CHAPTER 34
SURPRISE WITNESS
I stood up and said, "I'm going to bed." Stan looked up but didn't say anything as I walked past him and out the door. I slammed it hard. Stan's cavalier approach to picking a jury really pissed me off. I had worked hard to determine which prospective jurors should be stricken and he had just blown it all off as a waste of time. He'd said he believed in my instincts and wanted me to help him, but I guess that was just talk to make me feel good. I thought Stan was different but he was just a typical male, self-centered and thoughtless.
But I couldn't let my anger and disappointment in Stan's behavior affect my performance as second chair. Steven Caldwell's freedom was at stake, and if we'd made a mistake in jury selection, we needed to make up for it somehow during the remainder of the trial. We couldn't give up over one mistake. It was the final result that was important, not how you got there.
When Stan knocked on my door to go to breakfast on Thursday morning I felt like giving him the cold shoulder, but my plan quickly evaporated when I saw him. His disheveled appearance made it apparent he hadn't slept all night.
"You look like shit," I said.
"I'm not feeling so well," Stan replied.
"Why? What's wrong with you?"
"It might have been the champagne."
"The manager's complimentary bottle? I got one too. So you're hung over? Hmm. That's not like you."
"I couldn't sleep. I thought it might help."
"Why couldn't you sleep?"
"I don't know what got into me yesterday. I was just feeling so confident there in front of the jury. I know it was stupid not to take our strikes, but it just seemed like the right thing to do. Do you think I could get disbarred over it?"
"Oh. So that's it. . . . No. It was a judgment call. You watched the jury, listened to them, and felt it was a good strategy. You may be criticized for it by some, including me, but it was your call and it's water under the bridge now."
Stan took a deep breath. "I'm sorry I ignored you yesterday. I'm still not used to having a partner. I've always just done what I felt was right without consulting anyone."
"I can imagine it's a tough adjustment, but I can't help you if you don't tell me what's going through your head. I have no idea what your trial strategy is in this case. I'm flapping in the wind here, Stan. Help me out."
Over the next thirty minutes Stan finally revealed his trial strategy and I was pleasantly surprised. Now I could see why he had acted the way he had. He was setting a trap for Carla Simms and she was stepping right into it. When I told him I thought his strategy was brilliant, his color started to come back.
"You still look like shit. You better go back to your room and sleep for a couple of hours and then take a shower. I'll tell the judge that you had a bad reaction to something you ate, but you expect to be okay by afternoon. I'll cover for you until then."
"Are you sure? I can take a shower and be there by nine."
"No. We're partners, remember. We cover for each other."
Stan smiled. "Thanks, Paula."
There wasn't time for breakfast so I went straight to the courthouse. Several members of the press inquired as to Stan's whereabouts, but I didn't feel the need to respond to their inquiries since I'd be soon explaining it to the judge. Steven was already seated at the defense table when I arrived, so I joined him.
"Good morning," I said.
"Hi, Paula. Where's Stan?"
"Oh, he had a little allergic reaction to something he ate. He'll be okay by this afternoon."
Steven opened his mouth to respond when the bailiff yelled, "All rise. The 993rd Judicial District Court is now in session!"
The judge took the bench and looked over at me. "Ms. Waters, where's Mr. Turner?" He didn't look happy with my explanation but he told Carla Simms to call her next witness. Barbara Falk walked slowly to the witness stand. She looked thin and worn out from her ordeal. I wasn't looking forward to cross examining her. The judge administered the oath and then Simms began asking her all about Jimmy. A junior in high school, he was a smart boy with dreams of going to Rice University when he graduated. She didn't know much about the alleged conflict between Steven Caldwell and her son, but she suspected there was a problem when Steven called their home a couple of times.
"Can you tell us about those phone calls?" Simms asked.
"Well, the first one took place about two weeks before the accident. Steven called and asked if Susan was there. He seemed angry and was short with me when I told him that I hadn't seen her. I thought it was rather odd for him to be calling our house since I knew Jimmy and Susan were dating."
"Did you ask Jimmy about it?"
"Yes, but Jimmy didn't like to talk to me about his social life. He just told me not to worry about it."
"You said there was a second time?"
"Yes, a few days before the accident Steven called and asked if Jimmy was going to Camp Comfort for the weekend camp out. I said I thought he was and asked why he wanted to know. He didn't respond right away but finally said he was working on a duty roster and needed to know if he could put him down or not. Again he sounded a bit hostile and I didn't believe that he was being honest about the purpose of the call. I didn't mention this call to Jimmy since he had told me not to worry about the previous call and, obviously, didn't want to talk to me about any problems he might be having with Steven. That probably was a mistake."
Simms continued to question Barbara Falk but there wasn't much she really knew about the events of September 10, so I only asked her a couple questions on cross-examination.
"Mrs. Falk. Steven never said anything derogatory about Jimmy, did he?"
"No."
"And he never directly threatened him, did he?"
"No."
"And Jimmy didn't tell you there was a problem between Steven and him, did he?"
"No."
"Now, when Ms. Simms asked you to tell the court about the phone calls, you said the first one took place about three weeks before the accident. Isn't that right?"
"Yes?"
"So, you believe it was an accident and not murder?"
A thoughtful look came over Mrs. Falk's face. She looked up at the judge and then she shrugged."Well, I don't know what to think."
"Thank you. No further questions."
The judge excused Barbara Falk and Ms. Simms called Susan Weber. This was the witness who could really hurt us and I wished Stan were here to cross-examine her. I looked at my watch and saw it was 10:30 a.m. There was a good chance the judge would recess for lunch before I had to begin my cross examination. With a little luck Stan would be back in the courtroom by then and could take over for me. Susan Weber looked sad, alone, and a little scared when she took the stand.
Simms took Susan through her relationship with Steven, the drifting apart, the breakup, her new relationship with Jimmy. Then she asked how Steven had taken it when she and Jimmy started dating.
"He was very upset and jealous when he found out. He called me every day wanting to hang out or do something together. When I said I had other plans he demanded to know what they were and if I was going out with Jimmy."
"When you continued to spurn him, what happened?"
"He got angry and wanted to know what he'd done to make me mad at him. I told him he hadn't done anything but that I was just bored with him."
"How did he take that?"
"I think it really hurt him. All he said after that was that he didn't believe me and that I'd change my mind."
"Did you?"
"No, Jimmy and I were having a lot of fun together. Jimmy was much more talkative and exciting to be around. I would have never gone back to Steven after I'd met Jimmy."
When Simms indicated she had no more questions of Susan, it was about 11:45 a.m. The judge looked at the clock on the wall and said, "All right. We'll recess until 1:30 p.m. at which time you can begin your cross examination, Ms. Waters."
"Yes, Your Honor," I nodded, breathing a sigh of relief.
Although Susan wasn't entirely hostile to Steven, she had portrayed Steven as an angry, jealous, and obsessed ex-boyfriend who had plenty of motive to kill Jimmy Falk. The fact that she obviously still had some affection for him, made her testimony even more effective. It wouldn't be easy for Stan to discredit her.
When I got back to the motel, Stan had ordered us pizza for lunch and looked much better than when I had left him. Since I hadn't eaten breakfast, I was famished and didn't waste any time digging in. While we ate, I briefed him on what had transpired during the morning session and told him he'd be cross-examining Susan Weber when he returned. He said he had gotten a couple hours sleep, taken a hot shower, and felt much better. He apologized again for the previous day and thanked me again for covering for him.
When we got back to the courtroom, Steven was obviously relieved to see Stan. That didn't bother me too much as I knew that Steven had known him for several years and trusted him. Susan took the stand and the judge told Stan he could begin his cross examination.
Stan smiled. "Miss Weber. I know you've suffered a horrible loss and I don't want to make you suffer any additional agony over Jimmy's death. Unfortunately, I do have to ask you a few questions since Steven's life is now on the line."
Susan replied, "It's okay."
"At one time you and Steven were in love, is that not correct?"
"Well, we thought we were."
"I understand you later realized you were not in love with Steven. You've said that, but don't you think Steven still loves you?"
"Yes, and I feel bad that my feelings changed, but—"
"That's all right. All I'm getting at is that Steven loved you and probably still loves you, right?"
She nodded. "Yes."
"In the time that you were together did you ever see Steven do anything violent?"
"No. I can't think of anything."
"How would you characterize his temperament?"
"He was kind, gentle, and easy-going."
"Didn't you say he was boring?"
"Yes, compared to Jimmy."
"So, do you really think Steven would be capable of murder?"
"No, I wouldn't have thought so, but he changed after I left him. He was angry and couldn't let go."
"Yes, he loved you. He was hurting. It's not easy to let go of someone you love. Did he really act that abnormally under the circumstances?"
"No. I guess not."
"Wouldn't you have done the same thing, had the tables been turned?"
She shrugged. "Maybe."
"Is it possible that when Steven asked Jimmy to go into town with him to get supplies, that he was finally accepting the fact that it was over between you and him, and moving on?"
"Yes. I suppose that's possible."
"And from your intimate knowledge of Steven, isn't that much more likely than Steven concocting a sinister plot to murder Jimmy Falk?"
Susan shrugged again and took a deep breath.
Stan didn't wait for an answer. He said, "Thank you. No further questions."
On redirect Simms went through the altercation between Steven and Jimmy at the pep rally and asked Susan to repeat Steven's parting words. She replied, "This isn't over, Jimmy. Not by a longshot." After Susan had been excused, Simms examined detective Ben Hayden. He added little to the testimony we'd already heard. Simms next called the troop's scoutmaster, Roger Dickens.
"Mr. Dickens. Can you tell us how your troop is organized?"
"Well, I'm the scoutmaster, Steven Caldwell is . . . was the junior assistant scoutmaster. He had worked his way through the troop, became an eagle scout, and when he was too old to be a scout any longer, we invited him to be our junior assistant scoutmaster. We also have an assistant scoutmaster and three parent advisors who come to meetings and sometimes go on camping trips as well."
"As a junior assistant scoutmaster what were Steven's duties?'
"To assist me and take over whenever I couldn't personally handle an activity."
"Have you given him any specific tasks to assist you when you're at Camp Comfort?"
"Yes, he was in charge of the mess hall and the campfire."
"Does that mean he arranges the entertainment for the campfire?"
"Yes."
"And did that entertainment usually include a magic show?"
"Yes, Steven's hobby was magic and he always put on a little show at camp. He was quite good, you know, making things disappear and later reappear."
"He was a smart kid then?"
"He was an Eagle Scout," Dickens replied. "You have to be very smart and very determined to earn that award."
"And what was Jimmy Falk's position in the troop?"
"He was one of our veteran members, a Life Scout working on his Eagle."
"So Jimmy and Steven Caldwell had been together in the troop a long time?"
"Yes, about three years."
"How did they get along?"
"Just fine, as far as I can remember. Steven and Sam, that's Jimmy's brother, were good friends."
"Did you ever notice any disharmony between Steven and Jimmy?"
"Well, at our last meeting, before the camp out at Possum Kingdom Lake, they had an argument. I didn't realize what it was about at the time. I just thought it was Jimmy rebelling against something Steven wanted him to do. I only found out later it was about Susan."
"Did Steven strike Jimmy during that argument?"
"Well, you know, he might have pushed him a little like boys do. Jimmy certainly wasn't hurt, that's for sure."
"Did anything else happen between Jimmy and Steven that alarmed you?"
"Well, at the camp out Steven was picking on Jimmy and teasing him a little more than I thought appropriate, so I pulled him aside, told him to lighten up, and keep his personal issues to himself."
"What was his reaction?"
"He said he was sorry and he'd figure out another way to deal with Jimmy Falk."
The courtroom went deadly silent. Carla Simms looked over at the jury and said, "So, he said he'd figure out another way to deal with Jimmy Falk."
"Yes."
"What was the tone of his voice?"
"It was a little intense, so I told him to grow up and act like a man."
"Intense? You mean threatening?"
"Perhaps. I didn't like his attitude so I told him to go take a walk and come back when he was in control of his emotions."
"Did he take your advice?"
"Yes, and when he came back twenty minutes later it was like nothing had happened. In fact, that's when he asked for a volunteer to go to town with him to pick up supplies."
"So, what happened then?"
"Jimmy volunteered. The boys love to ride in the Jeep, so they always fight over who gets to go to town with Steven."
"I see. So, Steven selected Jimmy?"
"Right."
"When they left, did you think everything was okay?"
"Yes."
"Pass the witness, Your Honor," Simms said.
The judge nodded. "Mr. Turner."
Stan stood up and stepped a few feet in front of the defense table. "Mr. Dickens. You said Jimmy and Steven seemed to be over their differences when they left for town, is that right?"
"Yes."
"And you testified that Jimmy, in fact, jumped at the opportunity to go with Steven, correct?"
"Yes."
"So, he couldn't have felt very threatened by Steven—"
"Objection, calls for speculation," Simms said.
"Let me rephrase," Stan replied. "In your opinion, did Jimmy seem at all concerned about being alone with Steven?"
"No, not at all. In fact, I heard them laughing and joking while they were getting ready to go."
"So, in your experience as a scoutmaster, were skirmishes like the ones between Steven and Jimmy unusual?"
"No, not really. Kids are kids. They don't always get along and tempers flare on occasion. It's not that unusual."
"One last question. You testifi
ed Steven was an Eagle Scout, right?"
"Yes," Dickens replied.
"Isn't one requirement for being an Eagle Scout to have a high moral character?"
"Yes, absolutely. If there was any question about a scout's moral character, he wouldn't get the award."
"Isn't it also true that Steven was awarded the God and Country Award?"
"Yes, he got that the same year he made Eagle Scout."
"That's a religious award, isn't it?"
"Yes, it requires the scout to pass a very rigorous course of study of his particular religion. His priest, minister, or rabbi must participate and certify that he qualifies for the award."
"So, along with being very smart and determined, wouldn't you say Steven Caldwell was of the highest moral character by virtue of his being an Eagle Scout and a recipient of the God and Country Award?"
Dickens smiled broadly. "Yes, I would. There's no doubt in my mind about that!"
"Thank you, Mr. Dickens. Pass the witness."
I felt better. Stan had done some damage on cross. Sure there was a fight over Susan Weber, that had been established, but it didn't seem to me that Carla Simms had come close to convincing anyone that it was enough to trigger the intricate plot to kill Jimmy Falk that she was trying to sell. But she still had a few more witnesses, so I wasn't breathing easily as of yet. Her next witness was Steven's best friend and Jimmy's brother, Sam Falk. This would be interesting.
As with Susan Weber, Sammy Falk was caught in the middle of this teenage love triangle. Obviously he would be torn between his best friend and his brother. I could see the torment on his young face as he took the witness stand and was sworn in. He was shorter than I expected with dark brown eyes and black hair.
"Sammy," Simms began. "You are Jimmy's brother, right?"
Sammy nodded and replied, "Yes, Ma'am."
"I'm sorry about your brother. I know this must be hard for you testifying today, but it's very important that you tell the jury everything you know about what happened between Steven Caldwell and your brother."
"It's okay. I understand."
"Now, you were good friends with Steven Caldwell, isn't that right?"
"Sure."
"Tell us about Steven's relationship with Susan Weber before she met your brother."
Sammy looked inward for a moment and then smiled, "They were in love. I thought they were going to get married. They hung out together all the time and couldn't be away for ten minutes without calling each other."
"So did that change at all?"
"Yes, Steven and I graduated and went to junior college, but Susan had another year in high school. They didn't see as much of each other after that. They still hung out on weekends for a while but even that began to taper off."
"So tell us how Susan and Jimmy met, would you?"
"Sure. They met at our house one day. Steven, Susan, and I were messing around one Saturday afternoon when Jimmy came home. Jimmy knew Steven but hadn't met Susan, so I introduced them. Later Jimmy told me he thought Susan was hot. I didn't think much about it at the time, but a few weeks later I mentioned that Susan and Steven seemed to be drifting apart and Jimmy said he was going to call her. I didn't think he was serious but before I knew it they had set up a date."
"Did Steven find out about it?"
"Yes. I overheard Susan telling Jimmy that Steven was very upset that she was dating him. Jimmy asked her what she was going to do, and she said it was over between Steven and her, so not to worry about it."
"Did you observe anything else as a result of the breakup between Steven and Susan?"
"Yes, Steven asked me to talk to Jimmy and tell him to back off."
"Did he say what he would do if he didn't?"
Sammy looked down and took a deep breath.
"It's important, Sammy," Simms persisted. "Tell the jury what Steven told you he would do if Jimmy didn't leave Susan alone."
Sammy looked up at Simms. "He said he'd kill him."
"What? I don't think the jury heard that," Simms pressed.
Louder, Sammy said, "He said he'd kill him if he didn't stay away from her."
The gallery erupted into excited chatter. The judge banged his gavel and demanded order. As the room quieted, all eyes were on Carla Simms, who had a smug look on her face. "Thank you, Sammy," she said. "No further questions."
The judge looked at his watch. "Okay, we have just enough time to finish up with this witness and then we'll break for the day. Mr. Turner, your witness."
Stan stood. "Thank you, Your Honor. Sammy, what did you think when Steven said he would kill your brother if he didn't back off?"
"It bothered me a little."
"A little? Not a lot?"
Sammy shrugged.
"It didn't bother you a lot because you didn't take it seriously, did you? You didn't really believe Steven would kill your brother, did you?"
"No, sir."
"Isn't it common for kids to say they're going to kill someone if they do something they don't like? For instance, I'll kill you if you eat any more of my popcorn?"
Simms stood up. "Objection, counsel is testifying."
Judge Applegate shrugged. "I'll allow it."
"Go ahead, Sammy. You can answer my question," Stan said.
"Yes, I've heard people say that before."
"So, is that why you were only a little upset when Steven said he would kill your brother if he didn't leave Susan alone?"
Sammy nodded. "Yes, sir."
"Thank you, Sammy. Pass the witness," Stan said.
Simms stood up. "Jimmy. Now that your brother is dead, how do you feel about what Steven said."
"Objection!" Stan said. "Irrelevant and intended to inflame the jury."
"Withdrawn," Simms said. "Let me put it this way. If you didn't think Steven would kill your brother, what did you think he would do to him?"
"I don't know. I never thought he'd do anything. I just assumed it would blow over."
"Thank you, pass the witness."
The judge frowned. "Are we done with this witness?"
"Yes, Your Honor," Stan replied.
"Very well then, we are in recess until 9:30 tomorrow morning."
As soon as the judge left the bench the gallery erupted in spirited conversation. It was obvious that Sammy's testimony had hurt us. I could see it in the dejected look on Steven's face and the worry in Stan's eyes. Fortunately, by my calculation Sammy was the prosecution's last witness so I thought the worst was over. But I was wrong. Simms walked over to Stan and handed him some papers. "Oh, here's an addition to our witness list."
Stan snatched the paper out of her hand and began reading it. Suddenly his eyes widened and he looked up at Simms angrily, "You're calling Peter? You can't do that. He's my son."
"I don't care if he's your son. He knew Jimmy and Steven and he's fair game."
Stan glared at Simms and said, "There are ten other members of the troop you could just as easily call. There's no need to call my son. You're doing this just to irritate and harass the defense."
"Take it up with the judge," Simms said as she walked off.
Stan stared at her as she left the courtroom. For a moment I thought Stan was going to chase after her, but he didn't move. I went over to him and put my hand on his shoulder. "Don't worry. The judge won't allow it. She has no justification for adding Peter to the witness list at the last minute. She's just trying to upset you and distract you while you're preparing to put on our defense. Just forget about it, let me handle this."
"Shit!" Stan yelled, throwing his legal pad down on the table. "Rebekah is going to have a stroke when the constable shows up with a subpoena. I can't believe that bitch would do something like this."
"I'm sorry, Stan. I'll call Rebekah and warn her. You just concentrate on getting your case ready. You'll have to give your opening statement before noon tomorrow, I'm sure. You can't be distracted by this."
Stan agreed to let me handle Simm's last-minute ploy, but I feared he'd
still be quite distracted. It was a very clever move and I had to admire Simm's timing, but I couldn't let her get away with it. It would be a late night researching case law at the Palo Pinto County Law Library. I had to find some legal authority for keeping Peter off the witness stand. I just prayed I'd find some.
Cactus Island, A Stan Turner Mystery Vol 8 Page 34
