“Yes.”
“No further questions.”
Hollaway stepped down, and Kara decided to get her housekeeping witnesses out of the way. She called two knife experts who testified that the collection of custom knives found in Randy’s closet was not a true “collection” at all, but a random assemblage of rather ordinary, run-of-the-mill hand-made knives. Neither expert had heard of a knife collector who had never touched his knives. Both experts confirmed that if Randy was a true collector, he certainly wouldn’t have stored the knives all jumbled up in a bag in a closet. Sanders chipped away at their testimony by getting each of them to concede that a person might store knives in a nylon bag if he wasn’t a collector, but someone who intended to use the knives for a purpose such as murder.
Kara jumped up on redirect to point out the change in the prosecution theory. Now they were saying Randy wasn’t a collector, but a user of knives, and if he was a user, then why weren’t his prints all over the knives? Watching the members of the panel as she made the point, she thought she had won that round.
Next, she called the owner of a photography shop in Atlanta who was an expert in photo analysis. He testified that it would have been impossible for Randy’s Nikon with a 70-200mm zoom lens to have taken the photographs found in his apartment. Randy’s lens was not a Nikon. It was a cheaper brand that had a very slow shutter speed that allowed only a small amount of light to reach the film when shooting objects at a distance. He showed some photographs he had taken with a Nikon just like Randy’s, fitted with the same cheap lens as his, under conditions that were similar to those in the photos in evidence. His photos were much darker and quite grainy, and there was a pronounced distortion of the picture at the edges of each photo, as if it had been squeezed together from the sides. He testified that the camera used to take the photos in evidence was most likely a fast, top-of-the-line Canon or Nikon, with a Canon or Nikon lens in the range of 300mm, not 200mm. He showed a couple of photos he had taken with such a camera at the same time he took the photos with the camera like Randy’s. They were bright and clear, just like the photos in evidence.
Under cross-examination by Sanders, the expert testified that though he was certain he was right about Randy’s camera, he couldn’t be a hundred percent certain, because photography was subject to many variables that couldn’t readily be duplicated. His expert testimony had been effective, and he probably raised some doubts. But he had not slammed the door shut on the photos.
She called a forensics pathologist who testified in a similar, though more detailed vein as Captain Evans, that Lannie had been dead over a half hour when the house detective found Randy trying to revive her, remaking the point that it was unlikely Randy had killed Lannie with the door open, and then remained astride her body for over a half hour.
She called a couple of officers who worked with Randy in the headquarters building, and they testified as to his good character.
It was late in the afternoon by the time she called her final witness for the day.
“Can you state your name and occupation, please?”
“Greg East. I work for Southeastern AirTone, the cellular phone company.”
Kara picked up a single sheet of paper. “Your Honor, we would like to introduce this as defense exhibit D.”
“So ordered.”
She handed the paper to Mr. East. “Can you describe for the court what you’re holding, sir?”
“It’s a cell phone bill. An AirTone bill, to be precise.”
“For whose account?”
“For Lieutenant Sheila Worthy.”
“Did she make any calls on the day that she died?”
Mr. East studied the bill for a moment and looked up. “I’m confused. Which day are you referring to?”
“The last page of the bill. The final calls she made. There are two of them, I believe, are there not?”
“Yes. At ten-forty and ten forty-two.”
“What’s the duration of the calls?”
“The first one is for one minute. The second call was also for one minute.”
“She called the same number twice.”
“Correct.”
“Do you recognize that number?”
“No.”
“Thank you.” She turned to Sanders. “Your witness.”
“No questions.”
Kara addressed the judge. “Your Honor, I have another witness to call, but I believe the testimony will run on for some time.”
“Perhaps we’d better recess, then.” He banged his gavel.
After court, she talked to Randy in a small interview room. Three MP’s stood outside the door. She wasn’t sure if they could hear them through the door, so they whispered.
“Did you get Beckwith’s bill?”
“No. Sanders won’t issue the subpoena.”
“What are we going to do?”
“I don’t know. But I’ve got some good news. You told me you and Mrs. Beckwith dropped off a flat tire to be fixed, remember?”
“Yeah . . .”
“I went to the gas station downtown, and the tire hadn’t been picked up. I took a sample of mud from the tire and ran a check on it with the lab at the University of Georgia. They confirmed that the mud came from the same area where Sheila was killed.”
“What does that do for us? General Beckwith was in his staff car that night.”
“Maybe not the whole time. Beckwith could have gone home, and gotten in his own car and driven out there to the firing range.”
“Does Sanders know?”
“Of course not.”
“How are you going to get those results into the case?”
Kara paused. “I don’t know yet. I’m still working on it.”
“You’ve got to come up with something!”
She closed her briefcase and knocked on the door to be let out. “I know I do.”
Chapter Forty-one
Specialist Lester was waiting for Kara on the porch when she got home. She fixed a couple of sandwiches and put on a pot of coffee, and they worked until nine, when Specialist Lester went back to the office to type up notes for court the next day. Kara was undressing, getting ready to take a shower, when the phone rang.
Mace said: “It’s me. Get in your car and start driving around. Wear your Class A’s. It’s important.”
She answered with a single word: “Okay.” She got dressed and pulled on her overcoat. The temperature outside had dropped ten degrees since she got home. The Cherokee’s engine roared to life, and she pulled out of the gravel drive.
She didn’t see the headlights right away. They waited until she crested a hill to fall in behind her. They kept their distance from her on a long stretch of straight road. She drove for another mile or so and pulled into a convenience store parking lot. The car that had been following her stopped at the red light and turned right. She went inside and bought a cup of coffee and got back into the Cherokee. She pulled out of the lot and turned left at the light. The headlights appeared again. She made a turn and glanced in her rearview mirror. She knew it was the same car when they made the turn and she saw that the parking light on the right side was broken.
Her cell phone rang. It was Mace. “Are they tailing you?”
“Yes, they’ve been on me since I left home.”
“I got the stuff you want. We’re going to have to break the surveillance so I can get it to you. Where are you now?”
“I’m on Claiborne. I’m just driving around the west side of town.”
“Okay, we’re going to lose those guys. You’ve got to listen close and do exactly as I tell you.”
“Okay.”
“You remember that friend of mine, Barney Tennant?”
“The warrant officer. The guy you were friends with in the Gulf.”
“That’s him. Here’s what you do. Drive onto the post and go to your office. Park in front, in the lot where you usually park, go upstairs, turn on your light, make it look like you’re catching up on wor
k before court tomorrow. Then go downstairs and out the back door. I’ll be waiting for you.”
They hung up, and Kara headed toward Victory Boulevard and drove onto Fort Benning through the front gate and did as she was told. She found Specialist Lester at the computer, working on notes for court. Lester followed Kara back to her office and stayed out of sight. From the office window Kara watched as the car that had been following her passed the parking lot and turned down a side street and cut the lights. When she was certain that they had seen her upstairs in the office, she unbuttoned her uniform jacket and handed it to Specialist Lester.
“Put this on and sit at my desk with your back to the window. Every once in a while, get up and walk over to the bookshelf and remove a book and return to the desk. Make sure you don’t face the window. I want them to think I’m still up here, getting ready for court.”
“Will do, ma’am,” said Lester, donning Kara’s Class A jacket.
Kara put on her overcoat and ran downstairs and opened the back door. An Army Huey helicopter was parked in the middle of a grassy field, its rotors beginning to turn. The door slid open, and she ran for the chopper. Mace pulled the door shut as the Huey lifted off and made a steep left turn, heading south.
“Curb service,” he yelled over the sound of the engine.
Warrant Officer Tennant waved from the pilot’s seat. Kara pulled on a headset and heard his voice through the intercom. Tennant handed her a clipboard. “Sign on the dotted line, Major. It’s a requisition for a military hop. Initial the flight manifest on the second page.”
She signed the requisition and grabbed a webbing strap as the Huey leaned into another turn.
“You like my taxicab, Major?” the pilot called over the intercom. “We’ve got everything but yellow paint.”
She laughed. “I haven’t flown in one of these in years.”
“Taxicab’s right on schedule, Major. Be there in a short-short.” He leaned the Huey into another turn and gained altitude.
Mace pulled her headset from her ear and yelled: “Tennant’s one of the good guys.”
“He could get in big trouble for this.”
“No, he can’t. He did everything legal. You signed a requisition that’ll get filed and forgotten, and he signed out at his squadron logging night flying time.”
Tennant’s voice came through the intercom: “You want me to put you down where you left your car, Mace?”
“Yeah, Barney, that’ll be great.”
“Good as done.”
Mace opened the side door as the chopper lost altitude and slowed. Tennant circled and put the skids down in the middle of a rural road next to a phone booth. Mace gave him a pat on the top of his flight helmet, and they jumped out, scampering to the side of the road. The Huey lifted off, heading north.
They climbed in the car parked next to the phone booth, and Mace started the engine.
“Mace, you took a big chance tonight. I’m sorry I got you mixed up in this.”
“I’m not. When I saw they were watching you, I got pissed. I figured, here it is, Mace. You’ve got to take sides.” He looked over and took her hand. “I’m on your side.”
She leaned across the seat and kissed him. He put the car in gear, and they headed back to the post.
“You still think Beckwith did it, don’t you?” asked Mace.
“Yes, I do.”
“Who do you think has been following you?”
“I don’t know, but I’m going to find out first thing tomorrow morning.”
Mace flipped on the overhead light and handed her a manila envelope. “Here’s the phone bills for the General’s cell phone.”
Kara opened the envelope and looked inside. “Where did you get them?”
“I’ve got a pal over in Finance, known him since we were in NCO School together. I traded him four tickets to a Garth Brooks concert for them.”
“These are the actual bills.”
“Yeah, my pal said you should make copies and give them to me. I’ll see to it he gets them back into the files before anyone’s the wiser.”
She closed the envelope. “I’ve got to figure out a way to get home. They’re probably still watching my house.”
“I’m sure they are. Why don’t I drop you off down-town? You can catch a cab.”
“Good idea.” She paused, watching him, relaxed behind the wheel. “Mace, I don’t know how to thank you.”
He glanced over with a smile. “I just wish I could be there in court tomorrow morning.”
“I do too.”
Kara stopped Hollaway in the hall outside court. “Frank, there’s something I’ve got to ask you.”
“Shoot.”
“Are you having me followed?”
Hollaway looked surprised. “What?”
“There’s been an unmarked car watching my house and following me for two days, Frank. I want to know who ordered it.”
“Kara, you’ve got to believe me. I don’t know anything about this.”
“Can you find out who’s behind it? I want some ass kicked here, Frank. Whoever is having me followed is stepping into the middle of a capital murder case. I’ll get this damn thing declared a mistrial and move for a dismissal.”
“I’ll make some calls right now. I’m very surprised. Normally, nothing like this happens at Fort Benning without crossing my desk first.”
“Thanks.”
“I’ll tell you as soon as I find out anything.”
“Okay.”
Randy was waiting at the defense table in the courtroom. Kara opened her briefcase and walked over to the prosecution table. “I’ve got some business with Freeman before we start, Howard.”
Sanders looked up, surprised. “Really? What’s up?”
“You’ll find out soon enough.”
The judge walked into the court and gaveled them to order.
Kara stood. “Your Honor, I would like to address a matter concerning this case before the members of the panel are brought in.”
“What’s on your mind, Major?” asked Freeman.
“Your Honor, I’ve had surveillance of my home and office and an unmarked car following me for two days. It’s my belief that the other side in this case is trying to gain advantage by tracking my movements and observing who I’m meeting with.”
Freeman turned to Sanders. “Is this true, Major Sanders? Because if it is, we’ve got a real problem here.”
Sanders stood, open-mouthed. “Your Honor, the prosecution is not carrying out and has not ordered surveillance of opposing counsel. We are well aware that to do so would compromise this court-martial and damage our case.”
“Your Honor, the surveillance started when this court-martial began. It is obvious the surveillance is linked to this trial, and to my representation of the defendant.”
Freeman held up his hand, stopping her. “Give me a moment, Counselor.” He turned to Sanders. “You’re not pulling any kind of deniability crap with this court, are you, Major? Maybe they’re following Major Guidry, and you don’t know about it, but you are enjoying the fruits of the surveillance?”
“No, sir. I don’t know anything about counsel for the defense being under surveillance, and my office has not received any information concerning her movements or any witnesses she is interviewing or anything of that sort.”
“Major Guidry, that’s a solid denial of involvement by the prosecution. I don’t know how much further we can go with this.”
“I do, Your Honor. I would suggest that the court-martial–convening authority be brought into this matter, and an order issued to call off the surveillance. I will move for a mistrial if the surveillance of my home and office and movements is not called off immediately.”
Freeman turned to Sanders. “I’m going to order the prosecution to do exactly as Major Guidry has suggested. Furthermore, I want you to use your best efforts to find out who has ordered this outrage, and I want a report on my desk by tomorrow morning outlining everything you have found out.
Understood?”
“Yes, Your Honor,” said Sanders.
“Is that satisfactory, Major Guidry?”
“Yes, it is, Your Honor.”
Freeman turned to the MP guard. “Bring in the members of the panel.” They filed into the courtroom and took their seats. “Call your next witness, Major Guidry.”
“Sir, I’d like to recall Mr. East from Southeast AirTone.”
Sanders objected. “We’ve already heard his testimony, Your Honor. She’s stalling.”
“No, I’m not, Your Honor. New information has come into my possession. I need to question Mr. East about this information.”
“Call your witness.”
Mr. East was reminded he was under oath.
“You have testified that according to her cell phone records, Lieutenant Worthy made two calls the night she died, one at ten-forty, and one at ten forty-two.”
“That’s right.”
She handed him a sheet of paper. “Do you know what this is?”
“It’s a cell phone bill, for another phone.”
“There’s a call on the bill, at ten forty-two, the night Lieutenant Worthy was killed, correct?”
“Yes, there is.”
“When a call is made to a cell phone, the call is billed to the receiving cell phone, correct?”
“Yes, unless the call was made from a cell phone. In that case the bill would go to the calling party.”
“But if the call made by the cell phone was patched through a land-line, then the bill would go to the receiving cell phone, correct?”
“Yes. The computer would recognize that the receiving cell phone had been called from a wired phone, and the bill would go to the receiving phone.”
“Do you recognize the number on the bill, sir?”
“The call came from Lieutenant Worthy’s cell phone.”
“So with these two bills, Mr. East, we have closed the loop, have we not? We know she made a call, and we know who she called. In your professional opinion, would my statement be accurate?”
“Yes.”
“Thank you.” She turned to the judge. “I would like to have this phone bill entered as defense exhibit E, Your Honor.”
Heart of War Page 36