Greed and a Mistress

by Marti Talbott

  “Be seated,” said the judge. “Mr. Davis, call your next witness.”

  “At this time, the state recalls Detective Thomas Heffran to the stand.”

  As soon as he returned to the witness box, the DA reminded the detective he was still under oath and then began a second round of questioning. “Detective, after you confirmed that the necklace Miss Hamilton gave Deputy Musgrave matched Mrs. Lockhart’s missing necklace, did you go before a judge and secure a search warrant?”

  “I did.”

  “When was that?”

  “June 18, 2012.”

  “What did the warrant entail?” Davis asked.

  “We got permission to search Mr. Barrett’s house, property, and vehicle.”

  “Was Deputy Musgrave with you when you went to execute the search warrant?”

  “He was.”

  “Were Mr. and Mrs. Barrett at home at the time?”

  “They were.”

  “And their two small daughters?”

  “Yes, sir,” the detective answered. “We recommended Mrs. Barrett take the children outside to play, which she did. I believe she took them across the street to a little park.”

  “In the house, did your find anything suspicious?”

  “Nothing inside the house.”

  “No missing blue slip-on shoes?”

  “No, sir.”

  “Did you find anything in Mr. Barrett’s 2011 Ford Galaxy?”

  “We found a thread that might have come from Mrs. Lockhart’s...”

  Livingston hopped up. “Speculation, Your Honor.”

  “Sustained.”

  “I’ll restate the question. Did you find anything in the vehicle that could be positively identified as coming from the victim’s home?”

  “No.”

  “Detective, did you search the defendant’s yard?”

  “We did.”

  “What, if anything, did you find on his property?”

  “We found ten-thousand dollars.”

  Davis grinned. “It was just lying around in the yard?”

  “No, it was hidden behind a bush.”

  “Was it in the front or the backyard?”

  “The backyard.”

  “Detective, did the backyard have a fence around it?”

  “Yes, it did.”

  Davis thoughtfully paused for a moment. “How likely was it that someone, say someone walking down the street, put the money there?”

  “Calls for speculation,” said Livingston.

  “Sustained.”

  Davis turned his head, covered his mouth, and coughed. Before he continued, he walked to his table, took a drink of water, and then returned to the lectern. “What was the condition of the money when you found it?”

  “It was wrapped in plastic and contained loose one-hundred dollar bills.”

  Davis went to the evidence table again. His limp was a little more pronounced when he asked permission and handed a picture to the detective. “Is this the photograph you took of the money you found?”

  “It is.”

  “Did you count the loose bills?”

  “I did. It was exactly ten-thousand dollars.”

  “Detective, were you able to lift any fingerprints off the plastic or the money inside?”

  “No. They were new bills that had not been circulated.”

  “Yet, someone had to touch them to put them in the plastic bag.”

  “Yes, sir, but it’s real easy to get plastic gloves.”

  “At that time, did you advise Mr. Barrett of his Miranda Rights and take him into custody?”

  “Not at that time.”

  “Why not?”

  “It was early in the morning and we didn’t want to upset his little girls, so we let him go on to work. We were watching him, so it wasn’t like he could run. We arrested him about an hour later at his place of employment.”

  “What did you do after you arrested him?”

  “We took him to the police station and booked him.”

  “Did you take a statement from Mr. Barrett?” Davis asked.

  “No, he refused to talk to us.”

  “Do you happen to know how tall Mark Barrett is?”

  “He is exactly six feet tall.”

  “No further questions.”

  “I’m back,” said Carl. “What’d I miss?”

  “A lot,” Michael said. “I’ll rerun it for you when they take their lunch break.”

  “Cool. Jackie, I’m going to run the court reporter’s eyes through our age enhancement photos and see if I can find a match.”

  “I’m working too, honest I am,” said Michael.

  “Doing what?” Carl asked.

  “It’s still early. Give me a little time, okay? I don’t wake up bright-eyed like you do, you know.” Michael set his laptop aside, grabbed his cup and stood up. “Coffee, I need more coffee.”

  Carl watched him disappear in the kitchen and then said, “Should I tell him it’s almost noon?”

  Jackie looked up at the front camera and smiled. As soon as she realized what she’d done, she looked at the judge. Thankfully, he was not watching her and she made a mental note not to do that again.

  Livingston took his time getting up and going to the lectern. “Detective Heffran, you said you weren’t worried that he would run because you were watching Mr. Barrett, is that correct?”

  “That is correct.”

  “You mean you had him under surveillance?”

  “Yes.”

  “How long had he been under surveillance?”

  The detective answered, “We started watching him right after Miss Hamilton gave her statement about the necklace.”

  “Was that twenty-four hour surveillance?”

  “It was. We had three shifts watching him at all times.”

  “When was that exactly?”

  “We watched him from the 13th of June until the 18th when he was arrested.”

  “I see. And did anyone see him do anything suspicious?” Livingston asked.

  “No, sir.”

  “If he had disposed of a gun, bloody clothing, shoes, or jewelry during that time, would you have known about it?”

  “Yes.”

  “Detective, while you had the defendant under surveillance, did you also run a background check on him?”

  “We did.”

  “To your knowledge, has Mark Barrett ever owned a gun?”

  “We found no gun registrations in his name, either here or in Salt Lake City, where he is originally from.”

  “When you searched the house and the car, did you find any blood, specifically Mrs. Lockhart’s blood?”

  “No.”

  “Did you find a cellphone, a gun, or any bloody clothing either in his home, his yard, or his vehicle?”

  “No, we didn’t find anything of that nature.”

  Livingston scratched his head and referred to his notes for a moment. “The Medical Examiner testified that there would have been blowback from the bullet that entered Mrs. Lockhart’s body. Do you agree with his assessment?”

  “I do.”

  “Yet, you found no blood in Mr. Barrett’s vehicle, is that correct?”

  “Did you impound his vehicle so you could search a second time?”

  “We did.”

  “And you found no evidence connected to the murder of Mrs. Lockhart whatsoever, is that correct?”

  “That is correct.”

  Livingston looked just a little smug. “Did Mr. and Mrs. Barrett have a home phone?”

  “Yes, there was a land line in the house.”

  “Detective, in your report, you mention securing a subpoena for the Barrett’s phone records, is that correct?”

  “That is correct.”

  “In the phone records, did you find any unusual or suspicious calls?”

  “No.”

  “Did Mrs. Barrett tell you...”

  The DA was already poised to quickly stand up and did so as he said, “Objection, hearsay, Yo
ur Honor. Mrs. Barrett will not be called to testify against her husband.”

  The judge looked at the defense attorney. “Mr. Livingston?”

  “I withdraw the question. Detective, when you found the money in the backyard, what was Mark Barrett’s reaction?”

  “He seemed shocked.”

  “Did you ever find any blue slip-on shoes in the house, the car, or on his feet?”

  “No?”

  “Did you test Mr. Barrett’s hands for gunshot residue?”

  “No.”

  “Detective, when you counted the money, were you aware that it was the exact amount Slone Lockhart’s mother gave him the week...”

  Davis said, “Objection, not in evidence.”

  Livingston puffed his cheeks. “With the court’s indulgence, the defense will introduce testimony concerning the amount of money given to each of the children, when it presents its case.”

  “I will allow it for now, Mr. Livingston.” The judge scribbled something on his note pad and then looked up. “Detective, you may answer the question.”

  “Yes, I was aware of it.”

  “Did you get a warrant to search Slone Lockhart’s house?”

  “I did not have probable cause to search any other houses.”

  “I see, so you searched Mark Barrett’s house and not Slone Lockhart’s.”

  “Asked and answered, Your Honor,” said Davis.

  “Sustained.”

  “Detective Heffran, are you aware that Slone Lockhart, Lexi Hamilton, and Deputy Musgrave are good friends?”

  “I am not aware of that.”

  “Thank you, Detective. I have no more questions.” Livingston went back to his table and sat down.

  “Wow,” said Michael. “Livingston is really good. Now I’m not so sure they will convict Barrett. No blood, no gun, no blue shoes? Can you convict a guy on one fingerprint?”

  “Redirect, Mr. Davis?”

  Davis stood behind his table this time. “Why didn’t you test Mr. Barrett for gunshot residue?”

  “Because too much time had elapsed. It is assumed people wash their hands at least once a day, if not more often.”

  “Detective, how hard is it to get a gun without registering it?”

  “Not very hard at all. People loan them to each other, or buy them off the streets.”

  Davis changed his mind and walked to the lectern. “How easy is it for someone to dispose of a gun, bloody clothing, a cellphone and shoes?”

  “Very easy. Evidence is thrown in dumpsters, in bodies of water, buried, and sometimes even sent in a package through the mail to someone they know.”

  “Is there a body of water close to Mrs. Lockhart’s home, one in which the killer in this case might have walked to, and then disposed of the evidence before he drove home?”

  “Well, Walker Creek is just a couple of blocks away.”

  “Within walking distance?”

  “Yes.”

  “Your honor, the State of Oregon rests its case.”

  Livingston quickly hopped up. “Just a minute. Detective, did you drag Walker Creek?”

  “Yes.”

  “Did you find any of the missing evidence in this case?”

  “No, nothing.”

  Livingston intentionally shot Davis a satisfied look. “Nothing further, Your Honor.”

  The judge looked over his glasses at the DA. “Now the state may rest its case, Mr. Davis.”

  “The State rests, Your Honor.” Davis went back to his table and sat down.

  “Mr. Livingston, is the defense ready?” the judge asked.

  “Your Honor, the defense wishes to present a motion to the court.”

  “I see.” The judge turned his attention to the jury. “Ladies and Gentlemen, it is customary to give the Defense time to notify its witnesses and prepare their case. Therefore, you are excused for the rest of the day. Again, I remind you not to discuss this case with anyone, including family or friends. I further caution you to be leery of strangers trying to approach you. If you are so contacted by anyone you believe suspicious, you are directed to notify the court immediately. Court will reconvene at nine o’clock tomorrow morning. Bailiff you may remove the jury.”

  HAVING THE AFTERNOON off was not something either Jackie or Holly were expecting.

  “Ugh,” said Holly, “I just want to get this over with.”

  “Me too,” Jackie admitted, as the two of them watched Mark being escorted out, and waited for the courtroom to clear. When Holly refused to stand up to let her in-laws out, they were forced to face the opposite direction and wait for others in that row to leave.

  “Holly, are you sure insulting them is the best thing to do? Mark might not be convicted, you know.”

  “Oh, I’m not worried about that, especially if he testifies. Even if he doesn’t, they’ve got him. How else could his fingerprint have gotten on her door?”

  “How indeed? Do you have someplace to go this afternoon?”

  “I think I’ll just take a long bath and then watch a movie.”

  “What sort of movies do you like?”

  “Right now, I want to watch one where the bad guy gets blown up.”

  Jackie grinned. “Sounds good to me too. Okay, I’ll walk you out and then see you in the morning.”

  BACK IN HER HOTEL SUITE, Jackie appreciated sitting on a softer chair for a change. Together, the three of them watched some of the morning session, and concentrated on the victim’s four children.

  “So how do you think Barrett got rid of the evidence?” Jackie asked.

  “I bet he stripped and walked down the street naked,” Carl answered.

  “Yeah, but you know, if he got blood all over his clothes, why didn’t some of it drip on the stairs or across the living room when he left the house. They didn’t even find any on the inside of the front door,” said Michael. “It’s downright spooky.”

  “Maybe he’s that lucky,” said Carl. “Look who married him? That’s what I call ultra-lucky. Too bad he was too stupid to know it.”

  “I think you like Holly a little more than you should,” said Michael. “Thinking of asking her out?”

  “I’m a little old for her, but she needs someone grown up like me to take care of her,” said Carl.

  “Would you like an introduction?” Jackie asked. “I can arrange it. In fact, we could take her out to dinner tonight.”

  “How about dinner at that lodge where Slone Lockhart spent the night?” Michael suggested. “I wouldn’t mind knowing if he is a regular customer.”

  Carl wrinkled his brow. “I wonder why the DA didn’t check that out.”

  “Because the DA already had his criminal,” Jackie said. “If anyone checked, it would have been the defense attorney.”

  “Except,” Michael said, “that costs money and this is a pro bono case.”

  “So it is,” said Jackie. “Anybody interested in taking a ride in the gorgeous Oregon Mountains?”

  “With or without Holly?” Michael asked.

  “Without,” Jackie answered. “She needs to rest. She pretends not to be bothered, but she tightly clenches her left fist sometimes without realizing it.

  AS SOON AS CARL CAME back with a rented car, he and Michael synchronized their watches so they could see just how long the trip to the lodge took. It didn’t really matter – the exact time of the victim’s death could not be established to anyone’s satisfaction. They were just curious.

  They could not have chosen a better afternoon for a drive. The weather was excellent. The thick, green, Lodgepole and Ponderosa pine trees along both sides of the highway let in only occasional slivers of sunlight, making it appear as though they were deep in the forest. The farther they got away from the city, the sweeter the air smelled. Twice, a break in the forest let them see a sparkling fresh water lake that rippled in the wind.

  “I can drive, you know,” Michael grumbled from the back seat.

  “It’s not in your job description,” Carl smugly said.


  “We could let him drive on the way home,” Jackie said, just to see if he remembers how. She chose to sit in front with Carl, just as she always did, so Michael would not be encouraged to pursue his attempts at an engagement.

  “You’re the boss, Boss,” said Carl. Half a mile up ahead, he spotted a black-tailed deer wandering on the highway. As he slowed, he said, “Now, there’s something you don’t see every day.”

  “What a beauty,” said Michael. When the deer spotted the car, it jumped high in the air and then disappeared back into the forest.

  AS SOON AS CARL TURNED down the lane that led to the lodge, he checked his watch. “One hour and thirty-five minutes tops.”

  Michael agreed, “And it would have been less with little or no traffic on the night of the murder.”

  “Lexi lied and Livingston didn’t catch it?” Carl asked. “Maybe he’s not as sharp as we think he is.”

  “Or maybe he likes choosing better battles,” said Jackie.

  Michael pulled his laptop off the seat and opened it. “I think I’ll drop him a little note. There are several people chatting on social media about the case. Guess I’ll join in just to see if one of them is Livingston.”

  Jackie leaned around the bucket seat to look Michael in the eye. “Or the DA?”

  “You think the DA needs more evidence?” Carl asked.

  “Don’t you?” asked Jackie. “If they convict Mark of the murder, they need all the evidence they can find to convict whoever hired him.”

  As soon as Carl found a place to park, all three of them got out and took a look around. The parking lot was practically empty, but then, it was the middle of the week. A row of rental bicycles and three-wheelers were lined up beside the lodge, with a sign that read, ‘Inquire inside.’ The egg-shaped lawn had a wide border of flowers around the edges, and wooden outdoor lounge chairs surrounded a fire pit where a new log waited to be set ablaze.

  Always protective of her, Carl took hold of Jackie’s arm. “Listen.”

  In the distance, she could hear a woman yelling. “It’s coming from inside.”