Chapter Forty-Six

The Trial

On the day Claude Jordan’s trial began, the temperature in the courtroom was cool as Frankie, Grace, and Evelyn entered, passing the armed guard next to the heavy door who reminded them to turn off all cellphones. Since Danielle, Andrew, and Bill had been subpoenaed as witnesses for the prosecution, they were seated in an adjoining room, unable to attend the trial to avoid being prejudiced by the testimonies of witnesses before them. Frankie, Grace, and Evelyn took their seats directly behind the prosecution. Craig and Linda Jordan, Marcella and David Hinkle, and Mrs. Claude Jordan were already seated behind the defense. Jackson was escorted into the courtroom by two guards and seated between Gary Palmer and his assistant, Sheldon Goldberg. Jackson was dressed in a dark brown suit, cream colored shirt, and a muted striped beige tie. His hair was neatly trimmed, and his face was cleanly shaven.

Assistant State Attorney, Dean Baldwin, sat at the prosecution table. Joining him were Doug Plimpton and Mark Novotny, both part of the prosecution team.

In the front of the courtroom was the judge’s polished, mahogany desk elevated above the main court floor with a wide, plush, leather chair behind it. In the gallery off to the right was the jury box with sixteen empty chairs, two rows of eight each. Two court reporters hustled to place documents on the prosecution and defense tables and the judge’s bench.

The courtroom was filled to capacity. Many were without seats and lined against the wood paneled walls. The members of the jury filed in at precisely ten a.m. The bailiff addressed the audience. “All rise. The Court of the State of Florida, Orange County, is now in session, the Honorable Thomas J. Marchese presiding.”

The judge, a tall, thin man in his long, black robe, entered and took his seat. His dark rimmed glasses solidly rested against his tapered nose.

The bailiff announced, “Your Honor, today’s case #9946 is the State of Florida, Orange County versus Claude Hiram Jordan.” Then he turned to the jury and swore them in.

The judge looked at Dean Baldwin. “Is the prosecution ready to begin this trial?”

“Yes, Your Honor, the prosecution is ready.”

Then the judge looked at those seated behind the defense table. “Is the defense ready to begin this trial?”

Gary Palmer arose from his seat. “Yes, Your Honor, the defense is ready.”

Dean Baldwin began his opening statements, mentioning by name all the murdered victims, describing the fire on the night of the murders, and pointing out the raping and sodomizing of an old woman. With this statement, the courtroom filled with chatter and commotion. The judge had to call for order.

Baldwin read from a piece of paper every one of Jordan’s many aliases. He ended his statement by saying, “I intend to prove to the court that Claude Jordan was Baby Boy Gunderson, the half-brother of William Cunningham, the father, husband, son, and friend of Claude Jordan’s victims brutally murdered on October 31, 1971.”

With that statement, there was such an uproar in the courtroom Judge Marchese had a difficult time restoring order. Several members of the press rushed out of the courtroom to relay this development to their newspaper editors, radio stations, or television networks.

When the courtroom was quiet, Gary Palmer addressed the jury. “I will prove Claude Jordan is innocent of all the charges.” He portrayed Jordan as a loving family man, a city councilman, a Vietnam War hero, and a respected businessman.

When Palmer completed his opening statements, the prosecution began the presentation of the evidence against Jackson. The first witness called to the stand was former deputy, Phil Drummond. Although physically handicapped, he was alert and articulate. His descriptive delivery of what he remembered created horrible visions of the tragic scenes in the minds of everyone in the courtroom. “I still have nightmares from the visions.”

Baldwin asked, “Was Fitzsimmons in charge of any ongoing part of the investigation?”

“He headed up the search for Daniel Reynolds, the prime suspect in the murders.”

When Baldwin finished his questioning, Gary Palmer cross examined Drummond, focusing mainly on the reliability of the evidence collected and Drummond’s own statements. “Mr. Drummond, I understand you currently reside in an assisted living facility. Is that correct?”

“Yes, that’s correct.”

“Do you currently take any medication for dementia or Alzheimer’s?”

Baldwin quickly jumped up. “Objection!”

Judge Marchese addressed Baldwin. “Overruled. Witness please answer the question.”

Drummond’s annoyance with the question was evident on his face. “No, I do not.”

“Then what is the reason for your current living situation?”

Drummond snickered and shook his head. “Doesn’t this wheelchair answer your question? I’m physically, not mentally impaired.”

Palmer was done with his questioning of Drummond.

The next witness was Glen Myers, another deputy present at the crime scene, who gave his account of the investigation. He was cross-examined by Palmer, who eventually questioned Myers on the type of medication he was currently receiving. Myers volunteered, “I’m not on any type of medication for dementia, Alzheimer’s, or any other mental disorder, if that’s what you want to know. I only take over-the-counter medication for my arthritis.”

****

On the second day of the trial, Clay Jackson smiled at his family as he walked to the defense table. The only family member returning the smile was his wife.

Baldwin called Sean Sullivan to the stand. Sean gave his account of the chain of events leading up to reopening the murder case. The evidence found at the crime scene was also presented, after which Baldwin asked Sullivan, “From this evidence what is your conclusion?”

“Objection! Your Honor,” cried Palmer. “It’s not the detective’s job to reach any conclusion regarding this evidence.”

“Objection overruled. Mr. Palmer, Detective Sullivan can give his professional opinion regarding the evidence. Detective Sullivan, please answer the question.”

“The DNA on Ida Mae Cunningham’s bedding matches that of Claude Jordan. In short, Claude Jordan raped and sodomized the dead body of Ida Mae Cunningham.”

Again, the audience broke into a plethora of noise and commotion, making it difficult for the judge to maintain order.

When the audience was quiet again, Baldwin called Joel to the stand, who recounted how Danielle and he had discovered the existence of William Cunningham. The letter Clay Jackson had written to Ida Mae Gunderson, his original birth certificate, and his adoption papers were also submitted into evidence. In addition, Joel described how Fitzsimmons’ fingerprints were a perfect match with those of Claude Jordan.

Captain Ray Graham was then called to the stand, giving his reasons for originally assigning Sean and Joel to the case.

DANI:

I was summoned to the courtroom on the third day of the trial. My voice trembled when I was sworn in, but I got hold of myself and listened intently to the questions. Mr. Baldwin asked me about my original encounter with Uncle Bill on his property. I went into considerable detail regarding Uncle Bill’s physical appearance, thinking he was some kind of creature. Next, I spoke of how Uncle Bill came to live with us, bringing tears to my eyes as I described how my family had grown to love him.

When Mr. Baldwin finished, Gary Palmer led off his questioning. “Danielle, may I call you Danielle?”

I guess I was a bit prejudiced. I didn’t like Gary Palmer from the moment I observed his sardonic attitude. My left nostril turned up in a sneer. “I guess so, since that’s my name. But you know that, don’t you?”

I heard chuckles from the audience.

He was ridiculous in his cross examining of me. He basically accused me of befriending Uncle Bill because I wanted his money. Dad and I were leeches, needing help in paying for my education. In his harassing manner, Palmer asked, “Would you say your family is struggling financially?”

“No, not at all. My father is a successful business man, and I’m working because I feel obliged to assist with the family finances. If you’re insinuating our friendship with Mr. Cunningham is a result of us wanting to get him to pay for my college education or any of our financial obligations, you’re sadly mistaken. I feel sorry for you if you think everyone is as sick and demented as the man on trial today.”

Oh, my gosh. Did I get myself in trouble? And the courtroom was in an uproar. Judge Marchese was getting angry. The noise finally subsided. “This is your final warning. One more outburst and the entire courtroom will be vacated. As for you, Miss Reynolds, you may have been offended by Mr. Palmer’s line of questioning, but you are not a member of the jury, and as such, it is not your place to decide the guilt or innocence of Mr. Jordan. Juror’s, please disregard Miss Reynolds last remark.

“Mr. Palmer, are you finished with this witness?”

“Not quite, Your Honor.” He again started badgering me. “Danielle, I understand you’ve recently come into a large sum of money. Is that correct?”

At first, I was confused. What was he talking about? Then it registered. He was referring to the trust fund Uncle Bill had set up for me. How the heck did he know about that? I stared at him, belligerently. “Yes.”

“Would you tell the court how you came about receiving that money?”

I looked at the judge. “Your Honor, do I need to answer that question?”

“Yes, Miss Reynolds.”

“It was a Christmas gift.”

“Who gave you that gift?”

“Mr. William Cunningham, the kindest man I’ve ever known.”

The judge reprimanded me again. “Miss Reynolds, I must remind you to simply answer the questions. Do not add your personal opinions unless you are asked.”

“Yes, Your Honor, but it’s difficult to just say yes or no when I know what Mr. Palmer is trying to get me to say.”

“Just answer the question, please.” Turning to Palmer, the judge said, “Mr. Palmer, get to the point.”

“How much money did you receive from Mr. Cunningham?” asked Palmer.

“Objection! That is not relevant to this case. Miss Reynolds has already agreed she received money from Mr. Cunningham. The amount she has received is of no concern.”

“Objection sustained. Mr. Palmer, it’s time for you to move on.”

Palmer looked at me as if I were the scum of the earth. “I’m done with this witness, Your Honor.”

I was excused from the witness stand, and we broke for lunch.

Dad was the first afternoon witness. Baldwin asked him to recount his first meeting with Uncle Bill and to describe their current relationship. Dad related how I got him involved, describing our various trips to the Cunningham property. He explained how he assisted Uncle Bill in acclimating to his new life. Baldwin asked Dad, “Are you absolutely sure the man claiming to be William Cunningham is who he says he is?”

“I’m positive the William Cunningham I know is the same man who had been severely injured and left for dead back in 1971.”

“How can you be so sure?” Baldwin asked.

“For starters, he has all the identification needed to claim his identity: birth certificate, baptismal record, knowledge of the orange growing business, and most of all, every detail about his family.”

“Do you not think an imposter would be able to produce the identification documents if he had found them on the property?”

“I suppose that’s possible for a man who might be of the same general age and physic to impersonate him, but there is no way that person would have the knowledge about his life and family. William Cunningham is a very astute and intelligent man with an exceptional memory.”

“Did William Cunningham have any difficulties in establishing his identity with the financial institutes where he had kept his finances?”

“None. He had all the necessary paperwork. His signature also matched those the bank had on file.”

Palmer then started his cross examination. “If, as the prosecution claims, Daniel Reynolds was murdered inside the Cunningham residence instead of William Cunningham, how old were you at the time of his death?”

“I was six years old.”

“Would you say a six-year-old could identify a person who he hadn’t seen for over forty years?”

Dad rolled his eyes. “I may not have recognized the postman or the grocery store clerk after forty years, but we’re talking about my father. Of course, I’d recognize him. Not only would I recognize him, but the DNA evidence found at the scene has proven the male adult body bludgeoned in the Cunningham House was my father. William Cunningham’s DNA has also been tested, proving he is who he claims to be.”

Palmer looked at Dad for a few seconds, then addressed the judge. “I have no further questions for this witness.”

For the remainder of the day, Baldwin called several other witnesses. Bobby Cooper gave a very glowing account of Uncle Bill as a boss, an owner, and a friend. The DNA evidence was also presented to verify Uncle Bill’s and my grandfather’s identity. With that settled, the judge adjourned the court until the next day.