...Continued

“Lyle Stenning.”

“Mr. Goldman, have you ever known of Colonel Austin to take a human life?”

Oscar swallowed hard, “Yes but only in the line of duty and only when it was absolutely necessary.”

There was a moment of silence before Hansen curiously inquired further. “Does Colonel Austin carry the standard-issue firearm as many agents do?”

“No.”

“Why not?”

“Colonel Austin has never like guns so he chooses not to carry one. He has that right.”

“I see. So these people he has killed…should we assume he completed the act with his bare hands?”

There was a long hesitation without a sound from Oscar as he tried to decide on an appropriate answer. Hansen took the opportunity to use it in his favor. “You don’t need to answer that. I’m through with this witness.” Hansen sat confidently in his seat as Brad Taylor made his way to the witness.

“Mr. Goldman, How would you describe Colonel Austin? What kind of man is he?”

Goldman gave a small shrug, “He is honest, diligent, trust-worthy and honorable.”

“Would you say he is of high moral character?”

“Yes.” He replied confidently.

“During his time under your direction was his performance in the line of duty adequate?”

“More then adequate. He had a 90% success rate for his missions.” Oscar looked at the panel. “And he was given the most difficult cases.”

“What would you say made him so successful, besides his special equipment?”

Oscar thought for a second then replied, “He is intelligent, very resourceful and tenacious. Not to mention creative at times.”

“Creative?”

Oscar smiled thinking back on some of Steve’s cases and how the operative delivered some of the suspects. “Because Colonel Austin abhors killing he sometimes detains the suspects with any means necessary until backup agents arrive.”

“Please elaborate.”

“Well, I have taken men into custody from bank vaults, trash dumpsters that Steve had sealed shut, and men who were secured to a wall but a bent lead pipe.” There were chuckles amongst most of the audience except for Hansen whose thinned lips clearly showed he was not enjoying the levity. Steve also displayed a stoned expression not sure where this was going.

“Does Colonel Austin have a clean record with the OSI?”

“Yes he does.”

“Do you think he is capable of cold-blooded murder?”

Even though there was still a tiny shred of doubt Oscar immediately answered in earnest, “No.”

“Mr. Goldman, you had contact with Colonel Austin during your rigorous investigation of the car bombing did you not?”

“Yes, I visited him in the hospital.”

“During your visits did you inform him where your investigation was leading?”

“No.”

“Did he ever ask you who was responsible?”

“No.”

“No further questions. Thank you.”

Hansen interjected, “If I may Mr. Dupree?”

“Go ahead Mr. Hansen.”

“Mr. Goldman, did there ever come a time when you did mention to Steve Austin that Stenning was responsible for the bombing?”

“Yes, I mentioned it days after he had returned home to Ojai.”

“What was his reaction? Was he shocked? Was he confused? Was he outraged? Or did he seem already aware of who had killed his son?”

Oscar swallowed hard again seeing Steve’s eyes on him. Oscar tried to sidestep the question. “I couldn’t tell you what his reaction was.”

“Why is that?” Hansen asked confused, his brow furled.

“He had his back towards me when the information was brought forth.”

“Did he question you further? Did he ask for details? Did he ask what the OSI was going to do about it?”

“No.”

“Would it seem to you, a man well trained in reading a person’s body language, that his silence at the mention of the person responsible for Michael’s death was a clear indication that he already knew it was Lyle Stenning?”

“Possibly.”

“Thank you Mr. Goldman.”

Oscar gave Steve a glance before stepping down and returning to his seat. By the time he was seated Rudy was called to the stand.

After being sworn in he braced himself for Hansen’s questions.

“Dr. Wells, what is your position at the OSI?”

“Director of the Bionics program and a few other research programs involving electronic miniaturization.”

“So you are the surgeon who created the OSI’s first cyborg?” Hansen turned on his heel to glare at Steve effectively reminding all present that this was not a normal human being before them. Steve’s eyes involuntarily narrowed as he returned Hansen’s gaze.

“Yes.” Was all the doctor would say.

“Should we assume you are probably the one who knows Austin best both physically and psychologically?”

“Yes, I guess.”

“Do you believe Steve Austin could kill a man in cold blood?”

“No.”

“Is that a personal or professional opinion Dr. Wells?”

“Both.”

“Do you feel, in your professional opinion doctor, that the senseless and brutal murder of one’s only child could make a normally non-violent person become violent given the right circumstances?” Hansen stood right in front of Rudy, making direct eye contact.

He had no choice but to answer the way Hansen had maneuvered him to answer. “Yes, under the right circumstances.”

Hansen considered asking if Wells thought Austin would have changed in light of his son’s death but decided at the last minute not to. He instead decided to move onto another area hoping to present Steve as an out of control machine without rational thought. He hoped to get Steve riled enough to display the anger he knew was hidden and well controlled.

“Dr. Wells, the arm you built… out of wires and synthetic muscles and nerves…the arm that you then attached to Colonel Austin’s body…along with the legs and eye of course…that arm or hand to be more specific has what amount of strength, say, when in a full grip?”

Rudy thought for a moment. “Approximately 250 pounds per square inch.”

Hansen let out with a low whistle. “Wow!” He said with exaggerated amazement. “So is that an average or a maximum?”

“An average.”

“What if, by chance, this cyborg…..” Hansen turned and pointed to Steve.

“HANSEN! I expect you to refer to Colonel Austin by name or title, do you understand me?” Dupree ordered.

“Yes Mr. Dupree.” Hansen thought a moment. “Would the strength of the hand increase if Colonel Austin was upset or angry?”

“Probably but not by much. There is a ceiling.”

“Is it possible that in a rage he could grab someone and lose control of his hand?”

Rudy thought a moment, remembering when Steve was first made bionic. When he became stressed his strength became unpredictable. Steve had crushed drinking glasses, telephones, etc. “Dr. should I consider your hesitation a ‘yes’?”

“That has not happened for many years.” He looked at the men on the panel to explain. “When Steve first became bionic we had a few bug to work out so to speak.” The five men nodded their understanding.

“So just to clarify, with strength like that in his hand,” Hansen turned towards Steve, “Colonel Austin could just about crush anything he wanted to could he not?”

Rudy looked at Steve with regret, “Yes.”

“No further questions Gentlemen.”

Steve leaned in and whispered to his attorney before Taylor made his way to the witness.

“Dr. Wells, you performed a battery of psychological tests on Colonel Austin before his bionic reconstruction and continue with routine testing every year. Is that correct?”

“Yes it is.”

“Has he ever remotely tested ‘unstable’ or ‘mentally ill?”

“Only immediately following his plane crash. He was diagnosed with severe depression but it cleared and he’s had no signs or symptoms since that time.”

“So there has been nothing in your testing to indicate to you that he could be irrational, violent, or act completely out of character?”

“No.”

“No further questions.” Rudy stood to exit the chair when Hansen intercepted. “I’d like to ask the doctor one or two more questions. After getting a nod from Mr. Dupree he inquired, “Dr. Wells when was the last time your performed any psychological testing on Steve Austin?”

“Six months ago.” He turned to the panel. “A copy of the latest report is in your file.”

“So you haven’t tested him since the death of his son?”

“No.”

“Thank you.” Hansen dismissed Rudy who returned to his seat.

Glancing at his watch Mr. Dupree saw the approaching lunch hour. “Mr. Hansen should we break here for lunch of will you be calling another witness?”

“If you would indulge me I’d like to call one more witness before the break. I only have a few questions for the witness so it should take less then a half hour.”

“Alright, please proceed.”

Hansen had planned to call Harry Donner to the stand but wanted to take his time with him, needing to orchestrate his testimony in his favor. He spontaneously changed his mind and called Karen Austin to the stand. Just as her name left his lips his heart skipped a beat excitedly knowing she would provide important information, possibly securing a guilty verdict, or risk purgering herself.

“I call Karen Austin to the stand.” He turned and glared at Steve then at Karen, expecting her to stand and approach the bench. The young woman’s heart pounded in her chest. She didn’t want to testify, to provide any damaging information. She froze in her seat feeling her body heat rise in fear.

Instead Brad Taylor took to his feet. Steve knew, after what Karen had told him that Hansen would be relying on her testimony to point towards premeditated murder. The accused used all his self-discipline to keep the knowing smile from coming to his lips and Brad Taylor spoke. “Mr. Dupree. I’m afraid Karen Austin will be unable to testify.”

Hansen’s face fell and his anger rose simultaneously. Taylor continued, “As stated by United States Federal Law a woman cannot be forced to testify against her husband.”

Dupree jumped in, “But Karen Austin is the colonel’s ex-wife is she not?”

“No sir. They are legally husband and wife as of two days ago. I’m having a copy of the marriage license sent here for your review.” Taylor saw the members of the panel whisper to one another. He was unsure how this piece of news would be received. Wanting to clarify he inquired, “I assume Karen Austin still has her legal rights even if this isn’t a court of law.”

Dupree let out a sigh, “That is correct Col. Taylor.” The gray-haired man moved his gaze to a stunned Hansen. “Mr. Hansen I think this would be a good time to break for lunch. We will adjourn in one hour.”

Hansen turned to walk from the room and as he did Steve locked eyes with him. Hansen thought he saw a challenge in those blue eyes. He choked back an angry comment and left the room to cool off. It was only after the NSB agent was gone that Steve shared a genuine smile as he pulled Karen into an embrace.

“Oh Steve. I thought for sure I was going to have to…”

“I told you not to worry so much.” He leaned back and looked at his attorney, “Brad do we need to discuss anything or am I free to have lunch with my wife?”

“I think you deserve a break. I’ll see you back in an hour.”

“Thanks.” Steve replied as Brad ambled out of the room. “So Mrs. Austin, Italian or Mexican?”

“Italian.”

“Let’s go.” He took her by the elbow and escorted her out.

There were still two stunned men seated in their chairs who had watched the entire exchange. Neither one knew what to say but both had the same question floating in their minds. ‘Did Steve and Karen unexpectedly marry to silence damaging evidence?’

The two left the federal building and entered the Italian restaurant just 1 block away. They walked to the Austin’s table and greeted the couple. “Steve, how about you let Rudy and I buy you lunch to celebrate your nuptials?” Steve raised an eyebrow to his friends, thought a moment then smiled. “Sure why not?”

The foursome enjoyed easy conversation and a delicious meal. Before leaving the eating establishment Oscar took a private moment to again apologize to Steve for not telling him about Stenning’s release and the inability to assist Steve in his defense.

“Oscar, it’s okay. Really it is.” He replied with sincerity as he slapped the taller man on his back then joined his wife at the door. “Well I guess it’s back to work.” He wrapped an arm around the blonde’s slim waist and began their trek back to the hearing.

Arriving at their seats the foursome watched as Harry Donner took a seat near the back of the room. He made eye contact with Steve and nodded slightly in greeting his friend. Steve returned the minute gesture. Oscar and Rudy exchanged a glance at the vague, non-verbal communication. The hearing quickly came to order with Hansen calling Harry Donner to the stand.

There was a heavy silence as the Army Lieutenant walked to the stand. He made his right-handed pledge to tell the truth then settled into the uncomfortable chair.

Hansen slowly padded in front of his witness. “Mr. Donner, how long have you known Mr. Austin?”

“About 14 years.”

“Are you close friends?”

“No, just old friends.”

“Could you define ‘old friends’ for us?”

“We met when we were sent on a multi-branch military task force in Viet Nam.” Harry glanced at the panel. “We spent many nights getting drunk and one night he saved my sorry hide when I got into a barroom brawl.” His brown eyes went to Steve and he saw the familiar crooked grin at the recollection.

“So you consider yourself in debt to the Colonel?”

“Absolutely not. I’ve saved his butt a few times myself.”

“Before today when was the last time you saw Colonel Austin?” Hansen busied himself reviewing his file.

“I guess that would be when he was laid up in the hospital after….after someone blew up his car.” The tall man shifted nervously in his seat.

“And before that when was the last time you saw him?”

Harry once again shifted in his seat. No one was close enough to see his Adam’s apple dip in his throat. “About 9 or 10 years ago.”

“Really, that long.” Hansen stated in mock concern. “That seems a long time for friends to be out of touch. Was there a particular incident that caused such a long absence from one another?”

“Well, Steve was upset after I, well let’s just say, directed him into an OSI assignment he didn’t want to go on.”

“Wouldn’t the more accurate term be manipulated? From what I understand from your duty files Mr. Donner you coerced Austin into going on an assignment without his knowledge, potentially putting his life in danger.”

Harry looked at the panel, hoping they would understand his position. “I was under orders to get Austin into place. I did finally tell him about the mission once he was there. He was never in any danger.”

“So what happened after the mission ended?”

“He broke my nose.”

“Mr. Donner, let me get this straight. You and Colonel Austin were good friends then had a ‘falling out’ which ended in him injuring you. You hadn’t spoken to each other for years yet you made it a point to visit him in the hospital?”

“That’s correct.”

“Didn’t you expect him to throw you out?”

“Yes.”

“But he didn’t?”

“No.”

”Why not?”

“He wasn’t in any condition to.”

“I see.”

“I understand that you brought Colonel Austin a gift during his recuperation.”

“Yes.”

“What was it?”

“Cassette player and audio tapes.” Harry look to his colleagues. “I know what it’s like being laid up in the hospital without anything to do. I thought it would cheer him up.”

Hansen quickly got the witnesses attention, “Mr. Donner, what else was on those tapes?”

“What do you mean?”

“I’m sure there was more then music on those tapes. There had to be to pull the patient out of his severe depression from the tragic loss of his only son. What else was on those tapes?” He inquired again.

Harry shrugged his broad shoulders under the olive green uniform. “I don’t know what you think was on those tapes but there was only music.” Harry glared challengingly at Hansen without blinking.

“I understand you spent most of your day off at the OSI computer section. Is that correct?”

“Yes.”

“Why would you do such a thing?”

“I have friends there I wanted to visit.”

“Did you or anyone you know remove any confidential information with regards to Lyle Stenning from those computers at any time? And I remind you that you are under oath Lieutenant.” Hansen stood a foot from Harry hoping to see some crack in his façade. “Well, Mr. Donner?”

“No.” He replied plainly. The experienced operative avoided any glance at Steve.

Hansen let out a heavy sigh. If his theory was correct Donner just purgered himself but Hansen had no proof readily available. “Okay Lt. Donner, Have you ever utilized a body double in your personal life, whether paid of unpaid?” Hansen let out a frustrated, tired breath.

“No.” His brow furled, displaying a look of confusion. Hansen saw it and gave the army officer high marks for his acting ability. His anger was growing at the inability to get the information he desperately wanted. Throwing his papers on the table before him he closed his questioning.

Mr. Dupree offered, “Colonel Taylor, the witness is yours.”

“Thanks you.” Taylor stood but remained at his chair. “Mr. Donner, How would you describe Colonel Austin?”

“He’s a loyal, dependable, and trustworthy guy.” He smiled uncomfortably at Steve who immediately began to feel embarrassed at everyone’s compliments.

“Do you have any knowledge of him doing anything criminal?”

“No. He’s a ‘stand up’ kind of guy.”

“Why did you go to see him at the hospital after all those years your friendship was severed?”

Harry cast his eyes down onto his lap, pausing to find the right words without sounding too sappy. “I had been on assignment in Germany when the car bomb happened. I was taken hostage and to be honest I didn’t think I would ever see the light of day again.” He turned to the men on the panel, some of which had experienced the same horrid situation. “That kind of thing changes a man you know?” He paused a moment then concluded his answer, “I wanted to reconcile with him and a few other people I’ve hurt in the past.”

With everyone staring at Harry and understanding his heart-felt words no one saw Hansen roll his eyes in response to the witnesses answer. Taylor hesitated in the silence for affect and the NSB agent threw his pen on the table.

“Mr. Donner, Did you go to the hospital to assist Steve Austin with planning the death of Lyle Stenning?”

“No.”

“Did you provide a body double to, as Mr. Hansen’s report suggests, help Steve Austin carry out his own conceived plan to kill Lyle Stenning?”

“No.”

“Do you think Colonel Austin killed Lyle Stenning?”

“No.”

“Thank you Mr. Donner. That’s all I have.”

Steve let out a slow exhale as he watched Harry leave the bench. Harry only gave Steve the slightest glance as he strode by his table to return to his seat.

Before closing for the day Deputy Director Hansen provided the panel with signed affidavits from both the waitress and the man responsible for selling Steve’s Bonanza aircraft. He requested the group of five read through them before tomorrow. Since this was a closed hearing the waitress and war veteran would not be asked to be physically present to answer questions. Both Mr. Dupree and Steve’s attorney were in agreement to accept the written statements as facts.

As Steve and Karen left the Federal building they shared a few words with Brad Taylor, trying to get an idea of whether things were going in their favor or against them. Unable to give a firm response to the couple’s question the older gentleman suggested they enjoy a nice dinner and for both of them to get some needed sleep.

Steve smiled, knowing he was exhausted from the mental stress of the day. He easily agreed with his attorney and walked towards the hotel. Hansen, in the meantime, put two men on Donner to see if he would have any contact with Austin, verbal or otherwise.

The Austin’s returned to the hotel and had a relaxed dinner in the hotel restaurant before heading to their room, their bodies begging for a good night’s sleep. Harry never went near the couple which was exactly what the surveillance team reported to Hansen. The frustrated NSB agent lost considerable sleep trying to figure out how to convince the panel that his suspicions were true. Falling onto his bed he began sifting through the list of questions that the coroner would be asked the following day.

A smile lifted the corners of Hansen’s mouth at the thought of getting Steve Austin on the stand. He could feel the excitement the situation would bring. Clicking off the light he dozed but his mind continued its maneuvering around his suspect and the evidence.

smdmsmdmsmdmsmdmsmdmsmdmsmdmsmdmsmdm

In the morning all were present to hear today’s testimony from the San Antonio Medical Examiner who was served a subpoena to appear. Even though the doctor was a civilian Brad Taylor wanted the chance to question him with regards to his findings during Lyle Stenning’s autopsy. Hansen was all for having the doctor present. He was his ace in the hole.

“Mr. Hansen, call your witness.”

“I call Dr. James Bradley.”

The grey-haired man dressed in a cheap suit nervously walked to the bench and was sworn in. In his years as a pathologist he had given testimony on many cases. This was his first closed hearing with high government officials and this made him very anxious.

“Dr. Bradley did you perform the autopsy on Lyle Stenning?”

“Yes I did.”

“And what were your conclusions as to how Mr. Stenning died.”

“I found he died of asphyxiation.”

“Did you rule it a homicide?”

“Yes.”

“Did you find anything unusual with regards to the death?”

The thin man crossed his long legs and cleared his throat. “Yes I did.”

“And what was that?”

“Well, from the marks on the victim’s neck it would appear he was strangled with one hand.”

“Which hand Doctor?”

“Ah…as I recall, it was the right hand.”

“Anything else seem disturbing to you?” Hansen held his breath hoping to savor the moment as long as he could. He turned slightly so he could see Steve Austin’s face at the revelation. He was disappointed when Steve maintained an air of calm as he watched the scene before him.

“Yes, I found it odd that the force of the grip had damaged the vertebrae.”

“Can you elaborate please?”

“It was broken into several fragments.”

“So the person responsible for Mr. Stenning’s death squeezed the life out of him with one hand, his right hand, and broke his vertebrae at the same time. Is that correct?”

“Yes.”

“Doctor, how long have you been a pathologist?”

“17 years.”

“Have you ever seen someone strangled with only one hand?”

“Once, a man in Dallas.”

“Once in 17 years. Then this is a pretty rare occurrence wouldn’t you say?”

“Yes.”

“Have you ever seen a victim’s vertebrae crushed by an assailant using only one hand?”

“No, never.”

“No more questions.” Hansen leaned towards the medical examiner and whispered. “Thank you Doctor.”

Brad Taylor was swiftly on his feet and ambled towards the witness. “Doctor, this other case you referred to… the one that the victim was strangled with one hand. Was that man ever caught?”

“Yes he was.”

“And how is it that he was able to kill someone with only one hand?”

“He was an ex-marine, a big burly guy with hands the size of a basketball.”

“I see. Dr. Bradley did you perform any other tests to determine why Lyle Stenning’s vertebrae was damaged?”

“No.” The forty-something physician shrugged in confusion.

“Why not?”

“Because it was obvious.”

“Obvious? You mean since there was a bruise on the victim’s neck the shape of a man’s right hand you assumed that’s how the vertebrae was broken?”

“Yes.” The man shifted nervously in his seat.

“Seems to me your examination was incomplete. Are you always this sloppy in your work?”

“I was not sloppy and the report is not incomplete.” The doctor insisted as he looked towards the panel.

“Dr. Bradley would you consider your office short staffed?”

“We do okay?”

“That was not my question.” Col. Taylor asserted.

Mr. Dupree jumped in, “Just answer the question doctor.”

“Yes, but all Coroner offices in large cities are stretched.”

“Is that why you didn’t take the time to test the body further?”

“I told you there wasn’t any need to test the body further.”

“Ah, but I think there was.” Taylor removed a file from his brief case and handed it to the doctor. “This is a copy of Lyle Stenning’s medical records dating back to 1965.” The pathologist reviewed the papers then looked at the questioning attorney.

“Would please tell us what Lyle Stenning was diagnosed with in 1968 and 1975?”

The physician looked down at the list of diagnoses from the late 1960’s and mid-1970’s. “He was diagnosed with Tuberculosis.”

Rudy Wells sat straighter in his seat anticipating where Brad Taylor was going with this. He held his breath as the inquiry continued.

“Dr. Bradley, have you ever heard of Potts Disease?”

“Yes.”

“Would you explain to the panel what Potts Disease is and how one might get it?”

The man turned towards the panel, all of whom were listening intently to the pathologist. Hansen was also sitting forward in his seat anxious to hear what this disease was and how it pertained to this case.

“Potts Disease is a severe degeneration of the bone from exposure to tuberculosis. It causes brittle bones, mostly to the vertebral bodies, causing them to collapse.”

“So would you say there is a chance that Mr. Stenning, who had bouts with Tuberculosis over the years, could have had Potts Disease and therefore brittle vertebrae?”

“There’s a chance, yes.”

“No more questions Mr. Dupree.”

Dupree looked at a stunned Hansen. “Mr. Hansen, do you wish to ask any further questions of Dr. Bradley?”

Hansen slowly rose to his feet while nodding his head. “Doctor, can you confirm that Lyle Stenning had Potts Disease?”

“No.”

“Thank you.” Hansen sat back down. Mr. Dupree then asked his own question. “Is that because you never tested any of his other vertebrae before sending the body to the funeral home?”

“That’s correct.”

“Thank Dr. Bradley. We appreciate your time.” The doctor quickly stood and exited the room without looking at anyone. He was glad to be through with his responsibility. “Ladies and gentlemen, I suggest we adjourn for lunch and return in one hour.”

All eyes were on Steve, sitting with a straight but relaxed posture, his best poker face forward as Hansen began his direct questioning.

“How was your son Michael killed?”

“A car bomb.”

“Your car?”

“I bought it, yes.”

“Were you injured in the blast?”

“Yes.”

“How long were you in the hospital?”

Steve shrugged, “About a week.”

“Did anyone visit you in the hospital?” Hansen leaned forward and gave Steve a smirk.

“Yes.” Steve replied curtly and didn’t elaborate.

“Who?”

“Jaime Sommers, Oscar Goldman and Harry Donner. If there was anyone else I don’t remember them.”

“Did Mr. Donner give you anything during his visits?”

“Yes. A cassette player and some audio tapes.”

“Were these audio tapes homemade?”

“Yes, they were copies from record albums.”

“I see.” Hansen took a moment to think. No one noticed Donner shift nervously in his seat in the rear of the room. Steve could see his movement in his peripheral vision but kept his eyes locked on Hansen.

...Continued