Death Qualified Part 23

"Five eleven."

"So the entry wound was about five feet five inches above the ground, and angled downward?"

"Objection," Tony snapped.

"The witness doesn't know the position of the victim when the shot was fired."

"Sustained," Judge Lundgren said.

Barbara turned to regard Tony for a long moment. Then she said, "I withdraw the question. I agree

entirely, Mr.

De Angelo The witness doesn't know that."

Tony jumped to his feet, but before he could object, Judge Lundgren said sharply, "Ms. Holloway, please save your commentary for your summation."

She was aware of a stir in the jury box, but she looked at Dr. Riley again.

"Thank you, Doctor. No more questions Tony hesitated momentarily, then said that he had no further questions. It was almost four, time to adjourn for the day. Barbara stood with Nell at her side as the judge left the courtroom, and she knew every eye of the jury was on the small woman at her side.

NINETEEN.

the next day Tony called to the stand the UPS delivery man, Ed Seligman, who testified that when he delivered the computer to Nell's house, he had seen the rifle on the couch and the box of sh.e.l.ls nearby. He had noticed because that seemed a strange place to keep a rifle in June, out of hunting season and all. Barbara had no questions for him.

James Gresham was next, a dignified witness who was succinct and obviously unhappy about being called. He admitted that no one could have gone to Nell's house after the delivery man because both he and his wife had been in the driveway or on the porch the entire time until they heard the shot. No one had come in past them.

Tawna, equally reluctant, recounted Nell's warning to lock her door because Lucas might show up and walk in.

She confirmed that no one had entered by the road after the delivery man.

Lunch that day was subdued. Nell went off" with her in laws and Frank and Barbara went to the Park Bar and Grill a block and a half away.

"It's going to get worse this afternoon," she said gloomily.

"You bet." Frank leaned over and patted her hand.

"You haven't lost your touch, honey. I'm proud of you.

Tony's racking up points, but so are you, Bobby. So are you."

She took a quick breath, but did not voice the swift and bitter retort. Points, she thought, his points were as abstract as ... as Mike's points that he charted on his computer.

Now and then one sailed off into infinity, he had said, grinning; and when that happened you just started over with new numbers. Not with people, Barbara said under her breath: no more abstractions, no pretty computer pictures. Here and now Nell's life was the only point.

Yesterday the jury had stirred with interest for a brief time; today they were zombie like settling in deeper and deeper as if the emerging pattern had spread out too far, beyond their range of comprehension, beyond their vision. A bad sign. But nothing was off the chart yet, Barbara added grimly; she would make them see the connections, make them see the whole pattern. She knew she had to.

Tony was playing it very close; he was not giving her an opening to the past, and if she tried to bring in the past, he was on his feet objecting instantly. Judge Lundgren was going along. Although her father was looking drawn and anxious, so far he had not said, / told you so. She was grateful for that. She was also grateful that he was not reminding her that once the jury had decided, it would be a monumental job to un decide them. She attacked her salad with some viciousness.

Tony's next witness was Jessica Burchard. There was a hush in the courtroom as she rolled forward in her wheelchair.

She was a striking figure with a blue-gray shawl around her shoulders, a gray skirt that hid even her feet, a blue long-sleeved blouse that left only the ends of her fingers visible. She was obviously in pain. She looked very brave.

In a reverential voice Tony asked permission for her to be allowed to remain in her own chair, not to stand to take the oath; the judge nodded solemnly.

After Tony established her ident.i.ty, he said, "Mrs. Burchaid, did you ever hear Nell Kendricks threaten to shoot anyone?"

"Yes. I heard her say that."

"Please, just tell us about it in your own words."

She twisted to look up at the judge.

"I don't think she meant anything by it. You know how people say things...." Her voice was faint, and she was twisting a handkerchief around in her hands.

"Please, Mrs. Burchard, speak up. That's for the jury to decide," Judge Lundgren said kindly.

"Mrs. Burchard?" Tony said, equally gentle.

"When did you hear Mrs. Kendricks say that?"

She looked down at her hands and said in a low voice, "On Thursday, a few days before he, before Lucas Ken dricks, was shot."

"Go on. Just tell us about it."

She appeared to be making a great effort to force herself to speak, but when she did, the words tumbled out fast. "We were on my deck, and she said that she would shoot anyone who trespa.s.sed on her property. She was a very good shot, you see. And then when he, when Lucas was shot, I remembered what she had said, and I thought that he had told her he intended to cut down the trees. He tried it once before, before he ran away the last time, and I thought he must have told her he would actually do it this time. To raise money, of course. When I heard that he had been shot up on the ledge, that made me recall what she had said." She let out her breath and looked up at Tony, then looked past him to the defense table, and whispered, "I'm sorry."

Barbara turned as if to confer with her father, but in fact she was looking at Nell, who had become as cold and pale and rigid as an alabaster statue.

"Take it very, very easy," she murmured to Nell, and then said to her father, "b.i.t.c.h." He nodded and pulled out his notebook and made a note, as if she had reminded him of something or had made a request.

If Tony was as smart as she remembered, he wouldn't go much beyond that, Barbara thought. He was behaving like the perfect, solicitous, tender prosecutor doing a distasteful job that he didn't want to prolong. In fact, he asked only one more question.

"To your knowledge, did anyone else overhear what Mrs. Kendricks said that day?"

"I don't know," Jessie said.

"I can't be certain. Except for my husband, of course. He was right at my elbow."

When Barbara stood up she felt as if she were on a slippery slope to a viper pit. Tony had been the good guy, and now she would play the heavy and take terrible ad vantage of this poor, brave, suffering woman.

"Mrs. Burchard," she said, "how can you be so certain that was on Thursday?"

"That's the day my husband is home in the afternoon.

We always have open house, neighbors drop in."

"Isn't Thursday the day the bookmobile arrives at Turner Point?"

"Yes."

"Was that the Thursday that people at Turner's Point saw a body in the river?"

"Your Honor, I object!" Tony said sharply.

"It has not been established that this witness has any direct knowledge of what was going on at Turner's Point."

"Sustained."

"Who else was at your open house that Thursday?"

Barbara asked.

Jessie shook her head.

"I'm sorry. I just don't remember."

"Did any of your guests appear upset, excited?"

"I don't know. I don't remember. We always have open house on Thursday, and they seem to blend together. It's hard to remember any one in particular."

"But you recall exactly what Nell Kendricks said? Is that right?"

"Yes. Because when Lucas was shot, I remembered what she had said, and I thought that he had told her he intended to cut down the trees. He tried it once before, before he ran away the last time, and I thought he must have told her he would actually do it this time. To raise money, of course. When I heard that he had been shot up on the ledge, that made me recall what she had said."

Barbara nodded gravely and walked away a few steps, her hands clasped before her, her head bowed a little.

"How long have you known Nell?"

"Nine years, ever since we moved out to the river property."

"And her children? You know them?"

"Well, of course."

"You've seen her during times of trouble, and during good times, then. Is that right?"

"Yes, for nine years."

"Was she troubled on that Thursday? Excited?"

"I don't remember that she was."

"What were you all talking about when she said she would shoot a trespa.s.ser?"

"I can't remember. I just remember what she said."

"Yes, I see. Do you have children, Mrs. Burchard?"

"No." For the first time her voice sharpened and was clearly audible.

"How big are your parties when you have open house?"

"I don't know. It varies."

"Six people? Ten? Just a rough estimate."

"I don't know. Five or six, probably."

"And Nell Kendricks was usually one of them?"

"Yes, she used to come regularly."

"In fact, she picked up and delivered your library books, didn't she?"

"She used to."

"Yes. Did your group discuss literature at those open houses?"

"Not usually."

"Politics? Art? Local affairs?"

Jessie looked helplessly at Tony, as if to ask if she had to submit to any more of this. Barbara waited. She was standing by the corner of the defense table. Although she had not glanced at Tony, she knew that the expression he was wearing would be one of outrage at her badgering of this ill woman. Probably the jury was sharing that outrage by now.

"I don't know what we talked about," Jessie said fretfully.

"Different things, local things, logging, things like that."

"So in the middle of discussing local affairs, Nell Kendricks said.. .." Barbara paused.

"Just remind us of that afternoon, will you?"

"Yes," Jessie said clearly.

"We were on my deck, and she said that she would shoot anyone who trespa.s.sed on her property. She was a very good shot, you see. And then when he, when Lucas was shot, I remembered what she had said, and I thought that he had told her he intended to cut down the trees. He tried it once before, before he ran away the last time, and I thought he must have told her he would actually do it this time. To raise money of course. When I heard that he had been shot up on the ledge, that made me recall what she had said." She finished with a defiant, steady voice.

"Yes," Barbara said slowly.

"I see. Did you make a note to yourself to help remember what happened that day?"