Touching Cottonwood

by Randall Simpson

  Agent Westmore had no idea of the significance of the sledgehammer and golden spike for the area around Ogden. As he walked across the parking lot to the main hotel office, it also made no difference to him that the land now buried beneath the asphalt had once been traversed by the trappers Miles Goodyear and Peter Ogden. The history of the land beneath his feet was of no consequence to him at that moment, nor was the fact that these two true mountain men had once used various baits to trap animals for their furs. The tired and hungry agent was still far from caring about any connection between the use of bait in such age-old trapping techniques and the orange prison jumpsuit that rested nicely in a brown paper bag in the trunk of his car.

  He checked in at the main office, got a room overlooking the parking lot, and then walked down a short hallway to the restaurant. A young woman, with long, straight, black hair pulled back into a ponytail, smiled as she greeted him inside the restaurant. “Just one tonight, sir?” she asked as she picked up a menu from the hostess stand.

  “Yep,” replied the agent.

  “Would you like a booth? I’ve got one if you’d like it.”

  “That’d be fine,” he answered, following her toward a row of booths at the back of the restaurant.

  The restaurant was decorated with various pieces of railroad paraphernalia. Scattered about were lanterns, globes, crossing signs, and the like. A small toy train ran along a track mounted high on the wall. Also on the wall was a collection of historic photographs of the construction of the Transcontinental Railroad, with one of the larger of them hanging prominently on a wall by itself, showing the historic day the golden spike was driven into the tough, sun-dried Utah soil.

  Typical of most types of restaurants the agent had dined in over his many years on the road, television monitors were mounted on the walls in nearly every open corner, though in this case, they seemed out of place with the nicely done railroad décor. The hostess glanced up at a nearby monitor just before seating the agent at his booth and handing him the menu.

  “Your waitress will be right with you,” said the young woman, smiling and then quickly glancing up once more toward the monitor before leaving him alone.

  The agent paid no attention to the television monitors all around him but immediately began scouring the menu, giving his full attention to the dinners and daily specials.

  What the young hostess, named Kylie Anders, was so interested in watching on the television was a news story she’d been waiting for. It was about the town where her Aunt Marlene lived. Her aunt was the administrative assistant for the sheriff of Cottonwood, Colorado, and Kylie was waiting to hear more about the strange event that had occurred there.

  Though he was buried in his menu and not paying attention, on the monitor above the agent’s head and on monitors throughout the restaurant, a national news channel was coming to the story that Kylie had been waiting for. On the monitors, an impeccably groomed male news anchor with unnaturally brilliant white teeth said:

  “And finally tonight, from Colorado, we bring you a mystery. The small town of Cottonwood, Colorado, is currently in the middle of what everyone is now calling a ‘dead zone.’ This is not the kind of dead zone you may have heard about in the past—like those caused by a biological crisis or contamination—but a dead zone of a vastly different nature. It seems every combustible-engined vehicle in the area of Cottonwood—every car, truck, and motorcycle—has suddenly stopped working. They’ve all mysteriously died and refuse to start. Authorities, so far, are stumped as to the cause of the Cottonwood Dead Zone, but experts are being sent to investigate this unusual event. So far, the people in Cottonwood seem to be taking this whole anomaly in stride.”

  The television anchor continued reporting a few more details about the Cottonwood Dead Zone, showing an interview with Gwendolyn Mercer and saying the word “Colorado” a total of no less than twelve times and “Cottonwood” a total of ten. Though the volume of the monitor above Agent Westmore’s head was turned up just enough for him to have heard it if he’d been listening, he hadn’t discerned a word that was said. Instead, he’d settled on ordering the oven-baked chicken with a twice-baked potato—a house specialty.

  His dinner proved to be some of the best chicken he could recall ever having—juicy, tender, and succulent. For dessert he ordered the homemade peach cobbler. He was most impressed with the flakiness of the crust and how fresh the peaches tasted. When the agent was finishing his dessert and the waitress had refilled his coffee, his stomach was finally content enough to allow him to open his briefcase and pull out the next document in the Matthew Duncan case file. He pushed the now empty dessert plate to one side and began reading:

  Edgewood Court Transcript, Part IV

  Edgewood County Court

  Official Court Transcript

  Case #020086044

  The People vs. Matthew William Duncan

  (WHEREUPON the following was heard and recorded in open court, to wit:)

  Bailiff: All rise. Court is now in session. The Honorable Montgomery S. Nelson, presiding.

  Judge Nelson: Thank you, and good morning. You may be seated. Mr. Silverstein, are you ready to call your next witness?

  Mr. Silverstein: I am, Your Honor. With the court’s permission, the People would like to call Detective Vernon Mitchell to the stand.

  Judge Nelson: Detective Mitchell, if you’ll please approach the witness stand to be sworn in.

  Bailiff: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, under penalty of perjury, so help you God?

  Detective Mitchell: I do.

  Bailiff: You may be seated.

  Mr. Silverstein: Detective Mitchell, could you tell us what it is you do and how long you’ve done it?

  Detective Mitchell: I’m a detective with the Edgewood Police Department. I’ve been a detective for about twelve years and have been on the force for twenty-three years.

  Mr. Silverstein: In late May of this year, did you have occasion to investigate the case at Edgewood Medical Center involving the death of one Mr. Dominic Montoya?

  Detective Mitchell: I did.

  Mr. Silverstein: And would you please tell the court how you came to be involved in the investigation and what you discovered upon arrival at the medical center?

  Detective Mitchell: Well, I’m not sure exactly how it was that I was chosen to go out to the medical center that morning. All I know is that my section commander assigned me to the case, gave me a contact name and phone number, and told me to investigate a suspicious death out at the medical center.

  Mr. Silverstein: And whose name were you given to contact at the medical center?

  Detective Mitchell: I was told to contact Dr. Allen Spears.

  Mr. Silverstein: Thank you. Please continue.

  Detective Mitchell: Well, I drove out to the medical center and met with Dr. Spears at his office, which is right across the street from the center. He informed me that he had a patient die overnight, and that there were some unusual circumstances surrounding the death.

  Mr. Silverstein: And did he tell you what those circumstances were?

  Detective Mitchell: He did.

  Mr. Silverstein: And what did he say they were?

  Ms. Yates: Objection, Your Honor, this is hearsay. I would request that you once more remind the jury of the nature of hearsay.

  Judge Nelson: Thank you, Ms. Yates. I was just going to do that. Members of the jury, I would like once again to remind you of the nature of hearsay testimony. During the course of testimony, it may occur that a witness will testify about something they heard someone else say. This testimony is called hearsay. While you may consider hearsay in the overall context of the trial and the testimony of all witnesses, it is not to be considered as fact. Mr. Silverstein, you may proceed.

  Mr. Silverstein: Thank you, Your Honor. Detective Mitchell, what did Dr. Spears tell you about the unusual circumstances surrounding Mr. Montoya’s death?

  Detective Mi
tchell: He said there had been a patient from the Psychiatric Unit in the room visiting the deceased a few hours prior to his death.

  Mr. Silverstein: And did he seem concerned by that fact?

  Ms. Yates: Objection, Your Honor. He’s asking the witness to speculate.

  Judge Nelson: Sustained. Please rephrase the question, Mr. Silverstein.

  Mr. Silverstein: Did Dr. Spears tell you why he thought that was an important fact?

  Detective Mitchell: He thought the presence of this other patient may have caused his patient, Mr. Montoya, to become upset and that it may have led to his death.

  Mr. Silverstein: And what did you do next, after interviewing Dr. Spears?

  Detective Mitchell: Dr. Spears gave me the name of the nurse who was on duty at the time of Mr. Montoya’s death, and I went to her house to interview her.

  Mr. Silverstein: And what was the name of that nurse?

  Detective Mitchell: Dora Watson.

  Mr. Silverstein: And Detective Mitchell, why did you go to her house?

  Detective Mitchell: She was not on duty at the time and said she didn’t feel like driving back to the hospital.

  Mr. Silverstein: And in addition to Dr. Spears and Ms. Watson, whom else did you interview from the hospital?

  Detective Mitchell: I interviewed Dr. Cedric Moore and spoke with the defendant, Mr. Duncan.

  Mr. Silverstein: And did Mr. Duncan say anything to you during the course of your discussions with him that might have indicated that he knew Mr. Montoya had been upset during his visit with him?

  Detective Mitchell: He did.

  Mr. Silverstein: Detective Mitchell, during your interview with Mr. Duncan, did you have a recording device with you?

  Detective Mitchell: I did.

  Mr. Silverstein: And was Mr. Duncan aware that your interview was being recorded?

  Detective Mitchell: He was.

  Mr. Silverstein: And was he advised of his rights, and did he seem to understand those rights?

  Detective Mitchell: He was advised of them and seemed to fully understand them.

  Mr. Silverstein: And Detective Mitchell, did you later listen to the recording of the interview you had with Mr. Duncan?

  Detective Mitchell: Many times.

  Mr. Silverstein: And if I played you a portion of that recording now, would you recognize it as the one that you had recorded during that interview?

  Detective Mitchell: I’m pretty sure I would.

  Mr. Silverstein: If we could play that recording now, please.

  (beginning of recording)

  “I understand that the truth can be upsetting to anyone when they don’t want to face it. Yes, I knew he was upset, and I knew why he was upset, but there was no getting around it. Dominic had to make a choice of changing his life. It was not my presence that was upsetting to Dominic; it was that he had looked at the truth of his wasted life for what it was and then had to search his heart to find a way to change himself or accept the fate that had been waiting for him on the operating table.”

  (end of recording)

  Mr. Silverstein: Do you recognize that as part of the recording you made that day, Detective?

  Detective Mitchell: I do.

  Mr. Silverstein: And would you say that this written transcript of that recording represents the words that you heard on that recording?

  Detective Mitchell: I would.

  Mr. Silverstein: And do you recognize the voice of the person that we heard just now on the recording?

  Detective Mitchell: I do.

  Mr. Silverstein: And is that person present in the courtroom today?

  Detective Mitchell: He is. It is the defendant, Mr. Duncan.

  Mr. Silverstein: Your Honor, I would now like to place into evidence People’s Exhibit G, which is the recording that Detective Mitchell just identified as the one he made during an interview with the defendant, and Exhibit H, which is a transcript of that recording.

  Detective Mitchell, during the course of your investigation, in addition to interviews, did you pursue any other potential leads that might give a clue as to the cause of Mr. Montoya’s death?

  Detective Mitchell: I did. Full autopsy and toxicology reports were done on Mr. Montoya.

  Mr. Silverstein: And what did those reports say?

  Detective Mitchell: Mr. Montoya’s body only had the medications in his blood and liver that had been prescribed by his doctor, and the cause of death was likely heart failure.

  Mr. Silverstein: Thank you, Detective. I have no further questions.

  Judge Nelson: Your witness, Ms. Yates.

  Ms. Yates: Thank you, Your Honor. Detective Mitchell, how many years did you say you’ve been a detective?

  Detective Mitchell: I’ve been a detective for about twelve years.

  Ms. Yates: And how many cases of alleged manslaughter would you say you’ve investigated in that time?

  Detective Mitchell: Well, between homicide and manslaughter, I’d say probably close to about fifty.

  Ms. Yates: We are not trying a case of homicide here, Detective. I’m only interested in the manslaughter cases on which you’ve worked. They are much different than homicide. Please try to estimate your experience with manslaughter cases.

  Mr. Silverstein: I object, Your Honor. This is a spurious line of questioning.

  Judge Nelson: Ms. Yates?

  Ms. Yates: Your Honor, Detective Mitchell’s past experience in investigating this type of crime is most relevant. The jury is being asked to weigh the strength of his testimony against the presumption of innocence for my client. The strength of his testimony certainly is related to his prior experience of investigating this type of crime.

  Judge Nelson: Objection overruled. Proceed.

  Ms. Yates: Again Detective Mitchell, I ask you, how many cases specifically of manslaughter have you investigated over the course of the twelve years you’ve been a detective?

  Detective Mitchell: I would say maybe five or six.

  Ms. Yates: Okay, well let’s take the higher number. Let’s just say that you’ve investigated six cases of manslaughter in twelve years as a detective. That would be an average of one case every two years, if my math skills are correct. Does that sound about right to you?

  Detective Mitchell: I think your math seems correct.

  Ms. Yates: So, relative to the number of homicides that you investigate, the manslaughter cases are much less frequent. Is that an accurate characterization?

  Detective Mitchell: I would say it is.

  Ms. Yates: And Detective, of those six manslaughter cases that you have investigated over those twelve years, have you ever had a case in which the accused not so much as touched or in any way had any sort of physical contact with the victim?

  Mr. Silverstein: Objection, Your Honor. This has absolutely no relevancy. May we approach the bench?

  Judge Nelson: Approach.

  (private conversation at the bench)

  Mr. Silverstein: Your Honor, not only is Ms. Yates’ question irrelevant to the facts of this case, but I must strongly protest that she’s even asking such a question in front of the jury. It predisposes them to think that the rarity of the nature of this crime is somehow proof that it could not have happened in the manner the People are setting out to prove. I would ask that a strong warning be given to the jury to disregard Ms. Yates’ last question.

  Judge Nelson: Ms. Yates, I completely agree with Mr. Silverstein, and I must believe that you knew exactly what you were doing in asking that question. I will instruct the jury to disregard your last question, and I firmly hope, for this trial’s sake, that I don’t have to warn you again. Thank you, Counselors.

  (end of private conversation)

  Judge Nelson: Members of the jury, I am instructing you to completely disregard the last question asked by Ms. Yates. You are not to consider the question itself, or any potential implications related to the question, in your consideration of the facts in this case. Ms. Yates, you may now continue with your questio
ning.

  Ms. Yates: I have no further questions, Your Honor.

  Judge Nelson: Mr. Silverstein, redirect?

  Mr. Silverstein: No further questions, Your Honor.

  Judge Nelson: Very well then, we will take our morning recess. Members of the jury, please keep in mind my instructions to you related to discussion of this case with each other or anyone else. We’ll take a fifteen-minute recess and be back here at 10:15.

  Agent Westmore rubbed his eyes and decided right then and there, that if he ever had a chance to pass through Edgewood and meet Judge Nelson in person, he’d thank the man for his uncanny good timing at knowing exactly when several cups of coffee would make their demands known. He put the transcript back into his briefcase, left enough money on the table to pay his tab, plus a generous tip, and headed for the men’s restroom.

  It may or may not have amused the agent to know that many years prior, only a few feet from where he stood in the men’s room of The Golden Spike Restaurant & Hotel, a tough and independent mountain man and trapper by the name of Miles Goodyear had frequently answered the very same call of nature the agent was now attending to. Miles Goodyear had, of course, answered that call under the open sky of what was then the emerging Utah Territory. During such activities, the trapper could often hear the song of the Western Meadowlark being sung from some distant tree. In this case, the agent only heard the whirring of a small and dusty fan in the ceiling of the men’s room.

  He left the restaurant and retired to his second-floor room, overlooking the parking lot and the asphalt-covered history of Ogden. Out of habit, he parted the drapes with his hands just enough to glance out at his locked car one last time for the evening. Although it was Saturday night and not especially late, it had been a long day. The many miles of driving in the rain and the earlier traffic jam and accident had taken their toll. Sleep would be the only thing that could put a distance between him and the day.

  The agent was too tired to even bother fixing himself his customary evening drink. After washing up, the last thing he remembered before his head hit the semi-softness of yet another hotel room pillow was removing his holstered Glock 21 and hanging it over the edge of his bedpost.