Murder one in midvale co.., p.15
Murder One in Midvale Corners, page 15
Mildred skipped down the sidewalk, her long legs, encased in pink and green stripped tights, almost a blur. Penny smiled.
She’s a bright, slightly weird child of the twenty-first century, Penny thought. I never had a cell phone to call me home. Mom yelled as loud as she could and we came running.
Her thoughts turned to the idea of the local art teacher being a sketch artist. I sure hope it works.
The phone was ringing when Penny and JD came in the front door. Picking up the phone, she heard her mother say, “Of course, you can fix it on Sunday.”
“Mom?” Penny said. “Who are you talking too?”
“Hi, sweetie. Your father. I want him to fix that loose door panel on the Jag. It’s not safe for you to drive it that way. Can you bring it over sometime later today? He can work on it in the morning. I’ll come get you tomorrow—we can have a nice dinner—and your car will be fixed.”
“Does Dad know all this?” Penny asked.
“Yes, he’s standing here, nodding his head.”
Penny heard a shuffle noise and then her father said, “I’m sure I can fix it in an hour or so. I bought the special tools and screws I need over the Internet. Here’s your mother.”
Penny and her mother arranged to meet later that afternoon. After her usual breakfast of yoghurt and blueberries, Penny took care of her Saturday morning chores and then was off to her office to check mail and tend to those things best done without interruptions.
“We’ve been invited to the Gallagher’s for dinner this afternoon,” Mabel said to her son, Alex, reading the Sunday paper at the dining room table.
“What’s the occasion?” he asked his mother looking up from the article on the latest antique car show.
“No reason, really, Kitty and I want to talk about the Wine and Stein Fundraiser for the Zoo. She’s on the committee,” Mabel said casually. “Oh, and we have to pick up Penny on the way. She’s expecting us shortly before two. The Judge has her car. He is doing some work on that old Jag.”
“That ‘old Jag’ is a beautiful car and what are you and Kitty up to? You can talk about the committee work any time. I am quite capable of taking care of my own dating life,” Alex said.
“I can see that,” his mother said dryly.
Alex smiled to himself. He didn’t want his mother to know that he was pleased with the plan. He thought about Penny more than he expected he would. He hadn’t called her because he knew how busy she was with a murder trial coming up. But this could prove to be a pleasant non-threatening interlude. Finishing the paper, he went upstairs to get ready for the afternoon.
Promptly at 1:55, Alex and his mother pulled into Penny’s driveway. Alex smiled at Penny when she opened the door. She returned his smile.
“You stay here and take care of the house,” she told JD, closing the front door behind her. “He can stay home,” she said in response to Alex’s questioning look. “We took a long walk this morning and he’s ready for a nap.”
Alex held the car door for Penny. She and Mabel said their hellos and they were off to the Gallagher’s.
When they pulled into the driveway, they saw Judge Gallagher standing next to the green Jag. He was rubbing the knuckles of his left hand. They couldn’t quite hear the words coming out of his mouth but from the frown and the head shaking they decided that was just as well. Mabel and Penny got out of the car and walked to the front door. Alex walked over to the Judge.
“You are just the person I need,” Judge Gallagher said. “I can’t hold the door panel in place and put the screws in at the same time. The screws a bit large and need some push to get them in.”
Alex nodded, moving to the side of the door. He reached one hand inside the rolled down window and the other on the outside. Bracing the door against his knee and using both hands to hold the interior panel, the door was stable.
“Does that scrape hurt?” Alex asked looking at the Judge’s bloody knuckles.
“Not too much. I’ll take care of it when we finish this.”
“Did you see that the Spring Antique Car show will be part of the Automobile Show in Detroit? You should enter this car. It’s in beautiful shape and it was manufactured by the Brits, not by Ford or TaTa in India. Those Jags are pretend Jags in my opinion.”
Judge Gallagher laughed. “I’m sure the folks that buy the modern Jag would not want to think that their cars were ‘pretend Jags.’ And I bet they are happy their cars run reliably. The old ones—particularly this model—need lots of TLC. If Penny has a car by then, I’ll think about entering it.”
“I’ll be glad to help you get it ready,” Alex said.
“Dinner’s ready,” Penny said, coming around the corner of the garage. Her mother hated that the garage was not attached to the house. She didn’t like making the walk from the garage to the house when loaded down with groceries. The Judge liked the garage right where it was. It could hold three cars, had its own furnace, banks of electrical outlets, and its own water supply. He could stay out there happily working on his old cars for hours at a time.
“Good, I just put in the last screw. That should hold it,” Judge Gallagher said, putting the tools in their proper places in the tool chest. He and Alex followed Penny into the house.
“What happened to your hand,” Kitty said, looking at the scraped knuckles. “I’ll get the Neosporin—wash it good. Does it need a Band-Aid?”
“No, it’s stopped bleeding and the antibacterial cream will take care of it,” said the Judge taking the tube from his wife.
The group went into the dining room where Kitty instructed all where to sit. She sat at the foot of the table, near the kitchen door, the Judge was at the head, Alex and Penny on one side and Mabel and Rob, Penny’s younger brother who happened to stop by in time for dinner, on the other side.
“My wife and kids are visiting her parents up North,” he said by way of explanation to Alex who hadn’t known he was there. “Mom was kind enough to invite me for a good meal. I’ve been eating out all week—I had forgotten how tough it is to be a bachelor.”
“Alex wouldn’t know, but he should listen, I won’t be around forever,” Mabel said. “I keep…”
“Would you like sweet or mashed potatoes, Mabel,” interrupted Penny, who was helping her father put food on the plates. “The roast looks wonderful, Mom.”
Conversation turned to events in Midvale Corners. Kitty’s rule that no business was to be discussed during dinner kept things light and cheerful.
“We have apple crisp for desert,” Kitty announced when everyone’s plate was empty. All agreed that a small piece of pie would be perfect. Penny and Mabel helped Kitty clear the table. Dessert and coffee served, the conversation turned to the election and murder trials.
“How’s the campaign, Dad,” asked Rob.
“I think I’ll be fine. There are three spots open and four people running—Alph Munson and incumbents—it would be hard to lose,” he said laughing then turning serious. “I’m more concerned about who is trying to harm Penny. That bomb was frightening. Thank goodness JD was on the ball. Dan says they are still investigating.”
“Mike, the prosecutor, doesn’t think the blowing up of my car and Horace’s case are connected, but Kyle and I disagree. I’m sure there is a connection somewhere but we just don’t know where,” Penny said.
“I certainly hope you’re being careful,” said her mother. “If they tried once, they might try again. Whomever ‘they’ are.”
“Of course, I’m being careful. I let JD inspect when he wants. I would hate for someone to blow up Dad’s car.”
“I’m more concerned with someone trying to blow up my daughter,” said the Judge. “I can get another car but I can’t get another daughter.”
“How is the murder case?” Alex asked. “Can I help?”
“We’re making progress,” Penny said. “Kyle is investigating some leads. The Midvale Corners Literary and Investigatory Society is at work and I’m working on motions. I would like to get the trial adjourned until we know more about the bomb, but Mike is not cooperating.”
“You know I’ll help with the motions if you need it. I have used all kinds of pre-trial motions in my practice. Your motion for change of venue might bear fruit. I don’t know how you’ll get an unbiased jury in this town. Everyone knew Dick and whether they liked him or not, they still might have an opinion. And not everyone approves of Horace’s lifestyle. Judge Sanford might be more than happy to send this matter off to another judge to deal with.”
“I was thinking along those lines,” Penny answered.
Kitty rose to clear the table and Penny and Mabel followed suit. Soon the table was cleared, foodstuffs put away, with portions for Rob and Penny wrapped in foil to be taken home to enjoy later, the dishes rinsed and in the dishwasher.
The time came to go home. Rob grabbed the bigger of the packages, gave his mother and Penny a peck on the cheek and went out the door. Penny started gathering her things to go home. She said her goodbyes. Mabel and Alex followed her out the door.
“I’ll wait in the car if you and Alex want to talk,” Mabel said.
Penny and Alex laughed at her not-so-subtle matchmaking.
“I’m sorry, Penny,” Alex said. “My mom can be a bit pushy.”
“As can mine,” Penny said. “You notice that there wasn’t any talk about the Zoo fundraiser even though that was supposed to be the reason we were at the same table.”
“I noticed. I did mean it, if you need some ideas for pre-trial motions, I’ll be glad to send them over. I have your e-mail.
“Thanks,” Penny said, opening the car door. Alex came over to close the door after she swung her long legs into the car. He closed the door carefully so as not to loosen the door panel, smiled, waved good-bye and went over to join his mother in his car.
Penny watched him. She caught a whiff of the aftershave he wore. She wondered what it was—it smelled spicy. She liked the way he walked. He carried himself with confidence. And the old leather jacket accented his still slim waist. He might be approaching middle age, she thought, but it is easy to see that he works out and takes care of himself.
Alex backed his car out of the driveway. Mabel waved good-bye. Penny backed out and headed the other direction.
“When are you going to see Penny again?” Mabel asked.
“Mom, Penny is working hard on defending Horace, she doesn’t have time for social activity now.”
“All the more reason to call her. She needs a break once in a while. It would help clear her mind, which could give her a new perspective.”
Alex nodded. His mother might be right. Penny could use a release from the trial prep. While he used the gym as a release from the stress of a busy law practice, maybe a movie or a coffee would be good. He realized that he was looking forward to their next meeting.
Chapter 18
G ood morning,” Penny said to blue-eyed, blonde receptionist guarding the sixth-floor offices of the Swanson, Mitchell and Cross, located in downtown Culver City. “I’m here to see Gordon Swanson.”
“I’ll tell him you’re here,” she answered.
Penny thought she looked a little too fresh and perky for a cold, cloudy, November, Monday morning.
At a few minutes after nine, Gordon walked into the reception area. He smiled at Penny, his teeth white against his tan face. Penny suspected he bleached his teeth and spent some time in the tanning bed at the gym but that small vanity didn’t matter—he was a well renowned criminal defense attorney and long-time friend of her father. As a matter of fact, they started a practice together when they were fresh out of University of Michigan law school.
Gordon led Penny down a hallway to a conference room. “I’m in the midst of a trial, my office is a mess, so we’ll meet in here,” he said opening the door to a large room with tall windows overlooking the city. The oval shaped conference table was almost bigger than Penny’s office. Twelve chairs were tucked neatly around the oak surface. A carafe of coffee was sitting on the sideboard.
“Would you like some coffee?”
Penny, who never refused coffee, nodded. After the coffees were poured and they were settled at one end of the table, Gordon said, “Now, how can I help with Horace’s case?”
“My theory of the case is simply that Horace didn’t kill Dick. So far, all the evidence is against him, but after someone blew up my car, I became convinced that Horace was not the killer. Mike doesn’t believe the bomb and Dick’s murder have anything to do with each other, but I don’t think I have any clients who want to blow me up. Kyle and I are convinced that the bombing is related.”
“I want to delay the trial until we can get the bombing sorted out. Dan Dunlap agrees with me, but he won’t say so out-loud. Mike won’t agree to an adjournment so I am preparing a motion asking the Judge. I’m not sure that will work, but I can try.”
“I’m also asking for a change of venue to move the trial to another county. I’m not sure Horace can get a fair trial here.”
“I agree,” said Gordon, “I’m not sure he can either. On your motion for a change of venue, you might ask for a visiting judge if the court won’t go for a geographic change,” suggested Gordon. “If that doesn’t work, then I would also ask that the qualifying of the jury be done individually in the Judge’s chambers. That way you might be able to discover which of the jurors is biased. They will sometimes be a bit more forthcoming if they aren’t answering in an open courtroom.”
“That’s a great idea,” Penny said, taking notes on her usual yellow legal pad. “If the judge denies the other requests, he will probably go for the third. It might take more time, but it could help with the prejudice problem.”
“How do I handle the press? I get questions every day and I don’t have a ready answer.”
“I have two answers. In the early stages, when I don’t have a clear idea what my legal theory is going to be, I tell them I want to ‘try the case in the courtroom not in the court of public opinion.’ Once I have a legal theory or defense, I give them that sound bite. My belief is that if I can’t explain succinctly to a reporter the theory of my case, how can I explain it to a judge or a jury? That seems to work for me.”
“Have you received the list of witnesses the prosecution intends to call? I would suggest that you ask Kyle to interview them. He might find a new avenue of investigation to pursue.”
Gordon continued to explain his method of trial preparation. Penny took notes as fast as she could. At first, she was overwhelmed with the task ahead of her, but gradually she began to realize that she understood what he was saying and had thought of many of his suggestions herself.
“Remember that a murder trial is like a marathon—you’ll notice that as the date gets closer you get frantic, right up to the time when you start questioning the jury. At that point, you’re off and running. You jog through your opening statement, speed up as the questioning of witnesses and evidence is introduced, and then, before you know it, it’s time to stop and give your closing argument. Get lots of rest. Know your facts cold, have the Court Rules and the Rules of Evidence at your fingertips, and you’ll do a great job.”
Penny paused in her writing, staring out the window, motionless. Gordon waited and then asked,
“Any more questions?” pulling Penny away from her thoughts.
“No. Thanks so much. This has really been helpful.”
Penny stood, stuffing her legal pad in her briefcase. She followed Gordon out the door and into the reception area. Gordon turned, smiled, and shook her hand. “If you have any more questions, don’t hesitate to call—day or night—I’m glad to help.”
They parted, Gordon going through the door to his office, Penny hopping through the elevator doors, which opened immediately when she punched the button. Penny left the building, found the green Jag where she left it in a corner of the parking lot, climbed in and headed back to Midvale Corners.
An hour later, Penny opened the door to her office. JD padded over greeting her with a nudge on the hand. Penny looked at Althea questioningly.
“I stopped by your house and picked him up. I knew you wouldn’t have time this morning.”
“Thank you—I’m sure JD would rather be here than at home.”
Penny crossed the small reception area, went into her office, put her briefcase on her desk, and turned back to Althea.
“Gordon was helpful. He gave me great ideas for pre-trial motions to file.”
“Which you will have to file soon--we got a notice that the pre-trial conference is set for November 17th and today is the 9th. The motions will have to be filed by tomorrow. I have your draft. Can we finalize it by tomorrow?”
Penny smiled and nodded yes. “I worked on them this week-end. Gordon agreed with my request for a change of venue. I just have to add another request and tweak it a little.”
Penny went into her office, pulled out her notes, booted up her new computer, and began to compose the final touches to the document. She planned to file it electronically with the court and the prosecutor’s office no later than the next morning.
Time passed quickly. Sometime after noon, Penny felt eyes staring at her. She looked up to see JD standing in the doorway to her office looking from his lead hanging on the doorknob to Penny and back again. She smiled at the big dog, stood up and moved over to grab the lead and attached it to his harness.
“Do you want a sandwich from the Deli?” she asked Althea. “I can pick it up on our way back from our walk. I think I’ll get the veggie wrap. I think I need veggies after the big roast beef dinner at my parents’ house yesterday.”
Althea, who usually brought her lunch every-day, shook her head, no. She favored the ploughman’s lunch of sharp cheese, hard salami, a small roll and fruit that she discovered when eating in the pubs of London on her last long trip abroad.
“Kyle called to say he would be here around two o’clock,” Althea said. “Maybe you can get a treat at the bakery for a snack?”
