Authors: Phillip Margolin
Sleeping Beauty (26 page)
“No, that is not correct. You don't just manufacture literature like you do toasters. I enjoy teaching creative writing, and the job gave me time to write.”
“Didn't your publisher give you an advance for a new book and demand it back because you couldn't deliver?”
“We had creative differences.”
“I see. Is that why your publisher was threatening you with a lawsuit?”
“Objection,” Swoboda said.
“Sustained.”
“After so much early success, being a failed writer must be hard on you.”
“I am not a failed writer.”
“Weren't you having trouble thinking up a plot for a new book?”
“I had several ideas. I was looking for the right one.”
“Doing research?”
“Yes.”
“Wanting to have all the little details right to make your scenes real for your readers?”
“Yes.”
“Committing horrible murders so you could paint an authentic torture scene for your readers?”
“No. I did not kill anyone.”
“Let's talk about the boathouse, Mr. Maxfield. Is that okay with you?”
“Yes.”
“I want to make sure I have this right. You were out for a stroll in the forest when you heard a scream?”
“Yes.”
“Then you heard another scream?”
“Yes.”
“So you decided to investigate?”
“Yes.”
“And that's when you saw a man running away?”
“Yes.”
“That would be pretty important, wouldn't it, this man running from the scene of the crime?”
“Yes.”
“I would imagine you'd want the police to know about that, especially when they were accusing you of murder and mayhem?”
Maxfield didn't answer.
“Well, you did think it was important, didn't you?”
“Yes.”
“The first time you came in contact with the police after you went on the lam was in Nebraska when you were arrested, right?”
“Yes.”
“Did you tell the arresting officers about this man you saw running from the boathouse?”
“No. I was terrified. They had guns drawn, they were shouting at me.”
“What about when you calmed down?”
“They didn't ask me any questions. They just put me in a cell.”
“You know Detectives Birch and Marx, right? They were the detectives who testified in court.”
Maxfield looked worried. “Yes.”
“Did Detectives Marx and Birch escort you back to Oregon from Nebraska after you waived extradition?”
“Yes.”
“But first they interviewed you in jail in Nebraska, didn't they?”
“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
â¦.”
“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.”
“Myâ¦?”
“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
â¦.”
“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
â¦.”
“Yes?”
“I want an attorney. This is crazy. My God, how did this happen? How couldâ¦? 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?”
“Yes.”
“Just a few seconds inside the boathouse before you saw Ashley?”
“Yes.”
“And both of those women were just lying there?”
“I told you that already.”
Delilah made a note on her legal pad. She was smiling when she looked at the witness.
“Who cried out, Mr. Maxfield?”
“What?”
“You were in court when Ashley Spencer testified, weren't you?”
“Yes.”
“You heard her say that she heard two screams and went through the woods to the boathouse?”
“Yes.”
“Then you also heard her say that she heard a woman say something right before she looked in the window and saw you standing over Casey Van Meter with a bloody knife in your hand?”
Maxfield was frozen.
“If Terri Spencer was dead and Casey Van Meter was unconscious all the time you were in the boathouse, how did one of them say something?”
“Iâ¦.”
“Or maybe it happened differently? Maybe the women were alive when you entered the boathouse.”
“No.”
“You stabbed Terri and she screamed twice. Then you attacked Casey Van Meter and she called out.”
“No,” Maxfield said, but the answer sounded false and his face told the jurors that he was lying.
Â
Delilah had no more questions for Joshua Maxfield, and Eric Swoboda had no idea how to repair the damage her cross-examination had created. Swoboda called a few more witnesses before resting. Delilah did not feel that she needed to call any witnesses in rebuttal. As far as she was concerned, Joshua Maxfield's conviction was a foregone conclusion.
Judge Shimazu told the parties to be ready to argue in the morning and recessed court. As soon as the jurors filed out and Joshua Maxfield had been led out of the room, Delilah swiveled her chair so she was facing Ashley.
“You got him. Your testimony buried Mr. Maxfield.”
“I didn'tâ¦.”
Delilah laughed. “Don't be modest, girl. You heard a woman call out seconds before you saw Maxfield with that knife. One of the women had to be conscious when he walked into the boathouse. When he said that they were both out I knew he was lying, and you're the one who proved it.”
Ashley didn't look as happy as Delilah expected her to be.
“What's the matter?” the DA asked. “You seem troubled.”
“It's justâ¦.” She shook her head.
“No, what? Tell me.”
“I don't feel like I won anything. Even if Maxfield is executed, Tanya and my parents are still dead.”
Delilah looked solemn. “I hear you,” she said. “I was wrong to be so happy. Sometimes I get so wrapped up in the fight I forget that a courtroom victory doesn't end the suffering. But you have to think about this, Ashley. A conviction won't bring back your folks and Tanya Jones, but your testimony saved lives. We don't know who they are, but we can be certain that there are people alive today who would have been dead if Joshua Maxfield was on the loose.”