Between Black and White (McMurtrie and Drake Legal Thrillers #2)(37)
“It’s a long story,” Rick said. “I’ll fill you in after the hearing.”
“He’s OK,” Ray Ray added, extending his hand and leaning over to whisper in Bo’s ear. “Just shake my hand and act like everything is fine.”
Bo paused. Then his face cleared in an instant and he shook Ray Ray’s hand, feigning a smile. “God help me,” he said under his breath.
“When Gabriel is busy, God sometimes sends Ray Ray,” Ray Ray whispered back.
“General, are you ready to present the evidence?” the judge asked, turning to the prosecution table.
Helen Lewis stood and spoke in a clear voice. “Yes, Your Honor.”
“Very well then, please proceed.”
As Sheriff Ennis Petrie had warned on the day of his arrest, the evidence presented by the State of Tennessee at the preliminary hearing for Bocephus Haynes was “conclusive and overwhelming.” First and as expected, the state proved motive through the testimony of Cassie Dugan, Dr. George Curtis, and Clete Sartain, who all recounted the confrontation between Bo and Andy Walton at Kathy’s Tavern a few hours before the murder. Sheriff Petrie then testified to Bo’s numerous attempts over the past two decades to reopen the investigation of his father’s murder.
The next piece of evidence introduced by the prosecution was the testimony of the county coroner, Melvin Ragland. After a few questions to establish his credentials, Ragland opined that, on the morning of August 19, 2011 Andy Walton was shot to death from close range with a twelve-gauge shotgun. The time of death was approximately 1:15 a.m.
Last came the surprises, and none of them were pleasant. Larry Tucker, owner of the Sundowners Club, was called to play the surveillance tape from the club the night of the murder. When he saw his own Lexus SUV on the screen with the personalized University of Alabama license plate “BO-1982” leaving the scene of the crime at 1:20 a.m., Bo had to squelch a groan. Then there was the DNA evidence. Blood and hair samples matching those of Andy Walton were found in the cargo area of Bo’s Lexus. And though it was impossible to conduct a ballistics check of a shotgun, the medical examiner was able to determine that the twelve-gauge seized from the backseat of Bo’s vehicle was the exact type of weapon used to kill Andy Walton. Finally, a shell casing found underneath Andy’s truck in the parking lot of the Sundowners was an exact match to the shells seized from the glove compartment of Bo’s car.
When Rick informed Her Honor that the defendant would be calling no witnesses, Judge Connelly recessed for a short break. When court resumed fifteen minutes later, her ruling was short and to the point. “Based on the evidence presented by the State of Tennessee in this preliminary hearing, it is the ruling of this court that there is probable cause to believe that, on August 19, 2011 the defendant, Bocephus Aurulius Haynes, committed the crime of first-degree murder in wrongfully causing the death of Andrew Davis Walton. This case will now be bound over to the grand jury.” Connelly paused and leaned back in her chair. “Court adjourned.”
24
After Judge Connelly left the bench, Helen Lewis made a beeline for the defense table. She held her hand up to stop the two sheriff’s deputies who had entered the courtroom to take Bo back to the jail.
“Gentlemen, you heard the evidence,” she said, looking at each of them for a second before setting her gaze on Bo. “And unlike most cases, I didn’t hold anything back. I have never seen a more open-and-shut, black-and-white case.” She smiled, her eyes tight. Mean. “I’ll offer life in prison, but only if the defendant accepts before the arraignment. Mrs. Walton is acceptable to this plea, though I frankly believe that it is very generous, given the heinous nature of this crime.” She paused, still looking at Bo.
Bo held her gaze. “No,” he said. His voice was low and did not waver. “No deals.”
Helen glanced at Rick, then back at Bo. “I’m going to forget I heard that, Bo, and give you time to discuss this deal with your counsel.”
“We’ll get back to you,” Rick broke in, stepping in front of Bo so that he didn’t have to look at Helen anymore.
“Let me hear from you no later than the day of the arraignment,” Helen said. “Knowing Susan, she will have this case in front of the grand jury within a week. There’s not a doubt in my mind that the grand jury will issue an indictment, and the arraignment will be scheduled a few days later. You have some time, Counselor, but not much. If Bo pleads not guilty at the arraignment, there won’t be any more deals coming from my office.”
“You thinking trial in late September?” Ray Ray asked.
Helen smiled again, turning toward him. “Why, Ray Ray, I almost forgot you were over here. You were so quiet during the hearing.”
Ray Ray smiled his Joker grin. “I’m a sneaky bastard, Helen. Plus I think all you’ve got here is a first-rate frame-up. Ain’t no way a jury in this county is going to believe that Bocephus Haynes would convict himself with that crock you introduced today.”
“A frame-up?” Helen asked, her voice high and filled with glee. “How much are you drinking these days, Ray Ray?”
“Not as much as your ex,” Ray Ray said, his grin widening. “Butchie boy likes the good stuff.” He paused, lowering his voice. “He sure appreciates you maintaining his lifestyle for him.”