Compelling Evidence (38 page)

"Is that a question?"

"Yes.,' "Then my answer would have to be no," he says. physical evidence that I could find during my examinai victim that would indicate the presence of more than one in the commission of this crime."

Nelson is looking at the table, at Meeks, for assis is a motionless shrug from the hired help, a psychic from Meeks. "I think maybe there's some confusion here, doctor. I'm not making myself clear." Nelson does everything flect in front of the witness box, his theory of conspi up in smoke. "The defendant is a woman who weighs what, fifteen, one hundred twenty poundst' "I wouldn't know," says Cooper. "I've never we Some laughter from the audience. Acosta is on gavel. "So that we can be perfectly clear, you're not tel that a woman the size of the defendant could have shot, a man over six feet in height, approaching two hu in weight, that she could then have moved the body‐, transporting it from wherever he was killed to the! she then could have placed him in that chair and a shotgun, and done all of this by herself, without other person?"

"It seems you have outdated notions of the Coop. "That is precisely what I am saying. It is en that a woman alone could have committed this cri Nelson is clearly troubled by this. The theory female has been, from the beginning, at the hearu.' Logic tells him that no reasonable jury will ac that a lone woman, much less one who looks like have carried out this grisly crime by herself Some jurors are taking notes. Cooper is sh I in the box, paradox written on his face. Nelson and‐" in a flurry of panic at the prosecution's table. vu in this for me, the shoe on the other foot, a wi‐M control. And yet through all of this, I know what COOP

dowing me a bone, driving a stake through Nelson's theory of so accomplice. If they later charge me or anyone else with tthis ,;rime, the state will be faced with the testimony of their own witness, inscribed in stone, on the record. It is Coop neutwizing th Ta a ing is own unique form of clemency. affair wi nf@ 'i ' 7' bliqhue, from the comer of one eye, as geta e 0 hm o bo sits glanc i si m F . there lence It is clear that Acosta does not find this amusing. "Would you some time, Mr. Nelson? Perhaps a recess?" he says. I would t, but it would do no good. Acosta would order an immediate to let Nelson regroup, to have his way with Cooper in some room. just a moment, You Honor." Nelson's not interested in onging this. To recess is to emphasize it in the jury's tive psyche, a mistake. He must deal with it now, quickly, run the risk that it will be indelibly ingrained, an accepted trruth, if Talia did this, she acted alone. A theory that in the minds these jurors, Nelson knows, may be a non sequitur. !"No, Your Honor, we're ready." He moves back toward the s box. ,Doctor Cooper, could you explain to the jury how a woman size of the defendant would begin to move a body more than again as heavy as her own?" ere are ways," he says, "that this could have been done." as?" ng my examination of the body, I discovered mild abraon both arms in identical locations on each, and across the of the victim. These abrasions were in a straight line, just the nipples on the chest, between the elbows and shoulders arms." sions?" says Nelson. "Like rope burns?" like a strap, broad, approximately two inches across from bottom." n is looking at Meeks again. tor, why didn't you tell us about this during your testimopreliminary hearing?" one asked," he says.

right; Cheetam was too busy being reamed by the witnelson wasn't interested in any revelations beyond the necessary to bind Talia over.

Prosecution doesn't ask the other obvious question, why n't tell them about this during the hours of preparation : for trial. He has clearly sandbagged them. And Nelson tongue‐tied. It wouldn't do to emphasize before the jury that the state's witnesses have gone through hours of rehearsal. Jurors are funny in this respect‐they like to IM testimony in open court is spontaneous. "I'liese strap marks," says Nelson, "when did you first them?"

"During the autopsy."

"They weren't in your notes, whyt' "An oversight," says Coop. Nelson gives him a look, like Coop has just told him Bunny is under subpoena, coming on next. The All @Nilr, ing his head. As distasteful as this is, he cannot leave IF Msl, , Having opened this Pandora's box, he must now

‐4.it a or he knows I will do it for him. Nelson retreats I table and Meeks for a little damage assessment. '@Can we go off the record, Your Honor?"

Acosta directs it. Meeks and Nelson are whispering, but voices carry.‐, furious, embarrassed before his boss, that in his the case he has not ferreted out this surprise. There ‐71@rl single‐syllable expletives here. It seems Meeks is of i*@ that Cooper's testimony should be reported on little '@', tissue paper and stored on a cardboard roll in the sv@,J*l is, in short, a lie, he says. In two minutes of brolmor, son is it seems, is the only consensus they form. Nei '4 witness, back on the record. "And what did you deduce from these strap wn I not in your report?"

That the victim was moved with the use of a perhaps a light furniture dolly. The kind that uses ratcheted winch to tighten them."

"A dolly?" Nelson's nodding. There is an amused expression, the sort that parents normally reserve for of fantasy. He flashes this at the jury. An lovitrl 1A join him on this flight of fancy, "Yes, a dolly such as this, laid on the ground or 1 7!' tk^.' the body rolled onto it, would provide leverage. It v, person to lift many times their own weight," says 67@' ,AK, It's a delicate matter for the state not to destroy i i ‐OW ness. In pursuing too vigorously an accomplice 11" yet to identify, Nelson runs the risk of so @11

gone. They have wrung every ounce of gentlemanly cond his demeanor. I suspect that the Greek has had something.@ with this. Hazeltine is now certain of the reason for Ben's insi this contract. He doesn't flinch with the mention of the digger's covenant," but embraces it, looking at Talia w, term fits her exactly. There are a few flourishes here, bered conversations between the witness and Ben, that p contract in a new light, testimony not offered during thez There is nothing solid here, nothing that might be attacked, on cross, just implications and innuendos that Ben did not' trust his wife. Nelson lays heavily on the lawyer's interpretation of ment. "The fact," says Hazeltine, "is that Talia stood to be, of everything from the marriage, disinherited, unless lawfully married to Ben Potter at the time of his death.", It is one of those sobering moments in a ri e ' 'na watershed recognized by thejury.

The brighter li@' tan including Robert Rath, realize that they have just been_ major piece of the puzzle, part of the motive for rn With this Nelson completes his questioning of the I am invited to partake. "Mr.

Hazeltine, in addition to the prenuptial agree prepare a will for Ben Potter?"

"I did," he says. "And under die terms of that will, in the event that were to be somehow disqualified from inheriting, was er heir named?"

"I don't think I understand your question." Hazeltinc the issue, protecting Skarpellos. "I'm going to object to this line of questioning.

on grounds of relevance." Nelson is up at his table. "Your Honor, we've heard extensive testimony victim's testamentary intentions," I tell the court. produced evidence to the effect that if my client was to the victim at the time of his death, she stood to be', to lose everything from the marriage. The inference state is trying to make a case that she killed ei hu' h r her rights of inheritance. Under the circumsi 7 Leer"

81 right to explore the victinfs intentions in tt@tee re, mine if there were others who stood to gain from 0 Joe ‐ '00 00 ‐ .4 .0 .'0 rnight profit if my client is convicted."

"Sustained," says Acosta. I look at

him, stunned. It is not a good move by a trial lawyer, before a jury.

But I cannot control myself. ,your Honor. This is evidence that was readily admitted in the preliminary hearing, over just this very objection. I have a transcript, here, Your Honor." ,I can't account for the errors of the municipal could" he says. wmat was there; this is here.

The objection is sustain w move on to other matters, or sit down."

Unless I can establish the link showing that the Greek stood to TT is partner and the conviction of Talia, "M.‐ n‐ from the death of h vital element will be missing from my case. Acosta will have 07" ont my back.

"Your Honor, this is critical evidence."

All the more pleasure. He looks at me and smiles, a mean 14mioewou sneer. "Move on, Mr. Madriani."

"I want this part of the record certified for appeal," I tell the reporter. 2a,7ii. Madriani, move on or I will hold you in contempt."

*Plk@oc has a look of distaste about him, the appearance of Y,;.so who likes to win, but not like this. He's not making eye with the court or with me. Instead he's casting about, ith scraps of paper on the counsel table. But a good ,@Alitl he quietly takes what is given to him. I take my seat, nothing more to be gained from this @N@‐ is clearly agitated, writing a note to me when I get back table, , is the judge doing thist'

it says. @ t‐li over in her ear. "You and me," I say. "The news story.

71M his sense of dignity." reads the sarcasm in my voice and knows she is now in of them are cautiously polite to one another, Talia 11 Nikki's feelings. But my wife has been surprisingly supportive, in the few comments she has made. It is eight A.M., and the bailiff waves us on. I TMT Harry, who is assembling our little library on the ‐*in The moment of truth has arrived. On the second i bashing by Acosta, the judge has us back inas, 11177M his ruling on James Preston, die motel clerk, and testify. As I arrive, Nelson is down at the mouth, like w,@ Acosta have just had words. The Coconut is all , ‐7 day on the bench. A shirt so heavily starched that 7 standing up in it, gold cuff links, and broad red 110, hasn't yet donned his black robe. His facial good nature changes as I enter Harry. Acosta's mouth and eyes take on a grim

"A

seat, gentlemen." He's leafing through ‐0. as if he can't find the script on this one. "This is a real problem," he says. "Mmr. looking for his notes. He stares at me briefly from under hooded iro

"Of course, it

wouldn't be a problem if Mr. learned to keep his pecker in his pants,"

he t. v court reporter here today, so Acosta is free to )i a few cheap shots. He will enter his ruling order, a single‐page form, typed by his cl Meeks and Nelson are carrying on a wl the far comer, like they already know what the do on this. 111tve given this great thought," says Acosta. being Solomon, stroking his chin with the mrm;: affecting the look of the wise. "The various arguments, and the prejudice should I allow unlimited testimony by Mr. %M,77 ering all of these arguments carefully, it is #111 by erk Preston should testify .. There's a palpable sigh from Harry. During with its dark omen, he has been boning up phase. Death looms larger on the horizon since the start of the trial. "I think," says Acosta, "that it is both these affairs that the defendant appears to 1;1_@il"

police that she has no idea where I was on the night in ‐rs, and the This has spawned more intrigue than answe now redoubling their efforts to link me with Talia. To my surprise, after all of the pain he has cau Preston's testimony turns out to be largely anticlim my own suspicions that he would recognize Tod have to be wrong. On the stand he identifies two men, the Raul, Talia's tennis pro, residing in Rio and another man, Joseph Blackborn, Talia@wshaecno!uune t.1 be a neat trick for the prosecution to link Blacklna@, romantically. He is fifty‐eight going on ninety, slight` with thin pursed lips, a face like Don Knotts's. Talia tells me that Blackborn was in fact business@" used the motel to finish some final schedules for i returns a year ago, because his office was being p proved a more convenient location than her own. I It seems Raul and I were the only two getting inn ourr before Tod, and we were each ancient his I g bef

"Ory

"On' murdered. The jury seems to treat

Preston's testimony as a s All during his brief time on the stand he is giving me from the witness box. It seems Mr. Preston doesn't fact that his moment of fame has been preempted cempted He glances up at Acosta, an expression of misgi he believes die Coconut and I are engaged 'in so conspiracy to cheat justice, the lawyers' guild pro And he resents this.

Apparently no one has explained"' he is not being allowed to finger me, or perhaps he this rationale, a fair trial for Talia. Either way, composure and equanimity of a stick of sweating the stand. As Nelson finishes with him, I am leaning whispering into Harry's ear. We choose not to therefore waive any cross‐examination. There is gained, and if I should provoke Preston's ire, a., lose. Nelson calls Talia's neighbor next. Mildred Foster is nearing eighty, with little watch the saga of life on parade from the win She has lived on the two‐acre estate next to since they moved in five years ago, and to Talia., tery. ‐What a strange woman," she says. "Five years and I've never gen her, even outside in the yard."

But she's seen you," I say, "and more importantly, Ben's car 'k, ‐ the evening he was killed." Foster is the kind of person who lives with a spyglass at the I would bet that her drapes are frayed and tattered her fingering them every time a car door is slammed on has her up for one reason only. She testifies that Ben's @F at the Potter house early in the evening on the day he was 1. She saw it in the driveway, but didn't see Ben. It is whether arthritis has slowed her sprint to the windows, 4"TMOTO she was simply disuwted. Aff'jffis Foster, can you tell us what time it was that you looked your window and saw Mr. Potter's car?" eight

" she says. lpjro@ you hear it pull up?" 'if," she says. "My hearing's not so good anymore." but you looked out your window and the car was parked no ds..Jp7i the record reflect that the witness has answered affirmaacosta is doing the honors, helping the court reporter. you have no idea what time the car might have arrived wasn't there at five when I looked out." 11yu& between five o'clock, when you looked out your ".1

and eight o'clock, when you looked again, Mr. Potter 4@Aup and parked his car in the driveway?" .W‐714ii, The question assumes facts not in evidence, that .,'iin(‐; was driving the car."

Mrs. Foster, is it true that sometime between five and eight o'clock, someone drove Mr. Potter's car into t 1,i‐ and parked it?" s‐ 'tk' e."