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trial judge. By that time, though, he would have to decide if he really wanted separate trials or would prefer for the judge to turn him down. There was a way to argue forcefully, after all, and a way to just go through the motions. Besides which, if his motion was turned down and they were forced to defend against all the charges in front of a single jury, and convictions resulted on all counts—as they almost surely would—the issue would have been preserved, and the judgment might well be reversed on appeal. Then, with retrials ordered, they would get a second bite at the apple—or four or five bites, to be more accurate.
    The phone rang. It was John McCarthy, calling with the initial results of some legwork. By checking NYPD and Housing Authority records, he’d confirmed that a fifth victim, Maria Sanchez, had been attacked. But she’d been only fourteen, and her parents had refused to let her view photos, testify at the grand jury or otherwise cooperate with the investigation. About all McCarthy had been able to find out about her was that she’d lied about her age toher attacker, telling him she was only twelve, and he’d let her go. McCarthy had also gotten hold of the various descriptions of the perpetrator given by the victims following the attacks. To McCarthy, it seemed there were more than the usual discrepancies that invariably arose. All the victims had described a man slightly heavier and a bit older-looking than the twenty-two-year-old Darren. And although all of them had reported things the attacker had said to them, none of the reports included any mention of a stutter. He was anxious to take a shot at interviewing the victims himself.
    Jaywalker thought about it, but only for a moment. “No,” he said. “I want you to hold off. I want Pope’s answer on the polygraph first.”
    â€œThese witnesses don’t belong to him, you know.”
    It was true. Despite the common perception that someone is a prosecution witness or a defense witness, those labels only attach at trial and are determined by which side calls the individual to the stand. Unlike expert or character witnesses, “fact witnesses,” as they’re called, are the exclusive province of neither side; their only allegiance is to the facts themselves. Or so the theory goes.
    â€œYou’re right,” Jaywalker told McCarthy. “But I can’t afford to make waves right now. You reach out to the victims, the first thing they’re going to do is pick up the phone and call Pope or Rendell. They may even have been instructed to do so. That could sour Pope on the polygraph. And the way I look at it, John, that little black box may be the only real chance this kid has. So I need you to hold off for now.”
    â€œHey,” said McCarthy, “it’s your show, Jay.”
    They went over a few other things before hanging up.McCarthy was right on both counts, Jaywalker knew. They needed to interview the victims, and it was Jaywalker’s show. And when it came down to the tough calls, he had to make them and hope he was right. On this one, he had to play it safe.
    Which didn’t stop him from wondering if maybe his biggest mistake hadn’t been deciding against becoming a doctor.
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    October came. The motions Jaywalker had made and Pope had opposed were formally submitted to the Part 12 judge for consideration, a process that would take several weeks. This was a bail case, after all, and there was no particular urgency on anyone’s part to put it on a fast track. The fact that there were motions outstanding meant they would be looking at another postponement on the next date, as well, the 18th.
    Again Jaywalker played catch-up with the rest of his cases, and reintroduced himself to his wife and daughter. They made it to a museum and a movie, and he even created a pizza from scratch, managing not to burn the bottom of the crust too badly. They paid a visit to a