In fictionalized versions of trials, they always make a point of putting homeless guys in fancy suits and giving them haircuts so that they look like bankers. In reality, that’s not very effective because it comes out pretty quickly that that’s what you’ve done and the jury feels like you’re trying to pull one over on them. On the other hand, no one wants to be in the presence of a man who hasn’t bathed in weeks. My practice has always been to have the witness shower and to launder his clothes, but otherwise not to change his appearance. That means Franklin Pearse takes the witness stand wearing clean clothing—blue jeans, a blue workman’s shirt, and a light blue windbreaker. His hair is as spiky in parts as when we first met, but it was his decision to be appear clean-shaven.

I get Pearse’s life situation out of the way at the start.

“Mr. Pearse, please tell the jury where you reside.”

“Everywhere. Anywhere.”

Pearse’s voice is steady, although low. Judge Gold asks him to lean forward and speak into the microphone.

“What does that mean?” I ask.

“I normally sleep in the park. Unless it’s too cold, and then sometimes I go to the shelter.”

“In other words, you’re homeless?”

“That’s right.”

“I want to ask you a few questions about one night in November. It’s the night you saw and heard something in Central Park. The same night the police have asked you about before. Can you please tell the jury what you saw and heard that evening?”

“Okay. I go to the park a lot at night to empty out the garbage cans for recyclables. Near the duck pond is a good spot because they have that restaurant there, and they serve soda in cans. That night I couldn’t get into the shelter because it was full, and it was really cold, so I was trying to stay awake. Anyway, I was at the garbage cans near the restaurant when I heard these two booms. Like boom, boom. Quicklike. And then I saw this person—not sure if it was a man or a woman because I only saw from the back. Wearing a black hoodie and running away.”

“How far away were you from this person?”

“Not too far, but not close either.”

“Tell us by reference to this courtroom. As close as I am to you?”

“No. Farther than that.”

“As close as the door to this courtroom?”

Pearse considers this. “Yeah. A little closer than that, I think.”