Dillworth looked at Judge Fisher then at Brooks. “No, I guess not.”
“I have no further questions,” Brooks said. He smiled at Burr, then sat at his table.
That doesn’t help reasonable doubt.
* * *
Judge Fisher adjourned them for lunch and the unhappy group reconvened at Stacy’s. Burr swirled a french fry in his ketchup.
“How can you possibly do that?” Jacob said.
“How else would I eat a french fry?” Burr said.
“I don’t care if you eat them with your toes. It’s the fact that you’re eating them. Those things will kill you.”
My guess is something else will kill me first.
He dipped another one in the ketchup. “It goes nicely with my cheeseburger.” At that moment, a dab of ketchup dripped off the fry and onto his tie.
“Damn it all.”
Eve, ever at the ready, dipped a napkin in her water and blotted Burr’s tie. “The wonder of Scotchgard,” she said.
Burr thought the remaining Sisters of Outrage both looked a bit horrified. Tommy was studying his Reuben. Finally, Karen said, “How do you think it’s going?”
Burr finished chewing his french fry. “Actually, I think it’s going quite well,” he said, lying. “I don’t think the jury will be able to get past reasonable doubt,” he said, continuing his lie.
* * *
Back in the courtroom, the bailiff called them to order.
Burr looked at his brand-new yellow pencil. There were people who would have been better off if Port Oneida Orchards had been sold to the Park Service. That didn’t mean they’d kill her, but it might at least put reasonable doubt in the jury’s mind.
At the moment the most likely suspect was Tommy, but Burr’s job was to turn a blind eye to his client’s misdeeds, however difficult that might be, and it had been getting increasingly difficult.
Judge Fisher entered the courtroom. She sat then looked at Burr. “Mr. Lafayette, you may call your next witness.”
Burr stood. “The defense calls Dale Sleeper.”
The beefy ranger sat stone still in the gallery, like a bear just out of hibernation.
“Mr. Sleeper,” Judge Fisher said, “you have been called as a witness.”
Sleeper muttered to himself. Growled, really, and lumbered to the witness stand. Burr walked up to him and smiled.
I know you don’t want to be here, which is exactly why I want you here.
“Mr. Sleeper, I remind you that you are still under oath.”
Sleeper growled.
“Mr. Sleeper, earlier you testified that you are in charge of confiscating the property of private citizens for your pretty little park. Is that right?”
Brooks leapt to his feet. “Objection, Your Honor. These were all lawful purposes provided for in the Fifth Amendment to the United States Constitution.”
He took the bait. “Your Honor, if a landowner doesn’t want to sell their property, and the government forces them to sell it, isn’t that confiscatory?”
“We pay a fair price,” Sleeper said, awake from his hibernation.
Judge Fisher looked like she wished she hadn’t come back from lunch. “Mr. Lafayette, I think confiscatory might be a bit harsh.”
“How about condemned?” Burr said.
Brooks, still on his feet, said, “Your Honor, this is old news. The vast majority of the affected landowners willingly sold their property to the Park Service, many of them because they wanted the treasure of Sleeping Bear protected.”
Please.
“Do you have a point to make, Mr. Lafayette?” Judge Fisher said.
Burr looked up at the judge. “I think I made it, Your Honor.” If he couldn’t quite convince the jury that Tommy hadn’t murdered Helen, he could at least paint the government as the root cause of the murder and muddy the waters once again.
Burr turned back to the angry bear. “Mr. Sleeper, you just said that many landowners willingly sold their property to you. Is that right?”
“Yes.”
“And some of them profited by selling to you?”
“Yes, indeed. They were very happy.” The bear looked like he’d just found a beehive full of honey.
“And were there other property owners on Port Oneida Trail who were willing sellers?”
“Yes.”
“But you didn’t purchase their land. Did you?”
“No.” The bear heard a buzzing bee.
“And why is that?”
“All of our plans depended on buying Helen Lockwood’s farm. It was the centerpiece of our design for the old dock and Pyramid Point. We wanted to show what it would have been like when the first white settlers started to really develop the area.”
“And that meant tearing out the orchard?”
Sleeper didn’t say anything.
Burr tapped his foot. “Answer the question, please.”
“Yes.”
Burr looked at the jury and shook his head.
Now for the meat in the sandwich.
“Mr. Sleeper, you just testified that there were willing sellers on Port Oneida Trail.”
“That’s right.”
“And did you have agreements with them?”
“Yes.”
“And would the property owners have profited from selling to you?”
“Oh, yes.” The taste of honey lit up Sleeper’s eyes.
“But…” Burr rocked back and forth, heel to toe. “But all these purchases depended on buying Mrs. Lockwood’s farm first.” Burr paused. “That is, if you didn’t buy her farm, you weren’t going to buy anyone else’s property on Port Oneida Trail. Is that right?”
“Yes.” The bear heard the buzzing of bees.
“So, it’s possible that one of the jilted sellers could have killed Helen Lockwood so her farm would be sold.”
“No.”
“I object, Your Honor,” Brooks said, on his feet. “Calls for speculation.”
“Sustained.” Judge Fisher looked down her nose at Burr. “Mr. Lafayette, you know better than that.”
“Yes, Your Honor,” Burr said, who did.
“So, Mr. Sleeper, did you have a purchase agreement with Joseph Maguire of Port Oneida Vineyards?”
Sleeper nodded.
“And the Larson family. The ones that own the store in Fishtown but also have property on Port Oneida Trail?”
Another nod.
“And a certain Andrew Pretty.”
“Yes.” The bear spoke.
Thank you, Jacob. Your research is without peer.
Burr looked over at Brooks, then back at Sleeper. “And what about Peter Brooks’ family? Our prosecutor.”
Brooks launched himself. “I object, Your Honor. This is totally irrelevant.”
Burr was sure there was steam coming out of Brooks’ ears. “Your Honor, I merely asked if these people had agreements with Mr. Sleeper. And they all did.”
“I’ll allow it,” the judge said.
“Mr. Sleeper, earlier I believe you said the formation of this … this park, was the crowning achievement in your career.”
“I might have said that.”
“So, you would have profited from the purchase of all this real estate. Career-wise.”
“I suppose.”
“But Helen Lockwood wouldn’t do what you wanted.”
“No.” Buzzing again.
Now for the kill.
“So you killed her.”
“No!” The bees swarmed around the bear.
“I object,” Brooks shouted. “There is absolutely no factual basis for that accusation. It is egregious.”
“Your Honor, I withdraw the question.”
“Mr. Lafayette. Approach the bench.” Judge Fisher wagged her finger
at him. “If you make one more comment like that, I am going to eject you. Is that clear?”
Burr nodded.
“And you know what that means.” She looked over Burr’s shoulder at Jacob. Burr looked back at Jacob, who also knew what that meant.
“I have no further questions, Your Honor.” Burr sat, pleased with himself.
Brooks walked up to Sleeper, who looked like he was licking his bee stings. “Mr. Sleeper, who spearheaded the establishment of the Sleeping Bear Dunes National Lakeshore?”
“Senator Phil Hart.”
“Our beloved Senator.”
Sleeper nodded.
“And Congress appropriated millions of dollars to create America’s newest national park to preserve the beauty of our shoreline forever.”
“That’s right.” Sleeper sat up a little straighter.
“And, everything that you did, you did to create the park, preserve our natural beauty. And you did it lawfully.”
“Yes, sir,” said Sleeper.
“And all of your actions were within the boundaries of the United States Constitution and the laws of the State of Michigan.”
“Yes, sir.”
Burr thought Sleeper might salute.
“You acted lawfully and you treated everyone fairly and you paid top dollar.”
“We did, indeed.”
Burr knew he could object to all of this, but he’d made his point and he didn’t want to give any credibility to Brooks.
Judge Fisher had clearly had enough of all of them for the day, especially Burr, and dismissed them early, which was fine with Burr. He had important business to attend to.
Burr walked down the courthouse steps. It was only three o’clock, but it was cold. The sky was clear, but the wind blew straight out of the north at about twenty-five. Burr’s tie flapped in the wind.
He watched Tommy walk to his car.
He told me why he went to the island. I don’t believe him, but with those puppy dog brown eyes and that floppy black hair, I’d like to believe him.
Burr climbed into his Jeep, turned the heat on full and pushed the lever to defrost while the engine warmed up. By Suttons Bay there was enough heat that he stopped shivering. At 4:30, he parked at the marina in Northport.
“Now, for the important business.” Burr rescued Zeke from the dock boy, who only had about half-a-dozen boats and an aging yellow Lab in his care. Boating season was over. It was damn cold, and it was finally too damn cold for Burr to stay on Spindrift any longer. He emptied out his icebox, packed his clothes, and locked up the boat. Zeke was worried until Burr lifted him off the boat and onto the dock. The dog ran ashore, found the closest tree, then sat by the passenger door of the Jeep.
Burr loaded his gear in the Jeep, Zeke first, then started back the way they’d come. They pulled up to the Park Place Hotel at dusk, Traverse City’s finest hotel and Northern Michigan’s tallest building. The desk clerk, after several bribes, agreed to let Zeke be a guest.
Art Deco, vintage 1930s, the Park Place had suites, which Burr couldn’t afford but Tommy could.
Burr checked them in and ordered room service. Half-an-hour later, he sipped on a Labatt he’d retrieved from his suitcase while the bottle of Zinfandel opened. He’d fed Zeke dog food with a cheeseburger ala mode. His ribeye, twice-baked potato, butternut squash and garden salad, was in the warmer. “Zeke, I’m going to have a glass of wine before dinner. Maybe two.” The dog wagged his tail. Burr poured himself the first. He swirled the wine and took a sip. Chewy with chocolate and raspberries. “Zeke, it is now Zinfandel season.” Zeke wagged his tail again. “Tomorrow, we press the attack.”
But it was not to be.
CHAPTER TWENTY-TWO
“The defense calls….” Before he could get Joe Maguire’s name out of his mouth, the ever-dapper Brooks cut in.
“Your Honor, the prosecution has just discovered new evidence that may well determine the outcome of this case.”
“I object, Your Honor,” Burr said. “The prosecutor has presented his case. It is now time for the defense.”
“Your Honor, the evidence is compelling and simply cannot wait.”
“Nonsense,” Burr said. “The defense is throttling Brooks, and he’s grandstanding to try and disrupt my case.”
Judge Fisher curled her finger at each of them. They walked up to the bench. She looked down her nose at them.
“You two have made this personal. Too personal. This is not about either of you. It’s not about your overinflated egos and your high opinion of yourselves. This is about the right of the State of Michigan to have justice and the right of Mr. Lockwood to have a spirited defense.” She looked at Burr. “Which he is getting. In spades.” She looked at the prosecutor. “Mr. Brooks, I am going to put you on a very short leash.” Brooks nodded.
“Your Honor…” Burr said.
“Be quiet, Mr. Lafayette.” Then to Brooks, “You may introduce your evidence and call one witness. I will then decide if anything further is warranted.”
“Yes, Your Honor,” Brooks said.
Burr turned to leave.
“Mr. Lafayette?” she said.
Burr raised his hand and started to walk back to his table.
“Mr. Lafayette, you will look at me when I am speaking to you.”
He turned around and looked at an angry Judge Fisher.
“Come here.” She pointed at the floor directly in front of her.
It was all he could do to stand where he was told.
The judge wagged her finger at him. “I have tolerated, even indulged, your drama and theatrics. I find you to be a most able lawyer. Just like you were at my father’s firm.” She lowered her voice. “But you are perhaps the most spoiled, self-absorbed man I have ever met.” She leaned over and whispered. “I thank my lucky stars we never married.” She sat back in her chair. “Do I make myself clear?” she said, not whispering.
Burr shifted from one foot to the other. “Not exactly, Your Honor.”
“You will treat this court, its officers, and particularly me, with respect. Or I will have you jailed for contempt. Do I make myself clear?”
“Yes, Your Honor.”
“Sit down and do your best to behave yourself.” She pointed to the defense table.
“Yes, Your Honor.” Burr sat.
I made it almost to the end without a judge hating me.
“Mr. Brooks,” Judge Fisher said, “you may call your witness.”
Brooks stood. “The State calls Consuela Rodriguez.”
She took her seat in the witness stand. The judge reminded Consuela she was still under oath. The housekeeper held her hands together on her lap.
If she was scared before, now she’s terrified.
“Just a few questions, Ms. Rodriguez.” Brooks smiled his ‘this is only going to hurt for a minute’ smile. Then he walked to the evidence table and picked up a small, clear plastic bag. He held it so Burr couldn’t see it. Burr feared the worst. And he was right.
At the witness stand, Brooks stood with his back to Burr but facing Consuela Rodriguez and the jury. He took whatever it was out of the bag and showed it to the terrified witness. “Do you know what this is?”
She nodded. Burr could see her gripping the rail of the witness stand for dear life, her knuckles turning white.
“And what is it?”
“Miss Helen’s diamond ring.”
Burr craned his neck but still couldn’t see the ring.
“Miss Helen’s diamond ring,” Brooks repeated. “Are you sure?”
Another nod.
Finally, Brooks turned to the gallery. There, in the palm of his hand, a diamond engagement ring with the attached wedding band. It was clear and brilliant and sparkled in the light.
That thing is the size of a cocktail olive.
; Burr had seen it on Helen’s ring finger, but it had never seemed this big before.
Brooks walked over to the jury, his palm still open. “This, ladies and gentlemen, is the diamond wedding ring of Mrs. Lockwood.” The jury oohed and aahed. They had never seen a diamond that big before. Burr wasn’t sure if he had either. Brooks waited for the oohs and aahs to die down. Then, “She was not wearing it when her body was found. You are about to learn where it was found, and where the defendant…” Brooks pointed at Tommy with his free hand, “…hid the ring.”
Burr leaned over to Tommy. “Why didn’t you tell me Helen’s ring was missing,” he said, whispering.
“I didn’t know it was,” Tommy said, stuttering. “I forgot about it.”
He’s lying again.
“Your Honor,” Brooks said, “the State introduces this ring as People’s Exhibit Three.”
“Mr. Lafayette.”
“May I examine the evidence?”
Judge Fisher nodded.
Burr walked up to Brooks and took proposed Exhibit Three from him. It certainly looked like Helen’s ring.
I could pay off my mortgage with this. Nothing will be gained if I make an issue out of this.
“I have no objection, Your Honor.”
“That was easy, wasn’t it?” Judge Fisher smiled at him. “Bailiff, please mark this ring as People’s Exhibit Three.”
Burr sat down next to Tommy. “Do you know anything about this?”
Tommy shook his head no.
Burr wasn’t so sure. “Damn it all.” He broke his newest pencil, then reached into his pencil box and broke two more.
Eve reached over the railing and tapped him on the shoulder. “Stop that.”
These things have a very short life expectancy.
“You may continue,” the judge said.
“Ms. Rodriguez, would you please tell us what you were doing when you found Mrs. Lockwood’s ring?” Brooks said.
“It was in the flour.”
“The flour?”
“Yes.”
“And what were you doing?”
“I was baking a pie.”
Brooks gritted his teeth. This clearly wasn’t going the way he had intended.
“Ms. Rodriguez let’s start over. I think you told me earlier that every Saturday you bake a pie.”
Bear Bones Page 22