Witness for the Defense by Michael C. Eberhardt Page B

everything, to make some sense out of what was happening. “Go on.”
    Patterson’s gaze settled on the top of his desk, as if he was embarrassed by what he was about to say. “I promise if you pass the polygraph, I will close the file and you can get back to work.”
    The room was silent while everyone absorbed what he was saying. “And,” he said in an assuring tone, “I will forward the results to the state bar so they’ll get off your back.”
    “And?” I said.
    Patterson smiled. “And the examiner will not ask you any further questions if you fail to pass it.”
    “What do we have to lose?” Sarah whispered.
    I sat motionless, staring at Patterson. “Do you want to tell her what I have to lose, or do you want me to?”
    Patterson looked over at Ogden and shook his head. Their little ploy wasn’t working.
    “Why don’t we quit playing games?” I said. “You want me to enter into an agreement that if I pass the test, that will be the end of it, right?”
    “That’s correct.”
    “What happens if I don’t pass?”
    Patterson squirmed in his chair. His face said it all.
    “I’ll tell you what,” I said to Sarah. “They want a stipulation that if the machine shows I’m deceptive, they can use it in court against me.”
    Sarah stiffened, caught off guard. “There isn’t a court in this state that would allow the results of a polygraph exam into evidence,” she protested.
    “Normally you’d be right,” I said, scowling at Patterson. “But there’s this game the San Francisco D.A.’s office has been playing for a few years now. Do you want to tell her about it, Mike?”
    Patterson shrugged. “It’s authorized by statute.”
    Sarah folded her arms across her chest. “What is?”
    “Evidence code section 351.1 permits the results of a polygraph to be admitted into evidence as long as the parties stipulate to it,” I explained.
    Sarah’s voice was cold. “Who would ever agree to that?”
    “Anyone whom the D.A. convinces that it’s the only way they can resolve the matter short of filing charges. Either you agree to it or they arrest you and get as high a bail as possible.”
    Patterson shrugged again. “It’s entirely their choice.”
    “It’s blackmail is what it is,” Sarah said, louder than anyone expected. “Are you telling me that’s what you want Hunter to agree to?”
    Patterson nodded. “That’s correct.”
    “You want us to agree to that, knowing how unreliable the polygraph is?”
    “My office doesn’t feel it’s unreliable.”
    “Well, I do,” Sarah exclaimed, then paused to lower her voice. “What you’re suggesting is totally unacceptable.”
    “Wait a minute,” I said and turned to Ogden. I was going to see once and for all whose side he was on. “What do you think?”
    He shifted nervously, looking at Patterson. He finally met my gaze. “Under the circumstances, I really don’t feel the polygraph would be in your best interest.”
    Thank God. I knew we’d had our problems in the past and I wasn’t the easiest guy to get along with, but I’d always given him my best and I was thankful to see he felt some loyalty to me.
    The D. A. sat back into his big leather chair. “Then you’re declining my offer?”
    There was stone silence. Patterson’s eyes and mine were locked, waiting to see who would be the first to blink.
    “Not really,” I finally said. Sarah and Ogden both jerked their heads at each other and then at me.
    “What are you saying?” Sarah snapped.
    “I’ll take a polygraph.”
    Patterson leaned forward in anticipation. “And if you fail, you’ll stipulate the results can be used in court?”
    “Sure.”
    Sarah gave Patterson a look like, He’s such a jokester. “I need to talk to Mr. Dobbs in private,” she said.
    “No need,” I said and propped my elbows on Patterson’s desk. Our faces were only a foot apart as I went on. “As long as the polygraph examiner is not on the county’s payroll.”
    “A private