Berger prompts me to give background information on Jay Talley, how we met and became intimate in Paris. Woven into Berger’s prompting and conclusions are the seemingly inexplicable events that transpired after Chandonne attacked me: the disappearance of the chipping hammer I had bought for research purposes; the key to my house found in Mitch Bar- bosa’s pocketan undercover FBI agent who was tortured and murdered and whom I had never even met. Berger asks if Jay was ever inside my house, and of course, he was. So he would have had access to a key and the burglar alarm code. He would have had access to evidence. Yes, I confirm.
And it would have been in Jay Talley’s best interest to frame me and confuse the issue of his brother’s guilt, right? Berger stops pacing again, fixing those eyes on me. I am not sure I can answer the question. She moves on. When he attacked me in the motel room and gagged me, I scratched his arms, didn’t I?
“I know I struggled with him,” I reply. “And after it was over, I had blood under my fingernails. And skin.”
“Not your skin? Did you perhaps scratch yourself during the struggle?”
“No.”
She goes back to her table and shuffles through paperwork for another lab analysis report. Buford Righter is turned to slate, sitting rigidly, tensely. DNA done on my fingernail scrapings doesn’t match my DNA. It does match the DNA of the person who ejaculated inside Susan Pless’s vagina. “And that would have been Jay Talley,” Berger says, nodding, pacing again. “So we have a federal law enforcement officer who had sex with a woman right before she was brutally murdered. This man’s DNA also so closely resembles Jean-Baptiste Chandonne’s DNA that we can conclude almost with certainty that Jay Talley is a close relative, most likely a sibling of Jean-Baptiste Chandonne.” She walks a few steps, a finger on her lips. “We do know Jay Talley’s real name isn’t Jay Talley. He is a living lie. He beat you, Dr. Scarpetta?”
“Yes. He struck my face.”
“He tied you to the bed and apparently intended to torture you with a heat gun?”
“That was my impression.”
“He ordered you to undress, he bound and gagged you, and clearly was going to kill you?”
“Yes. He made it clear he was going to kill me.”
“Why didn’t he, Dr. Scarpetta?” Berger says this as if she doesn’t believe me. But it is an act. She believes me. I know she does.
I look at the juror who reminds me of my mother. I explain that I was having a terribly hard time breathing after Jay tied me up and gagged me. I was panicking and began to hyperventilate, which means, I explain, that I was taking such rapid, shallow breaths, I couldn’t get sufficient oxygen. My nose was bleeding and swelling and the gag prevented me from breathing out of my mouth. I went unconscious and when I came to, Lucy was in the room. I was untied, the gag removed, and Jay Talley and Bev Kiffin were gone.
“Now we’ve already heard Lucy’s testimony,” Berger says, pensively moving toward the jury box. “So we know from her testimony what happened after you passed out. What did she tell you when you came to, Dr. Scarpetta?” In a trial, for me to say what Lucy said would constitute hearsay. Again, Berger can get away with almost anything in this uniquely private proceeding.
“She told me she’d worn a bulletproof vest, uh, body armor,” I answer the question. “Lucy said there was some conversation in the room….”
“Between Lucy and Bev Kiffin,” Berger clarifies.
“Yes. Lucy said she was against the wall and Bev Kiffin had the shotgun pointed at her. And she fired it and Lucy’s vest absorbed the shot, and although she was badly bruised, she was all right, and she grabbed the shotgun away from Mrs. Kiffin and ran from the room.”
“Because her primary concern at this point was you. She didn’t stick around to subdue Bev Kiffin because Lucy’s priority was you.”
“Yes. She told me she started kicking doors. She didn’t know which room I was in, so then she ran around to the back of the motel because there are windows in back overlooking the pool. She found my room, saw me on the bed and broke