Black Monday, A Stan Turner Mystery Vol 7

  Chapter 46

  TOUGH AS TITANIUM

   

  As I was leaving the house, I got a call from Paula. She said she was running late because Jimmy had called her. She wanted me to pick her up at her condo to save time. Fortunately, I had packed up everything I needed for day two of the trial, so I didn't need to go by the office. When I got to Paula's place she wasn't anywhere to be seen, so I went up to her front door and knocked.

  "Come on in," she said. "I'm almost dressed."

  I opened the door, stepped inside and looked at my watch. It was 8:35 a.m. We had to be in court at 9:00 and it was a thirty to forty-five-minute drive, depending on traffic and weather conditions. Fortunately, the skies were clear and traffic usually subsided quickly after 8:30.

  Paula walked in the living room with a tube of lipstick in her hand. She was dressed in a white textured tank dress that clung to her shapely body. She sat up against me, and put her hand on my leg to steady herself while she put on a pair of white heels. My eyes were drawn to her luscious legs which she extended before me. She looked at me, shook her head, and said, "Do you like this color of lipstick?"

  I looked at her burnt orange lips and nodded. "Yeah, it looks great. . . .You look great."

  I don't know why I said that but she perked up immediately. She tilted her head slightly and smiled seductively. "Thanks. If we had more time—"

  "Right. But we don't," I said and stood up.

  "Yeah, well I'm sorry I'm running late but Jimmy called. He's not coming back voluntarily."

   "Oh, wonderful. Couldn't you talk some sense into him?"

  "No. He's convinced the CIA is going to make sure he's convicted—buy the jury if they have to."

  "Buy the jury? That's a little farfetched."

  "Not really. If they killed Don Baker, jury tampering would be nothing to them."

  I took a deep breath. "Well, we better go. If we're lucky, we won't be more than five or ten minutes late."

  "They'll wait for us," Paula said. "What choice do they have?"

  Paula seemed to have recovered from the disastrous first day of trial. She was even flirting with me which made me feel like things were back to normal. At least as normal as they got at Turner and Waters. It was a good thing Paula was back on her game because the next few days, while Wilkerson put on his case in chief, wouldn't be pleasant. He would be laying out a very convincing case against Jimmy Bennett and Paula would have to be in top form to discredit it.

  As we drove south on the Dallas North Tollway, I wondered if Paul Thayer had found out anything yet on Skip Henderson. I made a mental note to call him during the morning break to find out. As we approached the courthouse, I could see the press corps had grown considerably from the previous day. No doubt Jimmy going AWOL and the issuance of an arrest warrant had increased the entertainment value of his murder trial. As we walked through the basement entrance to the courthouse, we were met by a half dozen reporters.

  "Miss Waters? Have they arrested Jimmy Bennett yet?" the first reporter asked.

  Paula shrugged. "Not unless they got him in the last twenty minutes. He just called me."

  "Where is he?" the second reporter asked.

  "Somewhere in Mississippi. He didn't say exactly where."

  "Is he going to turn himself in?" the first reporter asked.

  Paula shook her head and replied, "No, I don't think so."

  "How do you think his absence will affect his trial?" the second reporter asked.

  "It will make our job more difficult, but it shouldn't affect the eventual outcome. Jimmy's guilt or innocence doesn't have anything to do with his presence during the trial. The facts themselves will determine whether he is convicted or acquitted."

  I was amazed at Paula's impromptu news conference. She was already laying the foundation for her defense strategy and practicing her opening statement. She was right, it didn't really matter if Jimmy was present or not. He wasn't going to testify so we didn't need him. It was only the jury's reaction to his absence that could hurt us. As I watched Paula, I could see her mind working hard to conceive some compelling reason why Jimmy had fled. I couldn't wait to hear what it would be.

  When we arrived in the courtroom the judge was on the bench and Wilkerson was talking to the bailiff. The judge watched us while we took our places at the defense table. The judge shook his head and said, "Well. Glad you two could join us."

  Paula replied, "I'm sorry, Your Honor, but I was on the phone with my client trying to persuade him to turn himself in."

  "Is that right?" the Judge said. "And were you successful?"

  "No, I'm sorry to report that I was not. He's concerned for his safety. He's received threats on his life."

  "Who has threatened him?"

  "He didn't say."

  The judge snorted and said, "Well, he'll be perfectly safe in jail when the local authorities catch up with him."

  "Yes, sir," Paula said.

  "Okay. Let's get on with it. I'll deal with Mr. Bennett later."

  "Yes, Your Honor," Paula said.

  "You have twenty minutes to make your strikes, then we'll seat the jury," the Judge said.

   It was nearly eleven when the Judge read the names of the jurors and they took their places in the jury box. When they were all in their places, he instructed them on their role as jurors and outlined the rules they must follow. When he was finished, he gave us a ten-minute break and told Wilkerson he could make his opening statement just as soon as the break was over.

  During the break I called Paul Thayer. He told me that he had finally been able to confirm that indeed Skip Henderson had been in Dallas on October 19. He said his information had been obtained from one of his contacts at Checker Cab. Apparently, one of their drivers drove him to the airport and remembered that he checked his bags to Dallas. He said he was on his way to Dallas to try to track Henderson's movements while he was in town. I thanked him and hung up. This was good news, but not quite enough to prove our alternate scenario. I went back to the courtroom and told Paula what I'd learned. While we were talking the judge returned.

  Wilkerson stood up, strolled over to the jury box, and began. "Ladies and Gentlemen of the jury. We are here today because of events that occurred on Monday, October 19, 1987. This day, known as Black Monday, was indeed dark for Don Baker and Amanda Black, who were brutally murdered while they slept after a night on the town.

  "We will show that Don Baker was a prominent citizen of the community, a businessman who owned the largest construction company in North Texas but also was the majority owner of Metroplex Savings & Loan.

  "In the course of the trial of this case you will come to find out that the defendant, Jimmy Bennett, was the son-in-law of the decedent, Don Baker, and that they had a very close relationship—both business and social. It will become clear after hearing the testimony of the witnesses that Don Baker and Jimmy Bennett began to have a falling out in the late summer and fall of last year. The cause of this rift is unclear but what we will show is that on the Saturday before Don Baker was murdered, Jimmy Bennett and Don Baker had an argument that nearly came to blows.

  "The immediate cause of the argument was Jimmy Bennett's wife's announcement that she had filed for divorce. This news was unexpected and outraged Jimmy Bennett who blamed his wife's unhappiness on her father's insistence that Bennett work long hours and entertain guests in the evenings.

  "We will also show that Jimmy Bennett drank too much, took drugs, and had a hot temper. We will show that all of this contributed to the rampage he went on that resulted in the murder of Don Baker and Amanda Black.

  "As the judge explained the state has the burden of proof in this case and we intend to meet that burden by establishing beyond any reasonable doubt that Jimmy Bennett carefully planned and carried out the murder of his father-in-law and ex-lover. We will show that there was no evidence of a forced entry at the crime scene which is consistent with the fact that Jimmy Bennett had a key to the condominium a
partment. We will show that the killer used a six-inch hunting knife to slit the throats of his victims while they slept. We will show that Jimmy Bennett was the owner of that knife and that his fingerprints were found on the knife and as well as numerous other places around the bedroom where the murder took place.

  Finally, we will show that Jimmy Bennett stood to gain substantial financial advantage from Don Baker's death—namely his wife would immediately become trustee of the trust that controlled the Baker fortune. When all is said and done it will be clear to all of you that Jimmy Bennett is guilty of capital murder and should be sentenced to die by lethal injection. Thank you."

    Texas had recently adopted lethal injection as its official method of conducting executions. The first execution by this method occurred on December 7, 1982 when Charles Brooks was put to death for the murder of second hand car salesman David Gregory in Huntsville Texas in 1976. It was supposed to be a more humane way to put people to death, but the words still sent a chill through me.

  The judge looked at Paula and asked, "Do you wish to make an opening statement?"

  Paula stood up and replied, "No, Your Honor. The defense will make its opening statement after the state puts on its case."

  "Very well," the Judge said. "We'll break for lunch and start testimony at 1:30 p.m."

  Everyone rose and watched the judge exit out the rear door. Reporters mobbed Wilkerson as he was leaving the courtroom. Paula and I left by the rear door and went down the back stairway as usual, slipping away without encountering any reporters. We walked through the underground parking lot and up a stairway to the street in front of the Old Red Courthouse.

  The throng of reporters was across the street so we dashed across Kennedy Square and into the West End. Paula felt like Italian food so we went into the Spaghetti Warehouse. Paula ordered a pasta salad and I got a meatball sandwich. While we were waiting for our orders, we discussed strategy.

  "We're going to have to decide pretty quickly which scenario to use to create reasonable doubt," Paula said.

  "You've already decided, haven't you?"

  Paula frowned. "What makes you say that?"

  "Well, when you were talking to the reporters this morning it seemed like you were leaning toward blaming the murders on Manning and his gang."

  "That would be my preference but it's probably not an option."

  "Why not?"

  "It would be too dangerous considering the threats on your life. I don't want Mr. Z coming after you again."

  "We can't worry about that. We have to do what's best for our client. Anyway, I think Mr. Z is long gone by now."

  Paula sighed. "Well, we're a little short on proof anyway. To a jury this whole Iran-Contra connection might seem a bit farfetched. They could easily see it as just an act of desperation."

  "Well, Margie's account of the whole affair seems pretty credible."

  "But it's all hearsay," Paula said. "She doesn't have any direct knowledge of the arms dealing and how the whole operation worked. . . . Even if we could overcome the hearsay objection, she may not be willing to testify."

  "Why wouldn't she?"

  "Because she wouldn't want to blemish her husband's memory. I think she'll be very reluctant to do it and if she does agree, her testimony won't come off nearly as convincing as when she was talking to you."

  "Hmm. Well, hopefully Paul will come through with the missing link."

  "I hope so. We need a break here pretty soon or Jimmy is going to get convicted."

  When we got back to the courthouse, Wilkerson began parading witnesses through the courtroom. He started with the detective who handled the crime scene, then the medical examiner, a crime scene investigator, and finally a neighbor who talked to Don and Amanda just before they retired to the condo for the evening. At 5:00 p.m. the judge adjourned the trial until the next morning at 10:00 a.m.

  When we got back to the office, Jodie was back from West Texas where she had been investigating Margie Baker. She said she had a lot of interesting information to give us. We all went into the conference room and she began to tell us what she had learned.

  "Well, let me tell you it's a long drive to Abilene. I got into the worst thunderstorm I've ever driven in."

  I laughed. "Yes, I've made that trip many times. I'm sorry the weather was bad, but that's not unusual out there."

  "Well, at least it was worth the trip. Buffalo Ridge is a beautiful place."

  "Where is it exactly?" I asked.

   "About ten miles northeast of Abilene. It takes about fifteen minutes to get from the road to the main house."

  "I bet the house is nice."

  "Oh, my God. It's gotta be five thousand square feet and there's a detached servant's quarters."

  "That figures."

  "It appears to be primarily a cattle ranch, but there are a lot of horses too. I saw twenty ranch hands easy. There are three big barns, an Olympic size swimming pool, and lighted tennis courts. Everything is first class."

  "So, how were you received?"

  "Fine. I told them you wanted me to talk to all the hands to see if any of them knew anything that might help us defend Jimmy. They thought I was wasting my time, but pretty much gave me the run of the ranch anyway. A cowboy named Roy Olsen drove me around in his pickup truck and introduced me to everyone."

  "Did you talk to Earl?"

  "Yes, but he's a very quiet man. I think he was suspicious of my intentions. He didn't tell me much, but he did say that Don Baker had been unfaithful to Margie from day one and that he treated her like she was one of his cattle. I think he really loves Margie to hear him talk. They've been together going on three years now."

  "Where were they on Black Monday?" Paul asked.

  "They were a little vague on that point. Apparently they were at some kind of cutting horse competition in Gainesville. They were staying at a friend's ranch just south of the city. The competition began on Thursday and ended at 5:00 p.m. on Saturday. I called the sponsors of the competition and they told me that Earl competed on Friday morning at 9:30 a.m. and on Saturday at 11:00 a.m. but that other than those times they would have no way of knowing their whereabouts."

  "Were you able to find out whose ranch they were staying at?"

  "No, I couldn't get that information out of them without pushing harder than I thought was wise."

  "So, Margie and Earl could have easily made it to Dallas in time to kill Don and Margie."

  "Sure, it's less than two hours from the ranch to Don's condo."

  "Did anyone know anything about Continental Exporters or United Recycling?" I asked.

  "Yes, Roy Olsen, the man who drove me around, used to work for United Recycling. He said he did security for a while and handled some shipping and receiving."

  "Did he see any recycling done?"

  "No, it was apparently contracted out."

  "Contracted out?"

    "Yes, he was told that the Dallas office was just an administrative office. The actual recycling was done elsewhere."

  "Someone else mentioned that," I said. "They had to tell their employees something so they wouldn't wonder what was really going on. Are there any company records around?"

  "No, he said when the company moved out of their space he was directed to shred everything."

  "That sounds familiar," I said. "Ollie North did the same thing when the heat from Congress got too intense."

  "So, do we have enough to pin the murder on our threesome yet?" Paula asked.

  "We still need to somehow put Skip Henderson at the scene of the crime," I said. "We do that and we've got them nailed."

  "Did the crime scene investigators find any unidentified fingerprints?" Jodie asked.

  "Yes, I think there were several, if I remember the forensic report correctly," Paula said.

  "We need to get access to them and compare each to Skip Henderson's," I said.

  "How do we get Skip Henderson's fingerprints?"

  "That will be Jodie's job."

/>   "My job?" Jodie asked.

  "Yes, if Skip Henderson is the killer, you can bet he'll be at the trial tomorrow," I said. "If he is, you can pretend to be a fan and buy him a coke or something. Then just leave the can somewhere where we can retrieve it later. Then we'll have his fingerprint."

  "Oh, cool. That will be fun." Jodie exclaimed.

  "While you're talking to him, see what else you can find out."

  "Of course. No problem."

  "Keep in mind he may be a killer. Be careful and don't leave the courthouse."

  "Right."

  When I got home that night I pulled out some old Dallas Cowboy programs and found a picture of Skip Henderson. He had been a tackle for the Minnesota Vikings and he looked as tough as titanium. I could see where he could be a very valuable errand boy for a Congressman. I just hoped he liked Jodie. If he did, we might just nail him.