“My second hot button is the ‘good old boy’ mentality that pervades every level of our society. If what you’ve told me is true, Cindy is facing these charges because one guy pal is doing another guy pal a favor.”

  “Soooo?” I asked, expectantly.

  She smiled. “So if you’re asking me to take the case, I’m in!”

  Suzanne was able to meet with Cindy just before her arraignment.

  In court, it didn’t take long for sparks to fly.

  After the charges were read, and Cindy pleaded not guilty, the judge asked for bail recommendations.

  “Your honor,” the prosecutor said, “this is a murder case. The prosecution requests that the defendant be remanded without bail.”

  He turned to Suzanne. “Miss Romero?”

  Suzanne jumped to her feet. “Your honor! That’s outrageous! At best, the prosecution’s case is circumstantial. Further, Cindy Stewart is a law-abiding citizen. She has no criminal record. Not even a parking citation. She is gainfully employed, and if she remains incarcerated, she’ll most likely lose her job. But most important, she’s the mother of a six-year-old daughter. Cindy Stewart deserves to be free to continue working and caring for her daughter. She certainly isn’t a flight risk. The defense requests that she be released on her own recognizance.”

  The judge turned to Frank Pitts. “Under the circumstances, I believe your request for no bail is unduly harsh, but as you say, this is a murder charge.” He pounded his gavel. “Bail is set at ten thousand dollars!”

  Suzanne turned to Cindy. “Can you handle that?”

  Cindy nodded. “We have plenty of equity in the house. I’ll put that up for collateral.”

  Suzanne smiled. “Then let’s get you out of here. Round one goes to the good guys!”

  It was a joyful reunion at the Mayview Center.

  “How’s my baby?” Cindy asked as Sam rushed into her arms.

  “I’m fine, Mommy. I missed you a whole bunch, but Billy has read to me every night.”

  Cindy turned to Billy. “I can’t thank you enough.”

  Billy blushed. “No thanks necessary. I love being with Sam.”

  “Now that you’re out,” Marsha asked, “what are your plans?”

  Cindy bit her lip. “I--- I was hoping Sam and I could stay here until this mess is settled. I know we could go back to the house, but I just can’t right now. Every time I think about what happened there, I panic.”

  “I understand,” Marsha replied. “The wounds are still fresh. You and Sam are welcome here for as long as you need.”

  “Thank you. Actually, I’m not sure I can ever go back there. Too many bad memories. When this is over, I’ll probably put the house on the market. Sam and I need a fresh start in a new home.”

  Naturally, my ears perked up. “Maggie can help with that. She’s a realtor, you know.”

  “Actually, I’d forgotten,” Cindy replied. “But the place isn’t ready. That ugly mess in the kitchen, and quite frankly, I don’t think Daryl cleaned a thing while I was gone.”

  “That’s not a problem. Maggie has a crew that can go in and clean the place from top to bottom. You won’t have to do a thing. Besides, if you and Sam are staying here, the house will be easier to show.”

  “Thanks, I may take her up on that. You know, while I was just sitting there in jail, I thought a lot about what happened that night. I told you that Sam had insisted on eating Cocoa Puffs for breakfast because of Puff the Magic Dragon. I talked her into puffed wheat here, but she must have convinced her dad to buy the sugary stuff. That’s what she spilled on the floor that night. When Daryl came at me with that knife, it was the Cocoa Puffs on the floor that caused him to slip and fall. It’s kind of ironic to think that Puff the Magic Dragon might have saved my life.”

  Ironic, indeed, I thought. Lady justice works in mysterious ways.

  CHAPTER 16

  With the welfare of a minor child at stake, Suzanne had pushed to get on the docket as soon as possible. We were pleased when a trial date was set ten days from the arraignment. The prosecution hadn’t objected. They figured the trial would last maybe two days at most. There was no great mystery here. Daryl Stewart had died from a knife wound. The only question was whether it was an accident or Cindy had plunged it into his chest in a moment of passion.

  Suzanne, Cindy, and I met in a conference room just before the trial was to commence.

  “Interesting development,” Suzanne said. “We know that Jeff Ballinger, Daryl’s attorney, put pressure on Frank Pitts to press charges against you. I heard from a reliable source in the DA’s office that Jeff wasn’t the only one. It seems that a representative from Mo-Kan Mutual Life Insurance met with Pitts as well.”

  I could see Cindy was confused. “For what possible reason?”

  “Cindy, were you aware that Daryl carried a $250,000 policy on his life?”

  “I knew there was insurance, but I had no idea who it was with or how much. Anytime I asked Daryl about things like that, he always told me it was none of my concern. He was taking care of it”

  Suzanne shook her head. “Typical male chauvinist pig. Here’s the thing. If Daryl’s death is ruled accidental, Mo-Kan Life is on the hook for a quarter million. If you’re convicted, they don’t pay a dime. No doubt they put pressure on Pitts to file charges. I wouldn’t put it past them to offer him a bribe. They’d much rather pay him five grand than pay you two-hundred and fifty. I can’t prove that, of course.”

  At that moment, the bailiff appeared. “Time to get going.”

  We took our seats, and after the preliminaries were dispensed with, the judge turned to Frank Pitts. “Do you have an opening statement, Mr. Pitts?”

  “Indeed we do.”

  Pitts rose, buttoned his jacket, and approached the jury.

  “Ladies and gentlemen of the jury, the case you are about to hear is very straight forward. It is simply a domestic dispute that ended in tragedy. Unfortunately, as so often happens, the marriage between Daryl and Cindy Stewart had run its course. Cindy Stewart, of her own volition, left the family home taking their child, Samantha, and took up residence in a homeless shelter.

  “Daryl Stewart, understandably upset that his child was forced into such an arrangement, picked her up from school and returned her to the family home. Due to an unavoidable circumstance at work, he was a few minutes late picking Samantha up from school. Cindy Stewart took this opportunity to take her, once again, from the family home to the shelter.

  “Realizing this was going to be an on-going battle of wills, Daryl filed for divorce, seeking full custody of the child. On the day Cindy Stewart was served the divorce papers, Daryl picked Samantha up from school a second time.

  “Undoubtedly enraged at the turn of events, Cindy Stewart entered the family home that evening for the sole purpose of taking little Samantha from her home, back to the shelter. Daryl confronted Cindy and a verbal fight ensued, loud enough that a neighbor called 911. Frustrated and angry that her attempt to abduct Samantha a second time had failed, she made the rash decision to end the conflict once and for all. With Daryl out of the way, Samantha would be hers and hers alone, she would be the sole owner of their residence, and the beneficiary of a $250,000 life insurance policy. With that in mind, she grabbed a knife from the butcher block on the kitchen counter and plunged it into the chest of Daryl Stewart.

  “Moments later, the police arrived, finding Cindy standing over the body covered in the victim’s blood.

  “The defense will attempt to portray Daryl Stewart as a drunken abuser, even though he has never had a DUI. No abuse charges were ever filed against him, and there is no medical evidence that Cindy Stewart suffered abuse.

  “The defense will try to tell you that Cindy Stewart is a victim, but when all the evidence is presented, you will have no choice but to believe that the real victim here is Daryl Stewart. Thank you.”

  I had to give it to him. Pitts was good. Without my first-hand knowledge of what really happened, I would have been ready to convict. I saw the look of shock on Cindy’s face. She leaned over to Suzanne and I read her lips. “That’s not true! It’s all a lie!”

  Suzanne patted her on the arm. “Calm down. We’ll get our turn.”

  The judge turned to Suzanne. “Opening statement, Miss Romero?”

  “Yes, your honor.”

  She stood, looked disparagingly at Pitts, then addressed the jury.

  “Ladies and gentlemen of the jury, you have to admire Mr. Pitts. He’s a master of innuendo and misinformation. But he is right about one thing, we are going to portray Daryl Stewart as an abuser and a drunk, because it’s the truth. After years of intimidation and abuse, on Christmas Eve, Daryl came home reeking of alcohol. She knew his cursing and storming around the house was just a prelude to another beating. She had finally had enough. Fearing for their safety, she and her six-year-old daughter, Samantha, fled to the Mayview Center seeking sanctuary. Mr. Pitts characterized the center as a homeless shelter. In fact, it is a safe haven for battered women, a clean, secure environment staffed by licensed personnel.

  “Mr. Pitts narrative of the events that followed in the next few days glossed over several important facts. Yes, Mr. Stewart did pick up Sam from school, but a few days later, as Mrs. Rawlings, the teacher at Westview Day Care will testify, she was ready to close up for the day, but no Daryl. Unable to reach him by phone, she called Cindy to pick up little Samantha.

  “Daryl picked her up again the next day. Just before eight in the evening, Cindy received a call from her frightened and hungry daughter. Sam told her mother that when Daryl picked her up from school he’d been walking and talking funny. I’ll let you use your imaginations to interpret what was going on. Once home, he went directly to bed and was still sleeping when Sam called her mother. Hungry, Sam tried to fix herself a bowl of cereal but dropped it on the floor. Fearing the consequences when her dad finally awakened, she called her mother.

  “Cindy went to the home immediately, and was about to take Sam to safety when confronted by her husband. When a verbal battle ensued, Cindy sent Samantha to another room, out of harm’s way. Daryl was the one who took the knife from the butcher block. He threatened to end their confrontation once and for all. He meant to stab Cindy, then tell police that there had been a struggle and he stabbed her in self-defense. As he lunged at Cindy, he slipped in the spilled cereal and fell on the knife.

  “Naturally, Cindy was horrified. She rolled Daryl on his back, pulled out the knife, and tried her best to stop the bleeding with her bare hands. It was at that moment that the police arrived, finding Cindy with the body, covered with blood.

  “There is no question that Daryl Stewart is dead as the result of a knife wound to his chest, but there are two very different accounts of how that happened. Ladies and gentlemen, your task will be to decide which of these accounts is true. When all is said and done, you will have no doubt that Cindy Stewart was the victim of an abusive husband who died at his own hand. Thank you.”

  The judge turned to Pitts. “Mr. Pitts, you may call your first witness.”

  The prosecution’s most compelling evidence was how Cindy was found and her fingerprints on the knife. Pitt wasted no time in rolling out his big guns. His first witness was the first officer on the scene.

  “Officer Larson, please tell us what occurred on the evening in question.”

  “Uhhh, yes Sir. I responded to a 911 call reporting a domestic disturbance. When I arrived at the scene, I knocked and called out but there was no response. The door was unlocked, so I entered the residence.”

  “And what did you find?”

  He pointed to Cindy. “I found the defendant, standing over the body, covered in the victim’s blood.”

  “And what did you do?”

  “I ordered her to step away and put her hands in the air. That’s standard procedure in situations like that.”

  “Standard procedure? Why is that?”

  “Because there was no one else around, and at that moment, I had to consider the possibility that she might have been responsible for the victim’s death.”

  “Thank you, Officer. No further questions.”

  The judge turned to Suzanne. “Cross, Miss Romero.”

  “Yes, Your Honor.” Suzanne approached the witness stand. “Officer Larson, did Cindy Stewart offer an explanation of what had occurred?”

  “She did say something about the victim coming at her with a knife, slipping, and falling on it. She said she pulled it out and was trying to stop the bleeding.”

  “How did you respond to that?”

  “I listened, of course, but it’s not my job to make judgements. That’s above my pay grade. My job was to secure the crime scene.”

  “Mr. Pitts would have us believe that Cindy Stewart stabbed her husband to death. Based on what you saw at the scene, is it possible that Mrs. Stewart’s account is actually what happened.”

  He thought for a moment. “Yes, I suppose that’s possible, but like I said before, I have no idea what happened in that kitchen. I only know what I found when I entered the house.”

  “Thank you, Officer. No further questions.”

  Good rebuttal, I thought. Plenty of room for reasonable doubt.

  Pitts next witness was from the crime lab.

  “Mr. Jacobs, what did the coroner determine to be the cause of death?”

  “A knife wound in the victim’s chest. It penetrated the heart and the victim bled out immediately.”

  “Was the murder weapon found at the scene?”

  Suzanne jumped to her feet. “Objection to the prosecutor’s use of the term murder weapon! He is yet to prove that a murder actually occurred.”

  “Objection sustained!”

  Pitts rolled his eyes. “Let me rephrase the question. Was the instrument that was determined to be the proximate cause of death found at the scene?”

  “Yes, a kitchen knife covered with the victim’s blood was found.”

  “Did you examine it for fingerprints, and if so, what did you find?”

  “The only identifiable prints were those of the defendant.”

  That certainly got the jury’s attention.

  “No further questions.”

  The members of the jury watched as Suzanne approached the witness stand.

  “Mr. Jacobs, you said the only identifiable prints were those of Mrs. Stewart. Were there others?”

  “Yes, but they were so smeared identification wasn’t possible.”

  “Then based on what you saw, is it possible that the unidentified prints were those of Daryl Stewart that were smudged when Cindy pulled the knife from his chest to try to save him?”

  This time Pitts jumped to his feet. “Objection! Calls for speculation!”

  “I’ll allow it,” the judge replied. “Mr. Jacobs, answer the question.”

  “I suppose it’s possible, but I can only testify as to what I found. The only identifiable prints were those of the defendant.”

  Unfortunately, the prosecution came out on top on this one, but it was close. Suzanne at least opened the door for reasonable doubt.

  I was surprised to hear the prosecution’s next witness, Earl Tompkins.

  “Mr. Tompkins, how do you know the deceased, Daryl Stewart?”

  “Me an’ Daryl have been best buds since high school. We hang around a lot, you know, catching a game on TV, that kind of stuff.” He looked menacingly at Cindy. “At least we did until that bitch took him out!”

  Suzanne jumped to her feet. “Objection!”

  Before she could say more, the judge turned to Earl. “That will be quite enough! You will keep a civil tongue in my courtroom and do not address the defendant. Do you understand?”

  “Yes, Sir. Sorry.”

  “The jury will disregard the witness’s last statement. You may proceed Mr. Pitts.”

  “Mr. Tompkins, it’s quite obvious you are upset about the loss of your friend. Unfortunately, he’s not here to tell his side of the story. Maybe you can give us some insight as to what you observed in the days leading up to his death.”

  “Sure. In my opinion,” he said, looking up at the judge, “Daryl had been going through a rough patch. When we’d get together for a beer or two, he would tell me how he and Cindy had been at each other’s throats. In fact, just a few nights before he died, he told me he thought things with his wife were coming to a head.”

  “Did he elaborate on that statement?”

  “Yeah, he said he thought Cindy was about to run off and take his daughter. Then that’s exactly what happened on Christmas Eve. She just took the kid and left. He found her at some shelter, and when he tried to get to his daughter, they beat him up and had him arrested. The next day, he called me from jail. He was afraid that Cindy would go to the house while he was locked up and clean the place out. He told me where an extra house key was hidden, and asked me to keep an eye on the place.”

  “What happened after that?”

  “I went to the house just like he asked, and sure enough, Cindy shows up with three goons. I told them I was just there to protect Daryl’s stuff. Then some broad gets in my face and tells me she’s the one who kicked Daryl’s ass the night before, and if I didn’t get out, she’d kick my ass too.” He looked at the judge. “Sorry for the language. I’m just sayin’ what she said to me.”

  “So what did you do?”

  “I left, of course. I knew I could take the broad, but it was three against one. I had no choice. It was like Cindy had all this muscle backing her up. Poor Daryl didn’t have a chance.”

  “Thank you, Mr. Tompkins. Nothing further.”

  When Suzanne approached the witness stand, I could see fire in her eyes.

  “Mr. Tompkins, were you and Daryl together after work on Christmas Eve?”

  “Yeah, we stopped for a few beers before we headed home.”

  “How many is a few?”

  “I don’t know --- three or four. Who’s counting?”

 

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