The Burning Man (28 page)

Donna had lapsed silence so Peter rolled down the driver's window and enjoyed the rich summer air until she said, "I have an idea. I've lived in Whitaker my whole life. I know a lot of people here. Why don't you let me help with the investigation?"

"What?"

"I know I can do it. If .. . we do go to a penalty phase, I can line up a million witnesses with good things to say about Gary. It would take another investigator weeks to make up a list of people I could remember in an afternoon."

"You've never done any investigation, Donna. You wouldn't know how to go about it. You need a police background or training."

"Barney Pullen has a police background. How much good has he done for Gary?"

"It wouldn't work."

"Maybe not, but I can't do worse than Pullen, from what you've said, and I might do a hell of a lot better.

At least you'd know I wasn't going to quit on you."

Peter dropped Donna off at the Harmons' and headed back to town. During the drive, he thought over Donna's offer to act as his investigator. She meant well, but she had no experience and he needed someone who knew what he was doing. One thing g she said had made in sense, though. If Gary was convicted, the penalty phase would start after a short break. In the penalty phase, the defense told the defendant's life story to humanize him.

Donna would not only know what people would be of use at trial, but those people would trust her and talk to her.

The phone was ringing when Peter walked in the door of his house. He answered on the third ring.

"Is this Peter Hale, the lawyer who's defending that guy who's supposed to have killed the girl in the park?"

"Right. Who's this?"

"Zack Howell. I'm a student. I go to Whitaker."

"What's up, Zack?"

"I, uh, read the ad. The one you put in the Clarion asking anyone who was near Wishing Well Park when Sandy Whiley was murdered to call you."

Yes?"

"Well, uh, I didn't want to call, at first. But the guy is charged with murder. So, I talked it over with Jessie, my girlfriend, and she said we had to call."

"You were near the park on the evening of the murder?"

"Yeah, we were."

Chapter TWENTY-THREE.

After talking to Zack Howell, Peter called Barney Pullen's house. A woman answered and told him that Pullen wasn't in. Peter left a message for the investigator, telling him to bring his reports to the courthouse at eight o'clock the next morning.

Peter was in front of the courthouse at eight sharp. At eight-twenty, Pullen showed up, looking annoyed.

"You're late," Peter said.

"Sorry," Pullen mumbled, but it was obvious that he didn't mean it.

"Where are your reports?"

"I haven't found a lot of useful stuff yet, Mr. Hale," Pullen said, handing Peter a thin stack of paper, "but I think I'm close to some good information."

Peter thumbed through the reports quickly, because there was so little to read. He was stunned at first, then furious. When he looked up at Pullen, the investigator would not meet his eye.

"I can't believe this is everything you've done."

Pullen shrugged.

"Have you walked off the distances between the Stallion, the Ponderosa and Gary's house, like I asked? I don't see a report on it in here."

"I haven't had a chance to get to it, yet."

"I asked you to do that weeks ago."

"Yeah, I know. I was going to do that on the weekend, but something came up."

"What was that, Barney?"

Pullen looked very uncomfortable. "I promised my ke his kid fishing. I thought I'd have plenty brother I'd to of time to walk off the distances when we got back to town, but in y car broke down. By the time I fixed it and got the kid back to his folks, I-was beat. I should be able to get to it today."

"Barney, this isn't working out."

"What do you mean?"

"I mean that I'm getting someone else to take over the investigation. I just don't think you're doing a professional job and there's too much at stake."

"What are you talking about? I've been busting my ass on this case."

"We've got a difference of opinion on that. Send me a bill for your time. I've got to get to court.

A reporter from the Clarion spotted Donna and her parents in the corridor outside judge Kuffel's courtroom.

Before they could get inside, the reporter cornered Jesse and asked him for a comment. While II er father talked to the reporter, Donna took a step back, hoping she would be left alone.

"Hi, Donna."

She turned. Steve was standing next to her. Her breath caught and fear froze her.

"I have an appearance in judge Staley's court. I was heading there when I saw you."

"I don't want to talk to you, Steve. Please go away."

"You have every right to be angry. I just wanted to w you're doin find out ho 9.

"I'm doing fine, now that you can't hit me."

Mancini looked down. He seemed contrite.

"You don't deserve what I did. I'm ... I don't know what I am. But I know that I love you and I want our marriage to work. I'm willing to go to counseling, if you think that's what I need."

"I don't trust you, Steve, and this isn't the time."

"I understand. I don't expect you to come back to me right away, but I want you to know that I still love you very much and I feel sick about what I've done to our marriage. I just want to know if we have a chance."

"I don't know if we do," Donna answered firmly.

Jesse Harmon turned away from the reporter and saw Steve. He flushed with anger and took a step forward.

Donna put a hand on his arm, "It's all right, Dad."

Jesse glowered at Mancini, but held his tongue.

"Now isn't a good time," Donna told Steve.

"Will you at least agree to talk this over."

"I have to think."

"Let's go, Donna," Jesse said and Donna followed her parents into the courtroom.

Peter and Gary were already at their counsel table.

Gary noticed Donna and grinned. He had been iiset when she was not in court. Peter walked over to the bar of the court and motioned toward Donna.

"I thought over your idea about investigating for me.

There are a few things I'd like you to do "Oh, Peter," Donna said excitedly.

"Look, I don't have any time now, but Becky told Judge Kuffel that she only has one short witness before she rests her case. Kuffel in send the jurors home whe II WI she rests, then hear motions. I think I'll be done by noon. Why don't I drive out to the farm after lunch. I'll make copies of all the investigative reports'. You can read them over and we can talk about it tonight."

"That would be great."

III The ha' 'if called the court to order and Donna and Peter took their seats just as Becky O'Shay recalled Dennis Downes to the stand.

"I have one more matter I want to discuss with you, Sergeant Downes," O'Shay said, after the judge re minded the policeman that he was still under oath.

O'Shay handed Downesa plastic evidence bag.

"Do you recognize the item of evidence marked State's Exhibit 76 that is contained in this plastic bag?"

Yes."

"What is it?"

"It's a Crusader's Cross on a chain."

"A necklace?"

"Yes, ma'am."

"Who owned this necklace?"

"We established that this medallion was Sandra Whiley's good luck charm. She was last seen wearing it by one of the bartenders at the Stallion shortly before she left the bar around eleven-twenty."

"Was she still wearing the necklace when her body was discovered?"

"No. There was a bruise on Miss Whiley's neck that was consistent with a narrow object like the chain on the necklace being torn off forcefully."

"Where was the necklace found?"

"In a bush near the entrance to Wishing Well Park."

"Was the necklace damaged in any way when it was found?"

"The clasp had been broken in a manner consistent with the necklace having been jerked off of the victim while she was wearing it."

"How many people knew that Miss Whiley was not wearing the necklace when she was found?"

"Not many. It would only be the police at the scene, the medical examiner.

Not all of the officers saw the body or learned about the discovery of the necklace."

"So very few people would know that the necklace had been ripped from Miss Whiley's neck when she was killed as opposed to being removed from her neck by the police when her body was discovered at the well?"

"Yes, ma'am."

"What conclusion would you draw as an experienced law enforcement officer, if you learned that Gary Harmon told someone that Sandra Whiley's killer had ripped a necklace from her just before he murdered her?"

Peter objected to the question and Judge Kuffel sustained his objection, but Downes's answer did not matter. The jury had heard Kevin Booth's account of Gary's confession and they were going to wonder how Gar y could possibly have known that Sandra Whiley's Crusader's Cross had been ripped from her neck just before she was killed. Peter was wondering about that too when Becky O'Shay told the judge. that the state was resting its case.

Chapter TWENTY-FOUR

The defense case was short and that worried Peter. He wondered if the jury would hold it against Gary that he was able to muster so few witnesses to speak on his behalf after so much testimony from the prosecution.

During the morning session of court Peter called several of the policemen who searched Gary's house to establish that no blood had been found on Gary's clothes.

He also called the bartender from the Ponderosa, who testified that he saw Gary around midnight on the evening of the murder and did not notice any blood on his clothes. Then, he called Elmore Brock, whose shaggy brown hair, smooth skin and blue blazer made him look like a student in a parochial school. Gary's face lit up when he saw Brock and he waved at the witness. Brock ing looked unsure about smiling back, but he did when Gary started to look upset.

"That's Mr. Brock," Gary told Peter excitedly "How are you employed, Mr. Brock?" Peter asked after getting Gary -to quiet down.

"I'm the school psychologist at Eisenhower High School here in Whitaker."

"Can you tell the jury your educational and professional background?"

Brock hunched over a little. He looked uncomfortable talking to the jury.

"I graduated from Portland State University with a B.A. in psychology. Then, I obtained a master's degree from the University of Oregon in special education.

After I received my master's, I spent one year in Portland a t the Allen Center, a treatment facility with programs for preschool -through adolescence. When the school psychologist position at Eisenhower High opened up six years ago, I applied for it and I've been there since then."

"Mr. Brock, did you work with mentally handicapped children at the Allen Center?"

"Yes I did."

"Does Eisenhower High have classes for the mentally handicapped?"

"It does."

"What is the definition of 'mentally handicapped'?"

"Uh, I'd say it means that a person has diminished capacity to take in and organize new information and diminished ability to use the information. The negative effects of this condition can be seen in all aspects of the handicapped person's life and it affects his educational, social and vocational functions."

"Did you know Gary Harmon when he was a student at Eisenhower?"

"Yes, I did," Brock said, turning toward Gary and smiling at him warmly. Gary smiled back.

"Was he classified as mentally handicapped?"

"Yes."

"What is Gary's IQ?"

"Somewhere between 65 and 70."

"What is the IQ of an average, normal person?"

"One hundred."

"Would a person with an average IQ do well in college?"

"No. Most college students have IQ's in the range of 120.5'

"Mr. Brock, what is the difference between Gary and someone with an average IQ?"

"Well, if you looked at a photograph, it wouldn't show any difference, but if you talked to Gary you would notice several things after a while. Gary's speech is going to be slower and less distinct. His vocabulary will be significantly smaller. His coordination and fine motor skills will also be more awkward and less devel aped.

"Gary also functions in the here and now. He doesn't have the ability to make plans that extend very far into the future and the plans he does make are going to be vague and may be unrealistic."

Peter shot a quick look at Gary, but he showed no reacting on during this clinical discussion of his intelligence level.

"What classes did Gary take in school?"

""They were special education classes designed to give Gary living skills and vocational skills. He also received e very basic education in mathematics, E English and sam n other subjects; that normal children study."

J "Did Gary have an individualized education plan?"

"Yes. He trained to be a janitor and he worked at the college with the janitorial staff while in high school."

"Was his work as a Janitor satisfactory?"

"Definitely," Brock answered enthusiastically. Gary sat up straight and smiled proudly. "Gary works very hard at any task you give him. It took him a while to catch on, but Gary never stops trying to learn a skill."

"Did Gary do any work for you?"

"Yes. He was always asking me if he could help me around the office. I usually told him no, because most of the work was too complicated for him, but I did have him Xerox items on occasion and he was great at stuffing envelopes."

"I did good work for Mr. Brock," Gary said.

"May I have a moment, Your Honor?" Peter asked.

judge Kuffel nodded. Peter turned toward his client and put a hand on his shoulder.

"Gary, we talked about this," Peter said quietly. "You can't talk while a witness is testifying. Okay? You write down anything you think is important and we'll talk about it. But don't talk now."

"I'm sorry " Gary said.

"Mr. Brock, do you have Gary's school records?"

Peter continued.

"Yes," Brock said, holding up-a manila folder.