Acts of Malice (19 page)

‘‘But isn’t it true that you first thought the markings were natural, and now find that they might match almost anybody’s ski boots?’’ Nina asked, and Collier objected, and off they careened into more argument. Finally Flaherty told them he’d heard enough and that he would take the demonstration for what it was worth.

Nina said then, ‘‘I guess we ought to turn the last photo over, then, Your Honor, before I move on. Which, the Court will recall, also seems to the coroner to be similar to the skin markings.’’

‘‘Preliminarily,’’ Clauson added.

‘‘Preliminarily.’’ Flaherty nodded, and Clauson turned over the last picture. ‘‘Quartz mixed with granite, taken from rubbings of rocks at location of body,’’ he read. ‘‘What’s that supposed to mean?’’

‘‘The rocks where Alex Strong landed,’’ Nina explained to the judge, not bothering with Clauson anymore.

‘‘What’s she talking about?’’ Clauson said, looking toward Collier. Flaherty wasn’t having any trouble understanding it.

Nina turned to Collier too. If he wanted more argument, she was ready.

Collier’s mouth moved, and she was sure he was saying, ‘‘Same old shit,’’ to her. Offended, she turned to the judge.

Collier was already talking. ‘‘I have to renew my objection. This demonstration is completely worthless. I could have balled up my dirty sock in a picture in just such a way that it would look similar. Similar, Your Honor. Not the same. Request permission to bring Doc Clauson back tomorrow after he’s had a real chance to compare these pictures in a scientific setting.’’

‘‘No problem, Your Honor,’’ Nina said. ‘‘We have already conducted our own review in a scientific setting, and will have our own expert witness ready to testify that the fifth picture, of quartz in granite, was taken personally by her at the site of Alex Strong’s death, and that it is just as likely to produce a pattern similar to that in the autopsy photo.’’

‘‘All right,’’ Judge Flaherty said. ‘‘Are you finished with your cross-examination of this witness for today?’’

‘‘Not quite,’’ Nina said. ‘‘I have a second demonstration for the Court.’’ She went to the brown Raley’s grocery bag on her counsel table, ignoring the disguised groan from the other table.

‘‘I’m not doing any more courtroom comparisons,’’ Clauson said hurriedly from the witness stand.

‘‘Absolutely not, Your Honor,’’ Collier said. ‘‘Absolutely not! Anything else she wants compared, he’ll take it back to the lab and compare it. That’s it! No way.’’

‘‘That might save time, so I have no objection,’’ Nina said. She removed five labeled plastic Baggies which contained swatches of black material. Clauson saw them and mouthed the word ‘‘fibers’’ to Collier.

‘‘That’s right,’’ Nina said. ‘‘Fibers. I wouldn’t want to surprise you or anything, Doctor, since you don’t seem to like surprises. For the record, these are swatches of black cotton material taken from, let’s see: Exhibit twelve a: black cotton socks, men’s, Miller’s Outpost; twelve b, black cotton T-shirt from Macy’s in Sacramento; twelve c, black cotton purse lining from Cecil’s Market, Stateline; twelve d, black cotton socks found in Alex Strong’s sock drawer, dirty socks as referred to earlier.

‘‘And last but not least, twelve e, black cotton boxer shorts belonging to Philip Strong. I’d like you to compare them to the cotton fibers found in the grooves of the Tecnicas as per your report.’’

‘‘Very funny, Judge,’’ Collier said. He had evidently decided to go further. Now he didn’t want Clauson touching Nina’s samples in the lab, either. ‘‘I’m not about to turn the State’s crime lab into a tool of the defense. She can get her own experts and put on her defense and the defendant can pay for all the fishing he can afford, but we’re not going to do it. The photos, okay, we’ll have a look at them. But chemical analyses— no.’’

‘‘I have to agree with that,’’ Flaherty said. ‘‘I see no reason for such forensics work to be carried out while the prosecution is presenting its case. However, Mr. Hallowell, Ms. Reilly has stated that she intends to present her own set of results at the time she puts on a defense. It might indeed save time for you to take the swatches and have a look at them now, to avoid a motion to continue the prelim when we get to the defense case.’’

‘‘But there isn’t time!’’ Collier said.

‘‘I will take the lack of due notice into account, I assure you,’’ Flaherty said. ‘‘Now. Doc, you may step down and I direct you to return for further testimony at nine A.M. tomorrow morning. We’ll take a ten-minute recess, and then you can call the next witness, Mr. Hallowell.’’

Doc Clauson stuffed the swatches and photos into his briefcase and stood down. As he walked past Nina he gave her a hunted look, and she gave him the yellow lioness eye. He was going to work all night, and she was glad, because he had done enough harm and he never would again.

16

‘‘CALL GINA BELOIT.’’ A long day was about to get longer, as a wholesome-looking young woman with short blond hair that looked a little like Heidi Strong’s was called into the courtroom and marched to the witness stand.

‘‘State your full name for the record,’’ Collier said.

‘‘Gina May Beloit.’’ A soprano voice. ‘‘I got a subpoena and I’m here under duress.’’

‘‘That does say it all, Judge,’’ Collier said. ‘‘Request the witness be considered a hostile witness under Evidence Code section 776.’’

‘‘So stipulated,’’ Nina said. Collier could now lead the witness, impeach her, and generally have more latitude in his questioning.

‘‘Where do you work, Miss Beloit?’’

‘‘I’m unemployed. Until a week ago I worked at Paradise Ski Resort. The lodge.’’

‘‘What were your duties there?’’

‘‘I was the day hostess. I led customers to their tables, took reservations, made sure they had their menus. Sometimes I took their orders, served food, poured water, cleaned off the tables, that sort of thing. I had to quit due to my boss, Mr. Jim Strong.’’

‘‘Little bitch,’’ Jim whispered to Nina at the counsel table.

‘‘Move to strike that last phrase,’’ Nina said. ‘‘Nonresponsive.’’

‘‘Overruled.’’

‘‘During what period of time did you know the defendant?’’

‘‘About three months.’’

‘‘And during this time did you overhear a conversation occurring regarding the employment status of Gene Malavoy, the night host?’’

‘‘Yes.’’

‘‘And what were the circumstances of your overhearing this conversation?’’

‘‘I eavesdropped,’’ said the girl defiantly. ‘‘The coat room was right next to the office, and I could hear them from in there.’’

‘‘Who did you hear?’’

‘‘Mr. Strong senior—Philip Strong, and Jim Strong.’’

‘‘Anybody else?’’

‘‘No.’’

‘‘And how did you know whose voices you were hearing?’’

‘‘I’ve talked to Philip several times. I also knew his office adjoined the place I was standing. And Jim Strong was my boss. I knew his voice very well.’’

‘‘What did you hear?’’

‘‘Well, it was about Gene. Jim had told him he was fired. Mr. Strong wanted Jim to back off, but Jim was stubborn. He said Gene was a loser and he wanted a girl. Mr. Strong didn’t like that, and Jim just told him to butt out, that he was the manager of the lodge and . . .’’ The girl went through the conversation, bit by bit, that had been covered in the interview summary in Nina’s possession.

‘‘What else was said in this conversation?’’ Collier asked finally.

‘‘That was about it. Then they were interrupted and that was it for the conversation.’’

Collier paused for effect. Then asked, ‘‘And when did you say these events took place?’’

‘‘I didn’t. Between one-thirty and two o’clock on October twenty-first, two days before Alex died.’’

‘‘Cross-examine,’’ said Collier. He sat down.

‘‘Hello, Miss Beloit,’’ Nina said, giving the girl a hard stare.

‘‘Hello.’’

‘‘You say you quit because of Jim Strong, the man sitting beside me?’’

‘‘Uh huh.’’

‘‘In what specific way did Mr. Strong cause you to quit?’’

‘‘He made my job miserable. He was continually in the restaurant, watching every move any of the employees made. He shouted at me and called me incompetent. I don’t have to put up with that. The money wasn’t worth it.’’

‘‘So you didn’t like the way Jim supervised you or the other employees?’’

‘‘To say the least.’’

‘‘And how does that make you feel about Jim Strong here?’’

‘‘It seemed like a good job at first. I thought I had the whole winter planned out, but I couldn’t stay with him as my boss.’’

‘‘How did that make you feel about Mr. Strong?’’ Nina said again.

‘‘Upset, of course.’’

‘‘Angry?’’

‘‘I suppose.’’

‘‘Oh, come on. You’re furious at him, aren’t you?’’

‘‘I wouldn’t send him a valentine.’’

‘‘You’d like to see him suffer like you’ve suffered, am I right?’’

Miss Beloit actually seemed to think that one over. She was a forthright girl, and Nina thought for a moment she would agree, but she thought better of it. ‘‘No,’’ she said. ‘‘I’m not vindictive like you’re trying to make out.’’

‘‘Isn’t it true that you were so angry that when you heard that Jim had been charged with a crime involving his brother, you called Mr. Hallowell here and told him a lot of lies about this whole incident?’’

‘‘No.’’

‘‘You wouldn’t even tell him your name, would you?’’

‘‘I didn’t want to end up testifying like this, but I thought he ought to know—’’

‘‘You didn’t dare say under penalty of perjury the things you told him?’’

‘‘I thought the information might help him understand why Jim would want to kill Alex.’’

Flaherty lifted his head at this and gave the witness a keen look. Her statement unfortunately cut through all the legal smoke Nina had been blowing. Trying again, Nina said, ‘‘Move that the witness’s response be stricken as nonresponsive and speculative, Your Honor.’’

‘‘She has a right to explain why she called me,’’ Collier said.

‘‘I’ll allow it,’’ said Flaherty.

Nina decided she’d better meet the statement head-on. ‘‘All right,’’ she said. ‘‘You say that Mr. Strong suggested to Jim that he might be replaced by Alex at the lodge?’’

‘‘It was stronger than that, like Mr. Strong had made up his mind.’’

‘‘Both men were angry? Saying things they hadn’t really had time to think about?’’

‘‘Mr. Strong kept his temper the whole time. He was very calm, considering.’’

‘‘Did Jim say anything like, this job is so important to me I’ll kill anyone you try to replace me with?’’

‘‘No. I told you what was said.’’

‘‘Did Jim threaten Alex at any time in this conversation?’’

‘‘I thought his tone was rather threatening.’’

‘‘But all he said was, ‘It’s always Alex . . . well, not this time’? That was the sum total of his reaction?’’

‘‘Yes.’’

Nina turned to the judge. ‘‘Your Honor, I’m going to move that all testimony of this witness be stricken. There’s not a shred of evidence that goes to any element of the case, just a lot of prejudicial fluff by a disgruntled employee. All the testimony is incompetent, irrelevant, and immaterial.’’

‘‘Mr. Hallowell?’’ said the judge.

‘‘It goes to intent, Judge. Malice. The testimony is that the defendant had a reason to commit a murder. Jim Strong was going to remove the man who would take his place as manager.’’

‘‘That’s not the testimony,’’ Nina said. ‘‘The testimony is that in the course of an argument about something else, Philip Strong essentially said something critical of the way the defendant had handled a business matter. In all fairness, this conversation between Philip Strong and the defendant does not have any probative value as to motive. It should be stricken.’’

‘‘Well,’’ Flaherty said, ‘‘I’m not going to strike the testimony. I suppose it could be said to have relevance to the issue of criminal intent. Your argument goes to how much weight should be accorded the testimony, Mrs. Reilly. I have to say, I’m not too impressed with this testimony but I will weigh it along with the rest of the testimony at the conclusion of this hearing. Any more cross-examination?’’

‘‘No, Your Honor.’’

‘‘Any redirect?’’

‘‘No, Judge.’’

‘‘The witness may step down.’’

On her way past Jim, Miss Beloit moved her lips into a loud mock kiss. ‘‘Creep!’’ she said in a low voice.

Jim lunged up and Nina grabbed him.

‘‘Order! Order! We’ll take the afternoon break.’’

‘‘Call Gene Malavoy.’’

He had been waiting out in the hall, with every court clerk under the age of forty taking a peek at him. Gene Malavoy was barely twenty years old, but he was well aware of the stir he caused. Six foot four or more, angular and broad-shouldered, with a strong face, a jutting man’s nose and long hair casually brushed back, he strode to the stand and sat down, legs stretched out. He wore an old tweed jacket with his jeans and a thin gold chain around his neck, the kind that makes a woman imagine it on a bare chest. Nina would have been as impressed as everybody else if she hadn’t seen him whimpering like a baby under the bleachers.

‘‘As night host, I greeted people as they came in and escorted them to the tables, gave them menus, watched the waiters, kept people cheerful when there were long waits,’’ he said as Collier led him through the preliminaries. His French accent, more pronounced than Marianne’s, added to the overall effect.

‘‘And are you acquainted with the defendant, Mr. Strong, sitting over there at the counsel table?’’

‘‘Not any more,’’ he said. ‘‘Not since the day he fired me.’’

‘‘And what was the date of that termination?’’

‘‘October twenty-second.’’

‘‘Please explain for the Court the circumstances of your termination.’’

‘‘The circumstances? Oh, yes. I had worked at Paradise seasonally for two years. Alex Strong had been my supervisor the whole time, and we got along great. My performance ratings were always excellent. Then, this year, Alex went into Operations and Jim came in. Within two weeks after the opening, Jim called me in and said that Alex had told him to let me go.’’

‘‘He said Alex Strong had demanded your termination?’’

‘‘Yes. He said that Alex had warned him about me. I couldn’t find out any more. I kept asking him what I’d done wrong. I couldn’t believe it. He called security. I was escorted to my car.’’

‘‘What did you do?’’

‘‘I went home and tried to call Alex. I wasn’t feeling too happy about any of the Strongs right then. I felt that Alex must have had something against me that he was too chicken to tell me. I felt that Alex had treated me in a sneaky way. When I couldn’t reach Alex, I called Mr. Strong. The owner. I told him what Alex had done and I said, ‘Philippe, you can’t be doing this to me.’ ’’

‘‘What was Mr. Strong’s reaction?’’

‘‘He said he’d look into it.’’

‘‘Did you subsequently have a conversation with Philip Strong?’’

‘‘He called me the next morning and said—I don’t remember how he said it—I think that I was better off to move on. Things weren’t going so well at the lodge. That was it. He was my final hope.’’

‘‘Your witness,’’ Collier said to Nina. He had used Gene Malavoy to corroborate Gina in an indirect but very effective way. It was clear that at least some of what Gina had testified to was true, unless he and Gina were conspiring to perjure themselves with the same lie. The notion that Alex had been murdered because he was going to take Jim’s job wasn’t that compelling, but it was all Collier had. Although Flaherty didn’t need to know why a murder had occurred in order to bind Jim over, he was a judge who preferred to have what he called ‘‘a sense of the case.’’ So Collier had given him a motive of sorts.

Of course, Malavoy’s testimony could twist another way.

‘‘Mr. Malavoy?’’ Nina remained seated at the defense table, conspicuously not bothering to get up. ‘‘Things have been tough for you since you were terminated, haven’t they?’’

‘‘I’m getting evicted from my apartment, so I guess you could say that.’’

‘‘Do you blame Mr. Strong here for that?’’

‘‘Absolutely.’’

‘‘Tell the Court about your relationship with Gina Beloit.’’

‘‘Objection,’’ Collier said. ‘‘Outside the scope of direct.’’

‘‘Overruled. You may answer.’’

‘‘There was no relationship,’’ the young man said.

‘‘You worked together, didn’t you? Didn’t you talk about your problems at work?’’

‘‘No. I knew who Gina was, but we never socialized. She might have had ideas, but I wasn’t interested in her.’’

‘‘You have never discussed this case with her?’’

‘‘No.’’

She wasn’t getting anywhere with that, so Nina moved into her flank attacks.

‘‘You have heard Gina Beloit’s testimony here today? In which she says that Jim Strong told his father that he, not Alex Strong, made the decision to fire you?’’

‘‘Yes.’’ He stuck his chin out and the muscles of his jaw worked picturesquely. ‘‘I have known for several days.’’

‘‘But you believed Alex Strong had done this to you as of October twenty-second, didn’t you?’’

‘‘Yes.’’

‘‘Did you act on your belief?’’

‘‘Objection. Vague, speculative, irrelevant, immaterial.’’

‘‘Can you rephrase that, counsel?’’ Flaherty said.

‘‘Sure, Your Honor. Isn’t it true, Mr. Malavoy, that you waited for Alex Strong to get off work on the night of the twenty-second of October and isn’t it true that you challenged him to a fight and when he refused to fight you, that you knocked him down before leaving the Paradise parking lot?’’

He looked surprised. ‘‘How did you know that? It’s true, I admit it.’’

‘‘Why did you do that?’’

‘‘Like I said, because of Jim. Jim lied to me and told me it was Alex getting me fired. I never should have believed him, but—who would imagine he would blame his brother like that? It was a dirty trick on Alex to turn my anger toward him. It worked. I was boiling about Alex all day and drinking too much and I went at it with Alex without giving him a chance to explain. I just took a wild swing and took off. I didn’t hurt him.’’

‘‘You were outraged, infuriated at Alex on that day, would that be fair to say?’’

‘‘Of course. I don’t mind saying it. It’s true.’’ His hand smoothed back a stray lock of hair.

‘‘That was the afternoon of the twenty-second?’’

‘‘Ye-ees.’’

‘‘Marianne Strong, the victim’s wife, is your half-sister, isn’t she?’’ Flaherty’s eyebrows went up at this revelation, and Nina heard a sharp intake of breath from Collier. So he hadn’t known! Tony hadn’t had an easy time finding it out.

‘‘Yes, she is. She helped me come over from Chamonix two years ago. We have the same father.’’

‘‘You very much enjoyed working at the ski resort, wouldn’t that be fair to say?’’

In a tight voice, Collier said, ‘‘Is there a point to this, or are we just going to jump all over the place like fleas in a flea circus?’’