"I have to think."
"Let's go, Donna," Jesse said and Donna followed her parents into the courtroom.
Peter and Gary were already at their counsel table.
Gary noticed Donna and grinned. He had been iiset when she was not in court. Peter walked over to the bar of the court and motioned toward Donna.
"I thought over your idea about investigating for me.
There are a few things I'd like you to do "Oh, Peter," Donna said excitedly.
"Look, I don't have any time now, but Becky told Judge Kuffel that she only has one short witness before she rests her case. Kuffel in send the jurors home whe II WI she rests, then hear motions. I think I'll be done by noon. Why don't I drive out to the farm after lunch. I'll make copies of all the investigative reports'. You can read them over and we can talk about it tonight."
"That would be great."
III The ha' 'if called the court to order and Donna and Peter took their seats just as Becky O'Shay recalled Dennis Downes to the stand.
"I have one more matter I want to discuss with you, Sergeant Downes," O'Shay said, after the judge re minded the policeman that he was still under oath.
O'Shay handed Downesa plastic evidence bag.
"Do you recognize the item of evidence marked State's Exhibit 76 that is contained in this plastic bag?"
Yes."
"What is it?"
"It's a Crusader's Cross on a chain."
"A necklace?"
"Yes, ma'am."
"Who owned this necklace?"
"We established that this medallion was Sandra Whiley's good luck charm. She was last seen wearing it by one of the bartenders at the Stallion shortly before she left the bar around eleven-twenty."
"Was she still wearing the necklace when her body was discovered?"
"No. There was a bruise on Miss Whiley's neck that was consistent with a narrow object like the chain on the necklace being torn off forcefully."
"Where was the necklace found?"
"In a bush near the entrance to Wishing Well Park."
"Was the necklace damaged in any way when it was found?"
"The clasp had been broken in a manner consistent with the necklace having been jerked off of the victim while she was wearing it."
"How many people knew that Miss Whiley was not wearing the necklace when she was found?"
"Not many. It would only be the police at the scene, the medical examiner.
Not all of the officers saw the body or learned about the discovery of the necklace."
"So very few people would know that the necklace had been ripped from Miss Whiley's neck when she was killed as opposed to being removed from her neck by the police when her body was discovered at the well?"
"Yes, ma'am."
"What conclusion would you draw as an experienced law enforcement officer, if you learned that Gary Harmon told someone that Sandra Whiley's killer had ripped a necklace from her just before he murdered her?"
Peter objected to the question and Judge Kuffel sustained his objection, but Downes's answer did not matter. The jury had heard Kevin Booth's account of Gary's confession and they were going to wonder how Gar y could possibly have known that Sandra Whiley's Crusader's Cross had been ripped from her neck just before she was killed. Peter was wondering about that too when Becky O'Shay told the judge. that the state was resting its case.
Chapter TWENTY-FOUR
The defense case was short and that worried Peter. He wondered if the jury would hold it against Gary that he was able to muster so few witnesses to speak on his behalf after so much testimony from the prosecution.
During the morning session of court Peter called several of the policemen who searched Gary's house to establish that no blood had been found on Gary's clothes.
He also called the bartender from the Ponderosa, who testified that he saw Gary around midnight on the evening of the murder and did not notice any blood on his clothes. Then, he called Elmore Brock, whose shaggy brown hair, smooth skin and blue blazer made him look like a student in a parochial school. Gary's face lit up when he saw Brock and he waved at the witness. Brock ing looked unsure about smiling back, but he did when Gary started to look upset.
"That's Mr. Brock," Gary told Peter excitedly "How are you employed, Mr. Brock?" Peter asked after getting Gary -to quiet down.
"I'm the school psychologist at Eisenhower High School here in Whitaker."
"Can you tell the jury your educational and professional background?"
Brock hunched over a little. He looked uncomfortable talking to the jury.
"I graduated from Portland State University with a B.A. in psychology. Then, I obtained a master's degree from the University of Oregon in special education.
After I received my master's, I spent one year in Portland a t the Allen Center, a treatment facility with programs for preschool -through adolescence. When the school psychologist position at Eisenhower High opened up six years ago, I applied for it and I've been there since then."
"Mr. Brock, did you work with mentally handicapped children at the Allen Center?"
"Yes I did."
"Does Eisenhower High have classes for the mentally handicapped?"
"It does."
"What is the definition of 'mentally handicapped'?"
"Uh, I'd say it means that a person has diminished capacity to take in and organize new information and diminished ability to use the information. The negative effects of this condition can be seen in all aspects of the handicapped person's life and it affects his educational, social and vocational functions."
"Did you know Gary Harmon when he was a student at Eisenhower?"
"Yes, I did," Brock said, turning toward Gary and smiling at him warmly. Gary smiled back.
"Was he classified as mentally handicapped?"
"Yes."
"What is Gary's IQ?"
"Somewhere between 65 and 70."
"What is the IQ of an average, normal person?"
"One hundred."
"Would a person with an average IQ do well in college?"
"No. Most college students have IQ's in the range of 120.5'
"Mr. Brock, what is the difference between Gary and someone with an average IQ?"
"Well, if you looked at a photograph, it wouldn't show any difference, but if you talked to Gary you would notice several things after a while. Gary's speech is going to be slower and less distinct. His vocabulary will be significantly smaller. His coordination and fine motor skills will also be more awkward and less devel aped.
"Gary also functions in the here and now. He doesn't have the ability to make plans that extend very far into the future and the plans he does make are going to be vague and may be unrealistic."
Peter shot a quick look at Gary, but he showed no reacting on during this clinical discussion of his intelligence level.
"What classes did Gary take in school?"
""They were special education classes designed to give Gary living skills and vocational skills. He also received e very basic education in mathematics, E English and sam n other subjects; that normal children study."
J "Did Gary have an individualized education plan?"
"Yes. He trained to be a janitor and he worked at the college with the janitorial staff while in high school."
"Was his work as a Janitor satisfactory?"
"Definitely," Brock answered enthusiastically. Gary sat up straight and smiled proudly. "Gary works very hard at any task you give him. It took him a while to catch on, but Gary never stops trying to learn a skill."
"Did Gary do any work for you?"
"Yes. He was always asking me if he could help me around the office. I usually told him no, because most of the work was too complicated for him, but I did have him Xerox items on occasion and he was great at stuffing envelopes."
"I did good work for Mr. Brock," Gary said.
"May I have a moment, Your Honor?" Peter asked.