Uncommon Thief

by William Manchee

Chapter 51

  Final Witness

 

  The courtroom was packed with spectators and the press when Roberts walked in and put his briefcase on the defense table. He looked over at Whitehead who was studying his closing argument. He wondered if Maria had found him and asked about the witness.

  “You called me last night?” Roberts asked.

  Whitehead turned and grimaced. “Yeah. Haven’t you talked to Maria?”

  “No. I haven’t seen her since early this morning.”

  “Well, I gave her the name and address of the witness who came forward last night.”

  “A witness. A witness to what?”

  “Talk to Maria. You sent her to get the message, right?”

  “Yeah.”

  “Well. I gave it to her the information. So, it’s not my fault if she didn’t give it to you.”

  “Okay, fine. I’m sure she’ll be here soon.”

  A side door opened and a marshal escorted Fred to the defense table. Roberts and Fred shook hands.

  “Good morning,” Roberts said. “Your girlfriend has some information about a last minute witness. I hope she gets here soon.”

  “What kind of witness?”

  Roberts shrugged. “I don’t know exactly, but a woman contacted Whitehead with some new information. Whatever it is it better be good because as things stand right now the odds of an acquittal are not good.”

  Fred closed his eyes. “Oh God. Let it be good.”

  The door opened behind the bench and the bailiff came out and said, “All rise!”

  The judge came walking briskly through the door and took his seat at the bench. After shuffling through some papers on his desk he looked up and said, “So, do we have another witness or are going straight to closing arguments?”

  Roberts stood up. “Your honor. It turns out the witness we were hoping to have has been tragically killed.”

  He explained briefly to the Court what had happened in Canada.

  “Well, that’s unfortunate? So, you don’t have any more witnesses?”

  “No. We would like to recall Special Agent Harper to the stand to explain to the jury what happened to Sam Stewart and testify as to other relevant events that transpired in the last 48 hours.”

  “Mr. Whitehead. Any objection.”

  Whitehead shook his head. “No, your honor. I think it is a waste of time, but I can’t deny that it may be relevant to the issues before the court.”

  “Very well. Bailiff, bring in Special Agent Harper.”

  Harper walked in through the back doors and proceeded to the witness stand. The judge reminded him he was still under oath.

  Roberts smiled and began. “Agent Harper. You’re just back from Toronto, Canada, is that right?”

  “Yes.”

  “What were you doing up there.”

  “We got a tip that a suspected accomplice in the Bank USA robbery had been spotted in Toronto, so I went up there to check it out.”

  “Did you find Sam Stewart?”

  “Yes, he was living with his sister and when we confronted him he ran. So, the local police pursued him.”

  “Did they catch him?”

  “No. Unfortunately he tried to beat a freight train through a crossing and didn’t make it.”

  “So, he is dead?”

  “Yes.”

  “Did you find anything relevant to the Bank USA robbery in his possession?”

  “Yes. We found nearly $250,000 of money that was stolen in that robbery.”

  “Thank you, Agent Harper. Pass the witness.”

  Whitehead took the witness on cross and pointed out that the $250,000 was only a small portion of the $6.8 million that had been stolen, but when he tried to get Harper to speculate on what that meant, Roberts repeatedly objected and Whitehead finally gave up and the witness was excused.

  “Okay, Mr. Roberts. Do you have any more witnesses or do you rest?”

  “Yes, we are expecting a witness momentarily.”

  “Who is the witness?”

  “I don’t know her name, but Mr. Whitehead does. He’s talked to her.”

  “Your honor. The witness is Paula Dupree, but I didn’t tell her to come down and testify, so I don’t know why Mr. Roberts thinks she will be here.”

  The judge stiffened. “Mr. Roberts. Is this witness or her way or not?”

  Roberts looked toward the rear of the courtroom anxiously. “Well, I—” Suddenly the door opened and Maria rushed in, but she was alone.”

  “Your honor, if I can confer with Maria Shepard a minute I’ll get a status on our witness.”

  “Very well,” the judge growled. “We’ll take a ten-minute recess and when it’s over we will either hear from Mrs. Dupree or start closing arguments.”

  The judge stood up and hastily exited the courtroom. Maria rushed to Roberts and Fred and said, “She is coming. She should be here but she’s coming from San Bernardino so I can’t say how soon.”

  “Well, if she doesn’t make it in the next ten minutes I’m screwed,” Fred moaned.

  “I’m sorry, Fred,” Maria replied. “I was lucky to find her. Hell, I was lucky to find Whitehead this morning. She explained to them all she had been through.

  “Oh, my God,” Fred said. “What did I do to deserve you?”

  “Yeah, well you better be worth it,” Maria replied with only a glimmer of a smile.

  The back door opened and the bailiff came out again and said, “All rise!” Fred looked anxiously at the doors in the back of the courtroom. Roberts took a deep breath and grimaced. Maria looked at the judge worriedly.

  At that same moment the doors at the back of the courtroom swung open and a tall brunette strolled in wearing a Savon Drug Store uniform. Everyone in the courtroom turned to see her. Maria rushed over to greet her.

  “Paula. You made it. Just in the nick of time.”

  The judge took the bench and said, “Mr. Roberts. It looks like you have a witness.”

  “Yes, your honor. The defense calls Paula Dupree.”

  Mrs. Dupree smiled as the bailiff escorted her to the witness stand. After she was administered the oath she testified to everything she’d told Whitehead the night before and Maria over the phone. Neither Roberts nor Whitehead knew for sure what impact the testimony would have on the trial but one thing was clear, the jury found the testimony very interesting.

  “Alright. Mr. Roberts. Are we done?”

  “Yes, your honor the defense rests.”

  “Mr. Whitehead?”

  “Yes, your honor. Nothing further, we close.”

  "Alright then, Mr. Whitehead,” the judge said. “You may give your closing argument."

  Whitehead nodded, stood up and approached the jury box. "Your Honor, ladies and gentlemen of the jury, for the past week and one half, you've heard the story of Fred Fuller, an excellent student, Eagle Scout, Congressional Intern, honest, dependable, and loved by all. That may all be true. We don't dispute Mr. Fuller's past. But a strange thing happened to Mr. Fuller. He was tempted by fate, not just once but twice tempted. The first time, he resisted the temptation. You remember the testimony of Mr. Sinclair where he told you Fred called him when he found the vault open and stood there guarding the bank’s money until someone could arrive to secure it?

  "But I ask you, ladies and gentlemen, was Fred Fuller really such an honest person, or was he just unprepared to take advantage of the opportunity to steal the bank's money the first time around? You see, the first time, Fred was caught off guard. He had no plan, and he hadn't considered the fact that someone would be so dumb as to leave the vault open. So, he had no choice but to report the vault open because it would be too dangerous to concoct a plan in the five or ten minutes that a decision had to be made.

  "But don't you think those wheels began to turn in Fred's head after he watched them close the vault on over six million dollars? Don't you think he was kicking himself for not being prepared to grab that money and run? Don't you think he
went through the mental exercise of planning what he should have done? I bet it was the subject of conversation with his friends and relatives. Obviously, he didn't know if he would ever get a second shot at the money, and frankly, it's amazing that the vault could have been left open a second time. But it happened . . . and this time, Fred was ready for it.

  "You remember the testimony of Cindy Brolin, the assistant cashier. She testified when she left the bank just before 5:00 p.m. that the vault was still open. Now, the defense has tried to suggest a lot of different theories of things that could have happened, but you must remember speculation is not evidence. You can only consider the evidence that has been presented. There has been no evidence that anyone was in the San Bernardino branch of Bank USA after 5:00 p.m. on the day of the robbery other than Fred Fuller.

  “Now you heard from a last minute witness that another messenger showed up before Fred Fuller and went in the bank and came out with some bags. But that doesn’t prove anything. We don’t have any evidence as to what was in the bags nor of the identity of this mystery messenger.

  "We know Fred picked up a number of bags after 5:00 p.m. on the day of the robbery. We know his fingerprints were found inside the vault and on the tape that was used to bind and gag Harvey Hamlin. We know he was familiar with the vault having a previous encounter with an open vault at this same branch. Now we don’t know if Harvey was in the heist and Fuller double-crossed him so he could have all the money for himself, but either way Fred Fuller is culpable for this crime. Ladies and gentlemen, there has been no other explanation presented of what happened at the bank on that fateful day that has been supported by one shred of credible evidence during the course of this trial. I submit to you that our version of the facts is the truth.

  "Ladies and gentlemen, at the beginning of this trial, we discussed the burden the government has to prove its case. That burden is to prove its case beyond any reasonable doubt. We believe we have met our burden. It is quite obvious that Fred Fuller found the vault open a second time or conspired with Harvey Hamlin to rob the bank and made a decision to steal the over six million dollars he knew was in the vault. Now what exactly happened to Harvey Hamlin, we'll never know. No one will ever know. The medical examiner testified that Harvey Hamlin died of a heart attack. Maybe Fred Fuller didn't intend to kill Harvey. Maybe Harvey Hamlin was alive when he was bound and gagged and left in the vault. It doesn't matter. The fact is, he died during the commission of a bank robbery. Under California law, that constitutes murder, and Fred Fuller must be held accountable.

  "Ladies and gentlemen of the jury, it’s time now for you to perform your duty. It's time for you to find Fred Fuller guilty of the murder of Harvey Hamlin and guilty of the robbery of Bank USA. Thank you for your attention, and may God be with you in your deliberations."

  "Thank you, Mr. Whitehead," said Judge Sessions. "Now. Mr. Roberts, please give us your closing argument."

  "Yes, Your Honor. Ladies and gentlemen of the jury, if there is anything we know after a week and a half of trial, it is that no one knows what happened on October 20, 1967. You have heard a lot of circumstantial evidence that Fred Fuller was at the bank or near it during the time of the robbery, and because of that, it is assumed he committed the crime. Ladies and gentlemen, you are all aware of the great American tradition that a man is presumed innocent until proven guilty. That's where we started in this trial. Fred Fuller was innocent the day we started this trial, and, guess what. . . . he's still innocent today, because the United States has been unable to prove its case beyond a reasonable doubt.

  "Through the course of this trial, several witnesses have discussed different scenarios of what might have happened on October 20, 1967. Each one of those possible explanations is just as plausible as what the United States would have you believe about Fred Fuller.

  "We have produced witness after witness who all testified that murder and robbery was totally out of character for Fred Fuller. You have seen Fred is a model student, a leader, an Eagle Scout, a deeply religious person who has ambitions to be a lawyer and politician. It doesn't make any sense that Fred Fuller could have committed these crimes.

  "Not only is there some reasonable doubt of Fred Fuller’s guilt, but there is substantial doubt as to his guilt. The only serious piece of evidence the United States has is one lone fingerprint on a teller's cart inside the vault, prints on the packing tape and fingerprints on the locking mechanism on the door of the vault. But you heard the witnesses testify that the fingerprints could have been placed on that teller's tray before it was wheeled into the vault. In fact, it could have been placed there several days before the robbery ever took place. We know that Fred Fuller helped Harvey Hamlin close the vault the first time he left it open. And, the packing tape was kept in the kitchen where Fred could have easily picked it up prior to the robbery since he went into that kitchen on a daily basis.

  "Ladies and gentlemen, the government desperately wants to solve this bank robbery and the murder of Harvey Hamlin. They want to solve it so badly that they picked the first person that fit their profile for a suspect. As you will recall, just two days after the robbery, another messenger, Sam Stewart, quit his job and disappeared. Isn't this quite a coincidence? Isn’t it rather strange that the government is not pursuing Harold Clifford, who refused to testify in front of this court on grounds he might incriminate himself? Doesn’t that tell you he was somehow involved?

  What about Jake Johnson, who came in late to the motor pool? He could have easily taken a detour to the San Bernardino branch to participate in some manner in the robber. It’s very likely he is the mystery messenger that Paula Dupree testified about. It’s curious that he was also the messenger when the Venice Beach branch was robbed. Doesn't all this leave a reasonable doubt in your mind about Fred Fuller's guilt?

  "Ladies and gentleman, look at Fred Fuller. Does he look like a murderer? In a week and a half, have you heard one thing negative about him other than his short fling with a pretty bank teller? What red-blooded young man hasn’t been lured away at one time or another by a pretty woman? That doesn’t make him a thief or a murderer.

  "The time has now come for you, as jurors, to decide Fred Fuller's fate. We are confident you will make the right decision and give Fred Fuller back his life. Make the government go out and find the real perpetrators of these heinous crimes. If you have any reasonable doubt as to Fred Fuller's guilt, set him free. Don't take a chance on putting an innocent man in jail for the rest of his life. Thank you, ladies and gentleman, for the patience and consideration you have shown throughout this trial. Good luck, and may justice be served.”

  "Thank you, Mr. Roberts," said Judge Sessions. "I believe it’s about time to send the case to the jury. We'll adjourn for thirty minutes and resume at 3:30 p.m. I'll take any motions before sending the jury into deliberations. Court adjourned until three 3:30 p.m."

  During the break, the deputy on duty allowed Fred to watch television. The afternoon news was on.

  "Good afternoon, ladies and gentlemen. This is George Putnam with the Channel 4 afternoon news update. Well, in federal court in LA, it was the final day of the Fred Fuller murder trial. In testimony today, the defense put on its final witnesses, a woman who claims to have seen another messenger enter the bank and leave with several bags full of something. Could it have part of the $6.7 million that was stolen from the bank? Earlier in the trial another witness, Harold Clifford, invoked the Fifth Amendment and refused to talk. This led to speculation that Mr. Clifford may be somehow involved in the robbery. Legal experts observing the trial indicate that while the testimony was favorable to Mr. Fuller, it was far from conclusive, and it’s anyone’s guess what the jury verdict will be. After both sides give their closing arguments today, Judge Sessions is expected to send the case to the jury with deliberations beginning tomorrow.”

  At one thirty, the Judge entered the courtroom. He asked the bailiff to bring in the jury. There
was great anticipation of the panel's imminent deliberations. Fear paralyzed Fred. Twelve strangers would soon be determining his fate as a human being. He knew he was innocent, but would the jury come to the same conclusion? He prayed to God they would.

  The jury finally was seated, and the Judge instructed them on how they were to conduct their deliberations. He explained the law and how they should not come back until they were ready to render a verdict. He thanked them and asked the bailiff to escort them to the jury room.

  "Alright. This court will be adjourned pending the jury's deliberations," the Judge ordered.