Chapters (88)
The state’s case was well organized and methodical, and it seemed, at least by the end of the day on Thursday, October 17, 2015, rock solid. Sack Glover rolled out the same evidence that he had used at the preliminary hearing but with the added bonus of proving that the blood particles in Helen’s car matched Butch’s blood type and that hair matching the sample provided by Helen was discovered on the victim’s couch and robe. It was indeed CSI Pulaski, as Helen had called it, and when Dr. Malacuy Ward from the state forensics lab in Nashville was finished testifying, all the jurors were giving Helen the stink eye.
Once opening statements were delivered Tuesday morning, Sack had started his case with Gloria Sanchez’s testimony and Butch’s signed press release, both of which taken together confirmed that Helen had threatened to kill Butch if he revealed the abortion she had had in 1977. Bo objected to the press release as hearsay, but Judge Connelly let it come in when Sack said he wasn’t offering the letter for the truth but rather to show the victim’s state of mind. The prosecution’s next witness was County Coroner Melvin Ragland, who testified that the cause of death was two gunshot wounds from a .44 Magnum and placed the time of death between 9:00 p.m. and midnight on April 1.
The state’s final witness on Tuesday was Bonita Spencer, who established the defendant’s presence in the victim’s home at near nine or ten at night on April 1, 2015. When asked whether he wanted to cross-examine Ms. Spencer, Bo hesitated, glancing behind him to Lona, who glared at him with disapproving eyes, and then to Helen, who nodded.
“Your Honor, at this time we’d ask that we be allowed to defer cross-examination of this witness.” Bo was hoping to wait as long as possible to telegraph Booker T. as the defense’s alternative theory. Generally speaking, it wasn’t wise to waste the opportunity to cross-examine a witness, but Bo believed that the evidence of Booker T.’s truck being seen by Ms. Spencer would be equally as effective if presented as part of the defense case. And I owe it to Booker T. to hold out as long as possible.
This was the compromise he’d reached after his prayer session at the Bickland Creek Baptist Church on Sunday night, and Helen, who didn’t think the theory was that strong—“just because we can place Booker T.’s truck on the street doesn’t put him in the house”—agreed with the plan.
“Any objection?” Connelly snapped the question at Sack Glover, who gazed wide eyed at the judge and then at Bo.
“Uhhh, no, Your Honor,” he finally said, shaking his head as if he didn’t understand the maneuver.
“OK, Mr. Haynes. I’ll allow it.”