by Parnell Hall
Fleckstein consulted his notes. “Call Lilly Clemson.”
As the witness took the stand, Cora recognized her as one of the women she’d seen in Cushman’s Bake Shop. Lilly Clemson had auburn hair and wore a little too much lipstick. She stated her name and that she worked at the bank.
“Now then, Miss Clemson,” Fleckstein said in a solicitous manner, “I’m going to ask you some questions about the check you showed to your employer.”
“Are you going to point it out to her as well?” Becky Baldwin said. “Your Honor, this conference between attorney and witness is rather unusual. Could he confine himself to just asking questions?”
“I’m sure he meant no harm, Ms. Baldwin, but your point is well taken. Mr. Fleckstein, don’t tell her what you’re going to ask her, just ask.”
“Yes, Your Honor. Miss Clemson, do you recall an incident when you had occasion to show a check to Mr. Randolph?”
“Yes, I do.”
“Could you tell us about that?”
“Yes, I could. I received a check from Cora Felton. The Puzzle Lady. Her name’s Cora Felton, but everyone knows her as the Puzzle Lady. She came in and presented a check.”
“Was this unusual?”
“No. She has an account. She often brings in checks.”
“Was she cashing the check?”
“No, it was for deposit.”
“Did it have a deposit slip?”
“Yes, it did.”
“To whose account was she depositing the check?”
“To her own. Cora Felton.”
“You say she wasn’t cashing the check?”
“No, just depositing it in her account.”
“What did you do with the check?”
“I showed it to Mr. Randolph.”
“Why?”
“Objection,” Becky said. “Her thought process is not binding on the defendant.”
“No, but it’s relevant to her actions. If we could do without so many technical objections.”
“Yes, Your Honor.”
“Why did you show it to Mr. Randolph?”
“Because I was afraid there might be a problem with it.”
“Now,” Becky Baldwin said, “we’re getting into an area where my objections might not be so technical. The witness has just suggested my client might have attempted to pass an irregular check. That is a conclusion on her part that I would object to most strongly.”
“Your displeasure is noted,” Judge Hobbs said. “But I’d like to hear the witness explain.”
Mr. Fleckstein was smiling broadly. “And what led you to believe there might be a problem with the check?”
“It was deposited in Cora Felton’s account, but it was not made out to Cora Felton.”
“What name was it made out to?”
“Cora Felton Markowitz.”
“And was it endorsed on the back?”
“Yes, it was.”
“How was it endorsed?”
“Cora Felton Markowitz.”
“You pointed this out to Mr. Randolph?”
“That’s right.”
Fleckstein held up his hand. “Now then,” he said virtuously, “don’t tell us what Mr. Randolph told you, but after you talked to him, what did you do with the check?”
“I deposited it to Cora Felton’s account.”
“Would you know that check if you saw it again?”
“Yes.”
“I hand you a check marked Plaintiff’s Exhibit Number One and ask if you have seen it before.”
“Yes. That is the check I showed to Mr. Randolph. The one Cora Felton gave me to deposit.”
“Thank you. That’s all.”
Judge Hobbs looked over at the defense table. “Ms. Baldwin, if you have any questions of this witness, please ask them now.”
Cora Felton was tugging at Becky’s sleeve.
“One moment, Your Honor,” Becky said. She leaned over, whispered, “What?”
“Ask her about her relationship with Randolph.”
“Why?”
“Probably be interesting.”
“You’re going to get me disbarred, you know it.” Becky stood up and said, “Miss Clemson, what was your relationship with Mr. Randolph?”
“I beg your pardon?”
“Was he your boyfriend? Were you dating? He ever ask you out?”
“Objection, Your Honor!” Fleckstein said. “Of all the improper questions.”
“It’s always proper to show bias, Your Honor.”
“Bias?” Fleckstein said. “How in the world does that establish bias?”
“Mr. Randolph was killed, Your Honor. If the witness was dating him, that would certainly have an effect on her testimony.”
“That’s not what bias means, and you know it! Your Honor, she’s trying to turn the courtroom into a circus.”
“I want to answer!”
Judge Hobbs looked at the witness in surprise. “I beg your pardon?”
“I was not dating Mr. Randolph. I was never dating Mr. Randolph. He asked me out once, but I didn’t go.”
“He asked you out?”
“Yes.”
“How long ago was that?”
“Oh, Your Honor,” Fleckstein said. “How is that relevant?”
“It probably isn’t. But since the witness volunteered the information, counsel can certainly ask her about it.”
“How long ago?”
“Six months ago.”
“He asked you out?”
“Yes.”
“And you said no?”
“Yes.”
“How did he take it?”
“He seemed disappointed.”
“Did his attitude towards you change in the bank?”
“No. He was very professional.”
“Now, Ms. Baldwin,” Judge Hobbs said, “I think we have exhausted the subject.”
Becky looked at Cora as if to say, “Are you satisfied?”
Cora whispered, “Good. Now you got her rattled. Get her to admit she doesn’t remember the check.”
Becky looked exasperated. “I thought you were upset that I was making a fuss about the check.”
“Yeah, but if you’re gonna play the game, you might as well win.”
Becky took a breath. “Miss Clemson, going back to the check you say you received from my client…”
“Well, it’s about time,” Fleckstein said.
Judge Hobbs banged the gavel. “If we could avoid these side comments.”
“Sorry, Your Honor.”
“You say my client presented you with a check.”
“That’s right.”
“And you noticed a discrepancy in the name of the payee, so you showed it to Mr. Randolph?”
“That’s right.”
“And the check was presented to you by Cora Felton?”
“Yes, it was.”
“I believe you said the check was made out to a Cora Felton Markowitz.”
“Yes, I did.”
“You pointed this out to Mr. Randolph?”
“That’s right.”
“Did you tell Mr. Randolph the check was made out to Cora Felton Markowitz? Or did you merely tell him it was made out to a different name?”
Lilly Clemson frowned. “I don’t understand the question.”
“It’s a very simple question. Did you tell Mr. Randolph the name on the check was Markowitz?”
“I don’t remember.”
“You don’t remember if you said the name Markowitz?”
“No, I don’t.”
“Then you probably didn’t.”
“Objection, Your Honor.”
“Sustained.”
“Did you say the name Markowitz?”
“I don’t know. Is it important?”
“The truth is important. I want the truth. When you presented the check to Mr. Randolph, did you tell him the problem with it was it was made out to someone named Markowitz?”
“No.”
“
Objection, Your Honor!” Fleckstein jumped to his feet. “That’s not what the witness means.”
“That’s what she said.”
“Counsel is attempting to confuse the witness.”
“She has every right to,” Judge Hobbs said. “It may not be a shattering revelation, but it is certainly relevant. You may proceed, Ms. Baldwin.”
“Thank you, Your Honor. Miss Clemson, is it not a fact that to the best of your recollection, when you showed this check to Mr. Randolph you did not use the name Markowitz?”
“Well, I guess I didn’t.”
“I didn’t think so. You merely presented him with the check and said the names didn’t exactly jibe. Is that right?”
“Yes, it is.”
“You testified on direct examination that my client, Cora Felton, presented you with a check made out to Cora Felton Markowitz. Why did you say that?”
“Because she did.”
“But you didn’t know that.”
Lilly Clemson frowned. “Huh?”
“You didn’t even remember the name Markowitz, isn’t that right?”
“I suppose so.”
“You just testified that when my client presented the check to you, the name didn’t make a big impression. You merely noticed the name was not exactly the same. And when you presented the check to Mr. Randolph, you did not even point out the name on the check was Markowitz, isn’t that right?”
“Yes.”
“On direct examination you testified the check was made out to Cora Felton Markowitz. Now how did you know that?”
“What do you mean?”
“If you didn’t know the name Markowitz at the time, how do you know it now?”
“Well, I talked to the attorney.”
“You went over your testimony with Mr. Fleckstein?”
“Objection, Your Honor. Attorneys always talk to their witnesses beforehand. There’s nothing nefarious about it.”
“There’s nothing wrong with talking to witnesses. Coaching witnesses is something else.”
“That is a slanderous accusation! Your Honor, do I have to put up with—”
The gavel silenced Fleckstein’s outburst.
Judge Hobbs glared around the courtroom. “This is rapidly degenerating into a situation I do not like. Mr. Fleckstein, Ms. Baldwin’s cross-examination may be vigorous, but it is certainly legal. Proceed, Ms. Baldwin.”
Becky turned back to a rather flustered witness. “Miss Clemson, no one’s blaming you for anything. I’m just trying to test your recollection. As I understand it, when you presented the check to Mr. Randolph, the name Markowitz didn’t mean anything to you. It was only later, when you were preparing for court, that you remembered the name Markowitz. Is it fair to say that when first asked you couldn’t remember the name Markowitz, and it’s only after discussing the matter that you know it now? So, on direct examination, when you were asked what was the name on the check, you were able to respond, ‘Cora Felton Markowitz’?”
The witness blinked several times, trying to digest all the verbiage. “I think so.”
“You learned the name Markowitz so you could use it in court?”
“Objection.”
“Overruled. Witness may answer.”
“You learned the name Markowitz?”
“That’s right.”
“No further questions.”
Fleckstein was on his feet. “Miss Clemson, when you say you learned the name Markowitz, you don’t mean that, do you?”
The witness was taken aback. “I beg your pardon?”
“In other words, you were not taught the name Markowitz. It was not a new concept to you. You knew the name before. When your memory was refreshed, you recalled the name Markowitz, isn’t that right?”
Judge Hobbs looked curiously at the defense table. “That’s certainly leading and suggestive, Ms. Baldwin.”
Becky smiled. “I don’t want to be overly technical, Your Honor. I think we all understand the situation here.”
“You knew the name Markowitz? Your recollection was merely refreshed?”
“That’s right.”
“That’s all.”
Becky rose with a smile. “Yes, Miss Clemson. And how was your recollection refreshed?”
“I beg your pardon?”
“Were you told the name Markowitz? How was the name Markowitz presented to you?”
“It was on the check.”
“Made out to Cora Felton Markowitz?”
“That’s right.”
“The attorney showed you the check to refresh your recollection?”
“Yes.”
“So,” Becky said, “when you identified the check, Plaintiff’s Exhibit Number One, you were identifying it not from having my client present it to you at the bank, you were identifying it from having the attorney for the plaintiff present it to you to refresh your recollection. When it was given to you in his office for you to study so you would be able to identify it on the stand.”
“Objection, Your Honor!”
“Overruled. Witness may answer.”
“Yes. That’s where I saw the check.”
“Your Honor,” Becky said, “I move the evidence, Plaintiff’s Exhibit Number One, be stricken from the record. It now appears the witness cannot identify it as a check presented to her by my client, but merely as one presented to her by the plaintiff’s attorney.”
“Granted. The check may go out.”
“Oh, Your Honor.”
“Mr. Fleckstein, you will have every opportunity to resubmit it. From the evidence I just heard, the check is clearly inadmissible.”
“Yes, Your Honor.” Fleckstein fumbled through his papers. “Perhaps I could have a recess to adjust to this development?”
“Very well. Court is adjourned until Friday morning at ten o’clock.”
Cora was pleased with the way things had gone in court until she saw Melvin looking over at the defense table with a huge grin on his face.
He wasn’t looking at her.
Cora sucked in her breath.
The creep!
She glanced around just to look away and saw her nemesis, Bambi, standing in the back of the courtroom, glaring at Melvin with a look she knew well, a look she had often used on Melvin when he was still her husband, a look of frustration, exasperation, irritation, and practically any other -ation she could think of—good God, why were words coming back to haunt her? She wasn’t really a wordsmith. Thoughts were ping-ponging around in her head to the point of making her doubt her own sanity.
Damn it.
She hadn’t felt this way since she’d been married to the louse.
Chapter
29
Cora, Sherry, and Aaron were having lunch in the living room and celebrating the day in court.
The only thing spoiling it was Rick Reed.
“Has there been a breakthrough in the Randolph murder case?” Rick began. “Despite the confusion surrounding the case, a person of interest has emerged. A young woman who had spurned the advances of the decedent. The facts emerged in court today, during the alimony hearing of Bakerhaven’s own Puzzle Lady, Cora Felton. On the witness stand, one Lilly Clemson, a teller at the bank where Mr. Randolph worked, admitted that the decedent had made advances toward her which she had spurned. It appears to be the police theory that if those advances had continued, that might be a motive. Miss Clemson declined to comment, but Police Chief Dale Harper had this to say.”
The picture cut to a shot of the chief on the front steps of the police station.
“No, I don’t think it had anything to do with the murder.”
Rick stuck his microphone into the shot. “Then why are you investigating it?”
“We’re investigating any lead, however slim. If the guy wrote a crank letter to your TV station, I’d have to check it out. It wouldn’t mean we suspected you of the crime.”
The camera cut back to the head shot of Rick. “Well, it’s nice to know I’m in the clear, but
it would also be nice to shed some light on the situation. Chief Harper claims there’s none to shed. Not very promising in a homicide already over twenty-four hours old. This is Rick Reed, Channel Eight News.”
Cora froze the TV, put up her hand. “Okay, this is not my fault.”
Sherry looked at her. “No one said it was.”
“Yeah, but if I hadn’t married Melvin, and divorced Melvin, and gotten involved in an alimony dispute, and hired Becky Baldwin to represent me, and let her rip the witness apart on the stand—”
“Let her?” Sherry said. “It looked like you were masterminding the whole thing. What were you whispering in her ear?”
“You were in court? You should take it easy in your condition.”
“I’m not in any condition!”
“That’s right. You’re in no condition. You should stay home, do some light cleaning, cook dinner.”
“Should I also write your column?”
“Unless you want me to take a crack at it.”
“Yeah, wouldn’t that be a hoot.”
“Is there anything to this business with the teller?” Aaron asked.
“Oh, no. Not you, too.”
“If it’s news, I need to know. That doesn’t mean I’m going to write it.”
“It isn’t news,” Cora said. “That’s the whole point. It is not news. Non-news. Unnewsworthy.”
“That’s not fair,” Aaron said. “You can’t yell fire in a crowded theater and then blame people for running out.”
“That’s a horrible example.”
“Why?”
“You want to hold people responsible for everything that lawyers do? It would be an utter disaster. You’d be constantly overanalyzing trivialities. It would be like what instant replay did to pro football.”
“You watch pro football?”
“In my day I made a hundred bucks on a Super Bowl.”
“They had Super Bowls in your day?” Sherry said.
Cora’s mouth fell open. “Oh, you’re asking for it.”
“You’d beat up a woman in my condition?” Sherry said.
That tripped Cora up. “Your condition? What condition?”
Sherry smiled. “See, it’s no fun for you if there’s nothing to push against.”
“Kids,” Aaron said, “it’s really nice watching you spar. But we have this murder. I’d be happy for any lead.”
