As Time Goes By

by Mary Higgins Clark

  “Yes, I’m familiar with that story.”

  “Wasn’t his first name Steven?”

  “Yes, it was.”

  “Well, when Dr. Clifton was on that other phone last week, as he was getting off I heard him say, ‘Good-bye, Steven.’ ”

  60

  Straight from his dinner with Heidi Groner, Jon drove to Delaney’s apartment. It was ten o’clock. He listened as she told him that she thought Josie Mason had been set up to be Alan’s alibi for the night his father died.

  “It makes sense, doesn’t it, Jon? That way, he’s pretty much in the clear.”

  “It does make sense,” Jon agreed, “but of course it means that someone else other than Alan committed the murder. Now let me tell you what I found out today.”

  Delaney listened. “You mean that Dr. Clifton is selling illegal drugs?” she asked.

  “Most likely he’s selling prescriptions for legal drugs. There are pharmacists who know a doctor is writing too many scripts, but they don’t report it or ask any questions. The people who are getting these prescriptions filled, the addicts, are paying cash. It’s a big moneymaker for the doctor and the pharmacist.”

  “But none of that would give Scott any reason to kill his former partner.”

  “No, it wouldn’t,” Jonathan admitted. “Unless tomorrow Tony Sharkey can come up with something more than saying he saw a black Mercedes, I don’t think his testimony helps Betsy Grant.”

  “And the prosecutor and Maynard will be doing their closing arguments on Friday and the case will be going to the jury,” Delaney said as her eyes filled with tears.

  Jonathan put his arm around her. “Hey, Delaney, I’m surprised at you. You’ve reported on so many trials. I can’t believe you let yourself get so emotionally involved in this one.”

  It was time to tell him. “Jon, how would you feel if you just found out Betsy Grant is your mother?”

  61

  On Thursday morning, the trial resumed. The courtroom was packed with press and spectators as the judge came out and ordered the jurors to be brought into the room.

  After they were seated, the judge turned to the jurors and said, “Ladies and gentlemen, I told you on Monday that the attorneys would be presenting their summations to you this morning. On Tuesday, it was brought to my attention that, due to additional developments, the defense counsel wished to reopen his case. I am going to allow him to do that.

  “It is my understanding that a person who has not previously testified will now be called. His name is Tony Sharkey. He lives in Moonachie. If anyone knows this person, please raise your hand.” The judge paused. “Okay, good, no one knows him. Mr. Maynard will also recall Carmen Sanchez, who has previously testified, and Betsy Grant, who has previously testified.

  “Ladies and gentlemen, Mr. Maynard will question these witnesses and then Prosecutor Holmes will cross-examine them. When these witnesses are finished, Mr. Maynard will rest his case again and we will recess until tomorrow morning, when the attorneys will argue their summations to you. After that, I will instruct you on the law and then you will begin your deliberations.

  “Mr. Maynard, you may call your first witness.”

  “Thank you, Your Honor. The defense calls Tony Sharkey.”

  Tony Sharkey looked around the courtroom as he entered through the holding cell door. He was wearing a suit and tie that Maynard’s associate had hastily purchased for him. He was escorted by sheriff’s officers on either side of him. After being sworn in, he stepped onto the witness stand and sat down.

  Maynard began his questioning by asking Tony about his age, his address and his employment as a window washer. “Mr. Sharkey, when and where was the first time that I met you?”

  “Tuesday. In the can. The jail.”

  “Were you arrested in Saddle River the previous evening?”

  “Yeah. I got caught doing a break-in. The cop saw me on the balcony.”

  “Did you go to the police station after that?”

  “Yeah. That’s when I talked to a detective. Told him I got some good info for him.”

  “Did the police, at your request and with your consent, go to your apartment in Moonachie?”

  “Yeah. I told them to go there. They took my key.”

  “What were they looking for?”

  “I told them that a bracelet I took from the Grant house in Alpine last year, the same night as when the doctor got whacked, was under a loose tile in the bathroom.”

  Betsy visibly grimaced as Tony spoke of her husband being “whacked.”

  “Mr. Sharkey, I am showing you a bracelet that has been marked as Defense Exhibit 10. Is this the bracelet that was under that tile?”

  “Yeah, no doubt. Look at the initials. TG and BG. They brought it back to the police station and the detective showed it to me.”

  “What did you tell the detective?”

  “I told him that I didn’t think that this little lady killed her husband. I told him that I took the bracelet that night. Before I went in, I seen a black Mercedes—right next to the house—hauling out of there.”

  “What time was it?”

  “Two, maybe two thirty in the morning. I wondered what the hell that was all about.”

  “What happened next?”

  The jurors sat mesmerized as Tony related how he had been there as a window washer, had tampered with the alarm and had taken the bracelet.

  “Mr. Sharkey, why did you only take one bracelet from the safe?”

  “When I do a job, I just take one, maybe two good pieces. Then the people in the house don’t realize that anyone’s been there. When they realize it’s gone, they don’t call the cops ’cause they think they forgot to put it back where it should be. That way, they don’t report it to the police and have them crawling all over the house looking for fingerprints.”

  “Mr. Sharkey, have you been promised anything for your testimony here today?”

  “Nope. I’m getting zilch from the prosecutor. You told me that the lovely lady here would let bygones be bygones about me taking the bracelet.”

  “Your Honor, I have no further questions.”

  “Cross-examine, Prosecutor,” said the judge.

  “Mr. Sharkey, isn’t it a fact that you have six prior felony convictions?”

  “Yeah. I ain’t proud of it. My mother sure ain’t proud of it.”

  “And you know that the judge will instruct the jury that they can consider those prior convictions when they evaluate the credibility of your testimony, in other words whether they believe you.”

  “Yeah I know. I been through this before.”

  “Mr. Sharkey, when is the first time you met me?”

  “Early Tuesday morning. You looked real pleased to meet me.”

  “And you told me some of what you said here today, correct?”

  “Right.”

  “But when I asked you to describe the car you supposedly saw fleeing from the home, you wouldn’t tell me. Is that correct?”

  “That’s the truth.”

  “As a matter of fact, you demanded that I promise you probation for your testimony before you would say any more. Is that correct?”

  “Yeah. I figured that was fair if I’m gonna come in here.”

  “And I told you, based upon what you had said, that I am not promising you anything except full prosecution for the attempted burglary in Saddle River, and full prosecution for the burglary of the Grant home, even if Mrs. Grant now forgives you because you’re trying to help her get off on this murder charge. Is that correct?”

  “That’s pretty much it.”

  “Mr. Sharkey, you say that you stole this bracelet in March of last year. Correct?”

  “Yeah. That’s when it happened.”

  “Mr. Sharkey, I went through some of your previous sentencing reports. Is it not true that you have a severe gambling addiction and work somewhat sporadically for the window-washing companies?”

  “I won’t deny that I go to Atlantic City wh
enever I got some cash. I work at window-wash places whenever they have jobs for me. They ain’t the busiest places.”

  “Then, if you’re short on money, why did you hang on to this bracelet all this time? Why didn’t you fence it and get thousands of dollars for it?”

  “Because I figured I might find myself in a bind like I’m in now. I figured I could use it to get some time off my sentence.”

  “So you are here just trying to help yourself. Correct?”

  “Sure. But I’m telling it straight about what happened.”

  “But if you hadn’t been arrested in Saddle River the other night, you wouldn’t be here all worried about Betsy Grant, would you?”

  “No, I can’t say I would be. But I always felt bad for her since she was arrested.”

  “Mr. Sharkey, you have no proof that you were in the home that exact night, do you?”

  “No but add it up. I window-washed the two days before. I know the company sent you that info. And I got the bracelet. And check that alarm. It’s older than I am. Anybody could get around it.”

  “And you just happened to see a mystery car fleeing the scene?”

  “No mystery. It was dark. I told you what I saw.”

  “Your Honor, I have no further questions.”

  Tony slowly left the witness stand with the sinking feeling that it hadn’t gone well. Robert Maynard had the same feeling.

  “Call your next witness, Mr. Maynard,” the judge said.

  “The defense calls Carmen Sanchez.”

  Carmen walked from the entrance door slowly up toward the witness stand. The judge told her that she had been previously sworn in and was still under oath. Maynard took her through her account of the dirt on the rug and how she had helped Betsy look for the bracelet.

  Elliot Holmes then began cross-examination.

  “Ms. Sanchez, let’s talk about the supposed dirt on the rug. You pride yourself on being a meticulous housekeeper. Correct?”

  “If you mean do I clean good, yes.”

  “And you say that you saw dirt on the rug the morning that the doctor was found dead?”

  “Yes. But I was so upset.”

  “But you say you had cleaned and vacuumed this area the day or two before?”

  “Yes. That’s why I was so surprised.”

  “Ms. Sanchez, you are very close to Betsy Grant. Correct?”

  “Yes. She is always good to me.”

  “And you care about her a great deal, correct?”

  “Yes. Yes. Very much.”

  “And she was arrested for the murder of her husband within two weeks of his death?”

  “Yes. I was so sad.”

  “And you knew that she was alone in the house with her husband that night, correct?”

  “Yes. I knew that.”

  “But you believed that someone else did it, correct?”

  “Yes. Yes.”

  “So that would mean that someone came into the house during the night, correct?”

  “I guess. I don’t know what happened.”

  “And it never occurred to you to talk about this dirt on the rug that might have been left by the unknown intruder?”

  “No. I don’t know why. I don’t know. I only really thought about it when I did my testimony. But the judge said just answer the question.”

  “But even after that, you said nothing to Mrs. Grant or to Mr. Maynard until Mr. Sharkey suddenly popped up two days ago, correct?”

  “What do you mean by popped up?”

  “I mean you said nothing until Mr. Maynard learned about Mr. Sharkey two days ago.”

  “No. I don’t know why. I was embarrassed that maybe I missed the dirt when I vacuumed the day before.”

  “Ms. Sanchez, let’s move on to a different topic. You say you helped Mrs. Grant look for this bracelet over a long period of time. Correct?”

  “Yes. We could not find it.”

  “But you don’t know when it was stolen, do you?”

  “No.”

  “I have no further questions, Your Honor.”

  Robert Maynard stood up. “Your Honor, I now recall Betsy Grant.”

  When she was seated on the witness stand, he spoke gently. “Mrs. Grant, this is your bracelet, isn’t it?”

  Betsy’s voice broke. “Yes. Ted gave it to me for our first anniversary.”

  “Are your initials and his initials engraved on it?”

  “Yes.”

  “When did you first realize it was missing?”

  “A few weeks after my husband’s death.”

  “Did you report it stolen?”

  “No. I had no reason to believe it had been stolen. There was no other jewelry missing.”

  “Did you report it as lost to your insurance company?”

  “No. I thought Ted may have taken it and put it somewhere in the house. I did not want to report it lost, get money from the insurance company and then find it later on. Carmen and I looked everywhere for it. I wanted very much to find it. It meant a lot to me. I had just decided the other day to report it lost, but before I got a chance to do it, all of this happened.”

  “No further questions, Your Honor.”

  Elliot Holmes walked up to the witness stand. “Mrs. Grant, you have no idea when this bracelet was stolen, do you?”

  “Not specifically. I had not worn it in the last year before I realized it was missing. Ted couldn’t go out anymore so there wasn’t much occasion to wear this kind of bracelet. I think I last wore it to a charity dinner.”

  “Did you ever wear this very sentimental item in the dozens of times you had dinner in New York with Peter Benson?”

  Betsy wanted to scream. “No I did not!” she shouted.

  “So, it could have been stolen anytime in that year, correct?”

  “I was not aware it had been stolen, so obviously I don’t know the exact moment. But Mr. Sharkey had never worked at my house until the two days before Ted died. How would he have known about my house before that?”

  Holmes snapped, “Mrs. Grant. Just answer the question.”

  “I told you. I had not worn it in the year before Ted died and I didn’t realize it was missing.”

  “And after you were arrested, your longtime housekeeper never told you about dirt on the rug under the upstairs window. Correct?”

  “No she did not. I wish that she had. She feels very sorry about that.”

  Smirking, Holmes said, “I have no further questions.”

  Betsy stepped down from the witness stand and slowly walked back to the defense table. Robert Maynard pulled her chair back for her and she sat down.

  “Judge, the defense rests.”

  “Any rebuttal, Prosecutor?”

  “No, Judge.”

  The judge turned to the jurors, told them that the presentation of evidence was complete and that they should return at nine o’clock tomorrow for the summations and legal instruction.

  62

  Thursday was Josie’s day off. She slept late, but as she got up, she was thinking how happy she was that she had met Delaney Wright. It had opened a new way of thinking for her.

  What if I got a meeting with the prosecutor and told him that after thinking it over, I realized that Alan had set me up to be his alibi. In her mind she ticked off what she would tell the prosecutor. One, she hadn’t even talked to Alan for six months when suddenly he called, then told her how much he missed her. For about a month before his father died they went out at least three times a week. Then one night he started whining how worried he was about his father and how lonely he had been feeling. He said he knew he would be really depressed after the birthday party for his father, and would need somebody to talk to. I said okay, and agreed to meet him for a drink at ten o’clock at O’Malley’s, one block away from my apartment. For the next hour and a half I listened to his sob story. Then he said he didn’t want to be alone. He begged me to stay at his apartment, but knowing what a slob he is, I had told him to come to my place instead.

&nb
sp; Like I told Delaney Wright, she thought, I didn’t know Alan was allergic to cats, and he didn’t know I had adopted one. He started to wheeze the minute he walked through the door, but even so, he stayed. And what a coincidence it was that his father was murdered that very night. Bingo, I’m his alibi!

  Since his father died, Alan and I have been getting together at least once a week, but it was nothing more than a pretense of dating. Look, I’ve been around and I know if a guy is interested, she thought. And did he even thank me for backing up his story when I was on the witness stand? No. I covered his tail and that was all he wanted.

  I can tell the prosecutor all of this, Josie thought. I’ll be recalled to the stand. I’ll knock the wind out of that whining jerk who was so crazy about his father but stood to inherit millions when he died.

  As she petted her cat, Josie thought, I’ll call Alan and tell him to come up with a million bucks or I dial the prosecutor. I’ll tell him to get a loan. He’ll get all his father’s money when his stepmother is convicted, but I wouldn’t trust him that I’ll see any of it once the trial is over.

  You thought I was too dumb to figure this out, Alan, Josie thought. It took me a little time, but now I have it straight.

  She smiled, and the cat began to purr.

  63

  When the phone rang Thursday afternoon and he saw it was Josie, Alan almost didn’t pick it up. But she had backed him up one hundred percent on his alibi. That was more important than ever now. He needed to keep her happy.

  “Hi, Josie,” he said warmly. “How’s my best girl?”

  “Your best girl has been doing a lot of thinking,” Josie answered, a smile in her voice. “Now let me explain to you what I’ve been thinking about.”

  Alan’s fingers became clammy as she told him what she wanted. “Josie, there is no way in the world I can get you one million dollars in the next twenty-four hours. And I can’t sign anything saying I owe you that kind of money.”

  They haggled back and forth for the next ten minutes before Alan was able to persuade her to accept a compromise. He told her he would make an appointment at his lawyer’s office. He’d meet her there and make her a joint owner of his condo. He was pretty sure that would be easy to do. If anyone asked, he could say he loved Josie and wanted to show her how serious he was about their relationship. When the trial was over and he got his money, he’d give her the other half of the condo.