A Reasonable Doubt Page 8
“The cases I’ve cited in my memo hold that the mere fact that the two crimes are parallel as to the methods and means employed in their execution doesn’t serve to identify the defendant as the poisoner of Mrs. Randall unless his guilt may be inferred from its similarity to the Gentry poisoning.
“Mr. Ragland has no evidence that proves that Mr. Chesterfield sent the candy to Mr. Moser. In the Gentry case, there is only circumstantial evidence that the cause of death is cyanide, and the only evidence that the poison, if it existed, was in candy is also circumstantial and derives from an inadmissible hearsay statement made by Mr. Gentry. No box of chocolates was found in Gentry’s house.
“Furthermore, this is not a case where a killer leaves a distinctive mark on each victim, like a Z cut in the victim’s cheek or a rose left at each murder scene. Using poison to kill someone is not so unique that Your Honor could conclude that the use of poison in Gentry proves the identity of the poisoner in this case.
“I’d like to make one other point, Your Honor. As soon as I understood how little evidence Mr. Ragland can present to implicate my client in this case, it became obvious to me that Mr. Ragland can’t prove his case without evidence from the Gentry case, because there isn’t enough evidence in either case to convince a jury beyond a reasonable doubt that Mr. Chesterfield committed any of the crimes charged.
“Mr. Ragland is hoping to bootstrap a conviction in the case that is before you by presenting the unrelated evidence in Gentry, precisely the type of behavior the rule of evidence prohibiting the use of unconnected evidence of other crimes was written to forbid.”
Ragland responded to Regina’s arguments, but it was clear that the judge was only listening to be courteous. When Ragland sat down, the judge made his ruling.
“I spent quite a bit of time researching the issues raised by your motion, Miss Barrister. The cases and law review articles cited in your excellent memorandum of law in support of the motion were very helpful. After giving the issue a lot of thought, I find that I agree with Miss Barrister. Her motion to prohibit the introduction in our case of evidence about Arthur Gentry’s case is granted.
“I’m also going to grant Mr. Chesterfield bail.”
Lily Dowd leaned forward and laid a hand on Regina’s shoulder. “Thank you.”
“You were fantastic,” Chesterfield said. “Worth every penny.”
“I’d like to see Counsel in chambers so we can work out the conditions of release,” the judge said before standing up and heading to his chambers.
As soon as Judge Beathard left the courtroom, the spectators and reporters started talking. Because of the noise and commotion, no one noticed that Gary Randall had walked into the bar of the court until he smashed his fist into Robert Chesterfield’s face.
“I’ll kill you!” he screamed as he pulled his fist back again. Before he could land another blow, the jail guards grabbed him and wrestled him to the ground.
“Let me go!” Randall screamed as he thrashed about on the floor.
“You’ve got the wrong man, Mr. Randall,” Chesterfield said. “I didn’t try to poison anyone.”
Morris Quinlan watched the chaos caused by Gary Randall’s attack. Then he shook his head in disgust and left the courtroom. “I knew Peter would fuck up this case,” he told his partner.
“What can we do now?”
“We can try to find evidence that proves Chesterfield sent the candy to Moser. If we don’t, he’s going to walk.”
“There’s something I don’t understand,” Dillon said.
“What’s that?”
“Ragland is obviously incompetent, so why is he handling major cases?”
“Politics, my boy. You saw the pictures on Ragland’s wall. Daddy was one of the most respected prosecutors this state ever produced and one of its most influential politicians. He’s retired now, but he still pulls a lot of strings, and people, like the district attorney, owe him big-time. As long as Jasper Ragland wants Peter in the DA’s office, he’ll remain in the DA’s office.”
* * *
Lily Dowd waited in the courtroom with one of Regina’s associates until Regina came out of the judge’s chambers and told her what she would have to do to obtain her husband’s release. As soon as Lily left with the associate, Regina spoke with the reporters. Then she crossed the street to the Justice Center, where Robert Chesterfield had been taken while the lawyers and the judge decided on his release conditions.
“Your wife is posting bail, so you should be out by this afternoon,” Regina said as soon as she and Chesterfield were alone in the contact visiting room.
“That’s great. I can’t thank you enough. Can you make a guess on how the judge’s ruling will impact my case?”
“It might kill it. If Ragland were smart, he would have held off on the indictments. After I read the discovery, it was obvious that he didn’t have enough evidence to prove your guilt beyond a reasonable doubt. I’m guessing that he’ll dismiss both cases and hold off on new indictments until he has stronger evidence implicating you.”
“Which he will never have, since I am completely innocent.”
“I’m thinking of making a motion for a speedy trial to force Ragland’s hand. Of course, he can stall by appealing Judge Beathard’s ruling to the Court of Appeals. That could keep the case on hold for a year or more.”
“The law is not something I’m schooled in, so I’ll leave the legal decisions in your capable hands. You’ve been spot-on so far. But I would like to discuss the case with you when I’m back in civilization.” Chesterfield looked into Regina’s eyes and smiled. “Perhaps we could have dinner together sometime next week.”
“I’d love to have dinner with you and Lily,” Regina answered.
“I don’t want to trouble Lily. My arrest and incarceration have been a big strain for her. She should rest in our house at the coast.”
Regina was certain she knew what her client was up to. “If you really want to discuss legal matters, it would be better if we met at my office, Mr. Chesterfield.”
“Robert, please. I feel we’ve gotten to the point in our relationship where we can be on a first-name basis.”
Regina looked directly at her client. “If you’re talking about the attorney-client relationship, I’d be glad to call you Robert. If you’re thinking of any other type of relationship, you should stop.”
Again, Chesterfield smiled. “I think you might enjoy an extralegal relationship with me, Regina. You’re a beautiful woman, and I’m guessing that you have … appetites.”
Regina stared at Chesterfield for a few seconds more. Then she burst out laughing.
“Knock it off, will you. I’ll make this as plain as I can: There is no chance whatsoever that I’m going to jump in the sack with you. Is that clear?”
Chesterfield smiled once more. “You can’t blame a chap for trying.”
“Fair enough. You gave it the old college try. Now, put your pecker back in your pants and let’s talk about the law.”
* * *
When Regina and Lily walked into the jail reception area, Regina noticed a man sitting off to the side. He was well dressed and well groomed, unlike the other people waiting for an inmate to be released. Regina thought that she might have seen him in the courtroom during the hearing, but she couldn’t be sure. She was trying to remember when Robert Chesterfield stepped out of the jail elevator, looking dapper in his suit and showing no sign that his incarceration or the charges against him had made any psychological impact. When Lily and Regina stood up to walk to Chesterfield, so did the well-dressed man.
“Robert!” he shouted.
Chesterfield turned and stared. “Horace! What are you doing here?”
“I flew over from London yesterday. We need to talk.”
“Ladies,” Chesterfield said, “this is Horace Dobson, my theatrical agent. He represented me when I performed my magic act in London.”
“And I’m here with great news. Your case has gotten a lot of pub
licity, and you can use it to your advantage. I’ve been on the phone to casinos in Las Vegas. They’re interested in having you perform. Your career could get a big boost.”
“I don’t have a career, my dear boy. I left it behind when I married Lily,” he said, casting a radiant smile in his wife’s direction.
Regina stifled an urge to throw up.
“You’re hot now, Robert, and you need to take advantage of the moment,” Dobson insisted.
“I appreciate your coming all this way, so the least I can do is hear you out. But Lily and I have been separated while I’ve been in jail, and I want to spend time with her. Give me your hotel room number and I’ll call you there tomorrow.” Chesterfield put his arm around Lily’s shoulders. “Tonight, I want to be alone with my wife.”
Regina remembered the pass Chesterfield had made only a few hours earlier. She had an urge to tell Lily Dowd about it, but she kept her mouth shut.
“I’ve got to get back to my office, Robert,” Regina said. “Call me tomorrow, so we can plan a time to discuss the next steps in your case.”
“Will do. And thanks again. You’re a marvel.”
Regina headed back to her office. She was thoroughly disgusted with Chesterfield, but she didn’t have to like someone to represent them.
CHAPTER FOURTEEN
Two weeks after the hearing in front of Judge Beathard, Peter Ragland dismissed the indictments in the Randall, Gentry, and Moser cases. He had not called Regina to let her know what he was going to do, but Regina knew Ragland’s ego wouldn’t let him admit to her that he had screwed up.
Regina told her client the good news and assumed that she was done with Chesterfield, but two months later, Regina returned from court to find a voice mail from Robert Chesterfield asking her to call him as soon as she got in. Chesterfield sounded nervous, and that surprised Regina, because she could not remember one time during her representation of Chesterfield when he had not been perfectly calm.
“Thank you for getting back to me so quickly,” Chesterfield said as soon as Regina identified herself.
“What’s happened? You sound upset.”
“I am upset. Can you come to our house on the coast?”
“When?”
“Now.”
“I’m prepping for a trial that’s starting next week. What’s so urgent?”
“Lily went out for a walk this morning. She does that most days, but the weather was bad and I was concerned. I asked her to stay in, but she insisted on going. She’s usually gone for an hour, but I expected her to return earlier because of the storm. When she wasn’t home two hours later, I went looking for her. When I couldn’t find her, I called the police. A search party just found her body half a mile away, on the rocks at the bottom of the cliff that runs behind our house.”
* * *
The weather was raw. Regina assumed that she would have to trek along a cliff exposed to the elements in frigid, stormy conditions, so she changed into jeans, hiking boots, and threw on a ski jacket with a hood before heading to the coast. Gusts of wind shook her car, and a heavy rain battered it during the drive, and she had to stay too focused on the road to think about the possibility that she might be representing Robert Chesterfield in another murder case.
Regina had never been to Lily Dowd’s home, but she had no trouble locating it. Official vehicles and vans sporting the logos of local television stations lined the shoulder of the highway at the turnoff. A sawhorse blocked the driveway. Regina showed her identification to the officer stationed in front of it. As soon as he received confirmation from someone in the house, the officer waved Regina through.
Regina got her first view of Dowd’s home when she rounded a bend in the driveway. She was amazed at its size and impressed by the way it blended into the seaside scenery. Chesterfield walked out to Regina’s car as soon as she parked. He was unshaven, he appeared to have run a comb through his hair without using a mirror, his eyes were bloodshot, and he looked nothing like the debonair fashion plate she was used to seeing.
“Thank you for coming so quickly,” Chesterfield said as he escorted Regina under the overhang and out of the rain.
“Have the police questioned you?” she asked.
“Once we found Lily, I told them I wouldn’t talk to them until you came.”
“What about before that?”
“Two officers showed up after I called 911. I told them where Lily liked to walk and showed them the path. We went north and south along the cliff. It was raining pretty hard by then and there were very strong gusts of wind, so there wasn’t much conversation.
“The mist and driving rain made it hard to see, so the officers called a halt after half an hour and radioed for more men. I can’t remember what I said while we waited, but I’m sure we didn’t talk much. More men came and I waited inside. When someone spotted Lily on the rocks a little over half a mile from here to the south, the officers asked me to go to the spot to make an identification. I said I thought the dead woman was Lily. After that I said I wouldn’t talk to anyone until you got here.”
As soon as they were inside, a tall man in a black hooded windbreaker walked over to them. He had a full head of wavy salt-and-pepper hair and a bushy mustache.
“Miss Barrister?”
“Yes.”
“I’m Clint Easley, a detective with the county. I’m in charge of this investigation.”
“Pleased to meet you.”
“Likewise. I’d like to talk to your client, but he insisted that I wait until you arrived.”
“I’m sure you understand why, given his recent experience with the justice system.”
“I do, but you’re here now, and given your reputation, I’m sure you’ll protect him.”
“Has Mrs. Dowd’s body been moved yet?” Regina asked.
“No. It’s at the base of a cliff with no easy access. We’re going to have to wait for the storm to abate before I send anyone down there to recover it.”
“I’d like to see the scene of the accident before I give Mr. Chesterfield any legal advice. Would that be okay with you?”
“You don’t need my permission, Miss Barrister. Mr. Chesterfield isn’t under arrest, and the path along the cliff is open to the public.”
Regina smiled at Easley. “Will you show me the way?”
“My pleasure,” he said as he flipped up his hood and then headed outside.
* * *
Gale-force winds drove massive waves against the coal black rocks, sending spray high into the air. Other waves, unimpeded, crashed onto the shore. The storm made the trek slow going. Several deputies suddenly appeared through the curtain of rain. They looked miserable, hunched forward, hoods up, and hands plunged into their pockets, trying to stay warm and dry and failing miserably. When they reached the deputies, Easley handed Regina a pair of binoculars.
“She’s down there!” Easley yelled so he could be heard above the howling wind and pounding surf.
Regina brought the binoculars up and looked over the side of the cliff. Raindrops dotted the lenses, and she had to wipe them off to get a decent view. Through the mist, she could see a body splayed across the top of a boulder, arms and legs spread wide. Regina couldn’t make out the corpse’s features, because long strands of wet hair spread across the dead woman’s face.
“How can you be sure that’s Lily Dowd?” Regina shouted.
“We can’t, but Mr. Chesterfield said those were the clothes she was wearing when she went out for her walk.”
Regina straightened up. “Okay, I’ve seen enough. Let’s go back.”
No one objected, and the trio walked back as fast as they could. When they reached the front door, Regina noticed a black BMW. Chesterfield swore.
“What’s the matter?” Regina asked.
“It’s the fucking Bobbsey Twins.”
“Who?”
“Tweedledee and Tweedledum, Lily’s offspring, come to make my life miserable.”
A short, plump woman and a rail-th
in man were standing in the entryway. As soon as Chesterfield walked in, the woman rushed toward him.
“What have you done to my mother?” she shouted.
Easley held up his badge. “I’m the detective in charge here, and I’ll ask the questions. Now, who are you?”
Neither person seemed intimidated by the badge. “I’m Dr. Iris Hitchens, Lily Dowd’s daughter, and this is her son, Andrew Dowd. He’s an attorney. I called here two hours ago to talk to my mother. A policeman answered the phone and refused to tell me why he was in my mother’s house. I’m here now and I demand an answer.”
Easley relaxed. “I’m afraid I have some very bad news for you. You might want to sit down.”
“I’m a medical doctor, Detective. Not some frail damsel. Now, tell me what’s happened to Mother.”
“Your mother went for a walk in very bad weather. When she didn’t return, Mr. Chesterfield called the police. We’ve found a dead person at the base of a cliff near here. It appears to be a woman, but we can’t get down to the body, because of the weather—so we haven’t been able to make a positive identification.”
Iris glared at Chesterfield. “You killed her, you bastard. You already got away with two murders, but you’re not going to get away with murdering my mother.”
Easley stepped between Iris and Chesterfield. “There is no evidence indicating that your mother was murdered, Dr. Hitchens.”
Iris turned on the detective. “This man poisoned two people. He’s a killer. He’s after Mother’s money, and murdering her is the quickest way to get it. I demand that you arrest him.”
“I’m not arresting anyone until I have proof that a crime was committed, and I can’t do that without evidence. Now, I’m going to ask you to calm down or I’ll have to ask you to leave. Do you understand me?”
Andrew put a hand on his sister’s shoulder. “He’s right, Iris. We shouldn’t jump to conclusions.”
Iris turned on her brother. “Grow some balls, Andrew. Lord Robert is a gold-digging leech, and I’m not going to let him get away with this.”