Bloodville

by Don Bullis

  ―Objection your honor. Relevance.‖

  ―Your honor, it goes to credibility. Mr. Pratt used the argument on my witnesses, it's only fair I get the same latitude.‖

  ―Objection overruled.‖

  ―I'm a hostess.‖

  ―I see. Wouldn't it be more accurate to say you're a prostitute?‖

  ―Objection. The question was asked and answered. Besides, Mr. Wilcoxson is unnecessarily badgering the witness.‖

  ―Sustained.‖

  ―Miss Bohannon, have you ever been arrested for prostitution?‖

  ―Your honor,‖ Pratt said.

  ―Again,‖ Wilcoxson said, ―defense counsel was allowed to ask these questions of my witnesses, so....‖

  ―The witness will answer.‖

  ―Yes.‖

  ―How many times?‖

  ―Six.‖

  ―How many convictions?‖

  ―Five.‖

  ―And isn't it true you served a year in the Madison County jail for larceny?‖

  ―Yes.‖

  ―And isn't it also true that Eric Kendrick was your pimp and your lover.‖

  ―Yes.‖

  ―I have no further questions for this witness.‖

  ―Redirect, Mr. Pratt?‖

  ―Just one question. Miss Bohannon, would you perjure yourself for Mr. Kendrick?‖

  ―No I would not! I saw that movie, I Want to Live! about Barbara Graham. She perjured herself and then she ended up going to the gas chamber. No sir. I would not lie on the stand for anyone.‖

  ―Thank you.‖

  Every male eye in the room followed Lady Lydia‘s exit.

  ―The defense calls Cody Miles to the stand.‖

  A short man with a slight build, Miles wore his neatly pressed, gray bus driver's uniform into court. It was obvious to all that Mr. Miles took himself very seriously.

  The preliminaries out of the way, Pratt asked, ―Mr. Miles, you were in Budville, New Mexico, on the evening of November 18, 1967. Would you tell the court what you saw there?‖

  ―That's the thing, sir. I didn't see nothing but an old pickup truck headed toward Albuquerque. It pulled out of Rice‘s place right in front of me. Hunting season was on. Everything was real quiet.‖

  ―Were there lights on at the Budville Trading Post?‖

  ―Seems to me the gas pumps was on but the store was dark. Surprised me. Rice didn't usually close up that early.‖

  ―Did you see anyone around the trading post that night?‖

  ―I didn't see a soul in Budville that night.‖

  ―What about vehicles?‖

  ―There was one or two pickups at Scottie's and maybe a couple cars at one of the bars. That's all.‖

  ―What about the trading post?‖

  ―Rice's wreckers was parked out in front.‖

  ―No other cars or trucks?‖

  ―Not besides that old junk pickup that pulled out.‖

  ―Mr. Miles, is it correct to say, then, that you did not see a light colored sedan at the Budville Trading Post or anywhere else in or around Budville on the night of November 18th.‖

  ―That's right. I never saw a light colored sedan of any kind.‖

  ―What about on the road from Laguna Pueblo to Budville? You see any light colored car along the way?‖

  ―No sir. Not that I recall.‖

  ―Where you questioned by the police after November 18th?‖

  ―No one talked to me about the murders until Mr. Cook came to see me at the bus barn a month or so ago. I told him what I saw and then he sent me a paper to sign in front of a notary public. And I did. Sent it back to you.‖

  ―So as far as you know, then, the State Police had no knowledge of the old pickup you saw in Budville on the night the murders took place.‖

  ―I never told anyone. Never had no reason to. No one asked.‖

  ―Thank you, Mr. Miles. Your witness.‖

  Wilcoxson stood before the witness, his arms folded across his chest. ―What time did you arrive in Budville, Mr. Miles?‖

  ―Seven-forty-seven p.m., according to my log.‖

  ―You didn't pick up any passengers did you? You didn't stop?‖

  ―Nope. I didn't load any passengers 'til I got to Grants.‖

  ―So how long do you think you were in the village of Budville that night?‖

  ―As long as it takes to drive through town.‖

  ―What would that be? A minute? Two at the most?‖

  ―I guess. The town's not very big.‖

  ―So it's your testimony that you spent a couple of minutes in Budville nearly a year and a half ago and you maintain a complete and comprehensive mental picture of what you saw, including this alleged, phantom pickup?‖

  ―I know what I saw.‖

  ―I'm sure you do. No further questions.‖

    

  John Cook quietly took a seat beside Pratt. ―I hope you‘re not counting on anything Pete Garza had to offer,‖ he whispered.

  ―Why?‖

  ―He‘s gone. He was here, at the courthouse. Yesterday. I saw him. Talked to him. I haven‘t seen him since. I did some checking around. Seems he suddenly had business to tend to in Old Mexico.‖

  ―I guess we‘ll have to manage, John. Thanks.‖

  Pratt stood. ―Call Charles Scarberry. Your honor, I'd like permission to treat Colonel Scarberry as a hostile witness.‖

  ―He's your witness, Mr. Pratt. We'll wait and see if he's hostile.‖

  The Deputy Chief made his way to the stand. By comparison, Cody Miles looked better in his uniform than Scarberry did in his. The black State Police coat with gray trim appeared ill-fitting and remained unbuttoned. His black necktie extended only half the distance between collar and belt buckle over a protruding belly. Sweat beaded on the deputy chief‘s bald head. Scarberry glowered at Pratt as if attempting to intimidate him.

  ―Col. Scarberry,‖ Pratt began, ―would you tell the court how you were involved in the Rice and Brown murder case investigation.‖

  ―I ran it. I took personal command.‖

  ―That doesn't mean you did the actual investigation, does it?‖

  ―No. I had over-all command.‖

  ―Does that mean you made all the key decisions at the scene on the night of November 18th, 1967.‖

  ―It does.‖

  ―Agent Spurlock earlier testified that the bodies had been moved before he arrived at the scene. Did you order them removed?‖

  ―I did.‖

  ―Why did you do that? Is it standard procedure to move bodies before the investigating officer in charge has a chance to see them?‖

  ―Spurlock wasn‘t in charge of nothin‘. I was. And next down the pecking order was Captain Torrez.‖

  ―Very well. But why did you have them moved. I‘d think....‖

  ―It was too hard on Flossie to be there with them bodies. As soon as the hearse got there, I ordered them took out.‖

  ―You consider that good investigative procedure?‖

  ―I made the decision as deputy chief of the New Mexico State Police and I stand by it.‖

  ―I see. Was placement of roadblocks something else you made decisions about?‖

  ―As I recall, Officer McGee first requested roadblocks from Sergeant North and he requested approval from Lieutenant Candelaria who ordered some of them, and Captain Torrez and I ordered the remainder. Proper procedure was followed. I demand that.‖

  ―How many were set up?‖

  Scarberry was impatient. ―I don't remember exactly. Ten or twelve. I had roadblocks backing up roadblocks.‖

  ―Captain Torrez, as a part of his report, included a list of roadblock locations and the times they were put into place. Have you seen that report, Colonel Scarberry?‖

  ―I don‘t have time to read crime reports.‖

  ―I see. According to news reports at the time, you said you had a complete network of roadblocks in place within twenty minutes of the time they were first request
ed. Is that correct? Twenty minutes?‖

  ―Yes. We have contingency plans to handle such situations.‖

  ―Let's do a bit of reconstruction, Colonel, if you don't mind. According to State Police reports and radio logs, Officer McGee was notified of the Rice/Brown murders at 7:55 p.m. Shortly afterward, he requested roadblocks. Let's say no later than 8:00 p.m. Your testimony would be, then, that roadblocks were in place by 8:20. Would that be accurate?‖

  ―No later than that,‖ Scarberry said smugly.

  ―So when Larry Bunting was picked up at a roadblock east of Grants on the Sunday evening after the crimes were committed, you assumed that he‘d been within your perimeter of roadblocks for the preceding twenty-seven hours. Is that correct?‖

  ―Yes.... Well, I don't know that anybody thought about it.‖

  ―Let me get to the point, Colonel. Based on your long experience, and your familiarity with State Police contingency plans, how do you suppose a stranger to this part of the country, to the Budville area, would go about avoiding your roadblocks? In other words, how would Billy Ray White, or anyone else, get around them and get back to Albuquerque? He certainly didn‘t make it from Budville to Albuquerque in twenty minutes or less.‖

  ―Objection. Calls for speculation.‖

  ―He's asking for a professional opinion. I'll allow it.‖

  Scarberry hated the question so he went on the offensive. ―The killer would‘a had more than twenty minutes!‖

  ―Let‘s explore that,‖ Pratt said. ―Let‘s assume the killings occurred at 7:45 even though it was probably later than that. According to your testimony, you had a roadblock at nine mile hill east of Albuquerque no later than 8:20. Is that right?‖

  ―Absolutely. No later than that. That would‘a gave the killer thirty-five minutes.‖

  ―Not quite, sir. According to Capt. Torrez‘s report, the roadblock at nine mile hill was one of the first established. It was in place by 8:10. So the killer would have had less than twenty-five minutes to cover more than fifty miles, seven miles of which are two-lane highway passing through the communities of New Laguna and Old Laguna. Do you agree with that?‖

  ―Your honor,‖ Wilcoxson said, ―counsel is arguing with his own witness.‖

  ―Yes he is. Move along, Mr. Pratt.‖

  ―Now then, Chief Scarberry, again according to State Police radio logs, Officer McGee ordered roadblocks at the Rio Puerco bridge and at the east city limits of Grants, both on Interstate 40. But roadblocks were never established at those points. Isn‘t that correct?‖

  ―Contingency plans would determine where roadblocks is set up. It wouldn‘t matter what the officer asked for.‖

  ―I see. So the officer in the field, the one closest to the scene, his specific request would be ignored in favor of a general plan of action created by some bureaucrat in Santa Fe. Is that correct, Chief?‖

  Wilcoxson stood. ―I object, your honor. The internal policies of the State Police are not relevant.‖

  ―Sustained. Get back on the track, Mr. Pratt.‖

  ―Yes your honor. Did you find any white, or light colored, sedans abandoned within your perimeter of roadblocks in the hours and days following the murders?‖

  ―We did not!‖

  ―So how do you explain the fact that Billy Ray White was not captured within an hour of committing the crime?‖

  ―Objection,‖ Wilcoxson said. ―Asked and answered.‖

  ―Mr. Pratt.‖

  ―Yes sir. Reports show, Colonel, that Lt. Candelaria took Mr. Bunting from the roadblock back to Budville where you took custody of him. Is that correct?‖

  ―I was in charge. Yes.‖

  ―And did Flossie Rice positively identify Mr. Bunting at that time as the killer?‖

  ―She only said he looked similar to the killer.‖

  ―Do you mean to tell this court that you arrested a man and held him in custody for nearly three weeks just because he looked similar to someone?‖

  ―Objection,‖ Wilcoxson said. ―Whatever happened to Mr. Bunting is not material to this trial.‖

  ―You're right, Mr. Wilcoxson. It's not material, and I'm going to sustain your objection, but I sure would like to know the answer to that question myself. Move along, Mr. Pratt.‖

  ―I have nothing further, your honor.‖

  ―Cross, Mr. Wilcoxson?‖

  Wilcoxson stood and buttoned his coat. ―You are aware, Chief, are you not, that Mrs. Rice identified a picture of Billy Ray White as the killer on the morning following the murders?‖

  ―I became aware of it after the fact.‖

  ―I don‘t understand,‖ Wilcoxson said.

  ―An Albuquerque officer showed Flossie the picture that next morning, and she identified it, but that officer didn‘t tell any State Police supervisors or criminal agents about it. He kept it to himself; just left without saying nothing about it. He's the same officer that got in trouble later on for drinking on duty.‖

  ―Even so, it would be your testimony that Billy Ray White was identified as the perpetrator of this crime within a few hours of the time the crime was committed. Correct.‖

  ―That‘s correct.‖

  ―Nothing further, your honor.‖

  ―Redirect Mr. Pratt?‖

  ―Yes. You never saw the picture in question, did you Chief? The alleged picture of Billy Ray White?‖

  ―Well, no. But then I was....‖

  ―So you cannot state with certainty, of your own personal knowledge, that a picture of Billy Ray White was ever shown to Flossie Rice or anyone else, can you?‖

  Scarberry glared at Pratt. ―I saw the picture later on.‖

  ―I‘m sure you did, Colonel. Everyone in New Mexico who reads the newspaper saw it later on. I'm finished with the witness, your honor.‖

  ―You can step down, Chief. Call your next witness, Mr. Pratt.‖

  ―Your honor, the defense rests.‖

  ―Very well. Mr. Wilcoxson, you have rebuttal witnesses?‖

  Wilcoxson was pale, visibly shaken. ―Ah, yes, your honor, but I thought, that is, I thought the defense would have at least one more witness. I expected another defense witness.‖ He looked around the courtroom for Finch. He needed help and quickly.

  ―It's a little early for our lunch break, but we'll take it now anyway,‖ Judge Ziram said. ―Round up your witnesses, Mr. Wilcoxson. We'll start again at one o'clock. I'm prepared to offer the jury instructions, and I hope the two of you are about ready with your closing arguments. We're adjourned for lunch.‖

  Doc stood in the hallway outside the courtroom talking to Mo Candelaria when Deputy Chief Scarberry finished his testimony and stormed out the door. ―What the hell you doin‘ here, Spurlock? Nobody gave you permission to leave your district.‖

  ―Just curious to see what would happen. That‘s all.‖

  Scarberry‘s face was so close to Spurlock‘s that Doc could feel the deputy chief‘s spit as he shouted, ―I don‘t pay you to be curious. You get your fuckin‘ ass back to Gallup, and I mean right now!‖ ―Kiss my ass, Scarberry!‖ Doc spat back.

  ―What did you say?!‖

  ―Kiss my goat-smellin‘ ass. You get it that time?‖

  Scarberry was taken aback, literally. He moved back a half step, as

  if seeking his balance. He didn‘t realize that Doc moved, too, and the agent planted both feet firmly as he balled his fist and shifted his weight. Doc swung a strong round-house right that took Scarberry square on the mouth and snapped his head back sharply. The deputy chief of the New Mexico State Police Department landed on his back in the middle of the floor, looking up at Spurlock. Blood flowed freely from a split lower lip.

  ―Don‘t get up,‖ Doc said. ―I was just leavin‘. Oh, you probably want this.‖ He removed his badge from his coat pocket and dropped it onto Scarberry‘s chest. ―Stick it up yer ass. And if I ever see you in Chaves County, I‘ll arrest you just sure as pigs shit.‖

  Morris Candelaria shook hands with Doc. ―Go
od luck, amigo.‖

  Doc walked slowly away as Scarberry struggled to sit up. ―You‘re fired, too Candelaria,‖ he roared. ―Gimme your goddamn badge.‖

  ―I don‘t think so, chief.‖ The lieutenant walked back into the courtroom.

  Scarberry found himself alone, surrounded by strangers who eyed him with curiosity, and, he was certain, with contempt. Before he could struggle to his feet, an Albuquerque Journal photographer stepped out the court room door. The newsman snapped three quick shots of the deputy chief and fled down the stairs and away from Scarberry‘s wrath. The photo that appeared on the State Page of the morning paper showed Scarberry seated on the floor, his lips puffy and blood on his chin. The cutline read:

  DEPUTY CHIEF KO’d BY OFFICER.

  Wilcoxson didn‘t offer any rebuttal witnesses. Judge Ziram began jury instructions following lunch. He lectured the panel on the meaning of reasonable doubt and he defined the crime of murder. He discussed circumstantial evidence and immunity from prosecution.

  ―You are the sole judges of the credibility of the witnesses and of the weight to be given their testimony. If you believe that any witness has knowingly testified falsely as to any material point or fact in the case, you are at liberty to disregard the whole or any portion of the testimony of such a witness. You are also the sole judges of all questions of fact in this case.‖

  He instructed the jury on a defendant‘s right to remain silent and to not testify in his own behalf. ―The fact that the defendant did not take the stand is not to be considered, and no presumption whatever is to be raised against him on this account.‖

  He told the jury they were free to give whatever weight they chose to the fact that one of the witnesses had undergone psychiatric examination and hypnosis between the commission of the crime and the trial.

  ―Finally,‖ the judge said, ―you are instructed, ladies and gentlemen, that closing arguments of counsel are not to be taken as fact, but are merely summaries of the facts you have heard in the course of the trial. At the conclusion of closing arguments, I will hand you three forms of verdict. The first would indicate that your verdict is guilty of murder in the first degree. The second is guilty of first degree murder, but with a recommendation of life imprisonment in lieu of the death penalty. The third is not guilty. Upon retiring, you will select one of your number as foreman and when you have unanimously agreed upon a verdict, the foreman will sign the form of verdict and same will be read to an open court.