"Lieutenant Kauker, you were one of the officers who investigated Clifford Stuart's hospital room after his death, is that correct?"
"Yes, it is."
"Could you give the court some background information about this case and explain why Mr. Burgess is on trial for attempted murder and not the actual murder of the victim, Mr. Stuart?"
"This is an unusual case. Autopsy reports indicated that Mr. Stuart's cause of death was suffocation and marks on his throat were consistent with those you would typically see in someone who had been strangled or choked. However, evidence on the scene and the toxicology reports led us also to believe that Mr. Stuart had been drugged, not fatally, but in a suspicious manner."
"And you don't think that the person who drugged Mr. Stuart was the same person who strangled him?"
"No. According to the examiners that performed the autopsy on Mr. Stuart, the drug would have been in his system for at least a half an hour up to a few hours before he was strangled. Hospital staff who had been in his room between the time the drug would have been administered and the time of his death saw no visitors. We believe that there were most likely two visitors to Mr. Stuart's room that morning. It seems unlikely that one person would have given him the drug and then later came back to strangle him. Besides, Mr. Burgess has an alibi for the time of the strangulation. According to his co-workers, he had just returned to work from his lunch break when Mr. Stuart died."
"Let's just talk about the drugging, since this is what today's trial is about. What evidence did you find on the scene?"
"We found a hospital glass on his bedside with residue of the drug Lisinopril, a drug that Mr. Stuart had been prescribed by his physician, more residue on the counter across the room and empty broken pill capsules in the trash can."
"Were there any fingerprints on the glass?"
"Yes."
"Whose fingerprints did you find?"
"There were several. On the glass we found prints matching the member of the hospital staff who brought the glass into the room that morning along with other general supplies, the fingerprints of Mr. Stuart, and also Mr. Burgess's fingerprints."
"What about on the pill capsules? Did you find any fingerprints there?"
"Yes, but only partial prints. There wasn't enough to make a match."
"Thank you, Lieutenant."
"Ms. Ramsey, your witness."
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"Lieutenant, in your professional opinion, do you believe it would have possible for someone to put the drug into Mr. Stuart's glass without touching the glass or without leaving prints?"
"Yes, I believe it would be possible."
"Does the evidence suggest that my client couldn't have handled the glass, say to give Mr. Stuart a glass of water, without adding the drug to it?"
"No, it does not. That would be possible."
"When did you collect these fingerprints?"
"The day same day that Mr. Stuart died."
"How long did it take you to discover whose fingerprints they were?"
"Only a few days. We collected prints from everyone close to Mr. Stuart and everyone that he worked with, including Mr. Burgess."
"Then why did it take nearly three years to arrest, Mr. Burgess?"
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"We were investigating many avenues of this case and we were afraid that once we brought Mr. Burgess to trial for attempted murder, the details and information released about the case would hinder our case for the person or persons who later successfully murdered Clifford Stuart."
"So why now?"
"We learned that Mr. Burgess was about to leave town. If we didn't make the arrest before he left we might lose our chance."
"So you'd been watching my client?"
"Yes, ma'am. He was a suspect."
"Besides the fingerprints found in Mr. Stuart's hospital room, did you find any other physical evidence linking Mr. Burgess to this crime?"
"No."
"No further questions, your honor."
"Next witness."
"The prosecution calls Arthur Townsend."
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"Mr. Townsend, would you tell the jury about your occupation?" Mr. Sharp asked.
"I'm retired now, but I've spent the last 25 years running my own business, the Stuart-Townsend Corporation, which my late partner, Clifford Stuart, and I founded."
"Why did you retire?"
"Health problems forced me to resign my post as president of my company."
"Had you considered retiring before your health problems began?"
"Yes, I had planned to retire earlier, but Clifford's unexpected death made me change my plans."
"Why was that?"
"My late partner, Clifford, and I started our company from the ground up. We worked hard to get it to where it is today. Keeping it going strong is important to me and that meant choosing the right employee to take charge."
"Was the defendant, Mr. Burgess, one of the employees you considered to take over when you retired?"
"Yes."
"What kind of employee was Mr. Burgess while he worked for you?"
"A very good one. He was responsible, competent, dedicated to his job, and driven."
"Was there anything specific about Mr. Burgess or his performance at your company that made you wary of giving him the promotion?"
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"Youth and inexperience was the biggest weakness for Hector, as it was for all of my candidates. Specifically, I knew that Clifford was against giving Hector the promotion."
"And why do you think that was?"
"I know why he disliked Hector. He blamed Hector's father for the accident that killed his wife and I think he had problems looking past what had happened when he saw Hector."
"Did Mr. Stuart let that dislike show in any way, as far as you know?"
"I don't know. Clifford was professional, but he didn't try to hide the fact that he favored Andrew for the promotion."
"Do you think Hector was aware of that?"
"I think so, but I couldn't say for certain."
"How important would you say it was to Hector to be promoted?"
"I do know he wanted to the job. How badly he wanted it, I couldn't say."
"I have no further questions, your honor."
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"Ms. Ramsey, your witness."
"Mr. Townsend, you are a father, correct?"
"Yes, I have one child, my daughter, Eileen."
"And your daughter was previously engaged to my client, Mr. Burgess?"
"Yes, she was."
"How did you feel about the engagement? Did you approve?"
"Yes, I did give my approval. I thought it was a good match and I was happy for them."
"What characteristics did you see in Mr. Burgess that made you think he would be a good husband for your only daughter?"
"Since he had worked for me at my company for so many years, I knew that he was hardworking and responsible. He seemed like a nice, friendly person and I thought he would take good care of Eileen."
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"What was your reaction when you first heard the news of Mr. Burgess's arrest?"
"Shock, disbelief."
"Why disbelief?"
"I'd known Hector all his life I didn't believe he could have done something so terrible, especially to Clifford."
"Even though you knew Mr. Stuart was standing in the way of my client's promotion?"
"Yes."
"Did he ever show any signs of disliking Mr. Stuart?"
"No. He's always seemed personable towards everyone."
"In all of the time you've known Mr. Burgess has he ever shown any tendencies towards violence, a temper?"
"No, never."
"I have no further questions."
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"Mr. Sharp?"
"The prosecution calls Lawrence Arrendale." Once Lawrence had taken the stand and was sworn in, he asked, "Mr. Arrendale, how do you know the accused, Mr. Burgess?"
"We went to the same boarding school when we were children and later we both worked at the Stuart-Townsend Corporation."
"How did you come to work at the same company as the defendant?"
"Hector and I happened to run into each other on the street about three years ago. I was in need of a job, so he arranged an interview for me with his boss, Mr. Townsend."
"What business experience did you have before working at the Stuart-Townsend Corporation?"
"None."
"Did you have any education in business?"
"No, I wasn't able to further my education at the time, due to financial reasons."
"What job did you have when you first started working for the company?"
"I worked in the mail room."
"And now?"
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"I'm president of the company."
"Has Mr. Burgess received a promotion at all during the time you worked at the company?"
"No."
"So with no previous experience, you went from the mail room to the head of the company, while the defendant, who had been working at the company longer than you, is still at the same job he had when you joined the company. How did he take the news of your promotion?"
"Not well. He stormed out of the office when the news was announced and didn't return to the office until a few hours later."
"During the time you worked at the company did the defendant do or say anything to indicate whether or not being promoted was important to him?"
"Yes, from the beginning he made it clear to me that he wanted to take over Mr. Stuart's position when Mr. Townsend retired and after Mr. Stuart died, he was still interested in getting promoted."
"Exactly how did he make that clear to you?"
"He often talked about getting promoted and how things would be when he ran the company. On more than one occasion he mentioned that he helped me get the job because he thought having a friend in the company would help him get to the top."
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"Did Mr. Burgess ever do anything, that you know of, to make sure that he got promoted?"
"Yes, when I first started working at the company. I noticed some suspicious letters in the mail room that I traced back to Hector. When I confronted him about them he admitted that he was trying to sabotage one of our co-workers, Andrew Martin, who was also up for the promotion. I also believe he framed Andrew when some funds were missing from the company."
"How did you trace the letters back to Mr. Burgess?"
"The letters were addressed from Andrew, but were in Hector's handwriting. When I asked Andrew about them he said he didn't know anything about them."
"What information did the letters contain?"
"I didn't open them, but they were addressed to rival companies."
"I would like to note that the letters in question have been entered into evidence as exhibit D," Mr. Sharp said, before returning to his questioning. "According to what you've observed would you say that the defendant acted in a way that showed he was willing to ruin another man's career to get to the top?"
"Yes. I believe he would do whatever it took to get promoted."
"How would you describe the relationship between Mr. Burgess and Mr. Stuart?"
"I hadn't been at the company long before Mr. Stuart died. From what I saw, their relationship seemed to be strained, but professional."
"Thank you, Mr. Arrendale. I have no further questions, your honor."
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"Ms. Ramsey, you may cross examine the witness."
"Mr. Arrendale, you said you had no previous business experience before working at the Stuart-Townsend Corporation and you weren't pursuing your education, so what exactly did you do before you started working at the Stuart-Townsend Corporation?"
"I worked odd jobs. My last job was handing out promotional fliers."
"How much did the job pay?"
"Minimum wage."
"Were you happy with your work and the lifestyle you were living?"
"No, I wasn't happy with either."
"Would you say you are happy now with your current job and salary as company president?"
"Yes."
"You said that Mr. Burgess was interested in getting a promotion. Before you were voted company president, did you want to be promoted to the job, too?"
"I didn't think I was a candidate. I wasn't as experienced as Hector or Andrew."
"Putting experience or lack of experience and how likely or unlikely you thought the possibility was aside, did you want the job, were you interested in having it? Obviously you accepted the position when it was offered to you."
"Yes, I wanted the job. I was surprised and grateful when they offered it to me."
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"Do you have a girlfriend, Mr. Arrendale? Are you in a relationship?"
"Yes."
"Who are you dating right now?"
"Eileen Townsend."
"The same Eileen Townsend that was previously engaged to my client, Mr. Burgess?"
"Yes."
"How long have you been interested in Ms. Townsend?"
"Since the first time I saw her . . . when I first started working at the Stuart-Townsend Corporation."
"What was her relationship to Mr. Burgess at the time?"
"I didn't know it then, but I think they were dating."
"Then you first met her before they were officially engaged?"
"Yes."
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"So let me get this straight. When you started working at the Stuart-Townsend Corporation, my client, Mr. Burgess, was dating the woman you were interested in at the time and are currently dating, and he was a candidate for the job you currently have. Is that correct?"
"Yes."
"Were you ever jealous of him?"
"Perhaps. He was living the kind of life I wanted for myself. I can't say I wasn't at least a little envious."
"But now you have that life, the job, the girlfriend, and Mr. Burgess doesn't. Is that correct?"
"Yes."
"About this supposed sabotage. Do you have any evidence that Mr. Burgess tried to frame Mr. Martin for the stolen funds?"
"No."
"Did anyone else besides you know about the supposed sabotage or the letters you found before the trial?"
"No."
"Are you a handwriting specialist? Do you have any experience in analyzing handwriting samples?
"No."
"How did you determine whose handwriting was on the envelopes?"
"I compared the handwriting on letters that were in the mail room where I worked."
"You didn't have an expert look at them before you made your assumption and confronted Mr. Burgess?"
"No."
"I have no further questions."
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After Lawrence stepped down, Eileen was called to the stand and sworn in.
"Ms. Townsend, could you describe your relationship with Mr. Burgess to the court?"
"Hector and I had been friends for a long time. He lived next door to us for years and worked for my father. We were engaged briefly."
"Why aren't you engaged now?"
"I broke off the engagement when I found out that he killed, or did something that he thought killed, Clifford Stuart."
"What initially led you to believe that Mr. Burgess tried to kill Mr. Stuart?"
"I had been suspicious of him for awhile. I had a feeling . . . something just didn't seem to add up."
"What didn't add up?"
"First of all my friend Lucy, Clifford's daughter, said that no one had been to visit her father the day he died and Hector told me that he had been to see Clifford that morning. Then I met a nurse who had been on duty at the hospital when Clifford died. She said Hector had been to the hospital to ask her questions about Clifford."
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"What kind of questions?"
"She said he had claimed to be investigating the lawsuit against the hospital about Clifford's death and wanted to know if she saw anyone visit Clifford's room before he died."
"And that made you suspicious?"
"Yes. I didn't think Hector had any reason to investigate Clifford's death."
"So what did you do next?"
"I confronted Hector and asked him if it was true, if he killed Clifford and he admitted that he did."
"What happened when you confronted him?"
"I told him that I knew he had been to Clifford's room before he died and that he had been asking questions at the hospital about that morning. I told him that I knew he had killed Clifford. I expected him to deny it completely, but instead he just admitted that it was true."
"Did he say anything else?"
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"He said he realized that Clifford wasn't going to let him get promoted that there was nothing he could do to change his mind. He said he just panicked. Snapped was the word I think he used, and he said that he killed Clifford."
"And you believe his confession was sincere?"
"Of course. He was so upset. There's no reason for him to lie to me and confess to something he didn't do."
"How did you feel when you heard his confession?"
"Sick. I already knew that he did it, but I didn't want to believe it."
"Why didn't you want to believe it?"
"I'd known Hector most of my life. I trusted him. I almost married him. I didn't want to believe he could have done something so horrible."
"But now you do believe Mr. Burgess tried to murder Mr. Stuart?"
"Yes, I do."
"Thank you, Ms. Townsend."
"Your witness, Ms. Ramsey."
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"Ms. Townsend, were you previously enrolled in courses at Bay Pointe Community College?"
"Yes, one course."
"What was the course about?"
"It was a course in psychic phenomena."
"Could you be more specific, give the juries some examples of the specific topics you studied in this course?"
"It focused on honing psychic abilities, reading fortunes, past lives, things like that."
"And that's something you believe in, past lives, fortune reading?"
Mr. Sharp stood up, "I object your honor. What does the witness's personal beliefs have to do with the crime in question?"
"Your honor, Ms. Townsend's beliefs and state of mind is important to establish to her credibility as a witness and the validity of her accusations against my client."
"You may answer the question, Ms. Townsend."
"Yes, I do believe in the type of psychic phenomena described."
"You said that your initial suspicions about my client were based on a feeling you had. Do you often rely on feelings to make judgements?"
"Yes, but I also looked at the facts."
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"Ms. Townsend, are you the only one who heard Mr. Burgess confess?"
"Yes, as far as I know. We were at his house when I confronted him. No one else was there."
"When you agreed to marry Mr. Burgess, what was his occupation?"
"He worked for my father. He was a business executive."
"And your current boyfriend, Mr. Arrendale, what does he do?"
"He's now the president of my father's company."
"So you dated one man who seemed like he was getting ahead in the company for awhile and then started dating the man who is now the president?"
"No, well, yes, but their jobs didn't have anything to do with it."
"You say you broke off your engagement with my client after you confronted him about Mr. Stuart's death. When exactly was that?" |
"I don't remember the exact date, but it was in the fall, a little over a year ago."
"When did you go to the police with this information?"
"A few months ago. This last fall."
"So an entire year passed between Mr. Burgess' alleged confession and you reporting it to the police. Why did you wait so long? Did you have doubts about whether or not his confession was the truth?"
"No, I knew it was true. I was just afraid."
"Did Mr. Burgess threaten you in any way?"
"No."
"Then what were you afraid of?"
"I was- I was afraid the police wouldn't believe me, that I didn't have enough evidence. And I was afraid of the truth. I didn't want to believe it, I didn't want to be the one to get Hector arrested, but I had to tell the truth. Turning him in and telling what I knew was the right thing to do."
"Thank you, Ms. Townsend. I have no further questions, your honor."
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