CHAPTER 48
A GOOD LIAR
Watching the Dusty Thomas' trial from the gallery was a unique experience for me. Having tried many cases as a prosecutor, I felt out of place as a spectator. It was difficult for me to sit still those first two days of jury selection. I was very good at picking juries and I knew Stan hated it. He could have really used my help. It would be even worse when live testimony began. I'd have to be careful I didn't blurt out "objection!" when Trenton got out of line.
Dusty looked a little scared as the judge advised us that a jury had been selected. He looked nervously at the prospective jurors who were waiting to see if they could go home or would be stuck on the jury for a week or two. He was a good client—laid-back and easy-going. He smiled when he saw me looking at him. As the judge began to call off the juror's names, I watched their reaction. Most let out a sigh of despair when they heard their names, while a few seemed pleased and excited to have been selected.
The judge thanked those who were not picked and advised them they were free to leave. When they were gone, the bailiff let in additional spectators to fill the seats vacated by the rejected or unneeded jurors. Many spectators began talking while people were filing in and taking their seats. One of the bailiffs glared at them and motioned for them to be quiet. When everyone was in their seat, the judge told Trenton to proceed with the reading of the indictment. When he was done, he gave his opening statement.
"Your Honor, ladies and gentlemen of the jury, we gave you a brief summary of the facts during voir dire. This is not a complicated case. We will show that the accused, Dusty Thomas, had a long history of tax evasion. He failed and refused on numerous occasions to file tax returns and pay the taxes that he lawfully owed. Revenue agent Bobby Tuttle had been assigned to audit him and bring him into compliance. He had worked with Dusty Thomas and his wife Martha for several years and was forced on several occasions to seize property since he refused to voluntarily pay the taxes due.
"Obviously, Mr. Thomas was bitter about this, and we will show that on more than one occasion he threatened physical harm to Bobby Tuttle, who was just doing his job. On that fateful day, the 11th day of July1986, Bobby Tuttle went out to the Double T Ranch where Dusty lived with his wife Martha, to seize a valuable tractor that could be sold to satisfy a portion of his tax liability. Agent Tuttle called A-Plus Wrecking company that morning and talked to Lewis Lance, who agreed to meet him at the Double T Ranch at noon to physically take the tractor and transport it to the auto impound lot, where it could be held until an IRS auction could be conducted.
"Unfortunately for Bobby Tuttle, Lewis Lance was late, and while he was waiting for him, Dusty Thomas confronted Agent Tuttle with a Remington shotgun. Now there are no witnesses to the actual murder, but Lewis Lance will testify that he arrived several minutes later and saw Dusty Thomas standing over Agent Tuttle, who had just been shot. He will also testify that he looked all around in every direction and didn't see anyone else on the ranch.
"The testimony will show that just as soon as Dusty Thomas saw Mr. Lance arrive, he ran away. Mr. Lance then checked to see if Agent Tuttle was alive and was prepared to administer CPR. Unfortunately, Agent Tuttle was dead, so Mr. Lance called the sheriff's office. The first two deputy sheriffs pursued Dusty Thomas to the back of his ranch, where he had holed up in a barn. They asked him to come out and surrender, but he refused to do so. It was only several hours later that his counsel, Mr. Stan Turner, went in and convinced him to surrender.
"Now the defense will be trying to muddy the water by introducing other persons who had motive to kill Agent Tuttle. It's easy to speculate in a case like this. You have a revenue agent who is not popular because he's a tax collector. Sure, there may be a lot of people who didn't like him because of what he did, but that doesn't make them murderers. Most taxpayers grumble about paying their taxes, but they don't resort to violence to avoid paying them.
"So don't listen to this speculation. That's all it is. Rarely do you get a case where the killer is found standing over the victim's body with the smoking gun. The defense will also be trying to get you to buy into a conspiracy theory. Not only will they suggest there has been a conspiracy against Dusty Thomas, but also against co-counsel Paula Waters, and defense counsel Stan Turner himself. This is ridiculous and simply a sign of how desperate they are to find any kind of a credible defense.
"So don't let the defense complicate this case. It's very simple. Dusty Thomas shot and killed Revenue Agent Bobby Tuttle while he was performing his duties as an agent for the United States Government. It was intentional, premeditated murder, and the law dictates that he be punished for his crime.
"Although every murderer should be brought to justice, it is particularly important that Dusty Thomas pay for his crime, as he attacked and murdered an agent of the federal government. If we allow him to go unpunished, we will be putting thousands of other revenue agents at risk. Don't let this happen. Do your duty as a juror and find Dusty Thomas guilty of murder."
Trenton walked back to his chair and sat down. All eyes now shifted to Stan.
"Thank you, Mr. Lee," the Judge said. "Mr. Turner, you may proceed."
Stan stood up, nodded to the judge, and smiled at the jurors. "Thank you, Your Honor, ladies and gentlemen of the jury."
"I will agree with Mr. Lee on one point. It is important that justice be done. In fact, that is the essence of our judicial system. This trial isn't about protecting revenue agents. This case isn't about preserving the viability of the Internal Revenue Service. This case is about finding out who killed Bobby Tuttle.
"Now we will admit that Dusty Thomas was found standing over the body but that doesn't mean he killed Bobby Tuttle. There are no witnesses to this murder. At least no witnesses who have come forward. Sure it looks bad that our client was standing over the body, but it was his ranch that Agent Tuttle chose to visit that fateful morning. Anyone could have shot him there that day and it is only logical that if Dusty Thomas heard a shot he would come to investigate—hence being found standing over the body.
"What about the shotgun? The evidence will show that Bobby Tuttle was shot with a Remington shotgun. The evidence will also show that Dusty Thomas' gun was a Remington Shotgun. Even so, they will be unable to prove that Dusty's shotgun was the murder weapon as shot can rarely be traced back to the weapon from which it came.
"As Mr. Lee told you, we will introduce evidence of many people with equal or better motives to kill Agent Tuttle. In particular, we will tell you about one man who was engaged in an illegal business that Agent Tuttle was about to discover. To protect this illegal activity, we believe this man killed or was responsible for the death of Agent Tuttle. Although we don't expect him to confess to the murder, we believe we will provide you with substantial evidence of his guilt.
"As you've been told, the government must prove its case beyond all reasonable doubt. If we prove to you that someone else may very well have killed Agent Tuttle, then that would provide reasonable doubt whether Dusty Thomas did it and you'd be compelled to find him innocent. This is what we intend to do.
"As to the conspiracy that Mr. Lee mentioned, let me say this, when two or more persons conspire to do an illegal act, that is a conspiracy. We believe Bobby Tuttle's death was not the result of one man's vengeance, but the act of several individuals who conspired together to murder Bobby Tuttle and then make it look like Dusty Thomas had done it. It was a very complicated but brilliant plan which we hope you will thwart.
"All we ask of you as jurors is to listen carefully to the evidence and only consider that evidence in rendering your verdict. It will be tempting to get caught up in Trenton Lee's patriotic rhetoric and feel like you have to convict Dusty Thomas if you care about your country. Resist that temptation and make Trenton Lee prove beyond all reasonable doubt that Dusty is guilty. We don't believe he will be able to do it. . . . Thank you."
The judge thanked Stan and then announced a ten-minute break before testimony would begin. After
he had left the bench, I joined Stan, Jodie, and Dusty at the defense counsel table.
"Looking good so far, " I said.
"Think so?" Stan asked.
"Yeah, I think the jury got the message that this isn't going to be a slam dunk for the prosecution," I said.
"Good. I hope you're right," Stan said. "How are you holding up, Dusty?"
"Fine. You were exactly right. I heard the shot and came a runnin'," Dusty said. "I couldn't imagine who was firing a gun on my ranch. When I saw Agent Tuttle on the ground, I was in shock."
"I know," Stan said. "You'll get your chance to tell the jury what happened. Don't worry."
As we were talking, the bailiff signaled that the judge was about to return, so I went back to my seat. After the judge had taken the bench and the jury had been brought back in, testimony began. Trenton Lee called as his first witness the sheriff's deputy who arrived first on the scene. He was followed by Agents Ronald Logan and Maureen Cox. Just after lunch, the medical examiner testified as to the cause of death and then Lewis Lance, the prosecution's key witness, took the stand.
"Mr. Lance. What kind of business are you in?" Trenton asked.
"I'm a mechanic and I also drive a wrecker from time to time," Lance replied.
"Did you work for A-Plus Wrecker Service in McKinney, Texas in July of 1986?"
"Yes, I drove a wrecker for them part time."
"You had other employment?"
"Yes, my regular job was in Wylie at Highway 78 Towing."
Trenton had obviously worked hard preparing Lance for trial. It appeared he was going to try to explain away all the weaknesses and inconsistencies on direct examination. This was a good strategy and would make it difficult for Stan to cross-examine him. After twenty minutes of background information, Trenton got to the murder scene.
"What did you see when you drove up to Dusty Thomas' house?"
"I saw Agent Tuttle on the ground and Dusty Thomas looking down at him. He had a shotgun and he was holding it in both hands like he'd just shot it."
"Objection," Stan said. "The witness is speculating."
"Overruled," the judge said.
"What do you mean 'like he'd just shot it,'" Trenton asked.
"Well, you know. Like he had just shot it and then pulled the gun back to observe the kill."
"Objection," Stan said again. This is pure speculation and highly prejudicial."
"Sustained. Just tell us what you observed, Mr. Lance. Don't try to interpret it for us."
"Yes, Your Honor."
"What did Mr. Thomas do when he saw you?"
"He looked around and then took off running toward his house. I thought he was going to go inside, but instead he ran around the house and disappeared."
Trenton continued to question him but nothing new came out. After a brief recess Stan took him on cross examination. Lance appeared nervous as Stan began to question him.
"You testified that you worked part time for A-Plus Wrecking Service, and your main job was with Highway 78 Towing, is that correct?"
"Yes."
"So, why did you go to work for A Plus Wrecking?"
"I was short on cash—a lot of bills, you know."
"How many hours a week did you work there?"
"Oh, about 15 to 20 a week."
"How far away was it?"
"About an hour's drive."
"Did you work every day?"
"Weekdays—three or four hours a day."
"So you worked three hours a day and spent two hours driving back and forth?"
"Objection," Trenton said. "I can't see the relevance of this line of questioning."
"Your Honor. It will be become clearly relevant but I have to lay a foundation before I can get to the point."
"Overruled. The witness will answer the question."
Lance replied, "Yes."
"How was it that you came to work for A-Plus Wrecking Service?"
"I don't know. I think I just looked in the Yellow Pages and started calling all the wrecking service companies at random."
"Do you know a man named Don Harris?"
Lance squirmed in his chair and began rubbing his chin. "Yes, he's a customer at Highway 78 Towing."
"You're his mechanic?"
"Yes, I work on a couple of his cars."
"Could he have suggested you go work for A Plus Wrecking?"
"Maybe, but I don't remember it."
"Did he tell you that A Plus Wrecker service did work for the Internal Revenue Service?"
"Not that I recall."
"But he might have?"
"No, I don't think so."
"He didn't tell you to get to know Agent Bobby Tuttle?"
"Huh? No."
"How did you get to know Bobby Tuttle then?"
"I went out with him on a couple of jobs."
"You volunteered for those jobs, right?"
"I guess. I don't remember."
"In fact, you were the only person who ever went out with Bobby Tuttle from the day you went to work for A Plus Wrecking, isn't that right?"
"I don't know. Maybe."
"When you first applied for work at A-Plus Wrecking, was there a job available?"
"I don't remember."
"You don't remember. . . . Do you remember a driver getting killed in an automobile wreck which just happened to create an opening for you?"
"Oh, right. I remember that."
"Did you have anything to do with that accident?"
"What do you mean?"
"Were you a witness? Did you see it happen? Were you involved in it?"
"Objection," Compound question, not to mention being irrelevant.”
"Withdrawn. I'm through with this witness for now, Your Honor but reserve the right to recall him at a later date."
"Very well. Do you have any redirect, Mr. Lee?"
"No, not at this time, Your Honor."
It was a beginning. I could see several members of the jury were intrigued by Stan's cross examination. He had begun to lay a foundation for our defense without Trenton Lee realizing it. The judge noted it was nearly five o'clock and recessed the case until Thursday morning at 9:30. When the judge had left the bench, I joined everyone at the defense table and congratulated them on a job well done. Stan, however, wasn't taking any bows. He was upset that he hadn't been able to ruffle Lewis Lance more. He said if all of Trenton Lee's witnesses were as good a liars as Lewis Lance, we were in serious trouble.