Baggy loved to say, “When lawyers have a weak case they do a lot more talking.”
Oddly, Lucien Wilbanks deferred his opening remarks until the defense put on its case, an option rarely exercised. “He’s up to something,” Baggy mumbled as if he and Lucien were thinking together. “No surprise there.”
The first witness for the State was Sheriff Coley himself. Part of his job was testifying in criminal cases, but it was doubtful he’d ever dreamed of doing so against a Padgitt. In a few months he would be up for re-election. It was important for him to look good before the voters.
With Ernie’s meticulous planning and prodding, they walked through the crime. There were large diagrams of the Kassellaw home, the Deece home, the roads around Beech Hill, the exact spot where Danny Padgitt was arrested. There were photographs of the area. Then, there were photographs of Rhoda’s corpse, a series of eight by ten’s that were handed to the jurors and passed around. Their reactions were amazing. Every face was shocked. Some winced. A few mouths flew open. Miss Callie closed her eyes and appeared to pray. Another lady on the jury, Mrs. Barbara Baldwin, gasped at first sight and turned away. Then she looked at Danny Padgitt as if she could shoot him at point-blank range. “Oh my God,” one of the men mumbled. Another covered his mouth as if he might throw up.
The jurors sat in padded swivel chairs that rocked slightly. As the gruesome photos were passed around, not a single chair was still. The pictures were inflammatory, highly prejudicial, yet always admissible, and as they caused a commotion in the jury box I thought Danny Padgitt was as good as dead. Judge Loopus allowed only six as exhibits. One would have sufficed.
It was just after 1 P.M., and everyone needed a break. I doubted that the jurors had much of an appetite.
The State’s second witness was one of Rhoda’s sisters from Missouri. Her name was Ginger McClure, and I had talked to her several times after the murder. When she realized I had gone to school at Syracuse and was not a native of Ford County, she had thawed somewhat. She had reluctantly sent me a photo for the obituary. Later, she had called and asked if I could send her copies of the Times when it mentioned Rhoda’s case. She expressed frustration in getting details from the District Attorney’s office.
Ginger was a slim redhead, very attractive and well dressed, and when she settled into the witness chair she had everyone’s attention.
According to Baggy, someone from the victim’s family always testified. Death became real when the loved ones took the stand and looked at the jurors.
Ernie wanted Ginger to be viewed by the jury and arouse their sympathy. He also wanted to remind the jury that the mother of two small children had been taken from them in a premeditated murder. Her testimony was brief. Wisely, Lucien Wilbanks had no questions on cross-examination. When she was excused, she walked to a reserved chair behind the bar, near the seat of Ernie Gaddis, and assumed the position as representative of the family. Her every move was watched until the next witness was called.
Then it was back to the gore. A forensic pathologist from the state crime lab was called to discuss the autopsy. Though he had plenty of photos, none were used. None were needed. In layman’s terms, her cause of death was obvious — a loss of blood. There was a four-inch gash beginning just below her left ear and running almost straight down. It was almost two inches deep, and, in his opinion, and he’d seen many knife wounds, it was caused by a rapid and powerful thrust from a blade that was approximately six inches long and an inch wide. The person using the knife was, more than likely, right-handed. The gash cut completely through the left jugular vein, and at that point the victim had only a few minutes to live. A second gash was six-and-a-half inches long, one inch deep, and ran from the tip of the chin to the right ear, which it almost sliced in two. This wound by itself probably would not have resulted in death.
The pathologist described these wounds as if he were talking about a tick bite. No big deal. Nothing unusual. In his business he saw this carnage every day and talked about it with juries. But for everyone else in the courtroom, the details were unsettling. At some point during his testimony, every single juror looked at Danny Padgitt and silently voted “Guilty.”
Lucien Wilbanks began his cross pleasantly enough. The two had hooked up before in trials. He made the pathologist admit that some of his opinions might possibly be wrong, such as the size of the murder weapon and whether the assailant was right-handed. “I stated that these were probabilities,” the doctor said patiently. I got the impression that he’d been grilled so many times nothing rattled him. Wilbanks poked and probed a bit, but he was careful not to revisit the damning evidence. The jury had heard enough of the cuts and gashes; it would be foolish to cover this ground again.
A second pathologist followed. Concurrent with the autopsy, he had made a thorough examination of the body and found several clues as to the identity of the killer. In the vaginal area, he found semen that matched perfectly with Danny Padgitt’s blood. Under the nail of Rhoda’s right index finger he had found a tiny piece of human skin. It too matched the defendant’s blood type.
On cross-examination, Lucien Wilbanks asked him if he had personally examined Mr. Padgitt. No, he had not. Where on his body was Mr. Padgitt scraped or scratched or clawed in such a way?
“I did not examine him,” the pathologist said.
“Did you examine photographs of him?”
“I did not.”
“So if he lost some skin, you can’t tell the jury where it came from, can you?”
“I’m afraid not.”
After four hours of graphic testimony, everybody in the courtroom was exhausted. Judge Loopus sent the jury away with stern warnings about avoiding outside contact. It seemed overkill in light of the fact that they were being hidden in another town and guarded by police.
Baggy and I raced back to the office and typed frantically until almost ten. It was Tuesday, and Hardy liked to have the presses running no later than 11 P.M. On those rare weeks when there were no mechanical problems, he could run five thousand copies in less than three hours.
Hardy set the type as quickly as possible. There was no time for editing and proofreading, but I wasn’t too concerned about that edition because Miss Callie was on the jury and wouldn’t be able to catch our mistakes. Baggy was hitting the sauce as we finished up and couldn’t wait to leave. I was about to head for my apartment when Ginger McClure strolled in the front door and said hello as if we were old friends. She was wearing tight jeans and a red blouse. She asked if I had anything to drink. Not at the office, but that wouldn’t stop us.
We left the square in my Spitfire and drove to Quincy’s, where I bought a six-pack of Schlitz. She wanted to see Rhoda’s house one last time, from the road, not too close. As we headed that way I cautiously inquired about the two children. The report was mixed. Both were living with another sister — Ginger was quick to tell me she was recently divorced — and both were undergoing intense counseling. The little boy appeared to be almost normal, though he sometimes drifted off into prolonged periods of silence. The little girl was much worse. She had constant nightmares about her mother and had lost the ability to control her bladder. She was often found curled in a fetal position, sucking her fingers and groaning pitifully. The doctors were experimenting with various drugs.