by Don Bullis
―What he did, he picked up the gun off the coffee table and he patted it against his cheek, and he said, 'this is a good son-of-a-bitch. It wiped out two people without no trouble at all.‘‖
During the lunch recess, a new thermostat activated the courthouse furnace and the electric heaters were again removed. When court resumed, room temperature was a pleasant seventy degrees. Pratt conducted his cross-examination of Peters in much the same way he'd examined Sipe, and with much the same result. Peters admitted to his criminal past, his time in Leavenworth, and his deal with Wilcoxson.
―Do you use drugs or drink alcohol, Mr. Peters?‖ Pratt asked. ―A little booze sometimes. Not to excess.‖
―When's the last time you were drunk?‖
Peters appeared pensive. ―Last night, I think it was.‖
Laughter erupted around the courtroom. Judge Ziram swept a
stern stare around the room and banged his gavel just one time. Order was restored.
Pratt sat on the corner of the defense table and picked up his lined yellow pad. ―Mr. Peters, you testified a few minutes ago that Billy Ray praised the gun in question and said he killed two people with it. When did he say that?‖
―That Sunday. The day afterwards.‖
Pratt flipped through the pages of the yellow pad. ―But you earlier testified that you picked up the car you borrowed for Billy Ray early on that Sunday morning and returned it to Drymaple's car lot. In fact, you said you never saw Billy Ray again, after you dropped off the car Saturday. How could you hear him say anything on Sunday?‖
―I didn't hear him say it.‖
―Then how do you know....‖
―He said it to Joe Cato. Cato told me.‖
―That makes it hearsay. Are you aware of that?‖
―I don't know nothing about that.‖
―You, in fact, personally, never heard Mr. White say anything
about killing anyone, did you?‖
―No. Cato said....‖
―Just answer the question asked, Mr. Peters. Is this the same Joe
Cato who allegedly provided the gun.‖
―Yes.‖
―Is this the same Joe Cato who had burglary charges in Sandoval
County dismissed in exchange for making a statement implicating my client in this crime?‖
Wilcoxson got to his feet. ―Your honor, I object. This witness has no direct knowledge of Mr. Cato's participation in this case.‖ ―I'm finished, your honor,‖ Pratt said. ―No more questions.‖ ―Redirect?‖
―No, your honor,‖ the ADA said. ―The state rests.‖
―Are you ready to proceed, Mr. Pratt?‖
―Your honor, at this time I'd like to move for dismissal of the charges against my client.‖
―On what grounds?‖
―The state, your honor, has presented this jury with nothing but mistaken identity and a couple of crooks to support it. The state has failed to make a credible case against my client.‖
―Put on your case, Mr. Pratt. We'll let the jury decide who has presented what. We'll take our afternoon respite and then I'll expect your first witness. Adjourn for fifteen minutes.‖
Wilcoxson stood with Freddy Finch, smoking and talking, in the hallway outside the courtroom when the ADA spotted Pete Garza standing near the water fountain, also smoking a cigarette. The junkie, while well dressed, looked gaunt, his face drawn and gray. He turned away when he saw Wilcoxson looking at him.
―What‘s that son-of-a-bitch doin‘ here?‖ Wilcoxson asked.
―He‘s on the defense witness list,‖ Finch said. ―I wondered about it, but hell, no one‘s gonna believe anything a smack junkie like him‘s got to say about anything.‖
―You get that bastard out of here, Freddy. I don‘t want him to testify about anything.‖
―How?‖
―Shit, you used to be a narc. Remind him about his record and let him know that if he don‘t haul ass, I‘ll see to it he‘s in jail until the judgment day. You tell him to stay gone until this trial is history.‖
―Consider it a done deal, Don.‖
The temperature in the courtroom seemed to have stabilized and remained at seventy when court resumed after the Wednesday afternoon recess.
―Proceed with your case, Mr. Pratt," Judge Ziram said.
―Call Lyle Bromer, your honor.‖
―I object to this witness, your honor,‖ Wilcoxson said. ―On what grounds, might I ask?‖ The judge seemed slightly annoyed.
―The state was not afforded ample opportunity to interview the witness, per your instructions at the motions hearing.‖
―Argument, Mr. Pratt?‖
Pratt picked up his yellow pad. ―Your honor, Mr. John Cook of my office notified Mr. Wilcoxson's office last Thursday afternoon that two defense witnesses would arrive in Albuquerque from St. Louis at approximately 10:00 p.m. Friday, February 28 on TWA flight 636 from St. Louis. Mr. Wilcoxson was also advised that they‘d be staying at the Winrock Motor Hotel and that I planned to interview them on Saturday morning at ten o‘clock. Any arrangement he cared to make with the witnesses was up to him.‖
―What seems to be the problem, Mr. Wilcoxson? I'd certainly deem that adequate notice under the circumstances.‖
―Lt. Finch and I went to the motel four different times on Saturday afternoon, your honor, and the witnesses were not present in their rooms. When Agent Finch finally found them, in the bar at the motel, they were both, ah, intoxicated, and very uncooperative.‖
―Mr. Pratt complied with my order in notifying you of the witnesses arrival in town. Any interaction between them and you is your responsibility. Not Mr. Pratt's. The objection is overruled. Proceed.‖
―Mr. Bromer,‖ Pratt began, ―How are you employed?‖
―You mean, do I got a job?‖ While not articulate, Bromer made a good appearance with an earnest look about his saucer-shaped face and his combed-back hair. He sat up straight with his elbows resting on the arms of the chair and his fingers laced together across his chest.
―Yes.‖
―I work for the Hiram Flagg Chevron Service Station,‖ Bromer said proudly. ―It‘s located on Cass Avenue just off of Interstate 70 in St. Louis, Missouri. I'm in charge of the gasoline sales.‖
―Good, Mr. Bromer, good. Now. Are you acquainted with one Billy Ray White, who you might know as Eric Dedrick, or Kendrick?‖
―Eric Kendrick‘s sittin‘ right over there. How you doin‘ Eric buddy?‖ He leaned forward in his seat and waved at Billy Ray. Billy Ray saluted in return. ―Good buddy of mine.‖
―You know him from St. Louis?‖
―Yeah. From St. Louis. He used to come around Flagg's. And from East St. Louis, too. Knew him from there too.‖
―Now, were you working at Flagg's gas station a couple of weeks before Thanksgiving Day in 1967?‖
―1967?‖
―Yes. The year before last. 1967.‖
Pratt had difficulty in looking at Bromer as he spoke to him. The witness's eyes blinked rapidly and constantly except when they would close for a second or two, almost as if he was napping. Then they‘d pop open wide and stare for seconds at a time.
―Sure. I worked there almost two years now. Since I got out of the army. I'm a decorated veteran, you know.‖
―Yes, I knew that. Did you know Billy Ray—Eric Kendrick—at that time, two weeks before Thanksgiving, 1967?‖
―Yeah. Sure I knew him then. Hung around with him. Remember it well for a fact. Yeah.‖
―How is it you remember the date so well?‖
―My sister got married on that Saturday. The week before Thanksgiving. Eric called me up Tuesday while I was workin‘ at Flagg's place and said he'd just hitched into town, into Florrisant, and wanted for me to come get him. So I did. I took some time off work and we hung out. Got drunk. You know?‖
―Florrisant?‖
―Yeah. Town up on U. S. 67. North of St. Louis.‖
―Now, Mr. Bromer, would you have occasion to re
call where you, and Mr. Kendrick, were on the evening of Saturday, November 18, 1967?‖
Bromer's eyes closed for three seconds and then opened wide, unblinking. ―Yeah. I remember it well. After my sister got married, we went to Dago Rosie‘s place in East St. Louis, Illinois.‖ His eyes resumed blinking.
―You're absolutely sure of that date? November 18?‖
―Yeah. I'm sure. My sister got married. She‘s divorced now, but that‘s when she got married. Then Eric left Monday or Tuesday the next week. Said he had a place to go for Thanksgiving, but I knew he didn't. Eric never had no place to go.‖
―Thank you Mr. Bromer. Cross, Mr. Wilcoxson?‖
―Mr. Bromer, what kind of place is Dago Rosie‘s?‖
―Well, you know. There‘s girls there. You can get a drink of whiskey. Companionship. Like that.‖
―A house of prostitution? Is that what it is?‖
―Ah. Yeah. I guess.‖
―And you're absolutely sure the night you spent with Mr. White at this house of ill repute was not a week earlier, or a week later, or even the week before Christmas, and not Thanksgiving?‖
―I guess I know the difference between Thanksgiving and Christmas.‖ Bromer closed his eyes for five seconds. ―The year my sister got married, Thanksgiving was on November 23rd. I went to Viet Nam just after Christmas in 1965.‖
―Well then, sir, tell the court when Christmas was in 1967?‖
―December 25th,‖ Bromer said with a straight face. ―Ain't that when it always is?‖
Laughter again. Even Judge Ziram smiled to himself. Wilcoxson failed to see the humor. He leaned forward on the prosecution table, resting his upper body weight on his knuckles.
"Very good, Mr. Bromer. How is that you and Mr. White—Eric Kendrick—happened to go to this, ah, establishment on that particular night?"
"Eric and I used to go there all the time. I still go there pretty often. Eric quit goin' after he got drunk one night and threw old Melvin the pimp down the stairs. Started his own string...."
―Objection, your honor,‖ Pratt said. ―The answer goes well beyond the question asked.‖
―Yes it does. Strike any reference to an altercation involving Mr. White.‖
―Mr. Bromer,‖ Wilcoxson continued, ―you made reference to your status as a military veteran.‖
―I got decorated for my time in the army. In Viet Nam.‖
―I see. What decorations did you receive?‖
―Purple Heart and Good Conduct medal.‖
―Purple Heart. What‘s the nature of your wound, Mr. Bromer?‖ ―A head wound. From a tank.‖
―I see. And what was the nature of your discharge from duty?‖ ―It's medical. I get a disability. Ninety percent.‖
―You look healthy to me. Why ninety percent?‖
―I get real bad head aches, sometimes, and I can't work for three or
four days.‖
―Isn't it a fact that your head wound severely damaged your abili
ty to remember details to the point that you can't do anything but
menial tasks that require virtually no recall at all?‖
―Objection, your honor. This is improper cross-examination. There
has been nothing introduced regarding Mr. Bromer's mental capacity
or ability to remember.‖
―Sustained. Mr. Wilcoxson, you know better, and while Mr. Pratt
didn't mention it, I will. You were leading the witness into a trap.
Don't do it again.‖
―Yes sir.‖
Freddy Finch came into the courtroom and whispered something
into Don Wilcoxson's ear. ―Your honor,‖ the ADA said, ―could I have
a minute to consult with Lieutenant Finch?‖
―Be very brief.‖
―Mr. Bromer,‖ Wilcoxson asked a minute later, ―did you say to
someone out there in the hallway during the afternoon recess that you
and another defense witness came to New Mexico to ‗...spring Eric
from the local-yokels?‘‖
―I probably said that, but I....‖
―That's all. No further questions of this witness.‖
―Anything else Mr. Pratt?‖ Judge Ziram asked.
―Two quick questions, your honor.‖
―Very quick. We're approaching the hour of adjournment.‖ ―Yes sir. Mr. Bromer. What did you mean when you said you
came here to 'spring' Eric?‖
―Just get him off, that's all. He wasn't here. How could he a done
it? Killed them people, I mean.‖
―Thank you. One other thing. If I were to ask you to prove you
spent time with Eric Kendrick from November 14th to November
21st, 1967, and not some other time or year, how would you go about
it?‖
Bromer reached into his coat pocket. ―These here show it. They's
my pay records from Flagg's Chevron in St. Louis, Missouri.‖ ―What do they show?‖
―Objection.‖ Wilcoxson didn't bother to stand. ―I don't know what
those papers are, or what they show.‖
―The witness just said they were his pay records, your honor.‖ ―Yes, Mr. Pratt,‖ Judge Ziram said. ―He did. He's certainly allowed to read from his own records. No different than a police officer
using his notes, and the witness is under oath. Proceed.‖
―What do they show, Mr. Bromer?‖
―Mr. Hiram Flagg pays his help on the first and fifteenth of the
month. This here sheet is for November. I didn't do no work from the
fourteenth ... well, I worked part of the day on the fourteenth, and
then I didn't earn nothing again 'til on Monday, November 20, 1967.‖ ―Thank you Mr. Bromer. That's all.‖
―Mr. Pratt, how are we doing on time with your witnesses? You
still expect to wrap-up by tomorrow afternoon?‖
―Yes sir. I have five witnesses, but four of them will take very little
time.‖
―And by way of rebuttal witnesses, Mr. Wilcoxson?‖
―Well, I'm going to need time for them, depending on what....‖ ―Make sure they're germane and brief. I plan on being finished up
here by close of business Friday. I have another trial beginning in Gallup Monday morning. Court is adjourned until eight thirty a.m.‖
Finch and Wilcoxson walked out of the courtroom together. ―Thanks for the tip on Bromer's remark, Fred. It helped out. Believe me.‖
―Another thing you should know, Don. I got it on good authority
Pratt‘ll put White on the stand for his last witness.‖
―I hoped he would.‖
―Word I got,‖ Freddy said, ―is that he'll put the fat whore on the
stand and her and this bozo you just finished with, along with Billy Ray himself, are supposed to prove he was in St. Louis.‖
―He'll have to put Billy Ray on. Bromer didn't help his cause much, and this whore, Bohannon, won't either, that I can see. No credibility. Then he‘s got some bus driver and Scarberry, and Charlie might just backfire on him. He said he had five more witnesses, so he must still be countin‘ on Pete Garza. We'll eat Billy Ray White's lunch on the stand.‖
CHAPTER IV
The District Courtroom would seat 50 spectators comfortably and there was standing room for ten or twelve more, and while filled to capacity each day of the White trial, some of the faces changed. Some of them did not. Flossie, allowed into the courtroom after she finished testifying, sat with Max directly behind Wilcoxson. Clive and Francis Cardiff sat beside Flossie day after day. Members of the press didn't change but police officers of all kinds came and went. Budville saloonkeeper Joe Garcia sat quietly near the hall door every day.
Lady Lydia Bohannon‘s testimony didn‘t take long but she left an indelible impression on everyone in the courtroom on the morning of the fourth day of the trial. She was large enough in stature to carry e
xtra weight and her breasts, very large in normal repose, were held up and forced outward by an elaborate wire-supported brassiere. Her blouse opened in such a way that her cleavage exposed everything except the areolas. Her skirt was short and every man in the room believed he could see her black panties every time she crossed or uncrossed her legs as she sat on the witness stand.
―Miss Bohannon,‖ Pratt said, ―it is Miss, is it not?‖
―Yes. Miss.‖ Her alto voice, slightly coarse, exuded a sexuality that served her profession well.
―Are you acquainted with Mr. Billy Ray White, perhaps known to you as Eric Kendrick?‖
―Yes. I know Eric very well.‖ She spoke clearly.
―And is he present in this courtroom today?‖
―He's sitting there.‖ Her breasts swayed slightly as she turned and pointed.
―Good. Now, Miss Bohannon, where were you on the evening of November 18th, 1967?‖
―I was in East St. Louis, Illinois.‖
―Were you alone?‖
―No. I was in the company of Eric Kendrick and Lyle Bromer.‖ ―How can you be so sure of the date?‖
―I keep a diary.‖ She removed a small book with a pink leatherette
cover and a heart-shaped clasp from her purse. ―Along with another female friend of mine, the four of us were together from about eight in the evening until around midnight. We had dinner first and then we played parlor games. Charades and Twister. Eric left town the next week and went back down to New Orleans.‖
―Thank you Miss Bohannon. That's all I have.‖
―Proceed Mr. Wilcoxson.‖
―Miss Bohannon.‖ Wilcoxson didn't like asking questions in open court when he didn't have a pretty good idea what the answers would be. Freddy Finch had managed to develop a little background information on Lady Lydia early in the week, but the ADA didn‘t know how she would respond to his questions. He decided to take a risk. ―Did Eric ever tell you he'd even been to New Mexico?‖
She hesitated. ―Well, yes. He did. He called it the Wild West. He said he'd been to the Wild West.‖
―So you know he'd been here?‖
―I know he told me he'd been here?‖
―Very well. Now, Miss Bohannon, how are you employed?‖
