Second Chair, A Stan Turner Mystery, Vol.4

  Chapter 17

  The Deception

   

  I got up early Monday morning and went jogging. It had been raining and the air was cool. A dense fog hung along the saturated ground. It felt strange and lonely without Beauty at my side. I recalled how playful and energetic she was in the mornings. How she loved to jog with me and would sit by the door each morning waiting impatiently for me to start my run. When I left the office for home each night, I looked forward to opening the door and having Beauty jump all over me bubbling with excitement at my arrival.

  Glancing back, I smiled at my police escort following me in a squad car. It would have been more rational to stay in the safe confines of my home, but I was determined not to let Doomsayer alter my normal routine. Jogging cleared my mind and gave me energy which I would need for the grueling week of trial that lay ahead. Doomsayer had miscalculated, rather than being intimidated by his invidious deeds I was outraged and more determined than ever to defend Sarah with all the vigor I could muster.

  After breakfast, I went straight to Sherman. As I approached the courthouse with my police escort, I was amazed at the number of media vehicles lined up along Travis Street which led to the downtown square. It seemed interest in the case was swelling with each day of trial. I was glad the judge had not allowed the case to be televised as it was difficult enough performing before the judge and jury without having a national TV audience. As I got out of the car, I was barraged with questions from reporters.

  "Mr. Turner, have the police figured out who Doomsayer is yet?" a reporter asked.

  "No, I don't think so, but I've got a good idea who it is."

  "Who is it?" the reporter pressed.

  "I can't say yet. I can't comment on it since I can't prove it a hundred percent yet."

  "When do you think you will have the proof you need?"

  "I don't know, but as soon as I do I'll turn it over to the police."

  "Why did you abandon a temporary insanity defense?" another reporter asked.

  "Our client is innocent so a temporary insanity defense would not be appropriate."

  "Have there been any more threats on your life?"

  "No, I've got to get into the courthouse now, thank you."

  I pressed my way through the crowd and, with the help of several sheriff’s deputies on duty, managed to make it to the steps of the courthouse. There I met several lines of picketers from the Children of Despair.

  I made my way into the courthouse and was escorted through the back entrance up to the courtroom. Snake and Sarah were already seated at the counsel table. Miss Westcott and Hudson were talking with their next witness. I sat down just as the bailiff yelled, "Please rise!"

  The judge entered the courtroom and took the bench. He instructed the bailiff to bring the jury in, which he did, and the trial resumed.

  "Your Honor, the prosecution calls Greg Peterson."

  Greg was brought in and made his way to the witness stand. He was sworn-in and Hudson began his questioning.

  "Mr. Peterson, do you know the defendant, Sarah Winters?"

  "Yes, I do."

  "How do you know her?"

  "She's my girlfriend."

  "How long have you known her?"

  "Four or five months."

  "Do you two have any plans for the future?"

  "Yes, before all this happened we were seriously considering getting married."

  "What are your plans now?"

  "I don't know. Everything's so screwed up now, I'm not sure."

  "You weren't happy about the pregnancy?"

  "No, not really."

  "You didn't want to raise someone else's child, did you?"

  "No."

  "You told Sarah that, didn't you," Hudson asked.

  "Yes, we talked about it," Greg said.

  "She loves you, doesn't she?"

  "I think so."

  "She didn't want to lose you?"

  "No."

  "So she had to get rid of the baby?"

  "She had to deal with the problem, if that's what you mean."

  "How was she going to do that?"

  "I assumed she was going to give it away."

  "Have you ever seen any evidence of that or is that just speculation?"

  "It's just my guess."

  Hudson continued to question Greg for nearly an hour about his background, employment and relationship with Sarah and then he finally got to the night of December 3, 1981."

  "Did you see Sarah Winters on the night of the murder?"

  "No."

  "Did you talk to her?"

  "No."

  "Where were you on that night?"

  "At the UTD library."

  "What were you doing there?"

  "Studying."

  "Did you see anyone there you knew who might verify that you were there?"

  "I don't remember anyone."

  "Did you know Sarah was pregnant?"

  "Yes."

  "How did you feel about it?"

  "I wasn't thrilled since it wasn't my baby."

  "Did you tell her you were unhappy?"

  "I didn't have to. She knew."

  "Now you've talked to Sarah a lot before and after the murder, isn't that right?"

  "Yes."

  "What were her plans for the baby?"

  "She didn't share them with me."

  "I find that hard to believe," Hudson said. "You two were in love weren't you?"

  "Yes, but Sarah made it quite clear from the beginning that her pregnancy was her problem and she didn't want my help in dealing with it."

  "Is it safe to say she had no plans to keep the child?"

  "I made that assumption but she never said anything one way or another."

  "How did you feel about raising someone else's child?"

  "It's not something I'd enjoy doing. I want children, but I want my own."

  "Has Sarah said anything to you about what happened the night the baby was killed?"

  "Well, she didn't remember much at first, but she's gradually getting her memory back."

  "Has she ever told you that she killed her baby?"

  "No."

  "Has she ever told you that she might have killed her baby?"

  "Well, for a while she didn't remember exactly what happened so at one time she was worried that she might have done it."

  "So she admitted she might have done it. All right, do you have any evidence to the contrary?"

  "Excuse me?"

  "Other than Sarah claiming that she didn't kill her baby, do you have any knowledge, information or proof that she didn't do it?"

  "I don't know, I guess not, but I'm sure she didn't do it."

  "You testified you were planning to get married, right?"

  "Yes."

  "And you testified you were concerned about her being pregnant, right?"

  "Yes."

  "Did you express this concern to Sarah?"

  "Yes, she knew I was worried about it."

  "Why were you worried about it?"

  "Well, we weren't married yet, we were still in school and it wasn't a good time for her to have a baby."

  "Couldn't Sarah just get an abortion if she were pregnant?"

  "No, she'd never get an abortion. Her father wouldn't allow it."

  "Did she tell you that?"

  "He told me that."

  "Mr. Winters told you that?"

  "Absolutely, he warned me not to get her pregnant because no one in the Winters family would ever get an abortion. He said if she got pregnant I'd better be ready to settle down and be a father."

  "Were you worried about anything else?"

  "No, not that I can think of."

  "What about Richard Stein?"

  Greg sat back in his chair and replied, "What about him?"

  "Did Sarah tell you about him?"

  "Yes, she did."

  "Weren't you worried that she might be pregnant by him?"

  Greg stared at Hudson and did not reply
.

  "Mr. Peterson, I repeat, weren't you worried about Sarah being pregnant by Ricky Stein?"

  "Yes, of course I was, the bastard was a dope dealer, wasn't he?"

  "And Sarah knew you were worried about that didn't she?"

  "Objection, calls for speculation," I said.

  "Your Honor, if he knows, it's not speculation."

  "I'll allow it," Judge Brooks said. "You may answer."

  "Yes, I think she was worried about it too. She would never admit it, but I can't see how she could ignore that possibility."

  "Thank you, Mr. Peterson, pass the witness."

  "Mr. Turner, your witness," the judge said.

  "Thank you, Your Honor." I replied. "Mr. Peterson. How far is it to Sarah's apartment from the UTD Library?"

  "About 60 miles."

  "How long does it take you to drive there?"

  "A little less than an hour usually."

  "When did you leave the library?"

  "About 11:00 p.m."

  "When did you get the message from Sarah?"

  "Right after I got home."

  "But all we have is your word that you were in the library between seven and 11:00 p.m., isn't that right?"

  "I guess."

  "You had enough time to go visit Sarah, stay there an hour, and return, didn't you?"

  "Objection, argumentative," Hudson said.

  "Are you going anywhere with this Mr. Turner, or are we fishing?"

  I looked up at the judge, hesitated a moment and then replied, "Withdraw the question."

  "Do you love Sarah?"

  "Yes."

  "You wanted to marry her?"

  "Yes."

  "Are you still going to marry her?"

  "Objection! Irrelevant," Hudson exclaimed.

  "Sustained."

  "When did you find out that Sarah had been beaten by Ricky Stein?"

  "Just recently."

  "After the death of Sarah's baby?"

  "Yes."

  "How did you feel when you heard about it?"

  "Objection. Irrelevant," Hudson said.

  "Sustained," the judge ruled.

  "You said you suspected that Sarah was carrying Ricky Stein's baby, is that right?"

  "Yes."

  "Prior to the death of Baby Winters did you think about what you would do if it were true?"

  Greg paused a moment to reflect and then replied, "Yes, I decided that I would stay with Sarah anyway."

  I grimaced in disappointment. Then I asked, "Did you tell Sarah that?"

  "No. . . . No, I didn't. I meant to but the right moment never came up."

  "Thank you, Mr. Peterson, pass the witness."

  "Mr. Hudson, redirect?"

  "No, Your Honor."

  "Call your next witness then."

  "The State calls Ronald Wheatland."

  The bailiff went out into the hall and brought in a young, lean, blond headed man. He walked to the witness stand and was sworn in. I looked at my witness list and then conferred briefly with Snake.

  "Your Honor, I object, this witness is not on the witness list," I said.

  "I can explain Your Honor," Hudson replied. "We just found this witness this morning. We didn't have time to inform Mr. Turner."

  "Very well, proceed," the judge said.

  "Mr. Wheatland, where do you reside?"

  "Fourteen thirty-one Perimeter Trail #1134, Richardson, Texas."

  "And what do you do?"

  "I am a student at UTD."

  "And where were you on the night of December 3, 1981?"

  "At the UTD library."

  "Do you know a student named Greg Peterson?"

  "Yes, not socially, but I know who he is."

  "How is that?"

  "He's in one of my classes at school."

  "At UTD?"

  "Yes."

  "And how is it that you know him?"

  "He's pretty smart and the professor calls on him a lot."

  "I see. And did you see Mr. Peterson at the UTD Library on the night of December 3, 1981?"

  "Yes, I did."

  The gallery erupted in chatter and several reporters began hastily taking notes. I squirmed in my chair. Snake remained poker-faced. The Judge scowled at the crowd and banged his gavel to restore order.

  "When did you first see him?" Hudson continued.

  "He was there when I got there at 7:30 p.m."

  "And when did he leave?"

  "He was there when I left at 10:30."

  "Could you point Mr. Peterson out to us?"

  The witness pointed toward the back of the courtroom where Greg had taken a seat. "Yes, he's sitting in the back row. I saw him when I came in a minute ago."

  "Could you go point him out to us so there's no question in the jury's mind that he's the one you saw on the night of December 3, 1981?"

  Mr. Wheatland got up and walked slowly to the back of the courtroom. When he got close to Greg he pointed to him and said, "This is Greg Peterson, this is the man I saw in the library that night."

  The crowd stirred. I sank back in my chair. Sarah's eyes met Greg's and they smiled at each other.

  "Thank you, Mr. Wheatland, pass the witness."

  I conferred briefly with Snake then looked up and said, "Your Honor, we don't have any questions at this time, but since this witness was a surprise to us we would like the right to recall him later should we turn up any discrepancies in his story."

  "That seems only fair. The witness is excused, subject to recall," the judge ordered. "It's 10:30, let's take a fifteen minute break."

  When the trial resumed, Hudson called a noted psychiatrist who had examined Sarah and determined that she was very intelligent, quite sane and knew exactly what happened on the night of the murder. He denied she had post traumatic amnesia. I cross examined him for hours but he was adamant in his position and couldn't be shaken. Then Hudson called Alice who testified that she saw and heard nothing, but would have helped Sarah had she been asked. Then as the prosecution's last witness, Hudson called Richard Stein. The bailiff brought in the witness who was accompanied by his attorney.

  "Your Honor, my name is Rocky Valentino. I represent the witness, Richard Stein."

  "Very well, Mr. Valentino, you may sit in one of the chairs behind the defense counsel's table during examination."

  "Thank you, Your Honor."

  "You may proceed, Mr. Hudson."

  "Please state your name?"

  "Richard Stein."

  "And how are you employed?"

  "I'm a student at ASU."

  "Yes, do you know the defendant, Sarah Winters?"

  "Sure, absolutely."

  "How do you know her?"

  "She was my woman for a while."

  "When was that?"

  "About a year ago we started hanging out and then five or six months ago we split."

  "Did you live together?"

  "Not exactly, Sarah had her own pad, but like I say, she hung with me a lot."

  "Were you lovers?"

  "Yeah, we did a little humping, if you know what I mean."

  "When you and Sarah broke up was she pregnant?"

  "How would I know that? I assume she was using some protection."

  "Did she ever tell you she was pregnant?"

  "No. It came as a big news flash to me, if you know where I'm coming from."

  "Where were you on the night of December 3, 1981?"

  "In my pad."

  "All night?"

  Richard's attorney began to shake his head no.

  "Ah I think my lawyer is signaling that I need to take the fifth, if you know what I mean."

  "Are you taking the fifth?"

  "Yeah, I guess I better, that's what I got a lawyer for, right?"

  "Your Honor," Hudson said. "May we have a side bar with counsel for Mr. Stein?"

  "Yes, you may approach the bench."

  All the attorneys came up to the bench and began to discuss the invocation of the fifth amendment by the wit
ness.

  "Your Honor, Mr. Stein is not on trial here, he can't take the fifth amendment."

  "I beg to differ counselor," Mr. Valentino replied. "My client may not be on trial for murder but he is under investigation for narcotics trafficking and any testimony about his whereabouts on the night of the murder could be incriminating."

  "Your Honor, it would be very misleading for the jury to listen to Mr. Stein take the fifth amendment. They would invariably think he was involved in the murder," Hudson argued.

  "Then are you prepared to grant Mr. Stein immunity for anything he did on the night of December 3, 1981?" Judge Brooks asked.

  "We'll grant immunity as to any drug related offense, Your Honor, that might have occurred that evening."

  "Okay, then I will instruct the witness to answer the question."

  "Thank you, Your Honor," Hudson said.

  The attorneys returned to their chairs and the judge instructed Mr. Stein to answer the question."

  "Where is your ah . . . pad?" Hudson asked.

  "Not too far from Sarah's place."

  "And were you there the entire evening?"

  "No, I went out about eleven to take care of a little business."

  "How long were you gone?"

  "About forty-five minutes."

  "Was anybody back at your place who could corroborate your story?"

  He shrugged. "No, my old lady was gone that night."

  "What did you do all evening, other than take care of business?"

  "I watched a little TV, you know, listened to some music, just messed around, you know."

  "Did you see Sarah that night?" Hudson asked.

  "No."

  "Do you have any knowledge as to what happened to her baby that night?"

  "No, other than what I read in the papers, you know."

  "Thank you Mr. Stein, pass the witness," Hudson said.

  I got up and approached the witness.

  "Mr. Stein. Did you ever beat up Sarah Winters?"

  "Uh. Well, I wouldn't call it beating her up. She was a bitch sometimes so I had to put her in her place a time or two."

  "Isn't it true she left you because you beat her up?"

  "It wasn't like that, I was drunk, you know. I didn't know what I was doing. I can barely remember what happened."

  "You don't use birth control, do you?"

  Richard smiled and replied, "No. I want to feel everything man, if you know what I mean. I figured she would take the pill or something."

  "Isn't it true you were the father of Sarah's baby?"

  "How should I know?"

  "It's just a matter of mathematics isn't it? Isn't that what you told me?"

  "Yeah, I might have been the father, you know, but I didn't hang with Sarah every minute. She could have done it with someone else."

  "Do you know of her having sex with anyone else at this time?"

  "No."

  "Are you aware of a father's obligation to support his children?"

  "Hey man, you're not going to try to hang this thing on me are you?"

  "You had a motive to kill Sarah's child, didn't you."

  "I didn't kill anybody. I'm not into that stuff."

  "How much did you make last year, a hundred grand?"

  "I don't know, I don't keep records."

  "Let's see, that's $20 to $30,000 a year child support, right?"

  “Objection, the witness testified he didn’t keep records, “ Hudson said.

  “Withdrawn.” I said. “Didn’t you tell me once you made about a hundred grand last year?”

  “Well, I might have.”

  “Then, I repeat. Conceivably you might have to pay $20 to $30,000 a year in child support had the baby not died?”

  "I don't know anything about that, I never even thought of that until you brought it up."

  "It'd be very inconvenient to be a father, wouldn't it?"

  "Hey, she was supposed to give the kid up for adoption, I thought."

  "You thought?" I said.

  "Isn't that what you told me?"

  "No, I asked you if you had arranged an adoption for Sarah and you denied it."

  "Right, I didn't know she was pregnant."

  "Come on, Mr. Stein. Sarah's going to testify later on in the trial that she told you about the pregnancy and you suggested a very private adoption. You even hired an attorney to arrange it."

  "That's a lie," Stein said.

  "Is it?" I said. "Why would Sarah lie about something like that? What would be the point? Besides, Michelle Bowers will corroborate her testimony."

  "I don't care how many witnesses you drag up here, it ain't true."

  "Do you think anyone's going to believe a drug dealer, Mr. Stein?"

  "Objection! Counsel is badgering the witness," Hudson said.

  "Sustained, Mr. Turner, this witness is not on trial here."

  "Yes, Your Honor. Mr. Stein, have you ever been convicted of a crime?"

  "Objection! Irrelevant." Hudson said.

  "I concur," Valentino added.

  "Your Honor, it goes to credibility."

  "Overruled."

  "I did a few months for possession and burglary."

  "Were you involved in a criminal act on the night of the death of Baby Winters?"

  "I take the fifth."

  "Objection!" Valentino said.

  "Your Honor, he's been given immunity," I replied.

  "Answer the question," the judge ordered.

  "Well, I provided a customer with a little stuff, you know what I mean."

  "So you were engaged in illegal drug dealing, but not murder, is that your story?"

  "Yeah, you got it."

  "What other illegal activities are you involved in?"

  "Objection!" Hudson said.

  "Sustained," the Judge said.

  "No further questions at this time, Your Honor, but I would request this witness remain available for the duration of the trial."

  "Very well," the judge said, "Mr. Stein you are not released. Please advise the bailiff where you can be reached should further testimony be required."

  "Okay," Stein said.

  "Mr. Hudson, redirect?"

  "No, Your Honor, the state calls Willie Nichols."

  Stein got up and left the courtroom. I looked down at my witness list again and then conferred with Snake. "Your Honor, we don't have a Willie Nichols on the witness list."

  Hudson jumped up and replied, "Your Honor, we just found this witness in the last few hours and we didn't have time to tell the defense about him."

  "This is an outrage! I can't believe the State would pull a stunt like this twice in the same trial," I said. "This is unfair and I strongly object to this witness being allowed to testify."

  "Your Honor, we've been searching for this man for three weeks and we just found him."

  "Mr. Turner, I'm sorry, but if they just found him then I've got to let him testify. Unless, of course, you've got some evidence that they knew where he was before today."

  "But, Your Honor I just now—"

  "Do you have any such evidence?"

  I shrugged. "No."

  "Very well then, Mr. Hudson, you may proceed."

  "Mr. Nichols, are you acquainted with Richard Stein."

  "Yes, sir."

  "Did you see him on the night of December 3, 1981?"

  "That's right."

  "What time would that have been?"

  "Eleven o'clock."

  "Where were you?"

  "Up at the lake."

  "What lake?"

  "Lake Texoma."

  A commotion broke out in the gallery. The Judge picked up his gavel and pounded it several times to restore order.

  "Whereabouts on the lake?" Hudson asked.

  "Little Mineral," Nichols replied.

  "What's Little Mineral?"

  "It's a campground and boat dock."

  "Why were you there?"

  "We had a little business to transact with Ricky."

&nbs
p; "Ricky being, Richard Stein."

  "Yes."

  "What time did Mr. Stein leave?"

  "About 11:20 as I recall."

  "Have you ever been to Ricky's apartment?"

  "Sure."

  "How long does it take to get to Little Mineral from his apartment?"

  "Forty minutes or so."

  "So he would have had to leave at 10:20 to get there by eleven and couldn't have gotten back before midnight, is that right?"

  "I suppose so."

  "Did you notice anything unusual about Mr. Stein that night?" Hudson asked.

  "No, not really."

  "Was he nervous or preoccupied?"

  "No, he was just his normal self, joking and kidding around as usual."

  "Did you transact your business?"

  "Hey, we did what we came to do."

  "Thank you, no further questions," Hudson concluded.

  "Mr. Turner, your witness," the Judge said.

  "How long have you known Richard Stein?" I asked.

  "A couple years," Nichols replied.

  "Did you know Sarah Winters?"

  "Sure, she used to hang around with Ricky."

  "Did you see her the night of December 3, 1981?"

  "No."

  "Do you know anything about the murder of her child?"

  "No."

  "Richard never talked to you about Sarah's baby?"

  "No, he never mentioned it."

  "Has Richard ever got a woman pregnant before?" I asked.

  "Objection! Irrelevant," Hudson said.

  "Your Honor, we've had no opportunity to question this witness. We request a little latitude here."

  "All right, overruled, I'll allow you a little leeway."

  "Thank you, Your Honor. . . . Mr. Nichols, you may answer the question. Has Richard ever got a woman pregnant before to your knowledge?"

  "Yes."

  "How many girls has he got pregnant to your knowledge?"

  "A few."

  "A few. Is that more than three?"

  Nichols shook his head. "Probably half a dozen or so."

  "Objection, Your Honor. Irrelevant," Hudson said.

  "Overruled," the Judge said.

  "Really? How do you know this?"

  "Richard liked to brag about it."

  "What happened to the babies?" I asked.

  "I don't know."

  "He didn't tell you how he got rid of the babies?"

  "Objection!" Hudson said.

  "Sustained."

  "Did you know any of these girls?" I asked.

  "No, they were just ASU girls that Richard picked up."

  "So you don't know how all these pregnancies were resolved?"

  "Huh?"

  "You don't know whether these girls had abortions, put the baby up for adoption or what?"

  "No, except for a girl named Paula Walsh."

  "What do you know about Paula Walsh?"

  "Her baby was adopted," Nichols said.

  "How do you know that?"

  "’Cause she told me."

  "When did she tell you?" I asked.

  "Richard brought her along one night when he was making a delivery. I got to talking to Paula and she told me she had just had a baby. I asked her what she done with it and she said Richard had arranged an adoption."

  "Did she mention an attorney's name or an adoption agency?"

  "No, that's all I know," Nichols said.

  "Thank you, Mr. Nichols. No further questions."

  "Any redirect, Mr. Hudson?" the judge asked.

  "No, Your Honor. The prosecution rests."

  "Very well, we'll reconvene tomorrow morning at ten a.m."

  The judge left the courtroom and immediately the TV camera's came alive to record commentary on the day's testimony. Several correspondents requested an interview, but I declined, being too depressed to face the media. All I wanted to do was get the hell out of the courtroom. Tom came and got Sarah and they both were taken by their police escort out of the building. Snake was stunned. He just sat in his chair and shook his head.

  Both Hudson and Margie Westcott quickly found a camera and a microphone and began proclaiming victory. We delayed our departure to listen to them be interviewed.

  "Mr. Hudson, you've got to be pleased with how the testimony went today," a reporter commented.

  "Yes, we are very pleased. We knew we had a strong case and I think our presentation went very well. I feel certain we'll get a conviction."

  "Were you surprised that Mr. Turner didn't plead his client innocent by reason of insanity?" another reporter asked.

  "Not really, Sarah Winters is a very intelligent girl. She's not insane nor has she ever been insane, temporary or otherwise. She knew what she was doing on the night of the murder and she must pay for it."

  "Do you think the defense will let Sarah testify tomorrow?" another reporter asked.

  "I think they almost have to, it's their only hope," Hudson replied.

  "What about this last witness? Do you think the fact that Mr. Stein may have got other girls pregnant will have any impact on the case?"

  "No, it's totally irrelevant to this case," Hudson said. "Even if Sarah Winters had contemplated an adoption it makes no difference. She still murdered her baby and she must pay for her crime.”