The Iniquitous Investigator (A Nick Williams Mystery Book 8)

by Frank W. Butterfield

  He smiled and let me do just that. He put his other hand over mine and looked at me. "Promise me you'll come see my Pauline when you get out?"

  I nodded. "I promise."

  . . .

  Mrs. Strakova was making Eggs Benedict for breakfast so I toasted the English Muffins instead of slicing bread. At one point, she wiped her hands on her apron and pulled me aside. "The trial is today?"

  I nodded. "I don't know how long it will last."

  She smiled. "I pray to Saint Theresa for you and Mr. Carter." She took my hands and grasped them. "You do so much good in the world, Mr. Nick. I know about you before Anna ask me to come to cook." She glanced around the kitchen. "Now, look. We bring good foods to the ones who are lost. Just like the story of the fishes and the breads." She put her arms around me and hugged me tightly. In my ear, she whispered some words I didn't understand. As she released me, she kissed me on the cheek. Wiping her eyes on her apron, she said, "I see you tonight at your home. You and Mr. Carter. We have a special dinner."

  I asked, "What about the guys here?"

  She smiled. "I prepare everything and they cook. Tomorrow I come back with Ida. She should have the job. She like the work. Then I come maybe two or three days each week. That OK?"

  I nodded. "Of course."

  She walked back over to where Tiny and Johnny K. were standing. Tiny was separating eggs for the sauce and Johnny K. was chopping parsley. I realized it was time to turn down the oven, so I did that. As I turned around, Tiny was standing right next to me.

  Impetuously, he hugged me and said, "Go get 'em, Nick. And don't forget about us when you leave."

  I smiled down at him and said, "Who knows? I might be back tonight."

  He looked up at me, still holding me by the waist, and shook his head. "No. You heard Mrs. S. You and Carter will be home tonight in your big bed. I just know it."

  Johnny K. put down his knife, wiped his hands on his apron, and walked over to where we were standing. "Best of luck, Williams." He offered his hand and I took it. I couldn't believe it, but I was gonna miss these guys.

  . . .

  After breakfast, I couldn't do the clean-up duty because of the time. I took a shower next to Carter and then walked back to my cell. There was a suit of clothes and shoes laid across the cot. I wondered who had dropped them off. Once I was dressed, I packed up all my stuff in the cartons I had accumulated and put those on the cot. Maybe Mrs. Strakova and Tiny were right. It didn't hurt to be prepared.

  I looked around with a mild fondness. It wasn't as bad as I'd been afraid it might be. There was no doubt that money had made the whole thing easier, but it was the people I was going to miss the most.

  I started to walk out and then suddenly remembered the envelope. I turned away from the door and quickly pulled my shirt and undershirt out of my trousers. I dug for the envelope and found it where I'd left it: at the bottom of the carton with the nasty jail-issued shoes. I stuck the envelope into the band of my BVDs, then re-tucked my undershirt and shirt. I smoothed everything out and walked out of the cell door.

  Before light's out the night before, I'd written a note for Sammy. As I passed his cell, I looked around to make sure no one was watching, and quickly walked in. He was stretched out on his cot. He smiled at me and stood up as I walked in. I said, "I don't know if I'll see you in here tonight." I put the note in his shirt pocket. "Call me if you need anything. I mean it." I leaned down and kissed him on the cheek.

  He giggled and said, "Good luck, Nick. I'll see you on the outside."

  I nodded, tapped him on the chin with my right fist, and said, "I'm counting on it."

  Chapter 13

  Superior Court for the County of Marin

  Room 100

  Monday, July 19, 1954

  Just past 10 in the morning

  "All rise. The Honorable Jackson Roswell, presiding."

  The judge took his chair and said, "Be seated."

  The room was even more packed than it had been the week before. When Carter and I were brought in from the holding cell, I noticed that there were a fair number of men in uniform. I recognized the uniform of the Marin County Sheriff's Office. I also saw a couple of cops from S.F.P.D. And one from Oakland. I wondered what that meant.

  The judge said, "In the matter of State of California versus Nicholas Williams and State of California versus Carter Jones, are the parties present?"

  Weissech and Garety stood up as did Kenneth and Ben.

  Weissech said, "The prosecution is present and ready, Your Honor."

  Kenneth said, "Defense is present and ready, Your Honor."

  The judge looked at our table and said, "I see there's another bird in your flock this morning, counselor." He smiled sourly. "Thank you for joining us today, Mr. Ross."

  Ross nodded and said, "Thank you, Your Honor."

  The judge turned to Weissech and said, "You may begin."

  Everyone else sat. Weissech walked over to the jury box. "Ladies and gentlemen, today we will be presenting the people's case in a simple matter of vagrancy. The two defendants, Mr. Williams and Mr. Jones, admitted to a police officer that they had been loitering in a lewd manner near the marina in Sausalito. This place is a well-known trysting spot for male homosexuals who come from San Francisco for reasons best known to themselves. These deviates, such as the defendants--"

  Kenneth stood up. "Objection, Your Honor. The use of such a term is prejudicial."

  The judge said, "Denied. Go on, Mr. Weissech."

  Kenneth sat back down. I heard Ben whisper, "Good. Use that word every chance you get."

  Weissech nodded. "These deviates come to our fair county and pollute our public spaces with their immoral and offensive behavior. There really is no question here. I am quite confident that, when presented with the defedants' own admissions, you will find them guilty of the misdemeanor of vagrancy."

  Weissech sat down and Kenneth stood up. He stayed at the table and looked over at the jury. "Ladies and gentlemen, as the District Attorney has stated, this is a very simple case. During testimony today, you will hear a lot about theory but you will hear very little about the law or any admissions on the part of the defendants. The prosecution will not be presenting any solid evidence in their case. They will, however, be providing you with the testimony of an expert witness whom we are sure you will find to be unreliable." He paused for a moment. "This case is very simple, ladies and gentlemen, because there is no case. No witnesses, no facts in dispute. I am very confident that, once the prosecution's case is laid out before you, you will feel no qualms whatsoever in returning a just verdict of acquittal since the defendants are, in fact, not guilty of this crime." Kenneth sat down.

  Weissech stood up. "Call Sergeant Stewart O'Connor."

  Once O'Connor was sworn and seated, Weissech began his questioning. It seemed to me that it was verbatim to what he'd asked in the preliminary hearing. Once he was done, he turned to Kenneth and said, "Your witness."

  Kenneth rose and asked, "Approach, Your Honor?"

  "You may."

  Kenneth walked up to the stand and said,

  "Sergeant O'Connor, how long have you been employed by the Sausalito Police Department?"

  "Nineteen years."

  "Is there anyone else who has been working in the department longer than you?"

  "No, sir."

  "Can you briefly describe your duties to the jury?"

  "I have several. I investigate certain kinds of crimes. I supervise police officers who assist in that investigation. I interview suspects and witnesses. Things like that."

  Kenneth nodded. "How are crimes brought to your attention?"

  "They're usually reported to a police officer by a member of the public either in person or by telephone."

  "When is it the case that you do not investigate a crime?"

  "Beg pardon?"

  "Are there any crimes you don't investigate?"

  "Well, there are a few people in town who report ghosts or little gr
een men. Things like that."

  There was some laughter in the gallery. The judge banged his gavel and said, "I will tolerate no disruptions in the courtroom. Unruly behavior will result in ejection from the gallery." He looked down at O'Connor.

  The sergeant continued, "I usually don't investigate those things."

  Kenneth turned to the jury and asked, "But when someone comes to the police station and asks to report a crime and you know them to be reputable, you do investigate their report, do you not?"

  "Generally, yes."

  Kenneth turned back to O'Connor and asked, "When you were interviewing Mr. Williams--"

  Weissech stood up. "Objection, Your Honor. Foundation."

  The judge nodded. "Sustained."

  Ben whispered to me. "Watch and learn."

  Kenneth turned to the jury and asked, "When you were interviewing Mr. Jones--"

  "Objection, Your Honor. Foundation."

  "Sustained."

  "How did you know to charge the defendants with vagrancy?"

  "They told me where they'd been. I knew it was vagrancy."

  "In the course of your duties as a sergeant, you said you interview witnesses and suspects, correct?"

  O'Connor nodded and said, "Yes."

  "So, in an interview, I assume you ask questions and make notes of the replies you receive. Is that right?"

  "Yes."

  "And, being a good investigator, you make decisions about what lines of inquiry to pursue based on the answers you get from your questions. Is that right?"

  "Yes."

  "It sounds like you know your job."

  Weissech stood. "Objection. There is no question."

  "Sustained. The court stenographer will strike counsel's last statement."

  Ben leaned over and whispered in an old lady voice. "Why doesn't the judge like the nice policeman?" and then chuckled. I looked at the jury and there were, in fact, two elderly ladies who were frowning.

  "On the date in question, you met the defendants, did you not?"

  "Yes."

  "And you arrested them, did you not?"

  "Yes."

  "Did anything happen in between the time you met them and the time you arrested them?"

  I held my breath. Weissech didn't say anything.

  O'Connor looked at the prosecution table with a question on his face. No one said a word.

  "Should I repeat my question?"

  "No. I mean, yes. Yes. I talked to them in between meeting them and arresting them."

  "Thank you, sergeant. What did you say when you talked to them?"

  Weissech stood. "Objection." He paused.

  The judge smirked at him. "What grounds?"

  Weissech stood for two beats and then said, "Withdrawn."

  Ben whispered, "Buckle your seat belt."

  Kenneth said, "What did you say when you talked to them?"

  "I asked them their names, addresses, phone numbers, place of work, and occupations."

  "What else did you ask them?"

  It seemed like the whole courtroom was waiting for Weissech to object. After what seemed like a minute or more, Kenneth asked, "Should I repeat the question?"

  O'Connor took in a breath and said, "I asked them why they came to Sausalito."

  "And what was the reply?"

  "Mr. Williams said they had come to eat breakfast at the Rexall on Bridgeway."

  "Did you ask either of them if they were loitering?"

  O'Connor looked down and said, "I, uh..." He paused for a long moment. Finally, he looked up and said, "Yes, I did."

  "And what was the reply?"

  "Mr. Williams said no."

  "Did you ask if they had planned to make an assignation?"

  O'Connor swallowed. "Yes, I did."

  "What was the reply?"

  "I don't recall."

  "Didn't Mr. Williams explain that they drove over the bridge together?"

  O'Connor nodded. "He might have."

  "Did you ask about any acts of public indecency?"

  "Yes."

  "What was the reply?"

  "No."

  "To the best of your recollection, did you ask any other questions during the time between meeting the defendants and arresting them?"

  I looked over at the jury. They all looked confused. I didn't blame them.

  "Not that I can recall at this time."

  "Then, on what basis did you arrest them?"

  I wanted to look over at Weissech, but Ben was in the way.

  O'Connor answered, "They had admitted to being in a location where male homosexuals are known to engage in lewd behavior."

  "But they never admitted to any such behavior, correct?"

  "Correct."

  "Thank you, Sergeant." Turning to the judge, he said, "Your Honor, I wish to reserve the right to further cross-examine this witness."

  Weissech stood up and said, "No objection."

  The judge said, "Very well."

  Kenneth walked back to the table and sat down. I leaned over and asked Ben, "What about the kids?"

  The judge said, "You may step down, Sergeant O'Connor."

  As O'Connor walked back to his seat, Ben whispered back. "The real show's about to start." I looked at him and gleeful was the best word I could use to describe the expression on his face. I wondered what was about to happen. Knowing Kenneth, it wouldn't be the photographs, although I'd handed them over earlier and before the trial started.

  Weissech stood up and said, "Call Dr. Gerald R. Wildman."

  The man himself, who at some point in the last few days had had a very interesting date with the Marin County Jail Supervisor, stood up from the gallery and walked forward. After he was sworn in and seated, Weissech began to go through the doctor's credentials.

  Kenneth stood up. "If it please the Court, the defense is happy to stipulate to Dr. Wildman's educational qualification as an expert."

  Weissech turned and looked at Kenneth for a moment.

  The judge said, "Mr. Weissech?"

  The D.A. turned to the judge. "May we approach, Your Honor?"

  From where we sat I could hear Weissech asking about Kenneth's use of the word, "educational."

  Ben leaned in and said, "God, I love this trial."

  Carter leaned into me, "What are you two lovebirds talking about?"

  I turned and said, "I'm getting the color commentary."

  He smiled at me, nodded, and sat back in his chair. As I looked at him, he winked at me. All of a sudden, I had a warm feeling rise up and all I could see was his face in our bed at home. It had been way too long for either of us.

  After a moment of heated whispering, the judge said, "Step back." Weissech and Kenneth did so. "The District Attorney has rejected the defense counsel's stipulation. Let the record reflect that. Proceed, Mr. Weissech."

  Kenneth came back to the table with a grin on his face and sat down next to Ben.

  Weissech went through the list of credentials with Wildman just like in the hearing. Once he was done, he said, "I enter this witness as an expert, Your Honor."

  The judge looked at Kenneth, who stood. "No objection, Your Honor, subject to cross-examination."

  "So entered. You may proceed, Mr. Weissech."

  "Thank you, Your Honor. Now, Dr. Wildman, based on your expert opinion, was Sergeant O'Connor's arrest of the defendants correct?"

  Wildman said, "Yes. He correctly identified the defendants as male homosexuals and, ergo, deduced their dispensation to dishonesty."

  Kenneth stood and said, "Objection, Your Honor. An arrest is a legal action on the part of the police and Dr. Wildman is only qualified as a psychiatric expert not a legal one. He can't offer an opinion on the correctness of an arrest since that is a legal question."

  Ben turned and grinned at me. "Bingo," he whispered.

  Weissech stood there for a moment and then said, "Your Honor, Dr. Wildman is--"

  "Objection sustained." The judge looked at Kenneth and nodded with a tiny grin. />
  Weissech walked over to the table and picked up his notepad. "Dr. Wildman, the defendants arrived at the police station--"

  Kenneth was up in a flash. "Objection, Your Honor. Assumes facts not in evidence."

  The judge looked at Weissech, who was cool as a cucumber but obviously thinking. He said, "Your Honor, the defendants did arrive at the police station."

  Kenneth said, "That is not reflected in the testimony of Sergeant O'Connor. Maybe we could have the stenographer read back the sergeant's words?"

  Weissech, completely unfazed, asked, "Then how did they get there?"

  Kenneth shrugged. "I don't know, I'm just a city slicker lawyer from San Francisco." The courtroom burst into laughter at this.

  The judge, who was openly grinning at Kenneth, banged his gavel. "Order!" The room became instantly quiet. "Mr. Weissech? Anything else?"

  Weissech shrugged and said, "I withdraw the question."

  Garety was motioning to him. Weissech leaned down and listened to his deputy, nodded, and stood up.

  "At this time, Your Honor, we wish to withdraw this witness and recall Sergeant O'Connor."

  Kenneth said, "Your Honor, I wish to cross-examine this witness."

  The judge raised an eyebrow.

  Weissech looked surprised. "But he hasn't testified."

  Kenneth replied, "Yes, he has. He's testified as to his qualifications."

  Weissech blinked a couple of times and said, "Your Honor, may we have the right to recall this witness in the future?"

  The judge said, "Certainly, counselor."

  Weissech sat down and said, "Your witness."

  Kenneth asked, "May I approach, Your Honor?"

  The judge smiled and said, "With pleasure, counselor." He knew something good was coming and was obviously looking forward to whatever it was.

  "Dr. Wildman, you stated that you are consulting with police departments and are in private practice, as well. Is that correct?"

  He offered Kenneth a condescending smile and replied, "It is."

  "Are you continuing with the research that you have published to date?"

  "Of course. The need for further study in this field is constant."

  "What is the nature of this research?"

  "I am doing a continuing study of healthy adult men of all classes, professions, and ages."