Homeowner's Association, want to kill Curtis Brown? Well, as with many tragedies the animosity sprung from a simple annoyance—Mr. Stanley's barking dog. Later, that escalated to complaints to animal control and the police and threats of physical violence. Stanley even blamed his divorce on Curtis Brown and his barking dog, Pretty Boy. Finally, perhaps the straw that broke the camel’s back was a controversy that developed over a chain-link fence.
"The Covenants, Conditions, and Restrictions of the Collin Common's Homeowner's Association prohibited the construction of any fence without the approval and consent of the architectural control committee. The covenants further stated that only wood fences constructed of pine, cedar, or redwood were allowed. Mr. Brown, however, disregarded those covenants and had a chain-link fence built around his back yard.
"This infuriated Mr. Brown and prompted an altercation at the homeowner's association meeting on August 6, 1992, just three days before the fire. At the meeting the defendant yelled and screamed at Mr. Brown and the two almost came to blows. So, we will show that when Mr. Brown the next day called his fence contractor and gave them the go ahead to install the fence, that Mr. Stanley was outraged. So outraged, in fact that he began to concoct a plan to make Chester Brown pay for what he'd done.
"Now I don't know what was going through Walter Stanley’s head the day of the fire. Nobody but he does. Maybe when he went to Tom Thumb to purchase a steak to lure Pretty Boy away, his intention was only to burn the house down, not to murder five innocent people, but it doesn't matter. The judge will instruct you that if Mr. Brown went on the property to commit a felony and someone died, that is murder, even if he never intended to kill anyone.
"So, after you've listened to the testimony, scrutinized all the evidence, and considered the judge's instructions I'm confident you will come to the only reasonable conclusion, which is that Walter Stanley is guilty on all five counts of murder and that he should receive the maximum sentence for this heinous crime—death by lethal injection."
As Francis took his seat a low murmur erupted in the gallery. Walter Stanley swallowed hard and looked over at me. I tried to give him a reassuring smile, but I'm not sure it was very convincing. It was now time for me to give my opening statement. Whereas Stan liked to let the prosecution put on its entire case before he said a word, I believed many jurors made up their minds about a defendant's guilt or innocence the very first day of the trial. If that was the case, I wanted them to know that we had a defense and intended to prove it. Who was right? I don't know. So, when the judge asked if I wanted to make an opening statement, I said, "Yes, I do, Your Honor."
The judge nodded and I stood up and addressed the jury. "Ladies and gentlemen. Your Honor. Mr. Francis has told you a fascinating story about an alleged feud between Walter Stanley and Chester Brown that started with a barking dog and escalated to murder. If he is right then this feud will, no doubt, be right up there with the Hatfields and the McCoys. But remember the Judge's instructions. You must listen to all the testimony and weigh all the evidence before you make up your minds. And believe me, we will have a lot of testimony and tangible evidence pointing to other persons who had much stronger motives to kill Chester Brown than Walter Stanley.
"There hasn't been much said about Chester Brown yet. Well, let me tell you he wasn't just an ordinary citizen. Mr. Brown was a brilliant man who was the lead engineer on a top secret government project. Because it is top secret, I can't tell you much about it other than to say that if it was successful, it would have insured our military superiority over all other nations for decades into the future.
"In the next few days we're going to tell you about Mr. Brown's employer, Technology Institute, and its competitor, Almatech Life Systems, who fought a bitter battle to get a lucrative government contract. We will call witnesses who will put members of an elite Almatech security team in Chester Brown's neighborhood just days before the fire. More importantly we'll call upon the arson investigator who will tell you that this was not just your simple gasoline-and-a-match arson, but one that was created by a sophisticated triggering device that was way beyond the capability of the defendant Walter Stanley to design and set up.
"As the Judge told you, the burden of proof rests with the prosecution. They must prove beyond all reasonable doubt that Walter Stanley is guilty. We’re confident that when all is said and done Walter Stanley will be the least likely person to have killed the Brown family. Walter Stanley's only gripes were a barking dog and a chain-link fence; hardly motive for killing five innocent people. Almatech Life Systems lost millions of dollars because of Chester Brown's decision to work for TI. We will show that Almatech's CEO, T. Robert Stout, was bitter about losing that contract and vowed to somehow wrestle it away from TI. That would have been impossible with Chester Brown in the picture, but if he was dead that was a different story.
"So, please don't jump to any conclusions in this case until all the witnesses have testified and all the evidence has been presented. This is not a simple case as the prosecution would have you believe. It's very complex and there is a lot at stake, so please listen carefully and keep an open mind. Things may not be the way they seem. Thank you."
I sat down and looked over at the jurors. Most of them sat emotionless, impossible to read. One man, however, nodded slowly and smiled at me. Had what I said struck a chord with him? There was no way to know for sure, but I got a feeling I’d connected with this juror and he’d be listening to the upcoming testimony with an open mind. I just prayed the others would be doing the same.
41
Sabotage
Stan Turner
Paula insisted that she and Bart could handle the Brown trial. I protested, but she reminded me that I not only had Charlotte Wenzel's murder case coming up for trial soon but Ben Stover's bankruptcy fraud case as well. My problem was that I was at a dead end on both cases. I didn't know what I should be doing next to prepare for either one of them. One thought did occur to me, though. I had joked that Paula should go check out the bank in the Cayman Islands to see if there was any evidence that Ralph Herman had been there to set up an account in the name of Stover Enterprises, Ltd. If we could prove that, Ben Stover would be off the hook.
Due to the bank secrecy laws there was no way I would be able to get information on the account on my own, so the thought occurred to me that I should bring Alice along with me as a representative of the company. It would be a good diversion for her anyway and make her feel like she was doing something to help free her husband. When I called her she jumped on the idea.
"Yes, when do we leave?"
"Tomorrow if you're game," I said. "Could you drive up and meet us at DFW Airport?"
"No. Problem, just let me know the time and the gate and I'll be there. I'm so glad you called. Surely we can find some evidence to prove Ralph set up that account."
"You'd think so. Keep your fingers crossed."
I thought about enlisting Mo's help, but then thought better of it. I'd bring Tehra with me in case I needed her to babysit Alice while I checked out any leads. Since the FBI had probably already paid a visit to the Royal Bank, I decided it would be prudent to tell Thomas Stokely, the assistant U.S. Attorney, my plans, so he could alert the local authorities that I was coming. I didn't want any trouble. I put a call in to him.
"I want to know immediately if you find anything," Stokely said. "I don't want any surprises on the day of trial."
"Don't worry. I'm hoping to find something good so you'll drop the case."
"Yeah, well I'm not holding my breath."
"We'll be leaving tomorrow and should be back by Monday. I'll call you either way as soon as we touch down."
"Good. I'll be expecting your call."
I was glad Stokely wasn't a jerk like many of the other prosecutors I'd been up against. He seemed genuinely sympathetic with my client's plight. Perhaps it was because he knew in his heart that Herman had set Ben up and was hoping we'd be able to prove it. But I'd known a few pr
osecutors who'd seemed nice on the surface, but were just looking for an opportunity to stick my client in the back. I had to assume Stokely was capable of that and be on my guard. There was too much a stake to do otherwise.
When I told Tehra we were taking a trip to the Caribbean, she was excited. "Good. I was hoping to do some sightseeing before I return to Tarizon. All I've ever seen on Earth is Texas and the Gulf Coast."
"Well, we'll fly to Miami and maybe spend the day sightseeing and then catch a morning flight to the Grand Caymans. It's only about an eighty minute flight."
"Do I have time to go buy some sports clothes?" Tehra asked.
"Sure. You have the rest of the day. Buy a swim suit. I want a demonstration of your aquatic skills."
She smiled. "I usually don't wear a swimsuit in the water."
My pulse quickened. "Well, that wouldn't bother me, but if the other people on the beach saw your gills and built-in swim fins, it might be too much for them."
She shook her head. "What do you want me to do? Wear a wetsuit?"
I laughed. “I guess you’re right. Anyway, we'll leave in the morning. If you don't find something you need today we can pick it up in Miami tomorrow."
"Great. This will fun!"
When I got home, I told Rebekah about the trip. She wasn't thrilled to hear I was going to