"Murder. You should have charged the defendant with murder."

"He didn't kill anyone, Your Honor." Not yet. Not that I could prove.

"Juries like murder, Ms. Cooper. You should know that better than I do." Harlan Moffett read the indictment a second time as court officers herded sixty prospective jurors into the small courtroom. "Give these amateurs a dead body, a medical examiner who can tell them the knife wound in the back wasn't self-inflicted, a perp who was somewhere near the island of Manhattan when the crime occurred, and I guarantee you a conviction. This stuff you keep bringing me?"

Moffett underscored each of the charges with his red fountain pen. Next to the block letters of the defendant's name in the document's heading, People of the State of New York Against Andrew Tripping, he sketched the stick figure of a man hanging from the crosspiece of a gallows.

My adversary had been pleased when the case was sent out to Moffett for trial earlier in the afternoon. As tough as the old-timer was on homicide cases, he had been appointed to the bench thirty years ago, when the laws made it virtually impossible to take rape cases before a jury. No witness to the attack, no corroborating evidence, then there could be no prosecution. He clearly liked it better that way.

We both stood on the raised platform directly in front of Moffett, answering his questions about the matter for which we were about to select a panel. I was trying to divine my prospects as I watched the notations he was making on the face of the indictment I had handed up to him.

"You're right, Judge." Peter Robelon smiled as Moffett scribbled out the image of the doomed man on the gallows. "Alex has the classic 'he said-she said' situation here. She's got no physical evidence, no forensics."

"Would you mind keeping your voice down, Peter?" I couldn't direct the judge to lower his volume, but maybe he'd get my point. Robelon knew the acoustics in the room as well as I did, and was keenly aware that the twelve people being seated in the box could overhear him as the three of us talked about the facts and issues in the case.