Филипп Марголин - The Perfect Alibi

Robin was watching Kellerman, and she was pleased to see the blood drain from his face.

“He’s another investigator in our office.”

“Nothing further,” Robin said.

“Do you have any more witnesses, Mr. Kellerman?” the judge asked.

“No, Your Honor.”

“Miss Lockwood?”

“I have two. I’d like Mary Goins to take the stand.”

The bailiff went into the hall and returned with Mrs. Goins.

“What is your relationship to Willis Goins?” Robin asked after the witness was sworn.

“He’s my husband.”

“How long have you been married?”

Mrs. Goins sighed and shook her head. “It seems like forever, but I guess it’s sixteen years.”

“Do you have an opinion about Mr. Goins’s ability to tell the truth?”

Mrs. Goins laughed. “He ain’t got that ability. If Willis tells you it’s high noon, you better get ten astronomers to back him up before you believe him.”

“Now, we’ve had testimony that your husband called the DA’s office and claimed that he and my client were in jail together and my client confessed to making up a story about acting in self-defense so he could win his case. Does this sound familiar?”

“It sure does,” Mrs. Goins said. “He pulls this sh… stuff all the time when he gets arrested. He finds out about a case and gets friendly with the defendant. Then he rats him out.”

“Isn’t that a good thing to do?” Robin asked. “Shouldn’t a good citizen contact the authorities if they know something that will help put a criminal behind bars?”

“Sure, if it’s true, but Willis makes this stuff up. He lies about it so he can get a deal in his case.”

“How do you know that?”

“He’s bragged to me about lying to get out of jail.”

“No further questions,” Robin said.

“Mrs. Goins, if your husband is so dishonest, why are you still married to him?”

Mrs. Goins shook her head. “I’ve asked myself that question a lot, but a divorce costs money, and, besides, Willis ain’t around that much. He’s either in jail or gone most of the time, so it’s like a divorce.”

“Mrs. Goins, do you know anything about this case, the case involving Everett Henderson?”

“No, except what I found out when I talked to Miss Lockwood.”

“So, you never talked to your husband about it?”

“No.”

“Is it fair to say that you don’t know if Mr. Goins is lying or telling the truth about his conversation with Mr. Henderson?”

Mrs. Goins started to say something. Then she stopped herself. “No. I got no idea.”

“No further questions.”

“Any more witnesses, Miss Lockwood?” the judge asked.

“One more, Your Honor. I call Jeff Hodges.”

“Mr. Hodges, are you the investigator for the firm of Barrister, Berman, and Lockwood?” Robin asked as soon as Jeff was sworn.

“Yes.”

“Did I tell you that Assistant District Attorney Rex Kellerman wanted to call a rebuttal witness named Willis Goins, who was not on his witness list?”

“Yes.”

“Did I also tell you that Mr. Kellerman told Judge Wright that he learned about Mr. Goins for the first time on Wednesday night when Rocky Stiller, one of his investigators, told him that Mr. Goins had called him earlier on Wednesday evening from the jail with information about Everett Henderson?”

“Yes.”

“What did you do after I gave you this information?”

“I went to the jail and looked at the visitors’ log.”

“What days did you look at?”

“Monday, Tuesday, and Wednesday.”

“Did you confirm Mr. Kellerman’s and Mr. Stiller’s claims that they spoke to Mr. Goins on Wednesday night?”

“Yes.”

“Did anyone else visit Mr. Goins on any of those days?”

“Yes. Terry Powell visited Mr. Goins on Tuesday afternoon at three thirty and left at four thirty. Then he returned an hour later and spoke to Mr. Goins again.”

“Who is Terry Powell?” Robin asked.

“An investigator in Mr. Kellerman’s office.”

“Did you try to contact Mr. Powell about these visits?”

“I did.”

“What was the result?”

“He refused to take my call. This morning, I went to the district attorney’s office and asked for Mr. Powell, and I was told that he was out sick. I had his cell phone number from another case, and I called it.”

“What happened?”

“The call went to voice mail.”

“No further questions.”

Judge Wright looked angry when he turned to Rex Kellerman. Kellerman’s face was bright red.

“Did you learn about Mr. Goins on Tuesday?” the judge asked the prosecutor.

“I… Well, uh, not exactly, Your Honor. Mr. Powell told me that a prisoner at the jail had some information about the case, but I was too busy to follow up. So, I didn’t know what the information was until Mr. Stiller called on Wednesday night.”

Judge Wright looked like he could barely contain his anger. “I want to be certain I understand what happened, because there may be serious consequences. On Tuesday, did Mr. Powell, an investigator for the Multnomah County District Attorney’s Office, tell you that he had spoken to Willis Goins?”

“Yes.”

“Did he also tell you that Mr. Goins told him information relevant to Mr. Henderson’s case?”

“Yes, but he didn’t say what it was. I didn’t learn the information until after I rested my case.”

Judge Wright stared at Kellerman until the DA broke eye contact. Then he turned to Robin. “Do you have anything you’d like to say, Miss Lockwood?”

Robin had plenty she wanted to say, but she restrained herself. “I think it would be interesting to talk to Mr. Powell, but it appears that Mr. Powell has made himself scarce. In any event, I believe that it doesn’t matter when Mr. Kellerman learned what Mr. Goins had to say. Terry Powell works for the Multnomah County District Attorney’s office and is an agent of the office and Mr. Kellerman. Mr. Kellerman should be charged with knowing everything Mr. Powell knew on Tuesday. Mr. Kellerman can’t put his hands over his ears and then spring a surprise witness on the defense. As soon as Mr. Kellerman learned about Mr. Goins from Mr. Powell, he had a duty to list Mr. Goins as a potential witness.

“In light of what Your Honor has learned from Mrs. Goins and Mr. Hodges, I think Your Honor should bar Willis Goins from testifying in this case.”

Rex Kellerman stared straight ahead to avoid looking at Robin when Judge Wright read the not guilty verdict. Even though losing to a bitch like Robin Lockwood was unbearable, he congratulated her with a broad smile as soon as the jury was dismissed. A mob of reporters was waiting in the corridor outside the courtroom, and Kellerman gave them clichéd answers about the American system of justice before begging off and heading for his office.

Kellerman knew that news of his defeat had reached his fellow prosecutors because people averted their eyes and no one spoke to him as he passed their desks. Kellerman walked with his head up to preserve his dignity, but as soon as he shut the door to his office, the façade disappeared and he smashed his fist into the wall.

The murder of a policeman by a member of a racist prison gang had been headline news, and Rex had counted on a highly publicized win to make him a front runner when the district attorney announced that he was not going to run again. Now the voters Kellerman hoped would make him the county’s district attorney would think of him as a loser.

Kellerman squeezed his eyes shut and dropped his head into his hands. Vanessa Cole, the chief criminal deputy, was putting a campaign team together. He imagined the satisfied smile on Cole’s face when she heard the news of his defeat.