THE HERBALIST (Books 1-5)
Page 33
“And Blanchard, too.”
“Of course!”
“Let’s just hope that the one confession will be enough to convince them that she likely committed the other murder, as well,” Blanchard said to Brian over the phone. “Even if she’s never brought up on charges for it, hopefully they’ll drop Melissa’s charges.”
Brian came out, holding the door open as he spoke. “Blanchard wants me to bring the phone to him right now. I decided not to call Harms,” he said. “It’s just odd how that evidence disappeared, but with this I’m going to keep a tight lid on it.”
“You don’t suspect that Harms had anything to do with it? Do you?”
“No. He wouldn’t do that when he was there to see what went on at Corinne’s place. Plus, he was the arresting officer. However, there’s something weird going on over there—something rotten—and I’m just going to keep close counsel.”
Melissa reached for him. “So much for our quiet morning.”
“I’ll be back within the hour, and we can pick up where we left off.”
“It’s a deal. What do you want for breakfast?”
“Surprise me,” he said.
# # #
By the time he got back, she had whipped up an extra special batch of waffle batter and had uncured bacon ready to go onto the griddle.
He sat down on the stool at the tiled counter in the kitchen. “Whoa, look at that! What is that?”
“Waffle batter.”
“With meringue?”
“Ha ha. Good guess! It’s nice, stiff, whipped egg whites, but, instead of baking them like you would a meringue, you whip them into the batter just before you put them in the waffle iron. If you’ve never tasted them like that, you’re in for a treat.”
“You’re amazing.”
“Just a cook’s trick,” she said.
“Okay, then,” he said, standing and putting his hands around her waist. “Then, you’re an amazing magician in the kitchen.”
She laughed and put a daub of egg white on the end of his nose.
Chapter 5
The next morning was a rainy one—unusual for the desert monsoon. It usually took all day for the clouds and heat to build up. Melissa felt, as she looked out at it from her breakfast nook, that the weather paralleled the saga. It simply kept building—the murders, her own incarceration, and now Kim and Brandon. The heat was building for sure; she hoped the morning rain was heralding a bit of relief.
It was.
“U.S. Marshals are going to bring Brandon back from Indiana,” Brian said after speaking with law enforcement over the phone.
“Flora and I hoped we’d seen the last of the James gang,” Melissa replied.
“Hopefully, you won’t have to see him at all.”
“I want to be at the trial for Kim’s sake,” she said.
“They’re going to try to get him just to plead guilty and be sentenced. Failing that, they’ll convene a grand jury to hear Kim’s testimony. But without more evidence of a struggle or any forensic evidence, it’s really just who they believe more. The grand jury will decide whether or not her testimony is convincing enough to indict him.”
“Are you serious? Do you mean he could be out and walking free in the not-too-distant future?”
“I’m afraid so. In case it does go to trial, we have to get your problem cleared up so that you can testify for Kim. I will testify for her, too, of course, but it will take every last witness we can possibly find.”
The rain was as brief as the relief from the heat.
# # #
A week later, Melissa and Brian headed to Sierra Vista for her preliminary hearing in Cochise County Superior Court. Scott Blanchard met them at the courthouse with good news and said, “Since we were able to admit the phone call, they dropped the charge against Melissa in the case of Lloyd Johnston’s death. So, all they have now is the charge of Anthony White’s death. Had they had any sense, they’d have dropped that, too. I’m not sure why they are continuing with this charade—other than out of revenge to simply try to impugn Melissa’s reputation. I really thought Palick was smarter than this, but he must have a huge fee that depends on him producing something against her.”
“Now, with the voicemail evidence entered, it will ramp up to first-degree murder for Dunnick, right?” Brian asked.
“Except that they’ve filed a motion to suppress that piece of evidence,” said Blanchard.
“On what grounds?” asked Brian.
“Stating no one can be sure who’s speaking,” Blanchard responded.
“So, it can be admitted for Melissa’s case but not Dunnick’s?” asked Brian.
“Yes. Different judges, different decisions,” said Blanchard.
Brian looked at Melissa to see her incredulous face.
“I truly have no idea what the prosecution is doing in your case, Melissa; but, I’m pretty sure we’ve got it nailed. I have two witnesses who contacted me that I haven’t even told you about that will put shoot down every last shred of Palick’s antics,” said Blanchard.
# # #
“So, Mr. Prosecutor, have you seen the defendant’s witness list?” asked the judge.
“No, Your Honor.”
“You really should have asked to see it. It probably would have saved a lot of time. But since these witnesses have all gathered here this morning in good faith, we’re going to hear them out,” said the judge.
“Surely, not just character witnesses, Your Honor. We all know that Ms. Michaelson is well-liked, whether it’s deserved or not,” said the prosecuting attorney.
“No, I don’t believe any of these are simply character witnesses,” said the judge. “For the record, Mr. Prosecutor, please state succinctly, what you believe Ms. Michaelson’s motive is for hastening the death of Anthony White.”
“Because there was no evidence of oleander poisoning that she so insistently touted and no autopsy on Mr. Johnston—and he had already been embalmed by the time Corinne Bailey contacted Ms. Michaelson concerning her father’s death. Therefore, after getting a list of Mrs. Dunnick’s former patients, Ms. Michaelson chose one to visit and administered the oleander serum herself.”
“I see no oleander serum in the evidence here,” the judge said.
The prosecutor handed the judge the assay from the lab. “She’s the only one who knew to look for oleander in the system, and that’s exactly what the assay found.”
Melissa was called then to give her side of the story, telling the conditions that caused her to suspect oleander poisoning in Mr. Johnston, and that she feared another of Dunnick’s patients would succumb to the same fate even though Dunnick had already quit the agency which had assigned her to Mr. White.
The judge then called on Mr. Blanchard to produce his witnesses and any evidence.
“First, Your Honor, although some may not find this piece of evidence relevant to Ms. Michaelson’s case, I want to show the chain of evidence. I call to the witness stand Officer Bill Mason.”
A young officer that neither Bryan nor Melissa had seen before came forward. He was sworn in and took his seat.
“Officer Mason, please tell the court who you are and in what department you work.”
“I am Officer William Mason, and I work as an evidence clerk for Nogales County.”
“We you working the afternoon of August 5th this year?” Blanchard asked him.
“Yes. I was on the three-to-eleven shift that day.”
“Can you tell the court what Detective Harms brought to you around 5 p.m. that was logged into evidence?”
“Yes. He brought a cell phone and a woman’s purse.”
“Can you show me in the log where you entered those items?” Blanchard asked, handing him the evidence log.
Mason didn’t even look at it. “I cannot, sir. That particular page has been removed from the log.”
“Is that unusual, Officer Mason?”
“It’s more than unusual, sir. It has never happened that I know of.”
>
“If we could see it, would that page of the log also show that Mr. Palick signed in to view the evidence shortly after it was entered?”
“Yes, sir. Mr. Palick showed up about an hour and a half after Detective Harms.”
“Thank you, Mr. Mason. You can step down. Let the record show, please, that the page of the evidence log from August 5th is missing from the log book, and that also the evidence box containing the phone and the purse are also missing.”
The courtroom was silent except for the pecking of the court reporter.
“In the interest of time, ladies and gentlemen of the court, I am going to skip to the final witness, Fire Chief Jeremy Wilkes with the Cochise County police department.”
Chief Wilkes came forward and was sworn in.
“Chief Wilkes, you contacted me yesterday, didn’t you, when you heard that Ms. Michaelson had been accused of the wrongful death of Anthony White?”
“I did.”
“And what was your reason for contacting me?”
“I said I’d testify for the defendant. I was the first on the scene when Mr. Byrne called 911 and after being dispatched to the White place. After observing the scene, it is my expert opinion that the impending explosion which would have occurred without the intervention of Ms. Michaelson and Mr. Byrne, was neither an accident nor purposeful on the part of the deceased. It is therefore my opinion that whoever killed Mr. White was attempting to cover up evidence. Ms. Michaelson would not have tried to dispose of the evidence, as she clearly needed the evidence to get a warrant against Mrs. Dunnick.”
“No further questions, Your Honor.”
“Were you aware, Mr. Prosecutor, of the exact details of Mr. White’s condition when he was found, not only by Ms. Michaelson and Mr. Byrne, but also by the emergency personnel?” asked the judge.
“I was, Your Honor, and I have a question for the witness.”
“Go ahead, Mr. Prosecutor.”
“Chief Wilkes, it is Ms. Michaelson’s own testimony that one of the things that caused her to suspect elevated levels of digoxin in Mr. Johnston’s case was the suicidal ideation his daughter reported during the last ten days of his life. What is it, then, that leads you to believe that Mr. White wouldn’t have experienced the same thing and therefore set the conditions for the fire himself?”
“If it was the same thing, Mr. Prosecutor, then the elevated digoxin would have had to occur over a period of several days. Since there was no evidence in the autopsy of renal failure, and his other blood counts were normal, I would therefore conclude that if it was an act of suicide on the part of Mr. White, that, again, Ms. Michaelson had nothing to do with it. She only visited the White home once.”
“Thank you, Chief. You may step down,” the judge said, cutting off anything further the prosecutor had to say.
“Mr. Prosecutor, I don’t believe you did your homework adequately. The burden of proof was on you, and I find it thin to non-existent. This complaint, entered by Mr. Palick, is a waste of the taxpayers’ money. The State of Arizona and the County of Cochise therefore have no further interest in proceeding with any action against Melissa Michaelson. Case dismissed!”
# # #
Melissa had called Flora to give her the good news. When she got off the phone, Brian put his arms around her. “It’s good to see you smile again,” he said.
Detective Harms came over and shook both their hands. “Good work, Byrne,” he said. “One down and two more to go.”
They all shook Scott Blanchard’s hand. “Thank you so much, especially for those last two witnesses,” Melissa said.
“I’d like to take credit, but the evidence clerk had already gone to his boss, and the Fire Chief called me, so our two most convincing witnesses were volunteers.”
“I was afraid the prosecutor was going to be able to turn that around, but it was evident that the Fire Chief had done his homework whether the prosecutor had or not.”
“It could have gone on, but the judge saw the wisdom in calling it and putting a stop to it.”
“Detective Muller was ready to testify, too, had it been necessary,” Harms said. “It kind of restores a little faith in humanity. We’ve seen some of the worst and some of the best through this.”
Brian squeezed Melissa. “Even though very few of the people here in Cochise County knew you, Melissa, I think your beautiful spirit was evident to everyone.”
Was it any wonder why I love this man? Melissa asked herself.
# # #
They got back into Catalonia shortly after noon. The minute they stepped into the market, they were greeted with applause and several camera flashes.
Melissa was shocked; Brian was pleased. “What on earth?” Melissa asked.
Dr. Mercer stepped forward with a glass of sparkling cranberry juice in his hand, and Flora came around the counter with a tray full of similar glasses, offering them to Melissa and Brian first.
“To our hometown heroes!” Dr. Mercer toasted, and everyone echoed him.
Corinne stepped forward to say something, but just then, they heard car doors closing outside. Melissa looked out to see the sheriff, Detective Harms, and the deputy that had been in the house at Corinne’s. Scott Blanchard’s car pulled up right behind them, as well.
Melissa’s heart began to thump, wondering what was wrong, and it was as if the other guests held their collective breath.
Harms stepped in first. “We have it on good authority that there’s a party going on here, and, well…we want to get in on it, too, giving praise where praise is due. If not for Ms. Michaelson and Detective Byrne’s quick actions and quick thinking, this would never have been wrapped up with such an airtight case.”
“Melissa,” the sheriff said with his hat in his hand, “I appreciated what you had done before, but I was still skeptical about your…medicine, but I want to be the first one to say that my doubt was misplaced.”
“Thank you, Sheriff, and thank you to all of you for your kindness. Thank you for having my back—to Flora for going above and beyond, to Kim and Vivian for helping to hold down the fort, and to all of you for continuing to believe in me.”
There were reporters both from the Sierra Vista Herald and the Tucson Daily Star.
“I asked them to be here,” Flora said, “so that there is no question whatsoever about your reputation.”
Two people who had been standing in front of one of the café tables stepped aside. On the table was a sheet cake decorated with a jail cell with its door open and lifting off the ground with wings.
Melissa laughed out loud. “Luckily, I never even saw the inside of a jail cell because thanks to Detective Harms, Scott Blanchard, and especially Flora, everything was wrapped up so quickly.”
Flora beamed at the recognition.
“The money you put up for bail, Flora, will be released today,” said Detective Harms.
“Best fifty thousand dollars I never had to spend,” she responded.
After the drinks and cake, the girls started carrying out trays of finger sandwiches, and more people came in to join the celebration.
A short while later, Melissa saw Detective Harms and the sheriff draw Brian aside, after which Harms and the others from the Sheriff’s Department left.
Melissa gave Brian a curious look as he rejoined her.
“Harms said that the department wanted to hire me to help them identify, interview, and try to sort out whether any of their unsolved cases were part of Dunnick’s spree over the last few years. I’ll be working in an official capacity as a consultant and liaison between their department and the FBI. The sheriff told me it was being approved as we spoke.”
“Wow! That’s quite a feather in your cap.”
“The great thing is that it will give me an opportunity to see if working as a consult is what I want to do before I make an investment in more training.”
Brian looked at Melissa’s eyes and could see that she was greatly relieved that the ordeal was over, but it had taken its toll
.
“I think we should make our escape soon. I need to take care of you and help you rest; then maybe tonight,” he said, bringing her hand to his lips and kissing it, “we can have our own celebration.”
She smiled broadly. “I think it’s about time,” she said.
Chapter 6
“It looks like I had better get busy,” Brian said. “That was Detective Harms on the phone. The judge threw out the voicemail exclusion, which is fantastic, but Harms says it doesn’t necessarily mean she’ll be charged with first-degree murder.”
Melissa rolled her eyes. “Legal machinations.”
“That’s why I think I need to get busy. If we can’t prove links to her in other murders, across state boundaries, and get her set up with more charges, she could be out on parole in as little as fifteen to twenty years.”
“What do you think Brandon will get?” Melissa asked.
“Providing the grand jury finds enough evidence to go with the trial, he could be out in ten.”
“Still young, still broke, and with revenge in his heart.”
“Scary thought.”
Kim was home now and recovering slowly. Flora and Vivian were helping her look for a little house to buy while Melissa was encouraging her to transfer to the University of Arizona so she could be around people her own age.
“Believe me, Kim, I love having your help around the store, but I feel this town is so limiting for you. Besides, if something happens and Brandon is not charged, you need to be somewhere with more anonymity.”
“But you’re my family now,” Kim had told her. “I’m just not that interested in girls my own age. Just think, I’m 23, already a widow, and I’ve had an attempt made on my life. I don’t have much in common with the average college girl.”
Melissa felt pity for her, but that was the last thing she needed, and the last thing Kim wanted.
Melissa’s phone rang. When she picked it up, she was surprised to see it was her mother calling. They rarely talked, even though they kept up a regular email correspondence.
“Hi, Mom,” Melissa said as she answered.
Her mother laughed. “You always know when it’s me,” she said. Apparently she hadn’t figured out that Melissa had her number programmed into her phone.