Chapter 15
Overwhelming Evidence
It was already eighty-one degrees when I entered the Courthouse at quarter till eight. It was a little early in the year for a heat wave, but after all, this was Texas where temperature extremes were not unusual. Snake was busily at work at the counsel table when I walked into the courtroom. The bailiff was sitting at his desk reading the morning paper. "You been here long?"
"No, just a few minutes. I was just going over the jury panel one last time. I think I know who we need to strike and who we can leave alone."
"Good, I don’t know much about picking juries."
"Don't feel bad, I don’t know of anyone who has actually mastered the art. Some lawyers think they have but they're just fooling themselves. We'd probably do just as good if we hung up the jury list on the wall and rented a chimpanzee to throw darts at it."
I laughed. "That's not a bad idea. Do you know where we could rent one?"
"No, but maybe Hudson would volunteer."
I laughed. . . . “So who do you think they'll call as their first witness?"
"Probably Lt. Meadows. They'll want someone who can dwell on the gory details of the murders."
"Did you meet with Greg last night?" I asked.
"Yes, we met at the Majestic Mansion."
I smiled and said, "You didn't?"
"Of course, I told you that's where I have all my important business meetings, at least with men. The decor tends to loosen them up, if you know what I mean."
"Isn't it kind of an expensive place to meet? I saw you hand out several fifty dollar bills the last time I was there with you."
"Yes, but it's money well spent."
I nodded. "So did you learn anything?"
"Not much. I don't think Greg is your guy though."
"You don't?"
"No."
"I don't think so either," I said.
"So what's it going to be? Reasonable doubt or temporary insanity?" Snake asked.
"I don't know yet," I replied. “Nate Winters thinks it should be temporary insanity.” I told Snake about the incident at Steak and Ale.
“I think maybe I should have a talk with Nate,” Snake said. “He’s obviously not telling us something.”
“Good idea. I meant to go see him but just haven’t found the time.”
"No problem. Just leave it to me.”
“Thanks,” I said, relieved that I could remove one item from my To Do List.
“Anyway, we're getting down to the wire here. You should have already told the judge if you were going to plead temporary insanity. He might still let you do it, but you're going to have to make a decision before your opening statement."
"I know, what do you think?" I said.
"I don't think temporary insanity is going to fly frankly."
"That's my thinking too, reasonable doubt is the only chance we have. I just hope we can pull it off."
The doors to the courtroom opened and Hudson and Margie Westcott appeared. I nodded at them and then continued with our discussion. After a few minutes the Courtroom began to fill with spectators. A camera crew set up in the back of the courtroom. The judge would not allow the trial to be televised but he did allow the camera crew to film the courtroom before and after the trial each day and during breaks. I smiled as I noticed the big camera pointed toward me.
“Oh, by the way,” Snake said. “A messenger just delivered this package for you. He didn’t want to leave it with me but I assured him I’d give it to you.”
“Who would deliver a package to me at the Courthouse,” I asked as I examined the large manila envelope.
“Obviously someone who knows you are in trial today.”
“Huh. Do you think it’s another note from Doomsayer?” I asked inspecting it warily.
“I don’t know. Why don’t you open it and find out?”
“You think it’s safe?”
“Yeah, I don’t hear anything ticking.”
I laughed. “Okay, here goes.”
I opened the package carefully and pulled out a half dozen bound reports. The first one I saw was titled, Margie Westcott. “Oh, these are from Mo, the CIA guy I told you about.” I started reading the report on Margie.
“What’s he got to say about our dear Miss Westcott?”
“Well, she’s a member of the John Birch Society. That explains why she’s so sympathetic to the Children of God.”
“Really, somehow that doesn’t surprise me,” Snake said. “What else?”
“Ah, lets see. She had to take the LSAT twice to get into law school. . . . Her mother divorced her father when she was eleven. She wanted to live with her father but the Court awarded her mother custody.”
“Another kid screwed up ‘cause mom and pop couldn’t get along.”
“Oh wait, check this out. She is one of the founding members of the Children of God.”
“Really. Wow. That’s interesting,” Snake said. “Funny she didn’t mention that to us.”
“It sure is,” I said trying to fathom our discovery. “The bitch may well be Doomsayer. . . . God, I can’t believe it.”
“Well, that doesn’t prove she’s Doomsayer but it sure puts her at the head of the list of suspects.”
“I guess so. I can’t believe she’d join a radical organization like that.”
“She didn’t just join it, my friend,” Snake said. “Didn’t you say she was one of the founders?”
“That’s what the report says. . . . So now what? How can we prove she is Doomsayer?”
“You said you visited her office once, right?”
“Yeah.”
“I think it’s time you paid her another visit there.”
At 8:05 a.m. the door to the judge's chambers opened and the bailiff shouted, "Please rise, the 877th District Court is now in session, the honorable Albert Bryan Brooks presiding."
Judge Brooks took the bench, opened his file and said, "Good morning ladies and gentlemen. After you were excused last night, counsel interviewed a few of the jury panel members privately and then the court dismissed several jurors for cause. What that means is the Court determined that these jurors could not be fair and impartial and therefore were not qualified to be jurors. After that each side got six strikes. That means they got to strike six jurors from the jury panel for any reason that they felt was relevant. From the remaining panel members the jury will be selected. All right counsel, have you made your strikes?"
Hudson jumped up and replied, "Yes, Your Honor."
I stood and said, "We have, Your Honor."
"Very well, give your lists to the bailiff."
Hudson and I each handed the bailiff a sheet of paper and then sat down. The bailiff took the lists to the judge and they conferred momentarily. When they were done the judge said, "The bailiff will now read off the names of the jury members. If you hear your name, please take a seat in the jury box."
One by one the jury members took their seats and when they were all seated the judge said, "All right Mr. Hudson, would you please read the indictment?"
"Of course, Your Honor," Hudson replied. "In the name and by the authority of the State of Texas: The Grand Jury of Grayson County, State of Texas, duly organized at the June Term A.D., 1982 of the 877th Judicial District Court, Grayson County, in said court at said Term, do present that one Sarah Winters, defendant, on or about the third day of December 1981, in the County and said State, did intentionally or knowingly cause the death of her child, a female newborn infant, by placing a pillow over her face and suffocating her until she was dead, such act being against the peace and dignity of the State of Texas."
The crowd reeled in discomfort over the indictment and then an eerie silence fell over the courtroom. All eyes were focused on Sarah for her reaction. She didn't move, her sad eyes staring straight ahead. The judge made some notations, shuffled some papers and then looked over at Hudson. "All right Mr. Hudson, would you like to make an opening statement?"
Hudson stood up and replied, "Yes, Your Honor."
"Very well then, you may proceed."
"Thank you," Hudson said. "Your Honor, ladies and gentlemen of the jury. The story I'm about to tell you will not be pleasant, so brace yourself. The state will show beyond any reasonable doubt the following facts: About 7:00 p.m. on Tuesday, December 3, 1981 Sarah Winters was in her apartment with her roommate Michelle Bowers. Sarah was pregnant, however, she had concealed her condition from everyone but her roommate and a few close friends.
"She began to go into labor and was in intense pain. She wasn't due yet so she told Michelle she had food poisoning and that she shouldn’t worry about her. Michelle had planned to go out that evening and Sarah insisted she not cancel her plans. Reluctantly Michelle left, leaving Sarah home alone.
"As the evening progressed, Sarah's labor intensified until she finally delivered between eight and ten p.m. She successfully delivered a baby girl and it, for several brief moments, was alive and well. She cut the umbilical cord and placed the placenta in a garbage bag. Her perinaea, the area of the body between the vagina and the anus, had been badly torn during delivery so Sarah must have been bleeding profusely.
"I can't tell you exactly what happened next. Only Sarah Winters knows for sure. But sometime during the next hour Sarah Jane Winters took her child in her arms and placed it on the bed. Then she picked up a nearby pillow and placed it over her innocent little face, pushed it down with all her might until the baby was dead and lay limp on the bed.”
A woman in the audience screamed in horror. A murmur erupted in the gallery. The judge picked up his gavel and banged it on the bench, "I'll have order please!"
"How do I know this happened?" Hudson asked. "The medical examiner will testify that during the autopsy particles of feathers were found in the baby's lungs. Yes, this child was alive until she was brutally and mercilessly murdered by her own mother!"
Several women in the crowd began to wail in disgust. A man stood up and yelled, "You witch!"
The judge lunged for his gavel and pounded it repeatedly. "I'll have none of this! Bailiff, escort that man out of the courtroom! I will not tolerate any more outbursts."
The audience quieted down and Hudson went on with his account of the night of the murder. "Over the next few hours Sarah cleaned up her apartment, then she threw the baby into an ordinary garbage bag filled with other trash, carried it eight blocks away and threw it callously into a dumpster behind Sack’N Save.
"Now Sarah came very close to committing the perfect crime. The only thing she hadn't counted on was her excessive bleeding. Before long she became weak from a loss of blood and the long journey to Sack'N Save. When Michelle got home after midnight it was obvious to her that Sarah was very sick. So she and her boyfriend took Sarah, against her will, to the hospital. Upon examination by the physician on duty it was discovered that Sarah had delivered a baby that evening and that it was missing.
"Now why would Sarah want to kill her own child? What possible motive would she have for such a heinous crime? Well, the state will show that the father of the child was an ex-boyfriend named Richard Stein. Mr. Stein was also a student at ASU, but what is more important, Mr. Stein was an acknowledged drug dealer as well as an addict. Sarah had finally gotten rid of Richard and taken up with a new boyfriend, Greg Peterson, with whom she planned to be married. Obviously, a child of an ex-boy friend would jeopardize her relationship with Greg and she could not bear that. The only solution in her mind was to kill the child that would most assuredly come between her and Greg.
"But why kill your child when abortions are now legal? This is somewhat perplexing, but the state will show that Sarah's father is a Christian Scientist, and Christian Scientists are well known anti abortionist. Sarah could not have had an abortion without alienating her father and she could not bear that either. Again, the only viable solution in Sarah's mind was to kill the baby so that no one would ever know she had ever had it.
"Ladies and gentlemen of the jury when the trial has concluded I am certain the facts I have outlined will have been clearly proven beyond all reasonable doubt. It will be your job to see to it that Sarah Winters pays for her crime. It will be your job to see that the murder of this poor, innocent baby is avenged. Thank you," Hudson said.
"All right, thank you Mr. Hudson. Mr. Turner, do you have an opening statement?"
Hudson had delivered a persuasive opening statement. My stomach was in knots. What had I been smoking when I agreed to take on a murder trial? Oh God, what if I botched up her defense and she ended up in jail for the rest of her life. Snake looked at me and smiled. I smiled back and took a deep breath. "Yes, Your Honor," I finally said.
"You may proceed."
"Thank you Your Honor, ladies and gentlemen of the jury. I know you are feeling outrage at this time. I know what you have heard is very painful. I feel that pain and believe me . . . believe me, Sarah Winters feels that same pain more than any of us can imagine. It was her child who was brutally murdered before her own eyes.
"Now Mr. Hudson would have you believe that Sarah Winters killed her own child, but I would caution you not to accept his explanation of the events of December 3, 1981. All of the evidence that Mr. Hudson will present to you is circumstantial and highly speculative. There are no witnesses to what happened to the Winter's baby. The defense will call as an expert Dr. Norman S. Gerhardt, Ph.D., a renown psychologist, who will testify that the events of the evening of December 3, 1981 were so horrifying to Sarah Winters that she has totally repressed the events of that evening. Sarah Winters has no conscious memory of what happened on that horrid night.
"Ladies and Gentlemen, we will show you that there are several other suspects that are far more likely to have killed Sarah's baby than Sarah herself. These include her boyfriend, Greg Peterson and her ex-boyfriend Richard Stein. Neither of these two witnesses has an alibi. Either of these two suspects could just as easily have killed the Winter's baby. We will show you that the evidence the state will introduce is no more convincing against Sarah Winters as it would be against Greg Peterson or Richard Stein. In short, we will prove that there is reasonable doubt as to who killed the Winters' baby. And if there is reasonable doubt, then Sarah Winters is innocent. . . . Thank you."
As I went back to my chair, I watched for the jury's reaction to my opening statement. Overall they were stone faced but one of them, an older woman, smiled faintly. Perhaps they all hadn't made up their mind yet, I prayed. The judge told Hudson to call his first witness. He called Bernie Meadows.
"Mr. Meadows. How are you employed?"
"I work for the Sherman police department in the homicide division."
"How long have you been a police officer?"
"Eighteen years."
"And how long have you been with the homicide division?"
"Seven years."
"Were you on duty on the night of December 3, 1981?"
"Yes, I was."
"And did you have an occasion to go to the apartment of Sarah Winters?"
"Yes, I did."
"Why was that?"
"I got a call from the dispatch operator that there had been a call from officials at Bright Methodist Hospital about a missing baby. I was instructed to go to the apartment of Sarah Jane Winters to look for the baby."
Meadows testified how the police searched the apartment and surrounding neighborhood ultimately finding the black plastic bag in which the baby had been left. Several items of demonstrable evidence were admitted into evidence including blood soaked towels and sheets.
"How did you find out about the black plastic bag?" Hudson asked.
"I got a call over my radio about it so I drove right on over," Meadows said.
"And what did you observe?"
"Officer Graves was standing over the black plastic bag which he had removed from the dumpster."
"Was it opened?"
"No, he hadn't opened it. I had instructed him to leave it alone until the boys
from the lab arrived."
"What happened next?"
"When the lab team arrived, they opened the bag."
"Did you see them open it?"
"Yes."
"Please describe what you saw."
"The bag was filled with garbage, Coke cans, napkins, tin cans, plastic bottles, Kleenex, you know, miscellaneous garbage."
"Is that all?"
"No, there was another smaller white plastic bag inside the black bag."
"Was that removed?"
"Yes, one of the lab team members pulled it out and opened it."
"And what was in it?"
"A baby. A newborn female infant."
The court erupted in moans and screams of disgust. A flash went off and the judge grabbed for his gavel and smacked it on the bench. "Order! Bailiff, remove that reporter from the courtroom, confiscate the film in his camera and make sure he doesn't set foot in this courtroom again! I'll have no photographs taken during the trial of this matter! I've already ruled on that issue and I will not tolerate any disobedience of my explicit orders! Anyone who thinks I'm kidding may well find themselves behind bars!"
The judge's harsh attack on the photographer silenced the crowd. All watched intently as the photographer was escorted out of the courtroom. When the reporter was gone, Hudson looked over at the judge.
"Now, Mr. Hudson, please continue," the judge said.
"Yes, of course. . . . Now, where was I? Let me see, was the baby alive?"
"No, it was dead. The odor was—" Meadows shook his head. "Quite strong."
Hudson went back to the prosecution counsel table and brought over an evidence bag. He pulled out the black plastic bag, the white bag and various items of garbage.
"Are these the objects you just described Lieutenant?"
"Yes, they are."
"Your Honor, the prosecution requests that Peoples Exhibits 4-7 be admitted."
The judge looked over at me, I looked at the exhibit and said, "No objection."
"Peoples Exhibits 4-7 are admitted," the judge said.
"Did you find any evidence of anyone other than Sarah Winters having been in her apartment that night?"
"No, except Michelle Bowers and her boyfriend."
"Describe what you saw in Sarah's apartment other than what you've already testified."
"Well, it's a two-bedroom apartment with a small living room and kitchen. Sarah's room is where we found the blood on the sheets. In her room there was an unmade bed, a night stand with a lamp and clock radio, and a desk with a typewriter on it."
"Were there any signs of a struggle taking place in the apartment?"
"No, not really. The place was a mess but nothing was broken."
"Pass the witness," Hudson said.
Meadows was a seasoned professional. I didn't figure I would be able to discredit his testimony in any way but I thought, with a little luck, I might be able to confuse things a little. I got up and walked toward the witness. "Lt. Meadows, did you see anybody at Sarah's apartment when you went there on December 3, 1981?"
"No."
"Have you found anyone who claims to have been at Sarah's apartment between 7:30 p.m. and midnight?"
"No."
"So you don't know then what happened, do you?"
"I don't personally know. I wasn't a witness if that's what you mean."
"Now you found the baby some eight blocks from the apartment in a garbage bag, right?"
"Yes."
"Did you weigh the bag?"
"No, we didn't have a scale."
"Did you lift the bag?"
"Yes, I wanted to see how heavy it was."
"How heavy was it?"
"Objection, he just testified he didn't have a scale, Your Honor," Hudson said.
"I just want his opinion." I replied.
"Overruled."
"I would estimate eight to ten pounds."
"Now you've testified that there was a lot of blood in the apartment, and we will concede that the blood was Sarah's blood and it was her baby. So you're suggesting that Sarah killed her baby, began bleeding profusely, cleaned up her apartment, threw the placenta in a garbage bag with a bunch of towels, suffocated her baby, put it in a white bag inside a black trash bag, found a dumpster and threw in one of the bags, then hiked eight blocks carrying a 10-pound trash bag, threw it away in another dumpster, hiked back eight blocks and tried to act like nothing had happened?"
"Well, not precisely. But something like that."
"Let me ask you something, Lieutenant. Did you find any of Sarah's blood along the route to the Sack'N Save?"
"No."
"Did you find any blood anywhere other than in her apartment?"
"Just on the two bags and inside the bags."
"Don't you think your scenario is a little far fetched considering Sarah had just had a baby and was bleeding profusely?"
"Objection!" Hudson yelled. "Argumentative!"
"Withdrawn. No further questions," I said.
After Meadows stepped down, the judge dismissed us for lunch. It suddenly occurred to me I hadn’t mentioned to Sarah the need to search her apartment.
"Oh Sarah, I want Jodie to stop by your apartment and give it a once-over. Do you mind?"
Sarah gave me a puzzled look. "Why?"
"Just routine. There might be something we missed or something you didn't think was important."
Sarah didn't respond so I said, "Is that okay, Sarah?"
Sarah looked at me warily. "Well, I guess, whatever."
It was apparent that Sarah wasn’t anxious for us to search her apartment. Was it just the idea of someone invading her privacy or was she hiding something? I watched her a moment trying to figure it out. Finally, she turned away. I got up and looked at Snake. He shrugged.
I said, “I guess I need to figure out how to get into Westcott's office to see if there is any evidence there that might indicate she is Doomsayer. Any idea how I might to do that?"
"Tell her you want to review all the evidence again during lunch. Doesn't she have most of it up in her office?"
I nodded. "Okay, good idea."
I walked over to Miss Westcott who was just packing up to leave. "Ms. Westcott, I wonder if I could take one last look at the rest of your evidence before the afternoon session?"
"Right now?"
"Yes, if you don't mind."
"Oh. Gee. I've got a luncheon appointment. . . . Ah . . . Well, I guess I can call my secretary and tell her you're coming by."
"That would be fine. Thanks a lot."
"Okay."
Ms. Westcott left the courtroom and I went back to where Snake and Sarah were still standing.
"Okay, she agreed. I’m going to go over to her office in a few minutes. Her secretary is going to let me in to see it.”
"Perfect," Snake said. “She won’t even be there to keep an eye on you.”
Tom offered to go across the street and get us some sandwiches. I told him to get me a sandwich and I'd eat it when I got back. Tom left with the rest of our orders and then we retreated into the judges conference room to prepare for the afternoon session. The mood was grim. Sarah had little to say and Snake seemed detached and preoccupied. Since no one seemed interested in talking, I left. To avoid the press I took the back entrance and headed across the street to the District Attorney's offices. I remembered where Miss Westcott's office was from my previous visit so I went straight past the main receptionist to where her secretary was stationed.
"Hi, are you Miss Westcott's secretary?"
"Yes, you must be Stan Turner, Mrs. Westcott said you would be coming by. I've moved all of the evidence into the small conference room so it will be easier for you to inspect."
Damn it! I thought to myself. Why did you have to do that?
"You did? Oh, thank you. You're very thoughtful."
I followed the secretary to the small conference room. As we passed Miss Westcott's office I noted much to my dismay that the door was closed.
"Here you are. If you need anything just let me know."
"Thanks," I said.
I started to look at the evidence as if I were interested until Miss Westcott's secretary left. Then I walked over to the door and scanned the hallway to see if anyone else was around. Most everyone had left for lunch it appeared except for Miss Westcott's secretary who was camping out in front of her door.
If there was any chance at getting into her office her secretary would have to leave her desk. As I watched her for awhile, my level of frustration grew. After about ten minutes she finally got up and left. I didn't know where she went, or how long she would be gone, but I knew this was my only opportunity to check out Margie Westcott's office. I walked slowly down the hall looking for any sign of life and then I slipped unnoticed into the dark room. I turned on the light and shut the door.
The office was tidy with all of her work neatly stacked up into piles. I went over to her desk but didn’t touch anything for fear of leaving fingerprints. I carefully scanned the files on her desk until I came to one entitled Children of Despair. I opened it with the tip of my pen and saw a report entitled, "The failure of the Criminal Justice System - Alternatives."
I was about to read it when I heard a noise outside Margie's office. Quickly moving to the door, I opened it slightly and peaked outside. Margie's secretary had returned and was seated at her desk. "Damn!" I whispered. I looked around the room and saw the Bible that sat so prominently on Margie's credenza. I walked over to it and opened it up to where it was marked by a red ribbon. It was opened to Revelations 14. Hearing voices, I closed the Bible and went back to the door to take another look. My heart sunk as I saw Miss Westcott talking to her secretary. I was screwed!
Fear gripped me as I frantically racked my brain for a way out of my predicament. How stupid I had been to go into Margie’s office. Oh God, what and idiot! Suddenly the talking stopped and I heard footsteps coming toward me. Then it occurred to me, it would be better to find Miss Westcott than have her find me. I boldly walked out of her office.
"Miss Westcott, I'm glad you're back. There is an evidence bag missing. I thought maybe your secretary left it in your office."
"Ms. Westcott looked at me incredulously and then replied, "What are you talking about and how dare you go into my office alone!"
"Well, there's an evidence bag missing, your secretary was gone and you weren't here. I don't have all day!"
"Which bag is it?"
"Number seven."
"You idiot, number seven was just admitted into evidence!"
"It was? . . . Gee. . . . Oh God, I am so embarrassed. I'm so sorry."
I smiled, raised my hands, shrugged and then made a hasty retreat. As I got into the elevator, I wondered what Miss Westcott was thinking. I'd give a penny for her thoughts, hell I’d give her a hundred bucks. When I got back, Snake was alone staring off into space. He had a small silver flask in front of him. I didn’t say anything, but wasn’t pleased to see that he’d been drinking on the job. He sat up and smiled.
"So, how did it go?" he asked.
"Not so good, they moved the evidence out of Margie's office."
"Oh wonderful. Then you wasted your time?"
"Well, not exactly. I slipped into her office anyway."
"Without her permission?"
"Right."
"Are you crazy?"
"Yeah, probably. Anyway, I didn't have time to do much snooping around but I did find a file on Margie's desk about the Children of Despair."
"Children of Despair?"
"Yeah, I wish I would have had more time but Margie's secretary came back and I had to cut my visit short."
"That's all you got?"
"Well, pretty much, I looked in her bible. She had Revelations 14 marked."
"How did you get out of there?"
I told him.
"Do you think she bought your story?"
"I don't know. I hope so."
Snake stared at me with a worried look. “So do I.”
When Tom and Sarah returned, the smell of hot barbecue seemed to awaken us from our doldrums. Snake and Tom quickly began eating. I noticed Sarah was not eating.
"You've got to eat. You're going to be under a lot of stress during the trial and you'll need your strength," I told her.
"If I had eaten anything this morning I probably would have puked," she said. "You wouldn't want that would you?'
"No," I said.
"Do you work out or jog, Sarah?" Snake asked.
"Are you kidding?" she replied. "I hate exercise."
"That was a good cross, Stan. The jury's got to be wondering if Sarah's some kind of Wonder Woman."
"Thanks. I hope it gave them pause for reflection."
"What's your strategy with Esteban?"
"Well, I figure since he examined Sarah on the night she delivered I might use him as my unofficial expert witness. What do you think?"
"Good plan, he's independent so it shouldn’t matter to him."
"I hope not."
At one-thirty everyone had gathered back in the courtroom for the afternoon session except Miss Westcott who was absent. I was nervous that she had not returned. Was she filling out a complaint against me with the Sheriff or calling the State Bar to file a grievance? At 1:37 p.m. the judge entered the courtroom and the trial resumed. At 1:43 Miss Westcott finally showed up and joined Hudson at the prosecution counsel table.
"Mr. Hudson, call your next witness," the Judge said.
"The prosecution calls Dr. Manuel Esteban."
The bailiff brought in Dr. Esteban and he walked to the witness stand where the court reporter administered the oath.
"Dr. Esteban, how are you employed sir?"
"I work for Bright Methodist Hospital in Sherman as an emergency room physician."
"And were you on duty on the night of December 3, 1981?"
"Yes, I was."
"And did you have the occasion to examine Sarah Winters that night?"
"Actually I didn't see her until after midnight."
"What were her symptoms when she was admitted?"
"She was weak, pale, low blood pressure and running a temperature."
"Did you examine her?"
"Yes, I did."
"What was her condition?"
"She was bleeding heavily from a large laceration caused from a recent childbirth."
"How did you determine that?"
"I did a pelvic exam and found her uterus to be extended and her stomach to be enlarged as it would be if she were pregnant."
"What did you do then?"
"I asked her where her baby was."
"What was her response?"
"She said she didn't know."
"Did she say anything else?"
"Not really, she was in shock and couldn't really communicate effectively."
"Did you do anything else?"
"I asked Michelle Bowers about the baby, but she hadn't even known Sarah had delivered."
"I see. Is that all?"
"No, then I called the police."
"Thank you, Doctor, pass the witness."
I stood up and looked intently at Dr. Esteban.
"Doctor, you testified that Sarah Winters was weak, pale and had lost a lot of blood, is that right?"
"Yes."
"You said she was in shock, I believe?"
"Yes."
"Would she have been in shock immediately after having her baby in your opinion?"
"It's hard to tell for sure, but that's quite likely."
"Could a woman in Sarah's condition carry two heavy bags several hundred yards, unload one of them and then carry the other one eight blocks, dump it and walk eight blocks back to her apartment?"
"It depends."
"It depends on what?"
"Well, her general physical condition and mental state."
"I see, and could Sarah Winters have done this considering her physical condition and mental state in which you found her on December 4
, 1981?"
"No, but several hours earlier she might have been able to do it. You see when a person is in distress the body produces adrenalin which often gives a person abnormal strength and energy."
I didn't figure arguing with the doctor about the effect of adrenalin on the body would do much good. My point had been made and the jury, especially the women, seemed responsive to it. The judge dismissed the witness and Hudson called his next witness, Michelle Bowers. Michelle got up and approached the witness stand. The bailiff gave her the oath and then she sat down.
"Ms. Bowers, you're Sarah Winter's roommate, is that right?"
"Yes, sir."
"So you recall the evening of December 3, 1981?"
"Yes."
"Could you describe what happened, let's say starting at about 7:00 p.m.?"
"Yes, sir, I had a date but Sarah was so sick I wanted to cancel it. Sarah wouldn't let me do it though. She insisted I go ahead. She said she just got a little food poisoning and she'd be okay."
"What time did you leave?"
"Around 7:30 I think."
"Did you do anything before you left?"
"Yes, I went next door to be sure Alice would be home if Sarah needed her . . . and I called Sarah's parents."
"Did you make contact with Sarah's parents?"
"No, they were out so I left a message with Nate."
"Who's Nate?"
"He's Sarah's stepbrother."
"Okay, did you leave then?"
"Yes."
"When did you return?"
"Around twelve-thirty or one."
"When you returned did you see anyone?"
"No, the place was pretty deserted."
"What happened next?"
"We went inside. Sarah was asleep. The light was dim so I didn't look at her too closely, but when I went into the bathroom and saw all that blood, well, I got concerned. I woke her up and saw that she was very pale and looked awful. I knew I had to do something."
"So, what did you do?"
"We took her to the emergency room."
"During the time you came home and took Sarah to the emergency room did she say anything to you about a baby?"
"No."
"Did you ever suspect she had delivered a baby?"
"No."
"Did Sarah ever take drugs?"
Michelle paused a moment and replied, "Not to my knowledge."
"Isn't it true that she dated a known drug dealer, Richard Stein?"
"Yes, it wasn't easy for Sarah to get dates. She was so shy. So when Richard came along it was a new experience and she liked it. But after a while, when she found out Richard was a drug dealer and basically no good, she dumped him."
"How long did they date?"
"Several months."
"Didn't they date more than four months?"
"I guess."
"And they were intimate during that time, weren't they?"
"Yes."
"And during that time didn't Sarah take drugs. And I must remind you, you're under oath."
"Maybe. I don't know."
"Did Sarah ever tell you she was worried about the baby being abnormal because its father had been on drugs?"
"The topic came up, but Richard wasn't a big user. He sniffed a little coke once in a while but he knew better than to become dependent. He was a businessman."
"What were Sarah's plans for the baby when it came?"
"She didn't share them with me."
"I find that hard to believe," Hudson said. "You were her best friend. She never told you if she was going to keep the baby?"
"Oh, I knew she wasn't going to keep the baby. That was a given."
"Why is that?"
"She kept the pregnancy from her parents so obviously she couldn't show up at home one day with a baby."
"So you assumed she was going to have an abortion?"
"No, Sarah didn't believe in abortions so I had pretty much come to the conclusion that she had made plans to give the baby away," Michelle said.
"Did you ever observe Sarah make any contact with anyone about putting the baby up for adoption?"
"No."
"What if I were to tell you that Sarah did not contact one single adoption agency in the city of Sherman prior to the night of the murder?"
"She was a procrastinator."
Hudson shook his head. "I guess so."
"Thank you Miss Bowers, no further questions," Hudson said.
"Mr. Turner, your witness," Judge Brooks said.
Being Sarah's friend, I knew Michelle would try to help Sarah with her testimony any way she could. All I had to do was ask her the right questions so she'd get the opportunity. I walked up to her and smiled.
"Thank you, Your Honor," I said. "Ms. Bowers, you must have gotten to know Sarah pretty well since you were her roommate, right?"
"Sure," she said.
"Is Sarah an intelligent girl?"
"Yes, she's very smart and studies hard."
"Is she religious? Does she go to church?"
"Not really, she's technically a Christian Scientist, but I don't think she's totally committed to it."
"How would you describe her personality?"
"Quiet, reserved. She was kind of a loner."
"How did you two meet?"
"We were assigned dorm rooms together our freshman year and we got along so well we got an apartment together this year."
"So you've known her for several years?"
"Right."
"Would you consider her to have a high moral character?"
"Absolutely!"
"What about Richard Stein?"
"Like I said he was a novelty for Sarah. She had never had a real boyfriend and he was nice to her at first. She didn't know about this drug dealing until later."
"Did she dump him immediately upon hearing of the drug dealing?"
"Not exactly, she ignored it at first, but one day when Richard was stoned out of his mind he beat her up. That was the end. Sarah never spoke to him again."
The gallery erupted in chatter so Judge Brooks picked up his gavel, slammed it a couple of times and said, "Order, I'll have order please."
"Did Sarah use birth control pills?"
"No, she couldn't take the pill, it was against her religion to go to a doctor."
"So did she use any kind of birth control?"
"Objection, calls for speculation."
"Sustained," Judge Brooks said.
"Ms. Bowers, do you know who was the father of Sarah's child?"
"Objection! Calls for speculation," Hudson said.
"Your Honor, she may know," I replied.
"Answer, only if you know from your own personal knowledge."
"It had to be Richard."
"Why is that?"
"Sarah didn't date anyone else, I know she didn't. I was with her every day."
"Did Sarah tell Richard Stein she was pregnant with his child?"
"I think she did."
"You think?" I said.
"Sarah bumped into Richard after she had figured out she was pregnant. He called her several times after that so I assumed it was about the baby."
"Do you know what they talked about?"
"No, Sarah wouldn't tell me. I asked her but she said she didn't want to talk about it."
"Did you ever talk directly with Richard?"
"No, I never liked him much. He'd sell drugs to his own mother if he could. Anything to make a buck," Michelle said.
"Doesn't Sarah have a new boyfriend now?"
"Yes, Greg, but he has only known her for a few months."
"Ms. Bowers, in your opinion could Sarah Winters kill anyone?"
"No, absolutely not! She'd never do that."
"In your opinion could she have killed her own child?"
"No way. Never."
"Thank you, Miss Bowers. No further questions."
"Mr. Hudson, redirect?"
"Yes, Your Honor. Miss Bowers, you say Mr. Stein must have been the fath
er of Miss Winter's baby, right?"
"Yes."
"But you were not with Sarah every minute, were you?"
“Objection,” I said. “Counsel is leading the witness.”
“Your Honor, it’s obvious Miss Bowers is friendly to the defendant and would like to help her any way she can. I ask that she be declared an adverse witness.”
The judge nodded. “Request granted.”
Hudson turned to the witness, “You may answer.”
“What was the question?”
“You were not with Sarah every minute, were you?”
"No, not every minute."
"Did you ever go home for the weekend and leave Sarah alone?" Hudson asked.
"Yes," Sarah replied.
"So it's possible Sarah could have had sexual relations with someone you didn't know about?"
"I don't think so."
"But it's possible, right?"
"I guess."
"Now you said Sarah couldn't kill anyone, right?"
"Yes."
"Particularly her own child, right?"
"Absolutely."
"That's your opinion, right?"
"Uh huh."
"Did you ever think, in your opinion, that Sarah would date a drug dealer?"
Michelle didn't respond.
"Isn't that right, you never dreamed Sarah, innocent little Sarah, would date a drug dealer, did you?"
Michelle still did not respond.
"Your Honor, would you instruct the witness to answer the question."
"Miss Bowers, you must answer the question," Judge Brooks said.
"No."
"So you were wrong about Sarah and Richard Stein and you could be wrong about whether Sarah was capable of killing her baby, isn't that right?"
"No, she wouldn't kill her own flesh and blood. I know she wouldn't."
Hudson and Michelle’s eyes locked. The courtroom became deadly silent as they stared each other down. The judge looked at Hudson and then Stan. "Okay, any more questions gentlemen?" he said.
Hudson turned to the judge, rubbed his chin as he contemplated the question, and then replied, "No, Your Honor.
"No further questions, Your Honor," I replied.
During the balance of the afternoon Hudson brought on the coroner who testified about the cause of death and specifically that the baby had been suffocated. Then he brought on a forensic expert who testified that Sarah's fingerprints were on each of the plastic bags used in the crime. It was nearly 4:30 p.m. when I took Sgt. Smalley on cross examination.
"Mr. Smalley, now you've established that Sarah's fingerprints were on each of the three trash bags used to dispose of the placenta and the baby, is that right?"
"Yes."
"Did you find any other fingerprints?"
"Yes."
"What other fingerprints did you find?"
"Mr. Peterson's print was on one of the bags."
"Which bag?"
"The big black one used to dispose of the placenta."
"Did you personally inspect the crime scene?"
"Yes."
"Were you able to determine where the bags in question came from?"
"Yes, the bag used to dispose of the placenta had been under the sink lining the trash can there."
"And the others?"
"The small white one had been in the bathroom and the other black one had come directly from the package from which it was purchased."
"So it's possible that Sarah, or for that matter, Greg Peterson could have touched the bag from under the sink or the one in the bathroom before the murder, isn't it?"
"Sure."
"What about the one straight from the package, the one in which the baby was placed. Whose fingerprints were on that one?
"There were two sets of prints, Sarah and an unidentified person."
"Oh really? You mean there was a set of prints that did not belong to Sarah or, well tell me, . . . who all did you check the prints against?"
"We checked the prints against the defendant, Greg Peterson, Richard Stein, Michelle Bowers and her boyfriend, Henry Hampton and several others that frequented the apartment."
"I see, but none of these matched."
"No, sir."
"So some unidentified person must have been there when the baby was killed."
"Objection, calls for a conclusion, calls for speculation."
"Sustained."
"Where on the bag was the fingerprint found?"
"Near the top where the opening is situated."
"So, is it your opinion the print was from someone holding the bag open?"
"Yes."
"How many prints did you find?"
"Two, a thumb and an index finger."
"Did you find any of these prints in the apartment?"
"No."
"Thank you, no further questions."
"Any redirect," Judge Brooks asked.
"No, Your Honor."
"Very well, it's nearly five o'clock so we'll recess until ten a.m. Monday morning. Court's adjourned."
"All rise!"
I tried to slip out the back door with my police escort but I was spotted leaving the courthouse and a mob of reporters surrounded me.
"Mr. Turner, has the prosecution surprised you with any of its evidence?" a reporter asked.
"No, not at all."
"How is your client holding up?"
"Very well, she’s a tough little girl."
"What about the unidentified prints?"
"What about them? Obviously someone else was at the scene of the crime, most likely the real killer."
"Do you know who he is?"
"We've got a good idea."
I was lying, I had no idea, but I figured if I could create a little doubt with the press, it might somehow trickle down to the jury.
I was mentally and physically exhausted but I went straight to my office anyway to see if there were any emergencies. Two weeks out of the office could spell disaster for a solo practitioner and I was painfully aware of that fact. Clients got very restless when they couldn't talk to their attorney and new business usually came to a halt. So I wanted to answer as many phone calls as I could before I called it a night.
It was shortly after six p.m. when I finally walked into my office. It was dark as Jodie had obviously left at five. I turned on the lights, walked over to Jodie's desk and grabbed the large stack of messages that she had left me. I sorted through them and separated out the ones I thought I might reach that evening. I went to my desk, sat down and started calling. I made ten or fifteen phone calls before I came to one from Marleen Wiggins.
It wasn't ethical for me to call her since she had an attorney and we were in the middle of a lawsuit, but my curiosity was so great I dialed her number anyway. She picked up on the second ring.
"This is Stan. You called?"
"I'm so sorry, Stan," she said. Her voice strained like she'd been crying, "to have to do this to you in the middle of your murder trial. I always liked you until you sold out to the devil. I’m curious though, what kind of a retainer did Satan give you?"
"Are you drunk?" I said noticing her slurred speech.
"Yes, of course I'm drunk. I’ve been drinking a lot since Bobby’s death."
I was flabbergasted. Marleen Wiggins was a sweet old grandmother and she had suddenly gone mad. What had happened to her to cause this? I took a deep breath trying to figure out where to go with the conversation.
"How did I sell out to the devil?"
She laughed. "Don't play innocent with me. You know everything. You planned it all."
"What did I plan?"
She began to cry. "To destroy Bobby and me," she said. "To destroy our lives."
"Marleen. I don't know what you're talking about. Maybe we should get together and discuss it."
She suddenly regained her composure. Her voic
e was now firm and steady. "Yes, I'd like that."
"Okay, after the trial is over. Give me a call. You'll have to get your lawyer's permission though, otherwise I can't talk to you without him present."
"No, we must talk alone. I'll get his permission and call you."
What was that all about, I wondered? I had believed that greed motivated the civil suit against me, but now I wasn't so sure. Marleen was harboring some serious bitterness toward me and not because I had neglected to warn them about an icy sidewalk. Something terrible must have happened between her and Bobby and she obviously blamed me. That's why she didn't resist her children's insistence on suing me. Everything was starting to make sense, but what was it that I had done to cause so much bitterness?