As Time Goes By (31 page)

“Yes, I'm familiar with that story.”

“Wasn't his first name Steven?”

“Yes, it was.”

“Well, when Dr. Clifton was on that other phone last week, as he was getting off I heard him say, ‘Good-bye, Steven.' ”

S
traight from his dinner with Heidi Groner, Jon drove to Delaney's apartment. It was ten o'clock. He listened as she told him that she thought Josie Mason had been set up to be Alan's alibi for the night his father died.

“It makes sense, doesn't it, Jon? That way, he's pretty much in the clear.”

“It does make sense,” Jon agreed, “but of course it means that someone else other than Alan committed the murder. Now let me tell you what I found out today.”

Delaney listened. “You mean that Dr. Clifton is selling illegal drugs?” she asked.

“Most likely he's selling prescriptions for
legal
drugs. There are pharmacists who know a doctor is writing too many scripts, but they don't report it or ask any questions. The people who are getting these prescriptions filled, the addicts, are paying cash. It's a big moneymaker for the doctor and the pharmacist.”

“But none of that would give Scott any reason to kill his former partner.”

“No, it wouldn't,” Jonathan admitted. “Unless tomorrow Tony Sharkey can come up with something more than saying he saw a black Mercedes, I don't think his testimony helps Betsy Grant.”

“And the prosecutor and Maynard will be doing their closing arguments on Friday and the case will be going to the jury,” Delaney said as her eyes filled with tears.

Jonathan put his arm around her. “Hey, Delaney, I'm surprised at you. You've reported on so many trials. I can't believe you let yourself get so emotionally involved in this one.”

It was time to tell him. “Jon, how would you feel if you just found out Betsy Grant is your mother?”

O
n Thursday morning, the trial resumed. The courtroom was packed with press and spectators as the judge came out and ordered the jurors to be brought into the room.

After they were seated, the judge turned to the jurors and said, “Ladies and gentlemen, I told you on Monday that the attorneys would be presenting their summations to you this morning. On Tuesday, it was brought to my attention that, due to additional developments, the defense counsel wished to reopen his case. I am going to allow him to do that.

“It is my understanding that a person who has not previously testified will now be called. His name is Tony Sharkey. He lives in Moonachie. If anyone knows this person, please raise your hand.” The judge paused. “Okay, good, no one knows him. Mr. Maynard will also recall Carmen Sanchez, who has previously testified, and Betsy Grant, who has previously testified.

“Ladies and gentlemen, Mr. Maynard will question these witnesses and then Prosecutor Holmes will cross-examine them. When these witnesses are finished, Mr. Maynard will rest his case again and we will recess until tomorrow morning, when the attorneys will argue their summations to you. After that, I will instruct you on the law and then you will begin your deliberations.

“Mr. Maynard, you may call your first witness.”

“Thank you, Your Honor. The defense calls Tony Sharkey.”

Tony Sharkey looked around the courtroom as he entered through the holding cell door. He was wearing a suit and tie that Maynard's associate had hastily purchased for him. He was escorted by sheriff's officers on either side of him. After being sworn in, he stepped onto the witness stand and sat down.

Maynard began his questioning by asking Tony about his age, his address and his employment as a window washer. “Mr. Sharkey, when and where was the first time that I met you?”

“Tuesday. In the can. The jail.”

“Were you arrested in Saddle River the previous evening?”

“Yeah. I got caught doing a break-in. The cop saw me on the balcony.”

“Did you go to the police station after that?”

“Yeah. That's when I talked to a detective. Told him I got some good info for him.”

“Did the police, at your request and with your consent, go to your apartment in Moonachie?”

“Yeah. I told them to go there. They took my key.”

“What were they looking for?”

“I told them that a bracelet I took from the Grant house in Alpine last year, the same night as when the doctor got whacked, was under a loose tile in the bathroom.”

Betsy visibly grimaced as Tony spoke of her husband being “whacked.”

“Mr. Sharkey, I am showing you a bracelet that has been marked as Defense Exhibit 10. Is this the bracelet that was under that tile?”

“Yeah, no doubt. Look at the initials. TG and BG. They brought it back to the police station and the detective showed it to me.”

“What did you tell the detective?”

“I told him that I didn't think that this little lady killed her husband. I told him that I took the bracelet that night. Before I went in, I seen a black Mercedes—right next to the house—hauling out of there.”

“What time was it?”

“Two, maybe two thirty in the morning. I wondered what the hell that was all about.”

“What happened next?”

The jurors sat mesmerized as Tony related how he had been there as a window washer, had tampered with the alarm and had taken the bracelet.

“Mr. Sharkey, why did you only take one bracelet from the safe?”

“When I do a job, I just take one, maybe two good pieces. Then the people in the house don't realize that anyone's been there. When they realize it's gone, they don't call the cops 'cause they think they forgot to put it back where it should be. That way, they don't report it to the police and have them crawling all over the house looking for fingerprints.”

“Mr. Sharkey, have you been promised anything for your testimony here today?”

“Nope. I'm getting zilch from the prosecutor. You told me that the lovely lady here would let bygones be bygones about me taking the bracelet.”

“Your Honor, I have no further questions.”

“Cross-examine, Prosecutor,” said the judge.

“Mr. Sharkey, isn't it a fact that you have six prior felony convictions?”

“Yeah. I ain't proud of it. My mother sure ain't proud of it.”

“And you know that the judge will instruct the jury that they can consider those prior convictions when they evaluate the credibility of your testimony, in other words whether they believe you.”

“Yeah I know. I been through this before.”

“Mr. Sharkey, when is the first time you met me?”

“Early Tuesday morning. You looked real pleased to meet me.”

“And you told me some of what you said here today, correct?”

“Right.”

“But when I asked you to describe the car you supposedly saw fleeing from the home, you wouldn't tell me. Is that correct?”

“That's the truth.”

“As a matter of fact, you demanded that I promise you probation for your testimony before you would say any more. Is that correct?”

“Yeah. I figured that was fair if I'm gonna come in here.”

“And I told you, based upon what you had said, that I am not promising you anything except full prosecution for the attempted burglary in Saddle River, and full prosecution for the burglary of the Grant home, even if Mrs. Grant now forgives you because you're trying to help her get off on this murder charge. Is that correct?”

“That's pretty much it.”

“Mr. Sharkey, you say that you stole this bracelet in March of last year. Correct?”

“Yeah. That's when it happened.”

“Mr. Sharkey, I went through some of your previous sentencing reports. Is it not true that you have a severe gambling addiction and work somewhat sporadically for the window-washing companies?”

“I won't deny that I go to Atlantic City whenever I got some cash. I work at window-wash places whenever they have jobs for me. They ain't the busiest places.”

“Then, if you're short on money, why did you hang on to this bracelet all this time? Why didn't you fence it and get thousands of dollars for it?”

“Because I figured I might find myself in a bind like I'm in now. I figured I could use it to get some time off my sentence.”

“So you are here just trying to help yourself. Correct?”

“Sure. But I'm telling it straight about what happened.”

“But if you hadn't been arrested in Saddle River the other night, you wouldn't be here all worried about Betsy Grant, would you?”

“No, I can't say I would be. But I always felt bad for her since she was arrested.”

“Mr. Sharkey, you have no proof that you were in the home that exact night, do you?”

“No but add it up. I window-washed the two days before. I know the company sent you that info. And I got the bracelet. And check that alarm. It's older than I am. Anybody could get around it.”

“And you just happened to see a mystery car fleeing the scene?”

“No mystery. It was dark. I told you what I saw.”

“Your Honor, I have no further questions.”

Tony slowly left the witness stand with the sinking feeling that it hadn't gone well. Robert Maynard had the same feeling.

“Call your next witness, Mr. Maynard,” the judge said.

“The defense calls Carmen Sanchez.”

Carmen walked from the entrance door slowly up toward the witness stand. The judge told her that she had been previously sworn in and was still under oath. Maynard took her through her account of the dirt on the rug and how she had helped Betsy look for the bracelet.

Elliot Holmes then began cross-examination.

“Ms. Sanchez, let's talk about the supposed dirt on the rug. You pride yourself on being a meticulous housekeeper. Correct?”

“If you mean do I clean good, yes.”

“And you say that you saw dirt on the rug the morning that the doctor was found dead?”

“Yes. But I was so upset.”

“But you say you had cleaned and vacuumed this area the day or two before?”

“Yes. That's why I was so surprised.”

“Ms. Sanchez, you are very close to Betsy Grant. Correct?”

“Yes. She is always good to me.”

“And you care about her a great deal, correct?”

“Yes. Yes. Very much.”

“And she was arrested for the murder of her husband within two weeks of his death?”

“Yes. I was so sad.”

“And you knew that she was alone in the house with her husband that night, correct?”

“Yes. I knew that.”

“But you believed that someone else did it, correct?”

“Yes. Yes.”

“So that would mean that someone came into the house during the night, correct?”

“I guess. I don't know what happened.”

“And it never occurred to you to talk about this dirt on the rug that might have been left by the unknown intruder?”

“No. I don't know why. I don't know. I only really thought about it when I did my testimony. But the judge said just answer the question.”

“But even after that, you said nothing to Mrs. Grant or to Mr. Maynard until Mr. Sharkey suddenly popped up two days ago, correct?”

“What do you mean by popped up?”

“I mean you said nothing until Mr. Maynard learned about Mr. Sharkey two days ago.”

“No. I don't know why. I was embarrassed that maybe I missed the dirt when I vacuumed the day before.”

“Ms. Sanchez, let's move on to a different topic. You say you helped Mrs. Grant look for this bracelet over a long period of time. Correct?”

“Yes. We could not find it.”

“But you don't know when it was stolen, do you?”

“No.”

“I have no further questions, Your Honor.”

Robert Maynard stood up. “Your Honor, I now recall Betsy Grant.”

When she was seated on the witness stand, he spoke gently. “Mrs. Grant, this is your bracelet, isn't it?”