A Knight at the Opera (14 page)

"Mr. Foote?"

Lenny marched up to the podium. "Judge, they have no claim. My client, whom I
will call Joyce since she and the plaintiff both have the same surnames, is the rightful owner
of the property. This is a ridiculous lawsuit. Thank you." He backed away from the podium
and returned to his seat next to Joyce at the defense table.

"Mr. Millpond, your first witness."

"I call Gretchen Markowsky." She stood up and lumbered toward the witness
stand.

The clerk said, "Do you solemnly swear to tell the truth, the whole truth and
nothing but the truth under penalty of perjury?"

"I do."

Millpond began, "Ms. Markowsky, are you familiar with Karl Markowsky?"

"He was my ex-husband. He died a week ago Saturday."

"Under what circumstance?"

She glared at Joyce. "Suspicious circumstances. Evidently someone drugged him,
and he fell to his death."

"And who do you believe drugged him?" he said.

Lenny jumped to his feet. "Objection! Lack of foundation. Lack of personal
knowledge."

The judge turned to Millpond. "Can you establish her basis for believing
someone drugged him?"

"Yes, your honor. Ms. Markowsky, how do you know he was drugged?"

"Everybody knows it. It was in the newspapers and--"

"Objection, Judge. Hearsay," Lenny said.

"Sustained."

Millpond looked annoyed, as though it was a bother to actually have to try one of
his cases. It was also clear from his perplexed frown that he didn't really understand the
rules of evidence. He stared for a while at the legal pad on the podium and finally said, "I'll
move on. Ms. Markowsky, did your ex-husband leave a will?"

"Yes. He supposedly left the house and a business interest to her." She pointed
an accusing finger at Joyce. "But I don't believe it. Not for one darned minute. He signed it
under duress."

"How do you know that?"

Lenny started to object, but then decided against it.

Gretchen said, "I just know it."

"And if Joyce Markowsky was involved in his death, or he signed the will under
duress, who is entitled to his assets?"

"By all rights, I am."

"Does Ms. Markowsky have a lease entitling her to live in this home?"

"No."

"Is she paying rent?"

"No."

"Are you asking the Court to make her move out of the house?"

"I sure am. We know she drugged him and left him at that opera to die."

"No more questions."

Lenny glanced back at me. I'd seen that look before. He was saying, "This is like
shooting fish in a barrel." Gliding toward the podium, he said, "Ms. Markowsky, the
decedent was your ex-husband, was he not?"

"That's right."

"Meaning he divorced you?"

"Those are your words, not mine."

He glanced down at a document he'd brought with him to the podium. "Well,
he's the one who filed the petition for dissolution of marriage, isn't he? In case
number--"

"He beat me to the courthouse, that's all. I wanted the divorce as much as he
did."

"All right. Who is the personal representative under the terms of your
ex-husband's will? It's Joyce, isn't it?"

"Yes," she growled, sounding like a vicious dog snarling at the mailman.

"There has been no determination in the probate court that she had anything to
do with Karl's death, has there?"

"Not yet. But there will be. We're going to prove she did it."

"Not yet," he said. "And you weren't a blood relative of your husband, were
you?"

"What do you mean?"

"I mean, until the divorce you were his wife, right? Not his daughter?"

"What kind of question is that?" she flared. "What are you insinuating?"

"I'm saying you're not one of his descendants, are you?"

"Oh. No, I'm not."

"Then if it turns out that his will is invalid for some reason, everything he left
behind would go to his children, wouldn't it, and not you?"

"I don't know."

"Well, he had two sons, didn't he? Children of your marriage to him?"

"What does that have to do with anything?" she demanded.

"I'm not here to answer questions, ma'am," Lenny said. "Your sons are the ones
who would inherit his property if somehow my client was disqualified as a beneficiary,
wouldn't they?"

"I guess so. Hell, I don't know."

"Very well, then. And you weren't there the night your ex-husband died, were
you?"

She said sullenly, "No."

"So you weren't at the opera that night?"

"No."

"You're not the opera type, are you, Ms. Markowsky?"

"No."

"And since you weren't there that night, you didn't actually see my client drug
Mr. Markowsky, did you?"

"Well, no. But I know--"

"Thank you, Ma'am. Let's talk about the will. You weren't there when your
ex-husband signed it, now were you?"

"No. But--"

"No buts, Ms. Markowsky. You weren't there. Right?"

She glared at him. "Right."

"And you don't know who else was there when he did sign it, right?"

"Right."

"And you don't know what he told his lawyer about--"

The judge spoke up. "Mr. Foote, I see where you're going with this, and I'll tell
both sets of lawyers. This isn't the probate court, and I don't have jurisdiction to decide
whether a will is valid or not. Nor do I have jurisdiction to decide whether the beneficiary
disqualification statute has been triggered. You gentlemen are in the wrong courtroom for
that."

"I fully agree with you, Judge," Lenny said. "I didn't pick the location. I just came
here to finish the dance." I was wondering about something Gretchen had said when her
lawyer was examining her, mostly because of a gesture she'd made when she said it, but I
couldn't signal to Lenny because he had his back to me. I should have known I didn't need
to worry. He turned to the witness and said, "Ms. Markowsky, just one more thing. You've
said several times this afternoon that 'we' are going to prove Joyce is responsible for Karl's
death, or words to that effect. Right?"

"Right. We are definitely going to prove that."

"Who is this 'we' you keep talking about?"

"Me and Larry--"

Millpond was on his feet. "Objection, relevancy."

"I'm nearly done, Judge," Lenny said. "I'd just like to find out about her
motivation."

"Overruled. Answer the question, Ms. Markowsky."

She clamped her jaw shut, as though signaling that she wasn't going to answer
any more of Lenny's questions.

But he was not to be dissuaded. "You were saying, you and Larry? Who is
Larry?"

She glanced at her lawyer and then at the judge, who simply stared back at her,
looking stern and impatient. Then, looking crestfallen, she said, "He was Karl's partner in
their accounting firm. One of his partners. We both suspect that Joyce drugged Karl that
night."

"And have you gone to the police with those suspicions?"

"We sure have!"

"Have any charges been filed against Joyce? Yes or no."

"No." Her lips were so tight the word barely came out.

Lenny smiled. "No more questions, Judge." He wheeled and returned to his
seat.

"Your next witness, Mr. Millpond?"

"That's it, Your Honor. We rest."

"And we move for dismissal at this time," Lenny said, jumping to his feet. "They
haven't proven a case. They haven't proved diddly squat."

The judge smiled. "I see you haven't lost your flair for words, Mr. Foote. I'm
inclined to agree with you. If I let this matter go forward, how many witnesses do you
have?"

"Just one. Mr. Larsen. And he won't take long."

"Then I think I'll withhold a ruling on your motion for the moment. Let's hear
what Mr. Larsen has to say."

I came forward and headed for the witness stand. After the clerk swore me in,
Lenny said, "Please state your name for the record."

"Adam Larsen."

"What is your business or occupation?"

"I'm a lawyer."

"Duly licensed in the state of Colorado?"

"I am."

"Are you familiar with the real property known as 137 South Glencoe Street in
Denver, Colorado?"

"I am."

"Have you been there?"

"I have."

"Have you had an opportunity to inquire as to the ownership of the
property?"

"I have."

"And what inquiries have you made?"

"The primary one was through the Denver Assessor's office."

"And what did you find?"

"Objection," Millpond called out with a smug smile. "Hearsay."

"I'm just laying a foundation for a document, Judge. The document itself will be
an exception to the hearsay rule."

"Then overruled, Mr. Millpond."

Milpond looked crestfallen.

Lenny continued, "Mr. Larsen what was the nature of your inquiry at the
assessor's office?"

"I got online and looked at the recording information for the most recent deed
affecting title to the property."

"Did you find that information?"

"I did."

"And what did you do next?"

"I went down and purchased a certified copy of the deed."

Lenny came over to where I was sitting and handed me a two page document.
"I'm handing you Defendant's Exhibit A. Is that the deed that you procured?"

"It is."

"And is it a true and accurate copy of the recorded document?"

"It is."

"Judge, I offer Exhibit A into evidence."

"Mr. Millpond?"

It looked like he wasn't going to object, but his client starting shaking her head
vigorously.

"I object. Hearsay."

The judge rolled his eyes. "This is a recognized exception to the hearsay rule.
Exhibit A will be admitted."

Lenny said, "Thank you, Judge. Mr. Larsen, looking at Exhibit A, who are the
grantees on this deed?"

"Karl Markowsky and Joyce Markowsky, in joint tenancy."

"And tell us what it means when property is in joint tenancy."

The judge said, "I know what joint tenancy is, Mr. Foote."

"I figured you did, Judge. I was just making a record."

"Let's keep this moving."

"Yes, sir. Mr. Larsen you've heard Ms. Gretchen Markowsky's testimony this
afternoon have you not?"

"I have."

"And do you agree that Mr. Markowsky is deceased?"

"Yes. I was there when it happened. He fell out of the balcony at the opera last
Saturday."

The judge said, "Gentlemen, there seems to be no doubt that Mr. Markowsky is
dead. Right, Mr. Millpond?"

"Right."

"And nobody has been charged with anything in conjunction with his death,
have they?"

"No," Millpond conceded, "but the police went out on Thursday and searched
her house,"

"And how would you know that?" Lenny asked aggressively, as though suddenly
plunging a knife into Millpond's chest.

He stammered, fumbling for the words. "I, we--"

The judge said, "I think I understand what's going on here and, I'll say it once
again, this isn't a matter for the county court. Mr. Foote, I see your point that Karl and Joyce
Markowsky were joint tenants of the property. Barring application of a statute that I don't
have the authority to apply, title automatically vested in Joyce Markowsky upon Karl's
death. I'm granting your motion to dismiss. Under the circumstances, you can apply for
your attorney fees under the 'frivolous and groundless' statute. I just may award them to
you." He banged his gavel on the desk. "We're in recess." He stood up and disappeared into
his chambers.

Gretchen stormed out of the courtroom, after taking a moment to give the evil
eye to both me and Joyce. She didn't bother with Lenny, and he looked almost disappointed
about it. For him, any limelight was better than no limelight at all.

Millpond quickly gathered up his stack of files. "This isn't the end of this," he told
us. "We're going to prove she killed him--or that it was suicide, and she won't get the life
insurance. Not one damn dime!"

Lenny smiled at him. "No, it isn't over, Mr. Millpond. You and your client are
going to pay our fees for today's outing. And if there's a round two, you'll be paying for that,
too." He raised his hand to his forehead in a salute. "Much obliged,
amigo
."

Millpond responded with an Anglo Saxon phrase one normally doesn't utter in a
court of law.

Joyce joyously hugged Lenny and then did the same to me. "Thank you both.
That was worth the price of admission."

"You won't know that until you see my bill," Lenny told her with a wink. He
knew full well he wasn't going to charge her for his time--and he knew I had already told
her that. "Nice seeing you, Adam." With another salute, he turned and strode out of the
courtroom.

The court clerk had retreated back to her office, so Joyce and I were left alone.
She asked, "What did that lawyer mean about suicide?"

"After a life insurance policy has been in effect for a year, it becomes
incontestable. If the insured dies within that first year, the insurance company can refuse to
pay the death benefit by proving he killed himself."

"I guess I knew that, although I didn't know it was one year. Now they're saying
Karl committed suicide?"

"Evidently, Gretchen is. It sounds ridiculous to me, but that's what her lawyer
was blathering about."

She frowned. "We're not done with Gretchen, are we?"

"No, I'm afraid not. You saw how she was behaving when she left. She isn't going
to give up."

"I guess you're right." A little smile spread across her pretty face. "But whatever
happens, I'll always cherish the way she looked when the judge dismissed the case."

When I reached the street outside the courthouse, I turned my phone back on.
Judges get angry if your phone rings during a trial. Jana was scheduled to see her doctor at
eleven. She hadn't called, so I called her.

Before I could ask any questions, she said, "How did the trial go?"

"No surprises. Lenny Foote was in fine form. The judge threw out the case. What
did your doctor tell you?"