CHAPTER 38
DESPAIR
It was eerie being the defendant in a criminal case. Everyone looked at me when I entered the courtroom and I could feel their eyes staring at me as I sat at the defense table next to Stan. I pulled my dress down, crossed my legs, and looked away from everyone. The courtroom was noisy in anticipation of the trial resuming. Stan was jotting down questions to ask Miss Cabrillo on cross-examination, and Silvey and a pretty legal assistant were talking and laughing like they were on a date. It irked me that they were so happy when my life was in a shambles. We hadn’t talked about it, but everybody knew if I was convicted I might lose my law license along with my freedom. It seemed so unfair that I had to go through this nightmare, let alone lose everything I’d worked my whole life to attain.
The bailiff stood up and announced that the judge was taking the bench. The crowd rose and the room became quiet. The judge walked in, told everyone to be seated, and sat down. He asked the bailiff to bring in the witness and the jury. The bailiff opened the door to the jury room, and the jury filed in and took their seats. Then the bailiff went out in the hall and got the witness. After the judge rearranged some papers on his desk, he nodded at Stan.
“I believe it is your witness,” Mr. Turner.
Stan rose and said, “Thank you."
“Miss Cabrillo, how many times have you jogged along Keller Springs Road?”
“Ah. Many times.”
“How many? One, five, twenty-five, a hundred and twenty-five times?”
“Gee. I don’t know exactly. Maybe ten times.”
“Where else do you jog?” Stan asked.
“I don’t know. Ah. . . . White Rock Lake sometimes.”
“You don’t jog every day then?”
“No, once or twice a week if the weather is good.”
“What made you jog along Keller Springs Road on the morning of August 18, 1986?”
“I don’t know. It was a nice day. I just felt like it.”
“But why not White Rock Lake? What made you decide to do Keller Springs Road?”
“I don’t know.”
“Or you don’t want to tell us?”
“Objection!” Silvey said. “He’s badgering the witness.”
“I’ll allow it,” Judge Justice said.
“I’m telling you I don’t know.”
“Isn’t it true you were told to jog along Keller Springs Road on August 18, 1986?”
“No, nobody told me that.”
“Isn’t it true you wanted to be hit by Miss Waters?”
“No. Why would I do that?”
“So you could file a civil suit for 1.2 million dollars, perhaps?”
“No, she should pay for hurting me. I didn’t want to get hurt.”
“On the date you were hit, did you know Ernesto Garcia or Brian Armstrong?”
“No. I don’t know them.”
“You testified they came to your aid after you were hit, right?”
“Yes, they were very nice.”
“They were in a vehicle and stopped to help you?”
“Yes.”
“What kind of vehicle?”
“Ah. . . . A black Chevy, I think.”
“Did you get in that vehicle?”
“No, I stayed in the road until the ambulance came.”
“You testified you were bleeding, right?”
“Yes, very much. Blood was everywhere.”
“Did it get on your clothes?”
“Objection!” Silvey said. “This is all irrelevant. She testified she was injured. That’s the only issue before the court.”
“Your Honor,” Stan said. “I’m laying a foundation for one of our defenses that will be presented later in the trial.”
“Very well. Objection overruled,” Judge Justice said. “Continue.”
“Yes, my pant leg had some blood on it.”
“You testified earlier that you live with your boyfriend, Raul Marcos, right?”
“Yes.”
“Does he have a personal injury suit going too?”
“Objection!” Silvey said. “Irrelevant and prejudicial.”
“Sustained. Mr. Turner, be careful,” Judge Justice said.
“Did your boyfriend ever work for a company called S & T Packing Company?”
The reporters in the gallery stirred, their curiosity obviously aroused by this new name. Our strategy was to get the press to start looking into S & T Packing, Don Harris, and the People’s Mission. We needed all the help we could get. The judge banged his gavel and told everyone to quiet down.
“I don’t know.”
“You don’t know? Weren’t you at Mr. Marcos’ deposition recently?”
“Yes.”
“Didn’t he testify he used to work for S & T Packing?”
“Oh, right. I remember now. That was his old job.”
“Have you ever met a man named Don Harris? I believe he is a customer of S & T Packing?”
She shook her head. “No, I don’t know him.”
“You’re sure?” Stan pressed.
She hesitated. “Well, I don’t remember ever meeting him?”
“But you might have?”
“I suppose. Maybe when Raul worked there.”
“Where is Raul now?”
“I don’t know. He went out of town.”
“Do you know that he is under subpoena in this case?”
“What’s that?”
“Notice that he is to testify in this case.”
“He didn’t get no notice.”
“Did you know a process server has been trying to have him served?”
“No. I didn’t know that?”
“You know you’re under oath, Miss Cabrillo. If you lie you can be prosecuted for perjury.”
“Objection!” Silvey said. “Counsel is trying to intimidate the witness."
“Mr. Turner, are you going somewhere with this?” Judge Justice asked.
“Yes, Your Honor, I am.”
“Very well. Objections overruled,” the judge said. “Miss Cabrillo, you realize you are under oath and must tell the truth, right?”
“Yes, Your Honor.”
The judge nodded at Stan. “Miss Cabrillo. Didn’t the process server come to your door looking for your boyfriend just yesterday? In fact, hasn’t he been at your door numerous times in the past two weeks trying to serve a subpoena on your boyfriend?”
“I didn’t know why he was there.”
“You never looked at the paper or talked to the process server about it?”
“No, I don’t know anything about Raul’s business.”
“This isn’t Raul’s business, this is your business. You knew why the process server was there, didn’t you? Your boyfriend was avoiding being served so he wouldn’t have to testify here today, isn’t that right?”
“Objection!” Silvey screamed. “Counsel is badgering the witness, asking compound questions, testifying, and this whole line of questioning is irrelevant."
“Withdraw the question. Pass the witness,” Stan said and took his seat.
Silvey took Miss Cabrillo on redirect and made some progress in reestablishing her credibility. Stan attacked her again, and when it was all over I’d say it was a draw, which wasn’t bad since she was the prosecution’s star witness. Silvey called his next witness, who was Ernesto Garcia. He testified as expected that he and his friend were carpooling and came upon the accident in time to see Paula take off. He corroborated Miss Cabrillo's account of the accident completely and sounded quite credible. As Stan took him on cross I was scared. Garcia seemed confident and unshakeable.
"Mr. Garcia. You testified your roommate Brian Armstrong was carpooling on the date of the accident in controversy here today. Is that correct?"
"Yes, we were on our way to work."
"What kind of car were you driving?"
"I drove a pickup truck, actually. A Chevy 10 longbed."
"Now you've denied taking Miss Cabrillo in your truck on the night of morn
ing of the accident, is that right?"
"Right. We never put her in the truck. They took her to the hospital by ambulance."
"Then you wouldn't mind if we inspected your truck for evidence that Miss Cabrillo had ridden in it."
Garcia grinned and said, "I wouldn't mind if I still had it."
"What do you mean?" Stan said.
"I mean it was stolen last week."
"You're kidding? Did you file a police report?"
"Yes, it's all been documented."
"I bet," Stan said shaking his head.
"I'm sorry you lost your friend," Garcia said.
"What friend?"
"The private eye guy?"
"Monty Dozier?" Garcia nodded. "What do you know about that?"
"Nothing, man. I just read about it in the paper."
Stan glared at the witness for a moment and then threw up his hands and said, "I'm through with this witness."
Stan looked at me as he went back to his seat. He was obviously worried. I had never seriously thought I'd get convicted. Somehow I figured Stan would get me off. Now it appeared my fate was sealed. I closed my eyes and took a deep breath. This couldn't be happening. I looked over at Bart for reassurance but he wasn't smiling either. Oh, God. No!
By the end of the day, both sides had rested and the case went to the jury. At 4:30 p.m. the judge sent the jury home for the night and told them to report back the following morning at ten. Bart took me home after court adjourned, as I was in no condition to drive or be alone. Stan voiced his anger at how Garcia had so conveniently had his truck stolen. He was particularly upset at the reference to Monty Dozier. It was obvious to all of us that Garcia had something to do with Monty's murder, yet we'd never be able to prove it.
Bart and I ate a quiet dinner at home. Neither one of us could stomach the thought of an adverse verdict so we talked about other things. We drank a lot and reminisced about old times. Eventually we went to bed. Bart wanted to make love but I just wanted to hold him. He said he understood so we just snuggled up close until we both finally fell asleep.