As Time Goes By (28 page)

“What about the license plate?”

“A Jersey plate, definite on that.”

“Did you see any of the numbers or letters on the plate?”

“No, too dark. Just too dark.”

“What did you do after that?”

“I did what I went there to do. I climbed in the window and took the bracelet from the safe. I had talked to the doll while I was there washing her fancy windows. She was nice enough. Then I talked to the housekeeper. We were there a couple of days. She told us we could leave the equipment anywhere upstairs overnight because everybody slept downstairs. I couldn't believe my luck. When I came back to hit the safe, I knew I wouldn't be tripping over nobody upstairs.”

Maynard knew that it would be a gamble to call Tony as a witness, but it was a gamble that could pay off big-time. He also knew that without taking this risk, Betsy was almost sure to be convicted.

“Mr. Sharkey, I will strongly advise my client to agree that you should be called. I am virtually certain that she will take my advice. I am now going to leave and call her. I will also call the prosecutor. We agreed that if you were going to testify, we would notify the judge immediately and arrange to have you brought to court this afternoon so that he can question you on the record. You are doing all of this without a lawyer and I know he will want to see you first.”

“Sure thing,” Tony replied. “I read in the paper the judge was Roth. I'll say hello to him again. He's the one who did my last sentence when I got four years.”

“See you later, Tony,” Maynard replied as he signaled to the officers standing outside that he was ready to leave.

His first call was to Betsy. “Get down here at twelve thirty. Meet me in the parking lot and we can talk in my car before we walk in together. I am calling the prosecutor, then the judge.” He paused. “Betsy, try not to get your hopes up too much. My gut tells me that he is telling the truth. But he's a low-life, no doubt about that. It's hard to predict how the jury will react to him.”

“All right, Robert. I'll take a chance. Maybe this is my only chance. Don't you agree?”

“I do. One more thing, Betsy, do you know anyone who owns a new or recent black Mercedes with a New Jersey license plate?”

Betsy paused, then answered. “Yes. I do. For openers, both Kent Adams and Scott Clifton have black Mercedes. But it would be absurd to think that either one of them could ever hurt Ted. And of course, a lot of people in this area have black Mercedes.”

Maynard listened, trying not to get too optimistic. “See you in a little while, Betsy.”

A
t one o'clock Elliot Holmes and Robert Maynard were huddled in chambers with Judge Roth. Betsy Grant was seated on a bench outside the courtroom with Maynard's associate. She was wearing a scarf which covered much of her face. The trial was in recess today and she had been able to walk into the courthouse with Robert Maynard virtually unnoticed. But her anonymity was about to be lost.

Tony Sharkey sat in the holding cell adjacent to Judge Roth's courtroom. Chatting with the sheriff's officers, and within hearing distance of other inmates and their attorneys, he boasted that he was here to tell the judge that he was going to “blow the Betsy Grant trial wide open.”

Word began to spread throughout the courthouse and to the pressroom that something big was going to happen in court in just a few minutes.

At precisely one thirty, the doors to the courtroom were unlocked. Betsy Grant, now surrounded by a small crowd that included the court newspaper reporter, walked slowly into the courtroom, ignoring questions that were being shouted at her as to why she was there. The prosecutor and the defense counsel were already seated at their tables. Betsy sat down next to Robert Maynard and folded her hands on the table. Maynard gently patted her shoulder, then looked through his notes as they awaited the judge.

Two minutes later Judge Roth took his place on the bench. The gravity in the tone of his voice was evident. “In the matter of
State v. Betsy Grant
, I note that the attorneys are here and the defendant is here.

“Counsel, I will first briefly note that this trial was in recess today. The defense rested yesterday and summations were scheduled to begin tomorrow morning at 9
A.M.

“I will now memorialize on the record the developments of the last few hours. I was contacted at 11:45
A.M.
today by both counsel and spoke to them via conference call. I was informed that at approximately 1
A.M.
today, an individual named Tony Sharkey was arrested by the Saddle River police during an alleged attempted burglary of a home. I was told that Mr. Sharkey was initially interviewed by the police, and within several hours thereafter by Prosecutor Holmes, and thereafter by Mr. Maynard. He is currently an inmate at the Bergen County Jail.

“After speaking with both counsel, I scheduled this emergent session in court, so that I may address the issues that have arisen. Mr. Maynard, I will hear you, sir.”

“Thank you, Your Honor. Judge, there have been extraordinary developments over the last few hours wherein evidence has been uncovered that is critical to my client's defense. We beseech Your Honor to allow the defense to reopen its case and to call Mr. Sharkey, and also to recall both Carmen Sanchez and Betsy Grant. Please allow me to give the court a brief proffer of the testimony they would offer in support of my motion.”

“Please do that,” Judge Roth replied.

“Mr. Sharkey will testify that he was in the home of Dr. Edward Grant and Betsy Grant on the night of the murder. He will admit that he was there as a burglar. He will testify as to how he was able to bypass the alarm, which he had tampered with when he was at the home working for a window-washer company in the two days prior.

“After his arrest in Saddle River, he consented, indeed strongly requested, that the police go to his apartment in Moonachie to recover the diamond bracelet that he took from the Grant home on the night that the doctor died. He will testify that as he approached the home, prior to his entry, he saw a black Mercedes leaving from the immediate area outside the home. He estimates the time to have been approximately 2
A.M.

“I further proffer that Carmen Sanchez, upon being informed today of these new developments, told me for the first time and told Betsy Grant for the first time that she saw dirt on the rug of the upstairs bedroom the morning that Dr. Grant was found dead. The dirt was located beneath the very window that Tony Sharkey will testify that he climbed through. Finally, Betsy Grant will explain that she never reported that bracelet stolen because she seldom wore it and only realized it was missing a couple of months after the doctor's death. Both she and Carmen Sanchez will testify that they searched for it and finally concluded that the doctor, afflicted with Alzheimer's disease, had probably thrown it out.

“Your Honor, Tony Sharkey has been given his Miranda warnings several times since his arrest in Saddle River. He insists that he does not want to have a lawyer appointed for him. Of course we understand that the court would wish to voir dire him before he testifies.”

Judge Roth turned toward the prosecutor. “Mr. Holmes?”

“Your Honor, I personally interviewed Mr. Sharkey. He demanded that I promise him probation in exchange for his testimony, testimony that we believe to be, for the most part, categorically false. I recognize that given the enormous consequences of a murder conviction, Your Honor is virtually compelled to allow this testimony. Again, we strongly take the position that Mr. Sharkey is a liar, and I look forward to cross-examination. As to Carmen Sanchez and Betsy Grant, I also look forward to further cross-examination of them.”

Judge Roth turned to the sheriff's officer standing by the holding cell door. “Bring out Mr. Sharkey.”

The spectators in the courtroom murmured as Tony was led out in handcuffs and seated at the defense table. “Quiet in the courtroom,” the judge said sternly.

The judge then addressed Sharkey. “Mr. Sharkey, please stand up.”

“Sure thing, Judge. You remember me? How have you been?”

“Mr. Sharkey, how old are you?”

“Thirty-seven. I'll be thirty-eight next Tuesday.”

“How far did you go in school?”

“I dropped out in tenth grade.” Tony chuckled. “I never did the homework.”

“Mr. Sharkey, it is my understanding that you wish to testify as a witness for the defense in this matter, is that correct?”

“I sure do, Judge. I know that this pretty lady didn't kill her husband.”

“Mr. Sharkey, do you understand that you do not have to testify? You have a fifth amendment privilege against self-incrimination. Neither side could call you as a witness unless you consented. Do you understand that?”

“Yeah, Judge. I've heard those Miranda warnings more than a few times over the years.”

“Do you understand that if you wanted, I would immediately have a public defender appointed for you so that you could discuss with him or her whether you should decide to testify or not in this trial?”

“I don't want no lawyer, Judge. I think I make out better on my own.”

“Sir, do you realize that you have a charge for attempted burglary in Saddle River and you may be charged with burglary or possession of stolen property with regard to a bracelet allegedly taken from the Grant home in Alpine? Do you understand that your testimony here could be used against you in those cases and you could get up to five years on each of those charges, for a total of ten years in prison?”

Tony swallowed hard. “I do.”

“Finally, do you understand that the prosecutor here is making no promises to you? Indeed he intends to fully prosecute you on all charges brought. Do you understand that?”

Elliot Holmes glared as Tony responded. “Yeah, but I think he will change his mind.”

“But if he doesn't change his mind, and it certainly appears that he has no intention of doing so, do you understand that you would be facing that kind of time in prison?”

“Yes, Judge. I know I'm rolling the dice.”

Judge Roth paused, then spoke. “I am satisfied that Mr. Sharkey is deciding to testify freely and voluntarily and with full knowledge of his rights. He is thirty-seven years old, attended high school but did not graduate and has been involved in the criminal justice system for many years. I reference his prior record for the purpose of emphasizing that he understands these proceedings and understands his constitutional rights.

“He has been told repeatedly that a lawyer would immediately be appointed for him. He does not want a lawyer. He is entitled to waive a lawyer. My function is to ensure that whatever decision he makes is voluntary and informed. I am so satisfied. He may testify.”

Robert Maynard stood up again. “Thank you, Your Honor. Judge, I beg one more indulgence from the court. I am now, on very short notice, in the position of having to call Mr. Sharkey and recall Mrs. Grant and Ms. Sanchez. I know we were supposed to resume tomorrow morning. I fervently request that you allow us an additional day to prepare and resume on Thursday, the day after tomorrow.”

Elliot Holmes, exasperated, started to object but then, resigned, said, “Your Honor, I am ready to resume tomorrow, but I defer to the court.”

The judge replied. “I never want to delay a jury, but these circumstances are virtually unprecedented. My chambers will contact each juror and inform them that there is an additional one-day delay and we will resume this trial the day after tomorrow at 9
A.M.
I note, of course, that the jurors would not be given any further information. They have been repeatedly instructed not to read newspapers or listen to media accounts of this trial. I have no doubt that there will be widespread coverage of today's court proceeding. That is all, counsel.”

D
r. Scott Clifton arrived at the Fort Lee office which he had once shared with Ted Grant and Kent Adams. Since then he had been a sole practitioner, and the waiting room was empty.