“No.”
“The only proof of Vadim Kryukov’s involvement, then, is his fingerprint on this one bag?”
Barnes hesitated. “The only proof of his involvement in the drop, yes. But there is other evidence tying him to the case.”
“So no one watched him put the baggie in the drop?”
“No.”
“Is Vadim Kryukov a known cocaine dealer?”
“He is.”
“To a group of Russians, a select group of individuals, mostly tied to Russian organized crime rings and nightclubs, correct?”
“Yes.”
“And, as a dealer, his fingerprints would necessarily be on all the baggies he dealt?”
“That would be a fair assumption to make.”
“So, isn’t it possible, then, that my client could have been framed? The baggie could have been placed by anyone into the drop.”
“Objection!” Ballard scowled. “Speculation, and calls for a legal conclusion. Agent Barnes is not here to present the defense’s wild conspiracy case.”
“Your Honor, Agent Barnes is a recognized investigative expert. His testimony is crucial to establishing the facts of this case. As an expert in the case, he should have ruled out all possible lines of inquiry. My line of questioning is not a ‘wild conspiracy theory’, but an exploration of the prosecution’s own case. Is this possible, and has the investigative team ruled this out?”
Ballard silently fumed. He kept staring over Tom’s shoulder, his glare burning into the Seal of the United States.
Dylan, look at me. Give me something to work with.
“Overruled.” Tom’s gut clenched as Ballard’s lips twisted, an almost-curse breathed out as he sat. “Please answer the question, Agent Barnes.”
Barnes scowled. He refused to look at Tom. “There were no other fingerprints on the baggie. If another person had placed it there, their fingerprints should also be present.”
“That is not the question I asked, Agent Barnes. Please. Is it possible that another person placed the baggie in the drop, incriminating Vadim Kryukov?”
Silence. “It is possible, though extremely unlikely,” Barnes finally said.
“It is possible.” Renner smiled, and before Ballard could object, he said, “No further questions.”
“Redirect.” Ballard strode around his table, facing Barnes, but allowing the jury to gaze on their favorite witness again. Perhaps not the golden boy from before Renner’s cross-examination, though. A few jurors wore deep frowns.
“Both Desheriyev and Vadim were cocaine users, correct?”
“Both men’s blood tested positive for cocaine use. That’s a fair assumption to make.”
“In your professional experience, Agent Barnes, are drug users reliable people?”
“Not always.”
“Do they make decisions that are in their own personal best interest?”
“No.”
“A drug user leaving his fingerprints on a baggie of cocaine, while covering up all other aspects of their crime, would be par for the course for a drug user and/or dealer?”
“It absolutely could be. An experienced drug dealer might not even think of the fingerprints in the context of the larger crime, especially if he has a routine to his dealings.”