Deadly Defiance, page 31
“All rise,” the bailiff bellowed.
Everyone got to their feet. “Be seated,” the judge said. “Mr. Rawlins, call your next witness.”
“Yes, Your Honor. The defense calls Tony Bartos.”
A well-dressed, middle-aged Hispanic man stood up and walked to the witness stand. He was sworn in and Rawlins began questioning him.
“Mr. Bartos. What is your occupation?”
“I’m an agent with State Farm Insurance Company.”
“And did you know the decedent, Rodney Thompson?”
“Yes. I handled all of his insurance requirements.”
“And did he have an occasion to buy a life insurance policy from you?”
“Yes, he did. A $500,000 twenty-year term policy.”
“And who was the beneficiary?”
“Maureen Thompson.”
The crowd stirred at the revelation. Maureen swallowed hard.
“When was this policy taken out?” Rawlins asked.
“Just after they were married—October 7, 1991.”
“Who paid the premiums on this policy?”
“We got a check each month for $127.52 from Maureen Thompson.”
“Even after the real estate market crashed and they were struggling financially?”
“Yes. It came in every month like clockwork.”
“So, has a claim been made on the policy?”
“No. Not as yet. Ms. Thompson wanted to file one, but I advised her to wait until this trial was over. The company won’t consider an application while she’s under indictment for murdering the insured under the policy.”
“I see. A prudent policy, I’m sure. Pass the witness.”
The judge nodded. “Ms. Waters, your witness.”
“Thank you, Your Honor,” Paula said. “Mr. Bartos. Is it unusual for a man to buy an insurance policy shortly after he gets married?”
“No. Not at all.”
“Is $500,000 an unusually high amount considering Mr. Thompson’s situation as a small business owner?”
“No. In fact, I had recommended a million, but he didn’t think he could afford that much premium.”
“In fact, isn’t it true that $500,000 wouldn’t even replace half the income Mr. Thompson was generating for the family?”
“Exactly, that’s why I suggested a million-dollar policy.”
“Now. You seem to suggest that there is something wrong with Ms. Thompson making sure the life insurance premiums were paid when times got bad?”
“No. I didn’t mean to—”
“It’s all right. Let me ask you something.”
“Sure.”
“The Thompsons had small children, isn’t that right?”
“Yes.”
“So, wouldn’t it have been irresponsible for Ms. Thompson to let the insurance policy lapse?”
“That’s true. Life insurance is important.”
“In fact, without this life insurance the children will be penniless.”
“I don’t know for sure, but you may be right.”
“You said if Ms. Thompson is acquitted she’ll get the $500,000, is that right?”
“Yes.”
“And if she is convicted who gets the money?”
“The children are the contingent beneficiaries.”
“So, do you think Ms. Thompson did the right thing in paying these premiums at great personal sacrifice to herself?”
“Objection, Your Honor. Asked and answered.”
“Sustained. Ms. Waters, you’ve made your point. Let’s move on.”
The back door to the courtroom opened and Stan rushed in. Paula saw him coming and turned to the judge.
“Your Honor. Can we take a ten-minute break so I can confer with my partner?”
The judge looked at the clock and saw it was 10:15. Very well. We’ll reconvene at 10:30.”
Stan hurriedly explained what he’d discovered and then left to go back to the hospital. Paula reviewed the new evidence with cautious excitement but wondered how she should present it. When the trial had been recessed she was about to pass the witness. Now she decided to utilize the witness’s knowledge to lay a predicate for later testimony. The back door opened and the judge strolled in.
“All rise,” the bailiff said.
“Be seated. Bailiff, bring in the jury.”
After the jury was seated Paula continued her questioning. “Mr. Bartos, you testified that Ms. Thompson tried to file a death claim after Mr. Thompson’s death.”
“That’s correct.”
“What is required to file an insurance death claim?”
“Ah. Well, there’s a claim form that must be filled out and signed. Of course you have to have the original policy or sign a lost policy affidavit.”
“Is that all?”
“No. You also have to get a death certificate and submit that as well.”
“I see. And all these things are mandatory for every insurance claim?”
“Yes. They are required before a claim can be considered.”
“Thank you, Mr. Bartos. Pass the witness.”
Rawlins stood. “No further questions. The prosecution rests.”
The judge nodded. “Thank you, Mr. Rawlins . . . Ms. Waters, call your first witness.”
“Thank you, Your Honor. The defense calls Elena Watson.”
Elena stood up and walked to the witness stand. Paula smiled at her and then began asking questions. Elena identified herself as Maureen’s sister and then explained that they had worked in the decedent’s business and was familiar with their business and personal lives.
“Ms. Watson, the prosecution has introduced forensic evidence that established that her fingerprints were found on the ice pick. Do you have an explanation for that?”
“Yes. The weekend before the murder I drove Maureen to take the kids to Rodney’s apartment since her car had been repossessed. We didn’t stay long but before we left I know Maureen chopped some ice with the ice pick for the kids’ drinks.”
“I see. So, you’re not surprised her fingerprints were found on the murder weapon?”
“No. Not at all.”
“You’ve testified that you were a regular visitor to the Thompson house before they split up?”
“Yes. I was part of the family. I must have been over there once or twice a week to babysit or just hang out.”
“So, how would you characterize their marriage?”
“They were very happy until the real estate market crashed and Rodney’s business began going south.”
“What happened when the business began to fail?”
“Rodney started to become irritable and short-tempered. This resulted in many arguments and hurt feelings.”
“Do you know a man named Doc Mellon?”
“Yes. He was one of Rodney’s friends and a business partner.”
“Do you know how much he invested in Rodney’s business?”
“Yes. I believe it was $250,000.”
“How do you know that?”
“I did the company’s bookkeeping. I deposited the check.”
“I see. So, what was Mr. Mellon supposed to get in return for his investment?”
“Rodney said it was really a loan but it was booked as equity so he could make a better return on his investment.”
“So, what kind of a return was he looking for?”
“Objection!” Rawlins spat. “She would not have any direct knowledge of that so whatever she says will either be hearsay or speculation.”
“Sustained,” the judge ruled.
“Your Honor. I would respectfully ask that you let me ask the question and rule on each question. Also, I would like to be heard before you rule on an objection.”
The judge glared at Paula. “Very well. Ask your questions. The witness will not answer the questions, however, until a ruling has been made.”
“Thank you, Your Honor. Ms. Watson, do you know what kind of an investment return Mr. Mellon was expecting? All I’m looking for is a yes or no response.”
“Yes.”
“How do you know this?”
“I overheard him talking to Rodney about it.”
“Objection, Your Honor. This is irrelevant.”
“Your Honor, it’s not irrelevant. It goes to Mr. Mellon’s strong motive to kill Mr. Thompson.”
“Objection! Your Honor, Mr. Mellon isn’t on trial here.”
“True, but I have a right to prove someone else killed Mr. Thompson.”
“That’s enough. Overruled,” the judge said.
“Thank you. Ms. Watson, so you overhead Mr. Mellon and your brother-in-law talking about what return on investment was expected?”
“Yes. Mr. Mellon was bragging about how he tripled his money every year in his payday loan business, so he expected to at least double his investment with Rodney.”
“Did Mr. Mellon ever discuss what happened to customers who didn’t pay their debts?”
“No, but he bragged about the fact that he never wrote off a debt.”
“What if someone filed bankruptcy?”
“I asked him that very question and he said his customers knew better than to hide behind a bankruptcy.”
“Did you ask him to expand on that?”
“No. I didn’t think it was prudent.”
“Thank you. Pass the witness.”
Rawlins got to his feet. The judge nodded for him to begin.
“Ms. Watson. You love your sister, don’t you?”
“Of course.”
“So, you’d say anything to protect her, wouldn’t you?”
“No. I wouldn’t lie for her. Everything I’ve said is the truth.”
“Right,” Rawlins said, rolling his eyes. “Now other than what you think you overheard in a few conversations between Mr. Thompson and Mr. Mellon, you know nothing about Mr. Mellon’s businesses?”
“That’s correct.”
“Pass the witness,” Rawlins said.
The judge looked at Paula. “Any redirect?”
“No, Your Honor.”
“Very well, call your next witness.”
“The defense calls Doc Mellon.”
The courtroom stirred in anticipation of Doc Mellon’s testimony. Mellon stood up and strutted up to the witness stand, smiling and waving to a smattering of fans in the gallery. Paula waited for the commotion to stop and then asked him about his background and relationship to Rodney Thompson.
“Now, in conjunction with the investment in Thompson Construction, did you require a life insurance policy?”
Mellon shifted in his seat nervously and then said, “On advice of counsel, I take the Fifth.”
A man stood up and addressed the court. “Your Honor, I’m Mr. Mellon’s attorney. May I approach the bench?”
The judge waved him forward and Rawlins and Paula joined him at the bench.
“Your Honor. My client is currently under indictment and whereas these cases are not obviously connected to each other, there may be connections that I am unaware. Consequently I have advised my client not to testify here today.”
The judge rubbed his forehead. “Counsel, why don’t you listen to the questions and evaluate them individually before you make a recommendation to your client. He doesn’t have a right to refuse to answer questions that do not incriminate him.”
“That would be too dangerous, particularly in light of the fact that Ms. Waters was instrumental in my client being indicted.”
“Your Honor,” Paula interjected. “I’m entitled to ask the witness any relevant question I want and, if he wants to take the Fifth, he can.”
“Your Honor,” Rawlins protested. “That would be highly prejudicial. The jury will assume Mr. Mellon has something to do with Mr. Thompson’s murder when that’s not the case at all.”
The judge sighed. “There’s merit to all of your positions, so I’m going to allow Ms. Waters a few questions. Let’s say, ten questions and I’ll instruct the jury that they shouldn’t make any assumptions simply due to the fact that Mr. Mellon is taking the Fifth.”
“Objection, Your Honor,” Rawlins said.
“So noted,” the judge replied.
“That’s fine with me,” Paula said.
“All right. Let’s take a break,” the judge said, looking at the clock. “Actually, it’s nearly time for lunch. Let’s break for lunch and come back at 1:30. That will give Ms. Waters a chance to formulate her ten questions. Go back to your seats so I can announce a recess.”
Everyone went back to their seats. The judge cleared his throat. “We’re going to recess for lunch. Court will resume at 1:30.”
The judge got up and everyone rose. When he was gone the court erupted in excited chatter. Paula looked at Maureen and shook her head. “This is where it’s going to get dicey.”
Maureen nodded. “Don’t you think all of this will really confuse the jury?”
“That’s my intention. If we talk enough about Doc Mellon, one of the jurors is sure to be convinced he’s responsible for Rodney’s murder.”
“God, I hope so. . . . What did Stan bring you?” Maureen asked.
Paula smiled wryly. “Oh, something that Doc Mellon will have a lot of trouble explaining.”
As they were talking Bart walked up and put his hand on Paula’s shoulder.
“Boy, I don’t know what you did, but you got Rawlins really riled up,” Bart said.
“Did I?” Paula asked. “Well, he hasn’t seen anything yet.”
Bart gave her a quizzical look. “You should stick around for my next witness,” Paula suggested.
“Okay. Maybe I will.”
“Have you heard about Rebekah?”
“No. Not since last night.”
“Stan dropped by and said she was out of ICU.”
“That’s good.”
“They still don’t know what’s wrong with her.”
“Hmm. What do you want for lunch?”
“Oh, I don’t think I have time to go out. Take Maureen and bring me back a sandwich. I’ll be in the attorney’s conference room working on my ten questions.”
“Ten questions?”
“Don’t ask. You guys better go. I’m running out of time.”
Bart and Maureen left and Paula took her things into the attorney’s conference room. Deciding which questions she should ask wasn’t easy to do. There was a lot of ground to cover. She looked at the eighty-eight questions she had previously prepared. In practice, those eighty-eight questions would have likely mushroomed into two hundred or more questions as many answers suggested new questions. Finally, she began by crossing out questions that were obviously not important. That got her list down to about fifty. Then she decided to scratch anything that didn’t relate to an insurance policy on Rodney or what the consequences would be if Rodney didn’t pay back the loan. Paula jumped when someone pounded on the conference room door.
“Come in,” she said.
The door opened and Bart walked in with a sandwich and Coke in hand.
“Oh, thanks. I’m starving.”
He set the food down and took a seat across from her. She began eating voraciously while she explained the situation to Bart.
“So, did you get your questions set?”
“Uh-huh. Take a look and let me know what you think.”
Bart took up the sheet of paper and read the questions. He nodded. “That about covers it.”
There was another knock on the door and the bailiff stuck in his head. “The judge is about to take the bench.”
“Oh, thanks,” Paula said, getting up.
“I’ll take care of this,” Bart said and waved Paula on.
Paula walked quickly to the defense table and sat just as the bailiff ordered everyone to rise. The judge took the bench and told the bailiff to bring the witness back in. When the witness had been reseated he nodded to Paula.
“Ms. Waters. You may continue.”
“Thank you. Permission to treat the witness as hostile?”
“Permission granted,” the judge said.
“Mr. Mellon. Is it true that you lent Rodney Thompson the sum of $250,000?”
Mellon looked down at an index card and read what was written. “On advice of counsel, as is my right under the Constitutions of the United States and the State of Texas, I respectfully decline to answer the question on the grounds it might incriminate me.”
The judge looked over at the jury. “You are instructed that no inferences should necessarily be drawn by this witness’s exercise of his Fifth Amendment rights. It’s common knowledge that Mr. Mellon is under indictment in another criminal case pending in another court. It is possible that his refusal to testify relates to that case rather than this one, although only the witness knows for sure. I know this is confusing, but this is an unusual case and it can’t be helped. Ms. Waters, you may continue.”
Paula nodded. “Mr. Mellon. Is it true that as additional security for the $250,000 loan to Mr. Thompson, you took out an insurance policy on his life?”
Mellon looked down at his index card again.
“Ah. You can just say, ‘I take the Fifth’ if you want,” Paula said. “We’ll understand.”
“Okay. I’m taking the Fifth,” Mellon said.
“Very well. Is it true that in your payday loan and pawnshop businesses you often employ threats, intimidation, and bodily harm as a collection technique?”
Mellon sighed. “I take the Fifth.”
“Is it true that you often brag to your family and friends that you have a 100 percent collection record?”
Mellon smiled. “Like I said. I take the Fifth.”
“So, since Rodney Thompson was broke and there was no chance you could collect from him, you decided you wanted to collect on his insurance policy, right?”
Mellon’s smiled faded.“ I take the Fifth.”
“That meant you had to kill Rodney Thompson, right?”
Mellon swallowed hard and looked away. “I take the Fifth.”
“But if you were tied in any way to the murder, you wouldn’t be able to collect on the policy, right?”
Mellon coughed. “I take the Fifth.”
