Chapter 46
Running Out of Time
The door to the Judge's chamber opened, and the bailiff stood up and asked everyone to rise. Harper quickly left the courtroom. The Judge sat down and peered at Whitehead, “Do you want to cross examine Marilyn Hamlin?”
Whitehead nodded.
“Bailiff. Would you bring Mrs. Hamlin in please?”
Marilyn Hamlin went back to the witness box and took a seat. Whitehead took a step toward her and began. “Did you talk to your ex-husband during the one-week period before the robbery?”
Mrs. Hamlin thought for a moment. “Yes, I’m sure I did but everything is fuzzy back then.”
“Did you talk to your husband after he went to work on the day of his death?”
“Yes. I remember that day very well. He called to say he was going to be late picking up our daughter, Melody. It was his weekend to have her.”
“What time was that?”
“Mid-afternoon, 2 or 2:30.”
“What was his mood?”
“Angry . . . depressed . . . worried.”
“Did he elaborate at all on what was going on?”
“He thought the bank examiners were being unreasonable and trying to find a reason to get him fired.”
“Did he have a strategy for dealing with them?”
“He may have, but he didn’t share it with me.”
“What do you mean?”
“Well, when I asked him about the bank examiners his usual response was for me not to worry about it. He’d deal with them.”
“So, he wasn’t very communicative.”
“No.”
“Did your ex-husband say anything or do anything that would lead you to believe he was planning to rob Bank USA, either alone or with Sam Stewart or Harold Clifford.”
“No. Absolutely not.”
“Did you hear or see anything that might shed some light on who was involved in the robbery of Bank USA and the death of your husband?”
“Well, only one thing?”
“What was that?” Whitehead asked.
“When Mr. Fuller found the vault open the first time and my husband was called to go close it—”
“Yes,” Whitehead said.
“Well, my husband said when he told Fred that there was over six million dollars in the vault and he could have walked right in and taken it, his eyes got as wide as the Mississippi.”
“Objection! Your Honor,” Joel exclaimed. “Hearsay and pure speculation.”
“Withdrawn,” Whitehead said with a smirk. “No further questions.”
“Mr. Roberts. Any further witnesses?”
"Your Honor," Joel replied, "I move for a continuance due to the recent location of an important witness."
"And who might that be?" the Judge asked in an irritated tone.
"Sam Stewart, Your Honor. If you will recall, Mr. Stewart was a messenger that met the defendant at the San Bernardino branch every day. He quit his job and disappeared two days after the robbery. He could well exonerate my client."
"Is he in custody?"
"No, sir. Two of Mr. Fuller's friends are in Toronto, and they are pretty sure he is staying with his sister there."
"Pretty sure? You mean they don't know for sure."
"Well, they haven't actually seen him yet, but they are pretty sure he's there."
"Pretty sure isn't good enough to stop a murder trial, Mr. Roberts. When you find out he is actually there in Toronto, I'll consider your motion, but as for right now, let's get on with the trial. Call your next witness."
“None other than Sam Stewart, Your Honor.”
The judge looked at his watch and said, “Due to the late hour we will recess until tomorrow morning at 9:00 a.m. at which time we will hear closing arguments, unless by some miracle Sam Stewart is here to testify.”
Roberts smiled. “Thank you, your honor.”
The judge left the bench and Roberts turned to Fred. “Well, now it’s up to Steve and Randy. You better hope they find Sam.”
Fred nodded. “God. I hope they do. . . . How do you think it looks right now?”
Roberts shrugged. “Honestly, not so good.”
Fred slumped in his chair, closed his eyes and prayed for a miracle.