Authors: Don Bullis
Tags: #Murderers, #General, #New Mexico, #Historical, #Fiction
―Objection, your honor,‖ Pratt said. ―The answer goes well beyond the question asked.‖
―Yes it does. Strike any reference to an altercation involving Mr. White.‖
―Mr. Bromer,‖ Wilcoxson continued, ―you made reference to your status as a military veteran.‖
―I got decorated for my time in the army. In Viet Nam.‖
―I see. What decorations did you receive?‖
―Purple Heart and Good Conduct medal.‖
―Purple Heart. What‘s the nature of your wound, Mr. Bromer?‖ ―A head wound. From a tank.‖
―I see. And what was the nature of your discharge from duty?‖ ―It's medical. I get a disability. Ninety percent.‖
―You look healthy to me. Why ninety percent?‖
―I get real bad head aches, sometimes, and I can't work for three or
four days.‖
―Isn't it a fact that your head wound severely damaged your abili
ty to remember details to the point that you can't do anything but
menial tasks that require virtually no recall at all?‖
―Objection, your honor. This is improper cross-examination. There
has been nothing introduced regarding Mr. Bromer's mental capacity
or ability to remember.‖
―Sustained. Mr. Wilcoxson, you know better, and while Mr. Pratt
didn't mention it, I will. You were leading the witness into a trap.
Don't do it again.‖
―Yes sir.‖
Freddy Finch came into the courtroom and whispered something
into Don Wilcoxson's ear. ―Your honor,‖ the ADA said, ―could I have
a minute to consult with Lieutenant Finch?‖
―Be very brief.‖
―Mr. Bromer,‖ Wilcoxson asked a minute later, ―did you say to
someone out there in the hallway during the afternoon recess that you
and another defense witness came to New Mexico to ‗...spring Eric
from the local-yokels?‘‖
―I probably said that, but I....‖
―That's all. No further questions of this witness.‖
―Anything else Mr. Pratt?‖ Judge Ziram asked.
―Two quick questions, your honor.‖
―Very quick. We're approaching the hour of adjournment.‖ ―Yes sir. Mr. Bromer. What did you mean when you said you
came here to 'spring' Eric?‖
―Just get him off, that's all. He wasn't here. How could he a done
it? Killed them people, I mean.‖
―Thank you. One other thing. If I were to ask you to prove you
spent time with Eric Kendrick from November 14th to November
21st, 1967, and not some other time or year, how would you go about
it?‖
Bromer reached into his coat pocket. ―These here show it. They's
my pay records from Flagg's Chevron in St. Louis, Missouri.‖ ―What do they show?‖
―Objection.‖ Wilcoxson didn't bother to stand. ―I don't know what
those papers are, or what they show.‖
―The witness just said they were his pay records, your honor.‖ ―Yes, Mr. Pratt,‖ Judge Ziram said. ―He did. He's certainly allowed to read from his own records. No different than a police officer
using his notes, and the witness is under oath. Proceed.‖
―What do they show, Mr. Bromer?‖
―Mr. Hiram Flagg pays his help on the first and fifteenth of the
month. This here sheet is for November. I didn't do no work from the
fourteenth ... well, I worked part of the day on the fourteenth, and
then I didn't earn nothing again 'til on Monday, November 20, 1967.‖ ―Thank you Mr. Bromer. That's all.‖
―Mr. Pratt, how are we doing on time with your witnesses? You
still expect to wrap-up by tomorrow afternoon?‖
―Yes sir. I have five witnesses, but four of them will take very little
time.‖
―And by way of rebuttal witnesses, Mr. Wilcoxson?‖
―Well, I'm going to need time for them, depending on what....‖ ―Make sure they're germane and brief. I plan on being finished up
here by close of business Friday. I have another trial beginning in Gallup Monday morning. Court is adjourned until eight thirty a.m.‖
Pratt‘ll put White on the stand for his last witness.‖
―I hoped he would.‖
―Word I got,‖ Freddy said, ―is that he'll put the fat whore on the
―He'll have to put Billy Ray on. Bromer didn't help his cause much, and this whore, Bohannon, won't either, that I can see. No credibility. Then he‘s got some bus driver and Scarberry, and Charlie might just backfire on him. He said he had five more witnesses, so he must still be countin‘ on Pete Garza. We'll eat Billy Ray White's lunch on the stand.‖
The District Courtroom would seat 50 spectators comfortably and there was standing room for ten or twelve more, and while filled to capacity each day of the White trial, some of the faces changed. Some of them did not. Flossie, allowed into the courtroom after she finished testifying, sat with Max directly behind Wilcoxson. Clive and Francis Cardiff sat beside Flossie day after day. Members of the press didn't change but police officers of all kinds came and went. Budville saloonkeeper Joe Garcia sat quietly near the hall door every day.
Lady Lydia Bohannon‘s testimony didn‘t take long but she left an indelible impression on everyone in the courtroom on the morning of the fourth day of the trial. She was large enough in stature to carry extra weight and her breasts, very large in normal repose, were held up and forced outward by an elaborate wire-supported brassiere. Her blouse opened in such a way that her cleavage exposed everything except the areolas. Her skirt was short and every man in the room believed he could see her black panties every time she crossed or uncrossed her legs as she sat on the witness stand.
―Are you acquainted with Mr. Billy Ray White, perhaps known to you as Eric Kendrick?‖
―Yes. I know Eric very well.‖ She spoke clearly.
―And is he present in this courtroom today?‖
―He's sitting there.‖ Her breasts swayed slightly as she turned and pointed.
―Good. Now, Miss Bohannon, where were you on the evening of November 18th, 1967?‖
―I was in East St. Louis, Illinois.‖
―Were you alone?‖
―No. I was in the company of Eric Kendrick and Lyle Bromer.‖ ―How can you be so sure of the date?‖
―I keep a diary.‖ She removed a small book with a pink leatherette
cover and a heart-shaped clasp from her purse. ―Along with another female friend of mine, the four of us were together from about eight in the evening until around midnight. We had dinner first and then we played parlor games. Charades and Twister. Eric left town the next week and went back down to New Orleans.‖
―Thank you Miss Bohannon. That's all I have.‖
―Proceed Mr. Wilcoxson.‖
―Miss Bohannon.‖ Wilcoxson didn't like asking questions in open court when he didn't have a pretty good idea what the answers would be. Freddy Finch had managed to develop a little background information on Lady Lydia early in the week, but the ADA didn‘t know how she would respond to his questions. He decided to take a risk. ―Did Eric ever tell you he'd even been to New Mexico?‖
She hesitated. ―Well, yes. He did. He called it the Wild West. He said he'd been to the Wild West.‖
―So you know he'd been here?‖
―I know he told me he'd been here?‖
―Very well. Now, Miss Bohannon, how are you employed?‖
―Objection your honor. Relevance.‖
―Your honor, it goes to credibility. Mr. Pratt used the argument on my witnesses, it's only fair I get the same latitude.‖
―Objection overruled.‖
―I'm a hostess.‖
―I see. Wouldn't it be more accurate to say you're a prostitute?‖
―Objection. The question was asked and answered. Besides, Mr. Wilcoxson is unnecessarily badgering the witness.‖
―Sustained.‖
―Miss Bohannon, have you ever been arrested for prostitution?‖
―Your honor,‖ Pratt said.
―Again,‖ Wilcoxson said, ―defense counsel was allowed to ask these questions of my witnesses, so....‖
―The witness will answer.‖
―Yes.‖
―How many times?‖
―Six.‖
―How many convictions?‖
―Five.‖
―And isn't it true you served a year in the Madison County jail for larceny?‖
―Yes.‖
―And isn't it also true that Eric Kendrick was your pimp and your lover.‖
―Yes.‖
―I have no further questions for this witness.‖
―Redirect, Mr. Pratt?‖
―Just one question. Miss Bohannon, would you perjure yourself for Mr. Kendrick?‖
―No I would not! I saw that movie,
I Want to Live!
about Barbara Graham. She perjured herself and then she ended up going to the gas chamber. No sir. I would not lie on the stand for anyone.‖
―Thank you.‖
Every male eye in the room followed Lady Lydia‘s exit.
―The defense calls Cody Miles to the stand.‖
A short man with a slight build, Miles wore his neatly pressed, gray bus driver's uniform into court. It was obvious to all that Mr. Miles took himself very seriously.
The preliminaries out of the way, Pratt asked, ―Mr. Miles, you were in Budville, New Mexico, on the evening of November 18, 1967. Would you tell the court what you saw there?‖
―That's the thing, sir. I didn't see nothing but an old pickup truck headed toward Albuquerque. It pulled out of Rice‘s place right in front of me. Hunting season was on. Everything was real quiet.‖
―Were there lights on at the Budville Trading Post?‖
―Seems to me the gas pumps was on but the store was dark. Surprised me. Rice didn't usually close up that early.‖
―Did you see anyone around the trading post that night?‖
―I didn't see a soul in Budville that night.‖
―What about vehicles?‖
―There was one or two pickups at Scottie's and maybe a couple cars at one of the bars. That's all.‖
―What about the trading post?‖
―Rice's wreckers was parked out in front.‖
―No other cars or trucks?‖
―Not besides that old junk pickup that pulled out.‖
―Mr. Miles, is it correct to say, then, that you did not see a light colored sedan at the Budville Trading Post or anywhere else in or around Budville on the night of November 18th.‖
―That's right. I never saw a light colored sedan of any kind.‖
―What about on the road from Laguna Pueblo to Budville? You see any light colored car along the way?‖
―No sir. Not that I recall.‖
―Where you questioned by the police after November 18th?‖
―No one talked to me about the murders until Mr. Cook came to see me at the bus barn a month or so ago. I told him what I saw and then he sent me a paper to sign in front of a notary public. And I did. Sent it back to you.‖
―So as far as you know, then, the State Police had no knowledge of the old pickup you saw in Budville on the night the murders took place.‖
―I never told anyone. Never had no reason to. No one asked.‖
―Thank you, Mr. Miles. Your witness.‖
Wilcoxson stood before the witness, his arms folded across his chest. ―What time did you arrive in Budville, Mr. Miles?‖
―Seven-forty-seven p.m., according to my log.‖
―You didn't pick up any passengers did you? You didn't stop?‖
―Nope. I didn't load any passengers 'til I got to Grants.‖
―So how long do you think you were in the village of Budville that night?‖
―As long as it takes to drive through town.‖
―What would that be? A minute? Two at the most?‖
―I guess. The town's not very big.‖
―So it's your testimony that you spent a couple of minutes in Budville nearly a year and a half ago and you maintain a complete and comprehensive mental picture of what you saw, including this alleged, phantom pickup?‖
―I know what I saw.‖
―I'm sure you do. No further questions.‖
John Cook quietly took a seat beside Pratt. ―I hope you‘re not counting on anything Pete Garza had to offer,‖ he whispered.
―Why?‖
―He‘s gone. He was here, at the courthouse. Yesterday. I saw him. Talked to him. I haven‘t seen him since. I did some checking around. Seems he suddenly had business to tend to in Old Mexico.‖
―I guess we‘ll have to manage, John. Thanks.‖
Pratt stood. ―Call Charles Scarberry. Your honor, I'd like permission to treat Colonel Scarberry as a hostile witness.‖
―He's your witness, Mr. Pratt. We'll wait and see if he's hostile.‖
The Deputy Chief made his way to the stand. By comparison, Cody Miles looked better in his uniform than Scarberry did in his. The black State Police coat with gray trim appeared ill-fitting and remained unbuttoned. His black necktie extended only half the distance between collar and belt buckle over a protruding belly. Sweat beaded on the deputy chief‘s bald head. Scarberry glowered at Pratt as if attempting to intimidate him.
―Col. Scarberry,‖ Pratt began, ―would you tell the court how you were involved in the Rice and Brown murder case investigation.‖
―I ran it. I took personal command.‖
―That doesn't mean you did the actual investigation, does it?‖
―No. I had over-all command.‖
―Does that mean you made all the key decisions at the scene on the night of November 18th, 1967.‖
―It does.‖
―Agent Spurlock earlier testified that the bodies had been moved before he arrived at the scene. Did you order them removed?‖
―I did.‖
―Why did you do that? Is it standard procedure to move bodies before the investigating officer in charge has a chance to see them?‖
―Spurlock wasn‘t in charge of nothin‘. I was. And next down the pecking order was Captain Torrez.‖
―Very well. But why did you have them moved. I‘d think....‖
―It was too hard on Flossie to be there with them bodies. As soon as the hearse got there, I ordered them took out.‖
―You consider that good investigative procedure?‖
―I made the decision as deputy chief of the New Mexico State Police and I stand by it.‖
―I see. Was placement of roadblocks something else you made decisions about?‖
―As I recall, Officer McGee first requested roadblocks from Sergeant North and he requested approval from Lieutenant Candelaria who ordered some of them, and Captain Torrez and I ordered the remainder. Proper procedure was followed. I demand that.‖
―How many were set up?‖
Scarberry was impatient. ―I don't remember exactly. Ten or twelve. I had roadblocks backing up roadblocks.‖
―Captain Torrez, as a part of his report, included a list of roadblock locations and the times they were put into place. Have you seen that report, Colonel Scarberry?‖
―I don‘t have time to read crime reports.‖
―I see. According to news reports at the time, you said you had a complete network of roadblocks in place within twenty minutes of the time they were first requested. Is that correct? Twenty minutes?‖
―Yes. We have contingency plans to handle such situations.‖
―Let's do a bit of reconstruction, Colonel, if you don't mind. According to State Police reports and radio logs, Officer McGee was notified of the Rice/Brown murders at 7:55 p.m. Shortly afterward, he requested roadblocks. Let's say no later than 8:00 p.m. Your testimony would be, then, that roadblocks were in place by 8:20. Would that be accurate?‖
―No later than that,‖ Scarberry said smugly.
―So when Larry Bunting was picked up at a roadblock east of Grants on the Sunday evening after the crimes were committed, you assumed that he‘d been within your perimeter of roadblocks for the preceding twenty-seven hours. Is that correct?‖
―Yes.... Well, I don't know that anybody thought about it.‖
―Let me get to the point, Colonel. Based on your long experience, and your familiarity with State Police contingency plans, how do you suppose a stranger to this part of the country, to the Budville area, would go about avoiding your roadblocks? In other words, how would Billy Ray White, or anyone else, get around them and get back to Albuquerque? He certainly didn‘t make it from Budville to Albuquerque in twenty minutes or less.‖
―Objection. Calls for speculation.‖
―He's asking for a professional opinion. I'll allow it.‖
Scarberry hated the question so he went on the offensive. ―The killer would‘a had more than twenty minutes!‖
―Let‘s explore that,‖ Pratt said. ―Let‘s assume the killings occurred at 7:45 even though it was probably later than that. According to your testimony, you had a roadblock at nine mile hill east of Albuquerque no later than 8:20. Is that right?‖
―Absolutely. No later than that. That would‘a gave the killer thirty-five minutes.‖
―Not quite, sir. According to Capt. Torrez‘s report, the roadblock at nine mile hill was one of the first established. It was in place by 8:10. So the killer would have had less than twenty-five minutes to cover more than fifty miles, seven miles of which are two-lane highway passing through the communities of New Laguna and Old Laguna. Do you agree with that?‖
―Your honor,‖ Wilcoxson said, ―counsel is arguing with his own witness.‖
―Yes he is. Move along, Mr. Pratt.‖
―Now then, Chief Scarberry, again according to State Police radio logs, Officer McGee ordered roadblocks at the Rio Puerco bridge and at the east city limits of Grants, both on Interstate 40. But roadblocks were never established at those points. Isn‘t that correct?‖
―Contingency plans would determine where roadblocks is set up. It wouldn‘t matter what the officer asked for.‖
―I see. So the officer in the field, the one closest to the scene, his specific request would be ignored in favor of a general plan of action created by some bureaucrat in Santa Fe. Is that correct, Chief?‖
Wilcoxson stood. ―I object, your honor. The internal policies of the State Police are not relevant.‖
―Sustained. Get back on the track, Mr. Pratt.‖
―Yes your honor. Did you find any white, or light colored, sedans abandoned within your perimeter of roadblocks in the hours and days following the murders?‖
―We did not!‖
―So how do you explain the fact that Billy Ray White was not captured within an hour of committing the crime?‖
―Objection,‖ Wilcoxson said. ―Asked and answered.‖
―Mr. Pratt.‖
―Yes sir. Reports show, Colonel, that Lt. Candelaria took Mr. Bunting from the roadblock back to Budville where you took custody of him. Is that correct?‖
―I was in charge. Yes.‖
―And did Flossie Rice positively identify Mr. Bunting at that time as the killer?‖
―She only said he looked similar to the killer.‖
―Do you mean to tell this court that you arrested a man and held him in custody for nearly three weeks just because he looked similar to someone?‖
―Objection,‖ Wilcoxson said. ―Whatever happened to Mr. Bunting is not material to this trial.‖
―You're right, Mr. Wilcoxson. It's not material, and I'm going to sustain your objection, but I sure would like to know the answer to that question myself. Move along, Mr. Pratt.‖
―I have nothing further, your honor.‖
―Cross, Mr. Wilcoxson?‖
Wilcoxson stood and buttoned his coat. ―You are aware, Chief, are you not, that Mrs. Rice identified a picture of Billy Ray White as the killer on the morning following the murders?‖
―I became aware of it after the fact.‖
―I don‘t understand,‖ Wilcoxson said.
―An Albuquerque officer showed Flossie the picture that next morning, and she identified it, but that officer didn‘t tell any State Police supervisors or criminal agents about it. He kept it to himself; just left without saying nothing about it. He's the same officer that got in trouble later on for drinking on duty.‖
―Even so, it would be your testimony that Billy Ray White was identified as the perpetrator of this crime within a few hours of the time the crime was committed. Correct.‖
―That‘s correct.‖
―Nothing further, your honor.‖
―Redirect Mr. Pratt?‖
―Yes. You never saw the picture in question, did you Chief? The alleged picture of Billy Ray White?‖
―Well, no. But then I was....‖
―So you cannot state with certainty, of your own personal knowledge, that a picture of Billy Ray White was ever shown to Flossie Rice or anyone else, can you?‖
Scarberry glared at Pratt. ―I saw the picture later on.‖
―I‘m sure you did, Colonel. Everyone in New Mexico who reads the newspaper saw it later on. I'm finished with the witness, your honor.‖
―You can step down, Chief. Call your next witness, Mr. Pratt.‖
―Your honor, the defense rests.‖
―Very well. Mr. Wilcoxson, you have rebuttal witnesses?‖
Wilcoxson was pale, visibly shaken. ―Ah, yes, your honor, but I thought, that is, I thought the defense would have at least one more witness. I expected another defense witness.‖ He looked around the courtroom for Finch. He needed help and quickly.
―It's a little early for our lunch break, but we'll take it now anyway,‖ Judge Ziram said. ―Round up your witnesses, Mr. Wilcoxson. We'll start again at one o'clock. I'm prepared to offer the jury instructions, and I hope the two of you are about ready with your closing arguments. We're adjourned for lunch.‖