Phillip Margolin - Sleeping Beauty

“Yes.”

“You testified that you had a lot of time to think about what had happened after your arrest?”

“Yes.”

“Do you remember what you told the detectives about what happened at the boathouse?”

“Not word for word.”

A boom box was sitting on the floor next to counsel table. Delilah picked it up. She stood.

“Your Honor, may I have permission to play the short interview that the defendant gave Detectives Birch and Marx, to refresh Mr. Maxfield’s memory?”

“Objection, Your Honor. No foundation has been laid for this,” Swoboda said, anxious to keep the tape out of evidence. He knew what was on it and had tried to warn Maxfield, but his client wouldn’t listen to him.

“I agree with Mr. Swoboda, Your Honor,” Delilah said. “May I recall Detective Birch?”

The judge told Joshua Maxfield to retake his seat at the defense table and Larry Birch went into the witness box.

“Detective Birch, you’re already under oath,” the judge said. “Miss Wallace, you may proceed.”

“Detective Birch, after the defendant was arrested in Nebraska, did he waive extradition?”

“Yes.”

“How did he get back here?”

“My partner, Tony Marx, and I flew to Nebraska, and the authorities turned over the defendant to us. Detective Marx and I then flew back with the prisoner.”

“Prior to returning to Oregon, did you interview the defendant?”

“Yes.”

“Where did the interview take place?”

“In an interview room at the jail where the defendant was being held.”

“What was the defendant’s condition?”

“He looked rested. We asked if he wanted something to eat or drink. He asked for a sandwich and soft drink and we provided them to him.”

“Did you read the defendant his Miranda rights before questioning him?”

“Yes.”

“Was the interview recorded?”

“Yes.”

Delilah stood up. She was holding a plastic evidence bag. Inside it was a cassette.

“Detective Birch, have you reviewed the interview on this tape?”

“Yes.”

“Is it the interview of the defendant that you conducted in Nebraska?”

“Yes.”

“Your Honor,” Delilah said, “I move to introduce this cassette tape of Detective Birch’s interview into evidence.”

“Mr. Swoboda?” Judge Shimazu asked.

Maxfield’s lawyer could not think of a way to keep the tape from being played. When he did not object, Judge Shimazu gave Delilah permission to play the tape. She put the cassette in the boom box and pressed the PLAY button. The jurors heard Birch introduce himself and Tony Marx and read Maxfield the Miranda rights. There was some discussion about food and drink. Then Birch asked Maxfield if he minded if their conversation was recorded.

“What does it matter what I want? You’re going to do what you want. That’s what I learned in here. I’m the prisoner. I have no rights.”

“Hey, Josh…”

“Joshua.”

“I stand corrected. You have rights. This is America. Didn’t I just read you a card listing several constitutional rights?”

“That’s just to get me to talk.”

“Well, that’s true. But you don’t have to talk to me if you don’t want to, and I won’t record this conversation unless you say it’s okay. I’m taping this for your benefit. This way, if I misrepresent what you say, you’ve got this tape to prove me wrong.”

“Okay. Keep taping.”

“You’ve had some wild days, Joshua.”

No reply.

“What made you choose Nebraska as a hideout?”

No reply.

“You’ve got to answer for the tape. We can’t hear a shrug on the tape.”

“I just drove.”

“Well, you led us on a merry chase. I’ll give you that. But I should have expected that from someone with your imagination. I’ve read your book.”

“You have?”

“Hey, not all cops are dumb. I read A Tourist in Babylon as soon as it came out. Everybody was reading that book. I thought it was great. My wife did, too. We were both disappointed that you’re in this mess.”

“I am not in a mess. I didn’t hurt those women.”

“We have a witness who says you did.”

“Ashley Spencer, right? Poor kid. She must be devastated. First, her father. Now, her mother.”

“She says that you killed her mother and assaulted Casey Van Meter.”

“I’m sure she believes what she’s told you, but it’s not true.”

“If you didn’t attack those women, who did?”

“I don’t know.”

“You see our problem? Ashley says she saw you holding a bloody knife.”

“Yes, but I didn’t kill anyone with it. I picked it up to protect myself. When I came into the boathouse the women had already been attacked. I thought that the killer might still be in the boathouse.

I saw the knife and picked it up in self-defense. What possible reason would I have to hurt Casey or Terri?”

“There are rumors that you and Ms. Van Meter were close. That you were sleeping with her.”

“She was going through a rough patch. Just married. Then she finds out her husband is a petty crook. He was beating her. She turned to me for comfort. It just happened. You know how that is.”

“We heard about your rescue at the pool. That was very brave, considering that you thought he was a mobster.”

“I guess I didn’t think about that. All I knew was that Casey was in trouble. That’s what makes this whole thing ridiculous. Why would I rescue Casey, then turn around and kill her?”

“Maybe you two had a falling out.”

“No. She stayed at my place the night before she died. We were still friends. It makes no sense that I’d kill her.”

“It does if you read your novel. I thought it was really well written, by the way.”

“What does A Tourist in Babylon have to do with what happened in the boathouse?”

“Not Tourist, your new novel.”

“My…?”

“The book you read to Terri and the rest of your writing seminar.”

“I don’t understand.”

“Look, Joshua, you’ve been pretty forthcoming so far. That’s going to go a long way with a judge. So…”

“What are you talking about?”

“I’ve read the novel, Joshua. That scene you read in the writing seminar sounds a lot like what happened in the Spencer home on the night Ashley’s father and her teenage girlfriend were murdered. The scene was so real that we think Terri went to Dean Van Meter and told her that she suspected you of killing her husband. How did you find out she’d made the connection?”

“That was made up. I’m a writer. The scenes in my books are the product of my imagination.”

“You’re a pretty clever guy, Joshua. You have Tony and me stumped. We can’t figure out how you found out that Terri and Casey were investigating you. Did Casey let it slip?”

“I didn’t know. I…”

“Yes?”

“I want an attorney. This is crazy. My God, how did this happen? How could…? Oh, no.”

“What did you want to say, Joshua?”

“I want a lawyer. I’m not saying another word.”

Delilah turned off the boom box.

“Is that the end of the tape, Detective?”

“Yes.”

“Thank you. I have no further questions for Detective Birch.”

“Mr. Swoboda?” Judge Shimazu asked.

“No.”

“Mr. Maxfield, please retake the stand,” the judge said.

“Mr. Maxfield,” Delilah said, “what happened to the man who ran away, the real killer? How come you didn’t tell Detectives Birch and Marx about him?”

“I don’t know. I was upset. I was in jail. I wasn’t thinking straight.”

“I see. Well let me ask you something else. You came in the door of the boathouse, saw the women, both of them were unconscious or dead, you picked up the knife, then saw Ashley in the window?”