Shades of Truth by James A. Ardaiz

Author:James A. Ardaiz
Language: eng
Format: epub
Publisher: Linden Publishing
Published: 2019-12-16T16:00:00+00:00

At lunch, O’Hara and Ernie sat in Jamison’s office chewing on sandwiches from the courthouse cafeteria. As far as Jamison was concerned it was like eating mystery meat wrapped in cardboard, but his investigators didn’t seem to mind. However, Jamison had learned early on that the diet of cops was somewhat similar to goats; they weren’t very discriminating. Finally, O’Hara spoke up about Jamison’s refusal to ask Harker questions. Jamison put his sandwich down and explained that for Gifford to prevail he was going to have to bring in new evidence that wasn’t available at the trial. Evidence from Foster that he lied when he identified Harker would be such evidence, but Foster hadn’t testified and Gifford wasn’t going to be allowed to get in statements he said Foster made without getting them in through Foster. What Gifford had been counting on was that Foster would testify or that Judge Wallace would give him some slack in the rules. Jamison had been counting on the fact that Wallace was a stickler for the rules. As far as Foster was concerned, it wasn’t the prosecutor’s job to allow in evidence that wasn’t otherwise admissible. Gifford was on his own, and if it took Jamison objecting to exculpatory evidence, that was his job.

Ernie listened quietly before asking, “But what if Foster really did tell Harker that he lied? Shouldn’t Judge Wallace consider that?”

O’Hara offered his opinion before Jamison could answer. “Harker’s a convicted murderer and now he’s just trying any bullshit he can think of to get out of the joint. It’s not Matt’s job to help him.”

Jamison didn’t make any excuses for his objections. “Gifford knew that what he was trying to get in shouldn’t be admitted. What he was counting on is the seriousness of the case and that Wallace would cut him some slack. Wallace would do the same thing to me if the shoe was on the other foot. I knew if Foster didn’t testify then Gifford should not be allowed to get in those statements. Wallace was right. The rules don’t change depending on consequences.”

Ernie persisted. “Well, what if Foster testifies?”

“Then Gifford will be able to ask what he wants and impeach Foster. But first he has to get Foster to testify. That’s his job, not mine. Look, Ernie. No judge is going to grant a new trial simply because a defendant comes in and says that a witness lied. The judge is going to have to have clear proof or hear it from that witness, and even then the judge may not believe it. Foster is in the joint. He isn’t going to win any friends by cooperating. It is all about newly discovered evidence. They had their chance to cross-examine Foster at Harker’s trial. I’m not doing anything to Gifford that he wouldn’t do to me if our roles were reversed. Gifford is the one who has to prove his case. So far he hasn’t and I’m not going to help him.”

Ernie asked, “Are you

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