The Ultimate Resolution

by Dave Sullivan

  Jake stood quickly. "No, your Honor," he answered, "but something has come to my attention for which I need a moment, and since we are near the afternoon break . . ."

  "All right," interrupted the judge, "we will recess for fifteen minutes. But Mr. Kingsley, I expect you to permit the defense to go forward with their case without interruptions or distractions from you. Is that clear?"

  "Yes sir," said Jake.

  Out in the hall, Bert Hanson introduced Jake and Charles Stanton to Detective Jack Green. Jake noticed a Minneapolis Police Officer standing nearby. The four men chatted for most of the break period. Bert Hanson did most of the talking. Jake asked a few questions.

  As they went back into the courtroom, Professor Stanton asked, "What are you going to do?"

  "Watch and hang on for the ride." said Jake.

  Phillip Marquard resumed the witness stand and continued his praise of Cherokee, citing its leadership in the industry in the design and manufacture of farm and related equipment. Jake was busy making notes on the legal pad in front of him.

  Finally, Everett Whittemore said, "Your witness."

  Jake rose slowly from his seat at the Plaintiff's counsel table. He walked slowly and deliberately toward the clerk's table where the exhibits were piled. He selected the Operator's Manual from the exhibits and approached the witness box. He placed the manual in front of Phillip Marquard and began asking questions about it. He reviewed the "Safety Suggestions" on page 18. He went through the same cross-examination he had used with Richard Ellington, when he had testified.

  Ellington had handled the cross fairly well, but Phillip Marquard was better. He testified with an air of superiority and confidence, but not in a way that was patronizing to the jury. As he spoke, he exuded pride in his company and its products. He was good. He had been well prepared by defense counsel. Jake expected this. He wanted to ask some questions that would give the witness an opportunity to perform. For what was coming, he wanted Marquard to feel confident . . . perhaps overconfident. Jake must have been successful. Marquard certainly appeared confident as he left the witness stand and returned to his seat behind the rail next to Dick Ellington.

  The four lawyers were bent over in a huddle at defense table, whispering to each other.

  "Your next witness, Mr. Whittemore?" asked Judge Hawthorne.

  After a few more whispers among defense counsel, Everett C. Whittemore stood and addressed the Court. "The Defense rests, your Honor." He nodded to the jury with a smile and resumed his seat.

  "All right, then," Judge Hawthorne looked at the clock, "any rebuttal, Mr. Kingsley?"

  "Yes, your Honor," said Jake, rising from his seat.

  That caused a stirring and whispering at the defense table.

  Everyone in the courtroom was looking at Jake expectantly.

  Seated next to Jake, Sarah Pallmeyer leaned over toward Charles Stanton on her right. "What's going on?" she whispered.

  "I know more than you, at the moment," Charles answered softly, "but right now I can only tell you what Jake told me: ‘Watch, and hang on for the ride!’"

  "Plaintiff calls Mr. Vincent Straker to testify in rebuttal, your Honor."

  "Just a minute!" yelled Everett Whittemore, he and Ed Hamilton both suddenly standing. "Your Honor, we have never heard that name before. It was not on any witness list. We served Interrogatories asking for witnesses. We are obviously prejudiced by the surprise tactics of counsel. We object to any testimony from this witness. It would be unfair."

  "Perhaps counsel should approach the bench," said Judge Hawthorne.

  While the defense lawyers were raising their objections, a tall gray haired man apparently in his late fifties had started up the aisle. He held his hands together in front of him as he walked.

  Phillip Marquard turned in his seat behind Defendant's counsel table. Something about the man was familiar. As he watched him, the man looked over toward the side of the courtroom and Marquard saw his eyes. They were green, the color of jade, dull and lifeless. Like none he had seen before . . .or had he? As he watched the man, he felt a deep chill and an ache in the pit of his stomach. He leaned over to Dick Ellington seated next to him.

  "Maybe the testimony was too much for me," he whispered, "I better find the bathroom."

  "You did great," encouraged Ellington, "but I know the feeling. It does have an effect on the bladder. I'll hold your seat."

  "Thanks a lot," said Marquard sarcastically. Then, putting a hand on Ellington's shoulder, he said, "I'll be right back."

  Marquard slid out of his seat and walked down the aisle to the door at the rear of the courtroom. Glancing back at the scene at the bench where the lawyers were talking to the judge in a sidebar, he slipped out of the courtroom.

  "Your Honor," Everett Whittemore was barely whispering in his excitement, "it would be patently unfair to the Defendant to permit this witness to testify at this stage of the trial. If his name had been disclosed as required, we would have taken his deposition."

  "Jake?" the Judge Hawthorne asked, "Why wasn't this witness' name disclosed?"

  "Judge, I just found out about him a few minutes ago, at the afternoon break," said Jake. "If I had known about him before trial, I certainly would have disclosed his name, but he is a rebuttal witness whose testimony is made particularly relevant by the testimony in Defendant's case-in-chief.

  Judge Hawthorne paused, staring up toward the ceiling, deep in thought. After a moment, he leaned forward to speak so the jury could not hear him.

  "I am going to allow the witness to testify," he said to Whittemore and Hamilton. "If the evidence is relevant and responsive to Defendant's witnesses, I do not want to keep it from the jury. However," he turned to Jake, "I don't like surprises and I don't like either side being surprised by something that should have been disclosed. So you be careful. Ask your questions clearly so defense counsel have an opportunity to object where appropriate. Is that understood?"

  "Yes, your Honor," said Jake.

  "All right, then, bring your witness forward," said the judge, "and let's wrap this thing up."

  The lawyers moved back to their respective seats at the counsel tables. Vincent Straker approached the clerk.

  "Raise your right hand, please."

  He did so, but his left hand went up just behind his right. They were handcuffed together. Judge Hawthorne glared at Jake. The clerk administered the oath and said, "State your full name for the record."

  "Vincent Martin Straker."

  "Thank you. You may take the witness stand."

  Everett Whittemore turned to Dick Ellington. He said, "Where is Phillip?"

  "Oh, he went to the john," said Ellington. "The testimony made him nervous and he had to take a piss. He'll be right back."

  "Mr. Straker," Jake began his direct examination, "where do you reside?"

  "South Dakota State Penitentiary, Sioux Falls, South Dakota."

  "And will you tell the Court and jury why you are a resident of that facility? Have you been convicted of a crime?"

  "Yes."

  "What?"

  "Three counts of second degree murder."

  Someone in the back row of the jury coughed. Several people in the audience straightened up as if to hear better. Judge Hawthorne leaned forward looking first at the witness, then at Jake.

  "Mr. Straker," Jake asked quickly, while the courtroom was still stunned, "what did you do for a living before you were sentenced to prison?"

  "I was a contract killer," the witness responded, "a killer for hire; and I was good at it."

  "Oh!" was the uncontrolled reaction from Mrs. Jackson in the front row of the jury box. The rest of the courtroom was alive with the buzz of low conversations and whispering.

  "Order!" Judge Hawthorne raised the gavel, but it was not necessary to use it. The courtroom suddenly grew quiet, everyone waiting for what surprises would come next.

  "Your Honor!" Everett Whittemore nearly gasped at the judge. "I do not see what this witness can po
ssibly contribute to this case. We renew our objection."

  "Well," said the judge, "I admit I don't know where this is going, but so far, the witness has merely been identified, I assume we will hear some substantive questions shortly and you will have your opportunity to object on relevancy. Overruled."

  "Mr. Straker," Jake continued, "Have you ever had dealings with Mr. Phillip Marquard of Cherokee Tractor & Implement Company?"

  "Yes, I have," said Straker, looking at the jury.

  This guy is good, thought Jake. I hope he doesn't look too good, or too prepared. Lawyers often schooled witnesses to face the jury when testifying instead of simply speaking to the lawyer asking the questions.

  "Just to make sure we are clear," said Jake, "did you know him as Phillip Marquard when you dealt with him?"

  "I did."

  "Did you know at that time that he was with Cherokee Tractor & Implement Company?"

  "I did."

  "Mr. Straker, I notice that Mr. Marquard is not in the courtroom at the moment," Jake said turning to look beyond defense counsel table to the empty seat beside Dick Ellington. "Were you in the courtroom when Mr. Marquard testified a few minutes ago?"

  "No, but I watched him through that small window in the courtroom door. The gentlemen I was with asked me to identify him."

  "And did you," Jake asked, "identify him?"

  "I did."

  "Is that the man you had dealings with and knew then as Phillip Marquard of Cherokee Tractor & Implement Company?

  "It is."

  "Mr. Straker, I always thought people in your profession didn't have contact directly with their customers or know why they wanted your services. Weren't you that way?

  "Some operate that way, some don't," said Straker in a low flat monotone. "Me, I always knew who the customer was, what he wanted and why. That was my insurance."

  "When you had dealings with Mr. Marquard, as you have testified, did you deal with him directly?"

  "Yep. We met face to face."

  The entire courtroom remained stunned by this wholly unexpected testimony. The audience, the judge, and the jury were hanging on every question and every answer.

  "Did you know who he was, what he wanted and why?" Jake continued the suspense.

  "I sure did," said Striker looking directly at the jury with those dull, jade-colored eyes.

  Jake wanted to carefully orchestrate the next questions, since the reaction in the courtroom might prevent his getting some very important evidence in.

  "Mr. Straker, why are you willing to testify here today?" asked Jake.

  Vincent Straker looked directly at Jake this time as he answered. "My sentence is for life without much possibility of parole. I'm not going anywhere. But I have been able to help the authorities solve some cases they wouldn't otherwise solve. Some I was involved in; some I just knew about. It might help my position. I've also been promised immunity from further prosecution on the cases I've helped with, although I doubt I need it."

  Are you disclosing the truth about some unsolved cases so it might help your future position?"

  "That's right," said Straker.

  "All right, Mr. Straker," continued Jake, "you have told us you knew who Mr. Marquard was, did he tell you why he wanted your services?"

  The courtroom was silent and filled with tension...

  "He did."

  "What did he tell you?"

  "He told me, when I asked, that his company was having trouble with one of its engineers who was going to cause a bunch of trouble about one of its tractors and a bunch of injuries and deaths caused by the tractor rolling over. He said it would cause a lot of lawsuits and might ruin the company."

  "Now, Mr. Straker, did Mr. Marquard hire you?"

  "He did."

  "To do what?"

  "To kill the engineer, a guy named Robert England."

  "And did you do it? Did you kill Robert England for Phillip Marquard?" Jake had to yell over the noise in the courtroom.

  "I did," answered Straker.

  The courtroom was in pandemonium.

  "Order!" Judge Hawthorne pounded the gavel. "Order in the court!"

  Gradually, the noise subsided, but the excitement in the courtroom remained at a high level.

  "Ladies and Gentlemen," Judge Hawthorne turned to the jury, "there are some matters I have to take up with the attorneys before we continue, so I will ask that you retire to the jury room for a few minutes. Remember not to discuss the case among yourselves yet. You will have that opportunity soon. Mr. Bailiff?"

  The bailiff escorted the jurors from the courtroom. Judge Hawthorne leaned over the bench and addressed counsel.

  "Well, Jake, you have certainly caused a stir. I am concerned about how we handle things now. Ed? Have you and Mr. Whittemore got any ideas?"

  Everett Whittemore had been fidgeting in his chair waiting for the judge to give them an opportunity to speak. "Judge, it is pretty clear we have a mistrial, here. The case cannot go to the jury now. Mr. Kingsley has introduced this incredible surprise evidence which has clearly prejudiced Defendant's position. We ask for a mistrial at this time, your Honor."

  "Where is Mr. Marquard?" asked the judge.

  "He left to use the restroom, judge," said Whittemore.

  "I would think he would be back by now," Judge Hawthorne said looking at the defense counsel table.

  Jake stood at Plaintiff's counsel table. "Your Honor, I might have the answer to that."

  "What!?" The judge looked incredulous. The four lawyers at Defendant's counsel table looked at Jake, also with incredulous looks on their faces.

  Jake turned to face the rear of the courtroom and nodded to Bert Hanson, who came forward and spoke quietly to Jake. Jake nodded approval. Bert Hanson walked back along the aisle to the door and left the courtroom.

  "Well, Mr. Kingsley? Judge Hawthorne was beginning to sound impatient.

  "Your Honor, we should have an answer to your question about Phillip Marquard in just a moment."

  The rear door of the courtroom opened. Everyone turned to see. Bert Hanson entered first, followed by Phillip Marquard being escorted by Detective Jack Green on one side and a uniformed Minneapolis police officer on the other.

  "Your Honor, I object to this treatment of my client!" screamed Whittemore. "And I demand to know what is going on!"

  With Marquard and his escorts stopped just behind the rail, Jake explained. "Judge, this is Mr. Bert Hanson, a retired Chicago detective who works with me and has been our investigator on this case. Behind him with Phillip Marquard is Detective Jack Green of the St. Louis Police Department. Mr. Hanson and Detective Green, with the cooperation of federal authorities and the Minneapolis Police Department, brought Mr. Straker here to testify."

  "That's very nice," interrupted Whittemore, "but it doesn't explain what they are doing with my client!" He was extremely agitated.

  "Your Honor, may I?" Jack Green stepped forward.

  "Detective Green." Judge Hawthorne nodded.

  "Sir, when Straker came forward to testify and you were all up at the bench, Marquard stepped out of the courtroom. We expected that he would if he recognized Straker. We were waiting for him." He nodded to the uniformed police officer. "Your Honor, Phillip Marquard didn't go to the bathroom. He was apprehended down on the main floor trying to leave the building. He is now under arrest for the murder of Robert England in St. Louis County, Missouri in 1973."

  Everett Whittemore slumped down in his chair. Dick Ellington came forward to the rail and leaned over toward Whittemore and Hamilton.

  "You've got to do something!" he demanded in an urgent whisper.

  Judge Hawthorne spoke. "Detective Green and Officer . . .?"

  "Wilkins, Judge," said the police officer standing next to Marquard, "Daniel Wilkins."

  "Wilkins," repeated the judge, "do you gentlemen have sufficient control here that the defense lawyers can confer with their client, Mr. Marquard, here in the courtroom?"

  Jack Green answere
d. "Yes sir." Officer Wilkins nodded. Judge Hawthorne's bailiff was now standing near the group at the rail to add security to the situation.

  "Okay, then," said the judge, turning to the defense lawyers. "Would you gentlemen like to talk with your client there at counsel table?"

  "Yes sir!" said Whittemore already moving toward Marquard. Marquard looks like he is truly having as bad a day as it appears, thought Jake.

  "Everyone move away and give them some room," said Judge Hawthorne as Whittemore escorted Marquard to the defense table. Charles Stanton, Sarah Pallmeyer and Jake left their chairs to stand by the jury box across the room from the defense attorneys now busily conferring with a clearly dejected and nervous Phillip Marquard.

  "Now gentlemen," said Judge Hawthorne to the defense attorneys, "you know I am concerned with the status of our civil case at the moment. I want to know if you have any cross examination of this witness, Straker, and I want to know if you will be calling Mr. Marquard for any Surrebuttal testimony."

  Everyone at the Defendant's counsel table went into a deep huddle. Dick Ellington came from the audience to join them. Phillip Marquard was visibly shaken. Everyone else had at least a look of panic on their faces. The discussion took at least five minutes. Judge Hawthorne waited patiently.

  Sarah Pallmeyer was standing next to Bert Hanson near the rail. "How did you find that witness?" she asked.

  Bert explained. "After I asked Jack Green about the convenience store murders when I was in St. Louis, he got suspicious and did some checking. Through police departments in other states and with the help of the FBI, they found a known hit man who had used the same M.O. a couple of times."

  "M.O.?" Sarah looked up at him.

  "Method of operation, or 'modus operandi,'" said Bert. "You know, you've heard it on TV. Anyway it turns out this hit man was in prison in South Dakota. Jack had someone talk to him and he apparently suggested maybe he knew something about the old Missouri convenience store case. Jack called for me this morning. Darn near missed me with his message. I met him at the Minneapolis airport on his way from St. Louis to Sioux Falls. He explained it to me on the flight. He wanted me because of my knowledge about Cherokee from your case. He went with plenty of authority to promise immunity if this guy would help us nail who hired him. He was willing and here we are."