Hostile Witness

CHAPTER 14

CHAPTER 14

"Mr. Keenan, you testified that there were pools of flammable liquid found in the crevices of the concrete floor on the ground level. Would you consider that unusual given the inventory you noted in that room?"

"The concentration of the fluid was unusual," the witness answered.

"But the room was used as an art studio. Would it be unusual to find turpentine in a studio?"

"No."

"I wouldn't think so either, Mr. Keenan." Josie smiled, happy that they could instantly agree with one another. "In fact, you referred to the pooling of turpentine as a spill. Would you say it was unthinkable for an artist to accidentally spill turpentine in the course of completing a project?"

"No, it's not unthinkable but. . ."

Josie turned back to him, all business, non-threatening. She was simply intellectually curious, a direct contrast to Rudy's more affable style.

"So it is possible that in a studio, anyone going about the business of creating art could have accidentally spilled turpentine in that particular area."

"Yes."

"And even if the artist wiped it up, it would be impossible to see the liquid pooling in the cracks and crevices of the floor. Yes or no."

"Yes," the witness answered, chaffing against the restraint of a one-word answer.

"Thank you, Mr. Keenan. Now, can you tell me what overlap is?" Josie changed tracks effortlessly. Let Rudy use the dirty tricks; she would use finesse.

"Overlap is a phenomenon by which a fire burning on one floor licks up to the floor above it and ignites a separate fire."

"During stage two when the fire is free burning, is it possible for a fire to spread by flashover, Mr. Keenan?" Josie asked.

"Yes."

"How about spontaneous ignition?"

"Yes, in certain condit-"

"Convection?"

Josie questioned without defining terms. The rhythm made the words frightening, mysterious and important. She felt swept along with the tempo of the moment. It was a good feeling.

"Yes."

"Pyrolysis?"

"Possible."

"Could a fire spread vertically?"

Keenan raised his hand slightly in exasperation.

"Yes, it could spread up stairwells or pipe shafts. But in this case. . ."

Josie interrupted, turning toward his sketch of the crime scene.

"What is this area indicated on your sketch of the scene?" Josie pointed to a green box.

"That is a dumb waiter."

"A dumb waiter is a hollow shaft between the first floor and the second floor of that wing, isn't it Mr. Keenan? And the inside of this dumb waiter was charred wasn't it, Mr. Keenan?"

"Yes."

"Consistent with highly accelerated vertical travel of the fire?"

"Yes."

"And this stairwell, Mr. Keenan?" Josie pointed to a rectangular area. "Another vertical path upon which the fire from the first floor could travel?"

"Yes, but that doesn't take into consideration the flash point of the fire upstairs."

Josie lips twitched. She barely took a breath.

"Mr. Keenan, can you tell us when the accelerant was spilled upstairs?"

"Considering the burn patterns, the rate of vaporization of the accelerants, the amount of accelerant left in the carpet samples the spill happened within minutes of being ignited."

"And how was the fire initiated?" Josie asked, leaning toward him as if she was hanging on his every word.

"We found matches on the ground floor. We're still testing debris on the second floor."

Josie walked slowly toward the jury. She stood close as if she was part of them, as if they were a team. Her skepticism radiated outward, engulfing them.

"Mr. Keenan, can you tell us who used that match to set the fire downstairs?"

"No, I cannot."

"Could you tell if the match was dropped by someone? A smoker? Someone lighting a candle?"

"I don't think that is probable."

"But is it possible?" Josie prodded.

"It is possible, but not probable."

"But it is possible," Josie insisted.

"Yes," Keenan acquiesced, his face coloring.

Josie nodded thoughtfully. She began to walk toward Hannah. She was almost at the table, almost by her client's side, when suddenly she looked over her shoulder, held up a finger as if remembering something important.

"Mr. Keenan? How long have you been an arson inspector?"

If looks could kill, Josie would have been incinerated where she stood.

"Six months," he answered.

"That long?" Josie drawled.

"And how many arson investigations have you conducted?"

"Two," he said quietly.

"Including the Rayburn fire?" she asked.

"Objection, Your Honor!" Rudy had finally had enough. "The defense stipulated to his expert status before he took the stand. She has nothing to gain by trying to insult this witness."

"Withdrawn," Josie said quietly, confidently, her point well taken.

Rudy stood up without an invitation to redirect. He didn't button his coat. Instead, he stuffed one hand in his pocket and ran his other through his hair.

"Mr. Keenan, have you completed all the necessary training an arson investigator needs to be qualified in the State of California?"

"I was top of my class."

"And what did you do before you became an arson investigator?"

"I was a firefighter for fifteen years."

"And could you tell the court why you are no longer a firefighter?"

"I lost my leg when I fell through the roof of a burning building while attempting to rescue a woman on the second floor."

Rudy dismissed Chris Keenan, keeping his eyes on Josie as he walked back to his table. Disgust radiated from him. Josie's eyes locked with his. She had nothing to be ashamed of. He would have ripped Chris Keenan to shreds if he'd been in her shoes. He just would have done it with a smile.

"I have no more questions for this very expert witness, Your Honor."

"Then this seems to be a good time to break for lunch."

Judge Norris ended the opening skirmish. Rudy Klein left the courtroom, Linda and Hannah walked out after the spectators. Josie sat for a minute, looking at the bench and the witness stand. The muscles in her body had been locked since the proceedings began and now, suddenly, she realized they had miraculously relaxed. Josie laughed a little and shook her head. She was still standing.

Josie got up and rapped the wooden table for luck and turned around in the silent courtroom, turned around and found that she wasn't quite alone after all. She walked down the center aisle, stopping when she reached the last pew.