Chapter 31
Jodie Marshall
When Brandon picked Jodie up on Thursday he looked distracted and had dark bags under his eyes as if he hadn’t slept. They drove out of the apartment complex and on to Jupiter Road. Jodie wondered what was going on.
“You look like hell,” she said.
Brandon shrugged. “I didn’t sleep so good last night.”
“Why?”
“Black is an asshole. He really pissed me off.”
“Well, that’s his job—to rattle witnesses and force them to make mistakes.”
“Did he succeed?”
“No. You told them exactly what Evelyn said to us. That’s all you can do.”
“Really. You don’t think I hurt your case at all?”
“No. We want the jury to think Hunt was the killer and your testimony was perfect. The jury knows now that Hunt had, not only motive, but opportunity as well.”
“I know but he tried to make it look like I was making up the story to make you happy.”
“I know, but you stood up to him. Don’t worry about it.”
“I felt like smacking the asshole on the side of the head.”
Jodie laughed. “Well, I’m glad you restrained yourself.”
“Yeah, well it wasn’t easy.”
When they got to the courthouse the usual crowd of reporters were waiting for them. When they saw them coming they came to life and cameras started flashing. Brandon led Jodie right through the middle of them without slowing down.
“Ms. Marshall. How do you think the trial is going so far?” a reporter asked.
“It’s going great. The State hasn’t come close to proving their case against Ricardo.”
“Is your client going to testify?” a second reporter asked.
Jodie shrugged. “Maybe. We don’t know for sure yet.”
“Do you think Christopher Hunt killed Evelyn Sanders?” the first reporter asked.
“I don’t know. You tell me.”
Brandon opened the door and Jodie walked through it leaving the reporters outside. They walked quickly to the elevators and luckily one opened just as they stepped up. Once the riders exited they got in and quickly pushed the button to their floor. Before the door closed a man stepped in. When he turned around Jodie turned white.
“Jodie. How are you?” Mike Sutherland said.
Brandon put his hand on his gun and stepped between them. “What do you think you’re doing?” he said. “You can’t talk to her.”
“It is a free country. Don’t I have a right to confront my accuser?”
“They have you on tape arranging for the theft, you asshole!”
Sutherland put up both hands and smiled. “Relax. I’m just coming to watch my favorite attorney work her magic.”
Jodie didn’t say anything, just glared at Sutherland’s eerie smile. The elevator stopped and the door opened. Sutherland backed off and let Brandon and Jodie leave the elevator. Brandon kept a wary eye on him until Jodie was in the courtroom.
“Stay the hell away from Jodie,” Brandon warned.
Sutherland shook his head. “It’s not me you have to worry about. I tried to warn her, but she didn’t listen. Then I tried to scare her away, but she still didn’t get the message. You can’t protect her from them? If they decide to kill her, you might as well start digging her grave.”
Brandon started to move toward Sutherland but he turned and quickly walked away. Brandon started to go after him but then stopped. His job was to stay close to Jodie he told himself. He turned and went back to the courtroom and went inside. He noticed Sutherland slither in a few moments later and take a seat in the gallery.
A few moments later Judge Anderson took the bench and told Rutledge to continue. He called Detective Roger Barnes of the Dallas Police Department.
“Detective. Did you have occasion to work a case involving a woman named Evelyn Sanders?”
“Objection,” Black said. “This line of questioning is irrelevant and highly prejudicial.”
“Your Honor,” Rutledge said. “Ms. Sanders was a witness in this case and if the court will allow me to continue it will become quite clear that this testimony is very relevant.”
“Objection overruled,” the judge said. “You may answer the question.”
“Yes. She was the victim of a homicide that I was assigned.”
“When were you first given that assignment?”
“On August 11, 1997 at about 3:30 p.m. I got the call to respond to the discovery of a dead body. The decedent was Evelyn Sanders. She was found dead behind her home. She apparently was going to her car when someone came from behind and hit her over the head with a tire iron.”
“Did you determine where the tire iron came from?”
“Yes. From the trunk of Christopher Hunt’s car.”
The courtroom erupted in conversation. The judge banged his gavel. “Silence.”
The courtroom stilled and Rutledge continued.
“Was the timing of her murder of any significance?”
“Yes. She had just met with Brandon Wilkes and defense counsel Jodie Marshall about the murders at Emilio’s Italian Restaurant.”
“That was the same meeting that Mr. Wilkes just testified to, is that correct?”
“Yes. That’s correct.”
“Thank you. Pass the witness,” Rutledge said.
“Ms. Waters. Your witness,” the judge said.
“No questions, Your Honor.”
“Very well. Mr. Black. Your witness.”
Black got up slowly and went to the lectern. “Detective. Other than the murder weapon being a tire iron taken out of Mr. Hunt’s trunk, you have no evidence that Mr. Hunt had anything to do with this murder.”
“Well his prints were on the tire iron.”
“And well they should be since it came out of his trunk.”
“Objection,” Rutledge said. “Argumentative.”
“Sustained,” the judge said. “Just ask questions, Mr. Black. You can argue your case during closing.”
“Yes, Your Honor. . . . Were there any fingerprints on the murder weapon other than Mr. Hunt’s?”
“Yes, but we have been unable to identify them.”
“Them? So, there were more than one?”
“Yes. There were three different prints on the tire iron.”
“So, the murderer could have been any one of those three or none of them if the killer wore gloves.”
“Yes. I suppose that is correct.”
“Thank you. Pass the witness.”
There were no more questions so the witness was excused and Rutledge called Sonia Bennett. Jodie watched Sonia walk quickly to the witness stand and take a seat. She wore a white sleeveless sheath dress that hugged her slim body. Her dark curly hair fell over her right shoulder as she sat rigidly, glaring at Rutledge.
“Ms. Bennett. What is your relationship to the defendant, Ricardo Rizzi?”
“He’s my boyfriend.”
“And how long have you two been together?”
“We don’t live together. I stay over sometimes.”
“Stay over?”
“Stay overnight at his apartment.”
“Okay. And how long have you been in this relationship?”
“Over a year.”
“So, you were in this relationship when the murders at Emilio’s restaurant occurred?”
“Yes,” Sonia replied.
“Were you there at the restaurant on the night of the murders?”
“No. I was at work.”
“Where do you work?”
“I’m a nurses’ aide at Parkland Hospital on the weekends.”
“So, how often do you stay overnight at Mr. Rizzi’s?”
“Mostly on the weekends, Friday and Saturday—sometimes Sunday. His apartment isn’t too far from the hospital.”
“Were you there when several Dallas police officers executed a search warrant?”
“Yes.”
Rutledge went over, picked
up the box of rat poison, and held it up. “Was this box of Vacor Rat Poison found during that search?”
“Yes.”
“Had you seen that box of rat poison before?”
“Sure. It was there on the workbench the first time I went into the garage. As far as I know, it’s always been there.”
“Do you know for a fact when it was purchased?”
“No. It’s just always been there.”
“Have you ever seen Ricardo use it?”
“No. I doubt he’s ever used it.”
“But you don’t know if he has or not?”
She nodded. “That’s true. There hasn’t been a rat problem since I’ve known Ricardo.”
Rutledge put down the rat poison and picked up the shoe box.
“This shoe box full of money was found under Ricardo’s bed, was it not?”
“So I’m told. I’d never seen it before.”
“But you saw the detectives remove it from the apartment?”
“Yes. That’s true.”
“How was Mr. Rizzi’s financial situation?”
“Not good.”
“How do you mean? Did he have enough money to pay all his bills?”
“No. He had to quit paying his credit card bills. There was only enough money to pay rent, utilities, gas and food.”
“So, how much did he owe in credit card bills?”
Sonia shrugged. “I don’t know. I never added them all up.”
“More than five thousand dollars?”
“Yes.”
“More than ten thousand dollars?”
“He ran them up on his sister’s medical bills.”
“Objection!” Rutledge said. “Non-responsive.”
“Sustained,” the judge ruled.
“Ms. Bennett. Just answer the questions I give you.”
“Okay. Sorry.”
“Were his unpaid bills more than ten thousand dollars?”
“Yes. They were about twenty-five thousand.”
“So, he must have been worried and upset about these bills.”
“Sure. He wanted to pay them.”
“Did he get a lot of collection letters and phone calls?”
She nodded. “Uh huh.”
“Did they threaten him?”
“Sure. All the time.”
“Did he worry about his financial problems?”
“Sure.”
“Did he lose sleep over it?”
“Sometimes.”
“So, he was desperate for money to pay his bills?”
“Not really desperate. It’s not like they could get blood out of a turnip.”
“Did he ever tell you what his plans were to pay these debts?”
“No. I don’t think he had a plan. He just couldn’t pay them.”
“Thank you, pass the witness.”
“Ms. Waters?” the judge said.
Paula stood and went to the lectern. “Ms. Bennett. You said Ricardo ran up his credit card balances by paying medical bills for his sister, right?”
“Yes. That’s right.”
“What’s wrong with his sister?”
“She has leukemia.”
There were whispers in the gallery. A woman in the jury put her hand to her mouth. Jodie wondered what she was thinking. She hoped it was sympathy.
“Now did Ricardo have any legal obligation to pay his sister’s bills?”
“No, but had he not paid them she wouldn’t have got the treatment that put her into remission.”
“So, now that she’s in remission why hasn’t he just filed bankruptcy?”
“That’s what I told him to do, but he says he promised to pay them and some day he would.”
“So, do you think he will?”
“Yes. Some day when he’s making more money. I told him I’d help him too.”
“Do you think Ricardo is an honorable man despite the debts he owes?”
“Yes. Of course. I wouldn’t be with him if he weren’t a good person.”
“In your opinion is Ricardo capable of cold-blooded murder?”
“Objection!” Rutledge said. “Her opinion is irrelevant.”
“Your Honor. If anybody knows Ricardo Rizzi it’s his girlfriend who has spent a lot of time with him. Surely her opinion on this issue is relevant.”
“Overruled. You may answer.”
“No. He could not commit murder. He’s a kind and generous person with a good heart.”
“Thank you. Pass the witness.”
“Mr. Black. Your witness.”
George Black stood up and started talking before he even reached the lectern. Jodie watched him warily.
“Ms. Bennett. Did your boyfriend like his job?”
“Yes. He loved working for Emilio. Emilio and his father were best friends. Emilio was like family to him and vice versa.”
“So he wouldn’t do something that would hurt Emilio’s business, let alone destroy it.”
“No. Never,” Sonia agreed.
“So, who paid you to put the shoe box under his bed?”
The gallery erupted in conversation. The judge banged his gavel.
“Objection!” Paula exclaimed. “Assumes facts not in evidence.”
The judge nodded. “Sustained. Mr. Black, you know better than that.”
“Sorry, Your Honor.”
“Ms. Bennett. Isn’t it true that you put the shoe box under Ricardo’s bed?”
“No. Absolutely not.”
“Did you see Ricardo put it there?’
“Objection! Your Honor. Asked and answered,” Paula spat. “The witness has already testified that she had never seen the shoe box prior to police discovering it.”
“Sustained. Pay attention, Mr. Black.”
“Yes, Your Honor. . . . Ms. Bennett. Do you know a man named John Templeton?”
“Yes. He’s a waiter at Emilio’s.”
“What kind of a relationship do you have with him?”
“None right now.”
“In the past was he your boyfriend?”
Jodie looked at Paula. This was the first she’d heard of this relationship and she was sure Paula knew nothing about it.
“We went out a few times. I wouldn’t call him my boyfriend.”
“Didn’t you see him several times after you and Ricardo hooked up?”
“Maybe.”
“Yes or no?”
“Yes,” Sonia admitted.
“Did Ricardo know about these dates?”
Sonia swallowed hard. “No. I didn’t tell him.”
“Have you ever been pregnant?” Black asked.
Jodie’s mouth dropped open. She looked at Paula again who shifted nervously in her seat. Jodie didn’t know where this was going but she didn’t like it.
“Yes. Once.”
“Did you have the baby?”
“No. I had an abortion.”
“Who was the father?”
Jodie held her breath. “John Templeton.”
The crowd erupted in conversation again and the judge banged the gavel.
“Did you tell Ricardo about this?”
“No.”
“Why not?”
“Because I was afraid of his reaction.”
“You were afraid he’d break up with you?”
“Yes.”
“Does John Templeton also work at Papa Benito’s Pizza?”
Sonia squirmed in her chair. “Part time, yes.”
“Didn’t Ben Benito, the owner of Papa Benito’s, used to be partners with Emilio Bellucci?”
“Yes.”
“And aren’t they competitors now?”
“Yes. I suppose so.”
“And they hate each other?”
Sonia shrugged. “I don’t know about that. I’ve heard it’s true.”
“Objection! Speculation,” Rutledge said.
“Sustained.”
“So, isn’t it true that John Templeton gave you the box of cash and told you to hide it under Ricardo’s b
ed?”
“No. That’s not true.”
“Didn’t he threaten to tell Ricardo about your cheating on him and your abortion if you didn’t do what he asked?”
“No!” Sonia replied vehemently. “That didn’t happen.”
“Isn’t it true that you filled a plastic bag full of Vacor Rat Poison from the box that you knew was in Ricardo’s garage and then delivered it to John Templeton so he could help Ben Benito use it to frame Christopher Hunt?”
“Objection!” Paula exclaimed. “Counsel is badgering the witness and testifying rather than asking questions.”
“Overruled. His questions are leading but this is an adverse witness so that’s allowed.”
“Pass the witness,” Black said and returned to his seat with a smug look on his face.
Jodie looked at Ricardo who looked like he’d just been hit by a jolt of lightning. Jodie leaned in close and whispered. “You knew nothing about the abortion?”
Ricardo shook his head. “Sorry,” Jodie said, seeing Ricardo’s pain in his expression.
Both Paula and Rutledge took Sonia on redirect and made her deny again and again that she did not hide the shoe box under Ricardo’s bed or collect any rat poison from the box in the garage. Jodie watched the jury to see their reaction to Sonia’s assurances that she wasn’t involved but it was hard to tell if they were buying it or not.
The judge looked at the clock which indicated it was 4:47. “It’s getting late. Let’s recess until tomorrow morning at 9:00 a.m.”
The judge got up and left the courtroom. As the gallery was emptying out Jodie looked at Paula. “Do you think Black is onto something?”
Paula frowned. “No. I think he’s just stirring up dust. If he gets the jury looking at Benito as the murderer, that takes his clients off the hook. He’s just hoping to create reasonable doubt, but I don’t think it will work.”
“Maybe we should take another look at Benito.”
“Well, let’s see where Black goes with it. He’s going to have to come up with a lot more evidence to convince anybody there is any truth to it.”
“I got a warning from Mike Sutherland earlier today,” Jodie said.
“What? He talked to you?”
“Yes. In the elevator. He said he was just trying to warn me and that Wilkinson was the one we should be worried about.”
“Well, we’ve got all the security we can afford.”
“What about the jury? Do you think he’d try to buy off one of the jurors?”
“I wouldn’t put it past him, but I don’t know what we could do to prevent it. We couldn’t go to the judge unless we had proof.”
“Right,” Jodie said wondering if Mike actually knew that Wilkinson was planning something or was this just more harassment for her rejection of his affections. After thinking about it a while she decided she couldn’t ignore the threat. Unfortunately, she had no clue what to do about it.