“How many guns do you have?”
“He gave me a Mossberg shotgun.... He had a rifle. I don’t think he had another shotgun. He might have.”
Frank Bryan watched her. “Well, there were three shotguns at the apartment.”
“The small brown one is my father’s. There’s a Mossberg. And the third one was Chris’s.”
“Have you ever fired a shotgun before?”
“When I was twelve or thirteen years old, in sixth grade.”
“How do you fire it?”
“Just pull back and pull the trigger. Will wanted me to go deer hunting with him so that he could show me what a good shot he was.” She noted that Busenburg didn’t take the gun with him when he went to Hatton’s apartment.
“Was the plan to kill Chris?”
“I said the sleeping pills could kill. And Will said, ‘I don’t care if they do.’ He didn’t care because Chris had stolen his money. Chris was crazy and evil. I, um, uh, thought there was a chance that the, um, pills could kill him. But, um, I went along with the plan.” She shook her head.
“The first night when the sleeping pills didn’t work, Will seemed happy. [On] Monday night, Will came out of the apartment and said he shot him. I think he went into one of his trances. He told me he shot his dad when he was nine years old. He used to say he heard his dad’s voice from the grave. And he said, um, Chris reminded him of his dad. He said Chris would be a bad assassin because he was crazy and reckless. I thought Will went crazy, like he thought it was a CIA hit. He said, ‘Go get the brown gun.’ That was Chris’s gun.”
They placed all of Chris’s credit cards, ID, and watches in a box, she said. “Will told me the watches were his.” She looked at Davis. “Will’s.” On Friday, she said, when they were cleaning up the apartment, Busenburg got the watches and said they would hock the ring.
“When did you first meet Will?”
“On October first, second, or third. I danced. He spent three hundred fifty dollars that first night. He wanted to call me or me to call him. I said, ‘I have a boyfriend, and I don’t date customers.’ The next Friday or Saturday he came back in. He was in the VIP section. And he told the men who were with him that they could go.
“The first night that I met him, he said he worked for the government, the CIA.” He had just been on a mission to another country and he was a sniper, said Martin. “He had been in hostage situations and did hits on bad men in other countries.”
The second time she saw him, she said, was a Saturday and she went to breakfast with him. “On Wednesday, after that breakfast, I called him and told him to come in. He came in late. He showed me houses that he said he owned. We went back to his apartment, and then I went home.”
He bought her a TV, VCR, dinners, and acted as though he had lots of money, said Martin. “He said he had money in Swiss bank accounts. He said he owned houses in Round Rock, California, and Montana. I wondered why he didn’t spend more. He said he would spoil me when he knew that I loved him for himself. He told me he was losing his money little by little. He had to support a mission to get a friend out of Colombia, and it cost him millions.” She smiled at Bryan.
“He said he had investments in houses that were going bad. And in January he said his accountant ran off with the rest of his money. And he also said he had some money in the bank but that he wouldn’t touch it.”
“What about the bicycle?”
“The bicycle on my balcony is Chris’s bike.... Will said, ‘I’m gonna steal his bike.’ ” Busenburg clipped the wires to the bike’s lock with pliers and put the bike in the back of the truck, she explained. “Will was doing this to get even with Chris for stealing his money.”
“What about the burrito note?” They were referring to the note to Hatton from Busenburg, photographed on Hatton’s bar.
“That must have been Sunday night. Will went over there and left Chris a note. I can’t remember seeing Will get the food, but, um, he told me he left a note.”
To the prosecutors, that seemed incriminating. “Why would you leave a note on the counter?”
“I don’t know.”
“How did you feel about Will?”
“I was in love. I felt sorry for him. Um, after Chris was killed, we were kind of distant.”
“What about the love letters in jail?”
“I was still very much in love.”
“What about when you wrote him and said, ‘Your crimes were small.’ Why did you say that?” The prosecutors had in their minds a letter Martin had written Busenburg where she said, “Don’t worry. You won’t get in trouble because your crimes were small.”
“Well, I knew somebody, um, was reading the letters,” she answered. “That’s why I said that.”
Martin added that she knew that she would do some time. “But I heard that I would get manslaughter.”
She said that Busenburg glamorized the missions and killing people for the CIA.
The prosecutor asked Martin about Tonya Williams’s statement: Martin placed her hand inside Hatton’s head.
“I never said that. Tonya was obsessed with getting out of jail.”
They asked her again about the phone call from the Aubry Hills pay phone. And Martin again stated that she wasn’t at home when the call came, she was driving around.
“I had been at my apartment from four to four-thirty. And when I got to Chris’s apartment, Will said, ‘I just tried to call you.’ Will wanted me involved, and I wanted to be involved. I thought it was like a game. I was supposed to be there at one to help search Chris.”
She got there at one, she said. Busenburg’s truck was there, she waited, he didn’t come out, she waited until 3
A.M
. “I went back to my apartment to see if he had called.” Hatton’s truck wasn’t at the Aubry Hills, she said. “I thought something had happened, that Chris and his Navy SEAL friends had killed Will.”
Afraid, she said, she drove around and around, too scared to stop and talk to anyone. She returned to Hatton’s apartment. “The lights were off. Maybe the TV was on. It was less light than before.”
At 3:30
A.M
., she said, she parked the car, left it running, got out and listened at the apartment, went back to the car, and started driving around again. She then went back to her apartment around 4
A.M
., she said, and waited until 4:30. She returned at 4:45 to Hatton’s apartment and Busenburg said, “I just called you.”
“I was screaming and crying. Will hadn’t talked about shooting him, but earlier he had joked about shooting Chris to me and Lynn Carroll.”
“How did he joke?”
“He said that Chris was worthless and depressed. Maybe he should just take him out in a field and just shoot him.”
“Would Chris have let you in his apartment?”
“Yes,” she answered. “I saw him about ten times. I never had visited him by myself, but, um, if I had shown up there, he would have been surprised and wondered why I was there. Chris was down on women because his girlfriend had screwed him over.”
Tuesday, during the day, said Martin, she was worried about the cops. “I said, ‘If they do come to arrest you, I’ll say I shot him in self-defense. That he tried to rape me.’ ” Then, when they sat in the cop car after they were arrested, said Martin, “Will turned around and said, ‘You’d better take the rap for this.’ ”
Again Martin was asked what clothes Busenburg had on.
“He threw them on the floor of my apartment. It was dark outside. I didn’t look.”
“Did he ever get rid of the clothes?”
“I think they were at the apartment. When he got back, he undressed and took a shower, and he said, ‘We have to move the body.’ ”
They decided to take a break.
Afterward, the district attorneys again showed Martin incriminating receipt after incriminating receipt, including those for the firewood.
Martin explained that they spent New Year’s Eve, and January 5 and 6, at Will’s mother’s home. “I danced that night. He picked me up from work. It was Thursday night, Friday morning. We bought firewood for the fireplace and used it that night. I don’t remember if I was with him or not when he bought it. We went to his mom’s house because he wanted to be with his dog.”
The firewood to burn Hatton’s body, said Martin, they purchased on Saturday, January 7. She again explained the camping plan. “I don’t know if he was planning to kill him then or not.”
She told the prosecutors of Will’s mission to Colombia and his phone call from the jet to her. “He told me about the mission in detail.”
“Did he ever tell you about the books he read?”
She nodded. “Navy SEAL books. Anne Rice. He talked about his missions all the time. Um,” she looked at Davis, “uh, I wanted to go with him to be with him, not to kill anybody.” She repeated, “Will joked about killing Chris. He said he was training him to be a hit man. But he said Chris is reckless and talks too much.”
They asked her about her drug use.
“I smoked pot a few times. I didn’t do coke at all. And I never used drugs at all with Will. Oh, I tried coke when I was eighteen. But I never did drugs while dancing.”
Martin glanced over at her attorney, and chose her words very carefully. “I just think I made some irrational decisions in not calling the cops, lying to them, and believing Will.”
Stephanie Martin was flirtatious with Frank Bryan. She was charming with Allison Wetzel. Wetzel walked away from the meeting realizing that Stephanie Martin was a likeable person. Wetzel analyzed the situation. There was a con to Martin being likeable. The men on the jury would like her, too.
Busenburg’s trial was set for the following month. Chris Gunter had been willing to agree to a tampering with physical evidence charge. The prosecutors had turned that down flat.
Gunter had said that Busenburg wouldn’t plead guilty to murder no matter what the sentence. Then the prosecutors had discovered Chris Hatton’s credit cards in Busenburg’s possession. Theft made Will Busenburg eligible for capital murder.
Suddenly, more and more time served was becoming more and more acceptable to Chris Gunter and Will Busenburg.
Twenty-five
“Good afternoon,” said Judge Mike Lynch. “We are here on the record in Cause Number 96-3350, the State of Texas versus William Busenburg.”
It was Wednesday, November 6, 1996, and Stephanie Martin, in her orange jailhouse clothes, had just been led out of the Travis County courtroom. Some people, in that large, chilly, judicial room, didn’t want Martin to hear what was about to be said.
Prosecutors Frank Bryan and Allison Wetzel huddled at their table. Will Busenburg, his head bent low, and Chris Gunter spoke quietly.
In the gallery sat Chris Hatton’s tired and grief-stricken grandparents and a seething Robert and Sandra Martin. Robert Martin was furious because Ira Davis was honeymooning in Italy while Stephanie Martin sat in jail. Martin had had to pay Davis an additional $25,000 just for the capital murder charge. Robert Martin glanced at David Fannin, Davis’s cocounsel.
The docket read that the day was to be Busenburg’s plea hearing on Count One, capital murder; Count Two, offense of murder, intentional murder; and Count Three, conspiracy to commit capital murder. Frank Bryan planned to proceed only on Count Two.
“State calls William Busenburg,” said Bryan.
In his green jail smock, Busenburg stood, was sworn in, then sat back down at the defense table.
“The state has a motion to amend Count Two of the indictment,” said Bryan. He wanted the words “and by poisoning him” added to that murder charge. The amendment had already been handwritten on the actual indictment. “We would ask the court to accept that amendment, and I believe it is agreed between the state and the defense.”
“All right,” said Lynch.
Judge Lynch looked over at Busenburg. “It’s . . . my understanding that this is all being done as part of a plea bargain agreement between you and your attorney and the state, and that you have no opposition to the amendment....
“Yes, sir.” Busenburg’s voice was soft.
The judge waived Counts One and Three, then read the indictment. “The grand jury has alleged in Count Two of this indictment that on the tenth day of January in 1995, here in Travis County, Texas, that William Busenburg—that’s you—did then and there intentionally and knowingly cause the death of an individual, namely Christopher Hatton, by shooting him with a deadly weapon, namely a firearm, and by poisoning him.
“That is the state’s amended indictment, and the court has granted—based on the fact that there is no opposition to the amendment . . . the court has granted the state’s motion and so amended the indictment. Do you understand the indictment as amended in Count Two?”
“Yes, sir,” said Busenburg.
Lynch leaned over his bench for a better stare into the eyes of Will Busenburg. “Do you have any questions for the court or for your attorney concerning that?”
“No, sir.”
“Then to the charges contained in Count Two of this indictment, let me ask you at this time, how do you plead, guilty or not guilty?”
“Guilty.
The Hatton family sighed in relief. They wanted this thing over. They didn’t want to suffer a trial.
The judge lifted three pieces of paper and waved them at Busenburg. The pages were the State’s Exhibit 1, Busenburg’s waiver of certain rights, his confession, and his written guilty plea. “Have you and your attorney, Mr. Gunter, had a full opportunity to go over this entire document, all three pages?”
“Yes, sir.”
Three times the judge asked Busenburg if he fully understood what was happening. Three times Busenburg said, “Yes, sir.”
“Did you sign page three freely and voluntarily, indicating that you understood your rights, that you understood the consequences of pleading guilty, and that understanding these things and after a full consultation with counsel, you wanted to waive your rights and plead guilty in this cause?”
“Yes, sir.”
Three times the judge asked Busenburg if he was pleading guilty to Count Two. Three times Busenburg said, “Yes, sir.”
“You understand, sir, that Count Two is intentional murder. That, in the State of Texas, is a first degree felony. The range of punishment is a minimum of five years to a maximum of ninety-nine years in the penitentiary, or a life sentence. Do you understand that?”
“Yes, sir.”
“And you could receive up to a ten-thousand-dollar fine.”
“Yes, sir,” he answered politely.
Lynch asked Busenburg again if he understood.
“Yes, sir.”
The judge emphasized to the young, confessed killer that because Busenburg had used a deadly weapon in the murder of Chris Hatton, the offender would be required to serve one half of his sentence before he could be eligible for parole. There would absolutely be no good-time credit. “Do you understand?”
“Yes, sir.”
He told Busenburg that there could be no appeal, either, as a term of the plea bargain. “Do you understand that, Mr. Busenburg?”
“Yes, sir.”
Again Judge Lynch made clear that there would be no appeal. And again Busenburg agreed.
“All right.” Judge Lynch leaned back in his chair. “The state may proceed at this time.”
Slowly and softly Busenburg walked over to the witness stand and stepped into the box.
“State your name,” said Frank Bryan.
“William Busenburg.”
Busenburg listened as Bryan reread Count Two for Busenburg and the Hattons to relive again—knowingly shooting Chris Hatton and poisoning him. “Is everything stated in Count Two of this indictment true and correct?”
“Yes, sir,” Busenburg answered.
“And you are pleading guilty because you are guilty and for no other reason,” said Bryan.
“Yes, sir,” said Busenburg.
“And your lawyer has been over with you the meaning of being an accomplice or a party as opposed to being a principal in committing an offense,” said Bryan. “Is that correct?”
“Are you pleading guilty to Count Two in this indictment as a principal, or as a party?”
“As a party, sir.”
“And was another person involved in the commission of this offense with you?”
“Yes, sir.”
“Who was that?”
“Stephanie Martin.”
Sandra and Robert Martin stiffened.
“The victim,” said Frank Bryan, “Christopher Hatton, was shot in the head with a shotgun. Who was it that shot Christopher Hatton in the head with a shotgun?”
“Stephanie Martin.”
Sandra and Robert Martin’s mouths fell open.
Stephanie Martin turned to the guard in the holding room and asked, “What’s happening?”
“You’re getting screwed.”
Robert Martin now wanted Chris Gunter as his daughter’s attorney.
Frank Bryan continued. “[You will testify truthfully to the facts of this murder] leading up to the day of the murder and following the murder. Do you understand that?”
“Yes, sir.”
“And that truthful testimony includes your testimony today on the witness stand; it includes your being truthful with me between now and the trial of Stephanie Martin; and all the way up until the time you are sentenced, you must be truthful in order to uphold your part of the plea bargain. Do you understand?”
“Yes, sir.”
“Do you also understand,” said Frank Bryan, “that if you are not truthful, then you are not upholding your end of the bargain, and the state does not have to uphold its end of the bargain; in other words, when we get to your sentencing, if you have not been truthful to me, I can tell this judge that the defendant has not gone through with his end of the bargain agreement and give you whatever I think is appropriate at this time. Do you understand?”
“Yes, sir.”
Bryan presented Busenburg the defendant’s written guilty plea and confession, signed by Busenburg.
Busenburg agreed that he had signed it, that he had gone over it with Gunter, and that he understood it.
Bryan asked Busenburg if he understood that he was waiving his right to a jury trial.
“Yes, sir.”
The documents were admitted as evidence.
Bryan showed Busenburg a written waiver of appeal, signed by Busenburg and Gunter—State’s Exhibit Number 2. “And you understand this is part of the plea bargain, and that I will hold on to this and file this with the court at the time of your sentencing?”
“Yes, sir.”
“And you also understand that it is part of the plea bargain agreement that this case will be reset for sentencing at a date after Stephanie Martin’s case has been resolved or tried?”
“Yes, sir.”
Frank Bryan passed the witness.
Chris Gunter looked at his client. “Will, what is your understanding of what the state’s recommendation will be?”
“Forty-year plea bargain.”
Judge Lynch turned once again to address the round-faced murderer. “Is it still your desire to persist in your plea of guilty today to the offense of murder?”
“Yes, sir,” said Busenburg.
“What is the state’s recommendation?” asked Lynch.
“Judge,” answered Bryan, “the plea agreement is, the defendant pleads guilty to Count Two of the indictment as amended; he waives appeal on all issues, including all matters raised at pretrial hearings; the defendant agrees to give truthful testimony at the time of his plea and in preparation of the trial of Stephanie Martin; and the defendant agrees that his case will be rested until after the trial of Stephanie Martin. In exchange for those things—”
“Does it also include testimony at the trial?” asked Lynch. “I didn’t hear that.”
“That’s correct. It does,” answered Bryan. “Truthful testimony at the trial.... It includes truthful testimony from the defendant up until the time that he is sentenced.”
“All right,” said Lynch.
“And he also agrees that his case will be reset until after [the] trial of Stephanie Martin.”
“All right.”
“And in return for those things, the state is recommending forty years in the Texas Department of Criminal Justice, and we agree to dismiss the other pending cases, which are third degree felony—a few third degree felonies. I know there’s unauthorized use of motor vehicle and theft of firearm. There may be something else—any other pending cases.”
“Mr. Busenburg,” said Lynch, “is that your understanding of the agreement?”
“Yes, sir,” he answered.
“Do you have any questions about it?”
“No, sir.”
“And are you willing to accept that if the court is willing to impose that sentence?”
“Yes, sir.”
“Then the court finds at this time that based on your testimony, based on State’s Exhibit Number One and everything presented to the court this afternoon, that your plea has been freely, knowingly, and voluntarily entered. It also appears to the court that there is evidence to substantiate your guilt. At this time, however, I’m not going to make any further findings or enter any judgment or accept the plea bargain agreement, but I’m going to refer the case to the probation department for their presentence report, and we’re going to reset sentencing until after punishment and sentencing after the trial of Stephanie Martin. Is that correct?”
Chris Gunter said it was.
Lynch set a trial date of Thursday, December 19, 1996. “And if the trial of Stephanie Martin has not occurred, then we can reset that probably without a formal hearing. If that case is disposed of earlier, and either side or both sides would like to expedite the hearing in this case, then we can do that also.”
Court was recessed.
“This kind of changes a lot of stuff,” said David Fannin to Robert and Sandra Martin. “You’d better call Ira next week, and we’d better sit down and talk.”