Free Violent Crimes by Phillip Margolin Page B

holding several documents.
    â€œI’m handing the witness defense exhibit 4, a police report concerning the fight at the Lookout tavern. What was the date that the fight occurred, Detective Hotchkiss?”
    â€œJune sixth.”
    â€œAnd you knew that because you were heavily involved in investigating the case?”
    Hotchkiss didn’t answer.
    â€œWell, Detective?”
    â€œI did know the date of the fight.”
    â€œMr. Beatty arrived at the tavern on June sixth around five p.m. and was arrested there and transported to jail, where he spent the night?”
    â€œYes.”
    â€œI’m handing Detective Hotchkiss defense exhibit seven, a copy of the affidavit in support of the search warrant that was issued for Mr. Beatty’s house,” Amanda said. “Please read it, Detective.”
    Amanda waited until Hotchkiss was through.
    â€œIn the affidavit, what dates and at what times does Carol White claim she bought heroin from Mr. Beatty.”
    Hotchkiss stared at the affidavit. When he answered, there was a slight tremor in his voice.
    â€œShe said that she bought heroin from Mr. Beatty after dark on the evenings of May ninth, May seventeenth, June sixth, and July fifth.”
    â€œIs it dark in early June at five p.m.?”
    â€œNo.”
    â€œYou knew that Mr. Beatty arrived at the Lookout tavern around five p.m. on June sixth, did you not?”
    â€œYes.”
    â€œAnd he was in the tavern or in jail after five p.m. on the evening of June sixth, wasn’t he?”
    â€œYes,” Hotchkiss answered grudgingly.
    â€œWhen you were standing on Mr. Beatty’s front porch just before the police entered his home, Officer Harold Fernandez was standing between you and Detective Nowicki, was he not?”
    â€œYes.”
    â€œOfficer Fernandez testified under oath that you told the detective that there was something wrong with a date in the affidavit. What did you mean by that?”
    Hotchkiss cast a quick look at Larry Frederick.
    â€œThe district attorney can’t help you, Detective,” Amanda said.
    Judge Chang leaned forward and gazed at the witness intently.
    â€œWhen you saw Carol White’s claim that she had purchased heroin from Mr. Beatty after dark on the evening of June sixth, you knew that could not be true, didn’t you?” Amanda said.
    â€œI . . . I did have some concerns.”
    â€œWere you sufficiently concerned to tell Detective Nowicki, as Officer Fernandez testified, that there was a problem with a date in the affidavit?”
    â€œI . . .” Hotchkiss looked grim. “Yes.”
    â€œAnd this information was known to you after the warrant was issued and before entry was made?”
    â€œYes.”
    â€œNo further questions.”
    Judge Chang looked concerned. “Any cross, Mr. Frederick?”
    The prosecutor looked upset. “May I have a brief recess, Your Honor. This line of questioning has come as a surprise.”
    â€œI’d object to any recess,” Amanda said.
    â€œThis is very disturbing, Mr. Frederick,” Judge Chang said.
    â€œI don’t see how it has any bearing on the validity of thesearch,” Frederick said, but it was obvious that he was flailing around.
    â€œTo the contrary,” Amanda answered. “This is a clear case for a shadow challenge.”
    Judge Chang’s brow furrowed. “I’m not familiar with that term, Miss Jaffe.”
    â€œThat’s probably because an opportunity for this type of challenge to a search rarely presents itself. The term comes from a poem by T. S. Eliot. ‘Between the idea and the reality, between the motion and the act, falls the shadow.’
    â€œLet’s assume that the police get a search warrant that’s completely bulletproof; there’s clear probable cause stated in the affidavit. Then between obtaining the warrant and executing it the police learn something that undermines probable cause. An easy