Mark Gimenez - Accused

"So when you testified that you had no money, did you literally mean no money at all? As in zero? Not a single dollar?"

"Yes."

"You have no money in a bank account, a shoe box, under your bed, or buried on the beach like Jean Lafitte's treasure? No money anywhere?"

"No."

Scott felt sick. It was like watching a speeding freight train bearing down a compact car trying to cross the tracks too late and not being able to stop it.

"Ms. Fenney, you were aware of Trey's affairs with other women?"

"No, I was not."

"You knew he was going to leave you for Billie Jean Puckett?"

"No. He proposed to me that night."

A little anger had seeped out.

"Where were you on the day of June the fourth?"

"In Houston. At the Galleria."

"At what time?"

"I left the house at about ten and returned about six."

"You were in Houston the entire day?"

"Yes."

"Then you and Mr. Rawlins went to Gaido's for dinner?"

"Yes."

"At what time?"

"Seven."

"And what time did you return to the house?"

"Ten."

"What time did you go to bed?"

"About eleven."

"And you woke at three-forty-five A.M. and found Mr. Rawlins dead?"

"Yes."

"But you heard nothing?"

"No."

"Ms. Fenney, did anyone else know that Trey proposed to you?"

"Ricardo, our waiter."

"Because you told him?"

"Yes."

"Did Trey tell anyone?"

"Not that I know of."

"So it's just your word that he proposed to you?"

"Why would I lie?"

"Maybe because you killed him."

"I didn't."

The Assistant D.A. picked up the murder weapon.

"Then why are your fingerprints on the murder weapon?"

"It's a kitchen knife. I must've used it."

"When?"

"Sometime. I don't know when. Maybe a year ago, like that state lab guy said."

"Mr. Haynes said you could have put your prints on this knife a year before, didn't he?"

"Yes, he did."

"Except there's two problems with that scenario, aren't there?"

"What problems?"

"First, after you used this knife to cut something, perhaps a steak, what did you do with it?"

"I don't understand."

"Well, did you cut a steak and then put the knife right back in the drawer?"

"No, I put it in the sink or the dishwasher."

"For Rosie Gonzales to clean, correct?"

"Yes."

"So your prints from a year before wouldn't still be on this knife, would they? They would have been washed off, wouldn't they?"

"I… I don't know."

"That's all right, the jury knows. And second, Mr. Haynes didn't know that Rosie Gonzales had cleaned the dishes that very day, did he?"

"I don't know."

"Ms. Fenney, you heard Rosie Gonzales's testimony, didn't you?"

"Yes."

"You heard her testify that when she left at noon on June the fourth the entire knife set was clean and in the kitchen drawer, didn't you?"

"Yes."

"Which means, Ms. Fenney, you did not put your fingerprints on this knife a year before or a month before or a week before-you put your fingerprints on this knife the same day Trey Rawlins was murdered with this knife, isn't that correct?"

"I don't know."

"Sometime after Rosie Gonzales left at noon and before this knife was removed from Trey Rawlins' body, isn't that correct?"

"I don't know."

"But you were gone all day, correct?"

"Yes."

"You didn't return until six P.M.?"

"Yes."

"So you had to put your prints on this knife between six P.M. and three-fifty-seven A.M. when Officers Crandall and Guerrero entered your house and found this knife stuck in Mr. Rawlins' chest, isn't that correct?"

"I don't know… I guess…"

"You guess? Ms. Fenney, did you use this knife that night?"

"I… maybe… I must have."

"And what did you use this knife for?"

"I don't know. I swear."

"Oh, don't swear, Ms. Fenney. Just tell the truth."

"I'm trying."

"Telling the truth shouldn't be difficult."

Scott stood. "Objection. Badgering the witness."

The judge stared at Scott. She had apparently realized overnight that he had actually saved her judicial career. She exhaled and ruled on his objection.

"Sustained."

"Ms. Fenney, you returned to the house at six P.M. You and Mr. Rawlins then went out to eat at seven P.M., correct?"

"Yes."

"So you didn't use this knife to cut a steak that night, did you?"

"No."

"Did you use this knife for any purpose between six P.M. and seven P.M. that night?"

"No. I don't think so."

"Okay. You and Mr. Rawlins returned home from Gaido's about ten, correct?"

"Yes."

"And went to bed about eleven?"

"Yes."

"Did you use this knife between ten P.M. and eleven P.M. on June the fourth?"

"I don't remember."

"You don't remember?"

"No."

"You don't remember if you used this knife to cut anything that night?"

"No."

"But we know you didn't use this knife to cut anything, Ms. Fenney, because your fingerprints are not on this knife in the way you would hold it to cut something, are they?"

"I don't know."

"You held this knife to stab, didn't you, Ms. Fenney?"

"No!"

"Like this."

The Assistant D.A. held the knife with the blade down, as if to stab. He stepped close to the witness.

"What did you stab with this knife, Ms. Fenney?"

"Nothing!"

"You stabbed something, Ms. Fenney. Between the hours of ten P.M. when you and Mr. Rawlins were last seen at Gaido's and three-fifty-seven A.M. when the police arrived at your house, you used this knife to stab something, didn't you, Ms. Fenney?"

"I don't know!"

She was crying now.

"You used this knife to stab Trey Rawlins, didn't you?"

"No!"

"You murdered Trey Rawlins, didn't you?"

"No!"

She turned to the jurors sitting just a few feet from her. "He gave me everything… now I have nothing. Why would I kill him? I loved him!"

"I'm sure you did."

The Assistant D.A. turned away and gave the jury a raised eyebrow-completely unethical courtroom conduct, but also very effective. He stepped over to the evidence table and replaced the murder weapon. When he spoke again, his voice was quiet.

"Ms. Fenney, you were drunk that night, correct?"

She wiped her face. "Yes."

"And you were stoned on cocaine, correct?"

"Yes."

"So you really don't remember much from that night, do you?"

"No, I don't. But I didn't kill him."

"You used cocaine with Trey?"

"Yes."

"And on your own?"

"Yes."

"You know Benito Estrada?"

"Yes."

"You purchased cocaine from him?"

"Yes."

"When?"

"I don't remember."

"Does Saturday June thirteenth sound right?"

"I don't know."

"Well, we have you on tape visiting Benito's place of business on Market Street on that date. Did you purchase cocaine at that time?"

"Yes."

"Well, let's see, Ms. Fenney, you've testified that you have no assets except a red Corvette and some jewelry, is that correct?"

The train bore down on the car.

"Yes."

"Did you give Benito your Corvette in exchange for the cocaine?"

"No."

Closer now.

"Did you give him jewelry in exchange for the cocaine?"

"No."

"You couldn't have because in fact you didn't receive that jewelry from Mr. Rawlins' attorney until Monday June fifteenth, correct?"

"Yes."

"And you have testified that you had zero dollars, correct?"

"Yes."

"So you did not pay Benito with cash?"

"No."

"And I'm betting he didn't take a check or a credit card?"

"No."

"Well, Ms. Fenney, exactly what did you pay Benito with?"

Rebecca's eyes dropped. She stared down and said nothing, as if hoping the Assistant D.A. would go away. He didn't.