
In a deposition, the deposing attorney-for Warren it would have been Pearsall or another Heilburn, Hardy lawyer-gets to ask the witness anything he wants. If, on questioning, Warren said something that hurt Vaxtek's position, the deposition transcript would be there to warn the lawyer against asking the same question at trial. However, if Warren said something that was favorable to Vaxtek and later contradicted herself at trial, Vaxtek could introduce the deposition transcript to impeach her testimony. Otherwise, no member of the jury would ever get to see the deposition. From Vaxtek's viewpoint deposing Warren was a no-lose proposition. Why, then, hadn't its lawyer done so?
“So there's no record of her story?”
“I think she talked to one of the newspapers, maybe the Chronicle, but after St. Gall dropped her, there wasn't a story.” Palmieri tilted his chair back from the table and closed his eyes. “No deposition, either.”
“Do you know how we can reach her?”
Palmieri was looking at him again, but made no effort to hide how boring he found this. “I think St. Gall fired her right after they cut her from the witness list.”
“You'd think Pearsall would want to get her story down, for the record. She could still turn out to be a problem for us.”
Palmieri flushed. He half rose and leaned over the table. “Warren was St. Gall's witness, not ours.” For the first time, he looked squarely at Seeley. “Bob never missed an angle that mattered.”
“I'm not saying he did. He may have been planning to depose her when he died.” Seeley didn't mind that Palmieri idolized his mentor; he admired loyalty. But if they were going to work together, the young partner would have to calm down. “Did Pearsall seem any different before he died? Had he changed?”
Palmieri drew back. “You mean, what happened that he would throw himself in front of a train?” He started to answer his own question, but changed his mind. “Bob was as passionate about this case as he was about all his cases.”
