Cold Wind (40 page)

“Bud—what’s happened to him?” Joe asked, not sure he was convinced of Nate’s theory. “Why has he gone so crazy on us?”

“A man can only take so much,” Nate said, “especially a good man. His no-good kids abandoned him. His new wife cuckolds him, and then cheats him out of his ranch. And to add insult to all this misery, the new husband figures out how to make a killing on the land Bud had in his family for a hundred twenty years. They took away most of his dignity, and then they stomped on what was left. And for no good reason, because Bud was a good man who only wanted to support the community and pass along his ranch to his children. I can see where he went crazy. No one deserves what they did to him.”

Nate placed his fingertips on the grip of his .500. He said, “Not that I forgive him for it, or what he set in motion.”

Joe thought about it as he patrolled. “He seems to have gotten his kids back, though,” Joe said. “Bud Jr. and Sally. So there’s something.”

“I wonder,” Nate said.

 

 

On Tuesday,
Day Two of the trial, Dulcie Schalk and Marcus Hand gave opening arguments. Schalk pointed her finger at the defendant and outlined the prosecution case against with cool and unadorned efficiency:

Missy’s record of calls to Bud Longbrake begging him to help her take care of Earl Alden;

Her lack of an alibi for the approximate time of the murder;

Her motive—the fear Earl would soon divorce her;

The murder weapon found in her car;

Missy’s history with husbands and her pattern for ruthlessness;

Her apparent lack of remorse that included a brazen shopping spree just days after the tragedy.

She concluded her argument by softening her voice and addressing each member of the jury in turn. “This is not a complicated judgment. The defense will try their hardest to make it complicated. We’d like to welcome Mr. Hand and his team. They’ve come all the way from Jackson Hole to spend time with us in our little community, and to try and convince you that you really can’t believe your own eyes or your own ears. But don’t fall into that trap. Be wary of it. This is a very simple case. We’ll prove that Missy Alden is guilty. We’ll prove her motive, her opportunity, and her premeditated plan to execute her own husband. We’ll show you the murder weapon and prove that it was hers and that she used it on her husband. Don’t let all the smoke the defense will create in this courtroom confuse you. Sometimes, things are what they are. Simple as that. And you’re being asked to help us punish one of our own who has always considered herself above and beyond the law. Let’s show her she isn’t.”

“Wow,” Joe whispered to Marybeth when the opening argument was done. “Dulcie’s more brutal than I am when it comes to your mother.”

“Joe . . .”

“One thing, though,” he said. “I thought they had tapes of the calls between Missy and Bud, but she didn’t say anything about that. Apparently, they just have records of the calls being made.”

“Still . . .” Marybeth said, and let the rest of her thought trail off. Joe thought how tough it must be on his wife to see one of her friends indict her mother with such surgical precision. He wondered if she was getting doubts, but he didn’t ask her. Instead, he put his arm around her and kneaded her shoulder. She didn’t respond. Her muscles beneath her jacket were as tightly coiled as steel springs.

 

 

Hand’s opening was
surprisingly short and breezy, Joe thought. He conceded to the jurors that Missy was “kind of hard to like until you got to know her,” but that he’d prove to them beyond a reasonable doubt she’d been framed. He alluded to other explanations for the murder that would be revealed. Hand spoke smoothly, but with a lack of slickness that impressed even Joe. He gestured to Missy and urged the jury to put themselves in her place.

“Think about how you would feel,” he said to them, “if your ship finally came in and you were able to raise yourself out of your humble beginnings to a place you’d always dreamed of. And imagine if, when that finally happened, you were framed for a murder you didn’t commit. Imagine how you’d feel if the full force and weight of the government had decided to persecute you not only for what they say you did, but who they think you are?”

Hand stood in silence for a full minute, as if he’d choked himself up and couldn’t continue.

But he did. “Gentlemen and ladies of the jury, what you are about to see is the most classic case of tunnel vision I’ve ever encountered in a courtroom. The prosecution decided within minutes of the crime that my client was responsible. They didn’t look left. They didn’t look right. The government didn’t look
up
to see what other forces may have led to this tragic crime. They started with the conclusion and worked backwards, picking out every little thing they could find to fit the story they believed and didn’t even consider anything that didn’t fit into their perfect little box. The government wants my poor client’s head as a trophy on their wall, and they want mine right next to it. Nothing else matters to them. This isn’t smoke, folks. Just because we’ll introduce evidence that doesn’t fit into the prosecution’s perfect little box doesn’t mean it’s smoke . . .”

Joe watched Hand work. He felt the pendulum rock from the prosecution to the defense. And he noted that every time Hand said the word
government
he seemed to be talking directly to the unemployed city worker, and the juror, probably unconsciously, nodded in agreement.

Hand said he agreed with the government that the entire prosecution’s case rested on the testimony of one man—Bud Longbrake—even though Schalk hadn’t exactly said that. Joe noted that Hand didn’t even try to dispute the motive, the record of phone calls, or the rifle.

Then Marcus Hand thanked the jury for taking time out of their busy lives to see that justice would be done, and sat down.

Joe had been
the first witness called for the prosecution. Dulcie Schalk led him through the discovery of the body and dismissed him before they got to the arrest of Missy. Sheriff McLanahan had followed Joe and walked the jury through the rest of the day, culminating with Missy’s arrest. McLanahan was smug and countrified, but well rehearsed. A state forensics examiner was next, and Schalk prompted him through a PowerPoint presentation tying the murder weapon to the fatal wound, the ownership of the weapon to Earl and Missy Alden, and the fingerprints on the rifle to Missy.

A county clerk employee was the last witness called on Day Two, and the PowerPoint screen showed the jurors Earl’s official filing for divorce proceedings. Joe noted that Missy slumped to the side, head down, during that part of the presentation.

Marcus Hand declined to cross-examine any of the opening witnesses except for McLanahan, and he asked only one question: “Sheriff, did your investigation extend any further than my client?”

When McLanahan said there was no need to broaden the investigation, Hand rolled his eyes so the jury could see him and sat down, anticipating an objection from Dulcie Schalk and a rebuke from Judge Hewitt for his body language. Both complied.

The day ended as Hand asked Judge Hewitt for permission to recall both Sheriff McLanahan and game warden Joe Pickett to the stand later in the trial. Joe’s stomach clenched because he knew where Hand was headed.

Hewitt granted the request.

 

 

The morning of Day Three,
Missy sat small and prim, with her back to everyone, next to Dixie Arthur, one of Hand’s law partners from Jackson. Joe assumed Hand had chosen her to be at the table because she looked friendly, small-town, and approachable. The kind of woman who would never have been there if she honestly believed Missy was guilty. Arthur had a quick smile and a round empathetic face and she seemed to have become fast friends with Missy because the two whispered to each other with great frequency and familiarity. So far, she hadn’t asked any questions of the witnesses but seemed to be the keeper of the defense playbook, and she’d conference with Hand from time to time to, presumably, keep him reined in.

At the prosecution table was Assistant County Attorney Jack Pym. Pym was tall, solid, boyish, and not quite thirty years old. He was a Wyoming native from Lander who had played tight end for the Wyoming Cowboys football team prior to law school. Joe liked him, and since Pym was a fly-fisherman like Joe, they’d made plans several times to float the river but it hadn’t yet worked out. This was Pym’s first murder trial, and it showed. He seemed anxious and, like his boss, overly eager to take on the legendary Marcus Hand. Joe had observed Pym attempting to stare Hand down, as if he faced him across the line of scrimmage.

Bud Longbrake Jr. sat in the very back row with several of his colleagues whom Joe had seen outside the Stockman’s Bar that day, and his sister, Sally, was broken and shriveled in a wheelchair placed next to him in the aisle. Joe hadn’t seen Bud’s daughter for years and not since her accident, and he barely recognized her. She didn’t look back, and Joe assumed she was under medication. Shamazz did look back, defiantly, and Joe turned around.

“Odd they’re here,” Marybeth said, echoing his thoughts.

 

 

Both attorneys returned
to their desks and shared the result of the conference with the judge with their co-counsels, and Hewitt returned to his seat. Joe could see a stack of papers on the judge’s bench off to the side of his microphone. He recognized a manual deep in the stack as a copy of the Alaska hunting regulations. Joe smiled grimly, reminded that the trial would proceed quickly since the Dall sheep season would close in just over a week.

He noticed Marybeth, like the other spectators, kept turning and looking over her shoulder toward the double doors manned by the bailiff, Stovepipe. She was waiting for the first appearance of Bud Longbrake.

Dulcie Schalk prolonged the anticipation by calling a technician from the local phone company as her first witness instead of Bud. As she did, the air went out of the room. Joe half listened to the technician as he explained a call record list that was being shown on the screen, detailing the dates Missy’s phone called Bud’s phone and vice versa, and allowing himself to be led to the conclusion that the telephone conversations increased in frequency and length on the days leading up to the murder.

When the doors opened, even the phone company technician paused to look up.

Joe turned as well, but instead of Bud Longbrake, two of Marcus Hand’s investigators eased into the courtroom, surprised at the attention they’d drawn to themselves. Although they wore sport coats and ties, Joe thought both of the men looked rumpled and tired. Like they’d been traveling nonstop to get there.

Judge Hewitt was obviously annoyed and glared at Hand but didn’t admonish him. He waved at Schalk to continue questioning the technician, and as she did, the two investigators went silently up the aisle, heads down, trying hard but failing to be inconspicuous. Joe watched as they took seats directly behind the railing separating the defense table from the gallery, and leaned over the railing to whisper to Marcus Hand. The attorney rocked back in his chair, presenting his ear but not turning to them, and Joe tried to read Hand’s face as he heard the results of their trip to Chicago. Hand displayed no emotion but stared vacantly at a spot above the jury box while he listened. Joe couldn’t recall seeing anything like it before while court was in session, but then again he’d never been a witness or participant in a trial where the defense lawyer had a team of underlings to send out on the road. Jack Pym glared at Hand and the investigators, and Dulcie Schalk shot angry glances at them while she went through her list of questions for the technician. Joe saw a few members of the jury, the ex- city employee in particular, watch the exchange with interest.

When they were through, Hand turned to one of them and mouthed,
“You’re sure?”

Both investigators nodded. And for the first time, Hand let go a little smile before he settled back around and pretended to pay attention to the telephone company expert.

After Marcus Hand told Judge Hewitt he had no questions of the witness, Hewitt called for a twenty-minute break.

Behind them, Joe heard one of the Stockman’s Bar group tell another, “Bud’s here. Somebody saw him being taken into a room down the hall. He’s going to be called next.”

“How’s he doing?”

“He looks like hell.”

 

 

Marybeth left Joe
to be with her mother during the break. Joe milled around in the hallway with a dozen other spectators, listening with one ear to the speculation being offered and texting Sheridan that Bud was about to testify.

He pushed through the front doors and stood with the smokers for a few minutes, wrapped up completely in his own thoughts.

It was a crisp day, cool and clear, and he could see the peaks of the mountains had been dusted with snow overnight. The top of the stairs afforded a good view of the trees in town, most blushing with gold and red. The smokers on the steps were talking to each other about which areas they’d drawn deer and elk tags for, and how they were looking forward to hunting season. Someone joked about not saying too much in front of the game warden, and Joe smiled cryptically.