The Alligator Man (21 page)

The judge just looked at Kevin and smiled. “Are you sure you know what you’re doing? Because these jurors are not going to like it if these allegations turn out to be hogwash.”

“I understand, Judge. I’m willing to take that risk.”

“Well, Mr. Wylie,” the judge said, “I knew you were going to come up with something to make this trial interesting. You’re an experienced criminal lawyer, so I have to assume you know what you’re doing and the danger you are exposing your client to if these allegations are not proven. Having said that, I’m going to overrule the objection and allow you to make the arguments you want to make. Ms. Truluc, I know that I did not give you the opportunity to speak. Would you like to put an objection on the record?”

“Yes, Your Honor. These tactics by Mr. Wylie are not only irrelevant, but I believe they are specifically designed to confuse the jury.”

“You may be right, Counselor. Mr. Wylie has already confused me. I’m going to allow him to continue, however.”

Kevin walked back to the podium and Jeanette took her seat. Having gotten the green light from the judge, he tried to create some drama for the jury—a mystery that they could anticipate solving—something to keep their minds open and searching for answers.

“As I said, Roy Johnson left Gladestown a month before a massive drug bust in 1982 and started a major energy company, Dynatron. Where did he get the money to start that company? Was he the confidential informant in that drug bust? And here is some further evidence for you to consider: Randy Winters, whom I have subpoenaed to testify in this case, was arrested by the police in 1982 and spent over twenty years in prison as a result of the confidential informant’s tip. He was released from prison on April fourth, 2005,
six days before Roy Johnson was killed
.” Kevin spoke in a deep voice to emphasize the last part of that sentence.

He scanned the faces of each juror. They were listening. They weren’t necessarily buying, but they were listening. That’s all he needed at this point.

“And now let’s skip to 2005. You are going to hear from an FBI agent, Harvey Booth, who is going to tell you that Roy Johnson was under criminal investigation at the time of his death, an investigation that began before Johnson left Dynatron.

“So, Roy Johnson left Gladestown in 1982 when the FBI was investigating drug trafficking in that town and just before arrests were made. And he left Dynatron in 2005—with a boatload of money, I might add—when the FBI was investigating both him and his company, and the company went belly-up a year later.

“As I said to you in the beginning of this conversation, this is not a simple narrow case of dates and times involving William Fuller. There was somebody with a much greater motive to kill Roy Johnson than William Fuller and the twenty thousand other employees of Dynatron whose lives were destroyed by Mr. Johnson.

“As I discussed with every one of you during jury selection, the State has the burden to prove its case beyond a reasonable doubt. The defendant has no burden to prove anything. You as jurors, however, need to listen to all the facts, not some narrow, concise, little package of facts that fit into the State’s theory of the case, but
all
the facts. If there is a reasonable doubt as to who had the greater motive and opportunity to kill Roy Johnson, then you must acquit Mr. Fuller.”

K
evin stayed in the courtroom over the lunch break and worked. He hardly ever ate during trial days, surviving mostly on snacks.

There were some good things about Jeanette’s opening. She laid out her case so well that he had a pretty good idea who was coming and what they were going to say. Although the order of witnesses could change, the first day was probably set with Sylvia Johnson, the grieving widow, as the opening act followed by Carlisle and probably Freddie Jenkins who, potentially, was the most important witness in the case.

Sylvia Johnson was not the typical distressed widow coming into court to testify about the murder of her beloved husband. The jury already knew that she had married a snake and there was at least a hint already that this marriage had been more about money than love. Kevin wanted to cement that point a little more but he had to be careful. She was still a widow, and a beautiful one at that.

Judge Thorpe called the proceedings to order at exactly one thirty. He had given the jury some extra time for lunch since it was the first day of testimony. Sitting in a courtroom all day, listening to lawyers and witnesses and the judge drone on and on, was a difficult task.

“Call your first witness, Ms. Truluc.”

“Your Honor, the State calls Sylvia Johnson.”

The bailiff left to retrieve the witness from the witness room and returned moments later.

Sylvia Johnson did not disappoint. She wore a black dress extending almost to the tops of her knees. However, it was snug enough to reveal her ample bosom and her firm figure. Her blonde hair was pulled back in a bun, showing the fine features of her face and neck. Kevin once again regretted his decision to pick
eight men
as jurors.

Jeanette took her through her paces, sticking to the facts as she laid them out in her opening. There were a few opportunities for drama, as when Sylvia described waking up and realizing that her husband had not come to bed.

“I almost started to panic right then,” she said. “The worst fears go through your mind.” Her eyes welled up. Kevin checked the jury. They were listening.

He reminded himself he had to be careful when it was his turn, although he needed to get something.

“Cross-examination, Mr. Wylie?”

“Thank you, Your Honor.”

Kevin walked to the podium, which was now facing the witness rather than the jury.

“As I understand your testimony, Mrs. Johnson, you married your husband a little over two years ago, correct?”

“That’s correct.”

“So that was after he had bailed out of Dynatron and received a hundred-million-dollar golden parachute, correct?”

“It was after he had left the company. I don’t know what his severance package was.”

“Really?”

“Really.”

“You did know he was wealthy, though, didn’t you?”

“He was the chief executive officer of a major company. Yes, I knew he was wealthy.”

“Had Dynatron gone under before you were married?”

Jeanette was on her feet. “Objection, Your Honor. Relevancy.”

“What does this question or any of the other questions you’ve asked so far have to do with any issue in this case, Mr. Wylie?” the judge asked.

They pranced her in here as the grieving widow. I oughta be able to take a few shots at her,
Kevin wanted to say.

“I’ll withdraw the question, Your Honor.”

“Fine. Let’s move along.”

Kevin could see this cross-examination was getting him nowhere. The jury had enough information to make its own conclusion about Sylvia Johnson. He decided to let her go.

“I have no further questions, Your Honor.”

Jeanette had no follow-up questions.

“Call your next witness,” the judge barked. He was getting impatient already.

“The State calls Carlisle Buchanan.”

Jeanette started Carlisle’s testimony off with his boat ride into the swamp and his initial discovery. She then took him through the second excursion with Vern Fleming and established the chain of custody for the pieces of black cloth and silk shirt and Roy Johnson’s wallet found in the swamp. When she had introduced those items into evidence, she had some further questions of “Professor” Buchanan.

“Do you spend a lot of time out on the water, Mr. Buchanan?”

“I’m out most days. Been on the water my whole life.”

“In and around Gladestown?”

“Yes, ma’am.”

“Have you seen a lot of alligators?”

“Yes, ma’am—hundreds if not thousands.”

“Have you ever seen an alligator kill anything?”

“Sure. I’ve seen dogs get snatched, otters, birds—you name it.”

“How about humans?”

“I’ve never seen it, but I know it happens. More humans are killed by alligators than sharks.”

“When an alligator kills an animal, does it kill it for food?”

Kevin was on his feet. “Objection, Your Honor, Ms. Truluc is asking expert testimony from this witness, but she has not established that he is an expert, nor has she tendered him as an expert.”

Kevin did not want to make the objection. He had some expert questions of his own to ask Carlisle now that he was a witness. However, he needed to put objections on the record so he would have a basis for appeal in the event Billy was convicted.

Like everybody else, Judge Thorpe seemed to be enjoying Carlisle’s testimony. He was resting his head in his right hand, leaning over, listening intently, when Kevin raised his objection.

“Overruled, Mr. Wylie. The witness is testifying from his own experience. You can continue, Ms. Truluc.”

Jeanette repeated her question.

“Usually,” Carlisle answered. “Like all animals, an alligator will kill if it is threatened as well.”

“How does it kill?”

“You mean the method?”

“Yeah.”

“It rips and thrashes and tears the limbs apart.”

Kevin saw some of the jurors wincing. Jeanette was being very effective with Carlisle.

“Let’s say it kills an otter. Does it eat it right there and leave the remains?”

“No. Alligators have what’s called gator holes. They take whatever they kill back and store it in the gator hole.”

Professor Buchanan went on like that for another hour, telling the jury about the ecosystem of the Everglades and the drought that year and how hungry the gators were. And—over Kevin’s strenuous objection—what probably happened to Roy Johnson.

“They probably ripped him limb from limb and stored his remains in dozens of gator holes.”

“Would that account for why there are no remains of Roy Johnson?”

“That and the Burmese pythons.”

“What are the Burmese pythons?”

“Objection, Your Honor. Again, this is a fact witness, not an expert. Counsel is asking for an expert opinion.”

“Overruled.”

“There are thousands of pythons in the Everglades now. They swallow things whole. There was a picture in the
Miami Herald
last year of a python that died trying to swallow an alligator whole. Pythons are like vacuum cleaners. If any part of Roy Johnson got away from the gators, a python probably sucked it up. That’s why there are no remains.”

Jeanette ended her questioning after that statement.

“Cross-examination, Mr. Wylie.”

“Thank you, Your Honor.” Kevin stood at the podium and looked at Carlisle, who gave him a smile of recognition. Carlisle was one of the few witnesses who was not a prosecution witness or a defense witness. He was there to tell the truth.

“You know the water around Gladestown like the back of your hand, is that correct?”

“I’d say that’s accurate.”

“Are there other people in Gladestown who have your knowledge of the water and the ecosystem and the alligators?”

“Oh, sure, tons of them. We are a fishing village.”

“Do you know Randy Winters?”

“I know who he is.”

“You know he was in jail for twenty years for marijuana smuggling?”

“Yes, sir.”

“Does he presently live in Gladestown?”

“Yes.”

“Is he one of those people who has knowledge of the water, alligators, and how things work out there in the swamp?”

“Definitely. He was a fisherman his whole life. That’s why he was such a good smuggler.”

“How about Bobby Joe Sellers? Do you know him?”

“Again, I know who he is.”

“You know he was in jail for quite a number of years for marijuana smuggling?”

“Yes, sir.”

“Does he presently live in Gladestown?”

“Yes.”

“Is he one of those people who has knowledge of the water, the alligators, and the swamp?”

“Yes.”

“So if Randy Winters or Bobby Joe Sellers hit somebody with an automobile and knocked them into the swamp, they would have the same knowledge about what would happen to that body as you, wouldn’t they?”

Jeanette was on her feet before Kevin finished the question. “Objection, Your Honor. This is pure speculation. It has nothing to do with the facts in this case. And it is beyond any expertise this witness has.”

“Sustained,” Judge Thorpe bellowed as he looked directly at Kevin.

“Your Honor, may I be heard?” Kevin asked.

“No, you may not, Counsel. I have ruled. You can take the issue up with the appellate court, but I will tell you now—stick to questions within the rules of evidence and don’t attempt to make a mockery of this courtroom.”

Kevin was livid. “May we approach, Your Honor?” he asked politely.

“Come on.” Thorpe knew what was coming.

When everybody was there, including the court reporter, Kevin let him have it. “Your Honor, I am moving for a mistrial, and I am requesting that you remove yourself from this case because of your obvious bias and contempt for me. A man is on trial for murder here, and your blatant attack on his lawyer’s motivations and competence in front of the jury is highly prejudicial. On the other hand, you let the prosecution treat this man as an expert witness without qualifying him.” Kevin wanted to add a few other choice adjectives but he stopped right there.

Judge Thorpe didn’t even consider giving Jeanette a chance to say anything. He ripped right back into Kevin.

“The only one digging a hole for your client, Mr. Wylie, is you. You’ve got so many theories going on in this case you don’t even know what they are. I know what you’re doing and Ms. Truluc knows what you’re doing. You’re trying to confuse the jury. You’re asking questions you know are objectionable and don’t need to be answered. The question creates the confusion. That’s unethical, Counsel, and I’m not going to allow it in my courtroom. Your motion for a mistrial is denied as is your motion for me to remove myself. And if you continue in this vein, I’m going to hold you in contempt. Now get back there and start asking proper questions.”

If nothing else, Kevin had just established a good appellate record. And his question was out there before the jury.

“I have no further questions, Your Honor,” Kevin said when he reached the podium.

“Redirect, Ms. Truluc?”

“No, Your Honor.”

“The witness is excused. It’s approximately four forty-five so I think we’ll call it a day.”

The judge instructed the jury about not talking about the case with one another or anybody and not watching the news or reading the paper before he dismissed them to return to their hotel.