Chapter 5

July 24, 1996

Wednesday afternoon

At one fifty, the bell over the door rang, a relic from the office's retail days, and in came Anne Michaels née Whittemore. She was a hard looking woman in her late thirties, with haunted eyes and thin brown hair. She'd had a baby about eight weeks before and wore a lose top to hide what probably a loose belly. A baby carrier hung from one arm. In it an infant dressed in pink.

She gave me a ‘you again' look and said, "Well, I'm here."

Karen got up from her desk and said, "I'll get Lydia."

"Thank you for coming," I said. "This will mean the world for Larry."

"Yeah," she said, without enthusiasm.

I tried a different tact, "What's the baby's name?"

"Pete. The ultrasound wasn't accurate, so all his clothes are pink." She seemed to cringe as she said it, as though imagining the untold damage she was doing to her child.

Lydia came out and introduced herself. Then asked, "Is your attorney on his way?"

"Ha. At two hundred and fifty dollars an hour, no thank you. Do you know they charge in fifteen minutes chunks and nothing smaller? A five-minute phone call costs sixty-two-fifty. Oh, I guess you know that. Stupid question."

"It is expensive, I know. It is often worth it, though."

"I'm just going to tell the truth. I mean, he billed me for two hours just to tell me that's what I should do."

"Well, we want you to tell the truth so this should be pretty easy. We have a table set up in the back. Nothing fancy but we thought you might not want to drive to downtown L.A."

"No way. I can't stand L.A."

"We're going to be videotaping your deposition. I assume your lawyer told you that?"

"Yeah, he did."

"Well, come on back."

We walked back to the open area behind the offices. We'd set up a folding banquet table as the conference table. A woman named Elaine Joy from Eyes on Justice was standing next to a video camera on a tripod. She looked bored already. We'd had her before. She wanted to use more interesting camera angles, but we wouldn't let her. It was one set up per deposition, period. She could feel her Academy Award slipping through her fingers.

"Can we get you anything?" Lydia asked. "Water, coffee, soda?"

Anne shook her head. Lydia and I sat down on one side of the table. She had the file we'd prepared in front of her along with a pad of yellow legal paper. I had the same file and a pad too, for notes. Karen hurried in and sat down.

"I forwarded the phones to voicemail."

Anne had set her baby on the floor next to her chair and was making herself comfortable. She looked lonely across the table all by herself.

"Okay. Today's questions will focus on your testimony at trial," Lydia said. "After we're done, Dom may have some additional questions we'd like you to answer."

"Will I be charged with perjury? My lawyer said I wouldn't be, but I'm not sure I trust him."

"Perjury is rarely charged. We'll be making a motion to give Larry a new trial based on your deposition today, a deposition we plan to do with Larry's defense attorney and Larry's own statements. It's possible, even likely the district attorney will say that your deposition is false and that your original testimony was correct. Once they've done that, they're in a precarious position. As long as you're telling the truth today, they can't prove you lied now. And it would be unwise to prosecute you for your original statements since they're on record claiming you were truthful then. Do you understand?"

"I think so."

"Do you have any questions before we begin?"

"No, I think I'm fine."

Lydia nodded at Elaine Joy to turn on the camera. Then in a loud voice she said, "This is the deposition of Anne Michaels in the matter of Larry Wilkes v. State of California writ of habeas corpus. Present are Elaine Joy, videographer; Karen Addison, notary public; Dominick Reilly, investigator for The Freedom Agenda; and myself, Lydia Gonsalez, Esquire."

She paused and sipped the coffee she'd brought with her.

"First, I'd like to say that I advised the witness to bring an attorney and she has chosen not to. That is correct, Mrs. Michaels?"

"Yes, that's right."

"Mrs. Michaels, this is a deposition in which I will ask questions regarding your testimony in the trial of Larry Wilkes for the murder of Pete Michaels. You must answer those questions truthfully. This is a formal legal proceeding just like testifying in court. You are under the same obligation to tell the truth, the whole truth and nothing but the truth. Do you swear to tell the truth?"

"I do."

"You can ask questions at any time, and you will receive a written transcript of the deposition to which you will be allowed to make changes. Do you understand?"

"Yes."

"Let's begin. You gave testimony in Larry Wilkes trial for the murder of Pete Michaels."

"I did."

"How would you characterize that testimony?"

"It was false. I lied."

"Why did you lie?"

"Because Larry wanted me to."

"And why was that?"

"Larry and Pete were boyfriends, lovers, whatever. I've always though it would be worse for him if the jury knew that. I think that's why he wanted me to say I was Pete's fiancé."

"Why are you coming forward now?"

"Honestly, to save my marriage. I married Pete's brother, Paul. I never told him the truth until… It's almost been a year. I went to the dentist and I was messed up afterward. From the gas. I told him the truth then. That I was never his brother's fiancée. I'm trying to make everything better. For me. For my husband. For Larry."

I scratched an X on the top of my pad so that Lydia could see it. To Anne she said, "To clarify, when you say husband you mean ex-husband. You and Paul Michaels are divorced."

"We're talking about getting back together. I guess I was being optimistic. Is there a law against that?"

"We just need to be accurate. You never know what a prosecutor might latch on to."

"Whatever."

"When did you find out Larry and Pete were in a relationship?"

"Larry told me. Sometime over the summer, I think."

"The summer of 1976?"

"Yes."

"You never saw them together?"

"No. But?—"

"But?"

"I'd seen them talking to each other at school once. It just made sense."

"In your testimony you said that Pete was beating Larry up, is that true?"

"It's true that I said it, but no I don't think Pete ever beat Larry up." She was smiling. Happy that she'd answered exactly.

"In your testimony, it seems like you truly believe Larry killed Pete. Didn't you go further than Larry wanted you to go? He didn't want to be convicted, did he?"

She hesitated. After a deep breath she said, "I don't remember that. I wouldn't have said anything like that."

Lydia opened the file in front of her, flipped over a couple of pages, then said, "From your testimony, ‘I guess Larry got tired of getting beat-up because that's when he killed Pete.' That sounds like you believed Larry killed Pete, doesn't it?"

"I didn't mean it."

"Why did you say it? Larry wanted you to say Pete was your fiancé, but he didn't ask you to say he killed Pete, did he?"

"No, he didn't."

"Did someone ask you to say that?"

"I was just a kid. Barely eighteen. I didn't have a lot of friends. Didn't get along with my parents. I was interviewed by the police a couple times, the DA four times, maybe five. Each time they seemed to want me to go further. Make more definitive statements. So, I did."

"Are you saying they coached you?"

"I guess you could call it that, yes."

"Did they tell you what to say?"

"Not exactly."

"What did they say?"

"They kept asking me if I thought Larry killed Pete. I knew they wanted me to think that."

Lydia glanced at me. If they coached her that might be a violation of some kind, I wasn't sure which. It was also going to be hard to prove.

I made a note on my pad, it just said "think." I wanted to ask Anne who she thought killed Pete all those years ago. I knew that Lydia deliberately avoided asking that since we didn't know the answer. It wouldn't be good if she said she thought Larry killed Pete.

Lydia continued. "You say that Larry asked you to say you were Pete's fiancée, when was that? Did you visit him in jail?"

"No. He called me."

Lydia glanced at me again, and I knew we were in trouble but didn't immediately know why.

"How are you feeling, Anne?" she asked. "Do you feel all right?"

"I'm fine thank you."

There was a pause. I could tell Lydia was trying to decide how to move forward. I still wasn't sure what the problem was.

"When Larry asked you to say Pete was your fiancé, how did he phrase it?"

Anne seemed surprised for a moment and then said, "Oh, well, it was weird I guess. He said he was sorry about what happened to Pete, and that he didn't do it. He thought it would be okay if I told people I was engaged to him. That I didn't have to keep it a secret anymore."

"You took that to mean you should lie and say Pete was your fiancé?"

"Yes. At some point, I don't remember whether it was before he said that or after, but he said that I shouldn't curse because we were being listened to. So I knew why he couldn't just ask."

Ah, that was what had made Lydia pause. Their conversation would have gone to the police. And he knew that, so he couldn't say anything directly. If Anne said he asked her directly that would not be believable. Lydia had been worried she was about to expose a lie.

Carefully, she asked, "How did you respond when Larry said that you and Pete were engaged?"

"You know, he must have told me they were listening before he said that. Because I didn't say much. I didn't correct him. I probably said I'd think about it."

"When did you decide to go along with the lie?"

"The police came to my house a few days later. I'd already decided I couldn't do it. I guess they heard the tape of the conversation, because they asked me directly if I was Pete's fiancée, I told the truth. I told them we weren't engaged. They didn't believe me. They called me a liar. My parents were right there, sitting next to me on the sofa. I couldn't say that Larry was gay because they'd have been upset that I was friends with him. I mean, they were already upset that I knew him. They thought he was a killer. I didn't want them to think he was a gay killer. I just… I had to say I was engaged to Pete. Everyone was going to be unhappy if I didn't. Even Larry."

"You've been telling a lie for twenty years," Lydia said, not exactly a question.

"Can I change something I said—or modify it, I guess?"

"Yes, of course. You're here to tell the truth."

"I think part of why I said those things at trial, making it seem like I thought Larry was the killer, I think by then I was angry. At him. And I wasn't sure he didn't kill Pete. I mean, I wasn't there so I… don't know."

"The phone call you received from Larry. Do you remember when that was?"

"A few days after the murder. Maybe three or four, I don't remember exactly. I remember he had to call a few times. My parents wouldn't accept the call."

"Just a few more questions," Lydia said. "If we get another trial for Larry, you'll be asked to testify to what you've said today. Then cross-examined. I'm going to ask a few questions a prosecutor would ask. Is that all right?"

"Yeah, sure."

"Is everything you've said today truthful?"

"Yes."

"You were lying in 1976 but you're not lying now?"

"That's correct."

"Why should we believe you?"

"Because I'm an adult now and I've had a very long time to live with the mistakes I made."

"You said you're doing this to save your marriage. That's a good reason to lie. How do we know that's not what you're doing?"

"I can't save my marriage with lies. Ask my hus—ex-husband." She was stubborn, I'll give her that. Trying to save a marriage after the divorce was final.

"If Larry asked you to lie now, would you?"

"I haven't seen Larry since he went to prison. We're not close anymore."

"All right, thank you Anne. I think we'll stop now." To the camera she said, "The deposition is over."

Then she nodded at Elaine Joy who turned off the camera. Everyone seemed to relax a little. Lydia said, "As I told you at the beginning, Dom has a few questions for you. It won't take long."

"Could I have that bottle of water now?"

"Of course."

I jumped up and grabbed a bottle from the refrigerator. Opened the bottle and set it down in front of Anne. Then I took my seat again. Lydia remained.

"Do you remember a girl named Sammy Blanchard?"

"Kind of. She was a couple years behind me in school. Isn't she the one who married a teacher?"

"Yes."

"Okay, I kind of remember her."

"Did you ever see her with Andy Showalter?"

"Oh my God. Um, it's a huge school and I'm not sure I'd remember if I did see them together. I mean, neither of them was on my radar. Or really anyone's radar. I mean, obviously Andy Showalter was… but that was only after high school. Why? Do you think she had something to do with… I mean, that doesn't make any sense."

"Do you remember anyone she might have been friends with?"

"No, not really… Well, wait. In grade school my best friend was Sharon Hawley. She had a younger sister who would be Sammy's age. She might know."

"Do you have any contact information?"

"No, it's been ages. But, we're having our twentieth high school reunion in October. I got an email about that. Well, I mean… Paul got an email about it. I can ask him to forward it to you."

"That would be great." I took a beat thinking about how I wanted to phrase this. "When I interviewed you before you said you thought your husband might have killed Pete."

"Oh God, you know, I never really believed that. I was just very angry at him."

"At this point, after twenty years, who do you think killed Pete Michaels?"

"I don't know. I'd have to say the most likely person is still Larry."

And that is why you don't ask all the questions during the deposition.