- Margolin - The Last Innocent Man

“I saw the subject walk along the second-floor landing and enter the room Officer Hersch had entered.”

“What did the man look like?”

“He was tall. About six feet. Athletic build. I would say he was in his late twenties or early thirties. I didn’t see his face, but he had curly blond hair, and he was wearing tan slacks and a flowered shirt.”

“What happened after the man entered the motel room?”

“I…I crossed over to the motel lot and started up the stairs. When I was halfway up, I heard a scream. I broke down the door, and then I was struck several times. I remember crashing into the bed. I must have hit the metal leg, because I passed out.”

“Before you lost consciousness, did you get a look at your assailant?”

“I did.”

“Do you see that man in this courtroom?”

Ortiz pointed toward Stafford. This time his hatred made him strong and he did not waver. David watched his client. If the identification upset him, he did not show it.

“The man I saw in the motel room is sitting beside counsel at that table,” Ortiz said.

“Officer Ortiz, if you know, what type of car does Mr. Stafford drive?”

“Mr. Stafford drives a beige 1991 Mercedes-Benz, model 300 SEL.”

“Is this the same car that you saw at the corner of Park and Morrison and later at the Raleigh Motel?”

“Yes.”

“At a later point in time, did you have an opportunity to search the defendant’s home?”

“On September fifth we obtained a search warrant for Mr. Stafford’s home. Detective Crosby, myself, and several other policemen arrested Mr. Stafford and conducted a search for clothing.”

“What did you find?”

“A shirt identical to that worn by the person I saw at the Raleigh Motel, and tan slacks that were very similar to those worn by the killer.”

“I have no further questions,” Monica said.

“Officer Ortiz,” David asked, “you were a full city block away from the Mercedes when you first saw it, were you not?”

“Yes.”

“As I understand your testimony, Officer Hersch was supposed to lead a person back to you if she was propositioned and you would then arrest him in the lot?”

“Yes.”

“And you were watching Officer Hersch from your car?”

“Yes.”

“Was the engine on?”

“In the police car?”

“Yes.”

“No.”

“And you were surprised when Officer Hersch got into the Mercedes?”

“Yes.”

“Park is one-way going south, is it not?”

“Yes.”

“Where was Officer Hersch when she got into the Mercedes?”

“At the corner of Park and Morrison.”

“Did the Mercedes turn up Park?”

“No. It proceeded down Morrison.”

“In order to follow it, wouldn’t you have to go up Park to Taylor, then back down Tenth?”

“No, sir, I went down Park the wrong way.”

“Then turned on Morrison?”

“Yes, sir.”

“How far away from the Mercedes were you when you spotted it again?”

“Two blocks, about.”

“And did you maintain that distance?”

“Yes.”

“You were too far back to read the license plate?”

“Yes.”

“Where was the Mercedes when you reached the motel?”

“I believe it had just stopped in front of the motel office.”

“Why didn’t you get the license number then?”

“At that point I didn’t realize it would be important. Besides, I was going too fast.”

“When did you next see the Mercedes that night?”

“I didn’t. It was gone by the time I parked.”

“Let me see if I have this straight. You first saw the car from a distance of one city block, then you followed it from a distance of approximately two city blocks, and, finally, you saw it briefly as you passed by the motel lot?”

“Yes.”

“Now, you testified that the car you saw was a beige 1991 Mercedes-Benz, model 300 SEL, did you not?”

“Yes.”

“How do you know that?”

Ortiz looked perplexed.

“How do I know…?”

“The model and year and color?”

“That’s the car Mr. Stafford drives.”

“Yes. But did you know the year and model and color on the night of the murder?”

“I…The color was beige. I could see that.”

“And the year and model?”

Ortiz paused.

“No. I only knew it was a beige Mercedes on that night.”

“So it could have been an ’89 or an ’85 Mercedes?”

“I later saw Mr. Stafford’s car and it was the same one.”

“Do you know what a 1989 Mercedes looks like?”

“No.”

“Or an ’85?”

“No.”

“The only time you saw the killer’s face was just before you passed out, is that correct?”

“Yes.”

“Where were you and where was he, when you saw his face?”

“I was lying on my back on the floor looking up, and Mr. Stafford…”

“Your Honor, I move to strike that response,” David said. “He’s saying it was Mr. Stafford. That’s a conclusion a jury or judge will have to draw.”

“Oh, let him go on, Mr. Nash. I’ve been around.”

Judge Autley turned to Officer Ortiz and smiled. David didn’t like that. It was rare that anyone was graced with an Autley smile, and if the judge was bestowing one on Ortiz, that didn’t bode well.

“Just say ‘suspect,’ Officer, and Mr. Nash won’t get all bent out of shape.”

“Thank you, Your Honor,” Ortiz said. “I was lying on my back on the floor, my head was against the bed, and the suspect was standing in the doorway.”

“Could you step down to the easel and draw a picture for us?”

Ortiz turned to the judge and the judge nodded. There was an easel with drawing paper and felt-tipped colored pens propped against the wall. Ortiz pulled the easel closer to the witness stand and picked up a black pen.

“This would be the doorway,” he said, tracing a rectangle on the paper. “I was here, against the bed.” He drew a stick-figure bed and a stick-figure man. The man’s head rested against a leg of the bed with its eyes facing the door.

“The door was open. It opened inward and it was half-open, about where I’d kicked it. I guess it must have swung back a ways. He was standing at the door frame, leaning into the room.”

“How far in?”

“Not much. I think his body was at a slight angle, and his right leg and arm were outside the door, but the left leg and his left arm were inside the room a bit.”

“And where was his head?”

“Leaning down toward me. Looking at me.”

“You are certain?”

Ortiz looked directly at David. Then he looked at Larry Stafford.

“I will never forget that face.”

David made some notes, then directed Ortiz back to the stand.

“Were you seriously injured?”

“I was in Good Samaritan Hospital for a day or so.”

“What hospital?”

“Good Samaritan.”

“How long did you view the killer’s face?”

“I don’t know.”

“A long time?”

“No.”

“How long did the man stand there?”

“A few seconds. Then he bolted.”

“So you saw him for a few seconds?”

“Yes.”

“Less than a minute?”

“Maybe five, ten seconds. But I saw him.”

David consulted his notes. He looked at the judge.

“Nothing further, Your Honor.”

Judge Autley looked at Monica Powers.

“Any further witnesses?”

“No, Your Honor. The State feels that it has met the standards set out in the case law. Officer Ortiz is a trained police officer. He has identified the man he saw at the Raleigh Motel as being the defendant. His testimony is corroborated by the fact that the defendant drives a car similar to the car seen at the motel and has similar clothes.”