The Perfect Alibi (Robin Lockwood #2)(52)

“Yeah. There’s a guy I know at Reed College. He needs to look at the source code for the software to see if it’s been rigorously tested, validated, or verified using current software engineering practices. If it hasn’t been, we can move to exclude the evidence. But I think it’s a long shot given the number of courts that have accepted the use of the method.”

“You said you had interesting information. What you’ve said would be interesting if I were prosecuting Doug.”

“Sorry. There is something else. Nilson Forensics is the lab that did the analysis. The report Kellerman gave you in discovery was one page and didn’t include any of the raw data about the tests Nilson conducted. I called the lab and spoke to Dr. Nilson. He sounded very nervous, and he told me he couldn’t talk about the test without Kellerman’s permission. I told him he didn’t need the DA’s permission, but he still refused to talk to me. So, I drove over to the lab to see if my incredible charm would melt his resistance.”

“Did it?”

“His secretary told him I was in the waiting room, and he came out. I told him I wanted to see the raw data and the source code for the software. He refused. He said the source code is a trade secret.” Jeff paused for emphasis. “Robin, he sounded scared.”

“Can you think of any reason why he should be?”

“Maybe there’s something about the test he doesn’t want us to know.”

“I’m going to move for discovery of the source code and the raw data that was used to determine that the blood under Nylander’s fingernails was Doug’s. Once we get it, we can try to see if there’s a reason Dr. Nilson is scared.”





CHAPTER FORTY-TWO


Robin was shocked by Marsha Armstrong’s appearance when Doug’s wife walked into her office. Marsha’s eyes were red from crying, she’d lost weight, and it looked like she’d thrown on her clothes without any thought as to how they would look.

“Why are you here, Marsha?” Robin asked, not trying to hide her concern.

“I was just at the jail. Doug told me that they’re going to say that the blood under Frank’s fingernails is his. How bad is that for Doug’s case?”

“It doesn’t kill us. I may have a witness who will testify that there are flaws in the method that was used to make the match. I can argue to the jury that the results are unreliable.”

“But the district attorney will argue they’re not, and the jury might believe Doug was in a fight with Frank?”

“That’s possible.”

“And Doug won’t be able to say anything, because he has amnesia.”

“Yes.”

Marsha looked at her lap. When she spoke, Robin had a hard time hearing what she said, and she asked her to repeat it. Marsha looked up. There were tears in her eyes. “I did something terrible,” she said. “It’s why Rex Kellerman is trying to send Doug to prison.”

Robin was confused. “I don’t understand.”

“I cheated on Doug with Rex.”

“You what!?”

“I miscarried and I was depressed and Rex acted like he cared, but he didn’t.”

“Slow down and tell me what happened,” Robin said.

Marsha told Robin about her miscarriage, her depression, and her brief affair with Doug’s prosecutor.

“When I came to my senses, I realized that I’d made a big mistake and I broke it off. Rex didn’t take it well. He was really angry, and I think he’s going after Doug to get even with me.”

“Jesus. Why did you wait to tell this to me?”

“I couldn’t before. I thought this was all a mistake and you’d get Doug out and he wouldn’t have to know. Even after he was denied bail, I kept fooling myself because I couldn’t bear to hurt Doug. And I know this could kill him. But now he might really die and … Will this help? Can you use it against Rex?”

“I’m going to have to think about what you’ve told me. One thing is certain: Rex Kellerman has a big fat conflict of interest. The question is how to exploit it.”



* * *



“You’re kidding!” Jeff said.

They were in his office with the door closed, and Robin had just finished telling him about Marsha’s affair.

“Interesting, huh?”

“Did you take a class in understatement at Yale?”

“What do you think I should do?”

“If Marsha isn’t making this up to help Doug…”

“I don’t think she is. You should have seen her. She was in tears and she looked awful.”

Jeff grinned. “Rex is definitely fucked whether Doug is guilty or innocent.”

Robin nodded. “This screams prosecutorial misconduct. No one but Rex was pushing the theory that Doug killed Nylander.”

“Get me photos of Marsha and Rex,” Jeff said. “I’ll go to the hotel in Vancouver.”

“If you can find evidence to back up Marsha’s claim, I’ll move to have the case dismissed.”

Jeff shook his head. “Don’t go to the judge. Set up a meeting with Paul Getty. If you work this out privately, Getty can say they’ve reevaluated the DNA evidence or give some other excuse for dismissing. That way Marsha can decide whether she wants to tell Armstrong about her affair and Paul can save face by dismissing without embarrassing his office.”