Sleight of Hand (24 page)

Anything I should do over the weekend?"

"Rest, relax," Barbara said. "I'll begin working on my closing statement, but the evening before I call you we should spend a little time going over a few points."

"And I'm going to plant garlic," Frank said. "Rain or no rain, it's time."

Meg appeared startled. Then, with a faraway look she said, "I forgot about that. We always planted garlic in the fall. Like tulips and daffodils." She turned to Wally.

"Tomorrow, when we drive out, we have to stop at the nursery to buy garlic, and a few tulips and daffodils."

"I guess I know what I'll be doing over the weekend," he said with a grin.

As they walked out, Frank said to Barbara, "Good job, dodging that bait he was dangling."

"What was he up to?"

"I've been keeping an eye on that case and no announcement's been made yet, but the preliminary determination was suicide, before Hoggarth got involved. I think he was going to go there and there's no way you could refute it since that's all they've put out."

She felt a chill. It would have been damning if she had been the one to force the state's witness to state under oath that he had seen a report calling Connie's death suicide.

Shelley touched her arm and said slowly, "They don't really have much of a case, do they?"

"I just wish Cleopatra's barge had sunk on its maiden voyage, no reproductions, no copies, no little boat to gum up the works. Well, onward. See you in the morning,"

Barbara said.

In her car a few minutes later her hands tightened on the steering wheel when she realized how much Stephanie's appearance had shaken her, how she had lost focus, and how close she had come to sinking the one hope her case had.

Chapter 33

When Adele came forward to take the stand the next morning, she was resplendent in a dark red skirt that reached the tops of stylish leather boots that added an inch or more to her height. She wore a hip-length black silk jacket embroidered with red and gold roses, and under it a light red silk blouse. Several heavy gold necklaces finished her outfit. Queen of the Amazons, Barbara thought as Adele was sworn in.

Adele recounted her background. She had a double major in psychology and sociology from Johns Hopkins, and she was currently the director of the Eugene Women's Support Center, a position she had held for twenty-one years.

"Please tell the court exactly what the support center does," Barbara said.

"We offer counseling service of all kinds —psychological, emotional, financial, nutritional. We offer family planning, family and marriage counseling..."

Dodgson stood up. "Your Honor, I object to this line of questioning; as irrelevant to the trial at hand."

Barbara turned to Judge Wells. "May I approach?"

He motioned them forward. "Does this have relevance?" he asked Barbara.

"Yes. Ms. Wykoph is a trained psychologist with decades of experience in counseling troubled women. She will testify that Connie Wilkins was not suicidal, and that there was no reason for anyone to assume she was. And that goes to the heart of the defense."

The judge's scrutiny of her was shrewd and knowing. "Very well. You may proceed.

Overruled."

Barbara next asked Adele, "Do you routinely offer a physical fitness class, or self-defense class?"

"We offer it twice a year, in the spring and again in the fall. We engage Howard Steinman to conduct those classes."

"Do you offer courses in philosophy or religion?"

"No. Now and then we have workshops in meditation or yoga, but not on a regular basis."

"Does Howard Steinman teach philosophy along with his fitness routines?"

"Never. There is little or no discussion of any sort in his classes except about the techniques, and as soon as the class is over the women go to the dressing room, and he leaves the premises."

"In your opinion, does Mr. Steinman have the training or education to assess the emotional or mental condition of his students?"

Adele's lip curled slightly. "No. His training is in martial arts and computer programming. He has no advanced degrees and absolutely no training in psychology."

Barbara had Adele describe her long association and friendship with Connie Wilkins.

"Is two years an excessive period of time for grieving?"

"There is no norm. For some people it is a few months, for most it persists for over a year, into the second year and even beyond." Adele paused, then said, "Often the holidays, Christmas or an anniversary, for example, prove to be very difficult. That often persists for many years."

"Do you recall when Connie Wilkins lost her family? Her first husband and her son?"

"Yes. It was three years ago in March. The accident took place on March 25, and the funeral was March 29."

Barbara nodded. "What was Mrs. Wilkins's mental and emotional state during the past winter and spring?"

"She was starting to resume her volunteer work, and she had developed a keen interest in her stepdaughter and was making plans to take her on trips to museums, galleries, things of that sort. She was very forward looking and busy again."

"When was the last time you saw Mrs. Wilkins? Can you tell us about that occasion?"

"It was Friday, April 18," she said slowly. "It was the last day of the self-defense class and she came to my office for advice. She told me that Howard Steinman had asked her to go to a nearby coffee shop with him, and she didn't know how to tell him to stop wasting his time. She didn't want to hurt his feelings, but neither did she want his attentions."

"What was your advice?"

"I told her to tell him to get lost," she said. "I told her he always fell in love with someone out of reach, that it was not a new thing with him, and just to tell him to knock it off."

"Did she indicate that she would take your advice?"

"She said she'd tell him much the same thing, but find a nicer way to say it. We were both laughing."

"Did you know that he was sending her little gifts?"

"Yes. She brought them to the center and put them down in the general room where everyone wanders in and out. She wanted no part of them."

"Ms. Wykoph, in your professional opinion, was Connie Wilkins suicidal in April?"

"Not in April and not ever. She was never suicidal. She was grief-stricken, but her religious upbringing, her personal philosophy was such that she never once contemplated suicide."

"Thank you, Ms. Wykoph," Barbara said. She turned to Dodgson. "Your witness."

"Ms. Wykoph," he asked, "during the last few months that Mrs. Wilkins was a regular attendee at your center, were all your contacts with her during daylight hours?"

"Yes."

"You were never with her in the evening?"

"No, I wasn't."

"So you only know the face she presented to the world during those few daylight hours when you saw her. You can't say how well she was coping with the after-dark hours, the night hours?"

"She had no 'face.' She was very transparent," Adele stated.

"Move that the comment be stricken," he said. Judge Wells said it would be stricken.

"Let me rephrase the question," Dodgson said to Adele. "All you can really know about her behavior is what you observed during the few hours she was at the center.

Is that correct?"

"No, it isn't," Adele said. "As a clinical psychologist I am often called on to make a judgment about behavior that I don't see directly, based on the observations I make at other times."

"Ms. Wykoph, is it not true that people who are in mourning can and do hold down positions of responsibility and carry out their duties more than adequately if that is necessary? Teachers, teach. Doctors see their patients. Sales people serve their customers. And as far as the world is concerned they are as normal as ever. Please, just a simple yes or no answer. Is that not correct?"

She hesitated for a moment, then said, "That is correct."

"Is it not true that many people have different roles depending on circumstances?

The same person may seem one way with some groups, and altogether different with others?"

"It is true that some people have alternate personalities or personas that become dominant depending on circumstances and the situation. But those are not consciously assumed roles, they are integral to the psyche of the individual," Adele said.

Dodgson looked disgusted with her response. He moved in closer and asked in a grating voice, "Are you prepared to state positively that you know exactly how a person will behave when not in your presence?"

"No one could make such a statement," she said coolly.

He looked at the jury, spread his hands, shrugged, then turned his back on Adele and walked to his table, waving to Barbara on the way. "I have no further questions of this witness," he said. His body language and expression both said it wasn't worth continuing.

Barbara started her redirect examination.

"Ms. Wykoph, you said that Mrs. Wilkins did not have a 'face,' and that she was transparent. Can you give us a brief explanation of what you meant by those terms?"

"Objection," Dodgson said angrily. "Another lesson in Psychology 101 is irrelevant to the case of the State versus Wallis Lederer. In fact, I object to this whole line of inquiry concerning Mrs. Wilkins as irrelevant."

"I believe that for those of us who haven't had that course in Psychology 101, the terms are not self-explanatory," Barbara said. "And Mr. Dodgson's other objection has already been addressed by the court."

"Overruled," Judge Wells said. But he sounded a little weary as if he would like to end this dialogue as soon as possible.

Barbara repeated her question.

"If I may use the example the prosecution used, what I mean is that in the case of necessity forcing the person in mourning to perform routine chores, or to carry on with a work situation, that person is behaving in the way that is acceptable to others, but it is an act. There is little or no spontaneity, and little or no initiative. A depression deep enough to bring about suicidal thoughts is also fatiguing, mentally and emotionally, and is reflected in physical fatigue, lassitude. Or, more rarely, it is reflected in almost manic behavior that appears hysterical on occasion. When not actively engaged in a required response, that person most often appears withdrawn and remote. When Connie Wilkins was in her deepest period of mourning, she had no interest in the world or in others, and she never pretended she did. When her recovery period began last fall, she began to take an interest again, and it showed in her actions toward her stepdaughter, and later in her resumption of volunteer work, in her interest in regaining muscle tone, in planning for the future. She regained the spontaneity she had shown previously, and she had a desire to start new activities.

She never pretended anything."

"I see," Barbara said. "Will you also explain how it is that you can form a judgment about actions you don't observe directly, based on what you do see."

"It goes back to the points I just made," Adele said. "Spontaneity is not something one can pretend. Connie had recovered her physical and mental vitality, and those two attributes are impossible to sustain unless they are real."

"Earlier you said that even though one has recovered from mourning and has resumed a normal life, that person occasionally lapses into sadness again. Is it possible that Mrs. Wilkins became despondent and deeply depressed on a daily basis when she returned home after a busy day?"

"No. The reawakening of the feeling of loss is temporary and seldom lasts more than a day or two. It would not be a daily occurrence."

Barbara thanked her and said no more questions, and Adele left the stand. Every juror watched her as she left the courtroom. Also watching her, Barbara saw Stephanie again in the back row. Her stomach spasmed. If Stephanie felt trapped by testimony, would she leap up and make a dramatic courtroom confession? It would destroy her, her daughter, and it would destroy Barbara. But her desperation could easily override reason. Barbara turned to the bench again.

"Your Honor," she said, "at this time I would like to have my colleague read two statements which I will then submit as defense exhibits. One is from Mrs. Wilkins's sister, and the other is from her brother. They both live in Roanoke, Virginia."

Dodgson was on his feet to object before she finished speaking, and Judge Wells motioned them both forward.

"Ms. Holloway, Mr. Dodgson, I intend to call for a recess, during which I would like to discuss this with you both in chambers. Please bring the statements with you, Ms.

Holloway."

In his chambers, actually one large room with old furnishings, chairs covered with black leather that was showing cracks, a large globe on a stand and many pictures of young adults and children, the judge waved both attorneys to chairs. He was still in his robes behind a big, dark mahogany desk with many framed photographs on it.

He pursed his lips. "May I see the statements?"

She handed them to him. He motioned for her to sit and he began to read. When he finished, he leaned back and gazed at the ceiling for a minute or two, then said, "Mr.

Dodgson, have you had ample opportunity to examine the two statements?"

"Yes. They are just more of the same. It's a case of he said, she said and adding on to it doesn't improve matters. Neither of them can be cross-examined, to find out what else they had to say."

"Your Honor," Barbara said quickly, "it is important to my case to demonstrate that those closest to Connie Wilkins and who knew her best, knew she was not suicidal.

If Jay Wilkins was making frantic phone calls it was not because he believed she was. Also, Mr. Dodgson has had those statements since July. At any time he could have had his own depositions taken."

Judge Wells held up his hand. "What I propose is that you highlight the few lines that you think are indispensable at this time for your colleague to read. Mr. Dodgson, will you stipulate that the statements may be entered in their entirety, that the jury may read them when they begin their deliberation if they are so inclined?"

Dodgson looked doubtful and seemed ready to refuse when Judge Wells said, almost gently, "I advise you to so stipulate, counselor."

"Yes, Your Honor. No objection to that," he said.

He was objecting with every fiber of his being, Barbara suspected. When Judge Wells turned to her, she nodded. "I'll highlight the lines for Shelley to read."

He fumbled in a desk drawer and came up with a highlighter, and as she read over the questions and answers, he leaned back again with his eyes closed.

When she was done, he read what she had highlighted, then handed the pages to Dodgson, who read them with a fierce scowl. "Very well," the judge said, giving the pages back to Barbara. "Have those lines read. Who is your next witness?"

"The young man who worked at the dealership, Douglas Moreton."

"After your colleague reads the lines, I think it will be wise to have our luncheon recess. Clear the decks of this business, so to speak. Anything else?"

Neither had anything else to say and they were dismissed. Walking back to the courtroom, Barbara had to admire the judge. He was wise, patient and fair, just as Frank had said, and he also had his case completely under control and intended to keep it that way.

After the recess Barbara had Shelley read the question, then the answer. Soma's was first. "He called me at seven-fifteen and I realized it was only four-fifteen in Eugene.

He said he had been up all night, worrying, and he was afraid that Connie would harm herself, that she might be suicidal. I told him that was nonsense, and of course it was. She would never consider such a thing. I didn't take it very seriously, but I didn't know yet that she already had been murdered."

Nick Robbe's statement followed. "It was a little after four in the afternoon, and he repeated what he had said to my sister early that morning, that Connie might be considering suicide. I told him there was no way she would ever do that or even think that. He begged me to give him a call if we heard from her. He said she didn't have to get in touch with him or anything, but he had to know that she was alive and safe."