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Sure. In my file cabinet at home. All of it is in the paperwork for the custody hearing I went to. I went through all that trouble, but she didn’t even fight for custody. Can you imagine? A mother not wanting her own kid?Okay, John. That’s all for now. I may need to speak to you again later, Sara said, nodding to the Deputy to return John Spencer to his cell. I didn’t kill my baby, he said as he stood, the tears flowing again. But I should have protected her better, so it’s okay that I’m here. I deserve to be here for not protecting my baby. Spencer hung his head and shuffled out beside the Deputy.
It’s entirely possible that he didn’t kill her, Sara said evenly, sitting stiffly in Grissom’s office. Catherine worked to suppress a smile, but Grissom made no effort to suppress his shock.
Based on what evidence? he demanded.
Sara presented him with several folders. I retrieved these from John Spencer’s file cabinet. His ex-wife was abusive to the child and was denied custody on those grounds. She didn’t put up any defense.
That doesn’t prove she killed her, Grissom argued.
The next folder contains letters his ex has been sending the past few years. They become progressively violent and threatening in character.
Circumstantial. None of these specifically threatened the child.
I don’t think the evidence clearly establishes his guilt, Sara stated flatly.
Do either of you remember what we do here? Grissom asked tersely. We gather evidence – not opinions. Show me some evidence tying this woman to the crime, and I’ll hunt her down myself.
The fingerprints on the knife are all wrong, Sara continued, ignoring his outburst. She was lying on the bed on her left side when she was attacked, as evidenced by the blood flow down the left side of her gown and the pool on the sheet. That meant the attacker had to hold the knife with the butt up and the blade down, in an overhanded grip. The thumb print should be on the butt end. But it’s not. It’s on the blade end. Like someone would grasp it to pull it out of Melanie.
Where’s the case file? Grissom asked, taking it abruptly from Sara’s hand. He pulled out the pictures and looked at the bloodstain evidence on the clothes and the sheets. He re-read Jacqui’s report. Sitting back in his chair, Grissom sighed.
It’s not enough, he finally said.
What do you mean, ‘not enough’? Catherine shouted.
Grissom held up a quieting hand, not wanting this meeting to degenerate into a screaming match like the last one.
I meant exactly what I said. All the physical evidence, other than the fingerprint position, still points to the father. And the fingerprint evidence isn’t exclusionary. It is not impossible to hold the knife the other way to stab her. It may be awkward, but not impossible.
Sara sat pensively. While she sympathized with Catherine, she understood Grissom’s position, though she was loathe to admit it.
What about a polygraph? Sara asked.
Even if he passes, there’s still the problem of the physical evidence, he answered tiredly.
Just what will it take to convince you? Catherine demanded.
It isn’t me who needs to be convinced, Catherine. That’s what you’re not getting. It doesn’t matter what I believe – it only matters what the jury will believe, based on the evidence.
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