by Stuart Woods
“Of course, Mr. Eagle, and welcome back. Mr. Martinez, let’s continue with the next case while Mr. Eagle and Mr. Willett consult.”
Eagle took Wolf by the arm and led him out of the courtroom and into a small anteroom. “I am terribly sorry about this, Wolf,” he said. “It was midnight when I got Ms. Deering’s message and returned her call, and there was no way to get word to you.”
“I’m just glad you’re here, Ed,” Wolf replied.
“Martinez did call, but he didn’t say what it was about—just said to call him. I think he’s playing games with us; he waited until he knew I was away before arresting you. Did the police pump you last night?”
“Yes.” Wolf gave Eagle a complete account of his interview with the two detectives.
Eagle laughed aloud. “That’s very good,” he said. “I’ll have to remember that one.”
“It didn’t seem very good at the time. I’ll admit, their offer sounded pretty good for a minute or two.”
“You’re not going to need any deals,” Eagle said. “You’re in the very best of hands, believe me.”
“I believe you.”
“So they’re claiming witnesses, now?”
“That’s what they said. My cellmate last night thinks he knows one of them. The guy’s in for burglary and he’s been telling people he’s going to get off by testifying against somebody he saw while attempting to burglarize a house.”
“This sort of thing happens all the time when the police haven’t got enough. Word gets around the jail about a crime, and somebody decides that being a witness will do him some good. I’m more worried about this business of your being seen with Grafton in L.A. Are you absolutely certain you didn’t know him? This is important, Wolf.”
“Ed, I have lunch in L.A. restaurants every day of my life, when I’m there, but I swear I didn’t know Grafton.”
“All right, I’ll handle that. The main thing in this arraignment is to get bail. If we can get it, my guess is it’s going to run high. How are you fixed for cash?”
“Pretty good. I’ve just been paid by the studio I release films through; I’ve got some investments, too. Also, I’ve got the Santa Fe house to put up. There’s no mortgage.”
“The house is good.”
A guard opened the door. “The judge is ready for you, Mr. Eagle.”
“We’re on, Wolf,” Eagle said. “Just relax and leave it to me.”
“I’ll leave it to you,” Wolf said, “but I’m not going to relax until I’m out of here.”
CHAPTER
29
Mr. Martinez,” the judge said, “do you wish to address the court?”
The district attorney rose. “Your Honor, this is a preliminary hearing in the matter of the State of New Mexico versus Willett, comprised of three counts of first degree murder.”
“Do you wish to call any witnesses?”
“Your honor, the state calls Captain Joe Carreras.”
Carreras, whom Wolf had not noticed, rose from a spectator seat, took the witness stand, and was sworn in.
Martinez addressed Carreras. “State your name, rank, and occupation.”
“Captain Joe Carreras of the Santa Fe Police Department. I command the Investigations Division.”
“Captain Carreras, would you outline your career history for us briefly, please?”
“I have served in the Santa Fe Police Department for twelve years as a detective, following four years service with the Albu-querque Police Department as a patrolman and supervisor.”
“During your time with the Santa Fe Police Department have you handled many homicide cases?”
“Most of them, I believe.”
Eagle leaned over to Wolf and whispered, “Murder is pretty rare in Santa Fe. This case is the first this year.”
“So you are a highly experienced homicide detective?” Martinez continued.
“Yes, sir, I believe so.”
“Did you arrest the defendant, Willett, last evening?”
“Yes.”
“Did you have an arrest warrant?”
“Yes.”
Wolf leaned over and whispered to Eagle. “He never served me with a warrant.”
Eagle nodded.
“On what evidence did you base your request for a warrant?” Martinez asked.
“The three victims were murdered in Mr. Willett’s house at a time when he was present; they were murdered with a shotgun belonging to Mr. Willett; one of the victims was Mr. Willett’s wife, and she was in bed, naked, at the time, with his business partner and another friend of his; I am not satisfied with Mr. Willett’s account of his actions; Mr. Willett has lied to me with regard to his presence in the house at the time of the murders and with regard to his knowledge of the third victim, James Grafton. I have a witness who can place Mr. Willett in the room where the murders occurred on the night of the murder; I have a witness who can confirm Mr. Willett’s intimate knowledge of Mr. Grafton. Mr. Willett has withheld knowledge from the state that he was the principal beneficiary of his partner’s will. As a result of my investigation, and based on my experience as a homicide detective, I believe that Mr. Willett’s motive was jealousy over his wife’s extramarital affairs and greed for his partner’s estate, and I believe that he had opportunity to commit these crimes, since the murders occurred in his home at a time when he was present.”
“No further questions, Your Honor,” Martinez said, then sat down.
Ed Eagle was on his feet. He walked to within a couple of paces of Carreras and faced him. “Captain Carreras,” he said.
“Yes, sir?”
“You say you have a witness who can place Mr. Willett in the room where the murders occurred on the night of the murder?”
“Yes, I do.” Carreras permitted himself a small smile.
“Tell me, is your witness presently an inmate of the Santa Fe County Jail?”
The smile disappeared.
Martinez stood. “Objection; irrelevant.”
“This is most relevant, Your Honor, and I will demonstrate why.”
“I’ll permit it,” the judge said. “Answer the question, Captain Carreras.”
“Yes.”
“Is your witness awaiting trial on a criminal charge?” Eagle continued.
“Yes.”
“Has your witness been offered a reduction of sentence or any other inducement to testify?”
Carreras looked uncomfortable. “Yes.”
“Captain Carreras, on what occasion did Mr. Willett tell you—or anyone else, for that matter—that he was not present in the house at the time of the murders?”
Carreras seemed to search for an answer.
“In fact, Mr. Willett told you that he had no memory of that evening, didn’t he?”
“Yes.”
“So if he told you he had no memory of that evening, that is not a claim of his whereabouts, is it?”
“I suppose not.”
“So your case so far is based on the testimony of an accused felon who is bargaining for his freedom, and on Mr. Willett’s statements, which you have just—shall we be kind and say, misinterpreted for the court.”
“There’s also the matter of his denial of knowledge of one of the victims and the matter of Jack Tinney’s will,” Carreras said.
“I’ll address those points, Captain Carreras. Tell me, how did you learn of Mr. Willett’s alleged knowledge of Mr. Grafton?”
Carreras seemed eager to explain. “I visited Los Angeles in the course of my investigation, and I received statements from a head waitress and a waiter at a restaurant that Willett had had lunch in the restaurant in the company of Mr. Grafton.”
“And, since Grafton was dead at the time, how did these witnesses identify him?”
“By a photograph.”
“Can the state produce this photograph?” Eagle asked.
Martinez stood and shuffled through his files. “Here is the photograph, Your Honor.”
Eagle took the photograph, looked at i
t, and placed it on the defense table.
Wolf picked it up and looked at it. A slim, graying man holding a placard with a number on it stared back at him. Wolf stopped breathing.
Eagle continued with Carreras. “A prison photograph, was it?”
“Yes.”
“A good likeness?”
“Good enough for the witnesses.”
Wolf stood up. “Excuse me, Your Honor, but I request permission to speak to my attorney for a moment.”
Eagle looked surprised. “May I have a moment, Your Honor?”
“Yes, but be brief, Mr. Eagle. I have a full morning.”
Eagle walked to the defense table. “What is it, Wolf?”
Wolf tapped the photograph on the table. “I know him,” he said.
Eagle froze for a moment. “I’m going to put you on the stand in a moment. Tell the truth.” He turned back to Carreras. “Thank you, Judge. I have but two more questions for this officer.”
“Proceed, Mr. Eagle.”
“Captain Carreras, did you at any time show this photograph or any other photograph of Grafton to Mr. Willett?”
Carreras looked suspicious. “No,” he said.
“One final question, Captain Carreras. You say you had an arrest warrant for Mr. Willett?”
“That’s right.”
“Then why didn’t you serve it on Mr. Willett when you arrested him?”
Carreras winced. “I, uh—”
“No further questions, Your Honor. The defense calls Wolf Willett to testify.”
The district attorney, who was halfway to his feet, sat down heavily.
The judge peered at Eagle. “You realize, of course, that Mr. Willett’s testimony in this hearing can be used against him in a trial?”
“Of course, Your Honor. The defense has nothing to hide.”
Wolf took the stand and was sworn in.
“Mr. Willett, let’s first address the issue of Mr. Tinney’s will. Were you Mr. Tinney’s personal attorney?”
“I was, for many years.”
“And did you ever draw a will at his request?”
“I did, about two years ago.”
“And who, in that will, would have received the bulk of Mr. Tinney’s estate?”
“His four ex-wives. Apart from some small bequests, the bulk of the estate was to go to them.”
“At the time of Mr. Tinney’s death, did you believe that will to still be in force?”
“I did.”
“When did you learn that Mr. Tinney had drawn a new will?”
“A couple of weeks after his death, when our business manager sent me a copy.”
“And was that will drawn by an attorney different from yourself?”
“Yes, it was.”
“And you had no knowledge whatever of this will until two weeks after Mr. Tinney’s death?”
“That is correct.”
“Mr. Willett, in his will did Jack Tinney give any reason for leaving you the bulk of his estate?”
“Yes.”
“What was his reason?”
“He stated in the will that he was making the bequest in gratitude for my friendship and my wise management of his business affairs.”
“Now, Mr. Willett, I will show you a photograph and ask you if you are, or were, acquainted with this man.” He handed Wolf the photograph of Grafton.
“Yes, I knew him as Dan O’Hara.”
“How did you meet?”
“My wife asked me to meet with him. She said he was a friend of a friend of hers from New York.”
“Why did she want you to meet him?”
“Mr. O’Hara, as I then knew him, had written a screenplay and was anxious to have it produced. I read the screenplay.”
“Did you then meet with this O’Hara?”
“I did. I took him to lunch at a restaurant called Mortons, in Los Angeles.”
“What was the substance of your discussion?”
“He asked my opinion of the screenplay; I told him I thought it was very good. However, I had no wish to produce it myself—it was about a prison break, and it was not the sort of thing that Mr. Tinney and I undertook. I offered to call someone I knew at Warner Brothers who might be interested, and I later did so. I believe Mr. O’Hara entered into a contract with that studio to produce the film.”
“Did you ever see this O’Hara again?”
“No. He did telephone to tell me the outcome of his talks with Warner Brothers and to thank me for sending him there. I recommended a lawyer to negotiate the contract for him.”
“And that was your only contact with him ever again?”
“It was.”
“One final question: Why did you tell the district attorney and the police that you did not know James Grafton?”
“I had never heard that name before. When I saw his body at the county morgue, it had no face. I had no idea that Grafton and O’Hara were the same man until I saw that photograph here this morning.”
“I have nothing further, Your Honor. The prosecution may question my client.”
Martinez hesitated, then said, “I have no questions for Mr. Willett at this time, Your Honor,” he said.
The judge spoke up. “The witness is excused. Mr. Eagle, do you have a motion?”
“Yes, Judge. I move that the charges against Mr. Willett be dismissed, for lack of evidence.”
“Mr. Martinez?”
Martinez rose. “The prosecution opposes the motion and asks that Mr. Willett be bound over to a grand jury.”
The judge thought for a moment. “Motion denied,” he said. “Do you have a request for bail, Mr. Eagle?”
“I do, Your Honor. I request that Mr. Willett be released on bail in the amount of one thousand dollars.”
Martinez was on his feet again. “Your Honor, may I point out that this is a heinous crime? That three people have been brutally murdered? The prosecution vehemently opposes bail.”
“Mr. Eagle?” the judge asked expectantly.
“Your Honor, I would like to point out that the case for the prosecution is flimsy at best. Mr. Willett is a reputable citizen with high standing in the community and in his profession. He has been devastated by this horrible crime, losing both his wife and his business partner of many years. He has cooperated fully with the investigation and has voluntarily remained in the jurisdiction in order to be of further help. He has no intention of fleeing—on the contrary, he is most anxious for the murderer or murderers of his wife and friend to be quickly brought to justice and will do anything in his power to further aid the investigation.”
Martinez stood again. “Your Honor, I would like to point out that Mr. Willett has already fled the jurisdiction once and might well do so again.”
Eagle spoke up. “Judge, when Mr. Willett left the jurisdiction, it was without knowledge that the murders had even occurred. When he learned of the murders, he went to Los Angeles briefly to conduct vital business to protect the health of his business and the livelihoods of the dozen people he employs. At the earliest possible moment, he returned to Santa Fe and offered his help to the district attorney. If he was going to flee, he could easily have done so immediately following the murders, since the district attorney, in his wisdom, had not bothered to check the fingerprints of the victims and did not even know that Mr. Willett was still alive. He could have remained dead, if he had wished, to avoid prosecution. I submit that, since that time, his every action has been that of an innocent man. And, Your Honor, the defense will overlook the improper arrest of Mr. Willett in the interest of speedy justice. I reaffirm my request for bail.”
The judge thought for a moment. “The defendant will be released on bail of one hundred thousand dollars,” he said. “Next case?”
Eagle took Wolf by the arm. “Let’s get out of here,” he said.
CHAPTER
30
Wolf and Ed Eagle left the Santa Fe County Jail, where Wolf had collected his belongings taken from him the night before. They got back int
o Eagle’s large BMW, and Eagle produced an electric razor from the glove compartment. “I expect you’d like some breakfast,” Eagle said, pulling out into traffic.
“How’d you know?” Wolf asked, checking his shave in the sun visor mirror.
“Most folks have to spend longer than a night in our local slammer before they’re willing to eat the food.”
“You’re right about that,” Wolf said with feeling. “Do you know what they gave us this morning?”
“Polenta, beans, fat bacon, and green Jell-O.”
“How’d you know that?”
“They’ve been serving the same breakfast for as long as anybody can remember. They change the color of the Jell-O at lunch and dinner, though.” Eagle turned in to Guadalupe Street, drove a few blocks, and found a parking spot. He led Wolf across the street and into the Zia Café, then ordered him a big breakfast.
Wolf tore into the food. “God, this is good,” he said.
“Your first meal out always is. I’m sorry you had to go through that, but even if I had been here I couldn’t have prevented it. They wanted a shot at you, and they got it, for what it was worth to them. We’re lucky that this guy Carreras put himself on the case. He’s sloppy about his work, and that makes my job easier.”
“Can you believe he forgot to serve the warrant?”
“Yes. It’s one of my favorite stalling tactics, to make them rearrest my client, but in this case I didn’t want to lean on a technicality. If we go to trial we’re likely to have the same judge, and I didn’t want to annoy him.”
“I was amazed he didn’t dismiss the charges when you finished in there,” Wolf said, stuffing a sausage into his mouth.
“He didn’t want the D.A. to look too bad, but I can tell you, if that had been their whole case at a trial, you’d have walked without its ever having gone to a jury.”
“Will he go for the indictment now?”
“Maybe, but he’ll probably wait until he feels he’s got a stronger case. I expect Carreras instigated the arrest just so he could get you in his jailhouse.”
