Beverly Connor - Dust to Dust

“It’s kind of you to speak with us,” said Diane.

“Yes,” agreed Kingsley. “What we are trying to do is retrace Stacy’s steps before she was killed.”

Kathy Nicholson said nothing, offering no information. They were going to have to ask for everything.

“Will you tell us what you spoke with her about?” asked Kingsley.

She was silent a moment. Then she looked resigned.

“She wanted to know about my testimony. She started by telling me that she knew her brother, and that he was kind.” She rolled her eyes and looked past them at the house across the street. “I simply told her what I saw.”

“Was she upset?” asked Diane.

“Of course. But I don’t know what she expected. That now I’ve had nine years to think about it, I made a mistake? Well, I didn’t.”

“Tell us what you saw,” said Diane.

“I thought you were here about Stacy. I’ve told you, I’m not going to help you get that monster out of jail,” she said.

“I’m asking questions that I know Stacy probably asked you,” said Diane. “We would like to know her frame of mind. We would like to see if there was anything she heard that might have sent her in some direction that we could follow. This is not about Ryan Dance. It’s about Stacy. We are trying to get into her head-a big part of what was in her head was her brother.”

“We have spent nine years in this community trying to get over it,” she said.

“You never get over something like this,” said Diane. “You can only try to deal with it in some way that doesn’t drive you crazy. I would like to think that for you that would mean helping us bring a little peace to another grieving father.”

Kathy Nicholson nodded. “I had no quarrel with Stacy Dance. She was a young kid at the time of the trial. I remember her outside the courtroom. Her father wouldn’t let her come in and she would wait out in the hallway with a relative. I could see she wanted to put her family back together. There was nothing I could do about that. The day I saw him-the day El went missing-he was driving an old gold Chevrolet. It was a large gaudy thing with rust spots all over it. It wasn’t a car that we see here. Arlo Murphy’s father down the street had a rusty old Ford fishing truck, but that’s all he used it for-to go fishing. This car drove past El’s house going too slow, like someone looking for an address.”

“Where were you?” asked Kingsley, turning to look out the window.

“I know what you’re thinking. It’s too great a distance from here to the road. Well, I wasn’t in the house looking out the window. I was in my garden. It’s not there now. I quit gardening when my husband died. My garden was close to the road. I saw him clearly. His window was rolled down. His arm was resting on the door, half out the open window. I saw the snake tattoo he had on his forearm. I wrote down the license plate number. I was president of Neighborhood Watch then and I wrote down suspicious tags. Are you going to tell me that it wasn’t his plate number?”

“No,” said Kingsley. “We’re just trying to get at what you told Stacy you saw. Surely she asked you questions, like was he looking at Ellie Rose Carruthers’ house when he drove past?”

She was silent for several moments, her mouth set in a frown, her hands clutching the arms of the chair.

“I told her I saw him,” she said.

“Did he turn his head in your direction?” Kingsley pushed her. His voice was calm, but he was pushing. Diane thought Stacy probably had pushed too. If the person was looking at the Carruthers’ house, his face wasn’t turned toward Mrs. Nicholson in her garden.

“Which way was he going?” said Diane.

“What do you mean?” Mrs. Nicholson asked.

“Which direction was he driving when you saw him?” she said.

“I was standing in my garden. Looking across the street at him. He was going north-to my left.” She gestured with her arm.

“This street isn’t a dead end, is it?” asked Diane.

“No,” she said.

“Did he come back and look again?” asked Diane.

“I didn’t see him if he did,” she said.

“How long were you in your garden?” Diane asked.

“From nine in the morning until eleven. That’s when I worked in my garden,” she said. “And my eyes are good. I have reading glasses now, but my eyes were twenty-twenty then.”

Diane had read Kathy Nicholson’s statement to the police, as well as her court testimony. It was in the file Kingsley had. Diane was willing to bet it was in Stacy’s file too, the one that was missing. In Nicholson’s first statement she emphasized the car, the plates, the Atlanta Braves cap, and the tattoo. Not the face. In court she said she recognized him. She pointed to him sitting beside his counsel. But the trial was held after Ryan Dance’s face had been all over the news. The documents didn’t say anything about a lineup.

Diane was willing to bet the first information Nicholson gave was the truth. Truths are often put forth first by witnesses because they are what is actually in the memory. Only afterward, when the pressure is on-from family, victims, police, prosecutors-do witnesses start saying things that are not exactly the truth, but could be. After all, it was so clear-the car, the hat, the tag, the tattoo. It was easy for Kathy Nicholson to say she saw the face and believe she had seen it, after she had been questioned by so many people who wanted her to be a good witness. She lived across the street from a grieving family who wanted the man put in jail. Pretty intense pressure.

“Was there a lineup?” asked Diane.

“You sound like you are trying to prove that monster was innocent,” she said.

“Didn’t Stacy ask you these questions?” said Diane.

“She asked me some of them. She didn’t hammer at me the way you two are doing.” She glared at them. “I told her I picked him out of a collection of photographs the police showed me,” she said. “And I did.”

“In the photo array, which one was it?” asked Diane.

“I don’t remember,” she said. “It was nine years ago.”

“Yes, nine years ago at one of the worst times in your life and the lives of everyone around you. Was it the first one or the last?” said Diane.

“The first one, I think,” she said. “I think you’d better go now. This has not been pleasant.”

“I know,” said Diane. “And you have been far more cooperative than we had a right to expect. I thank you.”

Kathy Nicholson straightened up a little, then stood up. “I’m sorry for Stacy and her father.” She paused. “Do you think her murder had something to do with her brother?” she asked.

“We don’t know,” said Kingsley. “That’s one theory, but we have to wait for all the evidence.”

“How could it? I saw what I saw. I wasn’t mistaken,” she said. “It wasn’t someone else.”

“We don’t know why she was killed. It may have had nothing to do with what happened here nine years ago,” said Kingsley. “It may be just a big coincidence.”

She showed them out the door, and Diane and Kingsley walked to his car and got in. He started it up and drove out of Kathy Nicholson’s drive and onto the street and stopped.

“Chilly,” said Kingsley. “I’m glad we didn’t have to do this outside.”

“Me too,” said Diane, looking out the window at the Carruthers’ house.

“I would have helped ask questions,” said Kingsley, grinning, “but it looked like you were on to something. Did you notice something?”

“Two or three things jumped out,” Diane said. “If he was looking at Ellie Carruthers’ house, why would he drive only in this direction?” Diane pointed in the direction Kingsley’s car was headed. “He would have to look out the passenger window to see the house. Much easier to look out the window on the driver’s side. So why didn’t he case the house coming from the other direction? He could have seen more.”