“At least that you know about?” Mac stopped and faced the witness.
“Well, yes.”
“Was Mr. Thomason charged with possession of illegal drugs as a result of this incident?”
“No.”
“Has he been searched on a regular basis since this happened?”
“Yes.”
“Have any drugs been found?”
“No, but Thomason has been moved into isolation.”
The questioning of Officer Bailey was even more brief. Dr. Randolph took less than ten minutes.
Although risky, Joe had decided to bring Spencer Hightower out of the shadows and put him on the witness stand for the jury to see. The prosecutor couldn’t let Mac create a phantom killer for the jury to blame; the defense lawyer would have to confront Spencer in flesh and blood.
In a voice that sounded more confident than he felt, Joe announced, “The State calls Spencer Hightower.”
Once again, the jurors knew it was their sworn duty to pay close attention to every detail, and they sat a little straighter in their seats when Spencer walked into the courtroom. Although shorter than Pete and without the defendant’s rugged build, Spencer’s reddish-brown hair and facial features made the two men look more like brothers than two people from totally diverse backgrounds. Spencer wore rimless glasses that gave him a studious look.
“State your name please,” Joe said.
“Spencer Hightower,” he said, his voice slightly cracking with nervousness.
“How old are you, Spencer?”
“Twenty-six.”
“And what is your relationship to Alexander Hightower?”
“He’s my older brother.”
“And Angela?”
“She is, or I guess was, my niece,” he said. “I need a drink.”
One of the bailiffs brought Spencer a cup of water, and everyone in the courtroom could see Spencer’s hand shake as he raised it to his lips.
Joe asked a fairly lengthy series of questions that emphasized Spencer’s achievements while skimming over his problems. Then, he walked slowly up to the court reporter and retrieved the letter Angela had written to Spencer on Joan Brinkley’s computer.
“Let me show you a letter written by Angela in April,” he said quietly. “Please explain the reason for the letter.”
Spencer avoided looking toward his brother, Alex. “It’s a misunderstanding.”
“Go ahead,” Joe prompted.
“I was kidding around with Angela, but I can understand how she took it the wrong way.”
“What happened between you?”
“Nothing really, except I wrote some letters.”
“Did she slap you at a Christmas party?”
“It was more of a push.” Spencer shrugged.
“Did you keep writing after you received the April letter?”
“Only once more. I told her I was sorry for bothering her and promised to leave her alone.”
“Is that what you did?”
“Yes.”
“Did you see her over the summer before her death?”
“A couple of times. There wasn’t any problem between us.”
Joe stepped back toward the jury box. “Now, where were you at the time Angela was murdered?”
“I was in the Caribbean for ten days.”
Joe motioned toward the jury with a sweep of his hand. “Please tell this jury whether you had anything to do with Angela’s death?”
“No,” he said, and looking toward Mac added, “and anyone who claims I did should have their head examined. The whole idea is ridiculous nonsense cooked up by the low-rent lawyers—”
Mac jumped to his feet. “Objection, Your Honor. Nonresponsive and improper.”
The judge looked down at Spencer. “Answer the questions and avoid characterizations of the defendant or his counsel.”
“How did you learn about the murder?” Joe asked.
“I received a shore-to-ship phone call from my sister-in-law and immediately came home.”
Perry Mason would have obtained a courtroom confession between commercial breaks. Mac set his sights on something more reasonable—to make clear Spencer’s motivation and opportunity to commit the crime.
“Mr. Hightower, were you upset when Angela refused your advances and wrote you the letter Mr. Whetstone showed you a few minutes ago?”
“There were no ‘advances,’ as you call them. It was no big deal. Just a misunderstanding.”
“There’s no misunderstanding what Angela wrote, is there?”
“You don’t know the whole story. She was just a little upset.”
“Is that how you characterize the letter—‘a little upset’?”
“Yeah. You don’t know our family. That’s how we communicate.”
“Isn’t it true that both you and Angela were more than ‘a little upset’ about what had taken place between you?”
“No. It was no big deal.”
“Is that what you expect this jury to believe? That it was ‘no big deal’ and the two of you were ‘a little upset’?”
“That’s the way it was.” Spencer nodded toward the jury. “They can believe what they want to.”
“How are you employed, Mr. Hightower?” Mac asked.
“I’m on the board of directors for some of the companies owned by my family.”
“So you don’t get up and go to an office every day, do you?”
“No.”
“Are you a wealthy man?”
“I think that’s my business,” Spencer said testily.
Mac looked at the judge, who spoke before Mac could say anything. “Answer the question, Mr. Hightower.”
“Well, compared to Bill Gates, I’m not wealthy.”
“How about compared to most people in Echota County?”
“Most people in Echota County live in trailers.”
Mac’s face flushed. “Are you trying to be funny?”
“Listen, Mr. McDonald, or whatever your name is, I shouldn’t be here answering your stupid questions.”
Judge Danielson cut in, “You are here because Mr. Whetstone called you as a witness, and you will answer Mr. McClain’s questions unless I instruct you not to. Do you understand?”
“Yeah.”
Mac pointed his finger directly at a spot between Spencer’s eyes. “Did you hire someone to kill Angela?”
Spencer rolled his eyes in disdain. “No. That’s a stupid question. But the answer is ‘No.’”
Mac kept his hand outstretched. “Did you arrange the murder to make it look like Peter Thomason was responsible?”
“No. I’ve never heard of Peter Thomason before this happened.”
“Is that your answer?”
“You heard me.”
“And I guess to you this case is ‘no big deal,’ is it?”
“It’s a big deal to your client, and the sooner he goes to the electric chair the better I’ll like it.”
Mac lowered his arm and walked back to the defense table. “No further questions.”
“That’s all our rebuttal, Your Honor,” Joe said.
“Mr. Hightower, you may leave the courtroom.”
A slightly crooked smile on his face, Spencer stepped down from the witness stand.
“Ladies and gentlemen,” Judge Danielson said, “The court will be in recess until one o’clock this afternoon. Gentlemen, please be in my chambers at twelve-fifteen to discuss the instructions for the jury. We will begin closing arguments when the jury returns.”
34
He will maintain his argument.
HENRY V, ACT 3, SCENE 2
The lawyers didn’t leave the courthouse to eat lunch. An army might march on a full stomach, but when the fiercest moments of conflict arise, they don’t take time to dine on meat loaf, two vegetables, and cornbread.
Mac decided there were two legal principles not already covered in Defendant’s Requests to Charge. He huddled with David and explained what he needed. “Go to the off
ice. You should be able to find what I need in the blue form book in the library.”
“Okay.”
David walked quickly to the office. Mindy was at her post near the front door. “Is Judy here?” he asked.
“No, she took Joan Brinkley to the airport,” Mindy replied. “Vicki is gone, too. Can I help?” she asked.
David looked at her upturned face. “I have a couple of requests to charge that need to be typed right away.”
“I can do it. I’ll use Judy’s computer.”
“Are you sure?”
“I can do a lot more than answer the phone,” she said pertly.
They went back to Judy’s desk.
“Do you know how to access her files?” David asked as the screen blinked on.
“Of course. It should just take a second.”
“Okay, I’ll get the book that you’ll need to type the charges.”
“I’m ready,” Mindy said when David returned in a couple of minutes. “How much are you going to charge and what hourly rate do you want me to use? Mac usually charges $125 an hour for time in the office and $225 an hour for time in court.”
David burst out laughing. “I am not talking about time and billing. I wouldn’t rush over here in the middle of a murder case to send someone a bill for two hundred dollars. Requests to charge are the instructions on the law the judge gives to the jury before they begin deliberation.”
“Oh,” Mindy said, chewing her fingernail. “Why didn’t you say the judge’s instructions to the jury? You lawyers do more to confuse the English language than anybody. I mean, you charge batteries, you charge something at the store. A request to charge sounds like a nice way to bill a client. How was I supposed to know the difference?”
“Okay,” David said, still chuckling. “It’s just the thought of handing the judge a sheet of paper so he could explain to the jury how much we should be paid.”
“I’m glad you think it’s so funny,” Mindy said in a hurt voice.
“I’m sorry. You’re right—I wasn’t clear. Here’s what you need to type.”
Mindy completed the rest of the task without a hitch, and after profusely thanking her, David scurried back to the courthouse. Mac and Joe were about to go into Judge Danielson’s chambers when David handed Mac the papers.
At 12:58 P.M., Mac and Joe walked back into the courtroom from the judge’s chambers.
“How did it go?” David asked.
“We got almost everything we wanted. The judge is going to tell the jury what we wanted them to hear.”
“Are you ready?”
Mac straightened his tie. “Yes, along with the usual nervousness. Do you wish it were you, not me?”
“Not yet, but I’ll be praying for the right words to come out of your mouth.”
“Pray for the jury. My words won’t do any good if they don’t go into their ears and persuade their minds.”
When the jury was seated, Judge Danielson addressed them. “Ladies and gentlemen, the lawyers will now present closing arguments and after receiving instructions from the court, you will decide the guilt or innocence of the defendant. You are not being asked at this time to determine punishment. As I told you at the beginning of the case, if you acquit the defendant, the trial will end at that point. If you find the defendant guilty of murdering Angela Hightower, each side will have opportunity to present additional evidence and you will deliberate a second time to decide if the defendant should be sentenced to life in prison or put to death.” The judge nodded to Mac. “You may present your argument, Mr. McClain.”
It was no use fighting the butterflies. The only remedy was to begin talking and keep going until they gave up and flew away. Mac thanked the jury for their service and attention during the trial, then began his argument more like a schoolteacher helping his students prepare for a test than an advocate seeking to bend their wills to his.
“In a few minutes, Peter Thomason’s future will be in your hands,” he said. “I don’t have to tell you the importance of your responsibility. You will leave and return to your homes and families after this trial is over. Mr. Whetstone and I will return to our offices and represent other clients. Judge Danielson will preside over other cases. But this is Peter Thomason’s only day in court, and on his behalf I am entrusting his future into your hands.”
Mac motioned toward the judge. “Before you begin your deliberations, the judge will instruct you that Pete is presumed innocent. This means that being charged with a crime does not in any way prove that he is guilty. For hundreds of years, our legal system has held the position that it is best not to jump to conclusions but to begin with the belief that someone like Pete is innocent of any wrongdoing. That’s what I would ask you to do. When you think about Pete, think of him as you would want to be viewed yourself, an innocent man or woman who is protected from accusation and punishment by a shield that can only be removed by proof of guilt beyond a reasonable doubt. If that shield is not overcome by the evidence, your decision is an easy one, and you should acquit Pete Thomason of this charge.”
The afternoon sun streaming through the courtroom windows created a rectangle of light on the floor at one end of the jury box. Mac stood at the edge of light and continued, “Judge Danielson will also tell you that the State must prove each and every element of the crime beyond a reasonable doubt. Reasonable doubt are two words we rarely use in everyday conversation, and it is not the standard we apply in many common situations. Those of you who have children know that if you are at least fifty percent sure a child did something wrong you will decide an appropriate punishment. Such a test works fine in raising children, but it is not the way you will be instructed to decide this case. A reasonable doubt is exactly what it says—a doubt for which you have a reason. It is the doubt of a fair-minded, impartial juror, honestly seeking the truth. It is a doubt based upon common sense and reason. Some portion of your mind may think Peter Thomason is guilty, but if, after considering all the evidence you remain wavering and unsettled due to weakness, insufficiency, or conflict in the testimony or evidence, it is your duty to give Pete the benefit of the doubt and find him not guilty of these charges.”
Beginning with the midnight purple Lincoln that sideswiped Rodney McFarland’s truck and crossed over into the path of Tim Logan’s patrol car, Mac outlined twelve grounds for reasonable doubt about Peter Thomason’s guilt. He paced back and forth, sometimes talking directly to the jury, at other times looking straight ahead then turning sharply to emphasize an important point. Facing the jury, he came several steps closer to the jury box, rested his hands on the rail, and said, “Peter Thomason was not mentally capable of forming the intent to harm Angela or physically able to carry out this crime because he was a victim himself, a victim subject to the devastating effects of GHB, a first cousin to the drug found in Angela. The amount of GHB in Pete’s bloodstream made him confused, disoriented, unfit to drive, and unable to remember what happened. Did the State make any effort to disprove the testimony of Dr. Ogden, the chemist who performed the test? No. Why not? Because they know it is the truth.
“Ladies and gentlemen, how likely is it that the same person or persons who drugged and killed Angela Hightower, also drugged Peter Thomason? Why was Pete drugged? I can suggest at least three very good reasons. You may think of others. First, Pete was not able to remember and identify the killer or killers. I say killers because it took at least two people to drive the Porsche and the Lincoln to the overlook. Second, the effect of the drugs made it easy to set up the circumstances surrounding the discovery of Angela’s body and frame Pete as the murderer. Third, it is possible the killers intended to end Pete’s life as well. Why they didn’t, I don’t know. Perhaps, the police officers arrived on the scene before they could finish their plans. But, please, whatever the reason, do not allow the wicked deception of the real killers into the jury room to influence your decision. It is horrible enough that Angela is dead. Don’t let those who hatched this evil scheme take another life.”
Mac didn’t use any notes. He had lived with the case and organized his thoughts for weeks. He knew precisely what he wanted to say and how he wanted to say it. He discussed the polygraph test and discounted Walter Monroe’s allegations about the Marine Corps incident, then moved to Spencer Hightower.
“In my opening statement, I told you that the person most likely responsible for the murder of Angela Hightower was not in this courtroom. Now you know why I made that statement. I am not here to prosecute Spencer Hightower. My job is to defend Peter Thomason. But it is easier to ask you to acquit Pete than it would be to defend Mr. Hightower. It’s not necessary that you choose between the two men in deciding who murdered Angela. In fact, to do so would violate the judge’s instructions. But the circumstances surrounding Spencer Hightower’s harassment of Angela and his financial capability to hire someone to kill her is enough by itself to support the presence of a reasonable doubt as to the guilt of Peter Thomason.”
Mac held up the letters hidden for months in Joan Brinkley’s computer. “Read Angela’s letters in the jury room. Hear her cry to be left alone. Ask yourself if she considered Spencer Hightower’s stalking behavior ‘no big deal.’ You have had the opportunity to view both Pete Thomason and Spencer Hightower from the witness stand. Which one did you find more believable? Which one had the greater motivation and capability to commit this crime? Has the prosecution removed all reasonable doubt from your minds about the guilt of Peter Thomason?”
He walked over and stood near where Pete sat at the defense table. “Because we presented evidence in this case, Mr. Whetstone will have the opportunity to make the last argument you hear before retiring to the jury room. Listen to him carefully. That’s right. Listen to him carefully. Then ask yourself if he has answered to your satisfaction each and every one of the twelve grounds of reasonable doubt I’ve mentioned. He can’t do it because the truth is that Peter Thomason did not kill Angela Hightower, and on his behalf I ask you to find him not guilty.”
Mac sat down.
Pete leaned over and said, “Thanks.” He was relieved. Mac had riddled the State’s case with so many holes that no reasonable person could convict him of Angela’s murder. Now, all he had to do was endure Joe Whetstone’s final diatribe and wait for the news that would set him free. He offered a silent prayer of thanksgiving.
The Trial Page 30