Silent Witness (27 page)

''Yes,'' Carol said as if ashamed.

''And so, when you said to me that you thought of ending your husband's suffering and that you considered ending your own by taking your life, you were not speaking literally, were you, Mrs. Schmidt?''

Carol seemed to have no voice so Josie continued on, ever more forcefully.

''And when you heard my client say it
might
be better if Tim Wren was dead, did you have reason to agree with that statement?''

''Yes.''

''Did you believe the defendant meant to kill Tim Wren?'' Josie's voice did not waver and the cadence of the questions seemed to thrust Carol Schmidt into a puzzling maze of uncertainty.

''I don't know. No, I don't think so.''

''Do you believe it is possible that people say things they don't mean because, on some level, there is a compassionate truth in those statements?''

''Your honor, this is inappropriate. Mrs. Schmidt is not on trial. No foundation has been laid for this woman's expertise. . .''

Ruth Alcott's voice trailed off into nothingness. All eyes were trained on Carol Schmidt. Her head was bowed. The judge offered his ruling gently, with great empathy for the witness and grudging acknowledgement that his decision was proper.

''You opened the door, Ms. Alcott. Proceed, Ms. Bates.''

Josie asked the question again and this time Carol Schmidt readied herself for the fight. She pulled back her shoulders. She licked her lips and raised her chin. Josie saw it and gave her a final kick, hoping to keep her down.

''Do you think it possible that there can be compassion in such statements, Mrs. Schmidt? Do you, Mrs. Schmidt? Can someone be compassionate by wishing to end another person's life because they are suffering? Or are you the only one blessed with such a compass?''

Josie's question hung in the air. All eyes were on Carol Schmidt. To her credit, she answered in a clear voice. She would not play Josie's game.

''I'm not a philosopher or a member of the clergy,'' she said. ''I can't answer that.''

''You visit a man who is a vegetable, Mrs. Schmidt. I believe that qualifies you as an expert. So, I ask you again, can death for someone whose quality of life is severely damaged be a blessing?''

''I believe death eases suffering. I would like to see my husband's suffering end. But I know I will not be the one to end it. It is wrong to do it. . .''

''But not to wish it, is that right, Mrs. Schmidt? The way my client wished his wife's suffering would end and Timothy Wren's suffering would end? That's not wrong, is it?'' Josie drawled as she held Carol Schmidt's gaze long enough to make the other woman lower her eyes in shame. ''No more questions of this witness.''

Satisfied that she had neutralized Carol Schmidt's testimony, but feeling no better for it. Josie started back to the defense table.

''If there's love!''

Carol Schmidt nearly screamed and Josie was stopped dead in her tracks. She turned slowly. Carol still sat in the witness chair, angry, tearful but strong as she threw her testimony back in Josie's face.

''It's compassionate to wish for a
loved
one not to suffer. I want you to understand that. But he. . .he didn't love Tim. He couldn't have felt compassion because he hated Lexi's son.'' Carol threw her hand out in a damning gesture.

''Your honor, move to strike!'' Josie bore down on Carol Schmidt, hoping to silence. It wasn't going to happen.

''No, no.'' She was fairly screaming. ''Don't strike what I say. . .''

''Ms. Alcott,'' the judge called, ''Control your witness. . .''

''How dare you? How dare any of you try to control me and twist what I have to say,'' Carol half rose from her chair. She leaned against the witness box and begged the judge to listen. ''I believe if he had the opportunity, Archer would have killed poor Tim. I don't know if he did, but I know he would have. That's the difference. He would have killed Tim if it meant helping Lexi. That's not compassion. That's selfish.''

Carol's head whipped toward the judge, to Ruth Alcott. She looked at the spectators. Finally, she looked at Josie and the two women faced down. Carol Schmidt's chest rose and fell, her breathing was shallow, there was a look of horror and relief on her face. It seemed as if Carol's demons had been released because she had accused Archer of something worse than wishing. Carol Schmidt seemed almost rapturous, as if she had seen the light and her soul was free.

Stunned, Josie could not take her eyes off the witness but she was the only one who couldn't. Everyone else looked away, shamed not only by what Josie had done but Carol Schmidt's breakdown.

Josie felt defeated. While she may win the day, defending Archer had thrown her back to a time when winning was the only thing and people were changed as Josie cut through their lives. If Josie had any regret it was that she had lost a personal battle. Expediency had been chosen over decency and there would come a time when she would be called to account.

''The witness is speculating your honor,'' Josie said, undeterred. ''Mrs. Schmidt, could the defendant's statement regarding his feelings about his wife's illness and his stepson's situation be regarded as compassionate? Yes or no.''

''Yes,'' Crushed, Carol sat down, her voice barely a whisper.

''At the time the defendant made that statement, did you interpret what you heard as a threat?''

''No.''

''There will be nothing else of this witness, your honor.''

Josie claimed her seat at the defense table. Carol Schmidt's testimony had gone as she expected. The one thing Josie didn't expect was the next witness and the one after that.

CHAPTER 27

The man who sat in the witness chair had been there before. He knew what he wanted to say and what he had to say worried Josie beyond measure as he stated his name for the record.

''My name is Tom Ford and I am Chief of Detectives with the LAPD out of the West Los Angeles Division.''

''Did you ever have occasion to meet the defendant?'' Ruth raised a hand toward Archer.

''The defendant was a detective under my command before his retirement.''

''Did you ever encounter any difficulty with the defendant during the time of his service?''

''He was an ideal officer until approximately three months before his retirement. At that point, his behavior became erratic. Some of my detectives refused to work with him until an evaluation was made.''

''And was such an evaluation made?'' Ruth asked.

''The defendant refused psychological counseling through the department. He also did not follow-up on a promise to seek private counseling, as far as I know.''

''Can you describe the defendant's behavior during those months?'' Ruth hitched her pants absentmindedly, adjusting the elastic.

''His general demeanor had become aggressive. He was short tempered, angry and edgy.''

''Was there specific behavior that concerned the department?''

''An excessive force complaint was filed against the defendant,'' the witness answered.

''What exactly was the defendant accused of doing?''

''The defendant was cited for using excessive force in the arrest of a sixteen year old boy. It resulted in the boy being hospitalized,'' the detective informed her.

''Was this unusual behavior for the defendant?''

''Yes, it was. But it was also understandable.''

''How so,'' Ruth queried.

''The defendant's attitude toward the job could be traced to the diagnosis of his wife's pancreatic cancer.''

''Objection,'' Josie called, ''facts not in evidence.''

Ruth took care of the matter promptly, introducing the time line of Lexi's illness and the complaints against Archer. It was a small bit of legal housekeeping. When it was done, she got back to the meat of the matter.

''Wouldn't rage have been considered normal under the circumstances?'' Ruth continued.

''Objection!'' Josie was on her feet. ''This man is not a doctor. He cannot make a diagnosis.''
''Sustained. Ask again, Ms. Alcott,'' the judge directed.

''Did the defendant ever personally offer you any insight into his behavioral changes?''

''He alternately expressed denial and rage at his wife's condition. His anger became more prevalent as she became sicker. He became quite vocal about his situation.''

''Wouldn't you expect that of a man who was facing the loss of his wife?''

''Yes, except the defendant's anger was exacerbated by his belief that his wife, while expressing deep concern about how her son would fare after her death, had expressed no such concern about him, her husband. Archer often talked about that. He thought she should be worried about him since he was the one taking care of her, paying the bills, getting her to the doctor.''

Josie cast a sidelong glance at Archer. He was rigid beside her, his jaw clenched tight so she could see the cording of muscle that ran down the side of his neck She put her hand on his knee – not as a sign of comfort or fealty but to gauge the extent of his agitation. It was off the charts.

''Did he often talk about money?'' Ruth asked.

''Yes. He was concerned about the expenses that were being incurred.''

''Was the defendant eventually relieved of duty because of his demeanor.''

''No. He was reassigned to a desk position, was unhappy with that and finally took his retirement. I believe his wife died some three or four weeks later.''

''So, the defendant resigned as an officer of the law the week Timothy Wren died, is that correct?''

''That is correct.'' Tom Ford answered without looking Archer's way.

Ruth nodded and thanked her witness. Josie took up the charge, rounding her table as if she was storming the witness box.

''Sir, are you aware that the defendant's wife was a paramedic and, as such, was covered by county insurance?''

''I knew she was a paramedic.''

''Then why would the defendant worry about money when his wife had catastrophic insurance?''

''I don't know the specifics of the policy,'' the chief answered.

''We will stipulate to catastrophic insurance coverage,'' Ruth said and Josie found her indifference worrisome.

''Would you then stipulate that your assessment of the defendant's state of mind regarding money would be inaccurate?'

The man shook his head.

''No, I would not. The defendant told me directly that his wife wanted her son to undergo an experimental operation. I was informed that co-pays on his wife's treatment, along with the anticipated expense of experimental treatment for the boy, caused the defendant great concern. Money was a big problem. I know that for sure.''

Josie began the next question but never finished. Something was wrong. The courtroom seemed suddenly odd, out of kilter as if she were standing on the deck of a boat and had lost the horizon. Bits and pieces of information had been swirling around her like currents running in the wrong direction, picking up her tiny boat and moving it inch by inch away from the shore until, suddenly, Josie realized she was lost. She had no oars with which to row back to land. Indeed, there was no land in sight.

''Ms. Bates? Ms. Bates!''

Josie shook herself free of the mind drift. She fought the urge to look at Archer. She wanted to ask him what she was supposed to do. They were painting a picture of a selfish man, a man out of control, a man concerned with money and not with life, a man who lied by omission or silence even to her.

Archer looked back at her, not with answers, but with demands. She waited for something to pass between them but what she heard instead was her father's voice.

You are supposed to fight
.

Her mother was there in her head, too.

Run away before this eats you alive.

She shook her mother's spirit away and held onto her father's. She was his daughter. If she ran she would lose herself and her purpose and, maybe worst of all, she would be abandoning Archer.

''I'm sorry, your honor.'' Josie cleared her throat and addressed the witness. ''Sir, was it your professional opinion when you reassigned my client that he was a danger to anyone's life?''

''No, it was not,'' he answered. ''I would have relieved him of duty if I thought that.''

''Was the excessive force complaint indicted?'' Josie asked.

''No, it was not.''

''Thank you,'' Josie muttered.

Cutting her losses, she went back to the table and sat beside Archer. When he leaned toward her, whispering that he and Lexi had only talked about that operation for Tim, that he had not taken on an excessive financial burden, that his edginess was normal, that no one could blame him for that Josie cut him off. They would discuss it later. Ruth Alcott was calling the lawyer for Lexi's estate. He didn't have much to say, but what he did say was indisputably damaging

Lexi had a minimal life insurance policy but she had an apartment building in Hermosa Beach and Tim, her son, was due to inherit after his mother's death. But Tim died first and it was established that Archer was next in line to take over that little piece of real estate.

''And how much did the defendant hope to gain?''

''Substantial income from the rental units should he retain the apartment building in Hermosa Beach and approximately four million if he had sold it at the time of her death. Of course,'' the witness said. ''The market has continued to appreciate so, today, the property could realize another million and a half.''

''Not bad,'' Ruth said with a grin, ''for taking out a retarded kid.''

''Your honor, that is outrageous!''

Josie objected to Ruth's base comment but even she had to admit there was something to be said for a motive that included that kind of money. She passed on the cross and Ruth called Mr. Hillerman, Pacific Park's attorney.

He had been present when Pacific Park made an offer of a settlement to Lexi. She refused any monies despite her husband's strenuous urging that she take her time and think about it. The defendant's wife was adamant. All she wanted from Pacific Park was for them to bury her son. They did so in the finest manner. No expense was spared.

Finally, Roger McEntyre took the stand. The day was ending and so was Ruth's presentation. Josie lay gasping for breath in this ring, trying to figure out how to go down with some glimmer of hope that she'd be back to fight another day.