“It was my son, Shane, and I that went.”
“Did Mr. Tait disappoint when he spoke about his experiences?”
Audrey shook her head vigorously. “No. Not at all. It was fantastic.”
“Did he say anything that disturbed you?”
She hesitated, looking nervously at Kyle and Jennifer.
Helen stepped between them, breaking the line of sight between Audrey and the Taits. “Did he say anything that disturbed you?” she repeated.
Audrey exhaled and made eye contact with the prosecutor. “Like I told you the other day, my son is a little impulsive. He asked Kyle if he’d killed anyone on his trip home…”
Kyle’s mind instantly flashed back to his first Sunday home. He’d spoken for about thirty minutes at the town meeting and was answering questions when an impish boy of about twelve had questioned him about killing people. Kyle had intentionally left out any mention of the shootout in Colorado while speaking, but asked point blank about it, he had been caught off guard and his vague answer had clearly given the impression that he had taken a life. Afterwards, he’d wished he’d just said ‘no’ and moved on. He hadn’t provided details, other than to say his own life had been on the line, but the damage was done, enough to make people look at him just a little differently.
“And?” Helen asked, prodding.
“Well, he didn’t come right out and say it, but the implication was pretty clear that he did. Even my twelve year old got that. It bothered me when he said it, but how can I say if it was wrong or right? I don’t know…”
“Thank you, Mrs. Welch. I don’t need your interpretation of Mr. Tait’s intentions. I just needed to know what he said about killing people on his way home. So, to summarize, Mr. Tait tacitly admitted, in front of the town, that he killed in order to make it home, correct?”
Boyd stood. “I object your honor. Leading the witness.”
Gabe, wide-eyed, looked nervously at Don, his co-judge. “Boyd, I’m not sure what to say, exactly, but I was there. I don’t think she’s making Mrs. Welch say anything out of line. Perhaps on your cross you can clarify things.”
Helen looked back at the witness. “Did he admit to killing, or not?”
“He didn’t say those words that I remember, but I took it as an admission.”
“Thank you. Nothing further.”
Boyd stood, but didn’t move towards the witness. “Did he say the words ‘I killed x number of people?’”
“No, he did not say the words ‘I killed someone.’”
Boyd hadn’t been at the meeting she was referring to and hadn’t been able to question Kyle about it, so was unsure how far to push the questioning, so he thanked the witness and sat down.
Helen smiled as she stood back up. “I now call Steven Lee as a witness.”
Kyle’s heart skipped a beat when he heard the name. Jennifer noticed his distress and gestured for an explanation, but he just closed his eyes and stared at the floor.
After Mr. Lee was sworn in, Helen began her questioning. “How do you know the defendant?”
“I’ve worked the guard shift at night with him for a few weeks.”
“Do you get along?”
“Yeah. Haven’t had any problems. He’s been a good guy to work with.”
“Did you work the night of the murder?”
“Yes.”
“Did you see anything unusual that night?”
Steven hesitated. “I’m not sure. It didn’t seem like it at the time, but with everything that happened, there might be more to it.”
“What do you mean by that?”
“Well, that night I had a job similar to Kyle’s, patrolling the interior, but in a different section. It was kind of cold, and I was heading back to the militia house to warm up when I saw movement up by a house. I had my gun out and had him raise his hands before he identified himself. It was Kyle.”
“Why do you find this unusual? I’m sure that situations like that happen on occasion.”
“Yeah, it’s happened a couple times in fact. The thing that concerned me was, the next night I realized that it was his house that he was near when I saw him, where the body was found.”
An audible murmur came from the crowd.
“You’re saying you saw him by the front door of the house where the body was found, correct?”
Steven nodded sheepishly. “Yes. I suppose so.”
Helen paused and looked at the jurors, who were jotting notes. When they looked back up she asked a handful more questions, then returned to her seat.
Boyd stood for cross-examination. “That’s all very interesting. I wonder if you saw Kyle go to the house?”
Steven shook his head. “No. I just saw him by his house. I was just walking down the street, keeping an eye out for stuff.”
“Did you see him with a body?”
“No.”
“Did you hear a woman’s voice?”
“No.”
“Did you see the victim’s horse?”
“No.”’
“Did Kyle seem nervous?”
“No, not especially. Maybe just a little startled when I spotted him.”
“Did he have blood on his hands, or his pants down? Anything that would indicate he had just committed or was preparing to commit a murder?”
“No. If the body hadn’t been found there, I probably wouldn’t have thought about it again. It wasn’t until after the girl was found that it stood out to me.”
“Are you sure it was the night of the murder that you saw Kyle near his house?”
Steven nodded. “I am. Kyle usually has the patrol along the river, not the interior, but he was late getting to work that night. So I’m positive it was the night in question.”
Boyd asked a few questions about the work they did at night, then, finding no other fruitful veins to explore, excused the witness.
The prosecutor next called a string of witnesses, which included the girl’s father, the man who had found the body, two other militia members who had worked the night the girl disappeared, a neighbor Leah had spoken to about her new boyfriend, and a teacher from Leah’s childhood. The prosecutor concluded just after sunset, having artfully painted a tragic picture of an innocent girl cut down by a heartless opportunist.
CHAPTER 18
Wednesday, January 25th
Deer Creek, MT
Small pellets of snow fell quietly to the ground, but inside the metal court building the pellets hit the roof with the volume of a tropical monsoon unleashed. Don Anderson, the Clinton mayor, was forced to shout to be heard over the ruckus when he opened proceedings for the day. “Thank you for coming,” he bellowed to the crowd, which was larger than it had been the day before, with people sitting in their own camp chairs wherever they could find space. “We will proceed according to the schedule announced yesterday. The defense will now present their case. Mr. Kelly, the time belongs to you.”
The defense’s case would be followed by closing statements if time permitted, then, once they concluded, the jury would be sequestered until they reached a verdict. Due to the nature of the situation and the lack of resources for sequestering a jury for an extended period, everyone involved in the trial had agreed that a four-fifths verdict would be acceptable.
Boyd stood and smiled at the jury. “Thank you, Mr. Anderson. I will call Mr. Kyle Tait as my first witness.” The din of the pelting snow drowned out his voice, but when Kyle stood and moved towards the witness chair the crowd became animated.
As soon as Kyle was ready to testify, Boyd moved close to the jury. Kyle and his attorney had talked yesterday after court and discussed his testimony and whether or not it was needed, but with no forensics or witnesses to make his case, they both felt it might come down to Kyle and his believability. His taking the stand was, both agreed, essential. They hadn’t had time to rehearse answers, but Kyle knew the direction Boyd was headed.
“Mr. Tait,” he began. “You’re here today to answer a charge of murder. Would you relate to the court and the jury what your criminal history looks like.”