03_Cornered Coyote

by Dianne Harman

  “Yes,” Maria whispered.

  “Did you do something with that gun?”

  “Yes.”

  “Please tell the court what you did with the gun.”

  “I put it in an empty cardboard box and then put it in a trash can at a rest stop off of Interstate 10.”

  “No further questions, your Honor.”

  * * * * *

  “Court will break for lunch. We will resume at 1:30 p.m. Since both the prosecution and the defense have rested their cases, closing arguments will begin after the lunch break.”

  * * * * *

  “All rise. Court is in session,” said the bailiff as Judge Adams entered the courtroom.

  “We are now going to hear the closing arguments of each side. Mrs. Sinclair, please begin.”

  “Ladies and gentlemen of the jury, I want to thank you once again for being a part of the justice system. For several days you have heard witnesses speak for and against the defendant in this case, Maria Brooks. Let me sum up what has been said. “

  “One of the most important parts of any criminal trial is that of motive. Ask yourself if Maria Brooks had a motive for murdering her husband. I believe she had several. Certainly inheriting the sum of four million dollars is a powerful motive. That is the primary motive, but I ask you to take a moment to think about other motives. With Jeffrey dead, Maria could have Freedom and the anti-aging hormone formulated outside the United States. We all know that the United States has stricter regulations than other countries and it takes a long time to introduce new drugs into the market. What about the motive of being free to pursue love and sexual interests without a husband? It certainly didn’t take Maria Brooks very long to find a man she could sleep with. She decided that was worth the risk of returning to the United States. And what about the men who loved her? Witnesses have spoken about her beauty and one even admitted he loved her. It would have been easier for her to pursue affairs without a husband around.

  “I ask you to think about what happened after the death of Jeffrey Brooks. Did Maria Brooks call the authorities or 911? No, she took the first available flight out of the United States that she could find. I ask you, does an innocent person run from the scene of a crime? I think not. Does an innocent person put the murder weapon in a trash can at a highway rest stop? I think not. Did she keep the name of Maria Brooks when she went to France? No, she became Elena Johnson. I ask you, does an innocent person take an assumed name? Of course not!

  “The defense has tried to show that Jeffrey Books was insane. I ask you, can an insane man make drugs for which people were willing to pay $20,000 a year? Of course not!

  “Ladies and gentlemen, Maria Brooks murdered her husband on an afternoon when no one was at the Blue Coyote Motel. She had the motives and all of her actions thereafter speak of her guilt. I don’t think any of you will sleep soundly again if you acquit her. She is guilty of murder in the first degree. Thank you.” She walked back to the prosecution table and sat down.

  * * * * *

  Brian stood up and walked over to the jury box. He slowly looked at each of the jurors in turn and then began, “Ladies and gentlemen, I too want to thank you for serving on this jury. Being a juror is one of the most important obligations we have as Americans. It’s called jury by peers. I repeat, ‘jury by peers.’ You are the peers of Maria Brooks and as such the future of this woman’s life is in your hands. It is an awesome privilege and at the same time, an intimidating responsibility.

  “You heard Ms. Sinclair talk about motives, the primary one being that of four million dollars. What Ms. Sinclair did not mention is that Maria oversaw the finances of the motel as well as the Brooks’ personal finances. She had full and complete access to all of their money. If money was the motive, she could have taken the money and left with it. There would be no need to kill Jeffrey. Why would she kill him when she could simply walk out the door with the money?

  “Another motive Ms. Sinclair talked about was getting the formulas for the drugs. Again, if that was a motive, all Maria had to do was copy the formulas and take them elsewhere. And the motive and insinuation of exploring sexual pursuits? All Maria had to do was divorce Jeffrey and she would be free to explore those as she wished. In fact, if she wanted to she could have explored them even if she didn’t leave Jeffrey. There has not been one shred of evidence that Maria explored sexual pursuits while she was married, or for that matter, for several months after her husband, Jeffrey Brooks, was dead.

  “And let’s talk about Jeffrey’s death. After all, that’s why we’re here today. We have established that Jeffrey’s fingerprints were on the butcher knife found next to him. Doesn’t that point to his insanity and that he was intent on killing Maria? I absolutely believe that the evidence in this case proves that in his deranged state, Jeffrey was going to kill Maria and she acted in self-defense.

  “Ladies and gentlemen of the jury, Maria has admitted that she did in fact fire the gun that caused Jeffrey Brooks’ death. But it is clear she pulled the trigger on the gun in self-defense as Jeffrey charged at her with a butcher knife raised over his head, intending to kill her. Yes, she was responsible for his death, but I implore you to look at it from the angle of justifiable homicide. Kill or be killed. I ask each one of you to look into your inner heart and ask yourself if you wouldn’t have done the same, acted in self-defense, even if it resulted in the death of another human being? Of course you would. That is exactly what Maria did that fateful afternoon in the basement of the Blue Coyote Motel.

  “In a few minutes Judge Adams will give you jury instructions. He will tell you that you must be unanimous in your decision if it is to convict Maria Brooks. He will also tell you that Maria is not guilty of the murder charge pending against her if you feel she acted in self-defense. To establish that Maria acted in self-defense you must find that Maria believed she was in imminent danger of suffering bodily injury and believed immediate use of force was necessary to defend against that danger, and she further used no more force than necessary to defend against that danger.

  “Yes, Ms. Sinclair has proved that Maria Brooks killed Jeffrey Brooks, and Maria admitted that when she testified, but her action was taken in self-defense. If you find she acted in self-defense, then you must return a verdict of not guilty.

  “Again, I thank you for your time. God bless you. A woman’s life and future is in your hands. May you make a wise and fair decision!”

  * * * * *

  “We will take a fifteen minute break. Court will reconvene at 3:30,” Judge Adams said, banging his gavel once.

  * * * * *

  Maria leaned over and whispered to Brian. “What happens now?”

  He put his hand on her arm. “When the judge returns, he’ll give instructions to the jury. That will take about an hour and then they’ll go into the jury room, probably tomorrow morning, and we’ll wait for a verdict. The court clerk will call and tell us when a verdict has been reached.”

  Fifteen minutes later court reconvened. “Ladies and gentlemen, we are moving on to the phase of the trial where you will decide amongst yourselves whether to convict or acquit Maria Brooks. Here are the legal principles you should abide by.”

  Judge Adams spent almost an hour reading the important concepts of the law such as beyond a reasonable doubt and self-defense. He outlined what findings they must make in order to come to their verdict. He admonished them to abide by his instructions throughout the deliberation process. When he was finished, he dismissed them and told them that they would convene the following morning at 9:00 a.m.

  “Ms. Sinclair. Mr. Meeks. Please be within fifteen minutes of the courthouse until a verdict is brought in. When the jury has reached a verdict, you’ll be notified by phone and I expect you to be back in this courtroom within fifteen minutes. Do either of you have any questions?”

  “No, your Honor,” they said simultaneously.

  CHAPTER 40

  Brian was sitting at a small desk in a hotel room where he’d spent the
night when his cell phone rang. The hotel, which was only six blocks from the courthouse, would be his office and home until the jury delivered a verdict.

  The call was from his secretary, Tessa. “Mr. Meeks, I’m sorry to bother you, but you have a call from a contractor who’s doing some work for the new owner of the Blue Coyote Motel. He says he’s founds some evidence that is critical to the Maria Brooks case and wants to talk to you immediately.”

  “Thanks, Tessa. Call Slade Kelly and give him the information. He’s been at the trial the whole time. He’s probably at his office. You have the number. I can’t get tied up with anything right now. I’ve got to get to the courthouse within fifteen minutes if they call.”

  * * * * *

  “Hello. My name is Slade Kelly. I’m calling on behalf of Brian Meeks. He’s waiting for the jury to return a verdict in the Maria Brooks case and he asked me to call you. I understand you have some information regarding the Brooks case.”

  Slade was quiet for several minutes as he listened intently. He looked at his watch. “Look, this is critical. I’m hopin’ two things. Number one yer’ tellin’ me the truth. Number two, if ya’ are, I need to get it from ya’ and get back here to the Riverside Courthouse before the jury comes back with their verdict. Can ya’ meet me in Indio in about forty-five minutes? There’s a shopping center just south of Interstate 10 at the Jefferson off-ramp. Meet me there and then I’ll do a turnaround. Look for a red and black Porsche Spyder. I’ll have my cell phone with me. Here’s the number. Thanks. See ya’ in a few.”

  As fast as the Spyder is, there’s a good chance I can make it back before the verdict’s announced by the jury, the good Lord willin’ and the river don’t rise, he thought.

  “Brad,” he yelled as he raced out the door, “Call Brian and tell him to stall as long as he can if the verdict comes in. I’ll be in touch.”

  When he got close to the Jefferson off-ramp in Indio he dialed the number. “This is Slade. I’ll be pullin’ off the freeway in a coupla minutes. Where are ya’? Perfect. I’ll be in the parkin’ lot closest to the street and next to the gas station.”

  Five minutes later a late model Ford truck raced up and stopped next to the Spyder. Slade ran over to it. “This it?” he asked, pointing to the brown paper sack on the passenger seat. The man nodded.

  “Thanks, man, I’ll be in touch.” Slade started his car and within minutes he was driving west on Interstate 10 as he headed back to Riverside. The speed limit was 65 miles per hour, but the Spyder easily did 120. Slade watched the road in front of him and kept an eye on his rearview mirror which showed the road behind him as the high performance car raced down the highway. Gotta watch out for the cops. Don’t wanna be stopped right now. Gotta get to Riverside in time. When he was getting close to the courthouse he called Brian.

  “Any news?”

  “Yes, I just got a call from the clerk. We’re convening in fifteen minutes.”

  “Okay, meet ya’ in the courtroom.”

  Slade parked the Spyder and raced up the courthouse steps. He ran down the hall and opened the door of the courtroom, out of breath. Brian was seated in his chair at the defendant’s table. Slade hurried up to him and knelt down next to him, whispering frantically in his ear. He handed Brian the brown paper sack. Darya was sitting in the front row and as he sat down beside her, the clerk announced, “All rise.”

  Judge Adams walked up to the bench and sat down in his black leather swivel chair. “Court is now in session.”

  “Bailiff, bring in the jury.”

  The members of the jury filed into the courtroom and took their seats in the jury box.

  “Have you reached a verdict in the case of the People of the State of California vs. Maria Brooks?”

  “We have, your Honor.”

  “Judge Adams, may I approach the bench?” Brian said, with a sound of urgency in his voice.

  “Mr. Meeks, this is highly unusual. Can’t this wait until after the verdict has been read?”

  “No, your Honor. A critical piece of evidence has just surfaced which will have a strong bearing on the verdict.”

  “Your Honor,” Marsha said. “I strongly object. The jury has indicated they have a verdict in this case. That takes precedence.”

  “Ms. Sinclair, I will decide what takes precedence in my courtroom. Mr. Meeks, you and counsel may approach the bench.”

  “Your Honor, I have just been given a videotape that proves beyond a shadow of doubt that my client, Maria Brooks, acted in self-defense. The videotape was discovered only last night and clearly shows the events that took place at the scene of the murder. I respectfully ask that we go into your chambers and view it.”

  “Mr. Meeks, in all of the years I’ve been on the bench, I have never had anything like this happen. Let me think about it for a moment.”

  Members of the press were frantically texting and whispers could be heard throughout the courtroom.

  “All right, Mr. Meeks. Although this is highly unusual, I do have the latitude to decide how I will conduct business in my courtroom. Bailiff, please escort the jury back to the jury room. Mr. Meeks, Ms. Sinclair, please join me in chambers.”

  Judge Adams closed the door behind him. “Mr. Meeks, please explain what this is all about.”

  “Yes, your Honor. A contractor was recently hired by the new owner of the Blue Coyote Motel to renovate it. The owner decided to have the basement laboratory converted into a gym for the motel guests. Yesterday, when the contractor was tearing it down, he discovered what appeared to be a security camera in the ceiling of the lab that was no bigger than a thumbnail. He took the videotape out of the camera and put it in his truck, intending to look at the tape later in the day. He was having trouble sleeping last night and was watching some late night television when he remembered the tape. He went out to his truck to get it. It was the type of video camera that had to be manually re-activated every twenty-four hours. The last time it was reactivated was the day Jeffery Brooks was killed. It clearly shows Jeffrey, who appears to be deranged, with a knife in his hand preparing to attack Maria. The last image on the tape was of the gun being discharged and Jeffrey falling down.”

  Marsha had turned ashen. If what Brian had said was true, and if the tape showed it, she was going to lose the case. She knew Judge Adams was an honorable man and would not hesitate to take the right course of action.

  “Here is my video recorder. Insert the tape.”

  “Yes, your Honor.”

  The three of them looked at the videotape which showed Jeffrey, with a butcher knife raised over his head, preparing to attack Maria, and then suddenly falling down when the gun in Maria’s hand discharged. After watching it they sat in silence, each lost in their own thoughts.

  “Please return to the courtroom and take your seats. I’ll be there in a moment,” Judge Adams said.

  He paced back and forth in his chambers, looking for a way out of the mess created by this startling piece of evidence. He had a jury ready and waiting to announce a verdict, probably a guilty verdict, and a videotape which clearly showed the deceased as a deranged man getting ready to attack, and probably kill the defendant in this case. The term “justifiable homicide” kept reoccurring in his mind. It was an election year and whatever decision he made, he knew his opponent would use it to get press. It was time to mitigate the possible damages. He took a deep breath and walked back into the courtroom.

  “Bailiff, please escort the jury into the courtroom.”

  There was no sound in the room as the jurors took their seats.

  Judge Adams began. “Ladies and gentlemen of the jury, a videotape was discovered late yesterday that clearly shows Maria Brooks acted in self-defense when she shot and killed her husband. For that reason, with the power vested in me by the State of California, I dismiss this case. This court will not be responsible for convicting someone who is not guilty. It would be a travesty of justice to continue or retry this case. I also do not want it on my conscience that the t
axpayers of the State of California had their money wasted because of a retrial based on an erroneous verdict. This case stands dismissed and the defendant is found not guilty.”

  Reporters jumped out of their chairs, frantically trying to get the news out. In addition to American reporters, there were a number of French reporters as well as others from foreign countries who had arrived the previous day. The case had attracted worldwide attention and the judge’s decision only made it more newsworthy.

  Maria burst out sobbing and it took several minutes for her to regain her composure. Brian turned to her. “You’ll be returned to jail in a couple of minutes. After your paperwork has been processed, you’ll be released in a few hours. The bailiff will confirm that in just a moment. For the record, Maria, I always believed you, but now the world knows that you acted in self-defense.”

  “I can never thank you enough, Brian. I really thought I was going to be convicted. I am so grateful it’s over,” she said, tears streaming down her face. Jordan stood next to her and put his hand out, “Thank you, Brian. Thank you for having the courage to do something as unusual and unorthodox as approach the bench at the very last moment. It took a lot of courage. The judge might have thrown you in jail for being in contempt of court.”

  “Well, the person you need to thank is Slade. He made it happen.” They turned to Slade who was standing next to Darya, a proprietary arm around her waist.

  “I was just doing my civic duty. By the way, I’m going to New York tomorrow to ask her daddy for her hand. Wish me luck.” The three of them stared at Slade in shock. They could not believe what he’d just said. “This just might be the wedding of the century.”

  “Let me be the first to congratulate both of you. I want an invitation to the wedding. I’ll be waiting by the mailbox,” Brian said, laughing.

  Maria was the next to speak. “I am so happy for you. I had no idea. Of course, I’ve been a bit out of the loop. I wish you both the very best and I want to thank you for everything you did.”