“Ultimately, Marshall got around six years in federal prison, because he was a repeat offender,” I say. “He ended up getting into some trouble while in prison and received additional time. But the initial six years, they came from the confession we took. From the confession I took.”

“And when did he leave prison, if you know?”

“He left in January of this year. He moved back to the city. And according to the police, he was responsible for the murder of five women in this city this past summer.”

“The murder of five women?” Bradley asks.

“That’s right,” I say. “Marshall Rivers was the man the media has called the North Side Slasher.”

96.

Shauna

Some of the spectators didn’t immediately place the name Marshall Rivers, but all of them have heard of the North Side Slasher. The judge gavels loudly, but it takes her a couple of times to establish order. These are small courtrooms, and when it gets loud, it gets loud. The criminal courts, I’ve come to learn, are a lot rowdier than the civil courtrooms where I typically roam.

The north side murders were officially “solved”—if that’s the right word—one week after Alexa was killed. I remember seeing the Wednesday, August 7, edition of the Herald in a grocery store, the headline “We Got Our Guy” above a photograph of the mayor, the police superintendent, and several police detectives gathered at a news conference. Word had leaked over the previous weekend that the police believed they had broken the case, but it wasn’t until the following week that the rumors were made official.

“He was your client, Jason?” asks Bradley John.

Jason lets out a chuckle of bemusement. “Yes. I mean, under an assumed name, and wearing a disguise. He never told me he was going to kill anybody, nor did he outright admit he had killed anybody. And he never gave me his real name or showed me his real face.”

Technically, explaining what a client didn’t tell you isn’t a breach of the attorney-client privilege. But Jason’s getting in the vicinity of being too cute.

“So yes, he was my client, but he was also a mystery to me. I think he blamed me for his time inside and he wanted me to know that he was killing people, and there was nothing I could do about it, because of the privilege. He wanted to torture me. And it worked.”

“Jason, are you certain that the man who came to your office was Marshall Rivers, wearing a disguise?”

“I am,” says Jason. “I’ve seen many photos of him in the newspaper since he was found dead. Put a red wig on him and one of those fake fat suits for a belly and it works.”

Roger Ogren is not having a good half hour. He would have the typical anxiety of any prosecutor when the defendant takes the stand, having no idea what he’ll say and expecting to have to audible a cross-examination. Roger’s done that many times. And I assume he would regard Jason, his former colleague, as something other than your ordinary defendant, so he knew this might be a rough one for him. But surely he didn’t expect this.

He probably assumes we have a lot more evidence to put in, more witnesses to call, additional facts to bolster our theory. So this final question-and-answer may be a pleasant surprise to him.

“Jason,” Bradley asks, “do you know for a fact that Marshall Rivers killed Alexa Himmel?”

“No,” he answers. “I would have no way of knowing for certain. I was arrested only hours after Alexa was murdered, and I’ve been locked up since then.”

Bradley John looks over at Roger Ogren, then at the judge.

“No further questions,” he says.

97.

Shauna

“So when did you discover all this information about Marshall Rivers?” Roger Ogren says to me as we head into chambers after the completion of Jason’s direct examination. “Before the arraignment? Before the prelim? Six goddamn months ago?”

“Children, children.” Judge Bialek makes a calming gesture with her hands.

“Mr. Ogren’s upset, Your Honor,” I tell her. “His case is falling apart.”

The judge, already out of the black robe she detests, looks over her glasses at me with disapproval. And maybe disagreement, too. There was some sizzle this afternoon with the cameo appearance of the North Side Slasher, but no steak: At the end of the day, we have put on no concrete proof that Marshall Rivers played the part of James Drinker in Jason’s office, and we have absolutely no proof whatsoever that Marshall Rivers killed Alexa Himmel.

“Mr. Ogren,” she says, taking a seat and folding her hands. “I think the answer is probably that the defense did have this information long ago, but Ms. Tasker wanted to surprise you with it. She didn’t want you to have time with it, to play with it, to investigate it, to refute it. She wanted to spring it on you so you’d be caught flat-footed in the middle of trial without any time to respond.”

“I think you’re absolutely right, Judge,” Ogren agrees.

“The problem for you, as you well know, is that she’s perfectly entitled to do that very thing. She hasn’t violated any discovery rule that I’m aware of. She’s not trying to introduce a piece of evidence that she didn’t disclose. And there’s no affirmative defense for Someone else killed her, not me, so she didn’t have to disclose that, either. And I’m going to guess that there’s a reason that Ms. Tasker put the entire roster of Area Three detectives on her witness list. I’m going to guess that Area Three handled both Ms. Himmel’s case and the north side murders?”

“Indeed, they did,” I say, without a smirk.

“Mr. Ogren, I think you’ve had your pocket picked fair and square.”

He shakes his head, bemused. “I need a continuance, Judge.”

“Well, I’m not going to give you one. I have Mr. Kolarich’s cross-examination scheduled for completion tomorrow.”

“I need more time.” Ogren’s tone is defiant, not pleading. “In the interests of justice, I need more time.”

The judge pauses, purses her lips, thinks about it. “Ms. Tasker, who else are you planning on calling?”

“Our next witness will be Detective Vance Austin, the lead investigator on the north side murders.”

The judge nods. “Is that all?”

“It depends on what he knows, Judge. But that’s my current plan.”

“All right. Good enough. Mr. Ogren, when the defense rests, which could be . . . Monday or Tuesday?” She looks at me for confirmation; I shrug. “Whenever that happens, I’ll hear any request you may have on a continuance before you put on your rebuttal case. But Mr. Ogren, hear me and hear me well: Don’t be optimistic. I would strongly advise you to put your Area Three detectives to good use between now and Monday.”

“I understand, Judge.”

“Cross-examination tomorrow morning at nine,” the judge says. “That’s all.”

PEOPLE VS. JASON KOLARICH

TRIAL, DAY 5

Friday, December 13