PART 35 (57 page)

“Is he sure?”

“He's sure.”

Sandro smiled, patting Torres on the back. Torres smiled, obviously not sure of what was going on.

“Tell him he did fine,” Sandro said, opening another can of cold beer for Torres. He handed it to him. He opened a can for Mike and one for himself.

“
Salute!
” said Sandro.

“
Salute!
” the others answered.

CHAPTER XXV

Thursday, April 18th, 1968

The next morning, as Sandro arrived in the corridor outside the courtroom, he saw Siakos surrounded by five highly vocal Puerto Rican women. They all seemed to be talking quickly at once. Sandro felt more relaxed than he had in several weeks, knowing he could take it easy for the next couple of days as Siakos presented his defense. He also knew that he had to use his evenings to finish preparing his witnesses. Sandro made his way to a telephone booth to make sure Mike Rivera was ready for work that evening. Mike said he would come to court in an hour or so.

As his first witness, Siakos called Josefina Cortez. Mrs. Cortez testified that she worked in the factory with Mrs. Hernandez. She remembered July 3rd, 1967, because it was the day before the holiday, and she did not work the next day. She said that because the next day was a holiday, she was paid one day early. She testified she received her check about noon, and went to the bank, which was on the corner of 125th Street and Park Avenue.

At this point, Siakos had Hernandez stand up. Mrs. Cortez said she recognized him, had seen him before July 3rd, 1967, when he came to the factory to pick up his wife. She testified she saw him in the bank at about 12:15
P.M.
on July 3rd. He was waiting for his wife, who was on line to cash her paycheck. At the time, Mrs. Cortez testified, she was with three other women. Siakos turned the witness over to Ellis.

Mrs. Cortez testified, in reply to Ellis's questions, that she had not noticed a Chevrolet nearby, nor had she seen any man with Hernandez. She said she had no idea what Hernandez was doing between 2 and 3
P.M.
that day. Ellis had no further questions.

Siakos next called Nela Alvarez. Mrs. Alvarez also worked at the factory where Mrs. Hernandez worked. She testified that on the morning of July 3rd, 1967, about 8:50, she saw Mrs. Hernandez arrive at the factory in a car driven by Mr. Hernandez. She could not identify the car, even when shown a picture of it. She said there were so many cars that look alike, and she didn't pay much attention to the type of car it was. There was no other man with them.

Ellis had no cross-examination.

Siakos called Marcelina Ortiz. Ortiz also worked with Mrs. Hernandez. Mrs. Ortiz testified she had seen Hernandez on several occasions before July 3rd, 1967. On July 3rd, she saw him on the corner near the bank at about 12:30
P.M.
She was just going to cash her paycheck. Hernandez's wife came out of the bank and joined him on the corner, and then they went to a luncheonette or something like that. Siakos had no further questions.

Ellis asked Mrs. Ortiz to describe, if she could, what Hernandez was wearing on July 3rd when she saw him. She didn't remember exactly what he was wearing, except he wore a straw hat, and he carried a portable radio. She said she didn't see any car, nor did she see him standing with another man.

Siakos next called German Ortega. Ortega said he worked in the same building as Mrs. Hernandez, although for another company. He said he had seen Hernandez on only two occasions, both on July 3rd, 1967. He said the first time was when Mrs. Hernandez introduced him. It was about 12:15, and he was on his way to lunch. Later, as he returned, after lunch, he saw them again as Hernandez walked his wife back to the building. He testified the second time he saw Hernandez was about 1
P.M.
Ortega indicated that he was not a friend of Hernandez, as he had never seen him before July 3rd, 1967. Ellis asked Ortega if he had ever been convicted of a crime. Ortega said no. Ellis had no further questions.

The judge called for a short recess.

Mike joined Sandro and Sam in the corridor.

“Listen,” Mike said. “I came in earlier and saw some blond guy. Looked like a cop. He was sitting in the audience taking notes when the witnesses were on the stand. When the recess was called, he got up and went through that side door.”

“That's the door that leads to the witness room,” Sandro said.

“Probably a spotter for Ellis,” Sam remarked. “He'll get information from the witnesses and feed it to Mullaly for the cops to check on, since Mullaly can't be in court.”

“Is that proper?” asked Mike.

Sam shrugged. “How can you stop him? It's a public proceeding.”

Siakos called Mullaly back to the stand as his next witness. He questioned Mullaly about the pawnshop tickets taken from Hernandez at the station house. Mullaly produced two of them. He testified, however, that he didn't know where the other tickets were or what shop they were from. Mullaly said that he had checked the pawn book at Sid Goodman's Pawnshop, from which one of the two available tickets came. A portable radio had been pawned there. Mullaly testified he had taken from the pawnshop the signature card which belonged to that pledged item. He later took the property from the pawnshop, in about the first week of April, just before this trial. Mullaly said also that he had been at Excelsior Pawn Brokers on Delancey Street, to which the other available pawn ticket belonged. There he also investigated the pawn book, the signature card, and the property pawned, two suits.

Siakos called for the production of the valise which had been taken from the trunk of Hernandez's car on July 3rd. Ellis had it brought in from the witness room. Siakos also called for the two suits that had been at Excelsior Pawn Brokers and the radio from Sid Goodman's. Ellis had these produced. Siakos had Mullaly identify all of them, and they were offered into evidence.

Mullaly testified further that he never investigated or telephoned the pawnshops on July 3rd or 4th. He did not investigate them until a week later, July 9th, 1967, much after Hernandez had allegedly confessed. On July 3rd, Mullaly indicated, he did not think the pawn tickets had any significance.

Siakos searched through the photostatted police records to find the one relating to the burglary on 119th Street. He asked Mullaly if he had ever spoken to Antonio Quiñones or Jose Arce, the two men who lived in the apartment on 119th Street that Hernandez had broken into on July 3rd, 1967. Mullaly said he had spoken to them on July 9th. He said they identified the suits from the pawnshop, the portable radio, and the property in the valise. Mullaly testified he never interrogated Hernandez about the pawn tickets on the evening of July 3rd.

The thin, tall blond man Mike had remarked about returned to the courtroom. He walked up to the bar and handed a piece of paper to Ellis.

“I have no further questions of this witness,” said Siakos.

“I have no questions,” Ellis said. Mullaly stepped down. “Your Honor, with your permission,” said Ellis. “I see German Ortega, the previous witness, now sitting in the courtroom as a spectator. May I recall him for a short examination?”

“You may, sir.”

“Bet Ellis has a yellow sheet on him,” said Sam. “See what we're up against. We have to send out a subpoena and wait two or three days. Ellis has it in twenty minutes.”

Ortega took the stand again.

“A few minutes ago you were asked if you had ever been convicted of a crime, do you remember that?”

“Yes.”

“And what was your answer?”

“No.”

“Was that the truth?”

“Yes, sir.”

“Isn't it so that on August seventeenth, 1963, you were convicted of policy and fined fifty dollars.”

“Yes.”

“So that you lied on the stand when you had sworn to tell the truth.”

“If numbers is a crime when you get fined, then I guess I did.”

“You lied on the stand?”

“I already said I guess I did.”

“No further questions, Your Honor.”

“Isn't this something,” said Sandro. “Nonsense.”

“Cheer up, Sandro. Ellis wouldn't be fooling with trash if he had real bombs. He's worried.”

Siakos called Carmelita Delfino as his next witness. She testified that she had been working in the same shop as Mrs. Hernandez on July 3rd. She said she saw Hernandez there on July 3rd. She was not a friend of his. She said at about 12:20
P.M.
, when she went downstairs, she saw Hernandez by himself in front of the building. Siakos had no further questions of Mrs. Delfino.

Ellis had no cross-examination.

The judge called the lunch recess.

Sandro stood after the jury left. “Siakos's case is going in,” he said, “but what does it all add up to?”

“He's got more. He's got those people that you saw from the pawnshop. That's the important stuff, not this. He's just laying the groundwork now.”

“I hope you're right,” said Sandro.

“We can't do everything. Just sit there and worry about your own case.”

In the afternoon, Siakos called Willie Morales, the manager of Sid Goodman's Pawnshop. Morales carried a large book with him. When he saw Sandro sitting at the counsel table, he smiled slightly. Siakos approached and began his direct examination.

Morales said he remembered July 3rd, and he remembered Hernanadez coming into the pawnshop on that day and pawning a portable radio. He said that Hernandez used the name Antonio Cruz when he pawned the radio. Morales opened the big book and showed the name Antonio Cruz as pledge No. 4 on July 3rd. Morales testified that he had seen the man who called himself Antonio Cruz on several occasions before July 3rd. He had also seen Hernandez's picture in the newspaper on July 4th, and now, seeing Hernandez sitting in court at the counsel table, he was positive that Hernandez was the man who as Antonio Cruz came into the shop to pawn the radio.

Morales showed Siakos the signature card. There was no question that it was Hernandez's handwriting. Morales testified that the radio was pawned sometime in the afternoon of July 3rd. He wasn't positive of the exact time, but it had to be after 1:50
P.M.
and could have been anytime between 1:50 and 3:30. It had to be after 1:50, Morales said, because he hadn't returned from lunch until 1:45 and from the handwriting in the book, he knew that he had taken care of the transaction.

Siakos offered the portable radio, the signature card, and the pawn book into evidence. Morales testified further that he was able to recall the particular transaction because he saw Hernandez's picture in the newspapers the next day and had recognized Hernandez as the man who had been in the pawnshop the day before. He testified that the police had come into the pawnshop sometime in the middle of July and he had told them the same story he had just testified to. He said that Detective Mullaly had taken all the information, and put a stop on the radio so that it could not be redeemed.

To Ellis's cross-examination Morales replied that he couldn't recall the exact dates when Hernandez had been in the pawnshop before July 3rd, but he knew that it had been two or three times. He said he could not remember the time of day when the other transactions had taken place either, nor whether they had been before or after his lunch break. Morales admitted that his memory of what happened on July 3rd, 1967, was better on July 9th, 1967, when the detective was at the pawnshop, than now while he was on the stand.

Ellis asked Morales if he remembered telling the detective that Hernandez had been waiting for him to come back from lunch. He said he remembered and that it was the truth. Ellis asked him if he recalled telling the detective that he didn't remember what time it had been when he came back from lunch. Morales sat up a little straighter in the witness chair.

“I remember telling him that I went out after one, sir, and that I came back before two o'clock.”

Ellis had the answer stricken. He asked Morales whether or not he remembered saying that to the detective. Morales said he didn't remember it too clearly. He said he knew that the time was not written in the book, but it had to be after 1:45
P.M.

Ellis asked Morales if he had spoken to Mr. Siakos about this case. He said he had and that he had also spoken to Mr. Luca. Ellis was surprised by that. Morales said that Sandro was the first person after the police to whom he had spoken. Ellis asked Morales if Sandro had written down what he had said. Morales said he had.

The judge called a conference of counsel when Ellis asked to see the signed statement of the witness. The judge explained, out of the hearing of the jury, that the defense had no obligation to give to the district attorney copies of signed statements. Sandro volunteered to give the statement to Ellis in the interests of justice, knowing that the statement would best serve the interests of the defense. Sandro handed the statement to Ellis. Ellis read it.

“Read it and weep, Mr. Ellis,” Sandro whispered. Sam, keeping his notes, smiled softly. He made his smile disappear, and he looked up to watch Ellis read the statement.

Morales testified he remembered speaking with Mr. Luca and that there had been another man with him who wrote down what he said. After the other man finished writing the statement, Morales said, he signed it. He identified his signature.

“Did you tell Mr. Luca what time it was you went to lunch on July third?”

“Not the exact time. I said sometime after one o'clock.”

“You remember saying it was sometime after one o'clock?”

“Yes, sir.”

“Ellis is digging a hole for himself now,” said Sam, reading from a photostatic copy of the Morales statement which was in their file.

“Let him nibble at this nonsense. It'll make the prosecution look ridiculous,” replied Sandro.

“Your Honor, I offer this statement into evidence,” said Ellis.