The KenKen Killings
Page 19
“How about your handwriting expert? Can’t he swear I signed the check?”
“I don’t think that’s enough to sway the judge.”
“Maybe not, but it’s enough he won’t grant summary judgment. Becky will have to put on a case.”
“Wonderful. Much as I like to see her strut her stuff in her little lawyer getup, I’m kind of distracted by this murder charge.”
“This is your best chance of getting off.”
“You’re kidding.”
“Not at all. Play it the way I told you, I think it will be fine. Can you do that?”
“Why?”
“I can’t tell you why.”
“You’re saying something’s gonna happen in court?”
“That’s right.”
“Aside from the alimony? You mean about the murder case?”
“That’s what I mean.”
“Well, what is it?”
“I can’t tell you that. But it’s a good bet. You always were a gambler, Melvin. Whaddya say? Wanna take a shot?”
Melvin studied her face. It had matured since he’d known her, but there was a familiar light in her eyes.
“Okay. I’m in.”
“Fine,” Cora said. “Now, there’s just one more thing.”
“What’s that?”
“There’s something you need to know.”
Chapter
52
Judge Hobbs was in unusually good spirits. He surveyed the crowded courtroom and said wryly, “I don’t know why you’re all here.” He glanced at the plaintiff’s table, where Melvin Crabtree sat shackled under police guard. “I plan to grant the plaintiff a reasonable continuance, adjourn the hearing, and go and play golf.”
Becky Baldwin rose to her feet. “We object to a continuance, Your Honor.”
Judge Hobbs chuckled. “Nothing to object to, yet. I just told you what I’m going to do. The plaintiff is yet to make a motion. When he does, you can object to it.”
Lennie Fleckstein got to his feet. He glanced at his client for reassurance. Melvin looked at him in exasperation, nodded, and gestured for him to go on. The little lawyer turned back to the judge. “Your Honor, we’re not asking for a continuance. The plaintiff is prepared to proceed.”
Judge Hobbs was flabbergasted. “But, but,” he stammered, “you just lost another witness. One whose direct testimony was seriously undermined and which you will not have an opportunity to repair. The mere fact you can’t conduct redirect examination seriously hamstrings your case.”
“I hope your remarks don’t indicate you have a predetermined verdict. It’s somewhat singular to have the judge comment on the evidence before it’s all in. The plaintiff is ready to go. Unless the defense needs time to prepare.”
“The defense is ready, Your Honor.”
Judge Hobbs scowled. He motioned the bailiff over. “Call Pine Ridge Golf Course, tell them to hold my tee time. It shouldn’t be a problem for them. Half the golfers in town are here.”
The judge turned back to the lawyer. “Fine. Call your next witness.”
“Call Shelby Whitherspoon.”
An angular gentleman with white hair and bifocals took the stand and was sworn in.
“Mr. Whitherspoon, what is your occupation?”
“I’m an examiner of questioned documents.”
“Stipulate his qualifications subject to cross-examination,” Becky Baldwin said.
“Mr. Whitherspoon, I hand you a document marked for identification as Plaintiff’s Exhibit Number One, and ask you if you recognize it.”
“Yes, I do.”
“What do you recognize it to be?”
“It is a check from the estate of Chester T. Markowitz made out to and endorsed by Cora Felton Markowitz.”
“Have you seen that check before?”
“Yes. I was given that check and asked to compare it with another check on the account of Cora Felton, made out to cash and signed by Cora Felton.”
“And what did you conclude?”
“Aside from the name Markowitz, the signatures are identical.”
“I ask that the check, Plaintiff’s Exhibit Number One, be introduced into evidence.”
“Now just a minute,” Judge Hobbs said. “That check was already stricken from the evidence when the witness, Lilly Clemson, was unable to identify it as the one having been given to her by the defendant, Cora Felton. The fact a handwriting expert says it’s her signature doesn’t prove it’s the same check.”
“We’re not introducing it as the same check, Your Honor. Merely as a check made out to Cora Felton Markowitz which she endorsed. After all, that’s the only issue here. Whether the defendant acknowledged herself to be Mrs. Markowitz.”
“Thank you for educating me on the law,” Judge Hobbs said tartly. “But that does not happen to be the only issue here. The check may be introduced as the one examined by Mr. Whitherspoon, but that’s all.”
“Thank you, Your Honor. No further questions.”
Becky smiled. “In the interest of expediting your golf date, Your Honor, I have no questions.”
“Call your next witness.”
“The plaintiff rests, Your Honor.”
“Very well,” Judge Hobbs said dryly. “Tempting as it is to dismiss the suit and play golf, I must reluctantly conclude that granting every favorable inference to the plaintiff, there is sufficient grounds to proceed. Does the defense wish to call a witness?”
“We do, Your Honor.”
“I assume that would be the defendant. I should warn you, I am well aware of your client’s penchant for flashy, unconventional, outrageous, theatrical courtroom behavior. I tell you in advance any such spectacle shall be grounds for contempt of court.”
“Thank you, Your Honor,” Cora said.
Judge Hobbs blinked. “Thank you?”
“For the warning. I would hate to be thrown in jail without a warning. It wouldn’t seem fair.”
The judge opened his mouth, closed it again. “And I will thank you to speak through your attorney. Ms. Baldwin, would you instruct your client that any communications with the court should be made through you?”
“Absolutely, Your Honor. Cora, behave. Let me do the talking.”
“Okay. I’ll be good.”
“Call your witness.”
“Call Mrs. Evelyn Crabtree.”
Melvin’s wife, who had been sitting in the back of the court, got up and came down the aisle. Melvin took it in stride, but Bambi, seated behind him at the rail, was clearly surprised and outraged. She leaned over and jabbed Melvin in the arm. Cora could see her mouthing, “What the hell?”
Mrs. Crabtree made quite a show marching to the stand, what with her flaming red hair and flashing green eyes. She was dressed in a black sheath dress that must have taken a good two weeks of dieting just to get into. She sat on the witness stand and smiled at Melvin, a mongoose hypnotizing a snake.
“What is your name?”
“Evelyn Crabtree.”
“Are you related to the plaintiff?”
“He’s my husband.”
“Now, just a minute,” Judge Hobbs said. “Mr. Crabtree, are you okay with the defendant calling your wife to testify against you?”
“Yes, Your Honor.”
“Well, I like that,” Cora said. “He gets to talk and I don’t?”
Judge Hobbs banged the gavel. “Miss Felton, he was asked a direct question by the court. You were not. If you are asked a direct question by the court, you may speak. But if not, the next time you do it is going to cost you money.” The judge, badly discomfited, turned back to the plaintiff. “Now then, you may have no problem with your wife’s testifying, but I do. I fail to see the relevance it has on whether Miss Felton was married to Mr. Markowitz.”
“Surely the marital status of the opposing parties is relevant to an alimony hearing,” Becky said.
“I fail to see how.”
“Nonetheless, there has been no objection.”
Judge Hobbs scowled. “Very well. Proceed.”
“Mrs. Crabtree?” Becky said.
“Yes.”
“You are married to the plaintiff?”
“That’s right.”
“How long have you been married to the plaintiff?”
“About a year.”
“When you met the plaintiff, was he married or single?”
“He was married.”
“To the defendant, Cora Felton?”
“No. To another woman.”
“He subsequently divorced her and married you?”
“Yes, he did.”
“Now then, were you aware he was attempting to have his alimony reduced?”
“Yes, I was.”
“And that he came here for that purpose?”
“That’s right.”
“And when he came here, did you follow him?”
“Just a moment,” Judge Hobbs said. “Relevance?”
“It goes to bias, Your Honor.”
“Bias? What bias? The witness seems to be giving her testimony frankly and freely.”
“Appearances can be deceiving, Your Honor. I would rather prove a lack of bias than assume it. But I assure you the question is material.”
“In what way?”
“In a way that will become immediately apparent as I continue. However, an explanation would be unwieldy, so let’s just assume I’m showing bias.”
Judge Hobbs pointed at Cora Felton. “Did she tell you to say that?”
“Naturally, I discussed the case with my client,” Becky said suavely.
“Very well. Proceed. But please get to the point.”
“Certainly. Perhaps if we could continue until there’s an objection by the plaintiff…?”
Judge Hobbs sucked in his breath. Debated whether a reprimand was in order. “Proceed,” he said tersely.
“And what did you do?”
“Melvin registered at the Oakwood Motel. I registered in another unit from which I could observe his actions.”
“What did he do?”
“He went to the bank, talked to the people who were going to be witnesses.”
“The banker and the teller? Roger Randolph and Lilly Clemson?”
“That’s right.”
“The witnesses who were killed.”
“Yes.”
“He spoke to them at the bank?”
“That’s right.”
“When was this?”
“Last week. He came up Wednesday morning to check out the witnesses.”
“That’s when he saw them in the bank?”
“Yes.”
“Is that the only place he saw them.”
“No.”
“Really? Where else?”
“He took Lilly Clemson out to dinner.”
“When?”
“Later that night.”
“Where did they go?”
“To the Country Kitchen.”
“Did he meet her there?”
“No. He picked her up at her place.”
“And drove her home after dinner?”
“Yes.”
“Did he go inside?”
“No. But they sat in the car for a while. Probably trying to talk her into inviting him up.”
“That’s speculative, and will go out,” Judge Hobbs said. “I realize there’s no objection from the plaintiff, but please try to keep the questioning within legal bounds.”
“Yes, Your Honor.” Becky turned back to the witness. “Did he ever go inside?”
“Miss Baldwin.”
“It’s not speculation, Your Honor. I’m asking if she knows for a fact.”
“Yes, he did.”
“How do you know?”
“I saw him.”
“You followed him to her apartment and watched him go inside?”
“That’s right.”
“When was that?”
“The night she got killed.”
Chapter
53
By the time Judge Hobbs got done pounding the courtroom to order, all dreams of playing golf had vanished in the mist. “Excuse me, but did you just say you saw the plaintiff go into the decedent’s apartment on the night of the murder?”
“That’s right.”
“Mr. Fleckstein, stand up! Counselor, I offered you a continuance on the grounds that your client’s arrest on suspicion of murder might have a negative influence on the outcome of this hearing. It never occurred to me this hearing might have a negative influence on the outcome of your murder case. It now appears that it does. If it should turn out that in any way, you have conspired to poison the jury pool and prove that your client cannot get a fair trial, I would consider that to be tantamount to the type of questionable ethics that might be of interest to the bar association. This woman is the wife of the defendant. Under ordinary circumstances, she would not be allowed to testify against him at the trial. If by allowing her to testify here and ‘inadvertently’ let slip damaging evidence against him in his murder case, you hope to get such evidence excluded at his trial, and hope to exclude any other evidence the prosecution might hope to introduce as fruit of the poisonous tree, it would be a very serious matter.”
“That was not my intention, Your Honor.”
“Well, I’d sure like to know what your intention was. Because I can’t think of one that could possibly be construed as legal.”
“Yes, Your Honor. I should point out, Your Honor, that at the moment the witness’s statement stands uncontested. I have the right to cross-examine.”
“Not yet, you don’t,” Becky said. “I haven’t finished my direct examination.”
Judge Hobbs glowered. “Approach the bench.”
Cora got up and started to follow Becky.
“Not you,” Judge Hobbs said. “The attorneys.”
Cora tugged at Becky’s sleeve. “Could I make a statement?”
“My client would like to make a statement, Your Honor.”
“Well, I don’t wish to hear from her.”
“Very well, Your Honor. But I should point out, we seem to have arrived at a legal impasse. Perhaps the suggestion of a layperson might help.”
“Very well. But be brief.”
Cora got to her feet. She leaned back to Becky and whispered, “Call me a layperson again and I’ll bop you one. You see that smirk on Melvin’s face?”
Cora stepped forward, addressed the judge. “Your Honor, much as I’d like to win this suit—and believe me, I would—I don’t want to do it by convicting my ex-husband of a murder he didn’t commit. I assure you we don’t plan to introduce any evidence that would do that.”
“Your bland assurance is laughable in light of the testimony of the witness.”
“That’s because you haven’t heard all of the testimony. I know what she’s going to say, and it isn’t going to hurt Melvin at all. At least in terms of the murder. I plan to win this case. So, you let her talk, Melvin goes free, and I get my money. It’s a win-win. Sure, he loses his money. But under the circumstances, it’s still a win.”
“And just what is this woman going to tell us?”
“I’d rather you heard it from her. If you want, I’ll ask her questions. If you don’t, I’ll feed them to my lawyer, and she’ll ask them, but it will take twice as long.”
Judge Hobbs sighed. All hope of maintaining order in the courtroom and preventing a sideshow had long since gone by the board. “Very well. Make your case.”
Chapter
54
Cora Felton stepped out in the middle of the courtroom. She smiled at the Channel 8 TV camera for the benefit of the Granville Grains publicity department and Judge Hobbs’s skyrocketing blood pressure. She shot a glance at the plaintiff’s table. Melvin was grinning from ear to ear. He had a lovely smile, one of his more endearing qualities, and a wicked grin. She remembered the latter more fondly, perhaps because it was more likely sincere. In any event, it was clear her ex-husband was getting a huge kick out of the
proceedings. After all, it wasn’t every day a man got to see his ex-wife grill his wife on the witness stand.
“Mrs. Crabtree,” Cora said, “I’m sorry to put you through this. It must be quite an ordeal. I’ll try to make it easy. You are the current Mrs. Melvin Crabtree?”
“That’s right.”
“How long did you say you’ve been married to the plaintiff?”
“About a year.”
“When did things go bad?”
“Is this relevant?” Judge Hobbs said.
“That’s the thing about question and answer,” Cora said. “Some answers are more relevant than others. And you never know until you ask the questions.”
Judge Hobbs took a breath. “Proceed.”
“When did things go bad?”
“Right after the honeymoon.”
“You were lucky. Mine went bad on the honeymoon.” Cora caught the look in Judge Hobbs’s eye and said, “But to move along. What went wrong with the marriage?”
“I found out Melvin was involved with someone else.”
“Would that be the young lady sitting behind him in court?”
“No. There was another one before her.”
“What happened to her?”
“She dropped him like a hot potato when she found out he was married.”
“What happened then?”
“He took up with Bambi. That’s the young woman sitting there.”
“Did she mind he was married?”
“No.”
“How do you know she knew?”
“I made sure she knew.”
“How did you do that?”
“I sent her a little note.”
“You didn’t accost her in person?”
“No.”
“Why not?”
“I wasn’t sure I could control myself.”
“Interesting. You’re afraid of losing your temper where your husband’s transgressions are involved?”
“Weren’t you?”
“Yes. But I had an advantage. Melvin taught me to shoot a gun. Big mistake on his part. I was damn good, and he knew it. You never want to cross an angry woman with a gun.” Cora smiled, leaned in confidentially. “So, I’m wondering if Melvin learned from his mistake.”