Bloodville (34 page)

Flossie Rice took the stand right after the morning recess. Wilcoxson led her along in repeating the story she told Spurlock and Torrez on November 19, 1967, and the story she'd repeated to Jon McArthur and Sol Gold. Wilcoxson said he‘d have more questions after the lunch recess.

―How we doing, John, from your detached point of view?‖ Pratt asked after he ordered lunch.
―Based on my experience in these matters, it beats the hell out of me, Park. Seems like there's a lot of hokey-pokey going on in there. I got what you're doing with bringing up Bunting, but I'm not sure I get the point about the gun.‖
―If you don't, my friend, you have not read Flossie's statement as thoroughly as perhaps you should for the princely sum of five dollars per hour. But don't worry about it. I have a more important chore for you.‖
Large, steaming, bowls of green chile stew were placed before them and a plate of flour tortillas between them. Cook speared a cube of marinated pork with his fork and quickly consumed it, and then another. He changed utensils and spooned the contents of the bowl into his mouth in short order, and wiped the bowl clean with a tortilla. He waved at the waitress for more.

―Might good stuff, Park. Mighty good. I hope you're buying. Now, what chore do you have for me?‖
―John, I've heard the expression, ‗inhale one's food,‘ but until today, I didn't think it was possible. How did you do that?‖

―Just irritates hell out of me that they bring you those little sissy bowls. I don't understand why they don't bring a man-sized serving in the first place.‖

―I'll buy lunch just to watch you do that again.‖ Pratt spooned down a couple mouthfuls of chile. ―This evening, John, after court has adjourned, I want you to go the court reporter's office and tell them you need a transcription of today's testimony just as soon as we can get it. Use your charm. If that fails, tell them we'll subpoena it, and I need it before I begin putting on my own case. Probably late tomorrow or early Thursday.‖

―While Flossie was up there testifying this morning, I had a sense of déjà vu and do you know why?‖
Cook, working on his second bowl of stew, nodded negatively. ―Because she told the story in the same words, the same sentences, the same order, she used when she first gave her statement to Spurlock. People don't do that. Even if they don't change the facts, they change the way they tell the story, change the order of events, make minor mistakes. I don't think Flossie did any of that. I want to compare her testimony to her statement. If they‘re identical, or nearly so, and I think they will be, it means she memorized what she would say about the events of November 18th. I have to wonder why she bothered. I‘m also wondering what she‘ll do if I get her off her routine during my cross examination.‖
―I see your point, Park. I'm having another bowl of chile.‖
―By all means, John. By all means.‖
―I found Pete Garza, by the by. Said he‘d be here tomorrow.‖ ―Good.‖

Back on the stand after lunch, Wilcoxson asked Flossie if she could identify the man who shot Bud Rice and Blanche Brown. She pointed directly at Billy Ray White.

Brown. Killed them. He's the one.‖
―Do you have any doubt of that?‖ Wilcoxson asked.
―No doubt whatsoever. He's the one.‖
―Thank you, Mrs. Rice. Your witness, Mr. Pratt.‖
Pratt stood slowly, buttoning his coat and smiling pleasantly at

Flossie. ―Mrs. Rice, you have just identified Mr. Billy Ray White as the man who committed two murders and then robbed your place of business at gun-point. Is that your testimony?‖

―But you previously identified another man as the one who committed these crimes. Mr. Larry Bunting. Isn't that correct?‖
―No. I only said he resembled him. That's all.‖
―When did you first see a photograph of Billy Ray White?‖
―The next day. The day after my husband was killed.‖
―Who showed it to you?‖
―That Albuquerque cop. Mr. Budweiser, Budwister. Something like that.‖
―Officer Herman Budwister?‖
―Yes.‖
―And this was earlier in the day, before you identified Mr. Bunting as the man who committed the crimes. Is that correct?‖
―I only said resembled him.‖
―Who resembled whom, Mrs. Rice?‖ Pratt took on an intenseness only Wilcoxson had seen before. ―Are you saying Billy Ray White resembled Larry Bunting, or did Bunting resemble Billy Ray? Or did they both resemble some third party who actually did the killing? Who resembled whom, Mrs. Rice?!‖
Wilcoxson jumped to his feet. ―I object, your honor. Mr. Pratt is badgering the witness.‖
―Yes he is. Objection sustained. The witness answered your question, Mr. Pratt, now move along.‖
―Yes sir. When was the first time you saw Mr. Bunting?‖
―That Sunday night. Kind of late.‖
―And what were the circumstances of that meeting?‖
―Charlie Scarberry brought him to the trading post for me to look at.‖
―The reference is to Charles Scarberry, deputy chief of the New Mexico State Police Department?‖
―Yes.‖
―And you told him Mr. Bunting resembled the killer and then Mr. Bunting was arrested and charged with the crimes. Is that right?‖
―Objection, your honor. This witness would have no first-hand knowledge of how Mr. Bunting was processed through the criminal justice system.‖
―Sustained. Mr. Pratt, you seem to have milked this point dry. Move on to something else.‖
―Mrs. Rice, how many times do you think you've related the events of Saturday evening, November 18th, 1967? How many times have you told the story?‖
―Oh lord, sir. I don't know. A lot of times.‖
―How many? Five? Ten? Fifteen? More?‖
―I guess ten times, or twelve maybe.‖
―You told it five or six times to the psychiatrist, Dr. McArthur, and the hypnotist, Mr. Gold, didn't you?‖
―I guess I did.‖
―Do you think the way you describe the events of that night has changed as you've gone along, over the months?‖
―I don't think so. I've got a pretty good memory and I just told everyone what I remember, and I think I remember it all.‖
―Why do you suppose the authorities wanted you go undergo psychiatric and hypnotic therapy?‖
―Objection. He's asking her to say what was in someone else's mind. She couldn't know the answer.‖
―Sustained. Rephrase the question, Mr. Pratt.‖
―Yes sir. Mrs. Rice, who first suggested that you undergo hypnosis?‖
―Mr. Spurlock. Officer Spurlock.‖
―And what did he tell you about it?‖
―He just said it was part of the investigation. I said I'd do whatever I could to help. He took me to see Dr. McArthur and Sol Gold.‖
―And what did Dr. McArthur or Mr. Gold tell you about why you were being hypnotized?‖
―They said it was to help me remember better what happened.‖
―So there was some question about how good your memory of the events of November 18th really was. Is that correct?‖
―I don't know nothing about that. I don't think anything changed about what I remembered from that night.‖
―Do you remember being under hypnosis?‖
―Objection. Mr. Pratt knows that subjects don't remember being under hypnosis.‖
―Sustained.‖
―Mrs. Rice, do you think you were ever under hypnosis?‖
―To tell the lord's truth, I don't know. But if I was, it didn't change nothing so far as my memory goes.‖
―Thank you Mrs. Rice. I just have a couple more questions for you. Was there a large money jar, a glass bottle of some kind, taken in the robbery?‖
―No. We never kept anything like that around. Bud was too good with money to leave it gather dust in some jug.‖
―What did the robber do with the money he took from you?‖
―He put it into a bank money bag. Grants National Bank.‖
―Do you recall whether or not the gunman had blood on his person; on his hands or clothing or face, or anything like that?‖
Flossie sat quietly for several seconds.
―Mrs. Rice?‖
―I was just thinking about that. I don't think anyone asked me that before, and I don't remember. I don't think he did. I don't remember any blood on him. There was blood all over Bud and Miss Brown, and I got blood all over myself, but I don't remember him having no blood on him, but he could have.‖
―Just one more thing. In your several statements, you have described the gun the killer used. Do you remember that?‖
―Oh, yes. He poked me with it; just kept poking me with it. Yes. I remember.‖
Pratt picked up the gun from the prosecution table. ―Is this the gun the killer used to shoot Bud Rice and Blanche Brown, and to poke you with, to the best of your recollection?‖
―Yes. I'd say that was the gun.‖
―And yet, in your several statements, you described the gun this way.‖ Parker put the gun down and picked up a police report. ―‗It didn't look very big but the barrel was real long and skinny and it looked like it had a ring around it, on the end of it. There seemed to be a ring above the handle, too. The handle was long and narrow. The gun was black.‘ You said you'd never seen a gun like it.‖ The lawyer picked up the gun. ―That doesn't describe this gun, does it?‖
Flossie was silent for five seconds.
―Mrs. Rice?‖
―I don't know.‖
―Can you see a long skinny barrel on this weapon?‖
Another long pause. ―I guess not.‖
―Is there a ring around the end of the barrel?‖
―No. I don't see it.‖
―Mrs. Rice, is this the gun used by the man who robbed the Budville Trading Post in November, 1967? Is this the gun he poked you with.‖
―Objection,‖ Wilcoxson said, getting to his feet. ―Asked and answered.‖
―I'm going to allow it. Answer the question, Mrs. Rice.‖
Flossie sat erect in the witness chair, her shoulders back, her hands folded in her lap. She looked at Wilcoxson, asking for help with her eyes. None arrived. She bowed her head, almost as if at prayer. ―I don't remember,‖ she said meekly.
―Thank you Mrs. Rice. That'll be all.‖
―Redirect, Mr. Wilcoxson?‖
―Yes sir. One question. Mrs. Rice, did you ever, at any time, say, with reference to Mr. Larry Bunting, that he was the man who killed Bud Rice and Blanche Brown?‖
―No sir. I didn't.‖
―And you maintain that Billy Ray White, seated in this very room, is the man who did kill Mr. Rice and Miss Brown?‖
She looked at Billy Ray. ―He did it. He killed them.‖
―Thank you.‖
―You can step down, Mrs. Rice,‖ Judge Ziram said. ―How are we doing on witnesses, Mr. Wilcoxson?‖
―The state will offer the testimony of two additional witnesses, your honor.‖
―How long will they take?‖
―I expect to finish up tomorrow. Mid afternoon at the latest.‖
―Good. We're right on schedule. You'll be ready, Mr. Pratt?‖
―Ready, willing and able your honor.‖
―Good. We'll take our afternoon recess before the state's next witness. Adjourned for fifteen minutes.‖
As usual, Wilcoxson had a cigarette in his mouth and was out the door before the judge left the bench. Elkins put handcuffs on Billy Ray and led him out the door as the jury filed into their special room. John Cook sat down in an empty chair at the defense table.
―You were right on the gun deal. I missed it. She was describing a German Luger. They have long skinny barrels and the sight is mounted on a ring at the end. You done good on that one, Park.‖
―Thank you. All praise appreciated.‖ Pratt lowered his head, and his voice, and Cook leaned close to hear what he was saying. ―John, I want you to forget about getting me a transcript of Flossie's testimony. I won't need it now. But I do want you to do something for me, and I don't care how you go about it. I want the word out that I intend to put Billy Ray on the stand to testify in his own defense. I want it known that he‘ll be the cornerstone of my case and my last witness.‖
―Will he for a fact?‖
―Of course he will. You don't think I'd want a false impression floating around the courthouse halls. I do, however, reserve the right to change my mind.‖

Wilcoxson found Spurlock in the hallway. The lawyer took the cop by the elbow led him to a corner near a stairwell. Doc went along rather than create a scene.

―Goddamnit, Spurlock, why didn't you tip me off about the gun deal? I don't have any way to rebut now.‖
―Me? You had all the reports. Why didn't you pick up on it?‖
―What the hell do you mean by that?‖

―I mean I made a note on my report that the gun we fished out o‘ the drink didn't match the gun Flossie described in her statement. It mighta helped if you hadn‘t stopped talkin‘ to me back in March.‖

―You had all my reports. If you missed it, it ain't my fault. I‘ll tell you somethin‘ else, too: I hear you blamed me for withholdin‘ the color photographs. You know damn well you‘ve had them since the day after they were developed.‖

―Your word against mine. You‘re trying to torpedo me and this case, aren‘t you?‖
―Nope. I'd happily put the noose around Billy Ray's neck and lead the horse out from underneath him. No doubt in my mind he's guilty as hell.‖
―That's what you say to my face.‖ Wilcoxson sucked furiously on his cigarette. ―Hell, Spurlock. I used to be a cop. I'm one of you.‖
―You‘re no kind o‘ lawman. You‘re nothin‘ but a gun-packin‘ jackleg. I‘ve seen botflies with more quality than you got.‖ Doc turned and walked away, back into the courtroom.

During the noon recess in the trial‘s second day, with banging and clattering like an anvil band, the ancient courthouse furnace returned to duty. The portable heaters were removed and the ceiling fans turned off. The building's heating system seemed determined to make up for lost time and operated continuously. As Dave Sipe took the stand, the temperature in the courtroom approached eighty degrees.

Sipe's hair had been neatly trimmed and he was clean shaven. He wore a white button-down oxford cloth shirt, tieless and open by three buttons. He kept his shirt cuffs rolled back over his forearms so his tattoos were clearly visible. He slouched in the witness chair, his feet extended out in front of him, as he recited his participation in the events before and after November 18, 1967. Wilcoxson led him through it as he repeated, item by item, the things he'd said when he gave his first statement to Budwister and Spurlock nearly a year before.

Sipe's mother sat among other spectators in the far corner, back row of courtroom pews. She didn‘t want Dave to see her but she was determined to see him, to hear what he‘d say to the court. She‘d raised Dave Jr. as well as she could—David Sipe, Sr., a stock-broker, died less than a year after the boy was born and left her a boodle of money—but her patience had worn thin. Young Dave wouldn‘t work at a steady job, wouldn‘t move out and get a life of his own. He always seemed to be in trouble with the law, and she despised the tattoos on his body; a body she considered a part of her own. Dave didn‘t expect his mother in the courtroom and so preoccupied was he with his courtroom performance, and Billy Ray White's hard stare, he never noticed her. Her identity was also obscured by dark glasses and the babushka and dark coat she wore made her look like a Slovakian farmwife. She was normally tastefully dressed and well coiffured.