As Time Goes By Read online

  “Ladies and gentlemen, Edward Grant died sometime in the hours following the guests leaving and the time that his caregiver found him the next morning. During that night and into early the next morning, apart from Edward Grant, there was one other person and only one other person in that home. And that, ladies and gentlemen,” turning and pointing toward the defendant, “was Betsy Grant,” he exclaimed.

  “Ladies and gentlemen, you will further hear that the home security alarm was on and fully operational the following morning and that there was no sign of forced entry into that home. No broken windows, no broken locks.

  “Ladies and gentlemen, you will hear many more details. What I have presented to you is an outline of the state’s case. I submit to you that when you have heard all of the testimony, you will be satisfied beyond a reasonable doubt that the defendant Betsy Grant murdered Edward Grant. She murdered him to escape the circumstances that his illness had caused and to go on to a new and much better life.

  “I will have another opportunity to address you in my summation at the conclusion of the case. Again, the state thanks you very much for your willingness to serve.”

  Holmes returned to his chair.

  Judge Roth looked over at Robert Maynard and said, “Sir, you may begin.”

  Delaney watched intently as Robert Maynard got up and walked toward the jury box. That was a pretty strong opening statement, she reluctantly acknowledged to herself.

  Robert Maynard began, “Ladies and gentlemen, if the evidence was as simple and as powerful as the prosecutor just made it out to be, then you might as well just start deliberating now. Just find her guilty and we can all go home.

  “What you didn’t hear in the prosecutor’s opening statement is that Betsy Grant was an utterly devoted wife and companion to her husband, Edward Grant. She certainly had assistance from the caregiver that the prosecutor referenced, but the undeniable truth is that for seven years, during which there was an unrelenting decline in his physical, mental and emotional condition, Betsy Grant was always, always there for him.

  “You will hear that she had been advised by doctors and by friends to put him in a nursing home. As his legal guardian she had the authority to do so, but she wouldn’t do that to him. You will hear that his illness had caused him to be both physically and emotionally abusive to her well before that last evening. But she had continued to treat him with love and kindness and understanding. After you hear all of the evidence, you will be satisfied that when Betsy Grant said, ‘I can’t take it anymore,’ the last thing on her mind was ending his life. She had this other option when the burden became too great, as perhaps it did that night,” he said softly, “an option she could have exercised years before, but she loved him and she knew he wanted to be at home. And that option of putting him in a nursing home was still completely available to Betsy Grant when she said, ‘I can’t take it anymore.’ And no one would have blamed her. So why in the world would she have killed him?

  “Ladies and gentlemen, the prosecutor cannot produce one witness who can testify that he or she saw what happened to Edward Grant. If an object was used to strike him, they don’t have that object. You will hear that there were four keys that would open the front door of the Grant home but only three have been accounted for. You will hear that there is no way to know for sure how many people knew the alarm code. I submit to you that it is very plausible that someone else went into that home that night, turned off the alarm and later left that home, resetting that alarm.

  “I also leave you with one thought that I believe you should keep in your minds during the trial. Betsy Grant was not the only heir to Edward Grant’s estate. You will also hear that Alan Grant, who had many crushing financial pressures, stood to inherit half of his father’s fifteen-million-dollar estate. If Betsy Grant is convicted, he inherits it all. Either way, the death of Edward Grant makes Alan Grant a wealthy man. And you will hear that the prosecutor’s investigation into Alan Grant was negligible at best.

  “Ladies and gentlemen, I look forward to speaking to you again at the end of the trial. I remind you that Betsy Grant does not have to prove her innocence, although we will vigorously challenge the state’s evidence. As in any criminal case, the state’s burden of proof is beyond a reasonable doubt, which means that the jury must be firmly convinced that the defendant is guilty. The evidence that you will hear will not begin to approach that burden.”

  10

  After Robert Maynard sat down, Judge Roth said, “Prosecutor, call your first witness.”

  The first witness for the state was Alpine police officer Nicholas Dowling, who had been the first to arrive at the scene. Thirty years old and a five-year veteran of the department, he was obviously a little nervous on the stand, this being the first time he had ever testified at the county courthouse.

  Of medium height and build, with short brown hair and a boyish face, he wore a uniform that was impeccably crisp. After being sworn in, he sat down on the witness chair.

  Responding to the prosecutor’s questions, he explained that he had been on motor patrol on March 22nd of last year. A few minutes after 8 A.M., he had been dispatched by headquarters to the home of Dr. Edward Grant. The dispatcher had told him that the caregiver had called to say she believed that Dr. Grant had died in his sleep.

  Less than a minute later, he had arrived at the Grant residence.

  “Had you ever been to that home before?” the prosecutor asked.

  “Yes. A couple of months earlier I was on duty and dispatched at about four o’clock in the morning. On that date, I was met at the door by a woman who introduced herself as his wife, Betsy Grant.”

  “How was she dressed?”

  “She was wearing a bathrobe.”

  “What was her demeanor?”

  “She was calm but obviously distraught. She said that her husband had fallen while trying to climb over the gate that led to the upstairs. Mrs. Grant told me that she and the caregiver couldn’t lift him up to get him back into bed.”

  “Did she tell you at that time what his physical and mental condition was?”

  “She told me that he was in an advanced stage of Alzheimer’s disease and his physical and mental health had substantially deteriorated.”

  “What did you do then?”

  “Mrs. Grant walked me to the staircase area where he was lying on the carpet and moaning. The caregiver, Angela Watts, was crouched on the floor holding his hand and trying to comfort him.

  “The caregiver told me she had heard him fall, but that he was more shaken up than injured. I asked her and Mrs. Grant if they wanted me to call an ambulance. They both said no, they didn’t think it was necessary. I then proceeded to assist him in getting to his feet and we walked him into his bedroom and put him to bed. I waited for a few minutes to make sure that everything was okay and I was told that he had drifted off to sleep.”

  “Do you have any other recollection of the demeanor of Mrs. Grant at that time?” Elliot Holmes asked.

  “Well, as I was leaving, she thanked me. She was calm and seemed very sad and tired. She remarked that it was so hard to watch her husband in this condition compared to what he used to be like.”

  “Directing your attention back to March 22nd, what happened when you arrived at the home?”

  “I was met at the door by the caregiver, the same lady I had met a couple of months before. She told me that she thought that Dr. Grant was dead and that Mrs. Grant was in the bedroom with him.”

  “What happened next?”

  “She led me into a bedroom which was located on the first floor.”

  “Was it the same bedroom you had helped him to a couple months earlier?”

  “Yes, it was.”

  “What did you observe as you walked in?”

  “Dr. Grant was in the bed, lying flat on his back. His head rested on a pillow. The blanket was pulled up to his chest area and his arms were on top of it. He was wearing a long-sleeve pajama top. Mrs. Grant was sitting on the edge o
f the bed and caressing his hair and face with her hand. She looked up as I entered and just shook her head. I asked her if she could move aside so that I could check his vital signs. She did so.”

  “What was your observation?”

  “He was not breathing and he was cold to my touch. Based upon my training as a police officer, which includes EMT certification, I concluded that he was deceased.”

  “Did you observe any injuries on his face or hands?”

  “No, I did not.”

  “Did you observe any blood or any other signs of injury?”

  “No, I did not.”

  “Did you observe any signs of a struggle or other indication of force?”

  “No, I did not.”

  “Did you examine the back of his head?”

  “No, I did not.”

  “Did you have any reason to believe that he had any injury to the back of his head?”

  “No, I did not. As I said, there was no blood or any other indication that he had suffered trauma.”

  “And you had been there a couple of months before. Is that correct?”

  “Yes.”

  “And you were aware that he was very ill. Is that correct?”

  “Yes.”

  “And under all of these circumstances, did you believe that he had died of natural causes in his sleep?”

  “Yes, I did. I had absolutely no reason to suspect otherwise.”

  “What did you do next?”

  “As per my police training and procedure, I asked his wife for the name of his treating physician so that I could contact that person. Mrs. Grant gave me that name and I called Dr. Mark Bevilacqua.”

  “Did you speak to Dr. Bevilacqua?”

  “Yes, I did. I explained all of the circumstances and then the doctor asked to speak to Mrs. Grant. She got on the phone and said that he had been very agitated before he had gone to sleep the previous evening at approximately nine o’clock.”

  “What happened next?”

  “I got back on the phone with the doctor and he said that he believed Dr. Grant had died of natural causes and that he would sign the death certificate. I then spoke to Mrs. Grant regarding which funeral director she wanted to contact so that his body could be moved to the funeral home. She told me that she would contact Hecker Funeral Home in Closter.”

  “What happened after that?”

  “I stayed at the Grant residence for the next hour waiting for the funeral director to arrive.”

  “Where was Mrs. Grant during this hour?”

  “She stayed in the bedroom with Dr. Grant. For the most part she was on the phone. I remember that she called his son and a couple of other people.”

  “Where in the house were you during this hour?”

  “I stayed just outside the door of the bedroom so that I could give her some privacy.”

  “During the hour that you were waiting for the funeral director, did anyone else arrive at the home?”

  “Yes, a lady came in and said that she was the housekeeper. She said her name was Carmen Sanchez.”

  “What was her reaction when she was told that Dr. Grant was dead?”

  “She appeared to be very sad. She said, ‘God rest him. His suffering is over.’ ”

  “During this hour, what was the demeanor of Betsy Grant?”

  “Very calm. She was not crying, but she was very somber.”

  “What did you do when the funeral director arrived?”

  “I spoke to him briefly and he said he would take care of the body. I heard him explain to Mrs. Grant and the caregiver and housekeeper that it would be better for them if they waited in another part of the house as he and his assistant prepared the body for removal.”

  “Judge, I have no further questions,” Elliot Holmes said.

  Judge Roth looked at the defense table. “Cross examination, Mr. Maynard?”

  After a final quick glance at his legal pad, Maynard rose and approached the witness box.

  “Officer, you testified that you were at the home a couple of months prior to Dr. Grant’s death. Is that correct?”

  “Yes, sir.”

  “And would it be fair to say that Mrs. Grant was very concerned for her husband that evening?”

  “She appeared to be.”

  “And did it appear that Dr. Grant was well cared for?”

  “Yes, it did.”

  “And did Mrs. Grant express to you when you were leaving how sad she was for him that he was suffering like this?”

  “Yes, she did.”

  “Did she ever say that first time that she was angry to be in this situation?”

  “No, she did not.”

  “Did she appear to you to be tired in the sense of being worn down?”

  “Yes, I would say so.”

  “But she never expressed anger or resentment, did she?”

  “No, she did not.”

  “And she helped you and the caregiver lift him off the floor and get him back to bed, didn’t she?”

  “Yes.”

  “And she was comforting him as you helped get him back into bed, wasn’t she?”

  “Yes. She was.”

  “Now let’s go to that morning when you were again called to the home. You were met at the door by his caregiver, is that correct?”

  “Yes.”

  “At any time while you were there did the caregiver express to you any suspicion regarding Mrs. Grant or any doubt about his death being from other than natural causes?”

  “No.”

  “Did you observe the interaction between the caregiver and Mrs. Grant?”

  “Yes.”

  “Did you observe any apparent tension between them?”

  “No, I did not.”

  “Would it be fair to say that they were comforting each other?”

  “Yes. They were.”

  “Did you observe any tension between Mrs. Grant and the housekeeper?”

  “No. I did not.”

  “Would it be fair to say that they were comforting each other?”

  “Yes.”

  “You have described Mrs. Grant’s demeanor as calm. Is that correct?”

  “Yes.”

  “Would you also describe her as appearing to be quite sad?”

  “She appeared to be.”

  “Isn’t it a fact that she appeared to be really worn out?”

  “Yes, she did.”

  “Was there anything whatsoever that suggested to you that she may have been in any type of struggle or encounter?”

  “No, I saw nothing suggesting that.”

  “Was there anything whatsoever from the appearance of Dr. Grant’s body to suggest that he had been injured or in any type of struggle?”

  “Nothing whatsoever.”

  “One final question. Officer, if you had observed anything out of order, what would you have done?”

  “If I had suspected foul play, I would have called the on-duty detective at the police station and he would have contacted the on-call detective from the prosecutor’s office homicide unit.”

  “But none of that happened because you had absolutely no reason to suspect any wrongdoing. Isn’t that correct, Officer?”

  “That is correct, sir.”

  “Your Honor, I have no further questions.”

  11

  The next witness for the state was Paul Hecker, the funeral home director. He testified that he had been called to the Grant residence by Mrs. Betsy Grant, who had informed him that her husband, who had been very ill with Alzheimer’s disease, had passed away in his sleep. He said that he had immediately contacted his technical assistant, who picked up the hearse and joined him at the Grant home a short time later.

  Hecker testified that Betsy Grant met him at the door and escorted him into Dr. Grant’s bedroom. A young Alpine police officer stood just outside the room and nodded to him as he entered.

  “Is the person you met and who identified herself as Betsy Grant in the courtroom today?”

  “
Yes, she is.”

  “Would you please point her out.”

  “She is seated at the table to my right.”

  “Would you describe the demeanor of Betsy Grant at that time?”

  “She was courteous, very low-key.”

  “Describe what you observed in the bedroom.”

  “I observed the deceased lying in the bed. He was wearing pajamas.”

  “Did you initially note any indication or sign of injury?”

  “No, I did not.”

  “What did you do next?”

  “I explained to Mrs. Grant that it would be better if she and the caregiver, whose name was Angela Watts, left the bedroom so that my assistant and I could remove the body to the hearse that was parked outside.”

  “Did they do so?”

  “Yes.”

  “Can you describe the demeanor of both women as they left the bedroom?”

  “Mrs. Grant quietly walked out. The caregiver was sobbing quite loudly.”

  “Did you transport the body to the funeral home?”

  “Yes, we did.”

  “As of that time did you have any suspicion that there had been any trauma inflicted on Dr. Grant?” the prosecutor asked.

  “No, I did not. It appeared that Dr. Grant had died in his sleep.”

  “When you had been in his room, had you noticed anything at all that was unusual?”

  “I wouldn’t use the word ‘unusual.’ But I had noticed something out of place, for lack of a better term.”

  “And what do you mean by that?”

  “Well, I knew of course that Edward Grant was a doctor. On the night table next to his bed, mounted on a granite base, there was an old-fashioned mortar bowl that appeared to be from a mortar-and-pestle set. There was a plate with an inscription on the base. It was inscribed, “Hackensack Hospital, Dr. Edward Grant, Honoree.”

  “What did you notice about it?”

  “The pestle was missing.”

  “Sir, I’m not sure that everyone here knows what a pestle is or what it looks like. Can you please tell us?”

  “Apothecaries, who were the early pharmacists, would use a mortar and pestle to grind the drugs they were using. In layman’s terms the pestle would be similar in shape to a baseball bat, but only a few inches long. It is a somewhat heavy object, rounded at the top and bottom, but heavier and thicker at the lower end.”