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Falwell frowned at them and asked, “Is Dr. Aristian ready to testify?”“Yes, your honor,” Walsted said, half-absently, and motioned to the witness chair.
Aristian hesitated then took the stand and swore his oath, and described what he had seen. A normal-looking, circumcised penis with a neatly detailed dragon done in red and black ink, looking like it was crawling halfway along the top of Simon’s shaft.
“Was it easy to notice?” Walstead asked.
“When flaccid. My feeling is, it would be less noticeable when erect.”
Simon made a note of that comment.
“How do you mean?” Walstead asked.
“Well, it’s my understanding they were under a streetlamp. With a strong light shining down from above. When erect, the design would be elongated so could easily have been washed out and seemed like part of his skin.”
Simon wrote, Just describe what he saw? Asshole. He compared notes with Paley’s testimony. The bastard. His hand gripped the pen in barely controlled anger.
“Dr. Aristian, could this tattoo have been a false tattoo? Something temporarily applied?”
The witness seemed a bit taken aback at that question but answered, “Possibly. I don’t know that I’d have been able to tell during such a brief, non-physical inspection.”
“Thank you, doctor,” said Walstead. “No further questions.”
Aristian had started to get up when Simon asked, “Your honor, am I not allowed to cross-examine the witness?”
Falwell eyed him, almost condescendingly. “Can you do so with politeness and respect?”
Simon deliberately frowned and asked, “Sir, when have I not behaved in a gentleman-like manner?”
That made Falwell blink. “Well, you...um...”
Simon calmly continued with, “I have never raised my voice, nor have I used any foul language during my interactions with the prosecution or this proceeding. My questions have been pointed, most assuredly, but no more-so than Mr. Walstead’s.”
He rose to his feet, continuing with, “Dr. Aristian is a third party to this case. Here to, as he put it, only describe what he saw. I have questions regarding that.”
The Judge all but rolled his eyes then snapped, “What questions do you have for the witness?”
Simon smiled, looked the man and asked, “Dr. Aristian, do you have any training in dermatology?”
The doctor smiled to himself and said, “Well, no.”
“Did you run any experiment to see what would happen when a bright light was shone on my genitals?”
“We, uh, well, we went to a window for a stronger light...”
“Was the sun shining in?”
“No, it was just a brighter form of...of ambient light. Um, which did seem to cause the dragon’s color to grow softer.”
“Could you still see it?”
“Yes, but a street lamp would be much brighter and...and would have more of an affect.”
“Is that your opinion?”
The man hesitated then said, “Yes.”
“Not something you actually observed but something you think is possible?”
Now Aristian was growing uncertain. “...Yes.”
Simon nodded. “How tall was the street lamp?”
“Um...I...I don’t know. Fifteen feet?”
“Haven’t you been to the site to observe?”
“...No.”
“I see. You're testifying to an area you've not been to regarding actions you never saw. Interesting. One last question, doctor. Does the committee that bestowed your doctorate upon you know you use it in this fashion?”
That made the man perk up. “What do you mean?”
Walstead burst to his feet. “Your honor, Dr. Aristian’s degree has nothing to do with his testimony.”
Even Falwell was irritated at the question. “Mr. Halloran, why are you asking that quesion?”
Simon kept his focus on Aristian. “Because despite his professed intention to merely describe what he saw, Dr. Aristian has offered opinions that only a well-practiced dermatologist might offer, and then only after a thorough examination, not a quick look.”
Falwell eyed Simon. "If you didn't want that testimony on the record, Mr. Halloran, you should have objected."
"I don't mind that it's in the record, your Honor. I merely want it clarified that Dr. Aristian is not offering facts but opinion, in collusion with the..."
"Collusion!?" Walstead snarled. He was all but spitting from fury.
Simon calmly shifted his focus to the man and said, "Yes."
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