The Fugitive (10 page)

A
month earlier, the identity of Bobby Escobar had been revealed during a closed-door hearing before Judge Gantry. Jack Hogan had kept his name a secret until the last possible moment, but the rules of procedure required that all witnesses be named before the trial. Judge Gantry had delivered a stern lecture: Any unauthorized contact with Bobby would result in harsh penalties. Tampering with a witness was itself a crime, a serious one, and Judge Gantry would not hesitate to punish anyone who tried to intimidate him. The judge's comments were specifically aimed at Clifford Nance and his defense team, and at one point Nance had objected by saying, “Your Honor, with all due respect, you seem to be implying that we would engage in criminal activity. I find this offensive.”

To which Judge Gantry replied, “Take it any way you want, Mr. Nance. But no one says a word to this boy, okay? I'll be closely monitoring his situation.”

The police moved Bobby to a secret location and gave him security around the clock. He had limited access to his friends and family. He went to work each day at the golf course with a cop in plainclothes nearby.

It took Theo almost a week to find out where he was staying. Julio spilled the beans one day during recess at school. Julio said Bobby was even more frightened and wished he'd never come forward; said he was painfully homesick and worried about his mother back in El Salvador. She was ill and wanted him to come home. He was threatening to disappear into the vast underground that brought him to Strattenburg in the first place. He wished he'd never found the job at the golf course. Theo urged Julio to convince his cousin to stand firm, be brave, and all that, but even Julio was having second thoughts about getting Bobby involved. He said it was easy for Theo to believe in doing what's right and to believe in justice the American way. But Theo didn't understand what it was like living illegally, unwanted, afraid all the time, unable to speak the language, and constantly worried about being arrested and deported. Bobby didn't trust the police because they spent a lot of time rounding up illegals and putting handcuffs on them. Sure, they were being nice to him now, but what about life after the trial?

Watching Jack Hogan, and hearing Bobby's name tossed around the courtroom, Theo was having second thoughts of his own. He was responsible for finding Bobby and getting him involved.

Things would get worse.

When court was called to order, Judge Gantry said, “Mr. Nance, you may make an opening statement for the defense.”

Nance rose importantly and strolled across the courtroom to the jury box. As usual, he began with a bang. Loudly, and with great drama, he proclaimed, “Bobby Escobar is a criminal. He violated the laws of this great nation by illegally crossing our border for economic gain. He has been living here, illegally, while enjoying the benefits of our country. He has a job, one to which he is not entitled, while many of our citizens remain unemployed. He has three meals a day, while ten million American children go to bed hungry every night. He has a roof over his head, while half a million Americans are homeless. When he is sick, he is allowed to go to our hospital for excellent health care, courtesy of the taxpayers.” Nance stopped and walked to the other end of the jury box. He glared at the jurors, then continued, “Why is he not in custody? Why is he not being deported back to El Salvador? The answer, ladies and gentlemen, is because Bobby Escobar has cut a deal with the police and the prosecution. He's figured out a way to stay in this country, and not only stay here but to live here without fear of being arrested. He has become a star witness in this case. He will take this witness stand, and when he does he will say anything the police and prosecution want him to say. And after he testifies, he will not be arrested, he will not be deported. Why? Because he has cut a deal. In exchange for his bogus and unreliable testimony against my client, Mr. Pete Duffy, he will be treated differently from all other illegal immigrants. He will be given a special status, that of immunity. Immune from deportation. Immune from the punishment that our law says he deserves. He will be protected by the police and prosecution while they scramble around and try to find him a work permit, perhaps even a green card. Who knows, perhaps they've even promised him the fast track to US citizenship.” Another pause as he walked to the other end of the jury box. All jurors watched him closely. He spread his arms and said, “Ladies and gentlemen, let's not be fooled by a desperate man. Bobby Escobar will say anything to avoid prosecution. He'll say anything to stay in this country.” He looked into the face of each juror, and slowly walked back to the defense table.

That was it! The shortest opening statement in the history of American law.

• • •

Over lunch at Pappy's Deli, Ike said, “Brilliant, just brilliant. He zeroed in on the strongest piece of the prosecution's case and destroyed the credibility of Bobby Escobar.”

Theo, who'd had a knot in his stomach ever since Clifford Nance sat down, said, “You think the jury will believe Bobby's lying?”

“Yes I do. Clifford Nance will destroy him on cross-examination. The jury is already suspicious. You need to understand, Theo, that immigration is a red-hot issue in this country. According to the experts, we, as a nation, are split right down the middle when it comes to undocumented workers. On the one hand, many people realize that these people primarily do the jobs that nobody else wants to do. But on the other hand, there are thousands of small businessmen who can't compete with the cheap wages paid to illegals. I'll bet that most of the people on the jury know of someone who lost his or her business because they wouldn't hire undocumented workers. They resisted the temptation to cut corners, and they paid dearly for it when they closed their doors. Illegals are paid in cash, and they often earn far less than the minimum wage. There is a lot of anger out there directed at people like Bobby Escobar.”

“But Waverly Creek is the finest golf course around. Why would they hire undocumented workers?”

“To save money, and lots of it. Plus, Theo, they don't always know. There's a lot of fake paperwork around. Some employers don't ask questions. Often, the guy who owns the business will hire a smaller company to do the dirty work and look the other way. In Bobby's case, there's a good chance he works for some small-time landscape company that has a contract with the golf course. It's a murky world and evidence is hard to find. It's easy to just ignore things and save money.”

Theo, who hadn't touched his sandwich, asked, “Okay, what happens to an employer who gets caught using undocumented workers?”

“He gets busted, pays a big fine. But that rarely happens. There are too many workers and too many employers willing to pay cash and get the cheap labor. Eat your lunch.”

“I'm not that hungry. In fact I feel kind of sick. I wish I'd never dragged Bobby into this mess.”

“This mess was started when Pete Duffy killed his wife. It's not your fault, or mine, or Bobby's. A crime often drags in innocent people, people who would rather not get involved. That's just the way it goes. If witnesses were afraid to testify, a lot of crimes would never be solved.”

Theo managed to nibble around the edges of his sandwich, but he had no appetite.

• • •

The afternoon session began when Jack Hogan called the first witness for the prosecution. Her name was Emily Green and she was the younger sister of Myra Duffy. After she was sworn in, she sat in the witness chair and tried to smile at the jurors. She was obviously nervous, as were most folks when they were put on the stand. Jack Hogan slowly walked her through the events of the day when she found her sister dead. They were supposed to meet for lunch, and when Myra didn't show up, Emily began calling. When there was no answer she suspected something was wrong because her sister usually had her cell phone in hand. Emily hurried out to Waverly Creek, to the Duffy home, found the front door slightly open. She stepped inside and there was Myra, lying on the living room carpet. There were no signs of a struggle, and at first she thought Myra had simply fainted, or maybe had a heart attack. She checked her pulse, and when she realized she was dead, she panicked and called 911. As she told her story, she became emotional but managed to keep her composure.

Clifford Nance rose and said he had no questions on cross-examination. Emily Green was excused as a witness and took a seat in the front row behind the prosecution.

Jack Hogan called his next witness, Detective Thomas Krone. After a few preliminary questions, Detective Krone described the crime scene. A large photo was displayed on the screen, and the jurors got another look at Myra Duffy as she was found on the carpet. She was wearing a pretty dress; her high heels were still on her feet. Hogan and Krone went through every detail of the photo. The next one was a close-up of her neck, and the detective explained that as he first examined the body he noticed a redness and slight puffiness on both sides of her neck, just under the jawline. He immediately suspected strangulation, and moments later, when Ms. Green was being tended to by another detective, Krone opened the right eye of Myra Duffy. It was completely red, and he knew at that time that he was dealing with a murder.

Other photos showed cabinets and drawers the murderer had opened, with items strewn about, all in an effort to make the crime look as if it had been first a robbery, then a murder. Missing were some vintage watches owned by Pete Duffy, three handguns from his collection, and several pieces of Myra's jewelry. These items had never been found. There was a photo of the front door, the patio door, found closed but unlocked, the alarm panel in standby mode. Hogan used an aerial photo for Krone to give the jury a clear picture of the Duffy home and its closeness to the sixth fairway on the Creek Course. Other photos showed the front and sides of the house, all heavily shaded and secluded, the point being that the place was very private. A number of fingerprints had been lifted from the doors, doorknobs, windows, cabinets, drawers, jewelry cases, and the antique mahogany box where Mr. Duffy kept his watches. The fingerprints matched only those of the Duffys and their housekeeper. This was to be expected since they lived and worked there, but it also proved that the killer either wore gloves and was very careful, or the killer was either Pete Duffy or the housekeeper. The housekeeper was not on duty that day. She had a solid alibi.

When they finished with the photos, Jack Hogan displayed a large diagram of Waverly Creek and walked Detective Krone through the locations of the Duffy home, the three golf courses, the clubhouse, and so on. According to the computer log in the golf shop, Pete Duffy teed off on the North Nine that morning at eleven ten, alone. The weather was not good and there were very few golfers on the three courses. He was using his own golf cart, as opposed to walking the course, and according to tests they had performed, he was either on the fourth or fifth hole at the time of his wife's death. Riding in a cart identical to his, a person could travel from the fourth or fifth hole to the Duffy home in about eight minutes.

As far as Detective Krone could determine, no one had seen Pete Duffy racing from one course to the next in an effort to hurry home. No one saw him return to the North Nine after the time of his wife's death. No one had been seen entering or leaving the Duffy home. No neighbor reported a strange vehicle near the house, but, then, privacy was expected at Waverly Creek. They lived behind gates “out there,” and the neighbors were not accustomed to watching the streets. All in all, it had been a perfectly quiet morning with nothing unusual reported, until, of course, Emily Green showed up.

Detective Krone testified that he and his team were in the house for almost ten hours. He was there when Pete Duffy arrived in a rush around two thirty and saw his wife still on the floor. He appeared stunned and distraught.

Like all good prosecutors, Jack Hogan was slow and methodical, but he began repeating questions that sought the same answers. After two hours, Clifford Nance began to object, but Judge Gantry was in no hurry. When Hogan finally said, “No further questions,” the judge announced a fifteen-minute recess.

Theo hated to admit it, but he was getting bored. It was almost four p.m., and school was out. He wanted to find Julio and make sure Bobby was okay, but knew that wouldn't happen. Bobby was being guarded and Julio had little contact with him.

Ike said, “I think I've had enough for one day. Are you staying?”

Ike, of course, had the luxury of watching the entire trial. Theo's time was limited. He replied, “I guess so. Who's the next witness?”

“Well, first Clifford Nance gets a crack at Detective Krone. Not sure he'll get much, but he'll try and beat him up.”

“Might be fun. I'll stick around. See you tomorrow.”

Ike tapped him slightly on the knee and left. Theo wanted to pull out his phone and text Mr. Mount, but didn't dare. In Judge Gantry's courtroom, anyone caught using a cell phone was escorted out, banned from coming back, and fined a hundred dollars. Not even Theo could talk his way out of such a jam. The phone stayed in his pocket.

Clifford Nance began his cross-examination of Detective Krone with a few simple questions. He established that Myra Duffy stood five feet, seven inches, and weighed 131 pounds at the time of her death. She was forty-six years old, fit and healthy, and had no physical limitations, as far as Krone knew. She played a lot of tennis, jogged occasionally, and was really into yoga. Pete Duffy was three years older, four inches taller, and weighed 175 pounds. According to his own statement, he exercised little and smoked two packs a day. In other words, she was not a small woman; he was not a large man. She was in better shape than him.

Was it reasonable to believe Pete Duffy could grab his wife, get his hands around her neck, and strangle her to death without the slightest evidence of a struggle? She had no broken fingernails to indicate she resisted. He had no scratches on his hands, arms, or face to indicate a desperate fight.