Twisted
piety.
“Please go on, Mr. Abrego.”
“And I stopped in the Starbucks with Mr. Hartman and we got some coffee and sat outside. Thenhe asked a couple of people if they’d seen Valdez, ’cause he hangs out in Starbucks a lot.”
“Do you know why the defendant wanted to see Valdez?”
“He wanted to give him this game he bought for Valdez’s kid.”
“What?” the widow, behind Tribow, whispered in shock. “No, no, no . . .”
“A present, you know. Mr. Hartman loves kids. And he wanted to give it to Valdez for his boy.”
“Why did he want to give Mr. Valdez a present?”
Abrego said, “He said he wanted to patch things up with Valdez. He felt bad the man had those crazy ideas about him and his wife and was worried that the boy would hear and think they were true. So he thought a present for the kid’d break the ice. Then he was going to talk to Valdez and try to convince him that he was wrong.”
“Keep going, sir. What happened next?”
“Then Mr. Hartman sees Valdez outside his store and he gets up from the table and goes over to him.”
“And then?”
“Ray waves to Valdez and says, ‘Hi,’ or something like that. ‘How you doing?’ I don’t know. Something friendly. And he starts to hand him the bag but Valdez just pushes it away and starts yelling at him.”
“Do you know what they were yelling about?”
“Valdez was saying all kinds of weird stuff. Like: ‘I know you’ve been seeing my wife for five years.’ Which was crazy ’cause Valdez just moved here last year.”
“No!” the widow cried. “It’s all a lie!”
The judge banged his gavel down, though it was with a lethargy that suggested his sympathies were with the woman.
Tribow sighed in disgust. Here the defense had introduced a motive suggesting that Valdez, not Hartman, might have been the aggressor in the fight that day.
“I know it wasn’t true,” the witness said to the defense lawyer. “Mr. Hartman’d never do anything like that. He was really religious.”
Two references to the archangel Raymond C. Hartman.
The lawyer then asked, “Did you see what happened next?”
“It was all kind of a blur but I saw Valdez grab something—a metal pipe or a piece of wood—and swing it at Mr. Hartman. He tried to back away but there was no place for him to go—they were in this alley. Finally—it looked like he was going to get his head cracked open—Mr. Hartman pulled out his gun. He was just going to threaten Valdez—”
“Objection. The witness couldn’t know what the defendant’s intentions were.”
The lawyer asked the witness, “What, Mr. Abrego, was your impression of Mr. Hartman’s intention?”
“It looked like he was just going to threaten Valdez. Valdez swung at him a few more times with the pipe but Mr. Hartman still didn’t shoot. Then Valdez grabbed his arm and they were struggling for the gun. Mr. Hartman was yelling for people to get down and shouting to Valdez, ‘Let go! Let go! Somebody’ll get hurt.’ ”
Which was hardly the reckless behavior or heat ofpassion that Tribow had to show in proving the manslaughter count.
“Mr. Hartman was pretty brave. I mean, he coulda run and saved himself but he was worried about bystanders. He was like that, always worrying about other people—especially kids.”
Tribow wondered who’d written the script. Hartman himself, he guessed, it was so bad.
“Then I ducked ’cause I thought if Valdez got the gun away he’d just start shooting like a madman and I got scared. I heard a gunshot and when I got up off the ground I saw that Valdez was dead.”
“What was the defendant doing?”
“He was on his knees, trying to help Valdez. Stopping the bleeding, it looked like, calling for help. He was very shaken up.”
“No further questions.”
On cross, Tribow tried to puncture Abrego’s testimony too but because it was cleverly hedged ( “It was all kind of a blur. . . .” “I’m not sure. . . .” “There was this rumor . . . .” ) he had nothing specific with which to discredit the witness. The prosecutor planted the seeds of doubt in the minds of the jury by asking again, several times, if Hartman had paid the witness anything or threatened him or his family. But, of course, the man denied that.
The defense then called a doctor, whose testimony was short and to the point.
“Doctor, the coroner’s report shows the victim was shot once in the side of the head. Yet you heard the testimony of the
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