Bronx Justice by Joseph Teller Page B

it would give Jaywalker a solid bank of material for impeachment.
    Finally, in addition to the photo identifications, there’d been at least one live, or “corporeal,” identification in the case, one that Jaywalker himself had witnessed. That had taken place the day of Darren’s very first court appearance, when Joanne Kenarden had been summoned to court. There she’d watched as Detective Rendell, no stranger to her, had led Darren into court. Minutes later, she’d been asked if she could identify him, and if she was certain. Talk about suggestiveness …And unlike the photo identifications, this corporeal identification wasn’t barred by the law. If it passed muster at the hearing—and Jaywalker had little doubt that it would, even if it shouldn’t—Pope would be free to elicit it at trial.
    In short, if nothing else, the hearing would provide a preview for the defense, an advance look at what the trial testimony would be. Jaywalker would have little to lose and much to gain from it. And since he figured he was pretty far behind the prosecution at this stage, gaining took on added importance.
    So January, for the defense, was a time to get ready for the Wade hearing. Jaywalker reviewed McCarthy’s notes and his own files. He went over every piece of paper hehad, over and over again, hoping that one of them would reveal some secret, some clue to Darren’s innocence, that he’d missed before. He made copious notes, reducing pages to paragraphs, paragraphs to sentences, sentences to key words. He drew up long lists of questions to ask witnesses. He fell asleep with his head on his desk more than once, and spent several nights on the couch of his office. He missed meals, lost weight he didn’t have to lose in the first place, and occasionally appeared in court unshowered and unshaved. Never mistaken for a paragon of fashion, he now began to be noticed for his rumpled hair, wrinkled shirts, and same-as-yesterday suits and ties. He saw little of his wife, and less of their daughter.
    But he got ready.

9
THE FREE LOOK
    T he case was called, and both Pope and Jaywalker answered that they were ready for the hearing. Justice Davidoff marked it for a second call, announcing that he’d begin the hearing as soon as he got through the rest of the matters on his calendar.
    Jaywalker stepped outside the courtroom with the Kingstons. He went over the Wade hearing procedures with them once more. For some reason he felt a compulsion to explain everything to them. Again he reminded them that they stood no chance of “winning” anything at the hearing, that for them it represented a vehicle to get more information to use at the trial. A free look.
    It was eleven o’clock by the time the case was recalled. Justice Davidoff, squinting at Jaywalker’s motion papers in front of him, remarked that there seemed to be two issues before him, the Wade hearing and the defense’s motion to sever the cases into four separate trials.
    â€œHow is this severance question going to affect our hearing?” he asked.
    â€œIt isn’t,” Jaywalker replied, jumping up to beat Pope to the punch. “I suggest we hold off on the severance issue until after the hearing. Once Your Honor has heard the testimony, you’ll be in a much better position to rule on severance.”
    But Pope wasn’t about to be outmaneuvered. “I disagree,” he said, rising to his feet. “How many witnesses I call at the hearing depends entirely upon how Your Honor rules on the severance motion. Should you decide, for example, that there must be separate trials, then it would be ridiculous for me to have had to call all four victims to the stand, when it turns out only one was needed.”
    Between the lines, of course, Pope was offering Justice Davidoff a quick hearing in place of a protracted one. Always an effective strategy.
    â€œYes,” said the judge, “I agree.