Fatal Flaw Part 42

"In the second paragraph he mentions the general condition of the skin other than the bruise, doesn't he?"

"Yes."

"No other sign of insult to the skin, isn't that right?"

"Yes, that is what he wrote."

"Nothing about particles of gunpowder embedded in the skin, is there?"

"No."

"And nothing about abrasions from particles bouncing off the skin, is there?"

"Not from what I can see."

"So, in fact, in reading the autopsy, there is no evidence of stippling."

"That's right."

"No evidence that her skin was in any way exposed to the nitrates released by the handgun."

"Maybe not."

"Now, here is my question, Officer Cantwell. Based on the test you performed with the photographic paper and the comforter, and based upon the absence of stippling on the victim's clothes or skin, isn't it quite possible that all the stippling occurred on the comforter only because her entire body, including her face, was covered by the comforter?"

"That might be one explanation."

"So, to summarize your testimony, the shooter might have been as far from the victim as six feet, you can't in any way deny the possibility that it was dark in the room, and you maintain that it is quite possible that the victim was entirely hidden by her comforter."

"Yes, I suppose..."

"With all that, Officer, isn't it possible that the shooter didn't even know who it was beneath that comforter? With all that, Officer, isn't it possible the shooter murdered the absolute wrong person? Isn't that possible?"

There was to be no answer, of course. This was one of those obviously objectionable questions that lawyers throw in just so they can sneak in some argument in the midst of a cross-examination. But the point was made. It was the first time the jury had heard the possibility that maybe Hailey Prouix wasn't the intended victim, and they listened to the whole examination with admirable interest. And so, I could tell, did Troy Jefferson.

"I don't think they bought it," he said to me after Judge Tifaro had recessed for the day.

"They don't have to buy it, they just have to buy the possibility of it."

"So what are you going to argue, that the lover meant to kill Guy and killed his one true love instead?"

"A sad tale worthy of Shakespeare, don't you think?" I said. "The tragic story of one who loved not wisely but too well and threw it away by trying to kill off the compet.i.tion and mistakenly murdering the woman he loved."

"Sounds like a movie of the week."

"Yes, it does. Maybe after this is over, I'll option the story to ABC."

"We have a new witness to add to our list."

"Someone interesting, I hope."

"Oh, yes, interesting as h.e.l.l. You should never have tried to backstab us like you did on that stipulation. We're calling the victim's uncle. He's known her all her life and he is thrilled as h.e.l.l to testify against the man who killed his niece. He's going to identify her, and then he's got a few more things to say, and I'm going to let him say them."

"Really?"

"Count on it. He's going to bury your boy."

"I certainly hope not. I'd like to speak to him before he testifies, if that's all right. You know where he's staying?"

"He's at the DoubleTree."

"Nice."

"But don't waste your breath. He's not going to speak to you. He's not going to say a word until he's on the stand."

"It shook you a little, didn't it?" I said. "The wrong-victim theory."

"Not really. We had seen the possibility beforehand. We were just wondering what took you so long to figure it out."

As he walked out of the courtroom, I began to wonder the exact same thing. It must have always been a possibility, a close examination of the forensics reports would have shown it to me as clearly as they showed it to Skink. And if there was to be a parallel with the Jesse Sterrett murder, then it only made sense. The boy Hailey was planning to run away with, murdered. The man Hailey was planning to marry, an attempt on his life. It was so obvious. Why couldn't I see it?

Because of my obsession. I was obsessed with Hailey Prouix. Call it love, call it l.u.s.t, call it what you will, but it was an obsession and it colored everything I had done in this case, for better or for worse. She was the focus of my interest, so I a.s.sumed she was the focus of the killer's interest, too. My obsession had been like a set of blinders, but the blinders were off.

Right from the courtroom I called Skink on my cell phone. "He's at the DoubleTree."

"All right," said Skink. "I'll get my man on it."

"Any luck?"

"Not yet."

"You better hurry. He'll probably go on tomorrow afternoon."

"It ain't so easy. It's a big desert."

"No excuses, Skink."

"I understand, mate."

And he did, we all did. It was no time for excuses, it was no time for sitting back and waiting, no time for mere hope. The blinders now were off and Roylynn had been right all along. There was indeed a primordial evil that had blown through Hailey Prouix's life and caused a swath of destruction. And now, in a court of law, it and I were coming face to face.

48.

"WE HAVE time for one more witness this afternoon, Mr. Jefferson," said Judge Tifaro. "Are you ready?" time for one more witness this afternoon, Mr. Jefferson," said Judge Tifaro. "Are you ready?"

"Yes, Your Honor. The People call Lawrence Cutlip to the stand."

"Lawrence Cutlip? I don't see a Lawrence Cutlip on your witness list, Counsel."

"It's a late addition, Judge, in light of Mr. Carl's decision to abrogate his agreement on the stipulation about the ident.i.ty of the victim. Mr. Cutlip will identify her as Hailey Prouix."

"Ah, yes. Any objection, Mr. Carl?"

"No, Your Honor."

"I thought not. All right, then, Mr. Jefferson, but keep it short."

"I aim to, Your Honor, yes I do."

The doors in the rear of the courtroom swung open and a cold breeze slipped in, followed by the decrepit remains of Lawrence Cutlip.

Cutlip, in his wheelchair, was dressed in his good jeans, with a fresh flannel shirt and clean white sneakers, all spiffed for the occasion. His thick grizzle was shaved close, and his wild ruff of white hair was combed back and fastened to his skull with grease. Even his dentures were in place, clean white pieces of plastic interspersed among the brittle natural teeth to which his gums still hesitantly clung. The oxygen tank was sympathetically hanging from the rear of the chair, its clear plastic line hooked around his ears and under his nose. Cutlip occasionally and noticeably wheezed as he was pushed forward by a large woman in short-sleeved nursing whites.

As the old man slid down the aisle between the benches and into the well of the court, he hunched in the chair, looking about himself suspiciously, not sure what to expect. When he saw Beth and me, he smiled awkwardly, as if we were old acquaintances of uncertain temper, and we smiled back warmly, as if we were old friends. We kept smiling even as the woman, biceps bulging, lifted Cutlip's chair to the witness box, even as Cutlip raised his hand, even as Cutlip gave and spelled his name, gave his address, swore his oath to tell the truth, the whole truth, and nothing nothing nothing, so help him G.o.d, but the truth.

"Mr. Cutlip," said Troy Jefferson, "how are you related to Hailey Prouix?"

"She was my niece, poor girl, the daughter of my sister."

"Does she have any other family?"

"Well, her daddy was a Cajun boy who died when she was young, and her mama left off this earth not ten years back. That leaves just me and her sister, Roylynn. But Roylynn ain't exactly all there, if you know what I mean, not even able to take care of herself. So that about leaves only me."

"Were you close to her?"

"Yes, sir. You know, my sister wasn't so disciplined, not really hard enough to get along in this world, so when her husband, he died in that lumber accident, she needed some help with them girls. I was living my life, minding my own business, but I saw that she and the girls needed me, and so I moved on in and supported them girls as best I could until they was old enough to take care of themselves."

"That was quite a thing, Mr. Cutlip."

"I couldn't let them pretty little girls just drift away like that. The way I saw it, I never had no choice. I only done what I had to do. Anyone with half a heart would have done the same."

"Did you stay close to Hailey through the years?"

"Yes, sir."

"Were you aware that she was engaged to Guy Forrest?"

"Yes, I was. She told me all about him."

"So you knew he was married."

"Yes, with them kids, too. I told her it was a mistake to get involved with the likes of him. He didn't seem the most stable, from what she told me, and from what he done to his wife and kids, not the most loyal neither. And then when she told me they was fighting over money, I got scared for her. I told her to get away from him, to get out before it was too late. There's no telling what a man like that could do. I told her, I did, but when it came to boys, she never did listen to me. She never listened to n.o.body."

Through the whole of this little speech Judge Tifaro was staring at me, giving me that look of hers, the stare that made you want to check your law license just to prove to yourself you didn't pick it up along with a screwdriver and a fifty-foot garden hose at Sears. She was wondering why I wasn't objecting from the first word, why I had done what I had done to let this man on the stand in the first place.

"No objection, Mr. Carl?" she said finally.

"No, Your Honor, but thank you for your concern."

She stared, I shrugged, Jefferson continued.

"And then what happened?"

"What the h.e.l.l do you think happened? She ended up dead."

"I'd like to show you now a folder of photographs taken of the crime scene, People's Exhibit Six, already entered into evidence, and ask you to look at it, please. I want to warn you, Mr. Cutlip, the pictures are terribly disturbing."

Cutlip leaned forward in his chair as Jefferson brought him the folder. He opened the folder on the shelf in front of him and went through the photographs carefully, one by one by one. By the third his face was scrunched up as if against the cold and his upper lip was quivering. By the fifth he was in tears. By the ninth he was unable to look at them any longer and closed the folder. Only his soft sobs and wheezes could be heard in the courtroom.

"Mr. Cutlip..."

Cutlip wiped his eyes with the back of his big, slack-skinned hand.

"Mr. Cutlip. I have to ask you a question now. The pictures show a woman lying dead on a mattress. Do you recognize that woman?"

Cutlip gasped at the air and then said,"Yes."

"Who is it, Mr. Cutlip?"

"It is my niece. Hailey Prouix."

"Are you sure, Mr. Cutlip?"

"I knowed her all her life. I couldn't be surer about nothing in this world."

"I need to show you another set of photographs. People's Exhibit nineteen, photographs from the autopsy. If you could just look at the first two, please."

Cutlip nodded, the good soldier, and took the folder. He shuddered at the first photograph, winced at the second, closed the folder like it was a curse.

"Same," said Cutlip. "It's the same. It's Hailey."

"Hailey Prouix."

"Yes, sir."

"Do you miss her?"

"Mr. Carl," said Judge Tifaro, "are you awake?"

"Yes, ma'am, I am."

"Any objection to that question?"