by Ken Renshaw
I was excited, anticipant. Tina's plane was coming in at 2:30. We had lived together for two wonderful days, and it felt as though we had always been together. The four days of separation was an eon. I thought I could feel her energy of anticipation in being together again.
I rode to the dirt airstrip with Ben in the Jeep. Ben didn't say much, he was an authentic silent cowboy type. He was slim but muscular, about six feet two, with chiseled features, about thirty years old. I didn't expect that he had a master's degree like Buster, although people like Ben often surprise me.
The bright Sierra sun was stronger than I was comfortable with so I moved over into the shade of a pine tree. I was careful to not allow myself to drift in space-time, heeding Tom's warning. I sat for a few minutes, enjoying the quiet and my anticipation. The distant sound of the twin engine airplane interrupted my reverie.
As it circled low over the field, checking wind direction shown by the windsock, I felt my sense of excitement at seeing Tina increase. The airplane disappeared and then, a long minute later, appeared over the trees at the end of the runway, landed and, taxied to where we were. The engines sputtered to silence. Tina was sitting in the back seat and Elizabeth McKenzie, the young attorney who would be my assistant for the trial, sat in the front.
Elizabeth climbed out first, dressed in a business suit. I shook her hand and said welcome. Tina jumped down and ran to me and gave me a big kiss. I felt whole again.
Elizabeth said, "That's a relief. Tina and I talked on the plane, but I didn't know how she fit into the operation. Carolyn is on a week-long vacation, and I feared I might find her up here."
I laughed and said, "Thanks for thinking so much of me."
She looked at Tina and said, "You are obviously in a much bigger league."
Elizabeth is a tall lady, six foot two, and a whole head taller than I, with a low maintenance, short haircut, very athletic and looks like and was a member of the US Olympic women's volleyball team. She still trains, wears very little makeup, and generally looks stoic. Although she is very outspoken, and does not have the tact to deal with clients well, she is a great legal researcher and has great powers of observation. It must be her volleyball training that gave her the ability to sense everything going on between everyone in a room. She reads juries.
I said to Tina, "The lodge is about a mile away. I see you are wearing tennis shoes. Want to walk?"
"Sure."
Elizabeth was eyeing Ben with great interest as he loaded the baggage. She seemed to be fascinated by the fill of his Levis.
I said, "We will walk. Elizabeth is staying in cabin two. Show her around the lodge and then take her to her cabin. We will be there in about a half hour."
We hugged and then kissed. Tina said, "I really missed you. It feels like we have been separated for months."
"Me too, although, when I think of you, I am kind of where you are, I feel your marvelous energy."
As we walked holding hands, Tina told me of the frantic activity in ending the school year. I told her about fine dinning in Rocky Butte, about how Buster and Sofia were our bodyguards. She displayed mock disappointment when I told her she wouldn't be able to enjoy the fashionable eating establishments in Rocky Butte until after the trial. I did promise her a night on the town after the trial, including dining and clubbing at the Claim Jumper and Diggings, if we could talk Buster and Sofia into going with us.
I related my recent space-time travels, "I have had some more interesting new visions. The biplane thing got cleared up more. Apparently, I was a Word War I German fighter pilot vying for the Blue Max. Early in the war I believed I was involved in some chivalrous combat, a modern version of medieval noble knights jousting in armor. Later in the war, as the allies put more airplanes in the air, it turned into wholesale slaughter of untrained pilots. I had this incident where I saw the people I was shooting down. They were mere boys. I refused to fly and kill innocent children. They apparently court–martialed me, publicly tearing the insignias and rank from my uniform. I was sent to the infantry to die an inglorious death in trench warfare.
"In another vision I saw a woman, someone I loved, scolding me for disgracing her, and dumping me. I felt very betrayed. Maybe that is where some of my trust issues originated.
"I think some of my passion for flying sailplanes may be related to those World War I times. I may be still trying to prove myself and get the Blue Max, the order of Pour le Me'rite. I don't think I have lost my interest in flying, but it will be different, maybe less serious, and more fun."
Tina replied, "Wow! You are getting a lot out of this space-time travel. Did you talk to Tom about this?"
"Yes, I did. He told me to be careful not to do it alone, unguided. It is possible to get mentally stuck out of present time. He said that you could help me stay in present time. If I start to drift in space-time, you should do something to get me grounded, such as take me to bed and jump on me."
She chuckled and then added with a wry smile, "Oh, the sacrifices one must make out of duty."
We walked quietly for a while, arm-in-arm, interrupted with side-hugs. I was relishing having her near.
Buster and Sofia greeted us when we got to the lodge. Sofia looked delighted to meet Tina. "It will be so good to have another woman to do girl–talk with. Here, let me show you around."
Buster and I chatted for a while, and he related to me that his men in town had picked up the gossip: 'a lawyer had moved to town and was buying the old Williams' place.'
I laughed and said, "The subterfuge is working."
He also commented that Elizabeth looked very athletic. She asked him which trails to use for a five-mile run.
Sofia and Tina returned from the kitchen, and Sofia said, "Tina has given me some ideas for dinner. Buster and I need to go into town to get some things. We will be back in a couple of hours."
"Stay close," Buster admonished.
We walked out upon the porch, watched them drive away. Tina turned to me, looked intently and said with a giggle, "Emergency! He is drifting out of present time. Must take immediate action."
Dinner was a delight. Trained martial arts specialists, art and music lovers, Hollywood stunt people, an Olympic athlete, and a pilot can be jolly dinner companions.
Sunday, while Elizabeth and I worked preparing for the trial, Sofia gave Tina karate lessons, and Buster went to the Williams' house and town.
8
The Trial
Monday morning, Buster drove Elizabeth and me to the Williams' house where we picked up our car to drive to court. Buster asked for a five-minute lead and drove off in his pickup.
Elizabeth briefed me on what she had discovered searching the Internet. She said, "Sheriff Bogend's father was a Bible-thumping southern evangelical preacher. If we probe in that area, we might expose some irrationality, strong beliefs in the Devil and fundamentalist ideas. It would be good to get him to launch into a Bible-thumping tirade.
"We should also try to eliminate anyone with fundamentalist beliefs from the jury. I will study the panel as you probe prospective jurors on the subject of devils and witches. Also, you should probe for people with strong beliefs about the validity of logic and science: ask whether anybody has degrees in science and find out if anyone subscribes to technical journals or scientific magazines such as Scientific American. One of these country people might be a retired rocket scientist. We don't need a juror who will decide to provide scientific leadership in the deliberations."
When Elizabeth first saw downtown Rocky Butte she said, "Toto, I have a feeling we're not in Kansas, any more."
I pointed out the nightlife spots and opportunities for fine dining. Elizabeth replied, "I would say that this is about as far off the end of Melrose that one can get."
As we parked our car in the courthouse parking lot, I noticed Buster and another rough looking character sitting in his pickup.
As we walked alone up the empty steps of the courthouse, Elizabeth admired the building and sai
d, "Stick with Dave Willard and you can end up in the big time! You go ahead, I'll handle the all the reporters"
The courtroom looked as though it had not been modified since the courthouse was built in 1922. The walls had waist–high, dark wood wainscoting below beige walls that led to a ceiling of pressed tin patterned squares. Two windows and four hanging shaded light fixtures provided the light. The room had seating for about a hundred, and the usual jury box, tables, and judge's bench. At the front, under a portrait of George Washington and the County Seal, awaited the witness box, and court reporter's desk, flanked by American and California State flags.
The jury pool was sitting in the first few rows of the spectator area, being instructed by the Bailiff.
I greeted the Sodastroms as they sat at our table and introduced Elizabeth. Then, we introduced ourselves to Dean Buttress, the defense attorney who was there alone.
Ann and Ed Sodastrom looked quite distraught. I stood between them and Elizabeth as I explained how I regretted having to put them through all this again, but it should be over in a few days.
Elizabeth observed after we sat down, "Dean Buttress looks like a typical third–string attorney assigned to a case in the boonies that nobody else wanted. The insurance company must reckon that their liability is very small and the Rocky Butte jury will think a few hundred thousand dollars is a lot of money. His eye movements look like those of an alcoholic in a hung-over condition."
Judge Cartright appeared and, after the formalities, we began jury selection. During the questioning of the jury, I noticed Buster in the back row and his associate sitting in the middle.
Midway through the jury selection, Elizabeth whispered in my ear, "A lady just came in who looks like a reporter. It must be the San Jose Times reporter that will be sending trial summaries to Dore."
Jury selection was routine. At 12:30 after the jury was seated and instructed, Judge Cartright declared a forty-five-minute recess for lunch after which he would hear opening statements. Elizabeth and I retired to a conference room with our sack lunches brought from the ranch.
"Really the big-time," said Elizabeth as she unwrapped her sandwich and opened her canned drink. "Other courts give you an hour and a half for lunch."
"Stick with me," I smiled. "In one of our previous meetings, the judge indicated his desire for long court days. He said a short trial was in the best interests of the participants and the community.
"I think the jury selection went well, thanks to you, Elizabeth."
She replied, "I think we have a good jury. Family values, no fundamentalists, no amateur scientists, and all seemingly rule-based. I don't think there are any wild cards in there. Jurors number five and nine, the older ladies, were looking at Buttress disdainfully, maybe recognizing and disapproving of his alcoholism. Those two well-dressed men with untanned faces that we dismissed must be the local clergy."
"Thanks for your expert observation and help with that, Elizabeth. Now, I think I will have some quiet time to get ready for my opening statement."
At 1:15, Judge Cartright reconvened the court and we made our opening statements. I then presented witnesses to establish the dry fundamentals–that Lucy had died of exposure, where and when she was found, and what attempts were made to resuscitate her. At just before five-thirty, Judge Cartright adjourned for the day.
On the way home Elizabeth observed, "Judge Cartright helps us generate a lot of billable hours in a single court-day."
At the old Williams' place, we gave our car to Cody, who was dressed in slacks, tie, and blue dress shirt, looking like me.
As we joined Buster in his pickup, Elizabeth whispered to me, "I am now really in the big-time."
As we entered the parking lot at the ranch I noticed a big blue Ford SUV. Inside the lodge, Tina who had been talking to Candice, enthusiastically greeted me. Peter Gallagher had also flown in.
Over wine and cheese, elegantly served by Sofia, I related the trial proceedings today.
I said I would start the day tomorrow with Ed Sodastrom's tragic account of the evening to set a tragic tone for the trial.
I would put on a retired deputy sheriff next, followed by two members of the search and rescue team to establish that the search effort was not well–organized, and establish that Sheriff Bogend was not doing the best possible job. Then, I would put on Sheriff Bogend and try to reveal how his personal biases interfered with his professional judgment. If there were time left, I would put on Candice, and then show the movie, followed by Peter Gallagher. I said I didn't expect that we could get to Candice and Peter tomorrow. They could stay around the ranch, and we would call them to court if needed. I said Steve Manteo would arrive tomorrow morning and stay over as required.
Buster added that he had a SUV outside, and a driver would be here tomorrow for everyone to use when they needed to get to court.
Everyone went back to conversation.
I said I was going upstairs to freshen up before dinner. Tina joined me.
After a dinner of good conversation, Elizabeth, Candice, Peter, and I went to the study to go over testimony. Elizabeth produced her laptop and showed us the reporter's dispatch to Dore reporting on the day’s events. It included my opening statement that Elizabeth read aloud:
Ladies and gentlemen of the jury:
The question here is whether Sheriff Bogend was negligent by not using all available resources in the search for the missing girl, Lucy Sodastrom. Failure to use all available information and search resources resulted in Lucy's death.
We will show that Mr. Manteo, using his psychic powers, informed Sheriff Bogend of Lucy's location, down Bear Creek. Sheriff Bogend failed to even consider or act on Mr. Manteo's volunteered information before Lucy died of exposure.
Any reasonable man would have sent two or more of the ten qualified search people standing idly in the parking lot waiting for an assignment. It would have only taken two people a half hour to walk down the Bear Creek trail to Lucy's location and verify if she was there or not.
Rocky Butte County has a written policy describing how to proceed in emergencies, including search and rescue missions. That policy states that all available resources should be employed.
Sheriff Bogend did not use the standard of conduct that required him to use all available resources in the search for Lucy. Law enforcement officers are trained to act on all manner of information: tips from anonymous sources, "hunches" from experienced people, etc. Sheriff Bogend failed to act as a reasonable man could be expected to act, deploying idle search and rescue people to walk a couple of miles on an improved trail to check out a credible tip.
We will expose you to a complicated physics theory that explains how psychic phenomena, such as employed by Mr. Manteo, is scientifically legitimate. You do not have to understand the mathematics of this theory: all you should decide is if the expert witnesses that will testify are scientifically credible and up-to-date on the advances do science.
We would like you to understand that Mr. Manteo is highly credentialed as a psychic resource. He has served as an intelligence resource of the US Government for over twenty years, dealing with the highest level of government, including two Presidents. We will review his credentials, those credentials presented to Sheriff Bogend on the evening of Lucy's loss.
We will show that Lucy's death could have been avoided if Sheriff Bogend had not negligently refused to act on available information and fully used his available search resources."
Elizabeth paused and then added, "Here is the defense's opening statement:"
Ladies and gentlemen of the jury:
We all go to the movies and watch TV. Some popular movies and TV series have mediums and psychics solving complicated criminal cases. Those stories all come from screenwriters. None are ever a real on-the-scene coverage of a psychic solving a case. In the movies, Superman can fly; Spiderman can swing through Manhattan on treads of webs; mediaeval Merlins can conjure Dragons; and psychics identify killers. You all can rel
y on your own experience to know what is fact and what is fiction.
The essence of this case is whether Sheriff Bogend should have listened to a stranger, claiming to be a psychic, diverted his search and rescue resources down Bear Creek, and lessening his search in Sheffield Valley where tracks indicated Lucy had gone. Sheriff Bogend acted as a reasonable man should and concentrated on searching Sheffield Valley.
We will present scientific experts who will testify there is absolutely no scientific evidence that psychic phenomena exists as a means to find a missing child in a situation such as this. Science can show that there is no physical way for a man at the Rawhide Cafe to receive communications from or know the location of a child two miles away.
Many law enforcement agencies have had experience with so-called psychics who have volunteered to help solve cases. We will describe a study that polled law enforcement agencies all over the country and concluded that, in the words of one respondent, 'Psychics are of little value in investigations.'
"You must find that Sheriff Bogend was not negligent in his search for the lost girl."
Elizabeth finished reading. She outlined the general strategy of the trial to the group. She passed the laptop to me to read the reporter's comments to Dore that preceded the opening statement:
To Dore Hamilton
Subject: Summary of first day of trial.
It took me a long time during jury selection for me to figure out that Mr. Willard was not a local country lawyer. He did a good routine of 'I was raised in a small town like this and am a country boy at heart...'and 'we need to use our horse-sense in evaluating this case.'
However, when he questioned witnesses, I could see the razor-sharp mind of a lawyer from a long letterhead law firm coming through.
"It worked," I thought.