Delayed Justice

by Constance Bretes

  “Does the defense wish to make an opening statement?” the judge asked.

  “Yes, Your Honor,” replied Mr. Yates. “The prosecutor says that they will present to you proof of my client’s guilt using a partial fingerprint, and a witness testimony that we, the defense, will cross-exam and prove otherwise. We will be bringing in witnesses to the character of my client, and also present to you a fingerprint expert who will testify that fingerprints cannot always tie someone to a crime scene. In the end, what we will prove to you is reasonable doubt, and with reasonable doubt, you cannot return with a guilty verdict. Thank you, Your Honor.” Mr. Yates sat down at the defense table.

  The judge then asked Dani, “Are you ready to begin with your witnesses?”

  “Yes, Your Honor. At this time I’d like to call forensic technician Robert Duncan to the stand.”

  Robert Duncan came to the front of the stand and held up his right hand, placed his left hand on the Bible, and swore the oath before being seated in the witness box.

  “Please state your name and your title, and tell us what you do,” Dani requested.

  “My name is Robert Duncan, and I’m a forensic technician for the State of Montana. My job is to examine and identify physical evidence to reconstruct a crime scene.”

  “What exactly are some of the physical evidence that you would be reconstructing?” Dani asked.

  “I would look at evidence such as serology, DNA typing, trace evidence, firearms and tool marks, impression marks, and drug identification.”

  “What kind of evidence were you looking for at this crime scene?”

  “We were looking for evidence to determine the type of bomb used and how it exploded.”

  “Tell us what you found.” Dani motioned for him to continue.

  “We found a lot of sharp objects. There were nails, broken glass, and shrapnel. We collected all the pieces we could, and pieced them together and determined that the bomb used at Glacier Pharmacy is what we commonly call a pipe bomb. In this pipe bomb, the perpetrator used a short section of steel water pipe containing the explosive mixture and closed at both ends with brass caps. A fuse was inserted into the pipe with a lead running out through a hole in the capped end of the pipe. The fuse contained electrical wires that led to a timer. In addition to all the pieces being collected and put together, we also dusted the items for fingerprints and found one thumbprint on one of the steel water pipes.”

  “Did you find anything else at the crime scene besides the thumbprint?”

  “Yes, we found fingerprints belonging to Ms. Sami Parker. Eventually we found that the reason her print was on some of the scattered pieces was because, after the explosion, pieces of the bomb were underneath Ms. Parker. She tried to get up after the bomb exploded, but due to her injuries, she wasn’t able to, and as she attempted to crawl to safety her prints were left on some of the pieces,” Robert replied.

  “Did you originally suspect that Ms. Parker planted the bomb?” Dani asked, looking at the jury.

  “Yes, we originally thought, because of the way the explosion scattered, that she may have had something to do with it and that the bomb ignited prematurely, causing injuries to herself.”

  “What made you change your theory on this?” Dani asked, walking toward the witness box.

  “Carol Shields received the brunt of the blast, which means she was closer to the bomb. The explosion pushed Ms. Shields about twenty yards pass Ms. Parker. Ms. Shields died as a direct result of the explosion, while Ms. Parker survived the attack which indicated that she was farther away from the explosion. It didn’t blast her away from her location as it did with Ms. Shields. Additionally, Ms. Parker stated that she saw two men just before the bomb went off, and we were able to find one undetermined fingerprint on one of the pieces of the bomb that we reconstructed.”

  “Did you match the fingerprint found at the crime scene to the defendant?” Dani asked.

  “Yes, we did.”

  “There is some controversy over the use of fingerprinting. Tell us what method you used, and how reliable is it?”

  “The fingerprint type that we found at the crime scene is called a latent print. Latent prints are fractions of a fingerprint, such as a smudge or a distorted print. It can also be overlapped by prints from other individuals. Errors can be made when making comparisons with latent prints because latent prints don’t provide enough clarity or enough content. A fingerprint taken under a controlled setting provides details such as patterns of ridges and grooves of the finger that you wouldn’t get with a latent print. In the case of latent prints, we use it in conjunction with other evidence. In this particular case, we used the latent print with other evidence after the suspect was already arrested in another state for a bomb that was designed exactly like the one that exploded here in Milne City.”

  “What other evidence did you find relating to this case?” Dani asked.

  “When the bomb went off in Wyoming, Sheriff Robertson obtained a warrant to search the premises of Mrs. Gloria Wilkes, where the defendant also lived.”

  “What did you find there?”

  “We found remnants of a steel water pipe, some additional brass caps, some electrical wires, and we found black powder—the kind that was used in the Glacier Pharmacy explosion. All the evidence was taken back to the forensic lab and analyzed.”

  “What was your analysis?” Dani asked.

  “We were able to match one end of a steel pipe found at the Glacier Pharmacy explosion with the steel end we found at Mrs. Wilkes’s residence. We found pieces of the brass caps that had a production number on it in the explosion at Glacier Pharmacy. The brass caps found at Mrs. Wilkes’s garage matched. They had the same production number, and in the box of twenty brass caps, four were missing. The electrical wires and the black powder used at the pharmacy explosion also matched what was in the garage.”

  “What about shrapnel?” Dani asked.

  “We found one and two inch nails that were consistent with what was at the crime scene. There was also a lot of ammo there—buckshots, pellets, broken glass, some screws and metal objects. We were able to determine that all the items there were consistent and the same as what was found at the bombing site. We also found a receipt from Milne Hardware that showed all the items we found were purchased two weeks before the bomb went off at the pharmacy.”

  “Please let the court show that this is exhibit A.” Dani showed the receipt, which was in a sheet protector, to the jury and then handed it to the judge.

  “So noted,” Judge Harding said.

  “Were you able to find any fingerprint evidence?” Dani asked Mr. Duncan.

  “No.”

  “Thank you. I have no further questions for this witness.”

  “Does the defense wish to cross-exam?” Judge Harding asked.

  * * * *

  “Yes, Your Honor,” said Wilkes’s attorney, Mr. Yates. “Mr. Duncan, at first you claimed that Ms. Parker planted the bomb, then you say she didn’t, mostly because she said she didn’t do it?”

  “No, we found she didn’t do it because of the evidence that I just explained a few minutes ago,” Robert answered.

  “You claim then, that you found her fingerprints all over the crime scene area, but only found one fingerprint on one tiny item that you say is a match to my client. Is that so?” Mr. Yates continued to argue.

  “Ms. Parker’s fingerprints were only confined to the area that was beneath her, and that is consistent with her trying to get up and move. She cut her hands as a result of it. Her fingerprints were not found at any other location,” Robert stated patiently.

  “How many points of similarity would you say you found on this particular fingerprint that you claim matches the defendant?”

  “I matched twenty points of similarity,” Robert explained.

  “You claim the receipt that was submitted into evidence was for items found in the garage and they were used to make the bomb. How do you know what the receipt was for?”

>   “We were able to match the price label and item number on the brass caps package with the price and label number on the receipt.”

  “Finding the receipt does not mean that my client purchased the items,” Mr. Yates continued.

  “There were two sets of fingerprints on the receipt, one set was from your client, and the other set of prints was undetermined.”

  “Can you actually put my client at the Milne Hardware store at that specific date purchasing those items on the receipt?”

  “No. I cannot say that the defendant was at the hardware store at that specific date to purchase those items.”

  “I’ve no further questions, Your Honor.”

  * * * *

  The judge looked at Dani. “You may call your next witness.”

  “At this time, I’d like to call Dr. Andrew Murray, County Medical Examiner.”

  Dr. Murray walked up to the stand and took his oath and sat down.

  “Please state your name and occupation for the record,” Dani requested.

  “My name is Dr. Andrew Murray. I’m a forensic medical examiner for Big Horn County.”

  “Thank you. Five years ago, did you perform an autopsy on the body of Ms. Carol Shields?” Dani asked.

  “Yes, I did.”

  “Could you please share your findings of that autopsy with the court?” Dani asked.

  “When Ms. Carol Shields, the deceased, was brought to the morgue, she had nails, glass, and shrapnel imbedded in her body. The impact appeared mostly to her chest area, abdomen, and her face. I concluded the cause of death as shrapnel that cut the main femoral artery and she bled out. Based on the impact, we determined that she stood within two feet of the explosion. The impact blew her body across the aisle to the other side of where Ms. Parker landed.”

  “What other information can you tell us about Carol Shields?” Dani asked.

  “We found out that Ms. Shields was also twelve weeks pregnant. A DNA typing done after the defendant was extradited here from Wyoming determined that the defendant, Thomas Wilkes, was the father of the fetus.”

  Sami perched up, surprised by this declaration. She knew Carol Shields was pregnant, but she didn’t know Wilkes was the father. She wondered if Makeeta knew that. She looked over at him, and he just stared ahead at the medical examiner.

  * * * *

  “Does the defense wish to cross-exam?” Judge Harding asked.

  “Ah, yes, Your Honor. Dr. Murray, did your autopsy suggest that my client planted the bomb that killed Ms. Shields?”

  “No, the autopsy does not show specifically that your client planted the bomb,” Dr. Murray said.

  “So why would Tom Wilkes plant a bomb to kill the woman that was carrying his child?”

  “Objection.” Dani stood up.

  “Withdrawn. Thank you, Doctor. No more questions at this time, Your Honor.”

  * * * *

  Judge Harding said, “We shall recess for lunch until one o’clock this afternoon.”

  “All rise,” the bailiff said. The judge rose and left the courtroom, and then everyone else scattered.

  Makeeta murmured quietly, “I have to go to the office for a while. I’ll see you later.”

  “Okay.” Sami wandered out of the courtroom into the hall.

  She moved off to one side and watched as Makeeta walked to the elevators. He disappeared with the crowd as they entered it. She proceeded to make her way over to the elevator to go down to the tiny cafeteria on the main floor.

  On her way to the elevators, a reporter stopped her. “Oh, hello there, you’re Sami Parker. How do you think the trial is progressing?” she asked with pencil in hand.

  “I have no comment, so please don’t pester me.” Sami moved forward but the reporter kept at her heels.

  “You must have some thoughts about it. Does the sheriff or the district attorney think you have anything to do with the crime?”

  Sami hesitated. “The district attorney and the sheriff have stated that they do not suspect me of having anything to do with this crime. I do not know the defendant, nor do I have any reason to harm anyone. Now, if you’ll excuse me, I’d like to be left alone.”

  Sami got into the elevator and rode it down to the main floor and entered the cafeteria. She bought a sandwich and some water and took a seat at a corner table. As she stared out the cafeteria window, a voice interrupted her thoughts.

  “Ms. Parker?”

  Sami looked up to see Mrs. Shields standing next to her.

  “You don’t know me, but I’m Carol’s mother, and I wanted to tell you that I appreciate you taking the time to testify and helping to put this man in prison. I know it must be terribly painful for you. You’ve been under a lot of suspicion, and I don’t believe that you had anything to do with the bombing.”

  Sami stared at Mrs. Shields silently for a moment, then said, “Thank you. That’s very nice of you to say. Not many in this town share your belief. I do want to see Mr. Wilkes pay for his crime. So many people have been injured, not to mention, your daughter being killed. I’ll do my best to help try to convict him.”

  Mrs. Shields gave Sami a sad smile. “Thank you again.”

  That woman has lost much, Sami thought as she watched her walk away. At least Sami was alive. Even with the scars, she was surviving.

  * * * *

  When the afternoon session came to order, Dani called Cathy Shields to the stand. She was sworn in and took a seat in the witness box.

  “Please state your name, relationship to the deceased, and occupation for the record,” Dani instructed.

  “My name is Cathy Shields. I’m Carol Shields’s older sister, and I’m a hairdresser at Creative Hair Designs.”

  “Cathy, did you know about your sister’s pregnancy?”

  “Yes, I did,” Cathy replied.

  “Did she confide in you what she planned to do about the pregnancy?”

  “Yes, she wanted to terminate the pregnancy. She said the father of the baby was not her fiancé, Makeeta Robertson, but was someone else she’d had an affair with.”

  “Did you try to talk her out of it?”

  “Yes, I did. But once I saw that look on her face, I knew there was no changing her mind.”

  “So you were pretty sure then just before the bombing incident that she planned to have an abortion.”

  “Yes. She never wavered.” Cathy looked straight at Sami, glaring at her. Sami felt sure that Cathy was going to start making accusations at her right there in court.

  “Cathy, did your parents know that Carol was pregnant?”

  “No, they didn’t know until I told them, after she died. I knew the medical examiner was going to find out and tell them, and I felt it was better they heard from me first.”

  “So, despite this secret that she kept from her parents, there were no problems or issues going on in her personal life? Did she indicate that anyone might want to hurt her for any reason?”

  “No. No problems or issues except the unwanted pregnancy,” Cathy replied, still glaring at Sami.

  “I’ve no more questions, Your Honor,” Dani stated.

  * * * *

  “Counselor?” Judge Harding motioned to Mr. Yates.

  “Yes, Your Honor. When did you see your sister last before the bombing took place, Ms. Shields?”

  “About seven or eight days before.”

  “So in that time she could have changed her mind about terminating the pregnancy. In fact, you can’t really be sure if she wavered about having the baby.”

  “I’m certain she was going to terminate the pregnancy. The last time I talked to her she asked if she could borrow money from me to cover the cost.”

  “What if she decided not to have the abortion and then keep the money for herself?” Mr. Yates said.

  “No, you got it wrong, Carol didn’t act like that. She would never borrow money from me unless she needed it, and she always paid me back.”

  * * * *

  Next Dani called Donna Koon to the
stand.

  “Please state your name and where you work for the record,” Dani requested.

  “My name is Donna Koon, and I’m a counselor for the Family Planning Clinic.”

  “What is the scope of your work?” Dani stood near the prosecutor’s table and looked at Donna Koon.

  “I counsel young women who come in wanting abortions,” Ms. Koon responded as she looked at the jury.

  “Did you have a patient by the name of Carol Shields come to you?” Dani asked.

  “Yes, I met with Carol Shields a couple of times.”

  “What were the reasons for these meetings?” Dani walked slowly over to the witness box.