Proof Positive (2006) (31 page)

Assuming that there was a print on the can, is it possible to say who made it?

No.

What about the ballistics evidence that shows a match between the bullets taken from Mr. Ballard's head and the bullets found in Mr. Prochaska's home?

Baylor looked directly at Cashman before he answered. Cashman's features were frozen into a mask of hate.

That was equally clever and incredibly simple. The people at the nuclear reactor did conduct neutron activation analysis of two samples, but neither of them came from the bullet that killed Vincent Ballard. These samples are very small and both of them came from one of the bullets that were found in Mr. Prochaska's closet. We ran a second test on a sample from the bullet that did kill Mr. Ballard and one of the bullets from Mr. Prochaska's closet and they don't match.

No further questions, Frank said.

The jurors were whispering to one another, and Judge Belmont looked stunned.

Do you have any questions for the witness, Mr. Greene? the judge asked.

No, Your Honor, but I would like Mr. Cashman taken into custody. At a minimum, he has committed perjury concerning his credentials and his test results, and the charges may be more severe. There is an ongoing investigation on which I cannot comment.

Cashman leaped to his feet. This is outrageous! he shouted. I' ve done nothing wrong.

Mr. Cashman, the judge said, please don't make any statements until you' ve spoken to an attorney. You' re in court. Everything you say is being recorded and can be used against you.

Cashman started to open his mouth but thought better of it. The policemen who had been sitting in the back of the courtroom had moved next to Cashman while Greene and the judge were speaking. Cashman noticed them and turned pale.

You may take Mr. Cashman into custody, the judge instructed the officers.

Cashman straightened his cuffs and submitted to being searched with as much dignity as he could muster. As he was being handcuffed, Cashman turned his head and saw Martin Breach watching him. As soon as their eyes met, the mob boss formed a pistol with his thumb and finger. He pointed it at Cashman and smiled. Cashman looked away quickly, but he could not get that chilling image out of his mind.

As soon as the criminalist was out of the courtroom, Mike Greene addressed the court.

Your Honor, in light of Mr. Baylor's testimony, which Mr. Toomey agrees with completely, coupled with the very real possibility that Mr. Cashman has perjured himself about his qualifications and the results of the tests that incriminated the defendant, I find myself in the position of having to move for a dismissal of the murder charge in this case.

Mr. Prochaska has also been charged with being an ex-convict in possession of a firearm in the indictment in this case, and with the murder of Juan Ruiz in a separate indictment. The ex-con charge is based on the fact that a firearm was found during a search of Mr. Prochaska's home. The Ruiz murder charge is based on ballistics tests conducted on the weapon found in Mr. Prochaska's home. The search warrant that allowed the police to search Mr. Prochaska's home was based on Mr. Cashman's affidavit, in which he swore that he found a fingerprint belonging to the defendant on an item discovered in Mr. Ballard's motel room. The state believes that the statements in the affidavit were intentionally false. Therefore, we have no choice but to move for a dismissal of the two charges: murder and ex-convict in possession of a firearm.

Quite frankly, Mr. Greene, I am shocked by what I' ve heard in court today, Judge Belmont said. This is an incredibly serious matter two murder charges but I would be derelict in my duty to the justice system if I did not grant your motion.

The judge turned toward the defendant. I am dismissing all of the charges against you, Mr. Prochaska. You'll be taken back to the jail for processing and released.

As soon as Judge Belmont left the bench, Prochaska grinned at Frank.

Man, you' re good. Not only did you get me off but you put that liar in jail. What's going to happen to him?

It's too early to tell, Art. There's an investigation going on right now and Mr. Cashman could be facing murder charges before this is over.

Wouldn't that be a shame, Art mused, but he was thinking that it would be better if Bernard Cashman were not behind bars, where it would be harder for Art to get at him.

Mike walked over to Frank as the guards took Prochaska back to the jail.

That was good work, the prosecutor said.

I had nothing to do with it. Frank smiled at Amanda. Thank my brilliant daughter. It was her idea to check on Cashman's academic record. And Paul was no slouch either.

I'm just embarrassed that it took me so long to figure out something that was so simple, Paul said.

Slow but steady wins the race, Frank said.

That's not a comment on my intellectual abilities, is it? Baylor asked.

Frank laughed, and Mike and Amanda smiled. After a little more chatter, Paul and Frank left.

How are you feeling? Amanda asked Mike as he gathered up his things.

Like shit. Prochaska may have been innocent in the Ballard case but I'm certain he killed Juan Ruiz. Now, thanks to Cashman, he's getting away with murder. And I can't begin to think of the mess we' re going to have when we start reviewing Cashman's cases.

You'll feel a lot better when they free the innocent men from prison who were framed by Cashman.

Chapter
45.

MIKE GREENE STOOD UP WHEN BERNARD CASHMAN AND HIS attorney, Alec DeHaan, were shown into the conference room in the district attorney's office. Cashman had been released on bail yesterday afternoon and had slept in his own bed last night. He was dressed in an expensive hand-tailored suit and appeared to be his usual jaunty self, but after a night and part of a day in jail, the sparkle in the criminalist's eyes had been replaced by a wary look.

Mike nodded at Cashman and said Good morning, Alec to Cashman's portly, balding attorney. If Cashman had hired DeHaan, who was very good and very expensive, he knew he was in serious trouble.

Have a seat, Mike said, indicating two chairs on the other side of the table.

Sitting with Mike were Carlos Guzman, Steve Hooper, and Billie Brewster. All of the law enforcement officers looked grim. DeHaan knew them. He nodded in their direction.

I see you' ve got the troops with you, DeHaan said.

We' re all very interested in your client, Mike said.

Obviously, or you wouldn't have arrested him. But there has to be a reason for this meeting. Care to tell me why we' re here?

We know that Bernie faked evidence in one murder case and we suspect that he has faked evidence in several other cases. As we speak, the lab is doing an audit of every case in which Bernie has been involved.

That's ridiculous, Cashman blurted out. I stand by my results in every case I' ve handled. I'm human, so I may have made a mistake or two during my career, but fake evidence results never! And why would I want to frame Prochaska? I don't even know the man.

DeHaan laid a hand on his client's forearm. This is not the time, Bernie. Remember what we discussed earlier? Let me do the talking in here.

Cashman shut up and settled for glaring at Mike.

My client does have a good point. Why do you think he would frame someone he doesn't know?

That has us all puzzled, Mike said. We can't figure out why he would fake the results in Prochaska and Cohen.

Cohen? Cashman blurted out. You' re saying that there's something wrong with that case, too?

You know Ron Toomey, don't you? Mike asked DeHaan.

The lawyer nodded.

He and your client were the criminalists who worked Mary Clark's crime scene. Two pubic hairs belonging to Jacob Cohen were found on her thigh.

Cashman leaned over and whispered in DeHaan's ear.

As I understand it, DeHaan said, Mr. Cashman had nothing to do with the discovery of the hairs. Ron examined the body.

That's right, but we checked the evidence locker. There were supposed to be eight of Cohen's pubic hairs in a file from an old case in which he was accused of attempted rape. The number of hairs in the evidence locker matches the number on the receipt, but two of them aren't Cohen' s. It looks like someone removed two of his hairs and put them on Mary Clark's corpse to make it look like Cohen tried to rape her. Then those hairs were replaced with hairs from somewhere else probably another case file. We' re checking on that now.

DeHaan conferred in whispers with his client.

Mr. Cashman doesn't know anything about these hairs. Mr. Toomey discovered them. As I understand it, Mr. Cashman never touched them.

That may be true, but it is faked evidence in another case in which he was involved.

You still haven't explained what his motive would be for rigging the cases of men he's never met.

We' re looking into that, Carlos Guzman said. In the meantime, he's suspended from his duties in the crime lab and Mike intends to prosecute him for perjury.

That's not fair, Carlos, Cashman said. I have important work to do.

Someone will fill in for you until we straighten this out.

Cashman searched the room for a friendly face and settled on Detective Hooper.

Steve, tell them I'd never do this. We' ve worked together on a lot of cases. Have you ever questioned my results?

Hooper had to force himself to meet Cashman's stare. When he spoke he sounded embarrassed.

I' ve always respected you, Bernie, but The detective shrugged. There's a lot for you to explain and it doesn't look good. I think there are even some questions about the fingerprint on the hammer in the Raymond Hayes case.

Fear shot through Cashman until he remembered that the hammer and the evidence bag were gone and no one could prove he'd done anything wrong.

We both want to get the bad guys, Bernie, but faking evidence, that's going too far.

Prochaska is evil, Steve.

Well, yeah, I suppose so, but what about the guy who really killed Ballard? He's just as bad and he's going to walk because of what you did. Everybody is pretty upset, Bernie. I don't want to even think about the possibility that Hayes was innocent. We'd appreciate it if you could clear this up for us.

There's nothing to clear up. You know Hayes killed his mother. I haven't done anything wrong. There's been a mistake.

DeHaan laid a cautioning hand on Cashman's forearm, and his client stopped speaking.

You asked for this meeting for a reason, Mike, DeHaan said. What is it?

I might be willing to make a deal on the perjury case if Bernie tells us the names of the cases in which he's falsified evidence or given false testimony.

Cashman leaned over and whispered heatedly in his lawyer's ear. DeHaan whispered something in reply. Cashman leaned back and glared at Greene.

My client is adamant that he has never intentionally falsified evidence in a case, but I'd be derelict in my duty if I didn't listen to your offer. Right now, however, Mr. Cashman is upset and I think it would be better if the two of us finished this discussion in your office.

That's fine with me. Why don't you see Bernie out? I'll tell the receptionist to bring you back to my office when you' re ready.

Cashman started for the door. Then he stopped and turned back toward the prosecutor.

I'd appreciate it if you addressed me as Mr. Cashman from now on, Mr. Greene. My friends call me Bernie. I no longer consider you a friend.

So, what do you think? Mike asked everyone as soon as the door closed behind Cashman and DeHaan.

I think we' ve got Bernie dead to rights on perjury and obstruction of justice and whatever else you can come up with in connection with the Vincent Ballard murder, but I don't see a case against him for anything else, Billie Brewster said.

I agree, Hooper chimed in. I know you think he might have killed Mary Clark, but Cohen's still my bet, even with the pubic hairs. Hannah agrees. And there's no proof that the hairs that were found on Clark's thigh came from the evidence locker. I know it would be a big coincidence, but Cohen could have left them when he tried to rape Clark. There could be another explanation for the two odd hairs that were found in Cohen's old case file.

Hannah could probably get a conviction in Cohen, but there's a hell of a lot of evidence pointing at Bernie, Mike said.

Not evidence, Hooper corrected, conjecture. For him to be the killer he'd have to have lied about the print on the hammer, and we can't prove that with the hammer missing. So you' ve got no motive and no other evidence against Bernie for the Clark murder.

He's right, Guzman said. Unless we find something wrong with some more of Bernie's cases, the Ballard case will turn out to be an isolated incident.

You' re not thinking of keeping him on? Mike asked, alarmed.

No, even one instance of perjury and falsifying evidence is too serious, Guzman answered. But there's a big difference between lying in a trial and killing two people.

You' re right, Mike conceded. He checked his watch. Alec is probably waiting for me. I'll let you know if Bernie decides to come clean about other cases.