Page 108 of Witness 8

‘That is true.’

‘Your comparison of the markings left behind is completely subjective, though. Isn’t that right?’

‘I undertake a microscopic comparison of the projectiles. When I am satisfied that they have the same markings, then I have to say that they have a common origin. In this case, there were ridges and furrows on the projectiles which I felt were common to a single weapon.’

‘But another ballistics expert may find that same evidence inconclusive? Do you accept that?’

‘That’s theiropinion,’ said Harris.

Kate tried not to smile. Her line of questions had narrowed to this point, and to this precise word that she had coaxed from Harris. She moved his testimony from a bullet being a fingerprint for the weapon to mereopinion.

‘There is no objective scientific proof that these projectiles were fired by the same weapon – it’s just youropinion, having carried out a comparison?’

‘Myexpertopinion.’

‘Other than the tests you carried out, what else influences your opinion?’

Harris thought about this, said, ‘Not a single thing. Sometimes I am given details of the crime scene, but it doesn’t matter. I go by my comparison studies.’

‘I see, well, what if we did a small comparison study right now? Of the cases in which you were retained by the district attorney’s office – how many times have you found that the disputed projectiles in those cases matched the defendant’s weapon?’

‘I don’t recall. I’ve worked a lot of cases.’

Kate marched to the defense table, picked up a small file and opened it. She had done her homework on Harris.

‘Let me remind you, Mr. Harris. You appeared as a prosecution witness in forty-three cases. In all of those cases you said the bullets matched the weapons linked to the defendants.’

‘If you say so. I don’t recall.’

‘You have appeared as a witness for the defense in twenty-six cases in thirteen states. In all of those instances, you disputed the prosecution’s case that the bullets matched the weapons belonging to the defendants.’

Harris tilted his head, said, ‘In each of those cases I conducted my examinations faithfully.’

‘But you have already admitted your expert opinion is just that – it’sopinion, not fact. Correct?’

‘I carried out a microscopic comparison of those bullets . . .’

‘You base your opinion on whoever is paying you, Mr. Harris. The jury doesn’t need a microscope to see that,’ said Kate.

48

Ruby

Sunset Senior Living facility sat on 46thStreet and 10thAvenue between a dog day-care center and a liquor store.

The sign in the reception area read: ‘Making Your Sunset Years Beautiful’ and beneath it was a picture of an old lady sipping a margarita on a rooftop, watching the sun set behind the buildings of Manhattan.

The facility manager, Lula, did point out that they’d had to close the rooftop refreshment area, as two residents had managed to throw themselves off the top of the building. She also explained Saturday night was movie night, meatloaf was Wednesdays, Tuesdays was aerobics and Thursdays was karaoke night. Both suicides happened on a Thursday. Lula helpfully added that she didn’t believe there to be any correlation.

For a place that cost eighty-nine thousand dollars a year, and was cheap in this part of New York, it struck Ruby that taking a fall off the roof might make economic sense to some folks.

‘I’m sure your mother will be very happy here,’ said Lula as she walked with them toward her mother’s room, passing some elderly gentlemen with walking frames and cheeky grins.

The room could’ve been better. The floral wallpaper had peeled away at the corners, and there was an orderly kneeling down at the locker beside the bed, putting stuff into a blue garbage bag. There were fresh sheets, a TV, a chair and acomfortable bed and bathroom. Stains on the wallpaper where pictures had been freshly removed.

‘We encourage residents to place their own art on the walls. Our porters will bring your personal items of furniture right up,’ said Lula.

Her mom looked around the room and smiled, then patted Ruby’s arm.