Authors: Patricia MacDonald
T
he coroner’s testimony and Marjorie’s cross-examination were the last exchanges of the day. Hannah and Adam left the courtroom feeling slightly hopeful. It seemed as if Marjorie had turned the prosecution’s witness, the coroner, against the people’s case, because of the opportunity his testimony gave the jury to see other possibilities for Troy’s death. ‘Reasonable doubt,’ said Adam into the darkness, as he held Hannah in his arms that night. His words soothed her, and she fell asleep more easily than she had in weeks.
They were the first spectators to arrive in the courtroom the next morning. But they were not there before Marjorie Fox and Lisa, who were already seated at the defense table. Marjorie was making notes on papers and frowning. Lisa saw her parents and her eyes lit up behind her glasses. Hannah and Adam slipped into the two chairs directly behind her. Hannah ran her index finger gently down the side of Lisa’s face. Lisa smiled at her.
‘How are you holding up?’ Hannah asked.
Lisa shrugged. ‘Not too bad. I read. I try not to listen to the other prisoners, who are howling most of the time. I tell myself that it’s almost over.’
‘Let’s hope so,’ said Adam.
‘I thought we did really well yesterday,’ Lisa enthused. ‘The coroner seemed to waffle.’
‘Yes,’ said Hannah. ‘By the way, Sydney sends kisses.’
Lisa nodded and then frowned as Marjorie leaned over and told her to turn around. Lisa did so just as the ‘all rise’ was announced, and the judge entered the courtroom. Although she did not turn back around to look at her parents, Lisa lifted two crisscrossed fingers to show them. It was a symbol, Hannah realized uneasily, which could have two very different meanings. One indicated ‘Hoping with all my might’. The other meant, ‘I am not telling the truth.’
The first witness of the day whom the prosecutor called to the stand was a middle-aged woman who lived on the same dirt road as Troy Petty. Vera Naughton had hair like a haystack from being bleached mercilessly and she held it off her face with a black elastic headband. She was clearly in her fifties, was overweight and wore a wildly patterned turquoise and black stretchy top, black stretch pants and black patent-leather thonged sandals.
She took the stand in an almost dainty manner and when asked where she lived by the D.A., she launched into the story of her life which had led her to that house near J. Percy Priest Lake.
‘My husband, Beaufort, bought that land so we could build out there and he could go out in his boat whenever he wanted to. Of course, he was an air-traffic controller at the Nashville Airport but he got asthma and then he hurt his back and he had to take early retirement which meant …’
‘Mrs Naughton,’ the D.A. interrupted. ‘Just tell us, briefly, where you live in relation to the house Troy Petty was renting.’
Like a chastened but obedient schoolgirl, Vera pointed at the map which stood on display next to the other prosecution exhibits. ‘I live right there. Two doors away.’
‘Right where?’ asked the D.A. ‘Can you point your home out to the jury?’
Vera frowned and craned her neck. Then she started to rise from the witness box. ‘May I?’ she asked coyly.
The D.A. nodded, and Vera descended from the box and approached the map which sat on an easel. She leaned forward, and squinted at it.
‘It’s little bitty on this map,’ she said, but then she placed a pudgy index finger on a spot over which it had been hovering. ‘Right there.’
The D.A. gallantly swept an arm toward the witness box and Vera resumed her seat, wiggling herself into a comfortable position.
‘Now on the night in question, the eighth of March, did you hear the explosion at that house?’
‘Oh my, yes,’ said Vera. ‘You couldn’t miss it. It shook my whole house. I ran down there. The front of Mr Petty’s house was blown apart. The rest of it was on fire. I called nine-one-one.’
‘Did you see anyone else in the vicinity?’
‘No, I did not,’ said Vera. ‘But I saw her leaving just before I heard the blast.’
‘Who did you see?’ asked the D.A.
‘I saw the defendant. I was putting the cover on my cockatiel’s cage and I glanced out the window and saw her. She was driving fast away from his house.’
‘And you’re sure it was the defendant?’
‘It was her. I know her car, and I recognize her. She’s been down our road many times before.’
Hannah sighed with anxiety as Marjorie rose, pulled down on the peplum of her suit jacket and smiled at the witness. She walked toward the witness box.
‘So, Mrs Naughton, did you see any other cars on your road that night?’
‘No.’
‘Do you normally sit and look out the window all evening?’
‘No, of course not,’ she scoffed.
‘So any number of cars could have come and gone, and you just didn’t see them.’
‘It’s possible, I suppose,’ Vera admitted. ‘I just know that I saw her. I’d seen her come to visit Troy. Sometimes with her little girl.’
‘Now, the explosion occurred at eight o’clock, according to the police reports. At what time did you see Lisa go by in her car?’
‘It must have been about seven,’ said Vera. ‘But I could see her clearly. It wasn’t dark yet. In the spring it’s still light at that hour.’
‘Well, actually,’ said Marjorie, ‘on the eighth of March it
was
dark at seven. Daylight Savings didn’t begin until the tenth of March.’
Vera looked chastened. ‘I’m pretty sure …’
‘So it must have been closer to six o’clock,’ said Marjorie. ‘A full two hours before the explosion.’
Vera frowned. ‘Well, maybe. I’m sure it was still light,’ she admitted sheepishly. ‘Otherwise I wouldn’t have been covering the bird’s cage. They need darkness to sleep.’
‘No further questions,’ said Marjorie.
Hannah and Adam glanced at one another and Hannah nodded slightly. Marjorie Fox had made the woman sound as if she had not really thought about the time until she was on the stand.
‘This case is falling apart,’ said Adam in her ear.
‘God, I hope so,’ Hannah whispered.
The next witness, Dr Joan Ferris, was from the forensics team who examined the crime scene. The pretty, young explosives expert wore a dark suit and her hair in a no-nonsense knot which bespoke confidence and seriousness. She testified that the explosion occurred because someone had turned on the gas in an old-fashioned propane heater, and had failed to light the heater. There were illuminated candles in the room and, when the room filled up with gas, it was ignited by the candles. The heater was recovered, the knob still turned to the ‘on’ position.
‘Could this heater have been turned on by accident?’ the D.A. asked.
‘No, that wouldn’t be possible,’ said Dr Ferris.
When Marjorie had a chance to cross-examine, she asked the forensics expert if there were fingerprints on the on/off knob.
‘Impossible to lift after the explosion and all the water damage in the house from the fire being extinguished,’ said Dr Ferris.
‘Now, Dr Ferris, you testified that this heater could not have been turned on by accident.’
‘That’s correct,’ said the young scientist. ‘You have to push down on the knob and turn it.’
‘But it would be possible for someone to turn on that gas and then become distracted, and fail to light it, letting the gas escape from the heater unnoticed.’
‘Certainly it would be possible,’ said the forensics expert equably. ‘That’s the main reason why more up-to-date propane heaters light automatically. To prevent that from happening.’
Marjorie thanked her for her time and returned to the defense table.
Hannah and Adam knew that the forensics expert had done them no harm. In fact, she seemed to be quite open to an accident scenario.
The succeeding testimony, however, was an undeniable blow. A detective from the Nashville police showed the surveillance tape which had been made on the night of the explosion at a convenience store near the hospital. There, quite clearly, was Lisa, handing across a check and, after a brief discussion in the course of which she produced a card and showed it to the clerk, receiving cash in return.
‘How did you come to be in possession of this tape?’ asked the D.A.
Detective Hammond said that the clerk, who was also the owner of the store, a Mr Bahir Zamani, heard about Troy Petty’s disappearance on the news and came forward with the tape.
Mr Zamani was called as the next witness.
‘Mr Zamani,’ asked Castor, ‘is it your policy to cash the paychecks of employees at the hospital?’
‘We sometimes do that, if we know the person,’ replied the brown-skinned, mustachioed witness calmly.
‘Did you know Troy Petty?’ asked the D.A.
‘Yes, I did. He had come into my store for several years.’
‘So, on the evening of the eighth of March, when the defendant appeared asking to cash Mr Petty’s paycheck, didn’t you find that a bit unusual? Clearly she is not Troy Petty.’
Zamani nodded. ‘She told me that she was Mr Petty’s fiancée and that he had asked her to bring it in. Indeed, I had seen her in the store with him from time to time. And the check was signed by Mr Petty.’
‘Did you recognize his signature?’
Zamani squirmed on the stand. ‘Well, I assumed. I don’t memorize the signatures of all my customers.’
‘So, a young woman brings in someone else’s signed paycheck and you don’t even check to be sure that the endorsement is valid?’
Mr Zamani smiled sheepishly. ‘I should have checked. I admit that. But I allowed myself to be careless because I did recognize her. She is a very attractive woman.’
Hannah glanced at her plain-featured, bespectacled daughter, and, realizing how meaningless it was, still felt pleased for her. To be described as very attractive.
‘If you don’t mind my saying so, that’s not a very professional way to do business, Mr Zamani,’ said D.A. Castor.
Zamani looked down at his hands. ‘I am aware of that, sir, and I am exceedingly sorry.’
‘Detective Hammond testified that you brought this tape to the attention of the police.’
Zamani nodded enthusiastically. ‘When I saw the news reports about the explosion at Mr Petty’s house, I decided to bring the tape to them. I was concerned that it might be significant.’
‘Thank you, Mr Zamani. Your witness.’
Marjorie approached the baleful-looking shopkeeper with eyes flashing. ‘Was this tape made by a hidden camera, Mr Zamani?’
The shopkeeper shook his head. ‘No, there’s a sign in my store which states quite clearly that there is a surveillance camera at work. You can see the screens above the counter.’
‘So, if Lisa were trying to do something wrong or illegal, it wouldn’t make sense to go, undisguised, to a place where she was known, and allow the transaction to be filmed.’
‘I wouldn’t think so. No,’ said Mr Zamani. ‘That was my very thought when I cashed the check.’
‘No further questions,’ said Marjorie.
Mr Zamani got up from the witness box and walked back past the defense table. For a moment he glanced over at Lisa, almost apologetically, but Lisa looked away, as if she had no further use for such a man. Zamani sighed and lowered his head, as if he were the one accused.
Hannah felt exhausted when she returned home. She wished she could just lie down in a dark room and sleep, but there was still Sydney to care for.
As she and Adam got out of the car and freed Sydney from the car seat, Rayanne came over and greeted them.
Hannah set Sydney down in the grass and turned to her friend. ‘How is Chet doing?’
‘Scheduled for surgery the day after tomorrow,’ said Rayanne. ‘Jamie’s flying in tonight.’
‘It will help Chet to have him here,’ said Adam.
‘I know,’ said Rayanne. ‘And his new girlfriend is coming with him.’
‘Oh, nice,’ said Hannah. ‘This must be serious.’
Rayanne nodded. ‘I think maybe it is.’
‘Good. You’ll have lots of support. I wish I could do more …’
‘Don’t be silly,’ said Rayanne. ‘You have your hands full. How’s it going? I saw a little bit on the news but they don’t really tell you anything.’
‘I don’t know,’ said Hannah. ‘I’m afraid to be too hopeful. But the more it goes on, the more the case against Lisa seems flimsy.’
‘Soon we’ll all be celebrating,’ said Rayanne encouragingly.
The two women nodded and clasped hands, each one wondering if the other would, indeed, have something to celebrate.
T
he first witness the next day was one who, Hannah thought, was bound to make problems for Lisa. Hannah knew without even hearing the testimony what was about to occur. This witness was going to present a painfully personal and admirable version of Troy Petty. Hannah dreaded to hear whatever else she might have to say.
‘Call Nadine Melton to the stand, please.’
A pretty, fresh-scrubbed young woman with a soft blonde haircut came up and took the oath.
‘What is your relationship to the deceased, Ms Melton?’
The young woman choked back a sob and apologized. ‘Troy was my older brother.’
‘Did you have a close relationship with your brother?’
‘We were very close. He raised me and my younger brother, Ronnie, after our mother died. I spoke to him every week. He often came and stayed with us.
‘Troy was like a parent to me. He was very responsible when it came to me and Ronnie. We were his family and he treated us like his own children.’
‘Would you say that your brother was a careless person? A person who, for example, might not notice a house filling up with gas?’
Hannah was a little surprised by the vagueness of the question, and the fact that Marjorie did not object to it. She whispered this to Adam. ‘The sister is very sympathetic. Probably doesn’t want to harass her.’
Nadine was already shaking her head. ‘Not at all. My brother was very conscientious. He was a nurse. He kept everything in order. He paid attention to details.’
‘So, did it surprise you to learn that he had left candles burning in a house that was filling up with gas?’
‘He wouldn’t do that,’ said Nadine bluntly.
‘Do you know the defendant, Ms Melton?’
Nadine shook her head.
The judge leaned over and counseled her. ‘You need to speak your answers aloud.’
‘Sorry,’ she whispered.
‘Do you?’ the D.A. repeated. ‘Know the defendant?’
‘I never met her. Troy told me about her. He could hardly believe that a smart girl like that, who was going to be a doctor, would be interested in him at all. Never mind pursue him, which she did do. That was typical of him. He never gave himself enough credit.’
‘So, he was happy in the relationship.’
Nadine squirmed. ‘At first. He couldn’t stop bragging about her. And he loved her little girl. He always had a way with children. All people, really. I mean, he was a nurse. He was kind.’
‘At first. And then what changed?’ asked the D.A.
‘He didn’t say too much but I could tell he was unhappy. I asked him why but he wouldn’t say. In fact, he said that he couldn’t tell me. His exact words were, “I can’t tell you.”’
‘Were you surprised when you learned that the defendant had cashed your brother’s paycheck the night of the explosion?’
Nadine’s eyes turned steely. ‘That’s an understatement.’
‘The defense claims that your brother gave her his paycheck to cash because he owed her money. Did that sound right to you? Was Troy ordinarily careless about money?’
‘No. Never. He was very careful.’
‘Did he have a lot of debts?’
‘No. No debts. He paid his rent on time. His truck was paid for. He never went shopping for himself. He had no fancy tastes. He didn’t gamble. No.’
‘Did he ever ask to borrow money from you?’
Nadine snorted. ‘From me? Never. He deprived himself ’cause he liked to help out me and my brother. I told you. He was like a parent to us.’
‘Thank you, Ms Melton. Your witness.’
Hannah watched as Marjorie rifled through her papers for a few seconds and then stood up. She walked over to the witness box and leaned against it in a friendly manner.
‘Ms Melton. How old were you and your brothers when your mother died?’
‘I was five. Ronnie was three. Troy was twelve.’
‘Obviously your brother wasn’t old enough to take care of you at that point.’
‘No. We went to live with our father, who didn’t want us, and then our grandparents. And finally, Troy was old enough, he just took over. He became our parent.’
‘That was a big responsibility for a young man.’
‘Yes, it was.’
‘So, clearly this is a great loss for you,’ said Marjorie.
Nadine nodded. ‘Yes. A great loss.’
‘You seemed to have turned out very well after so much upheaval in your childhood.’
Nadine lifted her chin. ‘I like to think so.’
‘And your younger brother?’
‘What about him?’
Marjorie glanced around the courtroom. ‘I don’t see him here,’ she said mildly.
‘He couldn’t come. Ronnie was … he had to go to a home for a while.’
‘What kind of a home? You mean a foster home?’
‘No. A halfway house,’ Nadine mumbled.
Marjorie regarded her with raised eyebrows. ‘Why a halfway house?’
‘He has … problems.’
‘With?’
‘Prescription drugs. He has a bit of a problem with self-medicating. His life was the worst of the three of us. As the youngest.’
‘I’m sure that’s true,’ said Marjorie sympathetically. ‘So your brother Ronnie was recently released from a drug rehab, was he not?’
Nadine shrugged.
‘Ms Melton, could you answer?’
‘Yes.’
‘What about now? Is he clean now?’
‘Objection, your honor. Relevance?’ demanded the D.A.
Marjorie looked at Judge Endicott. ‘The witness has testified that her older brother liked to help out his younger siblings. I submit that helping someone support a drug habit can be very expensive. It might account for his borrowing money from the defendant.’
‘Overruled,’ said the judge. ‘Witness will answer.’
Nadine lowered her head. ‘He’s … trying to stay straight. It’s not easy.’
‘Did Ronnie ever get into debt with any drug dealers? Any debt that perhaps he couldn’t repay? Any debt where he might have turned to his brother, Troy, for help? When you learned that Troy was missing, didn’t you accuse your younger brother of just that?’
‘I don’t remember,’ Nadine demurred.
‘Do you know a drug and alcohol counselor from the Sunrise Halfway House named William Trumbull?’
Nadine shifted uneasily in her chair. ‘Yes. What about him?’
Marjorie turned to the bench. ‘Your honor, I wish to read into evidence a part of this deposition from Mr William Trumbull, defense exhibit 5-B. The witness cannot appear in person because he is now working at a halfway house in Talkeetna, Alaska.’
‘So noted,’ said the judge.
The prosecutor jumped up and insisted on having a look. After perusing the paperwork, he resumed his seat.
Marjorie turned back to Nadine. ‘Ms Melton, in his deposition, Mr Trumbull testifies that you and your brother Ronnie argued about this very subject. Mr Trumbull asserts that he heard you suggest to Ronnie that it might have been his, and I quote, “lowlife druggie friends” who had harmed your brother Troy in some way?’
Hannah gripped her husband’s arm. ‘How does Marjorie know that?’ she whispered.
Adam shook his head. ‘She’s got investigators. She’s good.’
Nadine blanched and looked incredulous, as if she too was wondering how Marjorie Fox knew this piece of information. ‘That was a private conversation,’ she insisted.
‘So you did say that to your brother Ronnie?’
‘That was before I knew about Lisa forging his name and cashing his check,’ Nadine protested stubbornly.
‘You did say that.’
‘Yes,’ Nadine admitted.
‘No further questions,’ said Marjorie, returning to the defense table.
Hannah grabbed Adam’s forearm. ‘That’s it,’ she said. ‘If it wasn’t an accident, then that’s what happened. I’ll bet you anything.’
Adam nodded. ‘It has to be.’
When they got home that night they felt almost happy, for the first time in what seemed like ages. The D.A. had called several witnesses whose testimony did nothing to change the impact of Nadine’s admission about her brother’s drug use. The possibility that Troy had, indeed, had to deal with dangerous drug dealers on his brother’s behalf was the reasonable doubt that they had been seeking to show all along. It certainly explained why Troy might have borrowed money from Lisa, and why he might have owed her his entire paycheck.
That evening, as they settled into the safety of home, Adam drank a beer while Sydney played beside him, and Hannah made dinner. They talked about the day’s testimony, each one reminding the other of how a hostile witness, Troy’s sister, had inadvertently given evidence which was helpful to Lisa.
When they sat down to eat, they had a glass of wine and toasted Marjorie Fox. ‘Whatever this costs,’ says Hannah, ‘she will be worth it. She is terrific. I mean, she has seen right through this thing. She knows that Lisa is innocent, and she can prove it.’
‘Don’t say innocent,’ Adam insisted. ‘I wish she had never taken that check …’
‘You heard the sister. The younger brother was in trouble. Everything that Marjorie brought out today made perfect sense. Troy must have needed the money, and Lisa lent it to him. Even though she couldn’t afford it. You know how impulsive she can be.’
‘I know,’ he said.
‘I know,’ Sydney crowed, poking her forefinger into her mound of mashed potatoes.
‘You are making quite a mess,’ said Hannah cheerfully.
‘Wait till she gets to the chocolate pudding,’ said Adam.
‘Pudding!’ Sydney exclaimed, waving her spoon in the air.
After Hannah got up to fetch the pudding, and Adam wiped Sydney’s chin, they resumed their conversation where they left off. ‘It’s the only explanation that makes sense,’ said Hannah. ‘Maybe Troy was worried about his brother that night, and had too much to drink. He must have gotten a little high and fell asleep, and didn’t realize what was happening with the gas …’
‘It makes perfect sense. No jury could convict her after today,’ said Adam confidently.
‘No,’ said Hannah, as if she were sure. ‘They couldn’t, could they?’
‘All gone,’ cried Sydney, whose lips were surrounded by a ring of chocolate.
Adam lifted Sydney from her booster seat. ‘I think this little lady needs a bath, don’t you?’
‘I do,’ said Hannah, smiling. ‘I’ll clean up the dishes.’
Adam carried his giggling granddaughter to the bathroom, while Hannah carried the dishes to the sink. Out of the kitchen window she could see a light on at Chet and Rayanne’s next door. But the cars were gone. She assumed that Jamie had made it home from Portland, though she had not yet set eyes on him. Chet’s surgery was to take place in the morning. They were probably at the hospital, spending those last anxious hours with him.
Please, God, she thought. Be good to Chet and Rayanne too. The way you were to us today.
Then she plunged her hands into the foamy dishwater and began to scrub the pots, almost tempted to whistle. Lisa would be home soon. Justice would be done. She sighed, and closed her eyes for a moment, enjoying the relief she hadn’t felt in ages. From the bathroom, she could hear Adam making motorboat sounds and Sydney in the tub, squealing with delight.