Bloodville (35 page)

Toward the end of his examination, Wilcoxson orchestrated the following: ―Mr. Sipe, did the defendant in this case, Mr. Stirling or White, did he ever, within your hearing, admit to the killings of Bud Rice and Blanche Brown?‖

―What he said was, the morning afterwards, he said, ‗I had to wipe out a coupla people last night.‘‖
―And you took that to mean he killed the two people in question?‖
―Yeah.‖

―Now then, Mr. Sipe,‖ Wilcoxson asked, ―is the man who made this admission to you here in the courtroom today?‖
―Yes he is.‖
―Point him out to the court.‖

Sipe pointed to the defense table, to Billy Ray. Billy Ray, for his part, made constant eye contact with Sipe. The expression on his face revealed nothing. Sipe turned his eyes away, looking at the judge as if for approval. The judge's expression likewise revealed nothing.

―You're certain of your identification?‖
―Yeah. That's Billy Ray.‖
―I have no further questions of the witness, your honor.‖ ―Mr. Pratt?‖
―Yes sir. A few questions.‖
―How long do you anticipate?‖
―No more than an hour, your honor.‖
―Cross examination can wait until morning. When they fix a furnace in Valencia County, they do it up right. It must be a hundred degrees in here. We'll adjourn until eight-thirty. I'll visit with Mr. Jaramillo and see if we can find a happy medium between igloo and sauna before then.‖

CHAPTER III

The cold spell relented a little but on Wednesday morning the courtroom was cold again and the electric heaters had returned. The furnace worked fine, Jaramillo told Judge Ziram, but the thermostat only functioned at two speeds: full-blast or off entirely. The janitor decided to turn it off and replace it. Repairs expected by noon.

Sipe returned to the stand and Pratt began his cross-examination. ―Mr. Sipe, what do you do for a living?‖
―Objection,‖ Wilcoxson said. ―Relevance?‖

―Goes to credibility, your honor. I think the jury deserves to know a little more about the witness.‖

 

―I'll overrule the objection. Witness will answer the question.‖

―I used to work for a car dealer. I was like a night watchman and I detailed cars sometimes.‖
―You don't work there any more?‖

―No.‖
―Why not?‖
―Old Drymaple got arrested and went out of business.‖ ―What'd he get arrested for?‖
―Fencing.‖
―By that you mean he purchased and sold stolen property? That

kind of fencing?‖
―Yeah.‖
―You didn't have anything to do with that end of the operation,

though, did you?‖
―I didn't get arrested, did I?‖ Sipe asked the question with a smug
smile on his face.
―I don‘t know, Mr. Sipe. When did you last get arrested?‖
―Objection. His criminal record, or lack of it, is not relevant.‖ ―Same argument, your honor. Credibility.‖
―I'm not sure that works here, Mr. Pratt. Objection sustained.‖ ―Mr. Sipe, were you arrested as a suspect in this case?‖ Wilcoxson sprang to his feet. ―Your honor, you just....‖ Judge Ziram rested his chin on his fist. ―Care to explain yourself,
Mr. Pratt?‖
―Your honor, we've already heard testimony about another subject
arrested and charged in this case in the person of Larry Bunting. I
think it is only proper that we discover just how many men have been
arrested for this crime, especially in light of the fact that only one
man, Billy Ray White, stands charged with the crime before this
court.‖
―I'll allow the question.‖
―Yeah. Last March.‖
―What were you charged with?‖
―Accessory to murder.‖
―Involving the case of Bud Rice and Blanche Brown?‖ ―Yeah.‖
―What's the status of the charges against you?‖
―They're, you know, they call it pending.‖
―Let's get to the nub of the matter, Mr. Sipe. Do you have a deal
with the District Attorney's office regarding your testimony and your
participation in the prosecution of Billy Ray White?‖
Sipe remained silent and looked toward Wilcoxson for guidance.
After a short time, Wilcoxson stood, but didn't say anything. ―Sit down, Mr. Wilcoxson,‖ Judge Ziram said. ―Witness is instructed to answer the question.‖
―Yeah. Well, ah, yeah. We do have.‖
―And what are the terms of it?‖
―My lawyer said that if I testified truthfully, then the charges
against me would be dropped.‖
―And if you lie?‖
―They‘d be filed again.‖
―I see. With that in mind—testifying truthfully—let me ask you
this, Mr. Sipe: are you a professional criminal? Isn't crime the way in
which you earn.... Let me rephrase that. Don't you live off the
proceeds of your own criminal activity?‖
Sipe looked to Wilcoxson again but the ADA lowered his eyes.
―Yeah. I'm a criminal.‖
―And weren‘t you charged with armed robbery and attempted
murder in the town of Estancia within the past two years?‖ ―Yeah, but I was....‖
―Object your honor. Mr. Pratt did an end run on my previous objection and your sustainment of it.‖
―Mr. Pratt....‖
―I'm finished with this so-called witness, your honor.‖ ―Objection, your honor. That was a cheap shot.‖
―Yes it was. Sustained. Strike the words 'so-called' from the record.
Redirect, Mr. Wilcoxson?‖
―Yes sir. Mr. Sipe, bearing in mind your agreement with my office,
have you testified truthfully here today in every detail?‖
―Everything I said was the god's honest truth.‖
―Thank you. You may step down.‖
Mrs. David Sipe, Sr. remained in the courtroom for fifteen minutes
after her son left. She didn't want to run into him in the hallway. Then
she drove home to Albuquerque's North Valley. She took a long, hot
shower and then she sat quietly alone at her kitchen table for a long
while. She knew a change in her life, and her son's, was required. She
just wasn't sure what form it should take.

Wilcoxson spent the remainder of Wednesday morning with direct examination of Joe Peters. After he swore not to lie, the story he told was consistent with the one Dave Sipe told right down to the last date and detail. Peters bothered to dress for the occasion. He wore a green sweater over a white oxford cloth shirt and his corduroy trousers were clean. He crossed his legs and spoke directly to the jury with a considerable degree of arrogance.

At the end of his examination, Wilcoxson asked, ―Mr. Peters, did the defendant in this case admit that he killed two people?‖
―What he did, he picked up the gun off the coffee table and he patted it against his cheek, and he said, 'this is a good son-of-a-bitch. It wiped out two people without no trouble at all.‘‖

During the lunch recess, a new thermostat activated the courthouse furnace and the electric heaters were again removed. When court resumed, room temperature was a pleasant seventy degrees. Pratt conducted his cross-examination of Peters in much the same way he'd examined Sipe, and with much the same result. Peters admitted to his criminal past, his time in Leavenworth, and his deal with Wilcoxson.

―Do you use drugs or drink alcohol, Mr. Peters?‖ Pratt asked. ―A little booze sometimes. Not to excess.‖
―When's the last time you were drunk?‖
Peters appeared pensive. ―Last night, I think it was.‖
Laughter erupted around the courtroom. Judge Ziram swept a

stern stare around the room and banged his gavel just one time. Order was restored.

Pratt sat on the corner of the defense table and picked up his lined yellow pad. ―Mr. Peters, you testified a few minutes ago that Billy Ray praised the gun in question and said he killed two people with it. When did he say that?‖

―That Sunday. The day afterwards.‖

Pratt flipped through the pages of the yellow pad. ―But you earlier testified that you picked up the car you borrowed for Billy Ray early on that Sunday morning and returned it to Drymaple's car lot. In fact, you said you never saw Billy Ray again, after you dropped off the car Saturday. How could you hear him say anything on Sunday?‖

―I didn't hear him say it.‖
―Then how do you know....‖
―He said it to Joe Cato. Cato told me.‖
―That makes it hearsay. Are you aware of that?‖
―I don't know nothing about that.‖
―You, in fact, personally, never heard Mr. White say anything

about killing anyone, did you?‖
―No. Cato said....‖

―Just answer the question asked, Mr. Peters. Is this the same Joe

Cato who allegedly provided the gun.‖
―Yes.‖
―Is this the same Joe Cato who had burglary charges in Sandoval

County dismissed in exchange for making a statement implicating my client in this crime?‖

Wilcoxson got to his feet. ―Your honor, I object. This witness has no direct knowledge of Mr. Cato's participation in this case.‖ ―I'm finished, your honor,‖ Pratt said. ―No more questions.‖ ―Redirect?‖
―No, your honor,‖ the ADA said. ―The state rests.‖
―Are you ready to proceed, Mr. Pratt?‖

―Your honor, at this time I'd like to move for dismissal of the charges against my client.‖
―On what grounds?‖
―The state, your honor, has presented this jury with nothing but mistaken identity and a couple of crooks to support it. The state has failed to make a credible case against my client.‖
―Put on your case, Mr. Pratt. We'll let the jury decide who has presented what. We'll take our afternoon respite and then I'll expect your first witness. Adjourn for fifteen minutes.‖

Wilcoxson stood with Freddy Finch, smoking and talking, in the hallway outside the courtroom when the ADA spotted Pete Garza standing near the water fountain, also smoking a cigarette. The junkie, while well dressed, looked gaunt, his face drawn and gray. He turned away when he saw Wilcoxson looking at him.

―What‘s that son-of-a-bitch doin‘ here?‖ Wilcoxson asked.

―He‘s on the defense witness list,‖ Finch said. ―I wondered about it, but hell, no one‘s gonna believe anything a smack junkie like him‘s got to say about anything.‖

―You get that bastard out of here, Freddy. I don‘t want him to testify about anything.‖
―How?‖
―Shit, you used to be a narc. Remind him about his record and let him know that if he don‘t haul ass, I‘ll see to it he‘s in jail until the judgment day. You tell him to stay gone until this trial is history.‖
―Consider it a done deal, Don.‖
The temperature in the courtroom seemed to have stabilized and remained at seventy when court resumed after the Wednesday afternoon recess.
―Proceed with your case, Mr. Pratt," Judge Ziram said.
―Call Lyle Bromer, your honor.‖
―I object to this witness, your honor,‖ Wilcoxson said. ―On what grounds, might I ask?‖ The judge seemed slightly annoyed.
―The state was not afforded ample opportunity to interview the witness, per your instructions at the motions hearing.‖
―Argument, Mr. Pratt?‖
Pratt picked up his yellow pad. ―Your honor, Mr. John Cook of my office notified Mr. Wilcoxson's office last Thursday afternoon that two defense witnesses would arrive in Albuquerque from St. Louis at approximately 10:00 p.m. Friday, February 28 on TWA flight 636 from St. Louis. Mr. Wilcoxson was also advised that they‘d be staying at the Winrock Motor Hotel and that I planned to interview them on Saturday morning at ten o‘clock. Any arrangement he cared to make with the witnesses was up to him.‖
―What seems to be the problem, Mr. Wilcoxson? I'd certainly deem that adequate notice under the circumstances.‖
―Lt. Finch and I went to the motel four different times on Saturday afternoon, your honor, and the witnesses were not present in their rooms. When Agent Finch finally found them, in the bar at the motel, they were both, ah, intoxicated, and very uncooperative.‖
―Mr. Pratt complied with my order in notifying you of the witnesses arrival in town. Any interaction between them and you is your responsibility. Not Mr. Pratt's. The objection is overruled. Proceed.‖
―Mr. Bromer,‖ Pratt began, ―How are you employed?‖
―You mean, do I got a job?‖ While not articulate, Bromer made a good appearance with an earnest look about his saucer-shaped face and his combed-back hair. He sat up straight with his elbows resting on the arms of the chair and his fingers laced together across his chest.
―Yes.‖
―I work for the Hiram Flagg Chevron Service Station,‖ Bromer said proudly. ―It‘s located on Cass Avenue just off of Interstate 70 in St. Louis, Missouri. I'm in charge of the gasoline sales.‖
―Good, Mr. Bromer, good. Now. Are you acquainted with one Billy Ray White, who you might know as Eric Dedrick, or Kendrick?‖
―Eric Kendrick‘s sittin‘ right over there. How you doin‘ Eric buddy?‖ He leaned forward in his seat and waved at Billy Ray. Billy Ray saluted in return. ―Good buddy of mine.‖
―You know him from St. Louis?‖
―Yeah. From St. Louis. He used to come around Flagg's. And from East St. Louis, too. Knew him from there too.‖
―Now, were you working at Flagg's gas station a couple of weeks before Thanksgiving Day in 1967?‖
―1967?‖
―Yes. The year before last. 1967.‖
Pratt had difficulty in looking at Bromer as he spoke to him. The witness's eyes blinked rapidly and constantly except when they would close for a second or two, almost as if he was napping. Then they‘d pop open wide and stare for seconds at a time.
―Sure. I worked there almost two years now. Since I got out of the army. I'm a decorated veteran, you know.‖
―Yes, I knew that. Did you know Billy Ray—Eric Kendrick—at that time, two weeks before Thanksgiving, 1967?‖
―Yeah. Sure I knew him then. Hung around with him. Remember it well for a fact. Yeah.‖
―How is it you remember the date so well?‖
―My sister got married on that Saturday. The week before Thanksgiving. Eric called me up Tuesday while I was workin‘ at Flagg's place and said he'd just hitched into town, into Florrisant, and wanted for me to come get him. So I did. I took some time off work and we hung out. Got drunk. You know?‖
―Florrisant?‖
―Yeah. Town up on U. S. 67. North of St. Louis.‖
―Now, Mr. Bromer, would you have occasion to recall where you, and Mr. Kendrick, were on the evening of Saturday, November 18, 1967?‖
Bromer's eyes closed for three seconds and then opened wide, unblinking. ―Yeah. I remember it well. After my sister got married, we went to Dago Rosie‘s place in East St. Louis, Illinois.‖ His eyes resumed blinking.
―You're absolutely sure of that date? November 18?‖
―Yeah. I'm sure. My sister got married. She‘s divorced now, but that‘s when she got married. Then Eric left Monday or Tuesday the next week. Said he had a place to go for Thanksgiving, but I knew he didn't. Eric never had no place to go.‖
―Thank you Mr. Bromer. Cross, Mr. Wilcoxson?‖
―Mr. Bromer, what kind of place is Dago Rosie‘s?‖
―Well, you know. There‘s girls there. You can get a drink of whiskey. Companionship. Like that.‖
―A house of prostitution? Is that what it is?‖
―Ah. Yeah. I guess.‖
―And you're absolutely sure the night you spent with Mr. White at this house of ill repute was not a week earlier, or a week later, or even the week before Christmas, and not Thanksgiving?‖
―I guess I know the difference between Thanksgiving and Christmas.‖ Bromer closed his eyes for five seconds. ―The year my sister got married, Thanksgiving was on November 23rd. I went to Viet Nam just after Christmas in 1965.‖
―Well then, sir, tell the court when Christmas was in 1967?‖
―December 25th,‖ Bromer said with a straight face. ―Ain't that when it always is?‖
Laughter again. Even Judge Ziram smiled to himself. Wilcoxson failed to see the humor. He leaned forward on the prosecution table, resting his upper body weight on his knuckles.
"Very good, Mr. Bromer. How is that you and Mr. White—Eric Kendrick—happened to go to this, ah, establishment on that particular night?"