Chapter 44 #2
Simon pretended to listen with great interest, but he had read all of Barr’s reports.
He had read everything in the police files, every exhibit the Commonwealth would throw at him.
He had read and re-read and memorized every detail known to the lawyers, experts, and investigators.
So he made notes, the same ones he had scribbled onto paper a hundred times in the past four months.
Who was the leaker, the informant, the person close enough to Eleanor to know when she died?
His top suspect was Jerry Korsak, who had been to the hospital at least once and probably more than that.
He clearly had an interest in the estate and had even hired an expensive lawyer to get involved.
Jerry was slippery and evil enough to poison his dear stepmother.
He was broke and crooked enough to go for her money.
He was also thick between the ears and not smart enough to pull it off.
The one great question Simon always confronted when suspecting Jerry was: How did he know about the cremation?
The leaker stopped it cold. If two more hours had passed, what was left of dear Eleanor would have gone up in smoke.
His next suspect was Tillie, primarily because she handled the ginger cookies.
Simon bought them and put them on her desk to take to the hospital.
Tillie knew about the plans to cremate because she typed the advance directive.
She knew the time of Eleanor’s death. But Simon could not force himself to believe that a gentle soul like Matilda Clark would commit such a horrible crime.
Wally Thackerman’s name was always on Simon’s list, for obvious reasons.
Two days before Eleanor died, he checked in at the hospital’s front desk, as all visitors were supposed to do.
He visited Eleanor for half an hour and signed out.
Simon was not aware of his visit until much later when he saw the hospital logs.
In Simon’s world, Wally remained a suspect, though not a serious one.
If he was planning to poison her, why would he bother signing in and out and leaving clear proof that he had been there?
He forgot about his sleuthing when Raymond began barking.
The Commonwealth was attempting to introduce into evidence the last will and testament Simon had drafted for Eleanor.
Raymond objected, but only because he had to.
There was no way to keep the will from the jury.
Two weeks earlier, in an all-day motion hearing, the two sides had fought vigorously over which documents would be admitted into evidence.
The defense took the position that the will was the private work-product of an attorney, and thus privileged and protected.
The will had not been probated and was not a matter of public record.
The Commonwealth argued that the privilege expired when Eleanor died, so Simon had no right to conceal the will.
It was a crucial issue and both sides submitted lengthy briefs.
Simon wrote his own, all thirty pages of it.
Judge Shyam promptly ruled in favor of the prosecution.
The will, advance directive, and power of attorney could be admitted.
Raymond was not surprised with the ruling.
Detective Barr explained to the jury how he came to possess the documents, but was not prepared to discuss them. He was not a lawyer.
At 3:30, everyone needed a break, and Judge Shyam recessed until 4 P.M. The courtroom emptied quickly as folks raced for the toilets.
Simon remained at the defense table and watched the crowd.
He was surprised to see Teddy Hammer, evidently there to keep an eye on things.
With the value of Eleanor’s estate now greatly diminished, Simon had assumed Teddy would move on to hunt bigger game.
Maybe not. Maybe he was still sniffing around, plotting to grab a hundred grand or so in fees from whatever was left.
Oh well. The chaos of Eleanor’s estate would be handled by someone else.
Simon was much more concerned with his own problems.
A ballsy reporter thrust herself toward him and was about to pop a question when a bailiff practically clotheslined her. “No press, no press!” he growled as he shooed her away.
Simon chatted with Casey Noland. “I assume the horde is still out there in full force.”
“Oh yes. Dozens of them.”
“Have they convicted me yet?”
“That happened months ago.”
“Thanks for nothing.”
Detective Barr returned to the witness stand and proceeded to answer questions about Eleanor Barnett’s driving record and her accident.
Copies of her tickets and court transcripts were admitted.
Such evidence was not needed nor was it relevant, but Raymond had mentioned it during his opening remarks and Judge Shyam saw no harm in allowing it.
Raymond had no plans to criticize Ms. Barnett, may she rest in peace.
When Cora Cook was finally finished with Detective Barr, she tendered the witness for cross-examination. Raymond carried a legal pad to the podium and tossed it down. “Detective Barr, where does one purchase thallium?”
“I don’t know.”
“You don’t know?”
“I don’t know.”
“Have you tried to purchase it, as a law enforcement officer?”
“No. Why should I?”
“Oh, I don’t know. Maybe to better understand the murder weapon. Maybe to better inform the jury. Maybe to gain knowledge that might be useful later on. I can think of several reasons.”
“Sorry. Never tried it.”
“But you believe that Mr. Latch purchased it, right?”
“I don’t know how he got it. Why don’t you ask him?”
“I’m in charge of the questions right now, Detective. Certainly you’ve talked to other homicide detectives, and perhaps toxicologists, perhaps other experts in the field, to gain some understanding of where the poison comes from. Right?”
“Is that a question?”
“It is. Answer it,” Judge Shyam snapped, obviously ticked off at Barr’s cockiness.
“Well, I spoke with the toxicologist at the crime lab right after the autopsy. We had a general discussion about thallium, but nothing specific.”
“Okay. Now, back in January, you asked Mr. Latch if he would voluntarily surrender his laptops and desktop computers, is that right?”
“Yes.”
“And did he?”
“Not at first. He was rather reluctant.”
“Has it been your experience that most people are reluctant to hand over their computers to a homicide detective?”
“I guess you could say so.”
“And did he eventually give you his computers?”
“Yes, after I got a warrant. You were there, Mr. Lassiter. The entire meeting is on video.”
“Okay, now why did you want his computers?”
“We were looking for evidence, for any entry or any reference to poisons, specifically to thallium.”
“Who examined Mr. Latch’s computers?”
“Charles Pettigrew, a tech analyst with the state crime lab.”
“Did Mr. Pettigrew find what he was looking for?”
“No.”
“Did Mr. Pettigrew find any evidence that Mr. Latch or someone else had erased or scrubbed or in any way deleted files or references from either computer?”
“No, there was none of that.”
“So your search of Mr. Latch’s computers turned up nothing relative to poisons?”
“That’s correct.”
“Did you also have a look at Mr. Latch’s phone records, both his cell and his office landline?”
“Yes, we got a search warrant and collected those records.”
“Searching for what?”
“The same. Any reference to poisons, poisoning deaths, thallium, the like.”
“And what did you find?”
“Nothing of interest.”
“Not a hint of anything remotely related to poisons in general and thallium specifically?”
“That’s correct.”
“How long have you been a police officer in Braxton?”
“Eleven years.”
“And how long have you been a homicide detective?”
“The past six years.”
“How many homicides have you investigated?”
“About half a dozen. We don’t have many homicides in Braxton.”
“Did any of these homicides involve thallium?”
“No.”
“Did you seek assistance from the Virginia State Police?”
“Yes, we normally consult with them in homicide cases, but they were not officially involved in this one.”
“Did they have any idea where one might procure thallium?”
“Well, uh, I don’t recall the state police having knowledge of other poisoning cases such as this one.”
“They knew of no one who might deal in lethal poisons?”
“If they did, they didn’t mention it to me.”
With a heavy sigh and a frustrated look, Raymond said, “Your Honor, that’s all I have at this time. I’d like to reserve the right to recall this witness in the morning.”
“As you wish. We are adjourned until nine A.M. tomorrow.”