by Ken Renshaw
I laughed and said, "The subterfuge is working."
He also commented that Elizabeth looked very athletic. She asked him which trails to use for a five-mile run.
Sofia and Tina returned from the kitchen, and Sofia said, "Tina has given me some ideas for dinner. Buster and I need to go into town to get some things. We will be back in a couple of hours."
"Stay close," Buster admonished.
We walked out upon the porch, watched them drive away. Tina turned to me, looked intently and said with a giggle, "Emergency! He is drifting out of present time. Must take immediate action."
Dinner was a delight. Trained martial arts specialists, art and music lovers, Hollywood stunt people, an Olympic athlete, and a pilot can be jolly dinner companions.
Sunday, while Elizabeth and I worked preparing for the trial, Sofia gave Tina karate lessons, and Buster went to the Williams' house, and town.
****
Chapter Eight
THE TRIAL
Monday morning, Buster drove Elizabeth and me to the Williams' house where we picked up our car to drive to court. Buster asked for a five-minute lead and drove off in his pickup.
Elizabeth briefed me on what she had discovered searching the Internet. She said, "Sheriff Bogend's father was a Bible-thumping southern evangelical preacher. If we probe in that area, we might expose some irrationality, strong beliefs in the Devil and fundamentalist ideas. It would be good to get him to launch into a Bible-thumping tirade.
"We should also try to eliminate anyone with fundamentalist beliefs from the jury. I will study the panel as you probe prospective jurors on the subject of devils and witches. Also, you should probe for people with strong beliefs about the validity of logic and science: ask whether anybody has degrees in science and find out if anyone subscribes to technical journals or scientific magazines such as Scientific American. One of these country people might be a retired rocket scientist. We don't need a juror who will decide to provide scientific leadership in the deliberations."
When Elizabeth first saw downtown Rocky Butte she said, "Toto, I have a feeling we're not in Kansas, any more."
I pointed out the nightlife spots and opportunities for fine dining. Elizabeth replied, "I would say that this is about as far off the end of Melrose that one can get."
As we parked our car in the courthouse parking lot, I noticed Buster and another rough looking character sitting in his pickup.
As we walked alone up the empty steps of the courthouse, Elizabeth admired the building and said, "Stick with Dave Willard and you can end up in the big time! You go ahead, I'll handle the all the reporters"
The courtroom looked as though it had not been modified since the courthouse was built in 1922. The walls had waist–high, dark wood wainscoting below beige walls that led to a ceiling of pressed tin patterned squares. Two windows and four hanging shaded light fixtures provided the light. The room had seating for about a hundred, and the usual jury box, tables, and judge's bench. At the front, under a portrait of George Washington and the County Seal, awaited the witness box, and court reporter's desk, flanked by American and California State flags.
The jury pool was sitting in the first few rows of the spectator area, being instructed by the Bailiff.
I greeted the Sodastroms as they sat at our table and introduced Elizabeth. Then, we introduced ourselves to Dean Buttress, the defense attorney who was there alone.
Ann and Ed Sodastrom looked quite distraught. I stood between them and Elizabeth as I explained how I regretted having to put them through all this again, but it should be over in a few days.
Elizabeth observed after we sat down, "Dean Buttress looks like a typical third–string attorney assigned to a case in the boonies that nobody else wanted. The insurance company must reckon that their liability is very small and the Rocky Butte jury will think a few hundred thousand dollars is a lot of money. His eye movements look like those of an alcoholic in a hung-over condition."
Judge Cartright appeared and after the formalities we began jury selection. During the questioning of the jury, I noticed Buster in the back row and his associate sitting in the middle.
Midway through the jury selection, Elizabeth whispered in my ear, "A lady just came in who looks like a reporter. It must be the San Jose Times reporter that will be sending trial summaries to Dore."
Jury selection was routine. At 12:30 after the jury was seated and instructed, Judge Cartright declared a forty-five-minute recess for lunch after which he would hear opening statements. Elizabeth and I retired to a conference room with our sack lunches brought from the ranch.
"Really the big-time," said Elizabeth as she unwrapped her sandwich and opened her canned drink. "Other courts give you an hour and a half for lunch."
"Stick with me," I smiled. "In one of our previous meetings, the judge indicated his desire for long court days. He said a short trial was in the best interests of the participants and the community.
"I think the jury selection went well, thanks to you, Elizabeth."
She replied, "I think we have a good jury. Family values, no fundamentalists, no amateur scientists, and all seemingly rule-based. I don't think there are any wild cards in there. Jurors number five and nine, the older ladies, were looking at Buttress disdainfully, maybe recognizing and disapproving of his alcoholism. Those two well-dressed men with untanned faces that we dismissed must be the local clergy."
"Thanks for your expert observation and help with that, Elizabeth. Now, I think I will have some quiet time to get ready for my opening statement."
At 1:15, Judge Cartright reconvened the court and we made our opening statements. I then presented witnesses to establish the dry fundamentals–that Lucy had died of exposure, where and when she was found, and what attempts were made to resuscitate her. At just before five-thirty, Judge Cartright adjourned for the day.
On the way home Elizabeth observed, "Judge Cartright helps us generate a lot of billable hours in a single court-day."
At the old Williams' place, we gave our car to Cody, who was dressed in slacks, tie, and blue dress shirt, looking like me.
As we joined Buster in his pickup, Elizabeth whispered to me, "I am now really in the big-time."
As we entered the parking lot at the ranch I noticed a big blue Ford SUV, inside the lodge, Tina who had been talking to Candice, enthusiastically greeted me. Peter Gallagher had also flown in.
Over wine and cheese, elegantly served by Sofia, I related the trial proceedings today.
I said I would start the day tomorrow with Ed Sodastrom's tragic account of the evening to stet a tragic tone for the trial.
I would put on a retired deputy sheriff next, followed by two members of the search and rescue team to establish that the search effort was not well–organized, and establish that Sheriff Bogend was not doing the best possible job. Then, I would put on Sheriff Bogend and try to reveal how his personal biases interfered with his professional judgment. If there were time left, I would put on Candice, and then show the movie, followed by Phil Gallagher. I said I didn't expect that we could get to Candice and Phil tomorrow. They could stay around the ranch, and we would call them to court if needed. I said Steve Manteo would arrive tomorrow morning and stay over as required.
Buster added that he had a SUV outside, and a driver would be here tomorrow for everyone to use when they needed to get to court.
Everyone went back to conversation.
I said I was going upstairs to freshen up before dinner. Tina joined me.
After a dinner of good conversation, Elizabeth, Candice, Phil, and I went to the study to go over testimony. Elizabeth produced her laptop and showed us the reporter's dispatch to Dore reporting on the day’s events. It included my opening statement that Elizabeth read aloud:
Ladies and gentlemen of the jury:
The question here is whether Sheriff Bogend was negligent by not using all available resources in the search for the missing girl, Lucy Sodastrom. Failure to use all available
information and search resources resulted in Lucy's death.
We will show that Mr. Manteo's, using his psychic powers, informed Sheriff Bogend of Lucy's location, down Bear Creek. Sheriff Bogend failed to even consider or act on Mr. Manteo's volunteered information before Lucy died of exposure.
Any reasonable man would have sent two or more of the ten qualified search people standing idly in the parking lot waiting for an assignment. It would have only taken two people a half hour to walk down the Bear Creek trail to Lucy's location and verify if she was there or not.
Rocky Butte County has a written policy describing how to proceed in emergencies, including search and rescue missions. That policy states that all available resources should be employed.
Sheriff Bogend did not use the standard of conduct that required him to use all available resources in the search for Lucy. Law enforcement officers are trained to act on all manner of information: tips from anonymous sources, "hunches" from experienced people, etc. Sheriff Bogend failed to act as a reasonable man could be expected to act, deploying idle search and rescue people to walk a couple of miles on an improved trail to check out a credible tip.
We will expose you to a complicated physics theory that explains how psychic phenomena, such as employed by Mr. Manteo, is scientifically legitimate. You do not have to understand the mathematics of this theory: all you should decide is if the expert witnesses that will testify are scientifically credible and up-to-date on the advances do science.
We would like you to understand that Mr. Manteo's is highly credentialed as a psychic resource. He has served as an intelligence resource of the US Government for over twenty years, dealing with the highest level of government, including two Presidents. We will review his credentials, those credentials presented to Sheriff Bogend on the evening of Lucy's loss.
We will show that Lucy's death could have been avoided if Sheriff Bogend had not negligently refused to act on available information and fully utilized his available search resources.
Elizabeth paused and then added, "Here is the defense's opening statement:"
Ladies and gentlemen of the jury:
We all go to the movies and watch TV. Some popular movies and TV series have mediums and psychics solving complicated criminal cases. Those stories all come from screenwriters. None are ever a real on-the-scene coverage of a psychic solving a case. In the movies, Superman can fly; Spiderman can swing through Manhattan on treads of webs; mediaeval Merlins can conjure Dragons; and psychics identify killers. You all can rely on your own experience to know what is fact and what is fiction.
The essence of this case is whether Sheriff Bogend should have listened to a stranger, claiming to be a psychic, diverted his search and rescue resources down Bear Creek, and lessening his search in Sheffield Valley where tracks indicated Lucy had gone. Sheriff Bogend acted as a reasonable man should and concentrated on searching Sheffield Valley.
We will present scientific experts who will testify there is absolutely no scientific evidence to show that psychic phenomena exist as a means to find a missing child in a situation such as this. Science can show that there is no physical way for a man at the Rawhide Cafe to receive communications from or know the location of a child two miles away.
Many law enforcement agencies have had experience with so-called psychics who have volunteered to help solve cases. We will describe a study that polled law enforcement agencies all over the country and concluded that, in the words of one respondent, 'Psychics are of little value in investigations.'
You must find that Sheriff Bogend was not negligent in his search for the lost girl.
Elizabeth finished reading. She outlined the general strategy of the trial to the group. She passed the laptop to me to read the reporter's comments to Dore that preceded the opening statement:
To Dore Hamilton
Subject: Summary of first day of trial.
It took me a long time during jury selection for me to figure out that Mr. Willard was not a local country lawyer. He did a good routine of 'I was raised in a small town like this and am a country boy at heart...'and 'we need to use our horse-sense in evaluating this case.'
However, when he questioned witnesses, I could see the razor-sharp mind of a lawyer from a long letterhead law firm coming through.
"It worked," I thought.
****
Tuesday was a more exciting day in court. As Elizabeth and I drove back to the ranch after the day in court, Elizabeth said, "Here in the big leagues we sure put in long days. You should get hazardous duty pay. I thought the good Sheriff was trying to kill you with those hatred beams from his eyes. Did you see that his hand started to go down for his gun before he apparently remembered he was not wearing his belt. Several members of the jury were cringing at his anger in his answers to your questions. Before we came up here I thought you were a patent attorney, you should specialize in personal injury, slip and fall cases."
"Thanks," I said. "I noticed my nemesis in the back of the courtroom after lunch today. He was the guy with the crew-cut grey hair and the gold-rimmed glasses. Buster was sitting right behind him and Buster's other man was sitting two seats away. Did you see him?"
"I saw him. I thought he was weird. Not a Rocky Butte local. He had a terrible vibration, like a crazy man. He was making faces in response to what people said like an undisciplined third-grader."
Exhausted we didn't talk much the rest of the trip.
When we made the car switch at the old Williams' place, I climbed in and asked Buster, "Do you know who that guy sitting in front of you was? He is the man who has been stalking me."
"We had Mr. S. under surveillance before he even got to the courthouse. We made sure he was thoroughly searched by security at the entrance to the courthouse. You know that person in the blue lab coat that runs you through the metal detector?"
"Yes, the same man every day," I observed.
Buster smiled and said, "He also works for us. Don't worry about Mr. S. I assure you we have him covered."
Buster didn't elaborate.
After we were in the lodge having a glass of wine, Elizabeth downloaded the reporter's dispatch to Dore. It said:
"To Dore Hamilton:"
"Subject: Summary of second day of trial."
The day started with Ed Sodastrom's tragic report of the evening Lucy was lost. Here is an excerpt:
"While we were finishing dinner, about six o'clock, at the Rawhide Cafe, on the highway north of Rocky Butte, Lucy asked whether she could go to the area behind the cafe and make a snowman. A light snow had begun falling and there was about an inch of snow accumulated in the area behind the cafe. When we finished dinner and went behind the cafe to get Lucy, she could not be found. We found her tracks in the light snow but lost her trail. We searched and called for Lucy with no response. Alarmed, my wife, Ann went back into the cafe and called 911 while I continued the search.
Sheriff Bogend and his deputy arrived at the cafe at about a quarter after six. After a brief search, they called the county for assistance in a full-scale search operation and set up a command post in the cafe. By seven, county resources began to arrive, including search teams, paramedics, and communication equipment.
Two search parties began the search for Lucy. Sheriff Bogend believed that Lucy has gone down the trail into Sheffield Valley and sent the first search parties down that trail. A deputy told us that one party reported that they had found faint tracks. Sheriff Bogend directed a full-scale search into the Sheffield Valley area.
We sat in the cafe for a while until Ann became so stressed that we moved to our car in the parking lot. I got a blanket from the trunk, and we sat in the back seat waiting for word. About eight a man with three bloodhounds on leashes knocked on our car window. He asked whether we had any clothing of Lucy's. I gave him her extra sweater, and he let the dogs smell it. After searching around behind the cafe for a short time, the dogs began heading to the Bear Creek trail. I saw Sheriff Bogend come out of the cafe and shout at
the man. After some discussion with the Sheriff, the man and his dogs returned to the parking lot
About eight thirty, a man we now know as Steve Manteo arrived on the scene. We noticed him because he was such a big man and was not wearing heavy clothing like the search and rescue team members. He talked to the deputy outside the cafe for a while and then was led inside to talk to the Sheriff. We were watching him intently because we thought he might have had some news. Sheriff Bogend looked angry and had his deputy escort Mr. Manteo back to the parking lot.
In the parking lot, Mr. Manteo talked to some men of the County Search and Rescue team. We saw that they showed him the picture of Lucy we had given the Sheriff. Mr. Manteo viewed the picture and then went to his car and sat for a minute. He got out of the car and went back to the Deputy, outside the door, spoke for a few seconds and then pushed the Deputy out of the way and went into the cafe to the topographic map hung on the wall that the Sheriff had showed us earlier. He marked the map as the Sheriff came up and was shouting at him, with his gun drawn. Two deputies took Mr. Manteo by the arms and drug him out to the parking lot. Mr. Manteo sat in his car for a few minutes and then drove away.
At midnight, a Deputy drove us home because Ann was collapsing.
At a little after 2:00 am a deputy came to our house and told us they had found Lucy and that she had died."
Both Ed and Ann Sodastrom, along with several members of the jury, were visibly weeping, so the judge called a ten-minute recess.
After the recess, Ed Sodastrom was asked whether there was anything he would like to add.
Ed continued, "This case for us is not about money for us. We have all we need. We would like to put all Sheriffs and the people that insure them on notice that they should use all resources, including psychics if necessary, for finding lost children."