"Sergeant Callery, would you please describe
the condition of the body when you found it?"
Callery swallowed hard before answering. "Are you sure you want me to?"
This would be the focal point, Ben Kincaid realized, for the entire
trial- all that came before and all that followed. Every murder trial
had one-an
indelible moment in which sympathies were polarized and the full
gravity of the crime struck the jury like a ball peen hammer to the
head. Even though he knew there was not a soul in the courtroom who
did not already know the answer to this question in gruesome and
graphic detail, this would be the moment when everything changed,
and not for the better.
"I'm sure," Assistant District Attorney Nick
Dexter said. He obviously didn't mind the delay. A little suspense
preceding the big moment could only increase the jury's attention level. "Please tell us
what you saw."
Sergeant Callery licked his lips. His eyes
drifted toward the floor. His hesitation was not just for dramatic
effect. He was not anxious to proceed.
And Ben didn't blame him. Describing a crime
scene was always difficult. But when it was a cop talking about the
murder of another cop-one he knew per-sonally and had worked with on
many occasions-it bordered on the unbearable.
"When I arrived, I
discovered that Sergeant McNaughton's body had been stripped of
clothing. He was chained naked to the base of the main fountain in
Bartlett Square-right in the center of the downtown plaza. He'd been
hog-tied; his arms and legs were pulled back to such an extent that
some of his bones were actually broken. He'd been stabbed
repeatedly, twenty or thirty times. A word had been smeared across
his chest-written in his own blood."
"And what
was the word?"
"It was hard to tell
at first, given the condition of the body. But when we finally got
him down and put him on a stretcher, it looked to me like it said 'faithless.'"
"Was there anything else . . .
noteworthy about the body?"
The witness nodded.
The spectators in the courtroom gallery collectively held their breath. They knew what was coming.
"His penis had been severed. Cut off-and stuck in his mouth."
To
Ben, it was an almost surreal moment, as if they were all actors in
a play. After all, everyone knew what questions would be asked, as
well as what answers would be given. There were no surprises; they
were just going through their prescribed motions. And yet, the
singular horror of the crime
had an impact that left no one in the courtroom unmoved.
This case had been high drama from the outset.
Everyone knew about this ghastly crime. How could they not? The body
had been on display for almost an hour before the police managed to
get it down. Workers going downtown that cold Thursday morning
couldn't help but see the macabre, almost sacrificial tableau.
The location had been
well chosen. Downtown Tulsa was a place where people worked, but
almost no one went there for any other reason. From the time the
workday ended until sunup, it was virtually deserted. Even the
police rarely patrolled; the inner downtown streets were
inaccessible by car and there was simply no justification for
mounted patrols at that time of night, when no one was present. And
so the killer was able to create a grisly spectacle that had been
etched into the city's collective consciousness during the seven
months since the crime occurred.
"Why are they spending so much time describing
the body?" a voice beside Ben whispered. "How is that relevant to who committed
the crime?"
The question came from the defendant-Ben's
client, Keri Dalcanton. She was a petite woman, barely five foot
two. She had rich platinum blond hair and skin the color of milk.
She was wearing no makeup today-on Ben's advice. She was a natural
beauty, with perhaps the most perfectly proportioned body Ben had
observed in his entire life. And he'd had a lot of time to observe
it, during the months they'd spent preparing for this trial.
Even in the courtroom,
Ben was struck by how Keri exuded youth and energy. But that was not surprising. She was only nineteen.
"It isn't relevant," Ben whispered back. "But Dexter knows the gory
details will appall
most jurors and make them more inclined to convict. That's why we're spending so much time here."
"But it isn't fair,"
Keri said, her eyes wide and troubled. "I didn't do
those things. I
couldn't-"
"I
know." Ben patted her hand sympathetically. He wanted to take care
of his client, but at the moment it was more important that he pay
attention to the testimony. If Dexter thought Ben wasn't listening,
all kinds of objection-able questions would follow.
Dexter continued.
"Did you check the body for vital signs?"
"Of course. When I first arrived. But it wasn't
necessary. He was dead. As anyone could see at a glance." A tremor
passed through Callery's shoulders. "No one could have
lived in that condition."
"Why did it take so long to free the body?"
"We weren't allowed to alter the position of
the body until the forensic teams had been out to make a video
record and to search for trace evidence. Even after that was
done-Sergeant McNaughton's body had been double-chained to the
fountain and the lock was buried. We couldn't get him loose. We
eventually had to bring out a team of welders. Even then, progress was slow."
"And
during this entire time, the decedent's naked mutilated body was on
public display?"
"There wasn't much we could do. We couldn't
cover the body and work at the same time. And there's
no way to block off Bartlett Square."
"Were you and your men finally
able to get the body free?"
"Eventually. Even then, though"-his head
fell-"nothing happened the way it should. His right arm had been
pulled back to such an extreme degree that when we released the
chains-it snapped off. And the second we moved McNaughton's body,
his-member-spilled out onto the ground." The man's jaw was tight,
even as he spoke. "It would've been horrible, even if I hadn't known
Sergeant McNaughton so well and trained under him. I've been on the
force six years, but this was the worst, most horrible . . .
goddamnedest thing I've seen in my career. Or ever will see."
Ben knew Judge Hart
didn't like swearing in her courtroom, but he had a hunch she would excuse it this time.
The media representatives in the gallery-and
there were a lot of them- were furiously taking notes. The
McNaughton murder had dominated the papers and the airwaves for at
least a month after the crime occurred, and the onset of the trial
had refueled the obsessive coverage. Ben had never had so many
microphones shoved in his face against his will; he'd never seen so
many people insist that he had some sort of constitutional duty to
give them an inter-view. His office manager, Jones, had even
found a reporter hiding in the office broom closet, just hoping he
might overhear some tasty tidbit of information. His legal
assistant, Christina McCall, had the office swept for listening
device. A blockade
of reporters awaited them every time they left the
office; another
greeted them as soon as they arrived at the
courthouse. It was like living under siege.
Dexter was asking routine predicate
questions to get his exhibits
admitted. It was an obvious preliminary to
passing the witness.
"Psst. Planning to cross?"
Ben glanced over his
shoulder. It was Christina. For years, she'd been indispensable to
him as a legal assistant. And now she was on the verge of graduating from law
school.
"I don't see much
point," he whispered back to her. "Nothing he said was in dispute."
Christina nodded. "But I'm not sure this
business with the body was handled properly. I think the police bungled it
six ways to Sunday."
"Granted. But why? Because they were so
traumatized by the hideous death of their colleague, a fact we don't
particularly want to emphasize. And what difference does it make?
None of the evidence found at the crime scene directly incriminates Keri."
"You may be right.
But I still think any cross is better than none. Whether he actually says it
or not, Dexter is implying that Keri is
responsible for these atrocities. We
shouldn't take that lying down."
Ben frowned. He didn't want to cross,
but he had learned to trust Christina's instincts. "Got any suggestions?"
She considered a moment. "I'd go with physical strength." "It's a plan."
Dexter had returned to
his table. Judge Sarah Hart, a sturdy woman in her midfifties, was addressing defense counsel.
"Mr. Kincaid, do you
wish to cross?"
"Of course." Ben rose
and strode to the podium. "Sergeant Callery, it sounds as if you and
your men had a fair amount of trouble cutting that body free. Right?"
The change
in Callery's demeanor and body language when Ben became his
inquisitor was unmistakable. He drew back in his chair, receding
from the microphone. "It took a while,
yeah."
"Sounds to me like it was hard and required a great deal of
strength."
"I suppose."
"And if it was hard to
get the body down, it must've been even more difficult to get the
body up." He paused, letting the wheels turn in the jurors' minds.
"The individual who chained Sergeant McNaughton up there must've been one seriously strong person,
wouldn't you agree?"
Callery had obviously
been expecting this. "Not necessarily, no. The killer could've-"
Ben didn't give him a chance
to recite whatever explanation he and
Dexter had cooked up ahead of time. "How much
did Sergeant McNaughton's body weigh?"
"I couldn't say
exactly."
"You must have some idea."
"It would just be a guess."
"You were there, weren't you, officer?"
"Ye-ess . . ."
"You were, I assume,
paying some degree of attention when your men were cutting the body loose?"
Callery tucked in his chin. "Yes-"
"So how much did McNaughton's body weigh?"
Callery frowned. "I'd
guess about two ten, two twenty pounds."
"Two hundred and twenty pounds.
And of course, he was dead, right?"
"I think everyone in the courtroom
is aware of that fact, counsel."
Just like a game of
cat and mouse, Ben marveled, not for the first time. Two
diametrically opposed archenemies pretending to be civil. "Would it
be fair to say that it's harder to move a
dead body than a live one?"
Callery nodded. "Much."
"So we're
talking about two hundred and twenty pounds of pure dead-weight, right?"
"About that, yeah."
"But someone
somehow managed to carry the body to Bartlett Square- without the
use of a car-to elevate it, hog-tie it, and wrap it around the central fountain."
"That's about the size of
it."
"Sergeant Callery, you
were pretty good at estimating your deceased colleague's weight.
Would you care to guess what my client, Ms. Dalcanton, weighs?"
He grinned faintly. "I would never be so
indelicate."
"Then I'll tell you. A hundred and three pounds. Wearing
shoes." He
paused. "So
you're saying that these feats of tremendous strength, which frankly
I doubt you and I could manage working together, were accomplished by this tiny woman? How?"
A bad question, as it turned out. "We believe
she drove the body there. We found faint traces of tire tracks on
Fifth, parallel to the fountain. Someone drove onto the pedestrian
walkway beside Bartlett Square. We believe she wrapped the chains
around the body's hands and feet while it was still in the car, then
dragged him to the fountain. As the coroner can confirm, the body
had any number of scrapes and abrasions that could be the result of
being dragged over the pavement in this manner. Once she had the chain around the fountain, we
believe she was able to improvise a rudimentary pulley system to haul the
body up."
Ben silently cursed himself. This was a classic case of asking
one
question too many. "It still sounds to me as if
it would require a good deal of strength."
"Maybe. But if I've
learned anything in my years on the force, it's that size is no
indicator of strength. Sometimes the most potent medicine comes in small bottles."
"That's quaint, officer,
but are you seriously suggesting-"
"Besides," Callery said, rushing his words in
edgewise, "whoever said Keri Dalcanton wasn't strong?" A small smile
played on his lips. "I hear she gets lots of exercise. All that
high-octane dancing must build up some stamina."
There was an audible
response from the gallery. Callery was referring to the fact that
Ben's client worked-at least until she became a permanent resi-dent
of the Tulsa County Jail seven months ago-at a "gentleman's club" at
Thirty-first and Lewis. In other words, she was a stripper. Another
dramatic- and damning-fact that everyone in the courtroom already
knew all too well. The press wouldn't let them forget. No article
overlooked the salacious side of the story. The headlines began
STRIPPER SUSPECTED and continued with SEX
CLUB SIREN SEIZED.
"Sergeant Callery, it
took three men to lower McNaughton's body to the ground. Are you seriously suggesting-"
"Hey, I saw that picture in the paper. You
know, the one with her in nothing but a bright red G-string thingie?
Looked to me like she had lots of muscles."
"Your honor, I
object!" Ben knew what Callery was talking about, though. The day
Keri Dalcanton was arrested, a morning paper, in an unaccountable
lapse of taste, had run a picture of her taken on the job. Something
a reporter swiped from a backstage bulletin board, apparently.
Tasseled pasties on her ample breasts; bright red G-string on her
rock-'n'-roll hips. The paper apologized the next day, explaining
that it was the only photo of Ms. Dalcanton they could locate, as
she had covered her face when arrested. One of the lamest excuses
for tabloid coverage by purportedly "legitimate" journalists Ben had heard yet.
Ben
approached the bench. "Your honor, I object to any discussion or sly
references to my client's former occupation."
Judge Hart lowered her
eyeglasses and gave Ben the no-nonsense look he knew all too well. "On what
grounds?"
"It will work extreme prejudice against Ms. Dalcanton."
"Probably. But she should have thought of that
before she took the job. Overruled."
"But your honor-"
"I've ruled, Mr. Kincaid."
"Then I'll object on a different basis." She arched an eyebrow. "And
that would be ...?"
"I object because . . . because the photo in
question has not been
admitted into evidence."
"Do you want it to
be?"
"Hmm. Good point."
Ben
returned to the defense table knowing that his cross had been a
bust. He hadn't put a dent in the prosecution's case, and given what
few arrows he had in his quiver, he was unlikely to do so at any
time in the future. He could see the determination in the eyes of
the prosecution and police officers, and he could see the revulsion
in the eyes of the jury. Even Judge Hart, normally a sympathetic,
fair judge, was cutting him no slack. This time, the stakes were too
high. The crime was too appalling, and too well known.
He had to face facts.
Barring some kind of miracle, Keri Dalcanton was going to be
convicted.
Excerpted from MURDER ONE by (c) Copyright 2001
by William Bernhardt. Reprinted with permission from Fawcett, a
division of Random House, Inc. All rights reserved. No part of this
excerpt may be reproduced or reprinted without permission in writing from the publisher.
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