The Death and Life of Gabriel Phillips (18 page)

“But when Brian got to the night of the murder, he almost started contradicting himself. He told how he woke up to the sound of Gabe screaming, ‘No, Daddy. Stop it, Daddy. No.’ You know the kid’s story better than I do, you know how it goes. When he gets to the part about running over to his closet, he never said anything about seeing John hit the Phillips boy, through the hole the two of them had bored in the wall. Chambliss almost had to spell that part out for the kid. The boy finally did say the words ‘I saw him do it,’ but he could barely get the words out. The tears started flowing and he began to stutter and stammer. I looked over to the two little hotshot attorneys at the table with me, and we all hoped the jury took Brian’s fumbling around as an indication of how upset he was because of what happened to his best friend, but who knows what they will think? When Chambliss said the words ‘your witness,’ I just knew that Edmonds would tear the kid apart,” Jackson said.

“So what happened?” Andy said.

“Nothing. Edmonds didn’t even cross-examine the boy. John leaned over and whispered something in his ear, just like he did when you testified, and Edmonds said, ‘No questions, Your Honor.’ That’s pretty much been the pattern through the first week of this thing. I would say the defense attorney has spent maybe twenty minutes combined cross examining all of our witnesses. He probably asked you more questions than he’s asked anyone, and even then he didn’t press. I really thought he would go after Loraine Phillips. I mean, come on, she’s the most bitter ex-wife I’ve ever met, including my own. But Edmonds barely asked her anything and even then he didn’t ask anything that really mattered. I don’t know what his strategy is, but whatever it might be, it sure as hell ain’t working,” Jackson said.

Now I would be lying if I told you Andy wasn’t relieved when he heard that the defense left Brian Paul alone. He’d tossed and turned several nights over the thought of what might happen to the boy when he testified. The case wasn’t nearly as strong without the kid. “What was Phillips doing while the boy was talking?” Andy asked.

“Not much. I think I saw him wipe away a couple of tears, but he didn’t break, if that’s what you want to know.”

“So what’s next?” Andy said.

“The prosecution’s finished. We saved Brian Paul for the last, sort of the icing on the cake. The judge sequestered the jury, so we wanted them to leave the courtroom for the weekend with the kid’s words ringing in their ears. The defense is supposed to get started on Monday. I’ve seen their list of witnesses. It’s pretty short. I bet the whole thing is wrapped up by the middle of next week,” Jackson said.

“What’s your read on the jury?” Andy asked.

“I’m not the expert people reader that you are,” Jackson said, “but I would say based on how the first week has gone, Phillips doesn’t stand a snowball’s chance in hell of walking away from this one.”

“That’s what I wanted to hear,” Andy said.

“Yeah, I know,” Jackson said.

T
ED JACKSON WAS RIGHT
. The defense didn’t take long, not in comparison to the prosecution’s case. From what Andy could gather from the bits and pieces of information on the news, and from the little bit he could squeeze out of Ted Jackson, all John’s attorney called were character witnesses. His pastor testified on his behalf, as did the prison chaplain and a few people from John’s church. One name piqued Andy’s attention. Ted mentioned that someone named Eli took the stand. Andy recognized the name as the same as the person to whom John was talking on the phone when Andy arrived on the night of Gabe’s death. However, he didn’t tell Ted or anyone else he recognized the name. It turns out that Eli was the inmate John nearly killed in the fight in the yard, then turned around and saved his life. From the way they described him on the news, Eli told quite a story from that day in the prison yard. I guess his point was that John would never hurt anyone, especially someone he loved. However, it had little to do with the night of Gabe’s death.

The defense rested late Monday afternoon with John testifying on his own behalf. Ted Jackson told him later that John never got too far away from his basic defense of “I didn’t do it. I have nothing to hide. God is my witness that I loved my son and would never harm him.” As for the testimony against him, he dismissed Angela Peters by saying that anyone who knows him knows he would never do anything like she described. He called Loraine a good mother, and said he could understand how her pain over the loss of their son pushed her to make up these accusations against him. And he showed his only hint of emotion when he addressed Brian Paul’s assertion that he had seen John kill Gabe. According to Ted Jackson, John said he did not know why Brian would make up a story like this. Brian, he said, was Gabe’s best friend and that he had always tried to be like a father to the little boy. John believed the child had to be confused because of the trauma of that night.

Reginald Chambliss didn’t spend too much time cross-examining John. His case was already so strong that trying to break John on the witness stand could work against him, especially if John didn’t break. Ted said, instead, Chambliss asked Phillips that if all these testimonies against him were inaccurate, why didn’t he press his attorney to more fiercely cross-examine them? John said, “The truth will always prevail,” or something like that. Chambliss followed up by saying, “Don’t you realize that your failure to challenge these witnesses only makes you look guilty.” John didn’t deviate from his script. He went back to saying, “I have nothing to hide. I am innocent. God will make sure the truth prevails.” Ted called it the weakest defense he’d ever seen, especially in a murder case.

Tuesday was filled with closing remarks from both attorneys and instructions to the jury. The jury started their deliberations on Tuesday, right after lunch. Andy took the rest of the week off so that he could be there when the verdict was read. He didn’t have to wait long. Wednesday morning at eleven, Ted Jackson called. “The jury’s done,” he said. “Court reconvenes at one, if you want to be there.”

“Does a cat have climbing gear?” Andy said. “Of course, I want to be there.” He hung up the phone, got dressed, and drove to the local liquor store to pick up a bottle of champagne with which to toast the victory. Returning home, he put the champagne on ice, parked his Impala, and drove his patrol car to the Harris County Courthouse in Adamsburg.

Andy arrived at the courthouse about ten minutes before one. He parked in the police lot and headed through the side entrance. In the hall outside of the courtroom, he ran into Rachel Maris. “So,” he asked, “what do you think are our chances?”

Rachel broke out into a big grin. “Nothing is ever a slam dunk because you never know what a jury will do, but . . . ,” she said, and made a dunking motion with her right arm.

“I hope so,” Andy said.

“You worry too much. Relax,” she said as she pushed the door to enter the courtroom.

“I’m trying,” Andy said as he followed her.

Rachel Maris took her usual spot in the front between the district attorney and Ted Jackson. Ted turned as she sat down and made eye contact with Andy as Andy looked for a seat. He smiled and waved. Andy gave him a nervous wave back. As he did, the bailiff walked in and said, “All rise.” At that, Andy ducked into a spot to his immediate left. He’d hoped to sit on the opposite side of the courtroom, where he could watch John’s face as the verdict was read, but this place would have to do. “Superior Court of Harris County, State of Indiana, is now in session. The Honorable George Houk presiding,” the bailiff said. After the judge took his place behind the bench, he said, “You may be seated.”

Andy took his seat on the aisle about eight rows behind John Phillips and Donald Edmonds. Edmonds was his usual dapper self, wearing an orange blazer and white pants. John leaned over to his attorney as the jury walked in, placing his arm around his shoulder as if to encourage his court-appointed lawyer. Andy turned his attention from John to the jury as they filed in. He studied each face, looking for a clue as to what they might have decided, but all he saw were looks of relief that this was over.

“Ladies and gentlemen of the jury, have you reached a verdict?” Judge Houk asked. Andy could feel his heart beating in his ears.

“We have, Your Honor,” the jury foreman replied. Later, Andy couldn’t remember if the foreman was a man or a woman. His eyes were glued to John Phillips.

“Would the defendant please rise,” the judge said. The hair on the back of Andy’s neck stood on end, and his sweat poured off his palms. John Phillips stood up, as did his attorney, whose orange blazer was the same color as the prisoner jumpsuits. John wore a light blue leisure suit.

“We find the defendant guilty of murder in the first degree,” the foreman said. Andy could feel fireworks shoot off from his shoulders. He couldn’t see John Phillips’s face, only his back. That was enough, for now. With the trial over, Andy had already planned on a face-to-face meeting with John Phillips so that he could see his reaction up close and personal. A woman began wailing on the other side of the courtroom. Andy turned and saw that it was Loraine Phillips. She collapsed in her seat and the man next to her wrapped his arms around her and held her up. Andy had never seen him before, but he assumed he must be her newest love interest. A group of people just to Andy’s left also began making noise, but all of them were saying things like, “This ain’t right, this just ain’t right.”
Fools,
Andy thought.

Judge Houk slammed his gavel down a couple of times, saying “Order, order” in a firm voice. He then went down the line, asking each juror individually if the verdict was indeed unanimous. It was.
Yes!!!
Andy yelled inside. The judge thanked them for their service, and dismissed them. He then said, “Mr. Phillips, you will be held in the Harris County Jail without bond until your sentence is determined. The laws of the state of Indiana dictate that murder in the first degree is punishable by death or by life in prison. Do you understand this?”

“Death holds no fear for me, Your Honor,” John said.

“A simple yes or no will be sufficient, Mr. Phillips,” the judge said.

“Yes, Your Honor, I understand the possible sentences I may receive because of this guilty verdict. I place it all in God’s hands and trust He will do what is best,” John said.

The judge raised an eyebrow at John. “Since God isn’t in the habit of walking into this courtroom and pronouncing sentences, this decision will be up to me. The sentencing hearing will hereby commence in two weeks on January 4, 1979. This court is adjourned,” he said with a slam of his gavel.

The reporters inside the courtroom lunged forward to try to get a sound bite from John Phillips. And he gave them one. Andy heard him say, “As I have said from the beginning, I did not harm my son. I loved my little boy very, very much. I don’t understand how I could even be charged with this crime, much less convicted of it, but God is still God. He’s in control. If He wants me to go to prison, so be it. I can serve Him there as well as I can on the outside. I’m not worried about the verdict or any possible sentence. God is a just God. I’m entrusting my life to Him. He is the only judge I care anything about.”

Andy laughed as he listened.
You’re delusional, John Phillips. And you’re a bigger idiot than I thought if you are anxious for God to get hold of you after what you’ve done,
he thought. John’s supporters shouted out words of encouragement to him as the bailiff handcuffed him and led him out of the courtroom. Andy looked around. His eyes met Loraine’s. Her cheeks were bright red and wet from tears. “Thank you,” she mouthed from across the courtroom. Andy just nodded his head in return.
I didn’t do it for you,
he thought,
this was for Gabe.

He drove home, uncorked the champagne, and started to polish off the bottle all by himself. No sooner had he opened it than Loraine called. She wondered if she might stop by his place to express her appreciation for all Andy had done. Unlike her call after John’s arrest, Andy didn’t turn her down. They shared the champagne, then shared his bed for only the second time. Except for their first night together, they’d always met at her place. Funny. Sleeping with Loraine in his own home formed the bookends for their relationship. They’d started out there the night they met in a bar, and they ended up there on the last night he met with or spoke to her. Theirs was a very strange relationship from the beginning. I guess it only makes sense that it ended the way it did.

Chapter 14

L
IFE SEEMED TO STAND STILL
for Andy even after John’s guilty verdict. He couldn’t get away from the place where he’d been since the day Gabe died. A jury may have convicted John, but for Andy, the saga still wasn’t over. A guilty verdict wasn’t enough. It had never been enough. He didn’t want a jury to say John killed Gabe. Andy wanted John to admit it. He had to hear with his own ears the words “I did it.” Anything short of that would never satisfy his demand for justice for Gabriel Phillips. That’s not to say Andy didn’t try to let it. I think he may have actually succeeded for the first forty-eight hours after he heard the verdict. Of course, his little celebration party helped. But after he sobered up, and his house became empty once again, images of Gabe lying in a pool of his own blood started haunting Andy again. Every time he closed his eyes, he saw Gabe’s lifeless face while Andy tried to start CPR. He could hear his own voice on the radio requesting the coroner to take the body away. And he could hear John Phillips claiming Gabe fell out of the top bunk with a bad dream.

The more these sights and sounds haunted Andy, the more he realized he hadn’t won anything yet. There could be no justice for Gabriel Phillips until the man who took his life confessed his guilt and accepted the consequences of his actions. And Andy would never have peace until justice was done. These thoughts slowly consumed him, which made Andy’s mood grow darker by the day. From the way he acted, you would think the jury had come back with a completely different verdict. His coworkers noticed. They all expected him to be ecstatic. He was anything but. After a couple of days Ed Spence changed the department schedule around and stuck Andy on the graveyard shift so no one except the night dispatcher would have to be around him. Working the graveyard shift during the holidays only made things worse. Especially on Christmas Eve.