Deadly Defiance, page 6
“Helio could sell a hairpiece to a hippo,” Ricardo joked.
Jodie laughed. “Doubling sales must have put a lot of pressure on your father to boost production.”
“Yes. He had to hire a lot of new workers and run a third shift. The plant runs twenty-four hours a day now.”
“Really? That must be a strain on him.”
“He’s got Rudy to help him. Rudy’s a good manager and knows how to turn a profit. Dad runs the plant during the day and Ben and Adair cover the swing and the graveyard shifts. They’ve both been with the family a long time.”
“It must be nice to have a successful family business. Keeps everybody close.”
“Except Ricardo. You need to help us with him. Dad’s going to have to retire one of these days and we’re going to need him.”
Ricardo turned away. “You know how I feel about that,” Ricardo said.
“My brother doesn’t approve of some of our business practices,” Helio said. “He doesn’t realize how difficult it is to run a small business nowadays. He thinks we should pay our employees overtime and pamper them with health insurance and sick time.”
Ricardo turned back and glared at Helio. “That’s right. It’s not fair to treat people the way we do. We take advantage of them because they are illegals.”
“How do you get around the Texas Employment Commission and the Department of Labor?” Jodie asked. “Don’t they ever audit you?”
“Yes, but we have people who know how to deal with them.”
Jodie nodded. She wanted to find out more details on how that worked but she was afraid to press her luck. She looked at Helio. “I guess they could quit if they didn’t like the way you treated them.”
Ricardo looked at Helio. He hesitated. “Sure, that’s right. They’re lucky they have a job. Jodie has more sense than you do, Ricardo.”
Jodie raised her hands in surrender. “Hey, do what you want, but I’m staying out of the family business. Let’s talk about something else.”
Helio stood up. “That’s all right, Jodie. Sorry we dragged you into our family squabble. I need to get going. It was a pleasure to meet you.”
Helio left and Jodie turned to Ricardo. “Hey. I’m sorry I chimed in at the wrong time. It was none of my business. I should have stayed out of it.”
“It’s all right. You just don’t understand. My father works his employees twelve hours a day and only books them for eight. He doesn’t give them vacation, sick time or any benefits whatsoever. It makes me sick. I’ve told them this is America and you can’t treat people like that, but he doesn’t listen.”
“But they could quit if they wanted to, couldn’t they?” Jodie asked. “I mean it’s a free country. Nobody is forced to work.”
Ricardo sighed. “You are so naive. These are illegal aliens. They can’t just quit and find another job. If they quit they can’t apply for unemployment. They’ll either starve or be forced to return to Mexico.”
“So, what’s wrong with that?” Jodie asked. “Mexico can’t be that bad.”
“It’s nothing but poverty and desperation for most of the population. Once you’ve lived in America you can never go back. Besides, my father doesn’t allow them to quit even if they wanted to.”
“What do you mean? How can he stop them?”
“That’s Guido’s job to keep everyone in line. That’s why I could never work for my father. I couldn’t sleep at night.”
“Where did you get your strong moral conscience?” Jodie asked. “I mean, why aren’t you like your brothers?”
Ricardo shrugged. “From my mother. I’m the youngest, so I guess she was more protective of me than my brothers. She is a good woman and she always wanted me to go to college and get away from the family. She said I was better than any of them.”
“Well, she must be proud of you, then.”
“She is, but I worry about her. My father blames her for the way I turned out. He complains to her all the time about it and treats her worse than dirt sometimes.”
After dinner Ricardo suggested they go back to his place for a nightcap, but Jodie artfully excused herself. She felt bad about using Ricardo to gather evidence against his father. The more time she spent with him the more she liked him. When she got home she checked the tape recording and was relieved when she verified that it had worked properly. She wondered if she’d gotten enough to get Besch to reopen the case.
Chapter 6
Posting Bond
After making peace with Stan, Paula went back to her office to contemplate how to defend Maureen Thompson given the adverse publicity that had already surfaced and the presumption in the media that she was guilty. Her first task was to figure out how to get Maureen out on bond and then to find a way to get paid for defending her. Paula didn’t mind a little pro bono work from time to time. In fact she volunteered at the Family Law Clinic once a month, but she wasn’t going to handle a high-profile murder case for nothing—that would lead to financial ruin. The firm’s overhead was already unbearable and now with Jodie commanding an attorney’s salary, it was even worse. She decided to call Maureen’s sister Elena and see if she had any ideas.
“Hello. Elena Watson?” Paula inquired.
“Yes,” Elena said.
“This is Paula Waters. I’m an attorney representing your sister.”
“Oh, good. I’m so glad she found an attorney.”
“Yes, she actually retained us for a bankruptcy and then this came up.”
“What a shock, huh? Poor Rod. What a way to die.”
“Speaking of that. I was a little shocked by the headlines in the Dallas Morning News this morning. What can you tell me about the death of your sister’s previous spouse?”
“Oh, yes. Well, she didn’t kill him, if that’s what you mean.”
“I hope not, but the MO is the same—the ice pick and all.”
“Yes, but Maureen worshiped Randy. She couldn’t have killed him.”
“I understand there was a hung jury and the case was dropped.”
“That’s true,” Elena replied. “They’d gone on a picnic to the lake and Randy was killed while Maureen was swimming. When she came back she found the mutilated body. Maureen tried desperately to revive him. Of course, she got blood all over her in the process and she’d used the ice pick earlier so her fingerprints were already on it.”
“Did Maureen testify?”
“No. Her attorney wouldn’t let her.”
Paula wondered if that was an indication that her attorney thought she was guilty and would get tripped up on cross-examination. Some attorneys, however, wouldn’t ever allow their clients to testify under any circumstances. Paula asked more questions about the previous trial and then got to the matter of the bond.
“I understand your parents can’t help with a bond.”
“No, they’re living on social security.”
“Do they have a home?”
“Yes.”
“Is it paid for?”
“Yes, but I’d hate for anything to happen to it.”
“Do you think your sister would run?”
“No. No. She’d never do that.”
“Well, unfortunately you can’t pledge your homestead in Texas. Do they have a second home?”
“Ah. No, but they do have a lot at Cedar Creek Lake that they were going to build a home on but never got around to it.”
“That might work. Is it a lake front lot?”
“Yes. It’s a beautiful lot in a little cove. It cost them twenty grand fifteen years ago.”
“Good. Why don’t you talk to them and see if they’d be willing to put it up as collateral on a bond. Tell them as long as Maureen shows up for trial they won’t lose it.”
“Okay. I’ll do that.”
“The other problem is financing Maureen’s legal defense. I know none of you have any extra income, so I’m wondering if you know anything about Thompson Construction.”
“Rodney’s company? Ah, a little bit. I used to do bookkeeping for him.”
“Does the company have any projects in progress?”
“Yes. I believe there are a couple of spec houses nearly complete.”
“Who’s running the company since Rodney’s death?”
“His superintendent, Charlie Hatch.”
“Is Maureen capable of running the company?”
Elena laughed. “Are you joking?”
Paula smiled. “How about you? If you were doing the bookkeeping you must know a little about the business.”
“I can pay the bills and deal with the lenders.”
“Good. Have you seen the corporate papers? Is Maureen an officer?”
“Yes. She was made VP in case of emergency.”
“Good. Then Maureen can take temporary control of the company and elect you president. That way with Charlie’s help you can finish up the two projects and collect the retainage. Do you know what the houses sell for?”
“They are in the $225,000 range.”
“Excellent. So, there should be about $45,000 in retainage then—just about what we need for Maureen’s defense.”
Elena sighed. “Wow. I guess I’m going into the construction business.”
“For a while anyway,” Paula agreed, feeling much relieved that she was close to solving one nagging problem.
As soon as Paula got off the phone she called her bondsman, Roger Rand, and had him get a bond ready. She gave him the information on the lake lot so he could do a title check and get an informal appraisal done for his underwriters. If that all checked out, all they’d need would be Maureen’s parents’ signature on the bond. Paula prayed her parents and Maureen were on good terms.
At quarter to two Paula arrived at the courtroom of the Honorable Leon Sands, Judge of the Criminal District Court #2 of Dallas County. Two reporters accosted her as she walked up.
“Ms. Waters,” the first reporter said. “Do you think the judge will grant bond?”
“I should hope so. She’s not a flight risk.”
“Does your client intend to plead not guilty by reason of insanity?” a second reporter asked.
Paula frowned. “Ah. We haven’t really looked into strategy yet, but my client professes her innocence so an insanity defense wouldn’t be appropriate.”
Paula raised her hand to indicate she was through answering questions then turned and walked into the crowded courtroom looking around for Stuart Rawlins. She spotted him at one of the counsel tables, so she took a seat to wait for the judge to arrive. Right on schedule Judge Sands took the bench and the clerk began calling cases. Paula ran her argument through her mind over and over again until the clerk called the case.
“The State of Texas vs. Maureen Ann Thompson.”
Paula stood up and stepped forward.
Rawlins glanced at her then said, “Stuart Rawlins for the State of Texas.”
“Paula Waters for the defendant.”
“All right, bring in the defendant.”
The bailiff led Maureen Thompson over to where Paula was standing. Paula smiled at her warmly.
“Maureen Thompson. You are charged with the murder of your husband, Rodney Rutherford Thompson. How do you plead?” the judge asked.
“Not guilty, Your Honor,” Maureen said earnestly.
“All right. Ms. Waters?”
“Your Honor, the defense requests that bail be set in a modest amount. Mrs. Thompson isn’t a flight risk. She has two children, a job, and no prior criminal convictions. She has limited income and few assets, so a large bond would be tantamount to denying her bond.”
“Mr. Rawlins?”
“Your Honor, Ms. Thompson may not have a criminal record but this isn’t the first time she’s been on trial for murdering her husband.”
“Objection, Your Honor. Allegedly murdering her husband. She’s never been convicted and she won’t be this time.”
“Ms. Waters. This is no time for objections. Let Mr. Rawlins speak. He didn’t interrupt you.”
“Yes, Your Honor. My apologies.”
“You were saying, Mr. Rawlins?”
“Yes, Your Honor. She may not have been found guilty but neither was she exonerated. The state would oppose any bond, Your Honor. We feel her freedom would be an unacceptable risk to the community and, because she has few assets, she would definitely be a flight risk.”
“She does own her home, Your Honor,” Paula added.
“Yeah, now that her husband is dead,” Rawlins retorted.
“Okay. Okay. This is a murder case, Ms. Waters, so I can’t set bail too modestly. Bail is set at $200,000.”
Paula felt relieved. Two hundred thousand dollars wasn’t so bad in a murder case. She felt sure with the lake lot as collateral the bondsman wouldn’t have a problem. She just hoped Maureen’s parents would be willing to assign it to get their daughter out of jail.
Maureen made eye contact with Paula, and she returned a reassuring smile. Then the bailiff escorted her out of the courtroom. Paula was going to say something to Stuart but he’d made a quick exit, leaving his assistant to handle the rest of the pleas. Feeling a little abandoned, Paula left to make a phone call to Maureen’s sister to see if pledging the lake lot was a go.
“Elena?”
“Yes.”
“The judge set the bond at $200,000. That’s not too bad, actually, for a murder case.”
“Oh, really? It sounds like a lot to me.”
“It’s a fair bond. What did your parents say?”
“They said they’d put the lot up as collateral, but they don’t think it’s worth more than a hundred grand. They’ve been trying to sell it for years.”
“Oh . . . Well, I guess we’ll find out when the appraisal comes back. Do you want me to send the bond paperwork to you or directly to your parents?”
“You can send it directly to them.”
“All right. Tell them the bondsman will bring it by or he’ll send a messenger who is also a notary, so they can sign it and the messenger can bring it back. If we work quickly Maureen might not have to stay in jail tonight.”
“Oh, good. She doesn’t do well in jail.”
“No, I wouldn’t think so. What did you find out about Thompson Construction?”
“I talked to the superintendent and the bank. There’s $32,000 in retainage, but they won’t release it until the job is finished and there’s been a final inspection by the city.”
“How long will that be?”
“Ten days, at least.”
“What about cash? Is there any money in the bank?”
“Yes, about ten grand.”
“Well, you can pay me five thousand now for expenses and another twenty toward my fee when the retainage is paid.”
“Do you think it’s okay for me to be writing company checks?”
“Yes. I’ll have Maureen sign a consent the next time I see her. You can run that by the bank and they’ll put you on the signature card. ”
“Okay. What about the probate?”
“It will take us about forty-five days to get a probate filed and Maureen approved as independent executrix.”
“Don’t you think someone might object to Maureen being executor of Rodney’s estate?”
“Possibly, but as long as he hasn’t divorced her and she hasn’t been convicted of his murder, she qualifies to be independent executrix.”
“Still, someone in Rodney’s family is going to object.”
“You’re probably right. But, since it’s an independent administration, I doubt they can do anything about it. The court lacks jurisdiction. Do you know who the alternate executor is?”
“Rodney’s brother, Andrew. You better hope he doesn’t end up with the job. He’s a real asshole.”
“Wonderful. We just gotta make sure that doesn’t happen,” Paula said, starting to feel a little depressed. Fortunately, she didn’t have to worry about that problem—that would be Stan’s headache.
When Paula got back to the office she called the bondsman and was distraught to find out the appraiser had only appraised the lake lot at $90,000. Paula’s heart sank.
“Is that all?”
“Yes, property values on the lake have dropped quite a bit in the past few years. Dallas growth is strongest to the north, so a lot more people are buying at Lake Lewisville and Lake Texoma rather than Cedar Creek. But, even so, $90,000 is enough. We’ll post the bond.”
“Oh, thank you, Roger. You’re the best.”
“Always aim to please. I’ve got a messenger on the way to Maureen’s parents’ place. Just as soon as he calls me advising that the paperwork has been signed, I’ll run over to the courthouse and file the bond.”
“Good. Let me know when I should go pick her up.”
Rand agreed and hung up. Paula took a deep breath and leaned back in her chair. It had been a long day, but she’d accomplished a lot and was feeling pretty good until the telephone rang.
“Hello.”
“Paula Waters?”
“Yes.”
“This is Andrew Thompson. I’ve just filed papers to be appointed independent executor of my brother’s estate. The judge said I had to give you notice in case you wanted to oppose the appointment.”
Paula stifled the obscenity that first came to mind, took a deep breath, and replied, “Well, yes. We will definitely be opposing the appointment since Maureen was appointed independent executrix.”
“That may be true, but she’s not qualified to act. She has a conflict of interest.”
“Well, we’ll see about that. Be sure and give me notice of the hearing.”
“I will, but come on, get real—no judge in his right mind will allow the woman accused of the decedent’s murder to handle his estate.”
Paula hung up the phone angrily. Andrew had a point, but still, there was a presumption of innocence and if that meant anything, Maureen couldn’t be kept from doing her job as executrix. At least, she hoped the judge would see it that way.
Chapter 7
Unresponsive
On Friday night Stan and Rebekah decided to drive up to Lake Arrowhead Lodge in Oklahoma. They loved the quaint little resort on the lake and made a point to go there at least once each year. On Saturday they ate breakfast in the dining room overlooking the lake, took a swim in the pool, and then checked out and drove to Platt National Park for a picnic dinner. Stan always marveled at the dense Eastern Red Cedar forest that dominated the landscape and nineteen natural springs located in this oasis in the middle of the Oklahoma prairie.
