Preliminary Hearing
A preliminary hearing is just that – preliminary. It has a two-fold purpose. First, to determine if a crime has been committed and second, to determine if the accused is to be held over for trial. Both sides have the option of calling witnesses and presenting evidence, if they desire.
Judge Graves called court to order at precisely 9:00 AM. Todd Randal was asked to stand before the court and enter a plea; his answer was ‘Not Guilty’.
Judge Graves took his time in explaining the procedures of a preliminary hearing to the participants, the accused and the packed courtroom. Next, he asked District Attorney Griffin Hawks and Defense Attorney Jack Logan if they intended to present evidence and call witnesses. Both answered, “Yes.”
“Very well,” the judge replied. “Mr. Hawks, you may call your first witness.”
As expected, Sheriff Leroy Epsee was called as the first witness. Leroy told the story as we had heard from him before. Jack objected as ‘hearsay’ when Leroy started to relate his conversation with jockey Eddie Merrick. Judge Graves sustained the objection.
The burned rifle was introduced as evidence, and Leroy testified how he verified Todd Randal as the owner of the rifle. Leroy then followed with testimony regarding his official questioning of Todd Randal, including his initial story and then how he had changed his story. Following that, Griffin Hawks turned the witness over to Jack Logan.
“Sheriff Epsee,” Jack began. “Did you check the weapon for fingerprints?”
“We tried, but the heat from the fire had removed all fingerprints. What I mean is, we checked it for fingerprints and found none,” Leroy replied.
“So sheriff, since you found no fingerprints, you assumed that the fire destroyed them. Is that correct?”
“What I am saying,” Leroy repeated, “is that we found no fingerprints on the weapon. They could have been wiped off or the fire could have destroyed them. I have no way of knowing which.”
“For the record, Sheriff Epsee, your testimony is that there were no fingerprints on the weapon, and you have no idea how they were removed. Is that correct?” Jack asked.
“Yes, that is correct,” Leroy sighed.
“Okay. You testified that you identified the ownership of the weapon because Todd Randal’s name was engraved on the rifle. Is that correct?” Jack asked.
“Yes, that is correct. And if you examine the rifle submitted into evidence, you can clearly see the name Todd Randal engraved into the barrel.”
“Thank you, sheriff. And would you please confine your answers to just the question I ask? If I am looking for further clarification, I will make that clear.” Jack was purposely irritating Leroy and it was working.
“Yes,” Leroy answered with a sneer.
“Now, sheriff, when you asked Todd Randal about the rifle, how did he respond? What I mean is, where did he tell you he kept it, and when was the last time he saw it?”
“He claimed it was kept behind the seat of his truck, and he claimed he had not seen or used the weapon in several weeks.”
“Okay,” Jack was pacing back and forth while talking. “Did he also not tell you that his truck always remained unlocked, and it would have been easy for anyone to have removed the rifle without his knowledge?”
“Yes. But based upon…”
Jack interrupted Leroy. “I didn’t ask for an opinion. I just asked for what Todd told you. Thank you for your answer. Now sheriff, how did you determine that this burned rifle was, in fact, the murder weapon?”
“Well, we know Aaron Nunamaker was killed by a bullet fired from a high powered rifle at close range. And we found this weapon near the body.” Leroy wasn’t sure where this was going.
“But you have no proof or evidence that this particular rifle fired the bullet that killed Aaron Nunamaker – do you?” Jack asked.
“No.”
“Isn’t it a fact, sheriff, since you never recovered the actual bullet that struck Aaron Nunamaker, that the killing bullet could have been fired from any similar high powered rifle? Isn’t that right, sheriff?
“Yes, but…”
Jack interrupted again, “Thank you, sheriff. I have no more questions, but I do reserve the right to recall the sheriff at a later time.”
“Mr. Hawks, do you have any redirect?” Judge Graves asked.
“Yes, I do Your Honor. Sheriff, did you base you assumption on this being the murder weapon because you found a spent cartridge still in the chamber of this weapon? The rifle submitted into evidence and the one belonging to Todd Randal?” Griffin asked.
“Yes sir, I did,” Leroy responded with a grin.
“And has it been your experience that people do not normally leave spent cartridges in their weapons? And because one was still in the rifle, it would be your proper assumption that the rifle had been recently fired?” Griffin asked.
Jack stood up, “Objection, the question asks for a conclusion by the witness using some ‘experience’ not in evidence!”
Griffin looked at Judge Graves, “Your Honor! He is the sheriff!’
“Overruled,” the judge said. “Sheriff, you may answer the question.”
“Yes sir, that has been my experience,” Leroy happily answered.
“No more questions, Your Honor,” Griffin said to Judge Graves.
Jack had no re-cross questions and Leroy was excused. Griffin Hawks called his next witness, Dr. Barker Gibson County Coroner.
Dr. Barker testified that Aaron Nunamaker had died from a single gunshot wound to the chest, and specifically to the heart. He also testified that the absence of inhaled smoke in the lungs indicated that Aaron Nunamaker was dead before the fire. It was Dr. Barker’s opinion that the gunshot wound had been made by a high powered rifle fired at close range, and that death was almost instantaneous. Griffin Hawks turned the witness over to Jack Logan.
Jack stood up and remained at his table. “Dr. Barker, were you able to determine the kind or caliber of weapon used to kill Aaron Nunamaker?”
“No, I was not. However, based upon the size of the entry and exit wound, my opinion is that the weapon was a high powered rifle,” Dr. Barker answered.
“Can you please explain what you mean by a ‘high powered rifle’?”
“Yes. I mean a rifle typically used for hunting medium or large game animals, something using 30/30 caliber ammunition or larger,” Dr. Barker responded.
“But you do NOT know the caliber of bullet that killed Aaron Nunamker. Is that correct?” Jack asked again.
“That is correct. We did not find the bullet; therefore we do not know what caliber weapon was used.”
“Thank you Dr. Barker.” Jack then looked at Judge Graves and spoke as he sat down, “I have no further questions of this witness.”
Griffin Hawks had no redirect and called his next witness, jockey Eddie Merrick.
Eddie was sworn in and testified about Todd Randal coming to the barn and his hearing loud voices that he recognized to be Aaron Nunamaker and Todd Randal. His testimony was that he could not understand what that conversation was about. Griffin Hawks then turned the witness over to Jack Logan.
“Mr. Merrick,” Jack asked walking toward the witness. “What can you tell us about Mafia people removing thoroughbred horses from ‘Nunamaker Stables’?”
Griffin Hawks stood up. “Objection, Your Honor – relevance.”
Before Judge Graves could speak Jack said, “Your Honor, we intend to prove relevance. We intend to prove that the moving and removal of these horses was, in part, a motive for Aaron Nunamaker’s murder.”
Judge Graves looked at Griffin Hawks.
“Your Honor,” Griffin said. “We know where the defense is trying to go with this, and it isn’t relevant. This preliminary hearing is to establish that a crime has been committed and that enough evidence is present to bind the accused over for trial. The status of any horses at ‘Nunamaker Stables’ is simply not relevant to this case.”
“Sustained,” Judge Graves ruled. “Mr. Logan, you will need to find another line of questioning for this witness.”
Judge Graves was not making it easy. Jack would need to try another approach.
“Okay,” Jack recanted. “Mr. Merrick, isn’t it true that a few days before the murder, you witnessed the trainer, Justin Avery, removing a rifle from Todd Randal’s truck?”
“No sir, that is not true,” Eddie responded quickly.
“Isn’t it true that you witnessed Justin Avery in possession of a rifle just like the one owned by Todd Randal? If not Todd Randal’s rifle, and the one submitted into evidence as the murder weapon, one just like it?” Jack asked.
“I don’t know. I mean Justin has a lot of rifles; maybe he has one that looks like that one. How would I know?” Eddie was stuttering.
“And your sworn testimony is that you did not witness Justin Avery remove a rifle from Todd Randal’s truck, and that you did not later witness him in possession of this weapon?” Jack was zeroing in.
“I didn’t see him take any rifle from Todd’s truck. I’ve seen him with a lot of rifles, we work on a ranch and everybody has a rifle in their truck,” he seemed confused by the questions.
“Do you have a rifle in your truck, Mr. Merrick?” Jack asked.
“Yes, but it isn’t like that one,” he answered nervously, pointing at the burned rifle on the evidence table.
“I didn’t ask you that. I asked you if you had one in your truck,” Jack snapped.
“Yes,” Eddie answered
“Have you checked lately to see if it is still there? Perhaps someone removed it too!” Jack questioned.
Eddie had a long pause before he answered. “I, I haven’t looked lately,” he stuttered.
“Thank you, Eddie.” Jack spoke to Judge Graves, “Your Honor, I have no further questions for this witness.”
Griffin Hawks had no redirect. Eddie Merrick was excused and Griffin was instructed to call his next witness. He called Justin Avery.
Of course, Justin Avery was still missing. Leroy was called to the bench, where he advised Judge Graves that his office had been unable to serve the subpoena because Justin could not be located. After a long sidebar, Judge Graves issued a bench warrant for Justin Avery’s arrest – contempt of court. He was to be held without bond until he appeared before the court and presented acceptable reasons for his failure to respond as required.
“Mr. Hawks,” Judge Graves said, “you may call your next witness.”
“Your Honor, the District Attorney’s office will not be calling any other witnesses for this preliminary hearing. We believe we have established that a crime has been committed and that substantial evidence is present to warrant the binding of Todd Randal over for trial. The prosecution rests,” Griffin told the court.
Judge Graves looked at Jack Logan. “Mr. Logan, you may call your first witness.”
“Thank you Your Honor. The defense calls Dr. Jack Preston.”
Griffin Hawks stood up. “We object, Your Honor!”
Jack looked at Griffin. “What do you mean you object? You’re objecting to my witness? On what grounds?”
“The same grounds as before, relevance. What did or didn’t happen to those horses is simply not relevant to this case. You’re trying to…”
Judge Graves interrupted them, “The last time I checked this was my courtroom, which means that your conversations need to be directed to me as the judge presiding over this hearing. I’ll rule on objections and ask for arguments, if I think they are required. Do I have everyone’s attention?”
“Yes sir,” Jack and Griffin both answered at the same time.
“Now, Mr. Hawks, I understand your position, but the defense has the right to present evidence and call witnesses. If you don’t like their questions, then you can object. But you will not object to their right to call anyone they chose. Am I clear?” Judge Graves asked Griffin directly.
“Yes sir,” he responded.
“Thank you, Mr. Hawks. Your objection is overruled. Bailiff, see that the next witness, Dr. Jack Preston, is present and sworn,” he said to everyone.
Technically, Leroy had arrested Dr. Jack Preston. Officially, he was being held in protective custody by the Gibson County Sheriff’s office. Luckily, he was permitted to appear in court wearing civilian clothes, and not the customary orange jump suit.
Jack would need to be careful with his approach. Otherwise, Griffin Hawks would throw objections to every question and prevent him from getting to the truth.
Dr. Preston was sworn and offered his name and credentials to the court.
“Dr. Preston, how long have you practiced veterinary medicine?” Jack asked.
“32 years, almost all of it in Gibson County.”
“And in your practice, were you the veterinarian of record for ‘Nunamaker Stables’?”
Griffin stood up and shouted, “Objection – relevance.”
“Overruled,” the judge quickly said. “Dr. Preston, you may answer the question.”
“Yes, ‘Nunamaker Stables’ was one of my clients,” he answered.
“In your practice, do you have other thoroughbred horse breeding operations among your client list?” Jack asked.
“Yes, I have several that I work with. Most are in West Tennessee, but I have clients in Kentucky and Mississippi,” he answered frankly.
“As a professional, and with your unique knowledge of how these businesses operate, would you recognize when one of your clients was running his business in an illegal or unethical manner?”
Griffin stood up and stated, “Objection – questions ask for an opinion from the witness.”
Judge Graves looked at Jack.
“Sure it does,” Jack said to the judge. “This man is a professional veterinarian who specializes in horse breeding operations. If we can’t ask his opinion who could we ask?”
“Overruled,” the judge said. “Dr. Preston, you may answer the question.”
“Yes, I would quickly recognize if any of my clients were running their business in the manner that you described,” he answered frankly.
“And in your professional opinion, was ‘Nunamaker Stables’ running their business in an illegal or unethical manner?” Jack asked.
Griffin stood up again. “Objection, Your Honor, calls for an unqualified conclusion from the witness.”
“Overruled,” the judge said quickly. “Mr. Hawks, I have already ruled on this subject, so don’t bring it up again! Dr. Preston, you may answer the question.”
Griffin Hawks sat down in disgust. He knew where this was going and had no way to prevent it.
“Could you repeat the question?” Dr. Preston asked Jack.
“Sure. In your professional opinion, was ‘Nunamaker Stables’ running their business in an illegal or unethical manner?” Jack repeated.
“Yes,” he answered.
“Dr. Preston, can you give the court some examples or reasons for your opinion?”
Griffin stood up and yelled, “Objection – relevance, again.”
“Sit down, Griffin!” Judge Graves snapped. “Dr. Preston, please continue.”
“Certified thoroughbred breeding stock was being regularly removed from ‘Nunamaker Stables’ to pay for Aaron Nunamaker’s gambling debts. Uncertified animals were substituted to maintain operations. On my last visit to ‘Nunamaker Stables’, only one certified thoroughbred remained in inventory – and that animal was impotent.”
“Then that would mean the animals destroyed in the fire were not thoroughbred horses?” Jack asked.
“Well, I didn’t see the animals. But, unless somebody brought some thoroughbreds to the fire, there was nothing more than saddle ponies and breeding mares left at ‘Nunamaker Stables’!”
The courtroom broke into laughter and Judge Graves was forced to use his gavel to silence the crowd.
“Thank you Dr. Preston. I have no more questions. Mr. Hawks, your witness,” Jack offered.
“Dr. Preston,” Griffin asked. “Do you know who killed Aaron Nunamaker?”
“No sir.”
“Do you know if Todd Randal killed Aaron Nunamaker, or if he had a reason or motive?” Griffin asked pointedly.
“No sir. I have no knowledge of who killed Aaron Nunamaker and I don’t know if Todd Randal had reason or motive. But I do know that Todd Randal would NOT have killed those horses,” he answered quickly.
“Your Honor,” Griffin shouted. “I move that last comment be stricken from the record! That was not a part of my question and only reflects his opinion regarding what Todd Randal would or would not do!”
The judge looked down at the District Attorney. “Griffin Hawks, you should know better than to ask a question without having some idea of the answer you will get. Request denied.”
Griffin Hawks sat down frustrated and said, “I have no more questions of this witness.”
“Mr. Logan, you may call your next witness,” the judge offered.
“Thank you, Your Honor. The defense calls Mrs. Amanda Grayton.”
When he said that, you heard a murmur go through the crowded courtroom. Griffin Hawks looked around, then shrugged his shoulders and shook his head. It seemed nobody expected Amanda Grayton to be called as a witness – nobody but Todd Randal!
Todd jumped up and yelled, “Your Honor, I am changing my plea to guilty. I did it. Amanda has no business in this courtroom and has nothing to add. I am guilty, let’s get this over with!”
Judge Graves almost broke his gavel trying to calm everyone down. Once he had control, he called both Griffin Hawks and Jack Logan to the bench.
“I’ll see both of you in my chambers – now!”
Then the judge told the courtroom, “This court is in a 30 minute recess. Please be back in your seats at 10:30 – sharp!”
~
In chambers Judge Graves removed his robe and looked at Jack Logan like a father with a misbehaved child.
“Okay, Jack. What is all this about?” he asked.
“It’s simple, really. At some point the prosecution will introduce the idea that Todd Randal had a woman in his life and that woman was Susan Nunamaker. We have knowledge otherwise. And Amanda Grayton has been called to provide that knowledge to the court,” Jack offered.
“So, it is your plan to try your case at this preliminary hearing?” the judge asked.
“It is my plan to prove to the court that Todd Randal did not kill Aaron Nunamaker. If that means trying my case and presenting my evidence, then that is what I intend to do,” Jack said firmly.
“But you have the District Attorney and the Court at a disadvantage,” Judge Graves admonished. “You weren’t required to furnish discovery evidence or provide a witness list. We’re operating in the dark, Mr. Logan, and I won’t permit you to continue unless Mr. Hawks agrees.”
“Your Honor,” Griffin offered, “The District Attorney’s office has no objection to hearing the defense witnesses. We’re looking for the truth, just like the Court.”
“Okay, we’ve cleared that hurdle,” Judge Graves said to them both. “Now we’ve got the issue of your client changing his plea. What do you say to that, Mr. Logan?”
“I say you’ll understand why he did that when you hear Amanda Grayton’s testimony. You’re the judge; you could simply not accept a plea change outside the course of normal court proceedings. Please understand, Your Honor, he is just upset that she has been called to testify. It in no way changes his innocence to guilt,” Jack offered.
“Okay, I’ll accept that. Now for the sensitive testimony, how sensitive is it?” he asked.
“You’ll probably want to warn the court, it’s pretty sensitive,” Jack answered. “Amanda has no idea why she has been called, I don’t think. And I know her husband, Billy, doesn’t.”
“Okay, back to court. Let’s get past this as quickly as we can. Somehow I expect you, Mr. Logan, have more tricks up your sleeve!” he said to them both.
~
Judge Graves called the court back to order at 10:30 sharp. He immediately warned the court that sensitive testimony would be forthcoming and any disturbance by the audience would not be tolerated. He also informed the court that a change of plea by Mr. Todd Randal would not be accepted, at this time. He did leave the option open for Jack Logan to enter an official motion, if he desired.
Amanda Grayton was sworn and took the stand. She then identified herself by name and occupation. Billy Grayton was in the audience; he had no idea what was coming next.
“Mrs. Grayton,” Jack began, “would you please tell the court where you were on the weekend of Aaron Nunamaker’s murder?”
She looked shocked. “Home,” was all she could manage to say.
“Can you explain why your vehicle was parked in the long-term parking garage at the Memphis airport? Why it was parked there from that Thursday through Saturday, the Saturday of Aaron Nunamakers murder?” Jack asked.
“No,” she said shaking.
“Okay. Then can you explain why a one-way ticket from Memphis to Hot Springs, Arkansas was purchased and used by a Mrs. Amanda Grayton? That ticket was for travel on that Thursday, the same day your car entered the parking garage,” Jack asked.
Amanda started to cry. Todd Randal stood up and yelled, “Amanda, don’t answer that question.”
Judge Graves cracked his gavel, “Mr. Randal, one more outburst from you and I’ll have you gagged and handcuffed to your chair. Am I being clear?”
Todd sat down and hung his head.
“Your Honor, the defense has no more questions of this witness,” Jack said.
Griffin Hawks stood and said, “The prosecution has no questions.”
Amanda left the stand and then quickly left the courtroom. Billy Grayton had left moments earlier.
“Your Honor, the defense now calls Susan Nunamaker to the stand,” Jack announced.
Susan entered the courtroom, unaware of any of the previous testimony. She was sworn and gave her name and occupation for the court.
Jack walked to the middle of the courtroom and paused before addressing the witness. “Mrs. Nunamaker, would you tell the court where you were the evening your husband was murdered?” Jack asked politely.
“I was in Hallendale Beach, Florida at Gulfstream Park racing one of my horses,” she answered quickly.
“And were you with the ‘Nunamaker Stables’ trainer, Justin Avery?”
“Yes, we drove down taking our trailer which contained our race horse and two riding ponies,” she responded.
“Where was your personal vehicle?” Jack asked looking straight at her.
“I parked it in town. I had errands to run before we left, and Justin picked me up on his way out of town,” her words were getting shaky.
“Okay, if that’s true, can you explain why your vehicle was parked in the long-term parking garage of the Memphis airport? It was parked there on a Wednesday, the day you claim to have left on your drive to Florida. It was removed on that Saturday afternoon, the day your husband was murdered, and then returned to the parking garage later that night. It was then removed on Tuesday, the day you returned home to ‘Nunamaker Stables’.”
“You are mistaken, I left my car parked in Humboldt,” she said shaking her head.
“Okay. Can you explain why someone using the name Susan Nunamaker purchased and used a round-trip ticket from Memphis to Fort Lauderdale for travel on the same Thursday your car was reportedly left in the parking garage? And the Fort Lauderdale to Memphis portion of the ticket was for travel on the Saturday your husband was murdered?” Jack asked.
“No, you are mistaken,” she said again.
“Okay. Can you explain why someone using the name Susan Nunamaker purchased and used ANOTHER round-trip ticket from Memphis to Fort Lauderdale for late night travel on the Saturday of your husband’s murder and used the return portion on that following Tuesday?” Jack was looking straight at her.
“No, you are wrong. You are mistaken,” she said shakily.
“Well, unfortunately Susan, I have documentation for the parking and the air travel. So, maybe you and your lawyer can figure out some story to fit the documented facts. I’m sure the sheriff will want to discuss all this with you in detail later.”
“You bastard, you have made all this up to get Todd Randal off the hook,” she yelled.
“No, Mrs. Nunamaker, I haven’t made anything up, but let me offer my theory for your consideration and the court records,” Jack added.
“Bastard,” Susan mumbled.
“You and Mr. Justin Avery were a pair, a thing, and had been for a long time. That is ironic, but we won’t go there now. Anyway, your husband, Aaron, had been successful in losing everything you and he had accumulated at ‘Nunamaker Stables’ – either through gambling or other vices, but that doesn’t matter. The Memphis Mafia had taken all your assets to pay his debts and you could see no way out. That’s when you and Justin came up with this grand scheme. The insurance company doesn’t know these valuable horses are no longer at ‘Nunamaker Stables’ so why not burn the barn with the horses and collect insurance? With a fire, identification of the animals would be at best difficult, and most probably impossible. You’re really not sure of your plan until the Mafia steals a truck and runs over one of your jockeys, that’s when you realize that the whole house of cards will soon be tumbling down. At some point, Justin steals Todd’s rifle and leaves it hidden in the barn, just in case. Because with your plan, you were the one who would need to do the dirty deed – burn up the horses. For your plan and alibi to work, Justin would need to be in Florida running the races. You, on the other hand as an owner, could come and go at the track without much notice.
Things got even better when you returned from Florida and found Todd and your husband in the barn having an argument about business. This was perfect and offered you a way to not only collect insurance, but to get rid of Aaron at the same time. Todd left; you retrieved Todd’s rifle from where Justin had hidden it and shot your husband. Then you did the unthinkable, you brought every horse you could find and locked them up in the barn. I’m sure they followed you willingly to their ultimate death house, and why not? You were their master, their caretaker – why would you harm them?” Jack had said enough.
Jack then turned and addressed Judge Graves. “Your Honor, I move that the documents I mentioned be entered into evidence for the court and state’s review. I also enter a motion that all charges against my client, Todd Randal, be dropped and he be released from custody.”
Judge Graves stuck his gavel. “Mr. Hawks, do you have reasons for this hearing to continue?”
“No, your Honor,” Griffin stood up and replied.
“Then I rule this hearing adjourned and I will consider all pending motions tomorrow morning. Sheriff Leroy Epsee, the court orders you to take Mrs. Susan Nunamaker into custody pending review of the evidence as presented.”
The lunch crowd had already left Chief’s when Joe and I pulled in and parked. Jack was still at the courthouse clearing up loose ends and filing necessary paperwork. I expected Todd would be released tomorrow and he could begin picking up the pieces. A lot of lives had been changed or damaged during the past couple of weeks. I’m not certain where everyone would start putting those broken pieces back together.
Horse Tales 