“were all of your previous answers to my questions truthful?”
His reply is terse. “I take the Fifth.”
“Have you been lying about your medical condition?”
“I take the Fifth.”
“Did you kill members of the high school all-American team that you were chosen to be on?”
“No.”
I let Bobby go and call Pete Stanton. He testifies about Adam’s murder, including the fact that Adam’s computer showed that he had been investigating the high school all-American team. He also confirms that the phone bill from the phone Adam used in my office shows two calls to Bobby Pollard the day he was murdered.
“And where was Kenny Schilling on that day, the day Adam Strickland was murdered?” I ask.
“In County Jail,” Pete says.
Dylan’s cross-examination is quick, as if he doesn’t want to concede Pete has had anything important to say. “Lieutenant Stanton, have you arrested Bobby Pollard for the murder of Adam Strickland?”
“No.”
“Have you decided to?”
“Not at this moment.”
Dylan nods; his point is made. “But you did arrest someone for this murder?”
“Cesar Quintana, but he was released for lack of evidence.”
“And you believed that he was the killer and that the murder was a case of mistaken identity? Is that not true?”
“I believed it then, but I’ve learned a lot since then.”
“But again, you haven’t learned quite enough to make another arrest?”
“It won’t be long now,” Pete says.
Dylan smiles. “I can hardly wait.”
Pete leaves the stand, and I call Dr. Stanley Robbins, my last witness of the day. He testifies as to the properties of potassium and its ability to cause fatal heart attacks while being very difficult to discover.
Dylan’s cross-examination is brief, and a very eventful court day is over. As I’m leaving, Laurie arrives, looking somewhat shaken from her experience at the TV studio with Teri Pollard.
“It was horrible,” Laurie says. “Before she knew what we were doing, she was confiding in me, talking about how difficult their life has been since Bobby’s injury. Then, when she realized what was going on today, and that Bobby was faking that injury… I don’t think she had any idea, Andy.”
Laurie is feeling guilty about having deceived her, and I am as well, but I don’t know how it could have been helped.
I do know one thing… I’m glad I’m not there to hear the conversation in the Pollard house tonight.
* * * * *
TONIGHT’S MEETING is to make the most important decision a defense attorney has to make in every trial: whether or not to let the defendant testify in his own defense. Usually, that important decision is a no-brainer, and my clients would have to walk over my dead body to reach the witness stand. Of course, most of them would prefer it that way.
This case is different, mainly because Kenny is the only person who can testify to a crucial fact: the subject of the “team meeting” the high school kids held in that restaurant those many years ago. Only three people are left alive who were there and know about the pact to share their NFL riches with each other. One is Kenny, one is Pollard, and the other is Devan Bryant, who is currently serving in the United States Army, stationed fifty miles outside of Kabul, Afghanistan. Bryant is unavailable to us, and Pollard seems likely not to aid in his own demise, so that leaves only Kenny.
Kenny wants to testify, which is typical of most defendants. In his view he will tell his story, and everyone will then believe him, and he can go home. This fantasy is greater in celebrities than mere mortals; they are used to their fans hanging on their every word. The problem is, Dylan is not a fan.
Laurie and Kevin are divided on the issue. Laurie thinks that Kenny should testify, that without the story of that pact the players took, there is not a strong enough basis for anyone to accept the serial killing connection. She doesn’t think the statistical-probability evidence, while unequivocal, got through to the jury.
Kevin, with proper lawyer’s caution, is opposed to Kenny testifying. He has seen too many people, many innocent, self-destruct under a wilting cross-examination. Dylan is good. Kevin knows it and doesn’t want to take the chance.
This is a decision I always make myself, with equal amounts logic and gut instinct. Both are telling me that Kenny should not go near that stand, that the benefits of the “pact” story and Kenny’s appealing demeanor will be outweighed by the negative of cross-examination. I don’t want to give Dylan a chance to take Kenny through the facts of this case, most of which are incriminating. And I sure don’t want Kenny up there talking about how he held off the police at gunpoint while Troy Preston’s body was stuffed in his bedroom closet.
Kevin leaves, and I start thinking about my closing statement. Like my opening statement, I don’t write it out, rarely even take notes, because I want it to be as spontaneous as possible. But there are points I want to be sure I cover, so I start mentally ticking them off.
Laurie comes into the den and asks if I want something to eat. I don’t, and I’m about to tell her so when the phone rings. She picks it up. “Hello.”
She listens for a few seconds and then says a tentative “Hi.” Since the initial “Hello” should have covered the greeting part of her conversation, and since I can hear a tension in her voice, I immediately know that this is a charged phone call.
The rest of the call is peppered with clever Laurie-phrases like “I see,” “I will,” and “Of course.” Laurie sneaks glances over at me to see if I’m paying attention to her, so I try to pretend that I’m not, though of course she knows I am.
She throws in a final “I will,” and then hangs up. She looks over at me, and I say, “Wrong number?”
She smiles slightly, as if caught, and says, “That was Sandy. They’re pressuring him to pressure me for an answer.”
“You said ‘I will’ twice. Was that as in ‘I will move back to Findlay,’ or as in ‘I will never leave the love of my life, Andy Carpenter’?” I’m trying to make my tone sound flip, which is tough considering I’m so nervous I can’t unclench my teeth.
“It was as in ‘I will have an answer by next week,’” she says.
“You don’t know what you’re going to do yet?” I ask.
“Andy, you will know the moment I do.” She comes over and sits next to me, putting her hand on my knee. “And I’m sorry to put you through this… it’s just very hard for me. I’m finding this so terribly difficult.”
“Join the club,” I say.
Laurie leaves me to work on my closing statement, not the easiest thing to do under these circumstances. Tara lays her head on my knee, in the same place where Laurie’s hand had just been. “You’re going to stay with me, right?” I say to her. “I’m prepared to guarantee you biscuits for life if you do.”
She snuggles against me. Just what I like, a woman who can be bought.
* * * * *
THE MOMENT COURT is called to order, I announce that we are resting our case. Harrison asks Dylan if he would like to adjourn until after lunch to prepare his closing argument, but Dylan’s preference is not to wait. He clearly had correctly predicted I would not let Kenny take the stand, and is fully prepared.
“Ladies and gentlemen,” Dylan begins, “when I stood before you at the start of this trial, I told you that Mr. Carpenter would invent theories and attempt to confuse you with irrelevancies. I told you that you should keep your eyes on the evidence and not let his sleight of hand fool you. But I’ve got to be honest, I had no idea how far he would go with it.
“Think about it. None of it had anything to do with the facts. Those facts haven’t changed, haven’t even been challenged. Kenny Schilling was seen leaving the bar with Troy Preston shortly before he was killed. Mr. Preston’s
