'Overruled. Answer the question, Sheriff Roberts,' the judge said.
'How the hell should I know?' he replied.
After a ten-minute recess, I called Mary Beth to the stand. The windows were raised halfway; rain dripped from the trees out on the lawn and a fine mist floated through the window screens. Mary Beth wore little makeup and sat erect in the witness chair, her hands folded.
'You were the second deputy to arrive at the picnic ground?' I asked.
'Yes, that's correct.'
'You saw Hugo Roberts pick up a number of bottles and cans from the area around Lucas Smothers's truck?'
'Yes, sir.'
'How many cans and bottles would you say he recovered?'
'Maybe a couple of dozen,' Mary Beth replied.
'Objection, relevance, your honor. This beer can stuff is a red herring. A thousand fingerprints on other cans or bottles doesn't put anybody else at the crime scene when the assault was committed,' Marvin said.
'I was trying to point out that Hugo Roberts and others either lost or deliberately destroyed exculpatory evidence,' I said.
'Approach,' the judge said. She leaned forward on her forearms, her hand covering the microphone. 'What's going on here, Mr Pomroy?'
'Nothing, your honor. That's the point. Mr Holland is trying to distract and confuse the jury.'
'Destroyed evidence, whether or not of probative value, still indicates conspiracy, your honor,' I said.
'What's your explanation, Mr Pomroy?' she said.
'Incompetence has never precluded membership in the sheriff's department,' he replied.
'That's not adequate, sir. You're too good a prosecutor to let some redneck bozos jerk you around. You'd better get your act together. Don't be mistaken, either. This isn't over. I'll see you later in chambers… Step back,' she said.
Flowers for Stonewall Judy, I thought.
Then Marvin began his cross-examination of Mary Beth.
'Who's your employer, Ms Sweeney?' he asked.
'The Drug Enforcement Administration.'
'The DEA?'
'Yes.'
'Were you employed by the DEA while you were working as a deputy sheriff in this county?'
'Yes.'
'Did you tell anyone that?'
'No.'
'Did you lie about your background when you went to work for the department?'
'Technically, yes.'
'Technically? In other words, you came here as a spy, a federal informer of some kind, and lied about what you were doing. But you're not lying to us now? Is that correct?' Marvin said.