At this point, Jack Hogan talked about motive. Pete Duffy was in real estate and had made a lot of money. But, the markets had turned against him and he had a lot of debt. Some banks were squeezing him. He needed cash. There was a one-million-dollar life insurance policy on Myra, and her husband was the beneficiary.
With great drama, and with the jurors absorbing every word, Jack Hogan said, “The motive was simply money. One million dollars, payable to Pete Duffy in the event of his wife’s death.”
Back to the facts: At the time of her death, Myra was preparing to meet her sister in town for a noon lunch. The front door was unlocked and slightly open. The alarm was in standby mode. The time of death was approximately eleven forty-five. Using a large diagram, Hogan explained that Pete Duffy was somewhere near the fourth or fifth hole on the North Course, about an eight-minute ride in a golf cart from their home.
Hogan paused and stepped closer to the jury. He said, “At that point, Pete Duffy left the North Course and sped away. His destination was his own home. He arrived around eleven forty and parked his golf cart near the patio. Mr. Duffy was right-handed, so like virtually all right-handed golfers he was wearing a glove on his left hand. A well-used glove. But as he entered his house by the back door, he did something strange. He quickly put a glove on his right hand. Two hands, two gloves, something never seen on the golf course. He disappeared inside, attacked his wife, and when she was dead he raced through the house, opening drawers and taking such things as jewelry and vintage watches and handguns. He made it look like a robbery, so that we would believe some unknown thief broke into the house with the intent to burglarize it and stumbled upon Myra, who, of course, had to be eliminated.”
Another long pause. The courtroom was deathly silent. Hogan seemed to enjoy the drama. He continued, “And how do we know this? Because there was an eyewitness, a young man by the name of Bobby Escobar. He worked at the golf course cutting grass and such, and at eleven thirty that morning he began his lunch break. Bobby is from El Salvador and he is an undocumented worker. He is here illegally, like so many others, but that does not change the fact that he saw Pete Duffy hurry into his home that morning.” Hogan touched his laptop and another aerial photo appeared. Using a red laser pointer, he said, “Bobby was sitting in the woods right here, about halfway through his thirty-minute lunch break. From where he was sitting, he had a clear view of the rear of the Duffy home. He saw Pete Duffy park his golf cart, put the second glove on his right hand, and hurry inside. A few minutes later, he saw Duffy emerge, in an even bigger hurry, and speed away.”
Jack Hogan walked to his table and took a sip of water from a plastic cup. Every juror watched him. He stuck both hands into his front pockets, as if it was time for a friendly chat. “Now, ladies and gentlemen, it is easy to criticize, even to condemn, Mr. Escobar because he is not supposed to be in this country. He came here seeking a better life. He left his family at home, and he sends money to his mother every month. But, he is here illegally, and this will be kicked about at length by the defense. They will attack him. He speaks little English, and when he testifies it will be through an interpreter. Please don’t allow this to cloud your judgment. He doesn’t want to testify. He’s afraid of courtrooms and those in authority, and with good reason. But he saw what he saw, and what he saw was an important part of this crime. He has no reason to lie. He didn’t know Pete or Myra Duffy. He wasn’t looking for trouble. He didn’t know she had been murdered. He was simply a lonely and homesick boy who was having a quiet lunch by himself in the woods, away from his fellow workers. He happened to be in the right place at the right time to witness something profound. It takes great courage for Bobby Escobar to come forward, and for him to testify in this courtroom. Please listen to him with an open mind.”
Jack Hogan sat down, and at that moment Theo could not imagine that anyone believed Pete Duffy was innocent.
Judge Gantry tapped his gavel and called for a fifteen-minute recess. Theo was not about to risk losing his seat, so he and Ike stayed put. Ike whispered, “Have you heard from Bobby?”
Theo shook his head. No.
Chapter 17
A month earlier, the identity of Bobby Escobar had been revealed during a closed-door hearing before Judge Gantry. Jack Hogan had kept his name a secret until the last possible moment, but the rules of procedure required that all witnesses be named before the trial. Judge Gantry had delivered a stern lecture: Any unauthorized contact with Bobby would result in harsh penalties. Tampering with a witness was itself a crime, a serious one, and Judge Gantry would not hesitate to punish anyone who tried to intimidate him. The judge’s comments were specifically aimed at Clifford Nance and his defense team, and at one point Nance had objected by saying, “Your Honor, with all due respect, you seem to be implying that we would engage in criminal activity. I find this offensive.”
To which Judge Gantry replied, “Take it any way you want, Mr. Nance. But no one says a word to this boy, okay? I’ll be closely monitoring his situation.”
The police moved Bobby to a secret location and gave him security around the clock. He had limited access to his friends and family. He went to work each day at the golf course with a cop in plainclothes nearby.
It took Theo almost a week to find out where he was staying. Julio spilled the beans one day during recess at school. Julio said Bobby was even more frightened and wished he’d never come forward; said he was painfully homesick and worried about his mother back in El Salvador. She was ill and wanted him to come home. He was threatening to disappear into the vast underground that brought him to Strattenburg in the first place. He wished he’d never found the job at the golf course. Theo urged Julio to convince his cousin to stand firm, be brave, and all that, but even Julio was having second thoughts about getting Bobby involved. He said it was easy for Theo to believe in doing what’s right and to believe in justice the American way. But Theo didn’t understand what it was like living illegally, unwanted, afraid all the time, unable to speak the language, and constantly worried about being arrested and deported. Bobby didn’t trust the police because they spent a lot of time rounding up illegals and putting handcuffs on them. Sure, they were being nice to him now, but what about life after the trial?
Watching Jack Hogan, and hearing Bobby’s name tossed around the courtroom, Theo was having second thoughts of his own. He was responsible for finding Bobby and getting him involved.
Things would get worse.
When court was called to order, Judge Gantry said, “Mr. Nance, you may make an opening statement for the defense.”
Nance rose importantly and strolled across the courtroom to the jury box. As usual, he began with a bang. Loudly, and with great drama, he proclaimed, “Bobby Escobar is a criminal. He violated the laws of this great nation by illegally crossing our border for economic gain. He has been living here, illegally, while enjoying the benefits of our country. He has a job, one to which he is not entitled, while many of our citizens remain unemployed. He has three meals a day, while ten million American children go to bed hungry every night. He has a roof over his head, while half a million Americans are homeless. When he is sick, he is allowed to go to our hospital for excellent health care, courtesy of the taxpayers.” Nance stopped and walked to the other end of the jury box. He glared at the jurors, then continued, “Why is he not in custody? Why is he not being deported back to El Salvador? The answer, ladies and gentlemen, is because Bobby Escobar has cut a deal with the police and the prosecution. He’s figured out a way to stay in this country, and not only stay here but to live here without fear of being arrested. He has become a star witness in this case. He will take this witness stand, and when he does he will say anything the police and prosecution want him to say. And after he testifies, he will not be arrested, he will not be deported. Why? Because he has cut a deal. In exchange for his bogus and unreliable testimony against my client, Mr. Pete Duffy, he will be treated differently from all other illegal immigrants. He will be given a special status, that of immunity. Immune from deportation. Immune from the punishment that our law says he deserves. He will be protected by the police and prosecution while they scramble around and try to find him a work permit, perhaps even a green card. Who knows, perhaps they’ve even promised him the fast track to US citizenship.” Another pause as he walked to the other end of the jury box. All jurors watched him closely. He spread his arms and said, “Ladies and gentlemen, let’s not be fooled by a desperate man. Bobby Escobar will say anything to avoid prosecution. He’ll say anything to stay in this country.” He looked into the face of each juror, and slowly walked back to the defense table.