Bloodville

by Don Bullis

  Wilcoxson jumped to his feet. ―I object, your honor. Mr. Pratt is badgering the witness.‖

  ―Yes he is. Objection sustained. The witness answered your question, Mr. Pratt, now move along.‖

  ―Yes sir. When was the first time you saw Mr. Bunting?‖

  ―That Sunday night. Kind of late.‖

  ―And what were the circumstances of that meeting?‖

  ―Charlie Scarberry brought him to the trading post for me to look at.‖

  ―The reference is to Charles Scarberry, deputy chief of the New Mexico State Police Department?‖

  ―Yes.‖

  ―And you told him Mr. Bunting resembled the killer and then Mr. Bunting was arrested and charged with the crimes. Is that right?‖

  ―Objection, your honor. This witness would have no first-hand knowledge of how Mr. Bunting was processed through the criminal justice system.‖

  ―Sustained. Mr. Pratt, you seem to have milked this point dry. Move on to something else.‖

  ―Mrs. Rice, how many times do you think you've related the events of Saturday evening, November 18th, 1967? How many times have you told the story?‖

  ―Oh lord, sir. I don't know. A lot of times.‖

  ―How many? Five? Ten? Fifteen? More?‖

  ―I guess ten times, or twelve maybe.‖

  ―You told it five or six times to the psychiatrist, Dr. McArthur, and the hypnotist, Mr. Gold, didn't you?‖

  ―I guess I did.‖

  ―Do you think the way you describe the events of that night has changed as you've gone along, over the months?‖

  ―I don't think so. I've got a pretty good memory and I just told everyone what I remember, and I think I remember it all.‖

  ―Why do you suppose the authorities wanted you go undergo psychiatric and hypnotic therapy?‖

  ―Objection. He's asking her to say what was in someone else's mind. She couldn't know the answer.‖

  ―Sustained. Rephrase the question, Mr. Pratt.‖

  ―Yes sir. Mrs. Rice, who first suggested that you undergo hypnosis?‖

  ―Mr. Spurlock. Officer Spurlock.‖

  ―And what did he tell you about it?‖

  ―He just said it was part of the investigation. I said I'd do whatever I could to help. He took me to see Dr. McArthur and Sol Gold.‖

  ―And what did Dr. McArthur or Mr. Gold tell you about why you were being hypnotized?‖

  ―They said it was to help me remember better what happened.‖

  ―So there was some question about how good your memory of the events of November 18th really was. Is that correct?‖

  ―I don't know nothing about that. I don't think anything changed about what I remembered from that night.‖

  ―Do you remember being under hypnosis?‖

  ―Objection. Mr. Pratt knows that subjects don't remember being under hypnosis.‖

  ―Sustained.‖

  ―Mrs. Rice, do you think you were ever under hypnosis?‖

  ―To tell the lord's truth, I don't know. But if I was, it didn't change nothing so far as my memory goes.‖

  ―Thank you Mrs. Rice. I just have a couple more questions for you. Was there a large money jar, a glass bottle of some kind, taken in the robbery?‖

  ―No. We never kept anything like that around. Bud was too good with money to leave it gather dust in some jug.‖

  ―What did the robber do with the money he took from you?‖

  ―He put it into a bank money bag. Grants National Bank.‖

  ―Do you recall whether or not the gunman had blood on his person; on his hands or clothing or face, or anything like that?‖

  Flossie sat quietly for several seconds.

  ―Mrs. Rice?‖

  ―I was just thinking about that. I don't think anyone asked me that before, and I don't remember. I don't think he did. I don't remember any blood on him. There was blood all over Bud and Miss Brown, and I got blood all over myself, but I don't remember him having no blood on him, but he could have.‖

  ―Just one more thing. In your several statements, you have described the gun the killer used. Do you remember that?‖

  ―Oh, yes. He poked me with it; just kept poking me with it. Yes. I remember.‖

  Pratt picked up the gun from the prosecution table. ―Is this the gun the killer used to shoot Bud Rice and Blanche Brown, and to poke you with, to the best of your recollection?‖

  ―Yes. I'd say that was the gun.‖

  ―And yet, in your several statements, you described the gun this way.‖ Parker put the gun down and picked up a police report. ―‗It didn't look very big but the barrel was real long and skinny and it looked like it had a ring around it, on the end of it. There seemed to be a ring above the handle, too. The handle was long and narrow. The gun was black.‘ You said you'd never seen a gun like it.‖ The lawyer picked up the gun. ―That doesn't describe this gun, does it?‖

  Flossie was silent for five seconds.

  ―Mrs. Rice?‖

  ―I don't know.‖

  ―Can you see a long skinny barrel on this weapon?‖

  Another long pause. ―I guess not.‖

  ―Is there a ring around the end of the barrel?‖

  ―No. I don't see it.‖

  ―Mrs. Rice, is this the gun used by the man who robbed the Budville Trading Post in November, 1967? Is this the gun he poked you with.‖

  ―Objection,‖ Wilcoxson said, getting to his feet. ―Asked and answered.‖

  ―I'm going to allow it. Answer the question, Mrs. Rice.‖

  Flossie sat erect in the witness chair, her shoulders back, her hands folded in her lap. She looked at Wilcoxson, asking for help with her eyes. None arrived. She bowed her head, almost as if at prayer. ―I don't remember,‖ she said meekly.

  ―Thank you Mrs. Rice. That'll be all.‖

  ―Redirect, Mr. Wilcoxson?‖

  ―Yes sir. One question. Mrs. Rice, did you ever, at any time, say, with reference to Mr. Larry Bunting, that he was the man who killed Bud Rice and Blanche Brown?‖

  ―No sir. I didn't.‖

  ―And you maintain that Billy Ray White, seated in this very room, is the man who did kill Mr. Rice and Miss Brown?‖

  She looked at Billy Ray. ―He did it. He killed them.‖

  ―Thank you.‖

  ―You can step down, Mrs. Rice,‖ Judge Ziram said. ―How are we doing on witnesses, Mr. Wilcoxson?‖

  ―The state will offer the testimony of two additional witnesses, your honor.‖

  ―How long will they take?‖

  ―I expect to finish up tomorrow. Mid afternoon at the latest.‖

  ―Good. We're right on schedule. You'll be ready, Mr. Pratt?‖

  ―Ready, willing and able your honor.‖

  ―Good. We'll take our afternoon recess before the state's next witness. Adjourned for fifteen minutes.‖

  As usual, Wilcoxson had a cigarette in his mouth and was out the door before the judge left the bench. Elkins put handcuffs on Billy Ray and led him out the door as the jury filed into their special room. John Cook sat down in an empty chair at the defense table.

  ―You were right on the gun deal. I missed it. She was describing a German Luger. They have long skinny barrels and the sight is mounted on a ring at the end. You done good on that one, Park.‖

  ―Thank you. All praise appreciated.‖ Pratt lowered his head, and his voice, and Cook leaned close to hear what he was saying. ―John, I want you to forget about getting me a transcript of Flossie's testimony. I won't need it now. But I do want you to do something for me, and I don't care how you go about it. I want the word out that I intend to put Billy Ray on the stand to testify in his own defense. I want it known that he‘ll be the cornerstone of my case and my last witness.‖

  ―Will he for a fact?‖

  ―Of course he will. You don't think I'd want a false impression floating around the courthouse halls. I do, however, reserve the right to change my mind.‖

  Wilcoxson found S
purlock in the hallway. The lawyer took the cop by the elbow led him to a corner near a stairwell. Doc went along rather than create a scene.

  ―Goddamnit, Spurlock, why didn't you tip me off about the gun deal? I don't have any way to rebut now.‖

  ―Me? You had all the reports. Why didn't you pick up on it?‖

  ―What the hell do you mean by that?‖

  ―I mean I made a note on my report that the gun we fished out o‘ the drink didn't match the gun Flossie described in her statement. It mighta helped if you hadn‘t stopped talkin‘ to me back in March.‖

  ―You mean to tell me you deliberately withheld....‖

  ―You had all my reports. If you missed it, it ain't my fault. I‘ll tell you somethin‘ else, too: I hear you blamed me for withholdin‘ the color photographs. You know damn well you‘ve had them since the day after they were developed.‖

  ―Your word against mine. You‘re trying to torpedo me and this case, aren‘t you?‖

  ―Nope. I'd happily put the noose around Billy Ray's neck and lead the horse out from underneath him. No doubt in my mind he's guilty as hell.‖

  ―That's what you say to my face.‖ Wilcoxson sucked furiously on his cigarette. ―Hell, Spurlock. I used to be a cop. I'm one of you.‖

  ―You‘re no kind o‘ lawman. You‘re nothin‘ but a gun-packin‘ jackleg. I‘ve seen botflies with more quality than you got.‖ Doc turned and walked away, back into the courtroom.

    

  During the noon recess in the trial‘s second day, with banging and clattering like an anvil band, the ancient courthouse furnace returned to duty. The portable heaters were removed and the ceiling fans turned off. The building's heating system seemed determined to make up for lost time and operated continuously. As Dave Sipe took the stand, the temperature in the courtroom approached eighty degrees.

  Sipe's hair had been neatly trimmed and he was clean shaven. He wore a white button-down oxford cloth shirt, tieless and open by three buttons. He kept his shirt cuffs rolled back over his forearms so his tattoos were clearly visible. He slouched in the witness chair, his feet extended out in front of him, as he recited his participation in the events before and after November 18, 1967. Wilcoxson led him through it as he repeated, item by item, the things he'd said when he gave his first statement to Budwister and Spurlock nearly a year before.

  Sipe's mother sat among other spectators in the far corner, back row of courtroom pews. She didn‘t want Dave to see her but she was determined to see him, to hear what he‘d say to the court. She‘d raised Dave Jr. as well as she could—David Sipe, Sr., a stock-broker, died less than a year after the boy was born and left her a boodle of money—but her patience had worn thin. Young Dave wouldn‘t work at a steady job, wouldn‘t move out and get a life of his own. He always seemed to be in trouble with the law, and she despised the tattoos on his body; a body she considered a part of her own. Dave didn‘t expect his mother in the courtroom and so preoccupied was he with his courtroom performance, and Billy Ray White's hard stare, he never noticed her. Her identity was also obscured by dark glasses and the babushka and dark coat she wore made her look like a Slovakian farmwife. She was normally tastefully dressed and well coiffured.

  Toward the end of his examination, Wilcoxson orchestrated the following: ―Mr. Sipe, did the defendant in this case, Mr. Stirling or White, did he ever, within your hearing, admit to the killings of Bud Rice and Blanche Brown?‖

  ―What he said was, the morning afterwards, he said, ‗I had to wipe out a coupla people last night.‘‖

  ―And you took that to mean he killed the two people in question?‖

  ―Yeah.‖

  ―Now then, Mr. Sipe,‖ Wilcoxson asked, ―is the man who made this admission to you here in the courtroom today?‖

  ―Yes he is.‖

  ―Point him out to the court.‖

  Sipe pointed to the defense table, to Billy Ray. Billy Ray, for his part, made constant eye contact with Sipe. The expression on his face revealed nothing. Sipe turned his eyes away, looking at the judge as if for approval. The judge's expression likewise revealed nothing.

  ―You're certain of your identification?‖

  ―Yeah. That's Billy Ray.‖

  ―I have no further questions of the witness, your honor.‖ ―Mr. Pratt?‖

  ―Yes sir. A few questions.‖

  ―How long do you anticipate?‖

  ―No more than an hour, your honor.‖

  ―Cross examination can wait until morning. When they fix a furnace in Valencia County, they do it up right. It must be a hundred degrees in here. We'll adjourn until eight-thirty. I'll visit with Mr. Jaramillo and see if we can find a happy medium between igloo and sauna before then.‖

  CHAPTER III

  The cold spell relented a little but on Wednesday morning the courtroom was cold again and the electric heaters had returned. The furnace worked fine, Jaramillo told Judge Ziram, but the thermostat only functioned at two speeds: full-blast or off entirely. The janitor decided to turn it off and replace it. Repairs expected by noon.

  Sipe returned to the stand and Pratt began his cross-examination. ―Mr. Sipe, what do you do for a living?‖

  ―Objection,‖ Wilcoxson said. ―Relevance?‖

  ―Goes to credibility, your honor. I think the jury deserves to know a little more about the witness.‖

  ―I'll overrule the objection. Witness will answer the question.‖

  ―I used to work for a car dealer. I was like a night watchman and I detailed cars sometimes.‖

  ―You don't work there any more?‖

  ―No.‖

  ―Why not?‖

  ―Old Drymaple got arrested and went out of business.‖ ―What'd he get arrested for?‖

  ―Fencing.‖

  ―By that you mean he purchased and sold stolen property? That

  kind of fencing?‖

  ―Yeah.‖

  ―You didn't have anything to do with that end of the operation,

  though, did you?‖

  ―I didn't get arrested, did I?‖ Sipe asked the question with a smug

  smile on his face.

  ―I don‘t know, Mr. Sipe. When did you last get arrested?‖

  ―Objection. His criminal record, or lack of it, is not relevant.‖ ―Same argument, your honor. Credibility.‖

  ―I'm not sure that works here, Mr. Pratt. Objection sustained.‖ ―Mr. Sipe, were you arrested as a suspect in this case?‖ Wilcoxson sprang to his feet. ―Your honor, you just....‖ Judge Ziram rested his chin on his fist. ―Care to explain yourself,

  Mr. Pratt?‖

  ―Your honor, we've already heard testimony about another subject

  arrested and charged in this case in the person of Larry Bunting. I

  think it is only proper that we discover just how many men have been

  arrested for this crime, especially in light of the fact that only one

  man, Billy Ray White, stands charged with the crime before this

  court.‖

  ―I'll allow the question.‖

  ―Yeah. Last March.‖

  ―What were you charged with?‖

  ―Accessory to murder.‖

  ―Involving the case of Bud Rice and Blanche Brown?‖ ―Yeah.‖

  ―What's the status of the charges against you?‖

  ―They're, you know, they call it pending.‖

  ―Let's get to the nub of the matter, Mr. Sipe. Do you have a deal

  with the District Attorney's office regarding your testimony and your

  participation in the prosecution of Billy Ray White?‖

  Sipe remained silent and looked toward Wilcoxson for guidance.

  After a short time, Wilcoxson stood, but didn't say anything. ―Sit down, Mr. Wilcoxson,‖ Judge Ziram said. ―Witness is instructed to answer the question.‖

  ―Yeah. Well, ah, yeah. We do have.‖

  ―And what are the terms of it?‖

  ―My lawyer said that if I testif
ied truthfully, then the charges

  against me would be dropped.‖

  ―And if you lie?‖

  ―They‘d be filed again.‖

  ―I see. With that in mind—testifying truthfully—let me ask you

  this, Mr. Sipe: are you a professional criminal? Isn't crime the way in

  which you earn.... Let me rephrase that. Don't you live off the

  proceeds of your own criminal activity?‖

  Sipe looked to Wilcoxson again but the ADA lowered his eyes.

  ―Yeah. I'm a criminal.‖

  ―And weren‘t you charged with armed robbery and attempted

  murder in the town of Estancia within the past two years?‖ ―Yeah, but I was....‖

  ―Object your honor. Mr. Pratt did an end run on my previous objection and your sustainment of it.‖

  ―Mr. Pratt....‖

  ―I'm finished with this so-called witness, your honor.‖ ―Objection, your honor. That was a cheap shot.‖

  ―Yes it was. Sustained. Strike the words 'so-called' from the record.

  Redirect, Mr. Wilcoxson?‖

  ―Yes sir. Mr. Sipe, bearing in mind your agreement with my office,

  have you testified truthfully here today in every detail?‖

  ―Everything I said was the god's honest truth.‖

  ―Thank you. You may step down.‖

  Mrs. David Sipe, Sr. remained in the courtroom for fifteen minutes

  after her son left. She didn't want to run into him in the hallway. Then

  she drove home to Albuquerque's North Valley. She took a long, hot

  shower and then she sat quietly alone at her kitchen table for a long

  while. She knew a change in her life, and her son's, was required. She

  just wasn't sure what form it should take.

  Wilcoxson spent the remainder of Wednesday morning with direct examination of Joe Peters. After he swore not to lie, the story he told was consistent with the one Dave Sipe told right down to the last date and detail. Peters bothered to dress for the occasion. He wore a green sweater over a white oxford cloth shirt and his corduroy trousers were clean. He crossed his legs and spoke directly to the jury with a considerable degree of arrogance.

  At the end of his examination, Wilcoxson asked, ―Mr. Peters, did the defendant in this case admit that he killed two people?‖