Counterpart, Robert F. Clifton [100 books to read TXT] 📗

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