet tall and weighing one hundred and eighty five pounds he had made the mistake of wearing a wool suit in summer. The decrease in temperature made him suddenly conscious of the now, cool, moisture that had formed in his armpits. At the same time he was glad the dark suit would hide any signs of perspiration. Then, entering the court room through two, wide swinging doors he was surprised to see that the room was practically empty. To his left and near the front of the room sat a balding, portly man who Adam assumed was a newsman. Near the judges bench a uniformed bailiff was in a deep conversation with a young female court reporter. His concentration was interrupted when he heard the words, “Ah, you must be Mister Bader, representing the accused,” said a tall man with white hair, dressed in a gray suit, white shirt and maroon, necktie.

“True, and you are?,” asked Bader.

“ Charles Belcamp, Prosecutor for the State,’ answered the man.

“ Adam Bader, a pleasure to meet you sir,” said Bader offering his hand.

“Well, I must say they’re sending you young pups into the fire of criminal cases right out of law school. How old are you

son?”, asked Belcamp.

“Twenty-nine.”

“Twenty-nine? When I was twenty-nine I was still reading case law preparing members of the Bar for court. Now days, as I have said, young lawyers receive a law degree, meet the qualifications to argue the law in court and set out to make first, a name for themselves and then a fortune. Are you the like of them?,” asked Belcamp.

“Not that I’m aware. Right now I’m concerned about defending my client,” said Adam.

“If your client is Ronald Pearl, I suggest that you consider a plea bargain. I’m willing to accept a guilty plea say, to Second degree murder. In exchange the State will request a sentence of fifteen to thirty years. With good behavior your boy could be out after serving, maybe fifteen years.”

“Mister Belcamp I haven’t met with Ronald Pearl or had time to even read the particulars of the case. What I will do is keep your offer in mind, but I doubt very much if we’ll take it.”

Belcamp smiled. “I expected as much. However, I’ll keep the offer open for awhile. You see, you’re coming in here like others before you. This is your first case in Criminal Court. Your office wants you to get your feet wet. Personally, I think they might be sending you in here to drown. For your information I’ve been prosecuting cases like Ronald Pearl’s for nearly twenty years. I’ve read the police reports, examined the evidence and as a result came to the conclusion that not only is your client guilty, but I’ll be able to convince a jury that he should be punished. That punishment could be life in prison. Unless of course you consider the plea bargain. It’s up to you.”

Adams reply was canceled when he heard the loud words,

“All rise! Judge Roger Parson presiding.”

Judge Parson banged the gavel and as he was sitting down said, “You may be seated”. Both attorney’s remained standing.

Parson shuffled a stack of papers that had been placed before him. Lifting his head and peering over his eyeglasses looked at Adam. “You must be Mister Bader,” said the Judge.

“I am your honor.”

“Well if you are here to represent Ronald Pearl I don’t see him in my court room.”

“He is on his way Judge,” said the bailiff.

“Then why did you call me out of my chambers if the defendant wasn’t in the room?”, asked Parsons.

“Sorry sir,” the bailiff said apologizing.

“Never mind. Here he comes,” the Judge replied.

Adam turned and saw a tall, young black man attired in an orange jump suit. The color of his skin was a deep black. Bader judged him to be over six feet tall. His hair was cut and styled close to his scalp and a thin mustache grew on his upper lip. A shiny thin, steel chain circled his waist and each hand was handcuffed to the chain waist high. Two Deputies escorted the man to where Bader stood.

“Are you Ronald Pearl?”, asked the judge.

“Yes sir,” Pearl answered.

“Mister Pearl, Mister Bader is your court appointed lawyer assigned to you since you have indicated at the time of your arrest that you could not afford an attorney. I realize that you two have not met until this moment so I can give you time to get to know one another or in order to save time you can inform the court that you accept Mister Bader to represent you. I will also advise you that at any time that you feel that Mister Bader isn’t representing you fairly you can then petition the court for new counsel. Should that happen then it would be up to the court whether or not to assign a new lawyer to represent you. Do you understand?”

“Yes sir,” said Pearl.

“And do you accept Mister Bader as your lawyer?”

“Yes your honor,” Pearl replied.

“Very well. You sir are charged with the murder of one Wanda Brewer on or about June the twenty first in the year two thousand and fifteen. How do you plead Mister Pearl?”, asked the judge.

“The defendant pleads, not guilty!”, said Adam.

“ Mister Pearl your lawyer has entered a plea of not guilty. Do you agree?”, asked Parsons.

“Yes sir,” Pearl replied.

“Very well. The court will research the docket and schedule a court date,” said Parson as he banged the gavel and got up out of his chair.

“All rise!”, said the bailiff loudly.

Bader looked at his watch. Turning then to Pearl he said, “Look, I’m going out for a cup of coffee. I’ll be gone maybe a half an hour. When I get back I’ll send for you and then we can talk. Do you need anything?”.

“A cup of coffee and a doughnut sounds good to me,” Pearl replied.

“No problem. See you in awhile. Now go with the deputies.”

When Bader walked out of the court house he was hit with the morning heat as the sun and temperature was both rising. He stopped and stood on the top step then reached into the inside pocket of his suite coat and removed a pair of sunglasses. After placing them over his eyes he descended the steps, set foot on the sidewalk then crossed the street walking to the small restaurant that had been catering to lawyers, reporters, witnesses and members of juries for years.

As he entered the restaurant he found it crowded, but seeing an empty table next to the kitchen door made his way to it and took a seat and removed the sunglasses. A waitress coming out of the kitchen saw him and said, “Be with you in a jiffy sweetie.”

“Take your time,” Adam answered.

Five minutes later the waitress stood at his table and said,

“What can I get you?”

“I’ll start with a cup of coffee and a couple of doughnuts. Also I want the same to go, but hold the to go order until I’m ready to leave.”

“Sorry, were out of doughnuts. The early morning breakfast customers usually clean us out. How about danish?”

“That will work.”

“Any special kind?”, she asked.

“Anything except prune,” Adam replied.

“No problem. I’ll be right back.”

As he waited for his order Adam went over again the information he knew about Ronald Pearl, most of which he gained from police arrest reports and records. “Supposedly Pearl was born sometime 1986. It is now 2016 making him just turning thirty. He is single. His occupation is that of a short order cook and supposedly had never been in trouble with the law until arrested for the murder of Wanda Brewer. OK, according to the police reports Wanda Brewer was jogging along the Mullica River. On the Sunday morning of June 21, 2015 she was attacked. The police believe that the reason for the attack was sexual. This theory is based on the fact that DNA was found on the waistband of Brewers jogging pants. DNA was also found on the victims throat left there when she was strangled to death.

Witnesses came forward two days after the homicide and told police that they remember seeing a Black male on that day. They told police that the man had been fishing and led the police to the spot where the man had been seen. At that place the police found an empty Styrofoam coffee cup and a paper bag which was taken into evidence. The paper bag had the logo and name of “Sally’s Diner.”The coffee cup and paper bag was sent to the laboratory. Laboratory examination found DNA which matched the DNA found on the victims body and clothing. Shortly after, the police then went to Sally’s Diner. There, in the kitchen they found Ronald Pearl. He matched the description given by witnesses and was taken in for questioning. At that time a sample of Pearl’s DNA was taken. When all the DNA collected matched that of Ronald Pearl he was arrested for the murder of Wanda Brewer. Question. Was Pearl, giving a sample of his DNA voluntary?” Adam made a mental note to ask Pearl when they talked at the County Jail.

After the waitress brought his order he took his time adding creamer and sugar to his coffee and as he continued to stir his mind once again began to work. “DNA evidence while not absolute, in my mind I considered it very, very convincing to a jury I must research any and everything I can find in relation to the subject. You can bet Belcamp will produce experts on the topic. I must be ready to cross-examine and be able to rebut.”

Later, Bader left a dollar tip for the waitress. He picked up the paper bag containing a Styrofoam cup of coffee and a danish along with the check and walked to the cashier. There he paid his bill and after placing his sunglasses on walked out on to the sidewalk. He crossed the street and walked to the rear of the court house to the entrance of the county jail. Entering the building he identified himself and requested that Ronald Pearl be brought to him. He was then taken to a room where the lawyer and his client could meet and talk.

Adam entered the small room. Before he sat down he walked slowly around checking the walls and ceiling for any signs of a listening device or hidden cameras. Satisfied that there were none he took a seat at a table, placed his brief case along with the paper bag holding the Danish and coffee. He opened the brief case and took out a large yellow, blue-lined writing tablet and a ballpoint pen. He looked up when the door opened and Ronald Pearl entered the room followed by a deputy. Pearl was handcuffed.

“You can remove his handcuffs. I’ll assume responsibility,” said Bader.

The deputy removed the handcuffs and left the room. Pearl stood for a moment and rubbed his wrists then took a seat at the table. “Thank you,” he said.

“For what? Telling him to remove the handcuffs or for the coffee?”, asked Adam.

“Both.”

“You’re welcome. They were out of doughnuts. I got you an apple danish.”

“That will work.’

“Then, help yourself and enjoy. While you’re eating we’ll talk.’

“Cool.”

“ First of all, when the police took you in for questioning did they ask you for a DNA sample?”, asked Adam.

“Yes.”

“Did you give them a sample?”

“Yes”.

“Why?”

“Because I didn’t do anything wrong.”

“Let’s step back a moment. Did they read you your Miranda Warning Rights?”

“Yes.”

“Before or after you gave the DNA sample?”

“Before.”

“OK. How old are you?”

“I just turned thirty.”

“What is your date of birth?”

“I don’t know for sure. Supposed to be July fourteen in 1986.”

“You don’t know your birthday?”

“Not for sure. I was adopted. Mother Pearl always had a birthday celebration for me on September, nine. That was the date she adopted me. They stopped when she died. The foster homes I went to never asked me and there weren’t any birthdays after that.”

“What's your occupation?”

“I'm a short order cook at Sally's Diner.”

“Who is your boss?”

“Sally Burns.”

“How long have you worked there?”

“Bout three years.”

“I see. Do you like to fish?”, asked Adam.

“Don’t know. Never done it.”

“How far is it from Sally’s Diner to the Mullica River?”

“Don’t actually know. Two maybe three miles.”

“Do you know Wanda Brewer?”

“Nope.”

“Do you know what DNA is?”

“As far as I know it got something to do with cells and genes and no two people have the same kind.”

“Close enough. Now, can you tell me how your DNA, consisting of your cells and genes was found on the throat and clothing of Wanda Brewer?”

“Nope.”

“Think hard Ronald.”

“Only thing I can think of is that somebody put it there.”

“Now who could that be?”

“Don’t know.”

“You just told me that no two people have the same cells and genes. If you believe that then how could someone put your DNA on Wanda Brewer?”

“Don’t know.”

“Have you ever been arrested before being arrested this time?”

“No sir.”

“I want you to listen to me. Pay attention to everything I say. Mister Belcamp, the Prosecutor offered you a deal. It’s called a plea bargain. Here’s how it works. You plead guilty to the second-degree murder of Wanda Brewer and he will see that you serve fifteen to thirty years with a guarantee that you’ll be out in fifteen. That means right now you’ll walk when you’re forty-five years old. What do you think?”

“No way man. I didn’t do it.”

“OK. Next and again listen very closely and don’t bullshit me. Belcamp will be coming after us with everything he has, police reports, lab reports, witnesses that place you near the crime scene, DNA results and expert witnesses that back up everything he has. He also knows the answers to any questions he asks in court. In order to contest him in court I, like him must know the answers to any questions I might ask. So I’m going to ask the major question. Did you kill Wanda Brewer?”

“Mister Bader, I didn’t do it.”

Chapter Two

Research

 

Adam Bader sat At the desk of Walter Cummings. Cummings was in charge of assignments. “Alright, let me have it. How was your first day in court?,” Walter asked.

“ Right now I’d say that Belcamp has me by the balls,” Bader replied.

“How so?”

“ He’s holding all of the cards, in particular, DNA that matches Ronald Pearl.”

“Did he offer you a plea bargain?”

“Yes, fifteen to thirty years, out in fifteen .”

“And?”

“I told him, no, but would keep his offer in mind.”

“Did you mention this to Pearl?”

“Yes.”

“And?”

“He rejected it. He claims he’s innocent.”

“What do you think?”

“ I told him not to bullshit me but his guilt or innocence is no concern to me. Defending him is my main concern at the moment.”

“I see. Do you still want this case?”

“Yes.”

“Any ideas on how to defend him?”

“No, except I’m going to have to read and research everything I can but my hands on related to DNA.”

“Help yourself to the law library.”

“Thank you.”

“You’re welcome. I suggest you read everything you can about Barry Sheck and his “Innocence Project.” Cummings advised.

That evening Adam carried a heated frozen meal from the microwave oven to his kitchen table. He then sat down and before eating opened a book containing DNA information from the National Human Genome Research Institute. “What is DNA?”, he read. “The answer lies in the molecule called deoxyribonucleic acid (DNA) which contains the biological instructions that make each species unique. DNA along with the instructions it contains is passed from adult organisms to their offspring during reproduction.”

Taking a fork full of macaroni and cheese and after placing the food in his mouth he continued to read. “During DNA replication DNA unwinds so it can be copied. At other times in the cell cycle DNA also unwinds so that it’s instructions can be used to make proteins and for other biological processes. But during cell division DNA is in its compact chromosome form to enable transfer to new cells.”

Adam closed the book. “It’s no wonder prosecutors win cases when they use DNA as evidence. They introduce the fact that the defendants DNA was found at the crime scene or on or in the victim then explain to the jury just what DNA is and how it works.

The average citizen sitting in the jury box even if paying strict attention to what is being said and described would lose interest in about five minutes and wouldn't know any more about DNA after being addressed. The prosecutor knows this and then delivers the clincher. “The facts are that a DNA match proves the defendant's guilt is primarily based on the assumption that the probability against one individual DNA matching another is in the hundreds or millions or billions depending on who is crunching the numbers.”

Continuing in deep thought Adam sat back in his chair.

“Interesting but nothing is perfect. There has to be a defect somewhere. Where is it?” He continued reading. “However, as overwhelming as these figures may seem, it’s still possible to whittle them down too far less overwhelming odds if it can be shown that the methods used by the laboratories doing the testing were flawed in some manner.”

Excited, Adam quickly got up out of his chair and walked quickly into his living room. There he sat down at his desk and wrote about the possibility of laboratories making mistakes.

After returning to his kitchen he continued eating his meal. “What was it that Pearl said when I asked him how his DNA was found on Wanda Brewer's skin and clothing? Oh yes. He said, I don’t know, someone must have put it there. Adam opened a brochure titled, “ Experienced Criminal Lawyers” and read. “New reporting explains just how easy it is for a forensic technician with a little skill to manipulate and even manufacture false evidence. Experts claim that DNA is much easier to plant than fingerprints.

According to forensic scientists who analyze DNA for a living, there are at least two possible methods to create false evidence. One can capture real DNA in the form of hair, skin or other cells and plant it at the scene of a crime. Or it may be possible to actually manufacture false DNA or DNA with deceptive markers.

The most dramatic scenario would be that planted evidence could be used to frame an innocent person. But more simply, it’s easier to imagine planting misleading DNA samples that a defense attorney could use to establish reasonable doubt about what happened and who was there.”

Adam closed the pamphlet. “Interesting but Belcamp is too professional to come into court knowing his case was built upon false or manufactured evidence. The police? I doubt it. Still, the question does remain. How did Pearl’s DNA end up on Wanda Brewer? I’ll have to figure that out later. Right now I have to come up with a defense strategy.”

Bader got up from the kitchen table, picked up the now, empty, black, plastic container that once held the frozen meal and walked to where the trash basket sat under the sink and dropped it inside. After placing the used silverware and empty coffee cup in the dishwasher he walked again into the living room and sat at his desk. “ Strategy, strategy. Where to begin?,” he thought to himself. “Right now the greatest problem facing me is Pearl’s DNA being found on the victim. One thing is certain Belcamp will come at me with consistency. Yet, Pearl can’t or won’t offer any reason on how it got on the victim. As a result, there is no way at present on how to rebut Belcamp’s statements to the jury. At the same time, Pearl has no alibi. Wait! I missed noticing the date and time of death.

Adam quickly made notes. “ Check coroners and pathology reports.” “Now, so far, I believe Pearl but I’ve got to make certain, particularly when it comes to his background. First, his arrest record. Next, his claim to being adopted. As for his court and arrest records, I should be able to do that on the computer. It’s just a matter of tapping into the state or county courts website. To be on the safe side I’ll use the office computers. I know that we’re already into PACER (Public Access To Court Electronic Records).

The next morning Adam entered the office, walked to his desk and placed his brief case on the floor. Then, after sitting down turned on the desk top computer. He waited patiently as it booted up and at the same time removed a notepad and ballpoint pen from the desk drawer. When the computer was ready Adam typed, “NJ Criminal History Records Information.” Once on the New Jersey State Police website he next clicked on “Accessing CHRI. When that information appeared he found that as an attorney he had to subpoena what information he requested which allowed him to bypass filling out required forms. He then made a note to get the subpoena.

Walter Cummings walked up and stopped beside Adam’s desk. “How are things going?” he asked.

“I’ll need a subpoena in order to see if my client has a previous arrest record,” Bader answered.

“No problem but why?”

“I don’t want any surprises in court. You can bet Belcamp will have the answer to Pearl’s arrest record if he has one.”

“Good thinking, but you could learn that with the right to discovery,” Cummings said.

“Great, now tell me how many guys are in prison because the prosecutor either withheld information or forgot to mention information that should have been in the so called, discovery,”

Adam replied.

“Well, you do have a point.”

“Thank you.”

After Cummings walked away Adam then made a note to subpoena Pearl’s adoption record. When finished making notes

Bader than went to the website of the “Innocent Project.” There he read, “ The Innocent Project is a non-profit legal organization that is committed to exonerating wrongly convicted people through the use of DNA testing and to reforming the criminal justice system to prevent future injustice.”

“Good for them but so far Pearl hasn’t been convicted and it’s up to me to see that he isn’t convicted. What is interesting is that the Innocent Project exposes the fact that errors are made. This supports that theory that laboratories do in fact submit flawed

test results.”

Adam turned to his computer again and typed, “ Rate of Mistakes made in DNA Testing.” Several website addresses appeared and he clicked on, “ F.B.I. Audit Database That Indexes DNA Errors In Profiles.” Bader began to read:

“The Federal Bureau Of Investigation in a review of a national DNA database has identified nearly 170 profiles that probably contained errors, some the result of handwriting mistakes or

interpretation errors by lab technicians.”

“Interesting,” Bader thought, then he continued reading. “ The errors had the effect of obscuring clues, blinding investigators to connections among crime scenes and known offenders.

Doctor Harvey Kramer a biology professor at Winslow State University, said the disclosure was the governments clearest acknowledgment to date that”there are mistakes in that data base. The mistakes were discovered in 166 instances which found that DNA profiles in the database that was almost identical but conflicted at a single point.”

“There you have it. The government itself admits that mistakes are made in DNA testing or it reporting. I’ll keep this in mind as I prepare,” Adam thought to himself. He also wrote Doctor Harvey Kramer on his notepad as a potential witness. He then took two, blank subpoena forms and began filling out the first one, one that would be sent to the new Jersey State Police.

While he was working on the subpoenas Walter Cummings walked up to him. “This came in this morning mail. I think that it's the pathology report we requested.”

“Thanks, Walter,” said Bader as he took the envelope, opened it and leaned back in his chair he began to read the report.

“ June 26, 2015. The subject is a Caucasian female age eighteen. Examination for the cause of death is asphyxia caused by strangulation. This is based on the fact that there is bruising of the neck, hemorrhaging in the strap muscles under the skin on the sides of the tissues around the trachea and larynx. In addition to the blunt force injuries to the victim's neck asphyxiation was also recognized by pinpoint hemorrhaging, known as petechiae in the skin, conjunctiva of the eyes and deep internal organs. It is possible that the assailant left DNA evidence on the throat and back of the neck of the victim. The police were advised of this possibility. The estimated time of death is nine AM June 21, 2015.”

Adam placed the report back in the envelope and placed it on his desk. “Is that what you have been waiting for?”, asked Cummings.

“Yes. Now it's official Wanda Brewer is a victim of a homicide,” said Bader.

“OK, hang in there. Since you appear to be under the hammer so to speak I'm going to assign a law clerk to you.

Her name is Nancy Milner. She recently graduated from law school and is getting ready to take the bar exam. I think she'll be an asset to your case. I'm not going to tell you what to do or how to prepare your defense. I will suggest that you listen to this young woman. You will find that she is brilliant. At the same time, she's attractive, so keep your mind on your case,” said Cummings.

Twenty minutes later Adam's concentration was interrupted by a female voice. “Mister Bader?”

He looked up to see a young, blond woman standing at about five feet five inches tall with deep blue eyes. “Yep, that's me,” he answered.

“Mister Cummings has assigned me to help you. What do you need at the moment?”

“Are you familiar with this case?”, he asked.

“Not completely,” she answered.

“Here. Sit down and read what I have so far. If you have an idea on preparing a defense let me know. At the same time, I want information on case law resulting in the exoneration of the accused convicted by DNA evidence. Can you do that?”, he asked.

“Certainly,” she replied as she opened the file on Ronald Pearl. While Nancy was reading Adam got up from the desk. “I'm going to get a cup of coffee. Do you want anything?.” he asked.

“No thank you.” she answered.

When Bader returned ten minutes later Nancy handed him the file. “You read that entire case in the time I was gone?,” he asked.

“Actually Mister Bader you really don't have too much in the file.” she replied.

Adam laughed. “True, very true. Now that you have exposed me and my lack evidence and information for rebuttal in court where do we go from here?”

“Mister Cummings said that you needed to be brought up to date on DNA and in particular DNA used as evidence in criminal cases,” she answered.

“Correct. What can you tell me about it?”

“ I assume that you're not interested in the scientific terminology. Therefore, I found something that you might be interested in seeing. It deals with damaged DNA caused by natural causes, mutation, and damage caused by aging. It appears that DNA can be destroyed by many sorts of things. Here are a few,

oxidizing agents, alkylating agents, high-energy electric magnetic radiation such as ultraviolet and X-rays. One example would be the use of hydrogen peroxide which would cause mutation of the DNA,” she explained.

“That's good to know. However, from what I've read in the police report there is no mention of damaged DNA contained in the laboratory testing report. My, make that our since you're now involved in this case. Our problem is Ronald Pearl's DNA was found on the victim's throat, the back of her neck and on her jogging shorts. I asked him how it got there. He told me that first, he didn't know and second “That someone had to have put it there. Now, if you can explain that to me,” said Bader.

“I'll try. Are you familiar with the case of California vs. Simmons?”, Nancy asked.

“No.”

“As I recall the victim in a homicide, one Albert Connors was found dead the result of a homicide. A forensic examination of the evidence which included DNA samples taken at the crime scene revealed that the DNA sample was left by one, George Simmons. He was arrested and charged with Connors death. Well, it seems that on the morning of Albert Connors death George Simmons had been rushed to the hospital. The two ambulance attendants that lifted Simmons onto a stretcher were also the same two that placed Connors body on a stretcher. Thereby transferring Simmons DNA to Connors.”

“I assume that Simmons was exonerated,” said Adam.

“Of course,” Nancy replied.

“OK. You've sold me. Now, since it appears that we are going to be a team see what you can find about a Doctor Harvey Kramer. He's a leading geneticist and a professor at Winslow College. I hope to have him look at the DNA evidence and if we're lucky to have him as our expert witness,” said Adam.

“I'll get right on it. Do you happen to know the location of the College?,” she asked.

“Somewhere in Maryland. Incidentally, do you like the great outdoors? Bader asked.

“At times, why?”

“I want to look at the jogging trail and the crime scene. I need to familiarize myself with it. At the same time, I want to stop at Sally's Diner. I think it's time we at least spoke to someone that knows Ronald Pearl.”

“I understand what and why you want to do but do you mind if I make a suggestion?”, she asked.

“Shoot.”

“Before we hit the jogging trail let's have an investigator look into the background of Wanda Brewer. For instance, did she know Pearl? What days did she run the trail and at what times?”

“Good idea. I'll go asked Walter for a good, private investigator,” said Adam.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Three

Mullica Run

 

Adam Bader, Nancy Milner, and Walter Cummings sat, ready to listen to Frank Melber, a private investigator hired by the Public Defenders Office.

Bader was extremely interested in what Melber was about to tell them. Two weeks had passed since the man had been hired. During that time Adam sat looking at a file with sparse information.

Melber sat mopping his forehead with a handkerchief.

“Hot out there today,” he said.

“Yes, it is. Now what do you have for us?”, asked Cummings.

“Well, I went to Wrangle borough and met with Mr. and Mrs. Brewer. For the record, they are Andrew and Grace Brewer.

Naturally, I asked questions about their daughter. Here is what I was able to ascertain. First, Wanda Brewer was eighteen years old and recently graduated from high school. She was enrolled at Temple University in Philadelphia and was to begin her studies there in September. According to her parents, she was in excellent health and was an avid runner, or jogger if you will.

She ran on weekends, weather permitting and her favorite place to run was the jogging trail that was along the banks of the Mullica River.

Now, here's something that you might find interesting. It seems that before each run Wanda practiced carbohydrate ingestion or loading. According to the Brewer's their daughter would leave the house between six or seven AM and drive her car to Sally's Diner. There she would consume a breakfast high in carbohydrates, usually, pancakes with lots of butter and syrup.

If not pancakes then doughnuts, Danish or some type of pastry

with coffee, cream, and sugar.

After each run, she would cool down, as they say by sitting in her automobile drinking more coffee or tea from a thermos bottle that she had them fill at the diner. Now, I'll try to answer any of your questions,” said Melber.

“What days did she run?”, asked Adam.

“Usually on Saturdays, but sometimes on Sunday,” Melber answered.

“What about weekdays?”, Bader asked again.

“Rarely,” said the investigator.

“I see. Well, so far what you have told us coincides with what we already know. Wanda Brewer, according to the police and pathologist report was killed on a Sunday, June 21 to be exact. I'll have to check on whether or not a thermos bottle was found in the victims' automobile,” Adam added.

“Why?”, asked Nancy.

“ The presence of the thermos bottle will tell us that she kept to her routine, mainly that she stopped at the diner that morning,” Bader explained.

“If the police towed her car as part of the investigation they are supposed to inventory the automobiles contents. Would you like me to see if either the police or the prosecutor has a record of Wanda Brewer's car being towed?', asked Nancy.

“Yes,” Bader answered.

*********************

The following Sunday at eight o'clock in the morning Adam Bader parked his BMW in the parking lot near the entrance of the Mullica River Jogging Trail. After he and Nancy got out of the automobile as he was locking the doors he turned to her and asked, “Do we have everything?

“Let's see, bug spray, sunscreen, and water bottles. I don't know about you but I also have an empty stomach and an appetite,” Nancy answered.

“ I figured that after we check out the trail we would then go to the diner look it over and while there have either breakfast or lunch,” Adam replied.

“I don't know about you but all I've had this morning is a cup of coffee. I'll be having a breakfast,” Nancy responded

As they walked along the trail Nancy asked, “What are we looking for exactly?”

“I want to locate and examine the place that witnesses placed Pearl when they said they saw him fishing. Then, the place where the body of Wanda Brewer was found,” Bader answered.

“What's that smell”, Nancy asked.

“Sulfur, caused by rotting vegetation in the mud. The river flows into Great Bay. Right now it's low tide and the mud banks are exposed.”

Staying on the trail they passed stands of pickerel weed now in bloom revealing purple flowers. At the same time swamp milkweed exposed pink blossoms. As they walked around a curve in the trail a Great Blue Heron took off from a shallow pool, flapping its wings frantically in an attempt to escape the intruders. Shortly after that they stopped and looked at what they thought was where Pearl had supposedly been fishing on the day of the murder.

“This has to be the place. Notice, the soil here is tamped down caused by people stepping and standing on it over the years. At the same time, it's the only place we've seen so far where one can cast his line out into deep water. OK, I've seen enough. Let's see if we can locate where the body was found,” Adam suggested.

The walk took them past still pools of water where dragonflies darted in and out consuming insects barely visible to the human eye. Sparse stands of cattails grew. Two red-bellied turtles perched on a rotting log as they sunned themselves and yellow and orange St Johns wort was in bloom.

“Up ahead we should be looking for some scrub pines and tall weeds,” said Adam.

“What's that up there on the left?”, asked Nancy.

“Hey, that might be the place,” said Adam as he then turned and looked back from where they had come from earlier. Satisfied he then walked into the bushes and tall weeds. Fragments of yellow tape used to protect police crime scenes lay in the sandy soil. “This is it,” said Bader. “As I see it, the assailant caught her alone on the trail, attacked her and dragged her in here out of sight of anyone coming up or down the trail.

He attempted to pull her jogging shorts down or off but didn't succeed. Then, He either got angry, scared or was fought off. One way or another he then strangled Wanda Brewer to death,” Adam explained.

“Is there anything else we should be looking at here? ” asked Nancy.

“Not that I can think of at the moment. Besides, any trace evidence would have been destroyed by now due to weather and the curious,” Bader answered.

“Then if we're finished here let's go have breakfast,” said Nancy.

After driving to the diner Adam and Nancy entered and sat down in a booth near the windows. A waitress brought them two glasses of water and menus. Adam looked up at the woman and asked. “Is Sally Burns here this morning?”

“Yes, she is,” the waitress replied.

“Would you tell her that Mister Bader is here and would like to speak with her at her convenience of course.”

“Yes, sir. Now do you need time to look over the menu?”, she asked.

“I would like hotcakes and sausage,” said Nancy.

“I'll have the same but could we have our coffee while the order is being prepared?, he asked.

When the waitress left the booth Adam carefully viewed the

large, dining room, paying particular attention to the swinging doors that led into the kitchen. He then shifted his attention to the location of the restrooms. He watched as patrons entering the diner took seats either in booths or at the counter. Deep in thought, his concentration was interrupted when the waitress brought the coffee.

Bader slowly stirred the cream and sugar he had placed in his coffee. He looked up when he heard a female voice say, “Are you Mister Bader?”

“Yes I am,” he answered at the same time seeing a woman in her fifties, short, slightly plump with bleach blond hair that he thought was used to cover up gray hairs that were increasing with age.

“I'm Sally Burns. I was told that you wanted to speak to me,” she said.

“Yes, I do. Won't you please sit down? I imagine that you are busy, so I won't take up much of your time. By the way allow me to introduce you to Miss Nancy Milner, my assistant. I represent Ronald Pearl. Could you tell me how long he has worked for you?,” Bader asked.

“About three years,” Sally answered as she slid into the booth sitting next to Nancy.

“I see and you no doubt are aware that he is under arrest for the murder of Wanda Brewer,”

“Certainly.”

“What can you tell me about Wanda Brewer,” Adam asked.

“Not too much. She was a frequent customer. She usually came in here on weekends either Saturday or Sunday's. She would eat a large breakfast and have her thermos bottle filled with hot coffee. She took it black but would take sugar packets and creamers. I imagine she prepared that coffee the way she wanted it,” Sally offered.

“Do you know where she normally sat while here? ” Adam asked.

“Sure, most of the time she sat on the end stool at the counter.”

“When you say end stool, was it the end stool near the kitchen door or the one near the restrooms?”

“Near the kitchen door.”

“Would you mind if I took a look at your kitchen?”

“ No, just don't get in the way of the help. They're busy getting orders out to the dining room. Come with me.”

Minutes later Adam stood in the kitchen. First, he located where Pearl would have stood before the grill as he worked. Then, he watched as the waitresses came and went through the swinging, kitchen door. He noticed that from where Ronald Pearl worked that every time the door swung open he could have seen anyone sitting on the end stool close to the kitchen door.

Bader turned to Sally Burns and asked, “ Do you have a separate restroom for the staff?”

“No, they use the restrooms located near the dining room,” Sally replied.

“One more question. What was Pearl's day off?”

“Sundays.”

“I see, thank you very much.”

When Bader returned to the booth he said to Nancy, “Pearl could have seen Wanda Brewer from his workstation if she was seated on the end stool near the kitchen door. At the same time, he could enter the dining room on the pretext of needing to use the Men's room.”

“I'm beginning to think you're starting to prosecute Pearl rather than defend him,” said Nancy.

“Not really. Don't you think that Belcamp has already had county detectives up here asking the same question that we have?”

“I'm sure he has,” Nancy said.

“Then I have to be ready to challenge, don't I?”

“Yes, of course.”

“There you go.”

“Their conversation was interrupted when the waitress brought their order. Then as he buttered his hotcakes Bader said, “ I understand that you're getting ready to take the bar exam.”

“Yes, in two weeks,” said Nancy

“Are you ready?”

“I think so.”

“Well, when you pass, we'll have to celebrate.”

“Really?”

“Certainly. I intend to go into court tomorrow and ask for a continuance. By the time we go to trial you'll be a full-fledged lawyer and if Walter approves, my co-counsel.”

“I think I'll stay as the law clerk for the time being,” Nancy replied.

“Why?”

“I don't intend to practice criminal law. Right now I’m leaning to either corporate law or real estate,” she responded.

“Ah, nice clean work. You don't want to get your hands dirty I take it,” said Adam.

“You could say that. I'd much rather argue a contract in court rather then defend someone I know has committed a heinous crime, knowing that if I got them off the hook, so to speak that they would be free to strike again.”

“But, what if you thought your client was innocent?”, he asked.

“Then, I would refer them to you,” said Nancy with a smile.

“Thank you. I'll probably need the business. And, since we are discussing the law, how are you making out with getting in touch with Doctor Kramer?Adam asked.

“At this time Doctor Kramer has retired from the college.

I was told that he is living in a place called, Have de Grace, Maryland. I checked. He must have an unlisted telephone number,” said Nancy.

“Well, that takes care of that,” Adam replied somewhat dejected.

“ That doesn't mean I won't find him. I'll go through every

Kramer listed in the white pages. I'll find him.”

“I like that you're so sure of yourself,” said Bader.

“Well, one of us has to be.”

*********************

Two days later Nancy walked up to Adam who sat At his desk. “Remember our conversation about Doctor Kramer?”, she asked.

“Don't tell me that you found him.”

“I called every Kramer in the telephone book. Finally, I contacted his cousin, who may I add was kind enough to give me the doctor's unlisted number. I dialed it and spoke with the noted, Doctor Harvey Kramer. I explained our position and arranged for you to call him this afternoon sometime after two PM.”

“Why not this morning?,” Bader asked.

“Do you think that I was going to insist on a time or argue with him?”

“No, of course not. Sorry, I'm a bit anxious. I need him as my DNA expert,” Adam explained.

At five minutes after two PM Nancy handed the telephone receiver to Adam. “Doctor Kramer is on the line,” she said.

“Hello, Doctor Kramer. My name is Adam Bader. I'm currently an attorney representing a young man accused of committing a homicide. There are a couple of eyewitnesses supposedly placing him near the crime scene. There is also other circumstantial evidence. At present, the damaging factor in the State's case is the DNA evidence that is said to be related to my client.

“I have read your paper on the fact that you supported the governments admission that many mistakes are made when it comes to DNA. In particular, you mention that one hundred and sixty-six DNA samples were mistakenly off by a single point.

That fact alone is what I need from you in court. I need you to testify to that and any other theory you may have in relation to mistakes made in DNA testing.”

“I see. Mister Bader I do not wish to come across as dogmatic but I am retired and not interested in a new career posing as an expert in genetics particularly when it comes to DNA and its testing. Such a thing pits me against possible friends and colleagues. I hope you understand,” said the doctor.

“Isn't there any way that I might persuade you sir?,” Adam asked.

My dear sir, if you should come up with something extraordinary related to DNA and its testing I would be more than happy to listen to what you have to say. However, at the same time allow me to inform you that there isn't too much that I haven't seen. Unfortunately, at this time I am not interested.”

“I understand sir. Thank you for taking my call,” said Bader.

Adam turned to Nancy as he handed her the receiver. “Well, at least we tried,” he said.

“Yes, but I'm keeping his telephone number on file in the case,” she replied.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Four

Tyrone Lofton

 

Bader sat watching Ronald Pearl eating a ham and cheese sandwich. “Thanks, man. Don't get too much variety when it comes to eating here. Get hard boiled eggs, one piece of toast with black coffee for breakfast. Supper be hot dogs,” said Pearl.

“Your welcome. Now, the reason I'm here is I just came from the court. I asked for a continence. That means an extension of time which allows me to prepare our defense. So, you'll be here a bit longer waiting to go to trial,” Bader explained.

“If that's the way it is, so be it,” Pearl replied.

“ Here's what I have been doing. I'm trying to line up an expert witness, one that's knowledgeable about the subject of DNA. I haven't got him yet but I'm trying. I also spoke to Sally Burns. She didn't bad mouth you so I might bring her in to testify what a good, outstanding member of the community you are. One problem did come up. Sally told me that your day off at the diner is Sunday. Wanda Brewer was killed on a Sunday. The prosecutor is going to bring that out in court. Where were you on Sunday, June 21, 2015?,” asked Bader.

“As I recall I slept in to bout eleven in the morning. Then I went to visit my girlfriend,” said Pearl.

“What's her name and where does she live?”

“Violet Beal and she lives right down the street from me in Egg Harbor.”

“Can I use her as a character witness for you?”

“Far's I know.”

“OK, I have your birth date. Where were you born?”

“Newark.”

“And, you've never been arrested before this?”

“No sir.”

“Alright, just sit tight. Do you need anything?”

“Could use some scratch.”

“What for?”

“Jail commissary. Like I say. Food bad in here, cash gets me something tasty now and then.”

Bader reached into his rear pocket, removed his wallet opened it and took out a bill. “Here's ten dollars,” he said.

“Thanks.”

When he returned to the office he was met by Nancy. “How did it go?”, she asked.

“Fine. We might have sort of an alibi witness. Pearl claims he was with his girlfriend on the afternoon of June twenty-first. Her names is Violet Beal. Put her down as a witness.” he answered.

“Anything else?”

“Pearl says he was born in Newark.”

“Good, that gives us a place to start in checking on his adoption. From there we can do a background check,” said Nancy.

“Did anything new happen while I was out of the office?” Adam asked.

“Mister Belcamp called. He wants you to call him when you're free,” said Nancy.

“He probably wants to offer the plea bargain again.”

Bader sat down at his desk, dialed the number for the county prosecutor's office and told whoever the woman was that answered his call that he wished to speak to Mister Belcamp.

He waited a few minutes then heard Belcamp's voice on the line.

“This is Charles Belcamp.”

“Adam Bader. You wanted me to call you.”

“Ah, yes Mister Bader. I notice you haven't asked for what I have in the State's case against your client. Under your right to discovery, I have had my people prepare to send you all that I have at the moment. At the same time and since you have asked for a continuance I assume that you don't have too much that I'd be anxious to see. In that regard, I'll wait. I will mention again the plea bargain should you change your mind,” said Belcamp.

“Thank you, Mister Belcamp. I appreciate your professionalism. I will return the favor when you are ready.”

“Oh, you're welcome. Call if you need anything. If not, I'll see you in court.”

“Yes, you will.....Yes, you will. Good by.”

After hanging up the telephone Bader turned to Nancy and said, “Getting back to Pearl's adoption, contact Frank Melber again. Give him what information we have and have him investigate. Adoption records are difficult to obtain so the more information we have the easier it should be. Then if we hit a stone wall then we'll have to subpoena the adoption records.”

“ Alright,”

“Say? When are you scheduled to take the Bar exam?”, Adam asked.

“At the end of this week. I'll be gone Thursday and Friday,” Nancy replied.

“Well, if you pass we'll have to celebrate with a nice dinner,” Bader suggested.

“Oh, I'll pass.”

“ Sure of yourself, aren't you?”

“Always.”

“In that case, I'll make a reservation for Saturday evening.

Which to you prefer, French or Italian cuisine?,” he asked.

“I like both. You choose.”

“Fine, what kind of music do you like?”

“Most kinds.”

“Do you like smooth jazz?”

“Yes, why?”

“There's a little piano bar that I know where a college friend of mine has a trio. They play some fantastic music.”

“That sounds interesting.”

“Excellent, well then good luck,” he added.

“Thank you, but I don't need luck,” Nancy responded.

*********************

The following Saturday evening Adam raised a glass of champagne and said, “ Here's to the next attorney at law, judge or politician. Congratulations Nancy.”

“Thank you,” she responded.

“Now, tell me where you go from here,” said Bader.

“I really don't know. Naturally, I'll continue working with you on the Pearl case. After that, I might ask Walter to keep me on as a lawyer in some capacity, however, as I've told you I have no interest in defending anyone in criminal court.”

“Well, whatever you choose to do I'm sure you'll be successful,” said Adam.

“Thank you.”

“Now what did you think of the meal,?” he asked.

“Different, but nice. French cooking is all about cream and butter but I enjoyed it,” Nancy answered.

OK, then let me pay the check and we are off to “Moe's

Piano Bar.”

Twenty minutes later the couple sat at a corner table.

“What would you like to drink?”, Adam asked.

“Either mineral water or a soft drink. We had champaign at dinner. I don't like mixing drinks.”

“Good thinking. Then Cokes it is.”

“As they talked the trio began to play, “Moonlight In Vermont.” “My they are good, particularly the piano player,” said Nancy.

“That's Dan Kaplan, a guy I went to school with. His ambition was to be a concert pianist. He studied at Julliard

but something happened and that desire never materialized.

As a result, he then turned to popular music and smooth jazz,”

Adam explained.

“Well, he is excellent.”

“Good, later if you want I'll introduce you to him. Now, Miss Milner, since I have you out of the office and in an informal setting this is an excellent opportunity for you to tell me all about yourself, ”said Bader.

“There's not much to tell.”I'm the product of divorced parents and at an early age made the decision to study hard and choose a career,” Nancy replied.

“Why did you select the law?”, he asked.

“It was either that or medicine. Rutgers has an excellent law school.”

“ Not wishing to get personal but I notice there's no ring on your finger, either engagement or wedding,” said Adam.

“That's probably because I'm not interested in either at the moment.”

“Really, you're young, attractive and single. I'm sure guys have been hitting on you.”

“Oh, they do. They also move away when they realize that in most cases I'm more intelligent then they are.”

“That, I believe,” Adam replied.

“Do you dance Adam?”, she asked.

“Awkwardly I've been told,” he answered.

“I'd like to dance. Could you ask your friend if he could play, “Misty?”

“Sure, I'm certain he can.”

She watched as Adam walked to the small raised area that served as a stage for the drummer, bass player and Dan Kaplan at the piano. The trio waited until Bader returned to the table where Nancy sat. When the music began Adam offered his hand. She stood and took it. Then, he took her in his arms and began to move with her across the dance floor.

With her, in his arms, he became aware of the scent of her. The mixed aroma of shampoo and cologne made him suddenly realize that he enjoyed the feel of her, the smell of her and the sound of her voice. Halfway through the dance, she leaned her head on his chest and he wanted to kiss the top of her head. It was at that moment that he forced himself to think of her only as just another legal mind, one assigned to him to build a defense in a court of law.

On the following Monday morning, Adam and Nancy sat ready to hear Frank Melber's report.

“First, let me tell you just how difficult it is to obtain any information about patient records in a hospital. It cost me a twenty dollar bill in every hospital I entered in Newark. Most of the time I got zilch. None of them had a record of a Ronald Pearl being born in their facility. So, instead of the name, I went with the birth date. Well, at Columbus Hospital I came up with a couple of possibilities. It seems there was a Tyrone Lofton born on July 14, 1986. There was also a Thaddeus Lofton born on July 15, 1986. The mother's name was either Anita Lofton or Althea Lofton. If you ask me, one of them could be your Ronald Pearl, ”said Melber.

“Or it could be the same baby,” said Adam.

“Possibly. Well, that's all I have at the moment. If you need anything else call me,” said Melber as he got up and left.

Turning to Nancy Adam asked, “Well, what do you think?”

“I think it gives us a place to look for adoption records.

If you want I'll start asking the State for information on any Lofton adopted on or around 1986-87. That leaves you to ask Pearl what he knows about his adoption and the name. Lofton,” said Nancy.

The next day, shortly after one PM Adam sat watching Ronald Pearl who sat across from him at the wide table. “How are they treating you?”, asked Bader.

“Could be better, could be worse too,”Pearl replied.

“I need some information,” Adam said.

“Shoot.”

“What do you know about the name Tyrone Lofton?”

“Nothing.”

“How about Thaddeus Lofton?”

“Never heard of him.”

“You've never heard the name, Lofton?”, asked Adam.

“Lots of people named Lofton. I don't know any,” Pearl replied.

“Not even an Anita Lofton?”

“Nope.”

“OK, do you need any more money?”

“No, I've been winning playing Tonk. Been taking these

dudes for their Tastykakes, cookies and candy bars. I'm cool.”

“Alright. I'll be checking in on you from time to time.

Rest assured that I'm building a defense for you,” said Adam.

“Man. I know that,” Pearl responded.

When Adam returned to the office he was met by Nancy who said, “I contacted the Department Of Children And Families. From them, I got a list of adoption agencies from Virginia to Massachusetts. However, since Ronald Pearl said he was born in Newark I'll concentrate on agencies listed in New Jersey.”

“Sounds good. While you're doing that I'll subpoena the State Police for any arrest records on a Thaddeus Lofton,” said Adam.

“Speaking of subpoenas what are you going to do about questioning Violet Beal? If she turns out to be a reluctant witness we might have to subpoena her,” said Nancy.

“Yes, I know. Have Melber interview her and see if she'll co-operate,” Adam replied.

“Do you have her address?”, she asked.

“Let's see. Pearl lives at 307 Huff Road. She's probably at 311 or 313.”

“OK, got it. By the way, the prosecutors file arrived while you were with Pearl,” said Nancy.

“Thanks. This should be interesting. Let's see how many cards Belcamp is holding,” said Adam.

Bader took a seat at his desk and opened the file. He quickly scanned the legal documents wanting to focus on evidence and witnesses. He found the name, Doctor Frederick Elco, geneticists. “I'll have to look this guy up. See just how good he is,” Adam thought to himself. Then he saw the names of the two people that swore that they had seen Pearl fishing on the banks of the Mullica River on June 21, 2015. When he read about the States evidence he found that it contained the jogging shorts of Wanda Brewer and most important the DNA sample found on the victim. The specimen given by Pearl matched that found on Wanda Brewer.

There was no mention of Sally Burns or Violet Beal as witnesses for the State.

“Did you find anything interesting?”, asked Nancy.

“Well, it appears as though Belcamp is basing his case strictly on the DNA evidence. Still, it's early. I'm sure he has his detectives digging for more information just as we are,” Adam answered.

Adam went to his computer and typed in the name, Frederick Elco. When the page opened up he read: “As a graduate student Elco used X-ray crystallography to study the three-dimensional structure of RNA which encodes DNA and carries instructions to other parts of the cell.”

“Interesting. Hopefully, Doctor Kramer can tell me more about this man and just how knowledgeable he is in his field,”

Adam thought.

“What are you thinking about”, asked Nancy.

“Belcamps DNA expert, that and is Tyrone Lofton actually Ronald Pearl? ” Bader answered.

“Well, so far I haven't learned anything about an adoption

from the agencies I've contacted in Newark. Still, it's early yet.

Something might turn up,” Nancy replied.

“Not knowing important things is very frustrating,” said Adam.

“I agree. In fact, I feel the same way. I'm going out on a limb and say, why don't we both unwind tonight at Moe's?”. she asked.

“Sounds good to me. What time shall I come by?”

“Eight is OK.”

“ Dan's group doesn’t come on until nine.”

“Doesn't Moe serve food?”, she asked.

“ Yeah. It isn't too bad. I recommend the fried shrimp.”

“I didn't expect it to be fine dining.”

“Good, then you won't be disappointed.”

At eight-thirty that evening Adam and Nancy sat having dinner at Moe's. “Well, what do you think?”, asked Adam.

“The shrimp are delicious. So are the French fries,” said Nancy. At that moment Dan Kaplan walked up to their table.

“Have a seat, Dan,” said Adam.

“Thanks. I see you had the specialty of the house,” Dan said to Nancy.

“Yes. I was just telling Adam how good everything is,” Nancy replied.

“Don't tell anyone but the secret is that Moe never changes the cooking oil, ”said Dan.

“OOOOH!, Nancy responded.

“Take it easy. He's only kidding,” said Adam.

“True. Well, it's good seeing you kids. Time to get the boys together. Are you both planning on staying, maybe dance? ” Dan asked.

“That's up to her,” said Adam.

“Yes, will you play Moonglow,” Nancy asked.

“Sure, just give me a wave when you're ready, Dan replied.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Five

Thaddeus Lofton

 

On a warm rain-soaked morning Adam Bader ran from his parked car to the building housing the office of the Public Defender. Once inside he walked slowly to his desk leaving wet footprints on the wood floor. Upon reaching his desk he stood and removed the blue blazer and noticed the wet marks rain drops had created on his gray trousers. “ Thank goodness the marks will dry,” he thought to himself.

“Do you want coffee?” Nancy called from across the room.

“No, thank you,” he answered.

When she walked up to him she said, “Well how are you this morning?”

“Wet, late, agitated and running out of time. We go to court in three weeks and we both know that I'm not ready, ”he said.

“Relax, I've got some news for you,”Nancy announced.

“I hope to hell it's good news,” Adam replied.

“Well, since I had no luck with adoption agencies in Newark I decided to take a look at those in Elizabeth. Guess what?”

“I can't imagine,” said Adam.

“When I contacted The Adoption Placement Service there and may I add under the threat of a subpoena I came up with the fact that Tyrone Lofton, born July 14, 1986, was adopted on September 9, 1986, by Sonia Pearl.”

“Great, anything else?,” he asked.

“Yes. Frank Melber is coming in this morning,” Nancy answered.

“He probably wants to get paid,” said Adam.

“We'll see,” Nancy replied.

Shortly after ten, AM Frank Melber sat down next to Adams desk. He then opened a small notebook and then began his verbal report. “I really think that you're not going to like what I have to say. You tell me what you want investigating and who you want me to question and I do that to the best of my ability. Now then, you wanted me to question Violet Beal about her and Ronald Pearl on the afternoon of June 21, 2015. I did that. Violet Pearl stated that she remembers Pearl coming to her house that afternoon. When I asked her just how sure she was of that fact she said, and I repeat, “I remember because he asked me to fix his hand.”

“ Now, it appears that Pearl had scratches on the back of his right hand. According to Violet Pearl said he got the scratches retrieving trash that had blown in behind a rose bush in front of his home, ”said Melber.

Adam shook his head then made written notes on a paper pad. Turning to Melber he said, “Well, thanks, Frank. This information will be a big help.”

When Melber left Nancy asked Adam, “What now?”

“You can bet that I can't put Violet Beal on the witness stand now. If she testifies before a jury that Pearl showed up at her home with an injured hand they're going to relate it to the homicide. At the same time, has Belcamp's detectives talked to her and got the same information? We don't know. I'm not going to use her as an alibi witness, ”said Adam.

“Then what are you going to do?” Nancy asked.

“One thing is to ask Pearl about the scratches he had on his hand that day,” Bader replied.

“Two hours later Adam opened a large envelope. It has been sent by the New Jersey State Police. He leaned back in his chair and carefully opened it. After removing the documents he first looked at the police photograph of Thaddeus Lofton. “Son of a bitch!” he said aloud.

“What's wrong?” Nancy called from her desk across the room.

“Come look at this,” he said to her.

Nancy got up and walked quickly to Adam. He handed her the photograph. “Tell me. Who is that?”, he asked.

“It's Ronald Pearl”, she answered.

“Wrong! It's Thaddeus Lofton,” said Adam loudly.

“Are you sure?”

“Here, read this and if I'm wrong then the State Police are wrong. According to them, Thaddeus Lofton spent three years in the Trenton Penitentiary for Breaking and Entering and Larceny. Here's his mug shot. It's uncanny how he resembles Ronald Pearl,” said Bader.

“As I recall, didn't Melber tell us that when he went to the hospital  he came up empty on Pearl's birth. Then, he changed from the name to the date of birth. That's when he found the name Tyrone Lofton, born July 14, 1989. And, he also found the name Thaddeus Lofton, born July 15, 1989.,” said Nancy.

“Yeah, but the births are a day apart,” Adam related.

“What if the births were hours apart? The mother could have delivered Tyrone let's say at eleven thirty PM and then delivered Thaddeus one or two minutes after midnight. If that happened then the dates on the birth certificates would indeed be different,” Nancy explained.

“Good point. I want to review something. I'll be in the library. See if you can get Doctor Kramer on the line and if so get a time when I can call him,” Bader said.

Thirty minutes later Adam returned to his desk. Nancy walked up to him and said, “You can call the doctor at any time.”

“Would you please get him on the line and feel free to listen in to our conversation,” said Bader.

A few minutes passed and then Nancy said, “I have the doctor on line two.”

Adam pushed the lighted button, lifted the receiver and said, “ Hello Doctor Kramer. I hope I'm not bothering you at this time, but I have something rather important that I'd like to run by you.”

“Very well. Let me hear it,” said Kramer.

“Are you familiar with the Bertillon System of identification?”, asked Bader.

“As I recall it has something to do with exact measurement of the body with the assumption that no two people would have the same measurements,” Doctor Kramer replied.

“Exactly, however, even though the system was introduced in the United States in 1887 and relied on as a means of positive identification of criminals there was an occurrence in 1903 that changed everything. A man named Will West was committed to the penitentiary at Leavenworth, Kansas. There he was photographed and his measurements taken using the Bertillon System. Will West's measurements were found to be almost identical to a convict in the same penitentiary named William West. A comparison of the photographs of the two men indicated a strong resemblance to each other although there was no evidence that they were related. The thing that distinguished them apart were their fingerprints.

Now, Doctor, I'm faced with a similar problem. A man who has served time in the Trenton Penitentiary is identical to my client. At this time it is even possible that they are twins. What I need to know from you is the possibility of the DNA being the same in both men,” Adam explained.

“I see. You say that it is possible that the two men are twins. Let me say this. Normally twins will not have the same DNA. However, if they are identical twins then the DNA will be the same and exact.”

“Oh, how I wish you would say that in court Doctor,” said Adam.

“As I have already told you I'm not interested.” Doctor Kramer replied.

“I'm sorry to hear that. While I have you on the line, what can you tell me about a Doctor Frederick Elco?.” Bader asked.

“Elco? Frederick Elco is the State's expert witness on the subject of DNA?”

“Yes, sir.”

“Let me say this. Put me down as your witness on the matter of DNA.”

“Excellent!~ Doctor you just made my day,” said Adam excitedly.

“Good, now please allow me to finish enjoying mine. I suggest that you come here so we can meet and discuss not only your case but what you need from me.”

“Is tomorrow too soon sir?”

“Make it the day after tomorrow,” said Kramer.

Two days later Adam and Nancy sat in the living room with Doctor and Mrs. Harvey Kramer.

“Did you have any problem finding the house?,” asked Doctor Kramer.

No sir, I just listen to the instructions given by the GPS,” said Adam.

“I tell you I'm at a loss in today's electronic contraptions.

In fact, I don't know how I survived in the world without a laptop computer and a telephone stuck in my ear twenty-four hours a day. But, that's me. Now then let's begin with what the State has in relation to DNA. After looking at it I'd say they have a very good case,” said Kramer.

“I was afraid of that,” Adam replied.

“Take it easy. I said very good, not perfect. Since I have agreed to testify in court on behalf of your client I suggest that you question me on, DNA and Monozygotic or identical twins.

You are sure that the prosecutor doesn't have this information yet?”, Kramer asked.

“No sir, but he has a right to what information and evidence I have under the right to discovery,” Bader responded.

“No matter. Even if he has he will probably bring the subject out when he has Elco testify. Believe me after what I have to tell you about Doctor Elco he will not be a problem in court.”

Later, on their way back to New Jersey Adam drove his BMW into the parking lot of the Woodstown Diner. Hope you're hungry. This place has excellent food. It's been awhile since I was here last but every time I have stopped I wasn't disappointed,” he said.

As they ate their dinner Nancy wiped her lips with a paper napkin the asked, “ What are you plans now that you've met and talked with Doctor Kramer?”

“Tomorrow I'll see Pearl. I might kick him in the ass if I find out that he's been lying to me,” said Adam.

“Why would he lie? Surely he knows his freedom is at stake.”

“ I have no idea other than the fact that I feel that he's hiding something. What bothers me is that I can't identify what it is that he's keeping from me.”

The next day Adam Bader sat at the table in the small room. He waited as usual until Ronald Pearl had handcuffs removed and the deputy left the room. “How are things?” Bader asked.

“Ain't nothing going to change in here man. Same old shit,” Pearl remarked.

“You've got a point there. Now, look at this photograph and tell me who that is,” said Bader.

Pearl took the photograph looked at it a minute, handed it back to his lawyer and said, “Nobody I know.”

“That's a photo of Thaddeus Lofton,” said Adam.

“That right? Told you. Don't know anybody named Lofton.”

“I know what you told me Ronald, but the guy in that photograph is a dead ringer for you.”

“White people think all Black people look the same.”

“That may be but two witnesses identified you not some other black man who looks like you,” Bader retorted.

“Just the same it ain't me in that photo and I never saw the dude that is.”

“Then there's no sense in asking you if you ever heard of an Anita or Althea Lofton? ” asked Bader.

“Man, how many times I got to tell you. I don't know anyone called Lofton,” Pearl answered somewhat irritated.

“Fine. We go to trial in two weeks. I'm busting my ass to defend you while you're sitting on yours holding back information that I probably need. Be that as it may, this would be a good time for you to address the court and request a new lawyer,” Adam said as he placed the photograph back inside his briefcase.

“You quitting on me? ” Pearl asked.

“No, just advising you of your options.

“We come this far. Might as well go the rest of the way.”

“I'll do the best that I can. Do you need anything before I go?”

“Nope.”

“Are you still winning at Tonk?”

“Nope, dudes won't play with me anymore.”

When he got back to the office Nancy met him and asked, “Well, anything new?”

“No. Since he's being uncooperative I advised him to get another attorney. Unfortunately for me, he refused.”

“What now?,” she asked.

“ Looks like it's full speed ahead. At this point, the court won't let me withdraw because I merely think that Pearl is withholding information. So, we, you and I will prepare a defense for Mister Pearl. We might lose in court but we'll go down fighting,” said Adam.

“I see it in a different way. We have an expert that will not only testify but will undoubtedly undo any testimony that Belcamp's expert offers,” Nancy stated.

“That's all we have at the moment. What I need you to do now is contact Frank Melber and have him investigate Thaddeus

Lofton,”Adam instructed.

“Why? What do you think he'll find? ” Nancy asked.

“ I don't know. Probably nothing but at least we've covered all bases,” Adam replied.

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Six

Trial Day One

 

At exactly ten AM on the morning of October 3, Adam and Nancy sat in the courtroom carefully selecting members of the jury. Bader and Belcamp had the right to six peremptory challenges. Belcamp had already used two.

“Do you see what he's doing. We've selected two Afro-Americans and he's challenged both of them. He's trying to get an all, white jury,” said Bader.

“ Yes but there are seven more blacks in the jury pool.

He'll run out of challenges before we run out of prospective jurors,” said Nancy.

“You have studied each juror tell me which one will be beneficial to us,” said Adam.

“There are two, Doctor Benjamin Lamb and Teresa Harris. Miss Harris is a school teacher,” Nancy indicated.

“Why them?”

“They will listen intently to Belcamp and you. Most importantly when you put Doctor Kramer on the stand I have a feeling that they will relate professionally. Doctor Lamb is a retired physician. I'm sure he is familiar with DNA,” said Nancy.

“And, Miss Harris?”

“She teaches biology.”

“Excellent. Do you know their numbers?”, asked Adam.

“Miss Harris is number seven. Doctor Lamb is number thirty-three.”

“OK. I feel safe in the fact that Belcamp won't call them. What I'm going to do is suck him in to blow his challenges. What do you know about number fifteen?”, Bader asked.

“Well, he's naturally an Afro-American. Professionally he's a porter,” said Nancy.

“Fine. I'll pick him. What's his name?”

“Derrick Johnson,” Nancy answered.

When Johnson was seated Adam got up from the table, walked to the jury stand and said, “Good morning Mister Johnson.”

“Good morning,” Johnson replied.

“I want to thank you for doing your civic duty by appearing here this morning. I'm sure that we have taken you away from other things that you could be doing this day. Mister

Johnson, I'll be brief. Could you tell me if you belong to any social or political groups?”

“I'm a member of a Masonic Lodge,” Johnson answered.

“Anything else?”

“I'm also a member of the N.A.A. C.P.”

“Thank you,” Bader replied and walked back to his chair.

“Later, Charles Belcamp challenged Derrick Johnson who was then removed as a potential juror.

By two PM Belcamp had used all six of his challenges and he sat frustrated while watching Adam Bader select Doctor Benjamin Lamb and Teresa Harris, both Afro-Americans. Nancy turned to Adam and said, “Well, at least Ronald Pearl has a jury of his peer's.”

At three PM Belcamp addressed the jury. “Ladies and gentlemen the hour grows late. I, like the counselor for the defendant, wish to thank you for doing your duty as a citizen of this state and county. During this trial, a trial to determine the innocence or guilt of the defendant, Ronald Pearl I will present to you evidence. Some of the evidence will be compound or connecting if you will. The evidence I will introduce could be described as complex. You will hear from experts. These experts will testify under oath what scientific findings do to prove the guilt of the defendant. I will also produce eyewitnesses that place the defendant at the crime scene on the day that Wanda Brewer, an eighteen-year-old teenager was murdered. Murdered ladies and gentlemen on a lonely almost barren stretch of jogging trail adjacent to the Mullica River. I will also show that the defendant although not knowing the victim personally, knew her by sight. Then, after I have shown you all of the evidence, produced all of the witnesses, as well as scientific experts, I will stand before you and ask you to find the defendant guilty, guilty of murder in the first degree. Thank you.”

Adam Bader rose from his chair and walked slowly but deliberately to the jury box. He then stood facing the jurors and began to speak. “Ladies and gentlemen. You have just heard the State Prosecutor tell you just how he is going to produce evidence that will prove the guilt of the defendant, Ronald Pearl.

At this time I ask you to think back to your heritage as an American citizen. In that heritage, you were taught and frequently reminded that everyone in this great nation of ours when accused of any crime is deemed innocent until proven guilty. At this very moment I ask you to keep in mind that according to the Constitution of The United States and the laws of the State of New Jersey, Ronald Pearl will sit before you according to those laws as an innocent man. He will remain so until you, you members of this jury should find him guilty.

Now, Mister Belcamp has expressed to you that he will produce scientific evidence, evidence backed by the testimony of experts. Then, he will produce eyewitnesses that place Mister Pearl at or near the crime scene. What I respectfully request from you ladies and gentlemen is that you listen carefully to what Mister Belcamp introduces in the way of evidence. At the same time, I ask you to listen to what the defense introduces in rebuttal. Finally, at the end of this trial, the judge will tell you that you must determine beyond a reasonable doubt the innocence or guilt of the defendant. I am confident that you will do your sworn duty, Thank you.”

As Adam walked back to the table where Nancy and Ronald Pearl sat Judge Rodger Taylor said, “Mister Belcamp you may call your first witness.”

“Thank you, your honor. The State calls, Officer George Benson.”

Bader watched as the police officer walked to the witness stand the stood as the oath was administered. He then took the stand.

Belcamp walked towards the man and said, “Officer Benson please tell the court your rank and just how long you have been employed by the Township Police Department.”

“Yes, sir. I am a patrolman and have been employed by the Township for three years.”

“I take it then that you have been certified, meaning that you attended a police academy and met the training required by the State of New Jersey,” said Belcamp.

“Yes, sir.”

“Now then, were you on duty on the morning of June 21, 2015?”

“Yes, I was.”

“And could you tell me about a radio transmission you received at approximately ten o'clock that morning?”

“Yes, sir. At ten minutes past ten, I received a call over my police car radio to meet a man in the parking lot at the foot of the Mullica River jogging trail. Upon my arrival, I did meet with one James Parker. Mister Parker informed me that he had been jogging on the trail when he found it necessary to relieve himself.

Wanting privacy he looked for, located high weeds and bushes and entered that area. It was then that he found the body of a young woman.”

“Then, what did you do?.” asked Belcamp.

“Mister Parker led me to where he had found the body.”

“What did you then determine?”

“That it was necessary to protect the crime scene.”

“Objection! The witness has not stated or indicated that a crime had occurred. Therefore I ask that the term, crime scene be stricken.” said Bader.

“Sustained,” said the judge.

“Let ask you this what was the condition of the victim's body?,” asked Belcamp.

“The victim lay on her back. Her eyes were open and in my mind she was dead.”

“I see. What did you do next Officer Benson?” “ I protected the scene and at the same time called into headquarters telling them what I had and suggested that detectives and evidence gathering personnel be dispatched. Upon their arrival, I introduced Mr. Parker to one of the detectives. I then went to my radio car in the parking lot and then noticed a Chevrolet automobile. I noted the license plate number and requested a motor vehicle look up. I was told later that the automobile was registered to Mr. and Mrs. Brewer of Wrangle borough.”

“Thank you, Officer. No further questions ” said Belcamp.

“Mister Bader you may cross,” said Judge Taylor.

“Thank you, your honor. Officer Benson would you tell the court your educational background?' asked Bader.

“I have a high school education and am currently enrolled in Community College.,” said Benson.

“I see. And, just what medical education or training have you received?”

“Other than a first aid course, none.”

“None? Nothing? Are you certain?”

“Yes, sir.”

“I see, you have no medical training but yet you have testified and allow me to repeat your own words. They were, “The victim lay on her back. Her eyes were open and in my mind she was dead”. Is that correct?”

“Yes, sir.”

“Please tell me and the court just how you made that determination,” said Bader.

“I searched for a pulse and not finding any considered the victim as deceased.”

“You searched for a pulse. And where did you touch the body?”

“First, I attempted to find a pulse beat in her wrist. Finding none I then tried to locate a pulse beat in her neck,” Benson answered.

“Then what you are telling the court and members of the jury that you did, in fact, touch the body of Wanda Brewer,” said Adam.

“Yes, sir.'

“On Sunday, June 21, 2015, you have stated that you were on duty.What hours did you work that day?”

“I worked from seven AM to three PM.”

“Are you familiar with Sally's Diner?”

“Yes, I am.”

“Have you ever stopped and ate there?”

“Yes.”

“On that particular Sunday, did you stop at the diner to have breakfast, or a cup of coffee or just to check the premises to ascertain that everything was alright?”

“Yes, I did.”

“You did what, have breakfast, coffee or check the premises?”

“I had breakfast.”

“Really, what did you have?”

“Bacon and eggs toast and coffee.”

“No further questions,” said Bader as he walked back to the table.

Belcamp stood and said, “The State calls James Parker.”

Adam watched as the witness, James Parker walked to the stand. He judged Parker to be in his early thirties and appeared to be athletic. Belcamp began his questioning. “Mister Parker is it true that on the morning of June 21, 2015, you were jogging on the Mullica jogging trail, also known as Mullica Run?”

“Yes sir,” Parker answered.

“Please tell the court just what transpired the morning of that day,” Belcamp instructed.

“ I was doing my usual run when I suddenly had the urge to urinate. Since I am familiar with the trail and not wishing to expose myself I made my way to a place that I knew would offer concealment while I relieved myself. I went into an area off of the trail , entered high weeds and bushes and then saw a young woman who lay on her back. I stood for a moment and not seeing any signs of her breathing believed that she was dead. Using my cell phone I called the Township Police Department and reported what I had found. They, in turn, advised me to go to the parking lot and await the arrival of the police. Which I did.”

“Anything else?” Belcamp asked.

“No sir.”

“Your witness, Mister Bader,” said Belcamp.

“Thank you. Mister Parker please tell the court your occupation,” said Adam.

“I'm a bank teller.”

“Have you had any medical education or training?”

“No sir.”

“No further questions.”

Belcamp stood and said, “The State calls Martin Sawyer to the stand,”

Adam made a visual appraisal of the State's next witness. Like Parker who had proceeded him he was in his late twenties and athletic. He watched the man who appeared to be nervous as he was sworn.”

Belcamp began his questioning. “Mister Sawyer please tell the court about your activities on June 21, 2015.”

“I was jogging the Mullica Run trail with my girlfriend.

As we jogged along the trail we passed a man. He was seated on a white, plastic bucket fishing. The next day we, learned about the murder of Wanda Brewer and went to the police. We told them what and who we had seen on the trail.”

“I see. And could you identify that man again if you saw him?”,asked Belcamp.

“Yes, sir.”

“And do you see him in this courtroom?”

“Yes, sir. He's seated at the defendant's table.”

“No further questions,” said Belcamp.

“Mister Bader you may cross-examine,” said Judge Taylor.

“No questions at this time your honor. However, we request the right to recall the witness,” said Bader

“Mister Belcamp,” said the judge.

“Thank your honor. The State calls for Alice Townsend.”

Adam watched as the young woman was sworn in. She was rather tall. He judged her to be about five foot ten inches tall. When she stood she appeared to be slightly round-shouldered probably the result of being aware of her height while going through puberty. Unlike Sawyer, the woman appeared calm and confident.

Belcamp began his questioning. “Miss Townsend is it true that on the Sunday morning of June 21, 2015, you were on the jogging trail, known as Mullica Run? ” he asked.

“Yes, sir.”

“Were you alone?”

“No, I usually jog with Martin.”

“When you say Martin are you referring to Martin Sawyer?”

“Yes, sir.”

And on that particular day please tell the court what you observed on the jogging trail.”

“We, that's Martin and myself came upon a man sitting on a bucket fishing,”

“I see then what did you do?”

“After hearing about the killing of a teenager on the trail both of us went to the police. They asked us to show them exactly where we had seen the man.”

“And, did you locate the place where you last saw the man?”

“Yes, sir.”

“Now then could you identify that man if you saw him again?”, asked Belcamp.

“Yes, sir.”

“And do you see him in this courtroom?”

“Yes, sir. He's sitting right in front of me at that table,” the woman said, pointing to Ronald Pearl.

“Thank you. No further questions ” said Belcamp.

“Mister Bader,” said Judge Taylor.

“I only have one or two questions. Miss Townsend, you have testified that you saw a man sitting on a bucket that morning. Did you notice anything else?”

“I don't understand the question,”

“For instance was he smoking a cigarette, eating a sandwich or drinking from a cup of coffee?”

“Not that I can remember,” Alice answered.

“No further questions and again reserve the right to recall the witness.

Judge Taylor said in a loud voice. The hour grows late. Ladies and gentlemen of the jury you are reminded that you are not to discuss what you have seen or heard in this courtroom today. The court will resume tomorrow morning at nine AM.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Seven

Trial Day Two

 

At exactly nine AM the uniformed bailiff called out,

“Hear Ye, Hear Ye, court is now in session. The Honorable Judge Roger Taylor presiding. All rise!”

Adam Bader turned his head and watched as the members of the jury filed in and stood before their seats in the jury box. Judge Taylor used his gavel and everyone sat down.

“Court is now in session. Mister Belcamp you may proceed,” said the judge.

“Thank you, your honor. The State calls Sergeant Lisa Davis to the stand,” said Belcamp.

Bader watched as the woman walked to the witness stand then stood and took the oath, to tell the truth. She was of medium height and not too thin or overweight. She appeared to be very confident. It was a sign that this was not her first time testifying in court. When the woman was seated Belcamp walked up and began his questioning.

“Sergeant Davis, for the record please tell the court how long you have been employed by the Township Police Department.”

“I have been employed there for twelve years,” Davis answered.

“And what is your current assignment?”

“I am assigned to the Crime Scene Investigation Unit.”

“And, what are your responsibilities or duty if you will?”

“To gather record and preserve any and all evidence associated with a crime.”

“On the day of Sunday, June 21, 2015, did you find it necessary to execute your duties?”

“Yes, sir.”

“Where and why?”

“At a place known locally as Mullica Run, which is a jogging trail adjacent to the Mullica River. I was there responding to the fact that a dead body had been found,” said Davis.

“I see. And just what did you do in relation to first, the dead body and second the crime scene itself ?” asked Belcamp.

“Photographs were taken and a search of the area was conducted.”

“Did you or those assigned to you find anything of importance, say of importance in the way of evidence?”

“No, sir. Not that day.”

“Not that day? Does that mean you conducted more searches for evidence on another day?”

“Not exactly a search. The next day, a Monday, witnesses had shown our detectives the location where they said they had seen a man fishing on the banks of the river. The detectives called for my unit and we responded. Upon our arrival, we photographed a Styrofoam cup and a white paper bag. These were then taken as evidence.”

“Please tell the court just what you did with that evidence.” said Belcamp.

“That evidence was tagged, and then sent to the New Jersey State Police Laboratory,” Davis answered.

“I see. Did you do anything else regarding evidence related to this case?”

“Yes, sir. On Wednesday, June 24, 2015, I went to the morgue located at the local hospital. There I took evidence samples from the throat and back of the neck of a deceased, young female.”

“You mention evidence samples. What exactly were the samples?”, asked Belcamp.

“We were looking for DNA samples that might have been left by the assailant,” Davis answered

“Why examine the throat and neck area of the deceased?”

“According to the pathologist, the death of the victim was due to manual strangulation. Therefore, those were the places to look for evidence of the type I have mentioned.”

“Was that then the end of your duty in relation to this matter?,” asked Belcamp.

“No. The victim's clothing was also preserved recorded and sent to the laboratory for analysis. Several weeks later I took a DNA sample from a man brought into headquarters for questioning.”

“Please tell the court what you did with that sample,”

“That sample was sent to the New Jersey State Police Laboratory.”

“And if there were any results from that laboratory what were they?”

“The results were that the DNA found on the Styrofoam cup, white paper bag, the victims jogging shorts and the victim matched the DNA sample I took from the man at headquarters.”

“And just who was that man?,” asked Belcamp.

“Ronald Pearl.”

“Do you see him in court today?”

“Yes. He's seated at the defendant's table,” said Davis.

“No further questions,” said Belcamp.

“Mister Bader, you may cross,” said Judge Taylor.

“Thank you, your honor. Sergeant Davis, did Ronald Pearl give his DNA sample to you voluntarily?”

“Yes, he did.”

“And, did you take DNA samples from Officer Benson?”

“No. I had no reason to do that.”

“No reason? We have heard the testimony of Officer Benson who under oath stated that on June 21, 2015, he did attempt to ascertain whether or not the victim was alive or dead. He did that first by searching for a pulse beat in the victim's wrist. Then, not finding one searched again by placing his hand or fingers if you will on the victim's throat. Under questioning, you have stated that you took DNA samples from the throat and neck of one Wanda Brewer. My thought now Sergeant is that surely Officer Benson left his DNA on the victim and by doing so also contaminated the sample that you took. Is that right?, asked Bader.

“It is possible,” Davis replied.

“Yes, it is. In this case, it could also be considered, probable.

No further questions.”

“You may step down Sergeant,” said the judge.

“ The State calls Doctor Norman Pearson”, said Belcamp.

After the Doctor was sworn he sat down in the witness chair.

“Doctor Pearson please tell the court your position in the county and where you are employed,” said Belcamp.

“I am the current County Coroner. At the same time, I am employed as the head pathologist at the local hospital.”

“How long have you been the County Coroner?”

“Fifteen years.
“Fifteen years. Then I can assume that during that time you have examined the deaths of many people in the county.”

“That's correct.”

“On or about June 22, or 23 did you examine the remains of one Wanda Brewer?”

“Yes I did,”

“And what did you find that was the cause of her death?”

“The young woman died as a result of asphyxiation caused by manual strangulation.”

“You say manual strangulation. Define manual please.”

“Manual means by the use of the hands, opposed by the use of an instrument such as a rope or something similar.”

“And it was you that suggested that the Township police should look for DNA evidence on the victim's throat and the back of the neck.”

“That is correct.”

“ As both the County Coroner and a pathologist did you witness Sergeant Lisa Davis take samples from the victim?”

“Yes, I did.”

“Thank you. No further questions ” said Belcamp.

Adam stood then walked to the witness stand. “Doctor

did you examine the body of the deceased for the possibility of sexual assault?, he asked.

“Yes, I did.”

“Did you look for any signs of blunt force trauma, such as bruising, scratches, cuts, things of that nature?”

“Yes, I did.”

“Did you remove any foreign material such as skin cells from under Wanda Brewer's fingernails?,” Bader asked.

“No I didn't,” said Doctor Pearson.

“Why not?”

“To tell you the truth, it never occurred to me. I had determined that the young woman had died as a result of manual strangulation. I examined her for sexual assault and blunt force trauma. Finding none of those things I had no reason to examine. anything under her fingernails ” said the Coroner.

“You had no reason. Perhaps a good reason would have been that if and when evidence was found it would not have come from Ronald Pearl. No further questions ” said Bader.

“You may step down Doctor,” said the judge.

Belcamp stood and said, “The State now calls Doctor Frederick Elco.”

Bader watched a short rotund man with a neatly trimmed, full beard walk to the witness stand. He was attired in a black pinstripe suit, white shirt, and a blue necktie.

“He comes appearing as the intellectual, “ Nancy whispered to Adam.

Belcamp began his questioning. “Doctor Elco please tell the court your qualifications,” he said.

“I have a Ph.D. in the fields of chemistry, biology, and genetics,” said Elco.”

“And what accomplishments have you offered to these fields of study?.” asked Belcamp.

“I was involved in the use of radio rays to study the structure of transfer RNA which decodes DNA. At the time it was considered groundbreaking research,” Elco replied.

“Now I know when it comes to the subject of DNA the definition is somewhat technical. Could you as a noted expert tell the court in layman’s term just what is DNA?”

“I' ll try. DNA or deoxyribonucleic acid is located in the nuclei of cells that make up the body. Therefore it can be considered to be the building blocks of the body.”

“Would you please tell the court just how DNA is identified Doctor,” said Belcamp.

“Certainly. DNA is identified by using the procedure of removing and isolating the DNA from an unknown source and at a later time from a sample from a known source or donor.”

“I see. Is there anything else?”, asked Belcamp.

“Oh yes. The comparison and explanation of the test results from the known and unknown is then used to determine if the known individual is or is not the source of the DNA. In this case the DNA left on the victim.”

“Anything else Doctor?”, asked Belcamp.

“One should be advised that the probability that any two individuals having the same DNA profile is one in one billion or greater,” said the Doctor.

“I see. Thank you, Doctor. No further questions ” said Belcamp.

“Mister Bader, you may cross-examine if you wish,” said Judge Taylor.

“Thank you, sir. Now, Doctor Elco. You just testified that one of your accomplishments in your field of professional study was the use of radio rays to study RNA which decodes DNA. Is that correct? ” asked Bader.

“That's correct,” Elco answered.

“Let me ask you. Did anyone else work on that project with you?”

“Yes.”

“Does the name, Regina Gallo mean anything to you?”

“Yes.”

“Please tell the court just what the connection was or is between you and Regina Gallo,”

“Regina Gallo was an undergraduate student who worked on the RNA project with me,” Elco replied.

“I see. Doctor, I have read your paper in relation to that particular study of RNA. Yet, I fail to find anyone that worked with you mentioned for their contributions. Why is that?”

“Truthfully, they made no contributions,” Elco responded.

“Oh, they must have. Isn't it true that at this very moment Regina Gallo and you sir are engaged in a civil suit? Isn't it due to the fact that you left her out of the notability of the success of the project including the salary she was entitled to with the grant obtained for the study? ” asked Bader.

“Objection Immaterial! Said Belcamp loudly.

“Sustained,” said Judge Taylor.

“I withdraw the question. No further questions,” said Bader as he walked back to the table.

“Court will now recess for lunch. We will resume at one PM,” said Judge Taylor.

“All rise!”, said the bailiff.

At lunch, Nancy took a bite from an egg salad sandwich and after chewing and swallowing said to Adam, “Where did you get the information about Elco and Regina Gallo?”

“In a telephone conversation I had with Doctor Kramer,” Bader answered.

“Well, if you ask me, Belcamp produced him as his expert and you exposed him as a cad,” Nancy replied.

“That was the idea.”

“Now what? ” she asked.

“I don't know. If Charlie Belcamp has any more witnesses for the state I don't know who they are or what they could say,” he answered.

“I've been watching the jury. They're hard to read. Still, you haven't presented your defense. From what you've told me you might be able to sway them.”

“ I get the feeling that Belcamp only has one more witness

or witnesses to put on the stand. Watching him I think he'll try to get to the jury through sympathy. According to what he produced under the right to discovery, he'll put the Brewers on the stand.”

“Smart, if you challenge their testimony you come off looking bad,” said Nancy.

“Only if I let him, my dear. Only if I let him.”

When court convened Judge Taylor looked down from the bench at said, “Mister Belcamp you may proceed.”

“Thank you, your honor. The State calls Andrew Brewer to the stand.”

After the man was sworn and seated Belcamp began his questioning. “Mister Brewer please tell the court about your daughter, Wanda Brewer. In particular her interest in running and her habits while doing so.”

“ Wanda became interested in running in high school. As a freshman, she went out for Track and participated on the cross country team. To stay in condition when the track team was out of season she would run or jog if you will on the trail at Mullica Run.”

“I see and just how long did she do this?”

“For four years.”

“Four years. How did she get to the jogging trail?”

“I drove her there until she was seventeen and she got her drivers license.”

“When you drove her there, did you go directly to the trail?”

“No. Wanda had practiced carbohydrate loading. This is done to produce energy in the body for stressful, athletic events, such as long-distance running. She would either have a large breakfast at home before leaving the house to run or stop at Sally's Diner and have breakfast there.”

“When she was able to drive legally did she continue to practice carbohydrate loading?”

“Yes.”

“And, did she continue to stop at Sally's Diner?”

“Yes.”

“How do you know this?”

“Two ways. First, she told me. Second, she would always take a thermos bottle with her and had it filled with either coffee containing a large amount of sugar or sometimes, hot chocolate.”

“And finally sir, what things did Wanda plan to do with her life?”

“She had applied for and received admission to Temple University. She wanted to be a teacher,” said Andrew Brewer.

“No further questions,” said Belcamp.

“Mister Bader you may cross,” said Judge Taylor.

“No questions your honor,” said Adam.

“In that case, the State rests,” said Belcamp.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Eight

Defense

 

“Mister Bader, you may proceed,” said Judge Taylor.

“Thank you, your honor. We call Detective Leonard Mullen to the stand.” Adam waited patiently while the detective walked slowly to the witness stand, raised his right hand and was sworn. When he was ready Bader began his questioning. “Detective Mullen how long have you been employed by the Township Police Department?,” he asked.

“Thirteen years.”

“And during those thirteen years how many did you serve as a detective?”

“The last three years.”

“Now, I assume that you like every other police officer in New Jersey has to be certified by attending training and graduating from an accredited police academy. Isn't that correct?”

“Yes.”

“Please tell the court your assignment in the Township Police Department after you graduated from the police academy.”

“I was assigned to the patrol unit.”

“And how long did you stay in the patrol unit?”

“Ten years.”

“Ten years. During those ten years, how much time were you engaged in criminal investigation or any training programs, classes, seminars or even correspondence courses related to criminal investigations.”

“None.”

“None. Alright, none. Tell me then the rules either written or unwritten related to the identification of a suspect in a police lineup,” Bader instructed.

“Off hand, as I recall the subject should be placed with others similar to his appearance such as height, weight, things like that,” said Mullen.

“The defendant, Ronald Pearl wasn't placed in a police lineup, was he?”

“No sir.”

“How was he identified as the assailant of Wanda Brewer?”

“Witnesses reported seeing a man fishing on the banks of the Mullica River on the day of the murder. At the same time, we had recovered a paper bag with the logo, “Sally's Diner”. We then went to the diner and found that Ronald Pearl a cook at the diner matched the description given by the witnesses.”

“I see and then you had him give a DNA sample. Is that correct,” asked Bader.

“That's correct.”

“Did Ronald Pearl protest, argue or hold back or did he give his DNA sample willingly?”

“I'd say willingly.”

“When you went to Sally's Diner that day you mentioned. Where did you find the defendant?”

“In the kitchen.”

“How many other Black men were in that kitchen?

“ None, only Pearl.”

“Only Pearl. No further questions,” said Adam.

“Mister Belcamp, your witness,” said the judge.

“No questions your honor.”

“You may call your next witness Mister Bader,” said Judge Taylor.

“Thank you, your honor. We call Sally Burns to the stand,” said Adam.

After Sally was sworn she sat looking at Adam, not knowing exactly what he was going to ask. He opened his questioning with a greeting. “Good morning Miss Burns. It is Miss Burns is it not?”, he asked.

“It is.”

“I'll try to be as brief as possible. My question is how long has Ronald Pearl been employed at your establishment?”

“A little over three years,” Sally answered.

“And during that time what kind of an employee was he?”

“Excellent. He was or is my short order cook. He does his job and never has created any problems,” she said.

“Now then, Ronald Pearl is an Afro-American. How many other Black employees do you have?”

“None. Just Ronald.”

“Why is that?”

“None have applied for work and currently I do not need any more help, white, black or yellow.”

“I see. Thank you, Miss Burns. No further questions,” said Adam.

“Mister Belcamp,” said the judge.

Belcamp stood behind a table and said,” Miss Burns could you tell the Court what you know about the date of the murder of Wanda Brewer?”

“As I recall t was on June 21, 2015.”

“Do you remember what day it was?”

“Yes. It was a Sunday, Burns replied.

“And what is Ronald Pearls days off at your diner?', asked Belcamp.

“He is off on Sunday's”

“Thank you. No further questions ” said Belcamp.

“Call Homer Atkins,” said Bader.

Atkins, like those before him, was sworn and seated.

“Mister Atkins for the record how old are you?,”, Adam asked.

“I'm nineteen,” said Homer

“And where are you employed?”

“Sally's Diner.”

“In what capacity?”

“I'm a dishwasher.”

“Interesting. I too was a dishwasher. I did that to work myself through college and law school. So you and I have something in common. Could you tell me and the court what kind of dishes you wash?,” asked Bader.

“White heavy oval, round dishes, and mugs. Then of course pots and pans used by the cooks.”

“Tell me about the oval dish or plate.”

“The oval plate is used a lot for the breakfast crowd. The large round plate is used for mostly at dinner time.”

Alright, now correct me if I'm wrong. You go into the dining room where the waitresses after clearing the counter or tables place dirty dishes in a bin or container. Is that correct?”

“Yes, sir.”

“Then, you carry the bin or container back into the kitchen place them in the sink, return the bin to the dining room and after again returning to the kitchen begin to wash them.”

“No, first I scrape them and whatever I scrape goes into the garbage can.”

“I stand corrected. Now, after you wash the dishes I assume you then dry them,” said Adam.

“Yes, I do.”

“Now, what do you do with the dried dishes?”

“I place them either on the shelf near the grill or on the cutting table next to the grill. Depending on just how busy we are.”

“Why in that location?”

“That way the cook can reach up or over pick up a plate and place the finished order on the plate.”

“What does he do then?”

“He turns and places the plate of food on another shelf, one facing the dining room along with the order slip and calls for the waitress to pick it up.”

“Now when he turns and places the order for the waitresses how is he holding the plate with the food?”

“Thumb on the edge of the plate, fingers under it.”

“Thank you, Mister Atkins. No further questions.”

“Mister Belcamp?.” asked the judge.

“No questions your honor.”

“Very well, Mister Bader, you may continue.”

“Thank you, sir. We call Jane Squires,” said Adam.

Jane Squires, small, petite and nervous walked quickly to the witness stand and like all the others was sworn and seated.

Adam looked at the young woman and asked, “Is this your first time in court?”

“Yes, it is,” Squires answered.

“ Just relax and tell the court where you are employed,” said Adam.

“I'm a waitress at Sally's Diner,” the woman answered.

“Were you working on the morning of June 21, 2015?”

“Yes, I was.”

“Do you know George Benson?”

“Yes, I do.”

“How so, may I ask?”

“He is a police officer and a frequent customer.”

“A frequent customer. Does that mean he comes everyday or once or twice a week?”

“Usually he is a breakfast customer when he works the seven AM to three PM shift.”

“I see. Was he a customer on the morning of Sunday, June 21, 20015?”

“Yes, he was.”

“What time did he arrive at the diner?”

“It had to be between seven thirty or eight in the morning.”

“Do you remember what he ordered?”

“Yes, it's always the same, scrambled eggs, bacon, toast and coffee.”

“And that order was prepared in the kitchen?”

“Yes, of course.”

“And when it was prepared the cook called for you?'

“Yes.'

“Then what did you do?”

“I entered the kitchen picked up the order with my right hand and the check with my left hand and carried it to the counter and placed it in front of Officer Benson.”

“I see, and what did Officer Benson do then, if you remember?”

“He moved the plate closer to himself.”

“Why would he do that?”

“I imagine so as not to spill or drop food particles on his uniform,” said Jane Squires.”

“Thank you, Miss Squires. No further questions your honor,” said Bader.

“Mister Belcamp you may cross,” said the judge.

“No questions your honor,” said Belcamp.

“Alright, then Mister Bader call your next witness,” instructed Judge Taylor.

“We call Doctor Harvey Kramer,” said Bader.

After Doctor Kramer took his seat in the witness stand Adam said, “Doctor please tell the court just what your credentials are.”

“ I have a doctorate degree in biology from Princeton University and a doctorate degree in genetics from the University of Maryland.”

“And what is your current occupation or position?”, asked Bader.

“I'm retired.”

“From what and where Sir?”

“I was a professor at Winslow College. I'm now retired.

“Now it is my understanding that while at Winslow College you did write and submit a paper on the mistakes made in DNA testing. Is that correct?”

“Yes, it is and I did.”

“If you can please tell the court what your submitted paper was about.”

“ I became interested when I noticed a number of criminal convictions were being made using DNA as positive evidence. Then the F.B.I. publicly announced that they had discovered mistakes made in one hundred and seventy profiles.

That then set me to thinking that if the Federal Government admitted that errors were made, how many have occurred in State, county and city laboratories?” So, I wrote and submitted a paper on the subject”.

“And was there any results after you submitted your work sir? Adam asked.

“In a way. New York City's Medical Examiner stated that the capacity for human error is ever-present.”

“What is the effect of a mistake in a DNA profile, sir?”

“ Errors have the effect of obscuring clues, which then blind investigators to crime scenes and known offenders,” said Kramer.

“Error blinds the investigator. How interesting. I want to ask you about the transfer of one's DNA to another. The court has heard testimony that the plates served at a diner were touched by

first, a dishwasher, second a cook, third by a waitress and finally by a police officer who later touched the dead body of a murder victim. My question sir is what should the examiners in the laboratory have been looking for?”

“ They should have discovered many more DNA profiles other than just one,' said Doctor Kramer.”

“And if the DNA left on a dinner plate by a cook and then that plate is touched by a police officer who then touches a dead body what is happening in regards to a DNA sample?”

“The police officer is unwittingly transferring any or all DNA from the plate to the victim.”

“Thank you, sir. I ask you to remain at court as I will need to call you back to the witness stand later. No further questions at this time your honor,” said Bader.

“Mister Belcamp?,” asked the judge.

“No questions your honor,” said Belcamp.

“Very well. The court will recess until one PM.”

“All rise! Called the bailiff.”

During lunch, Adam asked Nancy, “What have you seen so far from the jury?”

“Right now, they're hard to read. I think you scored with Doctor Kramer on the stand,” she answered.

“Good. I hope to score better when I get him back in the chair,” Adam replied.

At one PM Judge Taylor convened the court and said,”Mister Bader you may continue.”

“Thank you, your honor. We call Martin Sawyer.”

Sawyer walked to the witness stand and like those before him took the oath and was then seated in the witness chair. Bader stood silently studying the man. Then, he began his questioning.

“Mister Sawyer correct me if I'm wrong but you have told the court and members of the jury that on June 21, 2015, you saw a black man fishing on the banks of the Mullica River. Is that right?”, asked Adam.

“Yes, it is.”

“And, I'll ask you again is the man you saw that day here in the courtroom?”

“Yes. He's sitting at the defendant's table,” Sawyer replied.

“And you are positive?”

“Absolutely.”

“Very good. Now, I want you to look at this photograph and tell me if you recognize anyone,” said Bader handing an eight by ten-inch gloss black and white photograph to Sawyer.

Martin Sawyer held the photo in his hand looked at it then handed it back to Bader saying, “ That's a picture of the defendant.”

“You are sure?” asked Bader.

“Positive.”

“And, is the man in the photograph the same man you saw fishing on June 21, 2015?”

“Yes, it is,” Sawyer answered.

“Objection! The photograph presented to the witness is not mentioned and we have not received a copy under the rules of the right to discovery,” said Belcamp.

“Mister Bader do you care to explain why the State has not received this evidence?” asked Judge Taylor.

“I will try your honor. A copy of the photograph and related documents were mailed to the County Prosecutor's Office on September 30, 2016. We have the postal receipt if it pleases the court. However, we can at this time give the State copies of the photograph and all documentation in relation to the picture if the State desires,” said Adam.

“Does the State desire copies Mister Belcamp?” asked the judge.

“Yes your honor and time to study them,” Belcamp responded.

“Court will be in recess for one hour,” said Judge Taylor.

“All rise! Called the bailiff.

Nancy whispered to Adam, “You didn't mention that you mailed them book rate.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Nine

Counterpart

 

One hour later, Judge Taylor said, “Court is now in session. Mister Belcamp have you had enough time to review the new evidence submitted by the defense?”

“Yes your honor,” Belcamp answered,

“Any problems?”, asked the judge,

“No sir,” Belcamp replied.

“Very well. I assume that there won't be any more problems with evidence under the right to discovery Mister Bader,” said Judge Taylor.

“There shouldn't be sir,” Bader replied.

“Very well. You may call your next witness,” said the judge.

“Thank you, sir. We call Alice Townsend to the stand,” said Adam.

Like with the other witnesses Bader waited until the formality of a witness being sworn was completed and then began his questioning. “Miss Townsend The court has heard your testimony about seeing a Black man fishing on the banks of the Mullica River on June 21, 2015. At the same time, the court is aware that you pointed to the defendant, Ronald Pearl in this courtroom as being that man. What I would like you to do is examine this photograph and tell me just who you believe it is.”

Alice Townsend looked at the photograph, handed it back to Bader and said, “It is a picture of the defendant.”

“And you're sure?”, asked Adam.

“Yes, positively,” the woman answered.

“Next I want you to read this correspondence received from the New Jersey State Police if you will,” said Bader handing Alice Townsend the document.

The woman began to read. “At your request under the proper subpoena, we are sending you the following: The arrest record on Thaddeus Lofton, convicted of Larceny and sentenced to three years in the penitentiary. The sentence was served at Trenton State Prison. Enclosed please find a photograph of the subject, arrest record and copy of fingerprints.” Alice Townsend handed the letter back to Adam.

“After reading that correspondence to the court please tell the court what the State Police identifies the photo to be that you have stated is of the defendant, Ronald Pearl,” Bader instructed.

“According to the State Police the photograph is one of Thaddeus Lofton,” she said.

“Thank you, Miss Townsend. No further questions ” said

Adam.

“Mister Belcamp? ” asked the judge.

“No questions, your honor.”

“Very well. Mister Bader, continue.”

“We call Doctor Harvey Kramer back to the stand your honor,” said Adam.

“As Doctor Kramer walked towards the witness stand Judge Taylor said from the bench, “You are still sworn, Doctor.”

Adam approached the Doctor and said, I would like to question you again sir about the subject of DNA. In particular, DNA as it deals with twins. Would you please tell me and the court about the difference of any that might occur?”

“Certainly. First, we must consider and ask what kind of twins. Most often the birth of fraternal twins is the norm. Fraternal twins are the result of two eggs being fertilized in the womb at approximately the same time where they then develop. The other type of twins is identical twins. These are the result of a fertilized egg splitting n two in the womb where they also then develop,” said Kramer.

“Is there a scientific name for identical twins sir? ” asked Bader.

"Yes, monozygotic is what is later defined as identical twins,” said the Doctor.

“I see. My next question sir is what is the difference in a DNA profile regarding fraternal twins and identical twins?”

“The difference is that the fraternal twins will each have their own particular DNA profile. On the other hand, the identical twins will have identical DNA profiles.”

“Meaning that the DNA left on the clothing and skin of Wanda Brewer could have been left by Thaddeus Lofton?”

“Objection. Counsel is leading the witness,” said Belcamp.

“Your honor I am merely attempting to have a witness further explain the subject of DNA. DNA appears to be the foundation of the States case against my client,” said Bader.

“Overruled,” said the judge.

“Do you need me to repeat the question Doctor?” asked Adam.

“No. If Thaddeus Lofton is the identical twin of Ronald Pearl then it is indeed possible that Lofton could leave DNA on the victim that is identical to Ronald Pearl's DNA.”

“Can there be any doubt when it comes to the similarity of DNA in identical Twins? ” asked Bader.

“Not unless one questions the fact that the DNA found in identical twins is ninety-eight point ninety-nine percent,” Kramer answered.

“ I would now like to return to the subject of mistakes made in DNA testing. You have already testified that mistakes are made. Could you elaborate Doctor?,” Adam asked.

“Of course. The New York Police Department had to reexamine eight hundred rape cases because of a mistake made by a laboratory technician. The San Francisco Police Department had to review fourteen hundred cases due to misconduct of a lab technician. The F.B.I. found that nearly every examiner gave flawed testimony in trials. Due to corruption in South Africa samples had to be retested and in India, they found that there was a lack of expertise,” Kramer stated.

“Then it is possible that mistakes were made in testing the DNA profile that the State says comes from Ronald Pearl,” said Bader.

“The fact that no DNA belonging to the dishwasher, the waitress, and the police officer was found indicates to me that serious mistakes were made,” said the Doctor.

“Anything else sir?”

“ Only that in the year 2014 three hundred and sixteen people were exonerated because of mistakes made in DNA testing,” Kramer related.

“Thank you, Doctor. No further questions” said Bader.

“Mister Belcamp, you may cross-examine,” said Judge Taylor.

“Thank you, your honor. I only have one question. Doctor, you have testified as to how mistakes are made in DNA testing. You even have the statistics about what cities in the United States and the number of police cases that had to be re-examined. Then you went on to mention foreign countries that also have or had problems in DNA profiling. Can you tell the court the number of successful convictions have been made as a result of DNA testing?”

“No, I can't”, said Kramer.

“No further questions,” said Belcamp as he walked back to his table.

“Mister Bader? ” said the judge.

“Your honor the defense rests,” said Adam.

“Very well. The court will be in recess for the next hour. When in session again both counselors will give their closing arguments,” said Judge Taylor.

“All rise! ” said the bailiff.”

One hour later Charles Belcamp approached the jury box.

Members of the jury sat intent ready to listen to what the prosecutor had to say. Then he spoke. “Ladies and Gentlemen.

I want to personally thank you for first, for appearing and doing your civic duty. You have sat patiently while I, representing the States case against Ronald Pearl presented evidence, evidence of his guilt in the murder of Wanda Brewer. Now, allow me to remind you of that evidence. There is the discovery of a Styrofoam cup and paper bag found on or near the jogging trail known as Mullica Run where the victim a young teenage girl was found dead, murdered. Found on those two items introduced as evidence was the DNA profile of the defendant. I also submitted to you the pink jogging shorts worn by the victim on the day she was murdered. And, what do we know about the jogging shorts? Well, we know that Ronald Pearl's DNA profile appeared on the waistband of those shorts. You heard the testimony of Sally Burns who stated under oath that on Sunday, June 21, 2015, the day that Wanda Brewer lost her life that Ronald Pearl was off that day. Off ladies and gentlemen. And where was he on his day off I ask you? The answer came from two witnesses again under oath testifying in this courtroom and to you the jury that they saw the defendant fishing on the banks of the Mullica River on the day in question.

Now, let us look at the other evidence, the DNA profile.

I will not bore you by going over again the scientific definition of DNA. What I will do is remind you that the chances of two persons having the same profile is one in the billions. Think about that. In the billions. So what does the defense offer you?

He offers the possibility and may I say the rare possibility that the DNA profile left on the victim that matches Ronald Pearl is not from Pearl himself, but from his identical twin. How convenient.

Now ask yourself this. Where is this identical twin? The defense mentions him but he does not produce him. Instead, he offers a black and white, glossy photograph supposedly of a man known as Thaddeus Lofton. Thaddeus Lofton was never put on the witness stand. Only his photo. It was a magic trick in an attempt to confuse you. A now you see him. Now you don't. Still, I am confident that all of you after hearing and evaluating the evidence and the testimony of witnesses will do the correct thing. The correct thing is to find the defendant guilty of murder in the first degree. Thank you,” said Belcamp.

“Mister Bader,” said the judge.

Adam Bader walked slowly to the jury box. As he did he suddenly became aware of the mixed aromas emitted by the members of the jury. The indiscriminate odors of shaving lotion, perfumes, pipe and cigarette tobacco came to him carried in the air of the courtroom. He stopped and smiled. Then he said, “Ladies and gentlemen I have both good and bad news for you. The good news is that this trial with your help is coming to a close. The bad news, however, is that you must retire and render a verdict. Now, the prosecutor has accused me of being a magician or a purveyor of lies. I want you to know that I do not take that as an insult. No, rather than taking offense I willingly submit to you just how weak the State's case against Ronald Pearl appears. I have presented to you an expert in the scientific world of genetics, Doctor Harvey Kramer. I ask you to recall several things. There is the testimony of Homer Atkins who related just how he washes, dries and then stacks the plates for the cooks in Sally's Diner. Them he went on to say just how the cooks reach for and take hold of a plate that they would use to place the cooked order. Next, you heard from Miss Jane Squires the waitress who on the morning of June 21, 2015, did serve Officer George Benson. Why is that important? It is important because she mentions that Officer Benson reached for a moved his breakfast closer to himself as he sat at the counter. The importance here is that under questioning Doctor Kramer testified that instead of just finding Ronald Pearls DNA in the profile examination the laboratory person doing the profile testing should have also found the DNA of Homer Atkins, Jane Squires, George Benson as well as Ronald Pearl. Now ask yourself this. Did the State introduce those DNA profiles to you?

You must admit that the answer is no.

Now we come to what the State contends is a magic show.

If there is any magic in my producing evidence that the DNA profile of one Thaddeus Lofton is exactly like that of Ronald Pearl then I submit to you that the props for the magic show were provided by the New Jersey State Police reporting system.

If the State maintains that I have attempted to deceive you by entering evidence to the fact that Tyrone Lofton and Thaddeus Lofton were born on July 14, 1986, and July 15, 1986, as identical twins then again the instrument that was used according to the prosecutor came again from the State of New Jersey. To be exact the adoption records came from the Adoption Placement Service of Elizabeth, New Jersey. Again, for your information, Tyrone Lofton was adopted by Sonia Pearl. She changed his name to Ronald Pearl. As far as we know his brother Thaddeus, Ronald's counterpart was not adopted and grew up in foster homes.

So you see ladies and gentlemen there is no magic. I have not waved a wand in this courtroom. I merely presented the facts and the evidence that not only challenges that produced by the State. I also offer to you the scientific proof and evidence that DNA evidence presented in a court of law is not absolute.

At this time I would like to thank you for your service. In a moment the judge will instruct you on your responsibilities. One of those things he will mention is that if there is any, any, reasonable doubt in your mind about the innocence or guilt of the defendant then you are obligated to render a not guilty verdict. I ask you to seek justice for the defendant. Thank you.”

Adam walked back to the defendant's table and took a seat between Nancy and Ronald Pearl. “Now your life is in the hands of the jury. I did the best I could for you. I could have done better had you told me about Thaddeus,” Bader said.

“Man, I told you I don't know any Thaddeus,” Pearl replied.

The three at the defendant's table sat and listen as Judge Taylor instructed the jury. They rose and stood as the jury got up and walked out of the courtroom to deliberate Pearl's fate. While they were standing the judge left the bench.

Bader turned to Ronald and said, “Now it's a waiting game. The longer the jury is out the better it looks for us. Now go with the deputies. They'll bring you back when the verdict is to be announced.”

After Pearl left Nancy stood gathering papers, pads, and documents placing them in Adam's briefcase. He said to her, are you hungry?”

“I could eat,” she replied.

“OK. We'll go somewhere close by in case the jury comes in, he said.

“Believe me. We can take our time. The jury will deliberate for a long time,” said Nancy.

“What makes you think so? ” he asked.

“Just a feeling I have. I watched the jury the entire trial. There is one woman who constantly produced a look of disdain

every time Belcamp had something to say. She didn't like him,” said Nancy.

“Looks are deceiving they say,” said Bader.

Later at the restaurant, the couple talked as they had a late lunch. “Well, now what?”, he asked.

“What are you talking about?”, Nancy asked.

“”I'm asking what your plans are after this trial is over.

“I've already told you. If there is a place for me handling cases other than criminal I'll stay with the Public Defender. If not, I'll branch out on my own.”

“No other plans?” he asked.

“Actually I am planning to return to Moe's have a fried shrimp dinner and then go dancing.”

“Can I join you Adam asked.

“I was counting on it.”

“Why. Because you need someone to dance with?”

“No, because you can pay the check.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Ten

Verdict

 

Adam Bader sat in front of his desk in the Public Defenders Office. Deep in thought, he unconsciously tapped a pencil lightly on the desktop as he reflected on the trial and the fact that in the past two days the jury was deadlocked on a verdict.

“Look at it this way. A hung jury is actually a victory for you,” said Nancy.

“Depending on whether or not Belcamp drops the charges or goes to trial again. I don't see him dropping a charge of murder in the first degree,” Adam replied.

“Well, as I see it you did everything you could in defending Pearl,” said Nancy.

“Make that we did everything. You played a large part in the case,” Bader added.

“Thank you,” she replied.

Their conversation was interrupted by the ringing of the telephone on Adam's desk. He picked up the receiver, placed it to his ear and said, “Adam Bader.”

After he placed the telephone back on it's cradle he turned to Nancy and said, “OK, time to go. The jury is coming in again.”

“You go. Melber is coming in this morning. I don't know what he wants at this late date but I'll meet with him, see what he has to say and then join you in court,” Nancy explained.

Thirty minutes later Bader sat and listened as the Jury Foreman stood waiting for Judge Taylor to speak and then he did.”

“Mister Foreman have you reached a verdict?”, asked the judge.

“No your honor. It appears as though we are hopelessly deadlocked in reaching or making a decision,” said the man.

“This is the third day of jury deliberations. On two separate occasions, I have sent you back to the jury room in the hope that the twelve of you could come together and render an agreement of either the defendant is guilty or not guilty. As a result of indecision on the part of the members of the jury I hereby rule a mistrial.,” said Judge Taylor.

As people left the courtroom Adam sat silently at the table.

He looked up when Charles Belcamp approached him.

“Don't take this decision to heart young man. In my opinion, you did a masterful job defending Pearl. However, I intend to try him again. The next time I will get a conviction.

Now, however, the plea bargain is off the table. Keep your chin up and I'll see you in court,” said Belcamp offering his hand in friendship.”

Adam stood and shook hands with the prosecutor. “Thank you, sir. Your comments are very reassuring,” he said.

Later Bader still sat at the table. In front of him was the documents needed and used in court. He carefully placed each document in order and was about to close the manila folder when Nancy walked up and sat down in the chair next to him.

“I think you need to read this,” she said handing Adam a typed sheet of paper.

Adam took the paper leaned back in the chair and began to read. Suddenly he leaned forward and said aloud, “I'll be a son of a bitch!”

“I thought that would be your reaction. What are you going to do now?”, she asked.

“Do? I'll tell you what I'm going to do. I'm going to confront Pearl, that lying bastard. I'll be awhile at the jail. I'll see you back at the office,” said Bader.

Thirty minutes later Adam paced back and forth in the small room as he waited for Ronald Pearl to be brought to him. When Pearl entered the room he saw the look on Bader's face and said, “What's wrong?”

“What's wrong? I'll tell you what's wrong. Where shall I start? The beginning is always a good place. Let's start there.

When I first met you I told you not to bullshit me and I believed you when you said you wouldn't but you did. Right now I'm pissed off not at you so much but pissed off at myself for being so damn gullible. I defended you because I thought and believed that you were innocent. The truth is your as guilty of killing Wanda Brewer as it could possibly be.

Here's how I see it. Wanda Brewer made the mistake of entering the diner on a Saturday instead of the usual Sunday morning. On a particular Saturday as the swinging kitchen door opened you saw her seated at the end of the counter. Your interest in her peaked. You found it necessary to use the men's room that's just off of the dining room. That gave you the opportunity to really look her over. You did and you wanted her.

Then, you played it cool, asking the waitresses and Sally Burns about the girl that wanted her thermos filled. They told you that she was a frequent customer who came in on Sunday mornings and then went jogging on Mullica Run. Sometime after that, you checked out the jogging trail. When you did you found a place to sit and wait for her to run by you. You also knew that you could grab, lift and carry her into the high weeds and brush. Then, your intention was to rape her. You attempted to pull her shorts off but she fought scratching the back of your hand, the hand that Violet Beal bandaged for you. Injured, you now became angry. You then choked her to death. Even after killing the girl you were not worried. That's because if any evidence came back that would accuse you there was an out. The out was DNA. You always knew that you and Thaddeus Lofton shared the exact DNA profile. Knowing that at an early age allowed you to commit other crimes. When you were caught, arrested and processed you gave the name, Thaddeus Lofton. You even spent three years in the Trenton Penitentiary posing as Thaddeus Lofton. Clever, very clever but you made one mistake in talking with me. You gave me your exact date of birth, July 14, 1986.

This then took us to the adoption agencies that handled your adoption by Sonia Pearl. It also opened the door for us to examine the records of Thaddeus Lofton. Here's what we found today. Thaddeus Lofton was hit and killed by an automobile on  November 17, 1996. He was ten years old.

Knowing this Thaddeus Lofton could not possibly be the convict serving time in prison. Therefore it has to be you. As I have said, whenever you were caught in a bad situation you used your twin brother's name and social security number. How did you do this? You got all the information you needed by requesting to look at you and your brother's adoption records.

And then finally there's this. I was able to produce evidence in court that the DNA in identical twins is exactly the same. Do you know what is not exactly the same? Fingerprints. I checked the fingerprints of Thaddeus Lofton against those of Ronald Pearl and they are exactly the same. fingerprints don't lie and your charade is over.

So that now brings us to today. I managed to get a mistrial. That means a tie so to speak. The prosecutor has already informed me that he's going to trial again with this case. Fortunately for me, I won't be defending you the next time. Someone else will. Unfortunately for you that someone will have all the information about you posing as your twin brother. That information will be seen by Charles Belcamp under what is referred to as the right to discovery. Now, after I call for the guard to take you back to your cell let me remind you that Belcamp has also removed the plea bargain. I imagine life in prison is a very hard long time.”

Back at the Public Defenders, Office Adam was met by Nancy. “How did it go?”, she asked.

“I'm done. Walter can assign another lawyer to represent Pearl. Just as soon as I clean out my desk I'm resigning,” said Bader.

“What are you going to do?”, she asked.

“Practice law but not criminal law. How would you like to be partners?” he asked.

“I'd be interested,” Nancy replied.

“Good, I'll look for office space in a mall and contact a sign painter.”

“Why?”, she asked.

“To have the name of our new firm painted on the window and door,” Adam said.

“How will it read?”

“It has to read Milner and Bader or M&B Law. One thing's for certain it can't read BM law firm,” said Adam with a smile.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Tag der Veröffentlichung: 24.06.2017

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