Murder one in midvale co.., p.2
Murder One in Midvale Corners, page 2
“Ms. Johnson, over here, can we get an interview?
“Penny, is your client guilty?” asked the reporter with the camera man.
“Ms. Johnson, this way.”
Penny looked at the three reporters with their photographers and bright lights and microphones being jabbed in her direction. She kept walking, trying to get past them with a simple ‘no comment.’
Suddenly she felt a hand at her elbow pushing her along. Alex was there, smiling.
“Let’s see if two of us can get through this trial by reporter safely,” he said.
“No comment,” said Penny to the closest reporter. “I want to try my case in the trial court not in the court of public opinion.”
Penny and Alex pushed through the crowd, opened the door to the courthouse moving quickly into the security area.
“You can let go of my arm now,” Penny said unloading her briefcase onto the conveyor belt. “But I do appreciate your help.”
“Reporters can be persistent,” said Alex coming along behind her.
Alex saw an assistant prosecutor standing with an armload of files in one corner of the reception area. He knew she was there for the misdemeanor arraignments. He went off to stand in line with the other lawyers trying to get a good deal for their clients.
“Is Penny Johnson here for the murder?” asked the lawyer in front of him in the line. “Has she ever handled a murder case?”
“I don’t know,” said Alex, his hazel eyes narrowing, looking at the shorter man. “She’s smart, she’ll figure it out.”
Why am I defending her, he asked himself? He had been attracted to Penny when they were in school as kids, but that was a long time ago.
Glancing out the front window of the courthouse, Penny saw Mike Pritchard, the prosecutor, talking to the reporters. He looked like he was enjoying the attention. She was sure that he saw this as a big opportunity, since he was up for re-election in the fall.
She went into the court to see the clerk and the list of arraignments for the afternoon. Horace was first on the list.
“The judge wants this one up first,” said the clerk, taking a copy of Penny’s appearance for the file. “This is a big case, you know. We don’t have murders here—it’s just not done in Midvale Corners.”
She took a seat at the defendant’s table to the right of the judge’s bench. She wouldn’t have a live client; he would still be at the jail. Mike Pritchard came striding into the room. Penny got up to go have a word. Maybe she could get him to agree on a low bond.
“Your client is guilty,” Mike said. “He should plead guilty and save us all some time. And don’t even think about getting a bond. Horace is menace to the community.”
“Why don’t we let the judge decide that issue,” said Penny walking away. She saw Ryan Nelson, Horace’s partner, motioning to her.
“Oh, my god, Penny, have you seen Horace? Is he all right? How can anyone believe that he killed Dick Boswick? How do I get him out of that dirty jail?”
Penny put her hand on Ryan’s arm. “Ryan, Horace is okay, be calm. We will argue bond before the judge. I’m afraid he’ll set a high bond. Dick was the City Manager, killed in city offices and the judge will not want to let a killer loose.”
“But, Horace is not a killer,” said Ryan, using the tone of voice he used with an anxious patient in the trauma center. “I have found a bail bondsman—a guy in the hallway had a card. I can raise some money and Horace and I have some investments, the house and Horace’s business. We can’t leave him in that horrible place.”
“Let me see that card,” Penny said. ‘We are Your Friend Bonding?’ I don’t think so, Ryan. There is a reputable place right here in town. I have their card here in my briefcase.”
“There’s Horace,” said Ryan, pointing to the large monitor on the wall of the courtroom. “He looks awful.”
Judge Mortimer Hancock came through the door behind the bench. “All rise.”
“You may be seated.”
“Mr. Prosecutor, what do we have here?” Judge Hancock asked.
Mike Pritchard rose slowly to his feet; aware all eyes were on him. “We have a heinous crime here, your honor. This is the matter of the People vs Appleworth. Last night Dick Boswick, our City Manager, was brutally murdered in his office while attending to the city’s business. After long hours during the day, he was back at night to do what needed to be done. Between eight and nine p.m., Horace Appleworth came up behind him and…”
“Enough, Mr. Prosecutor. This isn’t a trial and you don’t need to make an opening statement. This is an arraignment. I have the charge.”
He looked at Penny. She jumped to her feet.
“Penny Johnson, representing Horace Appleworth,” she said.
Judge Hancock, aware of the reporters in the room, turned to the video screen. “Are you Horace Appleworth? Can you see the courtroom and the people in it?”
“Yes,” said Horace. “I can see and I am Horace Appleworth and I didn’t.”
“Not now, Mr. Appleworth. Do we need to read the charge, Ms. Johnson?”
“No, your honor, we waive the reading of the charge and enter a not guilty plea. We ask that the matter be set for a pre-trial as soon as possible. And we would like to discuss bond.”
Mike jumped to his feet, also aware of the press covering the hearing and the coming election. “I object to any bond being set, this is an awful crime, one not seen in our little village for a long time. This man should not be allowed to run rampant in our streets.”
“Your honor,” said Penny, cutting off Mike’s barrage of words, “my client has lived in the community his entire life. He has a home here and a business to run. He assures the court he will appear for every hearing and abide by any terms and conditions set by the court. And he’s never been in trouble before—except maybe some speeding ticket years ago--and…”
“Your honor,” said Mike, interrupting Penny, “this is a murder – not some little misdemeanor—the court has a duty to keep him locked up to protect the community. Appleworth should sit in jail until he is convicted by a jury of his peers.”
“I know my duty, Mr. Pritchard. This is a serious charge”, said Judge Hancock. “I agree with the prosecutor on that point. However, Mr. Appleworth is known in the community. Will your client agree to wear a tether and abide by rules set by this court, Ms. Johnson?”
“Yes, your honor.”
“Bail is set at $500,000, cash or surety. Mr. Appleworth will wear a tether and will be in his home every night from 7 pm to –what time do you go to work in the morning, Mr. Appleworth”
“Depends, but usually about 6:30.”
“6:30 it is then. You understand that you need to be in your house from 7 pm to 6:30 am. And, if you have any weapons in your home, you need to turn them over to the Sheriff until this matter is resolved.”
“Counselors, will there be a probable cause hearing in this matter?”
“Don’t see the need, your honor, but if Ms. Johnson thinks she…’
“Ms. Johnson does, your honor,” said Penny. “We believe we can resolve this matter when all the facts become clear.”
“We’ll set it for Wed., Sept 9 at 1:30. That’s two weeks away. Is that it, counselors? Okay, next case is People v Ladybird Smythe.”
Penny put the date in her calendar. While most in her profession used an electronic gadget or smart phone to keep track of dates, she felt better to have it written in her calendar. She could look at the whole week and see what was up. She gathered up her file, yellow legal pad, pens, and notices given to her by the court clerk and stuffed them back in her briefcase. She walked toward small wooden gate in the bar dividing the people from the lawyers and the judge. Ryan came up to her once she was on the people side.
“Penny,” said Ryan, “Where do I find this bail person? I need to get Horace bailed out and get back to the hospital. We are short staffed.”
Penny saw Ryan’s concern but she also sensed he would stand by Horace through all this. Rummaging in her briefcase she found a card for the local bail bond agency. She handed it to Ryan.
Ryan smiled his thanks rushing up the aisle and out of the courtroom his cell phone at the ready.
Penny followed. She came out the courtroom door to find Detective Dan Dunlap standing in the middle of the hall, still looking like the football player he was in high school. He held up a stack of papers.
“Penny, I have a copy of the autopsy and some photos for you,” he said. “We’ll probably have more in a couple of days. They are still processing the crime scene.”
Penny knew Dan from the days when her father began his legal career and Dan, a beat cop then, came to the house to bring reports to him.
Penny placed the files carefully in her briefcase, which was starting to bulge, a new experience for it. “Bar fights don’t have as many reports,” she said.
“Nope, and there will be more. We’re just getting started,” said Dan.
Mike Pritchard came over. “Can we talk about a plea?” he asked Penny.
“I think it is a little early for that,” she answered. “I am sure you are investigating other possible defendants.”
“No,” said Mike. “I am sure we have our man.”
Dan’s face was blank. She decided to let that go.
“Well, no plea? Then I’ll see you in couple weeks,” said Mike walking away. Dan followed him out of the court and into the spotlight of the press. Penny dreaded the thought of running that gauntlet again. She looked to see Alex moving toward her in that easy way of his.
“How did the arraignment go?” he asked.
“Okay, at least I got bond for Horace but he has to wear a tether.”
“My guy didn’t fare so well; he won’t get out jail until I can get him in another rehab program.”
Penny nodded, noticing that Alex had hazel eyes—why hadn’t she noticed that before? In High School, he’d seemed so awkward, but now he was… But, no time for that now, she had a murder charge to deal with.
“I have to get back to my office,” she said. “and I still have to get through that bunch of reporters.”
“I know a back door and the bailiff who can let us out if you want to sneak out of here. Follow me.”
“Thanks, that will be a relief. Those reporters are vicious. I know they’re simply doing their job but still….”
Penny followed Alex down a hall. At the end was a door with an intercom. Alex pushed a button and a metallic sounding voice said, “Yea,”
“Hi, Ford, it’s Alex Jeffries. Penny Johnson and I want to get out the back door.”
“Oh, hi, Alex, how about those Lions—you think they’ll have a good season this time? I don’t know about them—I don’t want to give up but…”
The crackling sound told them to push the door and make their way into the back hallway.
Ford smiled at them from behind his desk by the door. It seemed his job was to guard the door and talk sports. Penny and Alex thanked him and went out the back door of the courthouse.
They walked along silently until it was time to split up in the parking lot. “I’m over there,” said Penny.
“I know,” said Alex. “I saw you come in—isn’t that the car Maureen drove when we were in high school?’
“Yes, and I know the color is horrible, but at least I can always find it and my clients can find me—they recognize the car.”
They both stopped.
“Well, see you,” said Alex. “Good luck with your case. If you need help, let me know. I haven’t done a murder in a while but I do remember some things.”
“Sure, see you,” said Penny. “Thanks for the offer.” Penny climbed into her car, throwing her briefcase on the passenger seat. Despite its age, the car started right up. She drove away.
Alex watched as she left. Driving out of the parking lot, he turned left to go to his office. He didn’t think he would tell his mother, Mabel, that he had run into Penny. She was after him to settle down and thought Penny would be a good match for him.
He could hear her say, “And Penny’s mother, Kitty, thinks you two would make a good pair. After all, Penny’s husband died well over three years ago. We both agree that it is time for her to move on. And you can’t be flitting from girl to girl all your life. It is time for you to think about settling down.”
No, he didn’t think he would tell Mabel he had seen Penny. But he might think about seeing some more of her. After all, they were both members of the legal profession so it could be best to offer to help her with this trial.
Chapter 3
A lthea watched as Penny left for court. “She’ll do just fine,” she said to JD. “And didn’t she look nice in her grey linen pants and beige jacket. The white silk blouse is a nice touch. And she had all her notes. Oh my, this is a big case for her. She’ll need our help.”
J.D. looked up at Althea and then at the door. “Okay, let’s go for a walk around the courthouse square.”
J.D., short for Juris Doctor or Just a Dog, depending on Penny’s mood, stood still while Althea attached his leash to his collar. She led him out of the office, closed the door behind her and headed for the stairs.
Out on the sidewalk, they turned to the right to get to the corner.
“Althea?” said a voice, “Is that you?”
“It is indeed,” said Althea turning toward the sound. She saw her friend, Rose. “What are you doing out of the library?”
Rose, a short, plump woman wearing her usual dress slacks and blouse –the better to climb around looking for books or so she said-- gave J.D. a pat on the head, her reading glasses swinging from her neck.
“It’s the end of August,” Rose said, “it’s hot and most folks are on vacation so I’m taking a stroll. Ricky is there to check out books.”
“I’m so glad to run into you—can you walk along with us for a bit? I think we have a puzzle to work out.”
“Oh, another one?” Rose said. “How fun.”
“Well, this is what I know so far. Penny has a new client—Horace Appleworth—you remember he owns the renovation business. He and his partner live in that big old Victorian on Elm Street. Anyway, you know that Dick Boswick was murdered last night. Horace has been charged with the murder.”
“Horace Appleworth.” Rose stood stock-still. “He couldn’t hurt a fly—why I remember how he brought one of his tall ladders over to help me get Cinder out of the tree. Why that cat climbs so high up, I’ll never know. But Horace—no way he killed Dick. Why would he? What do you want us to do?”
“I think the Midvale Corners Literary and Investigatory Society needs to meet. Can you get us together tonight at the bookstore,” Althea said, “around 7 pm?
“Of course, I’ll call Mary. Can you call Arney?” Rose said.
JD stood up and started walking away.
“Yes,” said Althea, feeling a pull on JD’s leash. “Oh, dear, JD needs to walk. See you tonight.”
Althea and J D made a trip around the 100-year-old courthouse, situated in the center of town with its bell tower 300 feet in the sky. Horace’s company, Appleworth Construction, had refurbished the outside of the building several years ago. Even the eagle at the top of the tower had been re-gilded. It gleamed as the sun danced over its outspread wings.
“Excuse me,” said a small voice. “What happened to the dog’s ear? And what’s his name? Where does he live? Is he friendly?”
“You’re full of questions, aren’t you,” said Althea looking down at a little girl dressed in pink shorts and t-shirt with pink tennis shoes. J. D. was standing patiently, all his business accomplished.
“Oh, Mrs. Riversmith, you know me. I’m Mildred, Rose’s niece.”
“My goodness,” said Althea, taking a closer look. “Of course, you are. My how you’ve grown.”
Mildred, not interested in vagaries of adults, turned back to the dog. “Can I pet him? Does his ear hurt?”
“Yes, you can pet him and thanks for asking. No, his ear doesn’t hurt anymore. It did hurt when the bomb went off and blew part of it away. He was a bomb-sniffing dog, but he had to leave the police force when he didn’t sniff that particular bomb. His name is Just a Dog or J.D. for short.”
“Oh,” said the girl, her blue eyes wide. “Poor J. D. I bet that did hurt.”
They walked along, the girl with her hand on J.D.s head, Althea thinking she should get back in case Penny needed her and she had to find Arney, and J.D. thinking whatever dogs think on a hot summer day.
“Mildred, there you are. Be careful, that dog could bite you,” said a young woman hurrying toward them. She stopped when she saw Althea.
“Mrs. Riversmith, it’s good to see you again. We just moved back to Midvale Corners and I haven’t had a chance to see all of Rose’s friends.”
“Rose said you and Randy were back in town,” said Althea. “She is so thrilled to have her only niece near.”
“No, he won’t bite, Mother,” Mildred said, answering her mother. “He is a retired police dog. He helps people. Like that nice policeman who was talking to Dad this morning.”
“Well, come along, we need to get home. I do hope Mildred hasn’t been bothering you,” she said turning to Althea.
“No trouble at all. JD likes the attention,” said Althea, thinking Mildred was the perfect name for Roses’ busy niece. She looked like a Mildred. Wondering why a policeman was talking to Randy, Althea hurried back to the office, where she saw Penny deep in thought at her desk.
Picking up phone she called Arney.
“Arney, Althea here. Can you meet tonight at the bookstore around 7? The Midvale Corners Literary and Investigatory Society need to meet.”
“Certainly,” said Arney in his perfunctory manner. “Does this have anything to do with Horace Appleworth and Penny representing the NRA so as far as Mike is concerned, Horace had means and opportunity and that’s that—no need to look elsewhere. But, why would Horace kill Dick? Mike doesn’t seem to have an answer to that question,” he said hanging up.
Althea got up and walked into Penny’s office. Penny looked up.
