Cimarron Rose bbh-1

by James Lee Burke

  'My mother don't get off from work till nine,' he replied.

  'Did you eat yet?'

  'Some.'

  'Like what?'

  'Viennas and saltines.'

  'I think we'd better get us a couple of those chicken-fried steaks at the cafe.'

  'I knew you was gonna say that.'

  It was dusk when we got to the cafe. We sat under a big electric fan by the window and ordered. Down the street, the sun was red behind the pines in the church yard. Pete had wet his hair and brushed it up on the sides so that it was as flat as a landing field.

  'You have to be careful, bud. Don't talk to strangers, don't let some no-count fellow tell you he's a friend of your mom,' I said.

  'Temple done told me all that.'

  'Then you won't mind hearing it again.'

  'That ain't all she told me.'

  'Oh?'

  'She said for a river-baptized person you been doing something you ain't supposed to. What'd she mean by that?'

  'Search me.'

  'It's got to do with that lady from the sheriff's department. That's my take on it, anyway.' He bit off a bread stick and crunched it in his jaw.

  'Really?'

  'Temple talks about you all the time. She said she feels like going upside your head with a two-by-four.'

  'How about clicking it off, bud?'

  'You gonna come to my ball game this weekend?'

  'What do you think?'

  He chewed the bread stick and grinned at the same time.

  In a candid moment most longtime cops and prison personnel will tell you there are some criminals whom they secretly respect. Charles Arthur Floyd was known for his scrupulousness in paying for the food he was given by Oklahoma farmers when he hid out on the Canadian River. Clyde Barrow finished a jolt on a Texas prison farm, then went back and broke his friends out. Men who have invested their entire lives in dishonesty do max time rather than lie about or snitch-off another con. Murderers go to their deaths without complaint, their shoulders erect, their fears sealed behind their eyes. The appellation 'stand-up' in a prison population is never used lightly.

  But the above instances are the exceptions. The average sociopath is driven by one engine, namely, the self. He has no bottom, and his crimes, large or small, are as morally interchangeable to him as watching TV with his family or walking back to a witness at a convenience store robbery and popping a. 22 round through the center of her forehead.

  Darl Vanzandt pulled his '32 Ford into my drive the next evening, then saw me currying Beau in the lot and drove his car to the edge of the barn and got out and stood in the wind, his face twitching from the dust that swirled out of the fields or the chemicals that swam in his brain.

  He approached the fence and lay his forearm on the top rail, studying me, his unbuttoned shirt flapping on his chest. I hadn't noticed before how truncated his body was. The legs were too short for his torso, the shoulders too wide for the hips, the hands as round and thick as clubs.

  'Say it and leave,' I said.

  'Bunny Vogel quit his job at the skeet club. My mother got him that job. He walks in yesterday and tells the manager he's finished bagging trash and cleaning toilets. Big fucking superstar. He's gonna dime me, that's what he's doing.'

  'Who cares?'

  'It's Bunny who started it all. I'm talking about Roseanne. You listening? Bunny pretends he's a victim or something. Believe me, 'cause he's got a messed-up face doesn't mean he's a victim.'

  'Not interested.'

  He made an unintelligible sound and his face seemed to wrinkle with disbelief.

  'I can give you Bunny, man,' he said.

  'I'm not interested, because you're a liar, Darl. Your information is worthless,' I said.

  He inched farther down the fence rail, as though somehow he were getting closer to me.

  'You want Garland Moon? I can do that too. I got stuff on that geek can make you throw up,' he said.

  'Nope.'

  'What's with you?'

  I pulled Beau's left front hoof up between my legs and pried a rock out of his shoe with my pocketknife. I could hear Darl's shirt puffing and flapping in the wind.

  'You and Marvin Pomroy got to work some kind of deal,' he said. 'The judge said I fart in the street, I'm going to the Walls. I'm still a kid.'

  I put down Beau's left hoof and stooped under his neck and picked up his other front hoof. The wind blew my hat across the lot into the barn.

  'My old man,' Darl said.

  'What?'

  'That's who you're really after. You want him, I can give him to you.'

  I stood erect and stared at him. No shame, no expression except one of expectancy showed in his face. I folded my pocketknife blade in my palm and walked toward him and placed my hand on the smoothness of the fence rail next to his. His skin was sunburned inside the peach fuzz on his cheeks; there was a small clot of mucus in the corner of his mouth.

  'I don't want anything you can give,' I said.

  'Wha-'

  'I'm going to take it from you on the stand,' I said.

  I turned away from him and stroked Beau's face and took a sugar cube from my shirt pocket and let him gum it out of the flat of my hand. A moment later I heard Darl's car engine roar, then the dual exhausts echo off the side of the house and fade away in the wind. chapter twenty-eight

  The evening before opening statements I drove to Lucas Smothers's house and took a new brown suit, white shirt, and tie off the clothes hook in the back of the Avalon and knocked on the door. Lucas appeared at the screen with a wooden spoon in one hand and a shot glass in the other.

  'You got your hair cut,' I said.

  'Yeah, just like you told me.'

  'What are you doing with a whiskey glass?'

  'Oh, that,' he said, and smiled. 'I'm baking a cake for my father's birthday. I use it for measuring. Come on in.'

  I followed him into the kitchen, the plastic suit bag rattling over my shoulder.

  'What's that?' he asked.

  'It's your new suit. Wear it tomorrow.'

  'I got a suit.'

  'Yeah, you've got this one. Tomorrow, you sit erect in the chair. You don't chew gum, you don't grin at anything the prosecutor or a witness says. If you want to tell me something, you write it on a pad, you never whisper. You do nothing that makes the jury think you're a wiseass. There's nothing a jury hates worse than a wiseass. Are we connecting here?'

  'Why don't you carve it on my chest?'

  'You know how many defendants flush themselves down the commode because they think the court is an amusement park?'

  'You're more strung out about this than I am.'

  Because I know what you'll face if we lose, I thought. But I didn't say it.

  He stood tall and barefoot at the drainboard, measuring vanilla extract into the shot glass. Outside the screen window, the windmill was silhouetted against a bank of yellow and purple clouds.

  I watched him pour the vanilla extract into the cake bowl, his long fingers pinched lightly on the sides of the shot glass.

  'Why you looking at me like that?' he asked.

  'The first time I interviewed you at the jail, you told me you and Roseanne were "knocking back shots",' I said.

  'Yeah, Beam, with a draft beer on the side.'

  'But you were working with the band that night. You had on that blue-check shirt with the gold trumpets sewn on the shoulders, the shirt you bought to play in the band.'

  'Yeah, like that Jamie Lake gal said.'

  'Why'd you start doing boilermakers while you were working?'

  'We were on the break. I just had two. My stomach must have been empty or something. I remember Roseanne was mad 'cause of something Bunny said. She wanted to get a six-pack and go down the road and drink it. I wouldn't have done it, but I was jackhammered by then.'

  'Did she drink as much as you did?'

  'Yeah, I guess.'

  'But you passed out and she didn't.'

  'I just ain't following you
, Mr Holland.'

  'Where was Darl Vanzandt when you decided to smash down a couple of boilermakers?'

  'He was at the bar. Darl never gets far from the juice man when he's inside Shorty's… What's wrong?'

  'I never saw it. I kept thinking about the autopsy report on Roseanne. I was thinking about the wrong person.'

  'What per-'

  'A hooker from San Antone told me Darl probably doped Roseanne with roofies. But he didn't. He doped you.'

  Lucas set the shot glass down on the drainboard and looked at it numbly.

  'They laced me with downers twice? I reckon that makes me pretty dumb, don't it?' he said.

  'I'll pick you up in the morning,' I said.

  'Mr Holland, Darl didn't have no reason to kill Roseanne.'

  'He doesn't need one. He enjoys it.'

  My motion to dismiss was denied by Judge Judy Bonham, known as Stonewall Judy for her malleability and sense of humor. She was perhaps forty years old, had a complexion that seemed never to have been exposed to sunshine, and black hair that looked waved permanently in place. Four times a week she lifted freeweights at the health club in a pair of sweatpants and a heavy, long-sleeve jersey. When she did stomach stretches on the bench, her hips and buttocks flattened and seized against her sweats like metal plate.

  The court had never been air-conditioned and depended for cooling on a cross breeze through the open windows and the oscillating electric fans affixed high up on the walls. The courthouse lawn was still in early-morning shadow, the sprinklers slapping against the tree trunks, when Marvin Pomroy began his opening statement.

  It was eloquent, filled with a subdued outrage at the brutality of the crime, the degradation visited upon the victim before she died, her betrayal by a young man 'whom she had trusted, whom she had probably loved, perhaps hoped to marry, until in a drunken rage he ripped the young life out of her body.'

  As always, Marvin called upon his greatest talent, namely, his ability to convey to a jury that, regardless of what the evidence did or did not indicate, he himself was absolutely convinced of the defendant's guilt. Over half the jury was black and Hispanic. It didn't matter. Marvin became the hard-shell southern Baptist who did not apologize for what he was and instead made you feel you shared the same sense of decency and tragic loss as he. The rectitude in his eye, the bloom on his cheeks, the knot in his words when he mentioned the blows that had rained down on the victim's face, were such that the listener heard the voice of principle, the preacher in his own church, the moral instruction of his mother and father.

  On his left hand, Marvin wore a silver ring with a gold cross embossed on it. During his opening statement, that hand would clench the rim of the jury box several times.

  In fact, his opening statement was too convincing. The doubts I had seen in him during our last meeting were gone. Which meant something had happened since that day I had told him I had found two witnesses who would testify Lucas was passed out in his truck when Roseanne was still alive.

  I walked toward the jury box.

  'The prosecutor has told you about the level of injury and the humiliating death visited upon the victim, Roseanne Hazlitt,' I said. 'He will come back to those images again and again. The implication is that someone must be punished for what was done to this young woman. And that's the problem: the prosecutor is telling you someone must be punished, even if it's the wrong person.

  'Two people have been victimized by this crime. The second victim is Lucas Smothers, a nineteen-year-old boy who never hurt anyone in his life. From the time of his arrest at the crime scene, when he was virtually unconscious, incapable of attacking anyone, the sheriff's department has not made one attempt to investigate the very real probability someone else was responsible for Roseanne Hazlitt's death.

  'Instead, a boy who has never been arrested except for a traffic violation was put in a lockup unit with two psychopaths, written off as guilty by the prosecutor's office without even a preliminary investigation, and brought to trial after the prosecutor knew, knew, we had found witnesses who could prove Lucas Smothers could not have committed this crime.

  'You'll hear from these witnesses, just as you'll hear about sheriff's deputies who either lost or destroyed crime scene evidence that may have told us who the real assailant was.

  'The prosecutor, Mr Pomroy, once told me our legal system exists to give voice to those who have none. He's right. But it also exists to protect the innocent and to punish the guilty and to ensure they do not commit their crimes again. In this case, not only has an innocent young man been charged and brought to trial, the real assailant has been allowed to remain free, in our community, free perhaps, in the words of the prosecutor, to rip the life from the body of another woman.'

  I talked about reasonable doubt, the lack of motive, the fact that some of Roseanne's friends who came from wealthy families (and I meant Darl Vanzandt) had never been questioned during the investigation. But at the moment when I mentioned the element of wealth, a strange division took place in the jury box. The eyes of the black and Mexican jurors remained fixed on my face, unperturbed at my words, while the gaze of four white, upper-income jurors shifted into neutral space, click, just that fast.

  When we recessed, Marvin Pomroy passed the defense table and said, 'You stepped in the bubble gum on that last one, counselor.'

  I rubbed my temple and looked at his back.

  'What'd he mean?' Lucas asked.

  'Don't tell a Republican the system that protects his money is corrupt.'

  Marvin's first witness was Roseanne Hazlitt's aunt. She walked with a cane to the stand, her back bent at the spine. She seemed even more frail than when I had interviewed her at her house. Her hand quivered on the curve of her cane; deep lines fanned out from her mouth like those in a mummy; her eyes jittered with the rheumy death light of the mortally ill.

  But her animosity toward Lucas flared in her words, stripped the obstruction from her throat, reached out like knots in a whip.

  'Did your niece tell you she thought she might be pregnant?' Marvin asked.

  'Objection. Irrelevant,' I said.

  'Goes to motive,' Marvin said.

  'Overruled,' the judge said.

  'Yes, she did,' the aunt said.

  'Pregnant by whom?' Marvin asked.

  'Your honor, the victim was not pregnant. The prosecution is trying to introduce a nonexistent situation into the trial,' I said.

  'Then bring that out in cross-examination. In the meantime, sit down and shut up, Mr Holland,' the judge said.

  'She thought that 'un yonder made her pregnant,' the aunt said.

  'You're indicating Lucas Smothers?' Marvin said.

  'I'm pointing at the one right there beat her to death and y'all didn't have guts enough to prosecute in the first degree,' the aunt said.

  'Objection,' I said.

  'Sustained. Jury will disregard the witness's last remark,' the judge said.

  But the pointed finger of accusation, the anger that seemed to indicate an unspoken knowledge about Lucas's guilt would not leave the jury's memory because of a judge's admonition. After Marvin sat back down, I rose and approached within five feet of the stand.

  'Ms Hazlitt, I interviewed you right after your niece's death, correct?' I said.

  'You come out to the house, if that's what you mean.'

  'I asked you about someone she had slapped at Shorty's the night she was attacked, correct?'

  'I told you she never hurt nobody in her life, too.'

  'You surely did. Then you told me something like, "It was them hurt her." Isn't that correct?'

  'I don't recall that.'

  'Then I asked you who "them" was, who were those other people who had harmed her in the past. Isn't that correct?'

  'Objection, counsel's testifying, Your Honor. The witness already stated she didn't remember,' Marvin said.

  'Where are you going with this, Mr Holland?' the judge said.

  'The witness obviously has hostile feelin
gs toward the defendant. However, in a previous conversation she indicated her niece had been injured in some fashion by people other than Lucas Smothers.'

  'There's no evidence of this conversation. Mr Holland is putting words in the witness's mouth and then questioning her about them. It's bizarre,' Marvin said.

  'I'll give you a short piece of rope, Mr Holland,' the judge said.

  'Ms Hazlitt, did you tell me people other than Lucas Smothers had harmed your niece?'

  'Objection, your honor. He's doing it again,' Marvin said.

  'Sustained. Last warning, counselor,' the judge said.

  'I apologize, your honor. I'll rephrase the question. Ms Hazlitt, did you indicate someone other than Lucas had harmed Roseanne in the past?' I said.

  'I don't recall that,' the aunt replied.

  'You didn't refer to her male friends as people who had "gotten the scent of it", or as "dogs sniffing around a brooder house"?'

  Marvin was on his feet again, but the judge spoke before he could.

  'That's it. Both of you approach the bench,' she said. She leaned forward and covered the microphone with her palm. 'You two guys are starting to piss me off, particularly you, Mr Holland. This isn't the trial of the century. You got problems with each other, settle them outside. And you, Mr Holland, either you join the Screen Actors Guild or put an end to these diddle-doo theatrics. Are we clear on this?'

  At lunchtime Lucas, Temple, and I walked across the square to the Mexican grocery store and ordered takeout from the small cafe in back, then carried it back to my office. Vernon Smothers caught up with us on the sidewalk. He had put on a tie and coat and white shirt, and his face was sweating in the sun.

  'What's going on? When you gonna put on them damn deputies destroyed evidence?' he said.

  'I'll talk with you about it later, Vernon,' I said.

  'That's my son. I'm supposed to figure out his trial by watching the evening news?'

  I glanced at Temple. She touched Lucas on the arm and walked with him into the foyer and up the stairs of my building.

  'I can't call the deputy I need. Why? I don't even know where she is. Why? She shot two guys out at the skeet club. You want me to go on?' I said.

  I expected his face to tighten with anger, as it always did when Vernon heard something he didn't like. But he surprised me. He closed his eyes and rubbed his fingers hard in the middle of his brow.