Rich Blood (Jason Rich #1)(83)

“All I agreed to do was tell the truth.”

“That’s not my question, Mr. Pike. My question is that you hope your testimony today leads to a better plea offer, right?”

Pike glanced at the prosecution table. “Yes, sir.”

Jason took his time walking to the jury railing before turning back to the witness. “And you’re currently being charged with capital murder, isn’t that correct?”

“Yes, sir.”

“And so, today, if you say the ‘right’ things”—Jason used his fingers to make quotation marks upon uttering the word right—“you could save your life, couldn’t you?”

“All I’m supposed to do is tell the truth.”

Jason retrieved the criminal background document from the evidence table and held it out in front of him, looking at the jury. “And it’s your testimony that you’ve done that.”

“Yes, sir, it is.”

Jason smirked and looked at Pike. Then he shook his head. “No further questions.”



There was a short recess after Waylon Pike left the stand. Jason walked out of the courtroom and into the bathroom. He went into a stall, locked the door, and took a deep breath. Then, making sure to not make a sound, he flexed like he might be Arnold Schwarzenegger. Then he beat his chest a couple of times with his fist and shadowboxed the interior of the stall. Finally, he exited the enclosure and walked to the sink. He splashed water on his face several times and looked at himself in the mirror. It was the first cross-examination he’d ever conducted in court, and he was tingling with excitement and fear.

He thought he’d done well but knew he couldn’t be sure. As he came out of the restroom, he tried to calm his breathing. He saw Izzy, who’d watched from the back of the courtroom. She sidled up next to him and whispered into his ear.

“That was fantastic, Jason Rich.”

He exhaled with relief as she squeezed his arm. “Thank you.”

“Now what?”

Jason took in another breath of air. “We brace ourselves.”





65


Knox Rogers had warned Jason that the first day of trial for a defendant, whether it was a criminal or a medical malpractice defendant, was always the worst. “You just have to sit there and take it. And like Professor McMurtrie used to tell us at Alabama, ‘Don’t ever let them see you sweat.’”

Jason had Professor Thomas McMurtrie’s Evidence handbook on his shelf at the Birmingham office, and he’d brought it with him for this trial. He knew the great man, a legend in the state, had actually returned to the courtroom and hit a huge verdict after teaching for forty years. He’d also defended a couple high profile murder cases in his seventies before passing of cancer.

Jason concentrated on his breathing and remembered something his father liked to say. “A trial is a marathon, not a sprint.”

He touched his sister’s hand and whispered in her ear, “Hang in there.”



The state’s second witness was county coroner Dr. Clem Carton, who testified that the cause of Braxton Waters’s death was three bullet wounds to his head. He further testified that the wounds were consistent with those caused by a 9 mm pistol. Finally, he opined that the time of Waters’s death was between 9:00 p.m. and 1:00 a.m.

Jason saw no reason to cross-examine Dr. Carton, so he passed the witness.

Next up was Sergeant Hatty Daniels, who was deliberate and methodical in taking the jury through her investigation and how it led to Waylon Pike and his subsequent confession. Daniels was still on the stand when Judge Conrad recessed for the day.

“Members of the jury,” he said, “we’ve made a lot of progress today. We will adjourn until nine in the morning. Remember to not discuss this case with each other or anyone else.” He then banged his gavel, and the bailiff led the jury out. As they were leaving, Russell Edmonson gazed at the defense table and smiled. Jana and Jason smiled back.

“He’s our only hope,” Jana said, speaking between her teeth.

Jason squeezed her hand. “All we need is one, sis.”





66


The following morning, Jason began to plant the first seeds of the defense’s alternative theory with Daniels.

“Sergeant, it took over a week for Waylon Pike to be apprehended, isn’t that so?”

“Yes, sir. Eight days to be exact.”

“And during that long time frame, you interviewed other possible suspects in the murder of Dr. Waters, correct?”

“No, that’s not correct. We didn’t interview anyone else we viewed as a suspect.”

“OK, let’s forget about technicalities. You took a statement from Trey Cowan, correct?”

“Yes.”

“And you did that because Cowan’s family had sued Dr. Waters for medical malpractice and lost, and you felt like Cowan might have a motive to harm Dr. Waters?”

“Well, I wouldn’t say—”

“Judge, I object,” Jason interrupted. “I’m entitled to a straight yes or no answer to my question.”

“Your Honor, Mr. Rich has asked a compound question,” Shay said in a commanding voice. “The witness should be allowed to explain.”

“I’m going to sustain Mr. Rich’s objection. The witness shall answer the question ‘yes’ or ‘no.’”