CHAPTER 37
PAULA'S TRIAL
Paula’s long anticipated trial finally arrived on Monday, February 9, 1987. On Monday and Tuesday we picked the jury of eight women and four men. Although it was only an offense of failure to render aid, the media was treating it like a murder trial. As we stepped out of the car in front of the Dallas County courthouse, cameras flashed and the mob of reporters began yelling questions at us. We moved quickly across the sidewalk and into the midst of CDA picketers who were marching and chanting, "Set our sister free—set our sister free—set our sister free." I noticed one of the signs said "We love you, Paula," another said, "Dusty needs Paula!" I was moved by the show of support for Paula, even if it was for all the wrong reasons. At least somebody cared that she was being falsely accused.
Bart took us to an elevator that was being held for us and we went up to the sixth floor. The courtroom was filled and Martin Silvey was already at the prosecution table. A gray haired man nearing retirement age, Silvey was an impressive looking prosecutor. Paula was wearing a cream colored two-piece crepe suit with a ruffle on the front. She looked quite pretty but not overly sexy. We didn’t want to turn off any of our female jurors. An attorney on trial was always at a disadvantage anyway just because of the natural distrust and hatred some people felt toward attorneys. We had encountered that problem in picking a jury. The judge had dismissed seven prospective jurors for cause simply because of their blatant hostility toward lawyers.
Judge Samuel Jake Justice was on the bench. He was a black judge with little sympathy for those who broke the law. Although considered fair and honest, he had a propensity for giving out maximum sentences if an adverse verdict came down against a defendant. I cringed at the thought of Paula being found guilty. Judge Justice would likely give the maximum sentence of five years and a $1,000 fine. I nodded at Paula’s parents, Jodie, and Rebekah, who were in the gallery directly behind us. Bart was sitting near the door in the back of the courtroom so he could come and go as needed. Representatives of the press, selected by random drawing, filled-out the remaining seats.
The bailiff stood and said, “Please rise for the Honorable Samuel Jake Justice.
Everyone got to their feet as the judge took the bench. “Be seated.”
We all sat down and the judge asked Silvey to read the indictment.
“In the name and by the authority of the State of Texas: The Grand Jury of Dallas County, Texas at the June Term, 1986 A.D. of the 333rd District Court, in said court at said Term, does present that one Paula Virginia Waters was driving a vehicle eastbound on Keller Springs Road in Dallas, Texas on August 18, 1986 at approximately 7:10 a.m., when she hit Miss Maria Santos Cabrillo, a pedestrian running along the highway, said accident resulting in Miss Cabrillo’s injury. Following the accident Miss Waters intentionally and knowingly failed to stop and render reasonable assistance in violation of Texas Revised Civil Statutes Annotated, article 6701d, section 38(d).”
“Thank you,” Judge Justice said. “You may present your opening argument, Mr. Lee.”
“Thank you,” Your Honor. “Ladies and gentlemen of the jury, it is with a heavy heart that I stand before you today. Rarely does the State have to prosecute officers of the court and former members of its own district attorney’s staff. But no man or woman is above the law, and when one of them strays, they must pay the price just as each of you would have to do if it were you who had broken the law.
“We will show that on August 18, 1986, Paula Virginia Waters, an attorney and former assistant district attorney with this office, left for work in a hurry. Her condominium is located just off of Keller Springs Road in north Dallas and she turned left unto Keller Springs on her way to Preston Road. Unfortunately Maria Cabrillo was jogging and crossed in front of Mrs. Waters and, despite a last minute evasive maneuver, was struck by Mrs. Waters’ BMW and knocked to the ground. For whatever reason, and only she knows why, Miss Waters stopped briefly and then took off without rendering aid to Miss Cabrillo, who had suffered severe injuries to her leg and was bleeding.
“Now Miss Waters, through her attorney, is going to throw a convoluted story at you that this incident was all a setup. That certain mysterious persons hired Miss Cabrillo and two eyewitnesses to trick Ms. Waters into leaving the scene of the accident. The problem with their story is that they have no proof of it and it is unlikely that Miss Cabrillo would subject herself to serious injury on purpose.
“The judge will instruct you only to consider the evidence presented in this case in rendering your verdict. Remember that. Don’t get caught up in the defendant’s speculation about a conspiracy against Miss Waters. It’s very imaginative and dramatic but don’t believe it. Look for the evidence of it. You won’t find any. Thank you,” Silvey concluded.
“Mr. Turner,” the judge said.
“Thank you, Your Honor. Ladies and gentlemen of the jury, this case makes no sense. Why would a young woman who has spent four years in college, three years in law school, passed the Texas Bar exams, and who is sworn to uphold the law and the constitution of the State of Texas do something so fundamentally stupid as to hit someone and run away? It’s ridiculous, idiotic, and unthinkable—and it didn’t happen. Miss Waters was set up.
“I know it sounds bizarre and something out of a Hollywood movie, but it happened to my partner, Paula Waters, and we will provide substantial evidence of it—enough evidence at least to cast a reasonable doubt as to Miss Waters’ guilt.
“As Mr. Lee said, you must listen to the evidence and render a verdict only on the evidence presented. This is the law and the judge will instruct you accordingly, but he will also instruct you that the State has the burden of proof in this case. Mr. Silvey must prove beyond any reasonable doubt each of the elements of Article 6701d. That is that Miss Waters intentionally and knowingly failed to stop and render reasonable assistance. He will not be able to do that because it’s simply not true Thank you.”
The gallery stirred in anticipation of live testimony starting. The judge warned them to be quiet. I looked at Paula and she gave me a thumbs up. I smiled and looked back at Rebekah. She was smiling too. So far, so good. Now the fun would begin trying to shake three well coached witnesses.
The judge turned to Silvey. “Call your first witness, Mr. Silvey.”
Silvey stood and replied, “Yes, Your Honor. The state calls Maria Cabrillo.”
Miss Cabrillo was a short, pleasant looking woman. She was smartly dressed and made a good appearance. Martin Silvey approached her with a big smile and started asking her basic questions about herself, her family, her employment, and her life in general. She came off as a hard working, respectable woman. Then he got to the morning of the accident.
“Where were you on the morning of August 18, 1986?” Silvey asked.
“I was jogging along Keller Springs Road in north Dallas,” she replied.
“Tell us what happened on that day, would you?”
“Sure. I was about finished with my run when a dark BMW came barreling around the corner right at me. I tried to jump out of the way but it hit me on the left side knocking me to the pavement.”
“Who was driving the car?”
Miss Cabrillo pointed at Paula. “She was—the defendant.”
“Did the defendant stop after she hit you?”
“Just for a second. She stopped, looked at me, and then took off and never looked back.”
A woman in the gallery gasped. Paula looked over at her and frowned. The judge glared at the woman.
“Now Miss Cabrillo. Did anyone come to your aid after you were hit?”
“Yes, two nice gentlemen stopped. One of them called the police.”
“Did either of these men ever put you in their car?”
Miss Cabrillo shook her head. “No. No way. I was hurt bad. She took off and left me to bleed. She didn’t care about me at all.”
“You say you were hurt badly. Could you describe your injuries?”
“Yes, my leg was broken and I’ve
had to have two surgeries to repair the damage. The doctors say I might have a permanent injury.”
“You won’t be doing any more jogging, is that right?”
“Yes, the doctor said no more jogging.”
Silvey turned and smiled at the judge. “Pass the witness.”
The judge nodded and replied, “Let’s break for lunch. Report back here at 1:30 p.m.”
The judge got up and left the courtroom. The gallery erupted in excited conversation. Paula and I made a quick exit trying to avoid the press. We took the stairs down to the ground floor and exited out a back door. Jodie was waiting for us with her car and we took off just as two reporters came out the same rear exit. We met Paula’s parents and Rebekah at Sonny Bryan’s restaurant a half mile away. Jodie left to make a phone call while we were seated. Everyone seemed pleased with the way the trial was going and I was feeling optimistic until I saw Jodie’s face when she returned.
“The process server can’t find Raul Marcos or John Cox. They’ve disappeared.”
“Oh, shit. You’ve got to be kidding,” I said. “Did they try them at home and work?”
“Yes, apparently they both left the state on a fishing trip,” Jodie said.
“Well, I was afraid this was going to happen. I told the process server to get them served two weeks ago. Damn it!”
“They’ve been avoiding service,” Jodie replied.
“We don’t absolutely need him, do we?” Paula asked.
I forced a smile. “Maybe not.”
It was a lie and everyone knew it. We needed Raul Marcos to testify about his previous employment with S & T Packing and connect Don Harris to it. John Cox would be almost as good as he could make the same connection. Without this critical link, however, we couldn’t present our conspiracy theory to the jury. Martin Silvey would object to it as being irrelevant and he’d be right. Now the only person who could make the connection would be Don Harris himself and he’d undoubtedly take the Fifth or have a complete lapse of memory.
“We need a miracle,” Paula said, “or I’m going to jail.”
“Wait a minute,” I said. “Miss Cabrillo testified that you left her on the side of the road to bleed. . . . If she was bleeding then some of the blood might have dripped onto the interior of the vehicle she was loaded into.”
“Yes, that’s true,” Paula said.
“Did the crime scene investigators check the witnesses’ car for blood?” I asked.
“I doubt it,” Paula said. “It’s probably been cleaned by now.”
“That doesn’t matter. It will still leave some residue,” I said.
“Still, it’s a little late to be requesting an inspection of the witness’ car.”
“True. Unless he volunteers to let us test it."