Disclaimer – I do not own any rights to the characters or trademarks of Perry Mason. This is intended strictly as a tribute to the series.
A/N – Due to a lack of reviews, and my own realization that I didn't quite take the time to write this last chapter as well as I should have, I have gone back and completely revised it. Please let me know what you think.
It was a sunny Californian morning on the Friday when the trial of Helen Carmichael began. Hamilton Burger, the District Attorney and an old courtroom rival of Perry Mason's, was handling the prosecution. Perry Mason, of course, was council for the defense. The Honorable Julie Green was presiding as judge.
Prosecution wasted no time in introducing the anonymous letter police had received as evidence. The letter stated in precise detail that the writer had overheard Helen Carmichael say she would kill Bill Anders, had overheard Helen Carmichael say she would use the letter opener she had once purchased for the deceased as a present, had overheard Helen Carmichael say she would insert the said letter opener into the deceased's heart, and had overheard Helen Carmichael say she would do this while the deceased was in his pajamas.
Lt. Tragg, the head of the L.A.P.D. Homicide Department, was the primary witness for the prosecution.
"When exactly did you receive the letter, which I have labeled Exhibit A?" asked Hamilton Burger. Lt. Tragg, in a clear and precise manner, stated the date. "And on what date was the body of William Anders discovered?" asked Burger. Lt. Tragg, in the same manner, recited another date. "I would like the court to note that the date the police received this letter and the date William Anders was discovered are exactly eight days apart, the former preceding the latter."
"Lt. Tragg, was there anything at the scene of the crime that can place Miss Carmichael, the defendant, at the scene at the time of the murder?"
"There was," said Lt. Tragg.
"Would you mind stating what this was?" asked Burger.
"Several things," responded Tragg.
"One at a time, lieutenant."
"First of all, there was a tube of lipstick," said Tragg.
"Exhibit B," said Burger. He showed a tube of lipstick to Tragg. "Do you recognize this, lieutenant?"
"Yes, I do," said Tragg. "That's the lipstick we found at the scene. It has Helen Carmichael's fingerprints. Miss Carmichael also identified the lipstick as her own."
"Was there anything else?" asked Burger.
"Yes, there was," said Tragg. "We found footprints outside of the deceased's home. They fit a woman's high-heeled shoe, size 8."
"Did you check the defendant's shoe size?"
"Yes, sir."
"Lt. Tragg, what was the defendant's shoe size?"
"Size 8."
"Was there anything else that might have indicated Miss Carmichael's involvement in the crime?" asked Burger.
"Yes, there was," said Lt. Tragg. "A key found on the defendant's person."
"Please explain," said Burger.
"There were no signs of break-in at the victim's home," said Tragg. "From this, we determined the victim either allowed the killer access to his house, or that the killer let himself, or herself, in. Since the victim was found in bed, and hardly dressed to answer his front door, we assumed the killer must have had a key to the house. Helen Carmichael had such a key."
"Thank you, Lt. Tragg. Your witness, Mr. Mason."
"Lt. Tragg, you stated that the tube of lipstick, which prosecution has labeled Exhibit B, was found at the scene of the crime. Isn't it possible that the lipstick could have been left there at some earlier date, before Bill Anders was murdered?" asked Perry Mason.
"No," replied Lt. Tragg.
"Why do you say that?" asked Mason.
"Because of the statement given by Mr. Anders' maid," said Tragg.
"These footprints you spoke of," said Mason. "Where exactly were they found?"
"By Anders' driveway. The opposite side from the house," said Tragg. "The ground was moist near the pavement."
"Which direction were the footprints heading?" asked Mason.
"Away from the house," said Tragg.
"Were there any footprints heading towards the house as well?" asked Mason.
"No, there were not."
"How do you explain this, lieutenant?"
"The person leaving the footprints may have traveled on the pavement towards the house," said Tragg.
"Doesn't it seem odd to you, lieutenant, that the killer could easily avoid leaving footprints by travelling on the pavement both to and from the house, yet traveled on the moist ground near the end of the drive opposite the house? How would you explain that, lieutenant?"
"The killer might have stumbled," said Tragg. "Lost her footing and ended up in the moist ground."
"Is it not also possible, lieutenant, that someone may have travelled on the moist ground deliberately, in order to leave the footprints you discovered?"
"Objection!" called Burger.
"No further questions," said Mason.
Hamilton Burger next called Dr. Charles Henika to the stand. Henika testified that death had been caused by a severe wound to the heart. The wound was caused by a sharp instrument, much like the letter opener Burger submitted as Exhibit C. Burger asked the court to note that this information fit with the information provided in Exhibit A.
"Dr. Henika," started Perry Mason. "Besides the lethal one, were any other wounds found on the victim?"
"Several," said Dr. Henika. "Slight scrapes and bruises, old scars..."
"I meant recent wounds, doctor," said Mason.
"The victim had received a blow to the head," said Henika. "The blow was relatively new, though it is hard to decipher precisely how fresh the blow was when the victim received the fatal wound."
"Assuming this head wound was caused by the same woman, or man, that caused the heart wound," said Mason. "Is there anyway to determine if the victim was concious when he received the fatal blow?"
"There is none," said Henika.
"Then perhaps the victim was not asleep when his killer entered as the police and prosecution suggested," said Mason. "Perhaps the victim was still awake, providing the need for the blow to the head before he was killed. Thank you, doctor. That will be all."
Burger re-examined Dr. Henika, this time asking him for an approximate time of death. Henika stated that Bill Anders was murdered some time between 6:00 P.M. and 9:00 P.M. Burger then re-called Lt. Tragg, who stated the police had informally narrowed the time to between 7:00 and 9:00 due to testimony from Anders' housekeeper.
Prosecution called Juana DeMarco to the stand.
"Senorita DeMarco," said Burger. "Would you mind telling the court what your relationship was to Mr. Anders?"
"Si, senor," said Juana, beneath tears. "I was his maid."
"About how long have you been Mr. Anders' maid?" asked Burger.
"Almost 4 years now," replied Juana.
"Senorita DeMarco," said Burger. "Have you ever seen this woman before?" He pointed to Helen.
"Si, senor," said Juana. "She was around Senor Anders' house quite a bit. A girlfriend, I think."
"Senorita DeMarco, did Anders have any peculiar habits that you were aware of?"
"I don't see how you mean."
"Like changing from clothes to pajamas at the same time every night?"
"Objection!" called Mason. "Completely irrelevant."
"Your honor," insisted Burger, "I believe this well soon become very relevant."
"Overruled," declared the judge. "Senorita DeMarco, was changing from clothes to pajamas at the same time every night one of Bill Anders' peculiar habits?"
"Si, senor. Senor Anders had me place his pajamas out for him at 6:30 every night. He would change into them at 7:00 and then loaf around in them until he retired to bed at around 8:30. The pajamas were always the same. Royal blue."
"Senorita, were you present at Anders' house on the Saturday he was murdered?" said Burger.
"No, senor," said Juana. "I never work on Saturdays. I made extra sure the entire house was clean on Friday night."
"While cleaning, did you happen to find a woman's tube of lipstick lying around?" asked Burger.
"No, senor," said Juana.
"Are you absolutely sure?"
"Si, senor," said Juana. "I would remember that. I do not think that
Senor Anders wore the lipstick."
"Is it possible that the lipstick may have been in a dark corner or under a dresser or somewhere that you might have missed?"
"No, senor," said Juana. "Senor Anders was extremely picky. I miss nowhere."
"Thank you, Senorita. That will be all."
Perry Mason declined cross-examining Juana DeMarco.
Burger called other witnesses that confirmed more or less what had already been stated. He then rested his case.
The case for the prosecution had been slim, but Perry Mason's case was equally mediocre. He called Kay Silvers, Natalie Culp, and Susan Cook as character witnesses. Each of them stated basically the same thing. Helen was just like family to them. She was excitable and short-tempered, but she was the baby of the family. She could never commit such a heinous crime as the one she was being accused of.
Burger cross-examined them by asking each to confirm Helen's relationship with Anders. They all admitted they knew of the fight and break-up between Helen and Anders, re-establishing motive for murder, but they all refused to admit they had ever heard Helen threaten to kill her boyfriend. Mason was glad Burger wasn't asking them any questions directly related to the letter the police had received. Hamilton Burger had no way of knowing Helen had told the three girls her plot that night on the train. That was Mason's one advantage. The Ace under his sleeve.
Neither side could present evidence that seemed at all conclusive before the trial was recessed.
> > > > > >
Back in Perry Mason's office, Mason, Della, and Helen were all sipping coffee and discussing the case.
"I don't get it," said Helen. "I kept worrying the D.A. was going to call me up to ask me about the letter, the way the police did. I was worried I'd have to lie. And I'm not very good at that."
"Oh, honey," said Della. "I thought you knew."
"Knew what?"
"Your constitutional rights," said Mason. "Against self- incrimination. You have the right to refuse giving testimony against yourself."
"I didn't know that," said Helen. "This whole time, I thought..."
"I'm sorry," said Mason. "As your council, I should have told you of that ahead of time. Hamilton might have asked you to reveal something you would regret telling the court. You would have had every right to refuse if he called you. But, as experienced as he is, Hamilton already knew that. That's why he was asking Lt. Tragg for information he would have much rather heard from you."
"What kind of information?" asked Helen.
"About the house key and the lipstick, for starters," said Mason. "Especially about that letter."
"That letter," repeated Della. "What are we going to do about that
letter?"
"We might not have to do anything," said Mason.
"What do you mean, Chief?" asked Della.
"The letter may not be the most pressing matter right now," said
Mason. "Remember, in this country, it's innocent until proven guilty. Hamilton Burger has to prove beyond a shadow of a doubt that you're guilty. That's going to be difficult with the little amount of evidence he has. We've just got to create reasonable doubt. The slightest possibility that the evidence against you is inconclusive and that you're truly innocent."
"I am!" cried Helen.
"We believe you, dear," said Della. "The problem is convincing the judge and jury," said Mason. "That may not be a problem at all. It's the physical evidence that I'm worried about. The lipstick and the house key. And possibly those footprints. I can show the court that those things are inconclusive, but I'm going to need to call you to the stand."
"All right," said Helen. "I can do that. After all, what do I have to lose?"
"Your right against self-incrimination," said Mason. "Like we just told you about. If I call you to the stand as a witness for the defense, Hamilton Burger will be able to ask you all the questions he wants during cross-examination."
Helen Carmichael's face suddenly showed fear and anxiety.
"What if I don't take the stand?" she asked.
"We may have nothing to worry about," said Mason. "As I said before, it's going to be hard for prosecution to build a case with the scant evidence on hand. Hamilton's relying heavily on that anonymous tip-off."
"And what's wrong with that?" asked Helen.
"Yeah," agreed Della. "What did you mean when you said that letter wasn't the most pressing matter we had to deal with right now?"
"It's anonymous," said Mason. "Anonymous doesn't carry much weight in court. There's no way to establish the reliabilty of the writer. Now, if the identity of the writer was revealed as someone who might be considered reliable, it might be something to worry about. I think that might be the only way for prosecution to win."
"Then I might not have to testify?" said Helen hopefully.
"Not if you don't feel up to it," said Mason. "I'd rather you did, though. Remember, it's one thing for the prosecution to prove you were plotting to murder Bill Anders and another thing altogether for the prosecution to prove you actually did murder Bill Anders. Do you understand?" Helen nodded. "If it seems to me in court that we really do need your testimony, I want you to take the stand, and I want you to tell the truth. Whether it's me asking the questions or Hamilton Burger, I want you to answer every question honestly. The truth, the whole truth, and nothing but the truth. Just like you swore."
"I understand," said Helen.
"Chief," said Della. "What happens if the writer of the letter does come forward?"
The look of fear and anxiety soon returned to Helen Carmichael's face. It graced the faces of the other two as well. The three silently went back to their coffee.
A/N – I'm not an expert in law. I'm going to try to make this as accurate as possible, but please forgive me if I don't get all the legal details right.
