The Undertaker's Widow (20 page)

The attorneys were raring to go when Quinn took the bench Monday afternoon to hear the motions in
State v. Crease
. Cedric Riker looked bright-eyed and dressed for success. He was always most excited when the gallery was full and the press was in attendance. Mary Garrett looked intense. She was wearing a gray pinstriped suit that was all business.

It was Ellen Crease that Quinn studied most intently. Her black dress reflected a somber mood, but she seemed unafraid. Crease did not slump in her seat or look down as Frederick Gideon had. From the moment Quinn took the bench she sat square-shouldered and straight-backed, coolly confident and self-assured.

Quinn let his eyes rest on Crease for a moment too long. She sensed the judge's interest and turned her head toward him. Quinn colored and looked down at a pleading on the dais. He recovered his composure just as Lamar Hoyt, Jr., entered the courtroom. Quinn saw Junior smirk at Crease, who flushed with anger, held his stare long enough to let him know that she was not intimidated, then turned her attention to the proceedings. Just before she did, Quinn noticed Ryan Clark sitting in the back of the courtroom. Quinn had met Benjamin Gage's administrative assistant at a Republican fund-raiser. Quinn was not surprised to see Clark, given Gage's interest in the outcome of Crease's case.

“Good morning, Counsel, Senator,” Quinn said. “For the record, this is the time set to discuss the motions filed by the parties in this case. Am I correct that only the motion to suppress the evidence found in Senator Crease's bedroom will require me to hear witnesses and that I'll be deciding Ms. Garrett's hearsay objections to the testimony of Karen Fargo and Conchita Jablonski after reading the briefs and affidavits you have submitted?”

“That's correct, Your Honor,” Mary Garrett said. Riker nodded his agreement.

“Why don't you state your positions? Then we'll hear the witnesses in the motion to suppress.”

Riker sat down and pulled a legal pad in front of him.

“We are asking the Court to suppress all of the evidence obtained as a result of the warrantless search of my client's bedroom by Detective Anthony and Gary Yoshida of the crime lab after the crime scene was released back to my client,” Garrett told Quinn.

“I want to be clear on this,” Quinn interrupted. “As I understand it, you have no objection to the introduction of any evidence found in the bedroom on the evening of the murder?”

“That's correct,” Garrett responded. “The police were legally on the premises at that time. The bedroom was a crime scene, there were two dead bodies present. The situation changed when the bedroom was released back to Senator Crease. After that point, it became incumbent on the authorities to obtain a warrant to search the bedroom.”

“I'm with you. Now, why don't you think the search was legal?”

“The obvious reason is that the search was conducted without a warrant when the police had adequate time to obtain one. Our second point is that James Allen,
the houseman, was coerced into opening the locked bedroom for the police. Finally, even if he was not coerced, Mr. Allen had no authority to let the police into his employer's locked bedroom.”

“Thank you, Ms. Garrett,” Quinn said as he made some notes. “Mr. Riker?”

Riker stood slowly, then paused for effect before shaking his head.

“Your Honor, this whole motion is a ridiculous waste of time. There is a well-recognized exception to the warrant requirement that permits the police to search without a warrant if emergency conditions make an immediate warrantless search necessary to prevent the destruction of evidence. If Detective Anthony and Officer Yoshida had waited to search the bedroom, the most important evidence in this case would have been destroyed.

“Even if exigent circumstances did not exist, the entry into the bedroom was perfectly legal. The defendant was in eastern Oregon campaigning. In her absence, Mr. Allen was in charge of the house. He had authority to let people into the bedroom and he let Detective Anthony and Officer Yoshida into the bedroom willingly. The courts have long recognized that third parties may give binding consent to officials to search the premises of a defendant and seize evidence found inside the premises. This is an exception to the requirement that the police obtain a warrant before searching and to the requirement that the person searching have probable cause to believe there is evidence of a crime in the place searched.”

“As I understand it,” Quinn said, “it's the position of the defense that the person who gave consent did not have the actual authority to give it.”

“We disagree with that assertion, but it would make no difference if the defense was correct, Your
Honor. Even if Mr. Allen did not have actual authority to let the officers into the bedroom, he appeared to have that authority. As the Court knows, if a police officer has a reasonable belief that a person has authority to consent to a search, a warrantless search will be legal, even if it turns out that the officer was mistaken.”

“Okay. Why don't you call your first witness, Ms. Garrett?”

“Senator Crease calls James Allen, Your Honor.”

James Allen took the oath and sat in the witness box. He looked uneasy.

“Mr. Allen, how are you employed?”

“I work … worked for Mr. Lamar Hoyt as his houseman until his death. I am now employed in that same capacity for your client, Ms. Crease.”

“Do you remember the time, several days after Mr. Hoyt was murdered, when Detective Anthony and an Officer Yoshida came to the estate and told you that they wanted to reenter the master bedroom?”

“Yes, ma'am.”

“Did either gentleman show you a search warrant?”

“No.”

“What reason did they give you for wishing to look at the room?”

“Detective Anthony told me that there were loose ends in the investigation that needed to be tied up and that they had to look at the bedroom again to do that. He was never very specific.”

“Where was Senator Crease on that day?”

“She was campaigning in eastern Oregon.”

“What did you tell Detective Anthony when he asked to look in the bedroom?”

“I told him that Ms. Crease had given me strict orders to let no one into the bedroom except the cleaning people, who were coming the next day.”

“What happened when you told Detective Anthony that you had strict orders not to let anyone but the cleaners into the bedroom?”

“He said that Ms. Crease couldn't have meant to keep out the police. He said she probably just wanted to keep reporters out.”

“What happened next?”

“I told the detective that he was probably right, but I didn't feel that I could let him in without speaking to Ms. Crease, so I tried to get in touch with her at her hotel in Pendleton. Unfortunately, she was not in.”

“What happened after you told the detective that you couldn't reach Senator Crease?”

Allen looked nervous. He licked his lips. “Uh, well, at that point, Detective Anthony became quite agitated. He reminded me that he was investigating Mr. Hoyt's murder and said that any evidence in the room would be destroyed by the cleaners if I waited to talk to Ms. Crease before letting them into the room.”

“You said that Detective Anthony grew agitated when you refused to let him into the bedroom. Please describe his demeanor.”

“His tone grew sharp and he leaned very close to me. He was quite insistent.”

“What did you do after his demeanor changed?”

“I … I didn't want to impede the investigation, so I gave Detective Anthony the key to the bedroom.”

“Thank you, Mr. Allen. Your witness, Counselor.”

Riker stood up and walked over to James Allen.

“Good morning, Mr. Allen,” he said in a tone that lacked sincerity. Allen nodded.

“It's in your best interest to say things that help the defendant, isn't it?”

“Pardon me, sir?” Allen asked, clearly offended by the question.

“The defendant pays your salary. You're dependent on her for your living, for the roof over your head?”

“I have testified to the truth, Mr. Riker,” Allen answered with great dignity.

“Certainly. But what I've said is true, is it not?”

Allen started to say something, then thought better of it and ended by answering, “Yes,” tersely.

Riker opened a thick folder and reviewed some papers. He selected one of them and looked up at the witness.

“Mr. Allen, have you ever been convicted of a crime?”

Allen paled and answered, “Yes,” in a shaky voice. “What crime was that?” “Man … manslaughter.”

“You stabbed a man to death in a bar fight, did you not?”

Allen looked like he was going to be sick.

“Please instruct Mr. Allen to answer, Your Honor,” Riker asked the Court.

“Please answer the question,” Quinn instructed the witness.

“That is true,” Allen answered.

“Did you know about this?” Garrett whispered to Crease.

“Yes, but I forgot. It's ancient history. James is gay. When he was eighteen, two men attacked him. They were gay bashing. James had a knife and he fought them off. Lamar said that it would have been self-defense, but James ran the men down after they quit the fight and killed one of them. He gave James a break when he got out of prison and hired him. He hasn't been in trouble since.”

“You're the housekeeper at the Hoyt estate, right?” Riker asked Allen.

“Yes.”

“When Mr. Hoyt and the defendant were away, you were in charge of the house, weren't you?”

“Yes.”

“That's why you had the keys to all the rooms, including the bedroom?”

“Yes.”

“And you could go into any room in the house to clean or to get something, right?”

“Yes.”

“In fact, it was part of your duties to let people, like the cleaners, into various rooms in the house, including the bedroom, when Mr. Hoyt and the defendant were away?”

“Yes.”

“Mr. Allen, did you like Mr. Hoyt?”

“Yes, sir.”

“You'd worked for him for more than twenty years?”

“Yes.”

“And you wanted his killer brought to justice?”

“Yes.”

“How did you feel when Detective Anthony told you that keeping him and Officer Yoshida out of the bedroom might lead to the destruction of evidence that could prove who killed Mr. Hoyt?”

“I … Well, I didn't want to be responsible for something like that.”

“So you wanted the officers to enter that bedroom, didn't you?”

“I … I guess … Yes. I wanted to help.”

“Thank you, Mr. Allen,” Riker said before turning away from the witness and returning to his seat. Quinn noted Riker's satisfied smile and the brief look of concern on Garrett's face.

“If I might, Your Honor,” Garrett said.

“Certainly.”

“Mr. Allen, your instructions from Senator Crease were quite explicit, were they not? Didn't she tell you to keep the bedroom locked and let no one but the cleaners into it?”

“Those were my instructions.”

“She did not tell you to make an exception for the police, did she?”

“No.”

“You made it clear to the officers what your instructions were?”

“Yes.”

“And when you refused Detective Anthony admission, that is when he became agitated, sharp with you and demanding?”

“Yes.”

“Did his tone have anything to do with your decision to give him the bedroom key?”

“Well, he was a policeman and he seemed very upset with me. I didn't feel that I could refuse him.”

“Nothing further.”

Riker was already on his feet. “Mr. Allen, did the defendant give you specific instructions to keep the police out of the bedroom.”

“No.”

“So you never discussed with the defendant what you should do if a policeman came to the house and needed access to the bedroom so he could try to secure evidence that would help find Lamar Hoyt's murderer?”

“No.”

“Before you gave Detective Anthony the key, did you try to figure out what the defendant would have told you if you had been successful in talking to her in Pendleton?”

“I … Yes, I did.”

“Was it your impression that the defendant wanted her husband's killer found?”

“Most assuredly.”

“So you concluded that she would never want to impede the investigation, didn't you? That she would have gladly allowed the police access to that bedroom if it would help find her husband's killer?”

Allen looked down and answered, “Yes,” in a tone so low that Quinn had trouble hearing him.

“And that was why you gave Detective Anthony the key, wasn't it? Not because he grew sharp with you, but because you realized that his agitation stemmed from his desire to solve the murder of your employer of twenty years? Isn't that so?”

“I … I guess … Yes, that had a lot to do with it.”

“Thank you, Mr. Allen,” Riker said with a self-satisfied smile.

Quinn asked Mary Garrett if she had any other questions for the witness. Garrett thought about trying to rehabilitate Allen, but she realized that the damage had already been done. She dismissed the witness. Allen took a seat in the back of the courtroom. He looked very upset.

“How bad were we hurt?” Crease asked in a whisper.

“Riker did a good job. We can argue that Allen was bullied into consenting to the search, but Riker can argue that he was only doing what he thought was best and that he had concluded that you would have consented, too.”

“Would it do any good to call me as a witness?” Crease asked. “I definitely told Jim to keep the bedroom locked, except to let in the cleaners.”

“Riker would ask you if you intended to keep out police officials who were trying to solve the murder of your husband,” Garrett answered. “We both know how you would answer that question.”