Uncommon Thief

by William Manchee

  Chapter 35

  The Trial

  When the trial finally began, it took three days to pick a jury. It seemed all of the pre-trial publicity had made it difficult to find jurors who hadn't been influenced by what they had been seeing and hearing in the media. On the fourth day, testimony was set to begin.

  As the bailiff escorted Fred into the courtroom, he noticed Maria in the front row. He smiled, gazed at her, and wondered if he would ever walk down the aisle with her as she had so confidently predicted. Maria's parents were sitting next to her, and Fred’s parents were in the row behind them. Fred sat at the counsel table and waited for the trial to begin. After a few moments, the bailiff commanded everyone to rise and announced, "The United States District Court for the Southern District of California is now in session, the Honorable Troy Sessions presiding."

  Judge Sessions was an unpredictable commodity, according to Roberts. He was very loud and boisterous and frequently lost his temper. His tolerance level for courtroom improprieties was low, and he was not reluctant to throw an attorney or two in jail if they crossed him. Most of the defense bar hated him. Whitehead, on the other hand, loved Judge Sessions, as they were good friends, and it was well known that Judge Sessions loved to put criminals behind bars.

  The first witness was the coroner, Dr. Paul Harlen. Whitehead began, "Dr. Harlen, please state your name."

  "Dr. Paul Q. Harlen."

  "Now, Dr. Harlen, did you have occasion to be called to the San Bernardino Branch of Bank USA on October 20, 1967?"

  "Yes, I did."

  "And what was the purpose of that summons?"

  "I was called to pick up the body of Harvey Hamlin, who had been found dead in the bank vault."

  "What was his condition when you first saw him?"

  "He was lying on the floor of the vault, bound and gagged with packing tape."

  Whitehead walked over to the prosecution’s table and picked up a paper bag. He reached inside and pulled out several strips of clear packing tape. "I am going to show you what has been marked as People's Exhibit 1 and ask you to identify it."

  "Yes, this is the packing tape that was found around Mr. Hamlin's arms, ankles, and over his mouth."

  "Your Honor, I request that Peoples Exhibit 1 be admitted into evidence."

  "No objection," Joel said.

  "Did Mr. Hamlin's body have any wounds or bruises?"

  "No, sir."

  "Did you perform an autopsy?"

  "Yes, we did."

  "What was the result of that autopsy?"

  "We determined that he died of a massive coronary. We conjecture it was trauma induced."

  "Objection, Your Honor—speculation."

  "Objection sustained. Dr. Harlen, please just answer the question that was asked," the Judge said.

  "In your opinion, Doctor, what caused this massive coronary?"

  "Mr. Hamlin had a history of heart disease, and any kind of intense emotional or physical stress could have triggered the attack."

  "If Mr. Hamlin had been confronted by a bank robber and his life threatened during the robbery, could that have been what caused his heart attack?"

  "Absolutely."

  “Or, perhaps being bound and gagged and left in the vault for almost three days without food or water—could that have caused it?”

  “That’s consistent with his medical history. He might have been okay when they bound and gagged him, but he may have panicked later and had the attack while he was struggling to get free.”

  Whitehead continued to question Dr. Harlen meticulously for several hours before he turned him over to Joel. "Pass the witness," Whitehead finally said.

  The Judge looked at Joel and stated, "Your witness, Mr. Roberts."

  "Dr. Harlen, you previously testified that you determined the time of death to be when?”

  "Between 5:00 and 11:00 p.m."

  "You've indicated that the heart attack could have been trauma induced. Now, could that trauma have been something other than a bank robbery?"

  "Yes, that's possible."

  "Could it have been induced by an unpleasant phone conversation with a spouse?"

  "It's possible, but I don't think just a phone call would do it."

  "But it is possible?"

  "Yes."

  "How about a confrontation with a bank auditor?"

  "I don’t know. If it was an intense encounter, perhaps, but I'm just speculating. There is no way to know exactly what might have caused it."

  "Suppose the evidence were to show Mr. Hamlin had instigated the bank robbery and his accomplice double-crossed him. Do you think that would be intense enough?"

  "Certainly, but again, that would be pure speculation," he replied.

  "Precisely. Your entire testimony about the cause of Mr. Hamlin’s heart attack is purely speculation, isn’t it?”

  “Objection!” Whitehead spat. “Argumentative.”

  The coroner looked up at the Judge expectantly. “Overruled,” the Judge said.

  The doctor looked at Roberts. “No. My opinion is that he died of a heart attack that was trauma induced. Since he was found in the vault bound and gagged, it’s pretty obvious what happened.”

  “Obvious to you, maybe, but you weren’t there, were you?”

  “No.”

  "So you really don't know what exactly caused Mr. Hamlin's coronary, do you?"

  "No. I can only give you my opinion from what I observed."

  "And you don't know what time it happened precisely, do you?"

  "Not precisely, but I think our estimate is pretty close."

  "Thank you, Doctor," Joel concluded. "Pass the witness."

  "No further questions, Your Honor," Whitehead said.

  "Call your next witness," the Judge said.

  "Yes, sir. The United States calls Cindy Brolin," Whitehead said.

  Cindy Brolin was a thin woman of medium height. She wore her jet black hair tied up in a bun. Fred thought she must have been of Spanish or Portuguese descent. She stood up and made her way to the witness stand.

  "Who is your employer?"

  "Bank USA."

  "At which branch do you work?"

  "San Bernardino."

  "What is your job there?"

  "I am the assistant cashier."

  "And who was the cashier at the bank on October 20, 1967?"

  "Harvey Hamlin."

  "Do you recall the events of October 20, 1967?"

  "Yes. How could I forget them?"

  "Did anything unusual happen that day?"

  "Mr. Hamlin had Mr. Campbell, one of the bank auditors, in his office all day, and they had some words before Mr. Campbell left. Hamlin was pretty upset."

  "What time of day was this?"

  "It was nearly 5:00 p.m. when the bank auditor left. I had prepared the vault to be closed, but Mr. Hamlin had to put in his security codes before I could close it. When I went to him to tell him I was ready to close the vault, he couldn't be bothered with it just then. He told me he would do it later and insisted I leave."

  "Did you see the defendant, Fred Fuller, at any time that day?"

  "No, sir. He usually comes in later after everyone is gone."

  "Did you see anything else out of the ordinary that day?"

  "Well, when I went in to work on Monday morning, there was a towel on the floor near the vault."

  Whitehead walked to the prosecution's table and picked up a paper bag. He stuck his hand inside and pulled out a towel. "Mrs. Brolin, I'm going to hand to you what has been marked as People's Exhibit 12 and ask if you can identify it."

  "Yes, that's the towel."

  "And you found it on the floor in front of the vault?"

  "Yes."

  "Your Honor, I would request that People's Exhibit 12 be admitted."

  "No objection," Joel said.

  "Admitted," the Judge said.

  "This was before you knew Harvey Hamlin was lying dead inside the vault, is that correct?"

>   "Yes."

  "Do you have any idea where the towel came from?"

  "Yes, from the kitchen. Someone must have taken it from the kitchen and dropped it by the vault."

  "Do you have any idea who might have done that?"

  "No, sir."

  "Do you suppose the robber used it to clean his fingerprints off the vault?"

  "Objection! Calls for speculation," Joel said.

  "Sustained," the Judge replied.

  "Thank you, Mrs. Brolin. Pass the witness."

  Joel jumped up and began questioning Mrs. Brolin eagerly. "Now, Mrs. Brolin, you testified that Mr. Hamlin was very upset that afternoon, didn't you?"

  "Yes, he was."

  "You said he had been in with the auditor, Mr. Campbell, all day and they had some words, right?"

  "That's right. I was very worried about him. I knew he had a heart condition and drinking problem, and—"

  "Objection, Your Honor! Non-responsive."

  "Objection sustained," the Judge replied.

  "Isn't it true this was the fifth day the bank examiner had been at the bank?"

  "Yes."

  "And isn't it true Mr. Hamlin was already on suspension for leaving the vault open and drinking on the job?"

  "For leaving the vault open, yes. I am not sure about whether his drinking problem had anything to do with his suspension."

  "Had Mr. Hamlin been drinking the night of the robbery?"

  "Yes. After Mr. Campbell left, I saw him take a few gulps from a metal flask he keeps in his desk."

  "Do you think he was upset enough to consider robbing the bank?"

  “Objection!” Whitehead said. “Prejudicial, lacks foundation.”

  “Sustained,” the Judge ruled.

  “Well, do you think having the bank examiner there could have contributed to his heart attack?”

  "Well, that plus the fact he was worried about getting fired."

  "Objection, Your Honor! Mrs. Hamlin is not a doctor; therefore, any answer would be pure speculation."

  The crowd began to stir.

  "Order! Objection sustained."

  "No further questions," Joel concluded. “Pass the witness.”

  "No further questions," Whitehead echoed.

  "Call your next witness," Judge Sessions said.

  Whitehead called Dr. Dennis Winston from Barstow Memorial Hospital. His testimony was essentially the same as at the bond hearing. Several police officers and detectives were called to testify about the crime scene, but late in the day when the Judge asked for Whitehead’s next witness, Fred was shocked at who he called.

  "The United States calls Jenny Madeira."

  Joel looked over at Fred and whispered, "Who is that?"

  "It's Candy's best friend," Fred whispered back.

  "Objection, Your Honor! This witness was not on the witness list," Joel said.

  "Your Honor," Whitehead quickly jumped in, "we only just located Miss Madeira a few hours ago, so we were unable to put her on the list."

  "Very well. It's getting late, so we'll recess until ten on Monday morning. That should give you some time to prepare to cross-examine this witness, Mr. Roberts."

  "Very well, Your Honor," Joel replied.

  The courtroom cleared except for Joel, Fred, a couple of bailiffs, and Steve and Randy, who were hanging around in the visitors’ gallery. Joel turned to Fred and said, "Why didn't you tell me about Jenny Madeira?"

  Fred slumped back in his chair and stared down at the floor. "I don't know. I didn't think it was important."

  "I'll decide what's important! If you will recall, I'm the attorney! I don't like getting ambushed in court. Now, what can I expect to hear from Ms. Madeira on Monday?"

  "She's a friend of Candy’s. I never even met her until after Candy died. She and I handled Candy's funeral together."

  Fred’s head started to throb, and his shoulder muscles tightened. He rubbed the back of his neck in a desperate attempt to relieve the pain and tension. Then he noticed the bailiff standing anxiously by the side door to take him back to the county jail.

  "Why do you think Whitehead called her as a witness?"

  "I don't know. I guess because Candy probably told her all about our relationship."

  Joel stood up and began packing up his briefcase. "You may want to tell Maria to stay home Monday. It's not going to be too pleasant for her. Obviously, Whitehead's going to use Jenny to drag you through the mud."

  "Maria is not stupid. If I told her to stay home, that would guarantee she'd be at the trial."

  Joel looked up and smiled faintly. "Maybe it's a good thing you'll be spending the night at the county jail Monday."

  Fred grimaced. His fling with Candy had been the subject of considerable media speculation, but nobody had discovered any hard facts. Fred and Candy had managed to keep it to themselves, for the most part, but on Monday, the entire affair would be revealed. It was going to be the most humiliating day of Fred’s life. Maria, his family, and his closest friends were going to have to hear all the lurid details of his relationship with Candy. Why did I get involved with Candy? It was such a stupid thing to do. If I’d have been stronger, she’d be alive today, and I wouldn’t be facing such humiliation. “Damn it!”

  Roberts looked up. “What did you say?” he asked.

  “Ah, nothing,” Fred replied. “Nothing important.”

  As the courtroom was emptying, Steve and Randy came up to the railing to talk to Fred. Joel looked at them and then turned to Fred. "You can talk with Steve and Randy for a minute. I'll be right back."

  Joel went and asked the bailiff to give them a minute and then went to catch Whitehead.

  "What do you think Jenny's gonna say?" Steve asked.

  "I don't think she could know much because I didn't tell Candy anything about the money until after we left to go to Devil's Canyon." Suddenly, a cold chill came over him as he remembered Candy making a phone call. “Except. . . . oh God!”

  "Except what?” Steve asked.

  "She called Jenny from Palm Springs to ask her to feed her damn cat. She could have told Jenny something then, although it couldn’t have been much because it was a very short conversation."

  "Do you think Jenny knows you had a bag of money with you?” Randy asked.

  "I don't think so," Fred replied. “Candy didn’t know about it until after Palm Springs.”

  "Good," Steve said.

  “What about Sam? Has the FBI found him yet?" Steve asked.

  “I don’t think so. I doubt they’re even looking now.”

  Joel entered the courtroom, walked over to where they were talking, and joined the conversation.

  "Maybe Steve and I can find him," Randy said.

  "Find who?" Joel asked.

  "Sam Stewart," Fred replied. "We think we need to find him. It might be my only hope."

  "Yes, I would definitely like to talk to him, but if he took the money, you’ll never find him. Our private investigator tried hard to find him but couldn’t pick up a trail. He’s probably out of the country by now.”

  “Would more money help?” Fred asked.

  “No. You’d just be throwing your money away. Besides, the FBI has been looking for him, too, and they claim they can't find him either. Of course, they don’t have much motivation to find him either, since all it could do is botch up their case against you."

  "That’s why we’re going to find him if it’s the last thing we do,” Randy promised. “Fred is like a brother, and we will stop at nothing to save him."

  "That's very admirable of both of you," Roberts replied.

  The bailiff walked over and told Roberts he was needed in the clerk's office, and Roberts followed him out of the courtroom.

  "Joel’s right. They already have someone to pin the crime on. If they found Sam, there’s no telling what impact that would have on their case," Steve said. “It’s just too risky for them to find Sam.

  "Particularly if he has the money," Fred said.
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  "Exactly. It would blow their case right out of the water!" Randy agreed.

  "Maybe, maybe not,” Fred reasoned. “If you find Sam, he'll just tell them I stole the money. If he does that, I’m still guilty and worse off because then they’ll have the money and a witness against me.”

  "If Sam keeps his mouth shut, which he may well do, the jury may just be confused and unsure enough to acquit you."

  “Why would he keep his mouth shut?” Fred asked. “If he’s caught with the money, he’s doomed. He’d have no motivation to protect me. In fact, misery loves company. He’ll probably be dying to implicate me. Shit, he may try to bargain for a lighter sentence by agreeing to testify against me.”

  “Maybe not. Didn’t you say he likes you?”

  “Yeah. We always got along. I thought we were friends.”

  “Maybe he’s feeling a little guilty about setting you up. If he gets caught, maybe he’ll do the honorable thing and admit that he set you up.”

  "God, I hope so. It’s probably my only chance. I have a really bad feeling about how this case is going. If you guys don't find Sam, it may be all over for me."

  "Don't worry, we'll find him somehow. I don’t how, but we'll find him," Randy assured his troubled friend.

  The door to the clerk's office swung open, and Roberts walked over to where they were talking.

  "Well, I guess it's time to break up the party, guys," Roberts said.

  "Joel,” Fred said, “Steve and Randy are definitely going to try to find Sam Stewart."

  Joel shrugged. "Well, I wish you guys luck. It will be a difficult task. Where do you propose to start your search anyway?"

  "We don't know yet—maybe his home up at Big Bear," Randy replied.

  "That makes sense," Joel said. "Keep me posted, okay?"

  "Sure. We'll call you every day," Randy assured him.

  "Well, I've got to get back to the office. See you guys later. Fred, I'll see you Monday."

  "Right. Thanks Joel," Fred said.

  He motioned to the bailiff and he came over to escort Fred out of the courtroom.

  "Goodbye,” Fred said. “I am counting on you guys."

  "See ya, Fred. Hang in there," Steve said.

  "We'll take care of everything," Randy added. "Don't worry."

  Steve and Randy left the courtroom, and Joel turned to Fred and said, "You've got a couple of fine friends there, Fred. I can't believe they're going to just drop everything and go chasing after Sam."

  "I know. I am very lucky.”

  “Get some rest over the weekend," Roberts said. “You’ll need your strength on Monday.”

  "Right,” Fred agreed. “Thanks, Joel."

  When Roberts got back to his office late Friday night he decided he better call Congressman Bartlett and give him an update. He particularly wanted to alert him to the fact that Steve and Randy were out trying to track down Sam Stewart.

  “Do you think there is a chance in Hell, they’ll find him,” the Congressman asked.

  “No. Not really, but they are pretty determined, so they might get lucky.”

  “Well, we can’t let that happen. If Sam Stewart is arrested, he might confess and drag us all into it.”

  “He doesn’t know you and I are involved.”

  “No, but he may know Sinclair is and Sinclair can be tied to me and you.”

  “True, but I’m not sure how we can stop it. I can’t very well tell Steve and Randy to stand down. How would that look?”

  “Well you better think of something. I don’t want any surprises at trial.”

  “Aren’t Lake Arrowhead and Big Bear located in San Bernardino County?”

  “That sounds right.”

  “Well, that’s where your old friend Deputy Sheriff Carl Johnson works, right?”

  “I think so.”

  “You ought to give him a call,” Roberts suggested.

  “Yeah, good idea. He owes me a favor.”

  Joel hung up and headed for his car. It was almost a 45-minute drive home with traffic. As he was driving, he worried about Sam Stewart. If Randy and Steve were to find him, even if he didn’t implicate Sinclair in the robbery, there still might be questions as to why Fred’s defense counsel hadn’t found him. Of course, the same could be said about Whitehead and the FBI. Why didn’t they find Sam Stewart? It would be quite an embarrassment for all concerned and the media would have a field day.