Mark Gimenez - Accused

"And what did you do with them?"

"I had them checked for fingerprints. Which were found. I then ran the prints against the prints on the mirror. They matched. I then ran them through the FBI's fingerprint database. There was no match."

"What does that mean?"

"Means that whoever these belong to has never been arrested and fingerprinted or otherwise had their fingerprints taken by law enforcement and put into the system."

"On what occasions other than an arrest would someone have their fingerprints taken by law enforcement?"

"Oh, if you want to work with children, say in child care or as a coach, you have to have a criminal background check. If you want to be a cop or work for the Feds, you've got to."

"Really? Most federal employees are fingerprinted?"

"The important positions."

"Such as?"

"FBI, DEA, border patrol agents… White House personnel… persons nominated for federal judgeships, that sort of thing."

"Mr. Kowalski, what would happen if the person to whom the prints on those bourbon bottles belong was now fingerprinted by law enforcement?"

"Well, the prints would be put into the system and would be spit out as a match to these prints because they were involved in a murder case."

"But no one would ever know the identity of that person unless that person were to be fingerprinted at some time in the future?"

"That's correct."

Scott turned to the judge. Their gazes met for a long moment. The nameplate on the bench read "Hon. Shelby Morgan." He wondered if she was. Honorable. He passed the witness. The D.A. gave Scott and the judge suspicious glances, but he knew better than to ask any questions.

The judge recessed the trial for the day. She seemed flustered when she stepped off the bench. Scott walked out of the courtroom. Renee Ramirez was not in her booth. She would not return to the trial. The Trey Rawlins murder trial proved to be her ticket off the Island after all.

Scott seldom slept well during a trial. That night was no exception. But there was a good reason for his restlessness that night: Rebecca would testify the next day.

He drifted off to sleep around one, but woke just before four. He thought he had heard a noise. He got up and checked on the girls then went downstairs. The sliding glass door leading out to the back deck was open. Rebecca was standing at the far railing, staring out to sea. Scott went to her.

"I couldn't sleep," she said.

She was wearing a short white nightgown tight against her body in the breeze and holding onto the railing as if afraid she might be blown off the deck.

"I had a nightmare-I was in prison." She hesitated. "Scott, if the jury acquits me, can the D.A. charge me with murder again?"

"No. It's called double jeopardy. Means the government can't try you twice for the same crime. But they can charge you with perjury if you testify and lie under oath."

"Will I?"

"Lie?"

"Testify."

"Only if you don't want to go to prison. Your prints on the knife, that alone is enough to get the case to the jury. They want to hear you explain why your prints are on the murder weapon, they want to hear you say, 'I didn't kill Trey. I loved him.' "

"I did. Love him."

She stared down at the waves, almost as if mesmerized. The moon offered the only light. All the color was washed out by the night. The world was painted only in shades of gray.

"I've lived my life in shades of gray," she said.

Experienced criminal defense lawyers will tell you that the last person they want testifying is the defendant because if the defendant is caught in a lie-any lie, no matter how small or how irrelevant to her guilt or innocence it might be-the jury will never believe another word she says. This was a lesson A. Scott Fenney would learn that day, the fifth day of trial in The State of Texas vs. Rebecca Fenney.

"The defense calls Rebecca Fenney."

She wore low heels and a simple green dress. She looked more like a suburban housewife than the hottest WAG on tour. But she could not hide her beauty.

"Ms. Fenney, did you kill Trey Rawlins?"

"No."

"Did you love him?"

"Yes. Very much."

"The night he was killed, did he take you out to dinner at Gaido's?"

"Yes."

"Did he ask you to marry him?"

"Yes."

"Did you accept his proposal?"

"Yes."

"Did you and he have sex on the beach that night?"

"Yes."

"Did you go to bed together?"

"Yes."

"What do you next remember?"

"I woke up at three-forty-five in the morning and found him dead. I called nine-one-one. The police came."

"Did you know Trey was having an affair with Billie Jean Puckett?"

"No."

"Did Trey ever say he was leaving you for her or any other woman?"

"No."

"He gave you money and jewelry?"

"Yes."

"Before Trey's death, you lived in a beach house here in Galveston, an oceanfront condo in Malibu, and a ski lodge in Beaver Creek, you drove a Corvette, you stayed in five-star hotels, traveled first class, enjoyed spas…?"

"Yes."

"Now you have nothing except the Corvette?"

"And the jewelry."

"You have no money, no assets, no home, no life insurance?"

"No."

"You had no motive to kill Trey Rawlins?"

"No."

"And you did not kill him?"

"No, I did not."

During a short recess, Scott noticed the D.A. and his assistant having an animated discussion in the corner of the courtroom. The D.A.'s head was down, and his assistant was pleading. The D.A. finally nodded. When he returned to his table, his eyes met Scott's but not for long. And Scott knew. It was the sex tapes: the Assistant D.A. wanted to introduce the sex tapes, and he had won the argument.

The judge gaveled the courtroom to order, and the Assistant D.A. stood to cross-examine the defendant charged with stabbing a star athlete to death. This was his big TV moment, and he wanted to make the best of it. Rebecca had been calm and collected during the direct examination because Scott had rehearsed it with her a dozen times. But there was no effective rehearsal for cross-examination by a sneaky prosecuting son of a bitch, and the Assistant D.A. was just such a prosecutor. Rebecca Fenney was nervous, but not as nervous as her lawyer.

"Ms. Fenney, let's talk about the jewelry Trey Rawlins gave you."

The Assistant D.A. glanced at Scott and winked. And Scott knew that neither the D.A. nor his assistant had missed it. That was what they had argued about-not the sex tapes. They were going to show that Rebecca had lied-that she had paid Benito cash for the cocaine-that she had the $3 million the mob had paid Trey.

"Ms. Fenney, during the course of your relationship with Mr. Rawlins, did he give you gifts of jewelry and a Corvette?"

"Yes."

"And cash that you used to buy more jewelry?"

"And clothes."

"And was that Corvette in the garage of the house you shared with Mr. Rawlins on the night of his death?"

"Yes."

"Was the jewelry in the house that night?"

"Yes."

"Subsequent to Mr. Rawlins' death, his attorney surrendered possession of the Corvette to you?"

"Yes."

"And all the jewelry Mr. Rawlins had given you or that you had purchased with cash he had given you over the course of your relationship?"

"Yes."

"When?"

"When what?"

"When did Mr. Rawlins' attorney deliver possession of those items to you?"

"Well, I…"

"Does Friday June twelfth sound right for the Corvette?"

"Yes, I think that's right."

"And Monday June fifteenth for the jewelry? Right here in this courtroom before your arraignment?"

"Yes."

"Okay. Now, have you since sold any of that jewelry?"

"No."

"Have you since sold the Corvette?"

"No."