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Whatever the truth, the situation deteriorated rapidly. David Barney moved out on September 15 and then proceeded to do everything in his power to regain Isabelle's affections. He made frequent phone calls. He sent flowers. He sent gifts. When his attentions became a
In the meantime, he leased a house in the same stylish section of Horton Ravine. If she left the house, he followed her. If she stayed home, he parked across the road and watched the house through binoculars, keeping track of visitors, repairmen, and the household help. Isabelle called the police. She filed complaints. Finally, her attorney had a restraining order issued, prohibiting phone calls, written communication, and his approach anywhere within two hundred yards of her person, her properly, or her automobile. His determination seemed to subside, but by then the harassment had taken its toll. Isabelle was terrified.
By the time Christmas came, she was a nervous wreck, eating little, sleeping poorly, subject to anxiety, panic, and tremors. She was pale. She was haggard. She was drinking too much. She was agitated by company and frightened to be alone. She sent the four-year-old Shelby to live with her father. Ken Voigt had remarried, though some witnesses suggested that he'd never quite recovered from his divorce from her. Isabelle took tranquilizers to get through the day. At night, she popped down sleeping pills. Finally, the Seegers prevailed on her to pack her bags and accompany them on a trip to San Francisco. They were en route to Santa Teresa to pick her up when the electronic fuel injection on the car went out. They called and left a message to let her know they'd be late.
From midnight until approximately 12:45, Isabelle, feeling anxious and excited about the trip, had a lengthy telephone conversation with a former college roommate who lived in Seattle. Some time after that, she heard a rap at the door and went downstairs, assuming the Seegers had arrived. She was fully dressed, smoking a cigarette, her suitcases already lined up in the foyer. She flipped on the porch light and put her eye to the spyhole before opening the door. Instead of seeing visitors, she was staring down the bore of the.38 that killed her. The Seegers showed up at 2:20 and realized something was wrong. They alerted Isabelle's sister, who was living in a cottage on the property. She used her key to let them in through the rear. The alarm system was still armed at the perimeter. As soon as they spotted her, the Seegers called the police. By the time the medical examiner arrived at the scene, Isabelle's body temperature had dropped to 98.1. Using the Moritz formula and adjusting for the temperature in the foyer, her body weight, clothing, and the temperature and conductivity of the marble floor on which she lay, the medical examiner placed the time of death roughly between 1:00 a.m. and 2:00 a.m.
At noon the next day, David Barney was arrested and charged with first-degree murder, to which he entered a plea of not guilty. Even that early in the game, it was clear that the evidence against him was largely circumstantial. However, in the state of California, the two elements of a homicide-the death of the victim and the existence of "criminal agency"-may be proved circumstantially or inferentially. A finding of murder in the first degree can be sustained where no body is produced, where no direct evidence of death is produced, and where there is no confession. David Barney had signed a prenuptial agreement that limited his financial settlement if they divorced. At the same time, he was listed as the prime beneficiary on her life insurance policies, and as her widower he stood to inherit the community property portion of her business, which was estimated at two point six million bucks. David Barney had no real alibi for the time of her death. Dink Jordan felt he had more than enough evidence to convict.
As it happened, the trial lasted three weeks, and after six hours of closing arguments and two days of deliberations, the jury voted for acquittal. David Barney walked out of the courtroom not only a free man, but very rich. Interviewed later, some jurors admitted to a strong suspicion that he'd killed her, but they hadn't been persuaded beyond a reasonable doubt. What Lo
I realized I was yawning for the third time in a row. My hands were filthy and I'd reached the point in my reading where my mind was wandering. Morley Shine's methodology had really been slipshod and I found myself irritated with the poor man in death. There's nothing quite as irksome as someone else's mess. I left the files where they were and locked my office door. I let myself out into the third-floor corridor and locked the door behind me.
Mine was the only car left in the parking lot. I pulled out of the driveway and turned right, heading toward town. When I reached State Street, I hung a left and headed home, cruising through the empty, well-lighted downtown area of Santa Teresa. Most of the buildings are only two stories high, the Spanish-style architecture of the ground-hugging variety due to frequent earthquakes. In the summer of 1968, for instance, there was a swarm of sixty-six tremors, ranging in severity from 1.5 to 5.2 on the Richter scale, the latter being strong enough to slop half the water out of a swimming pool.
I felt a surge of regret when I passed my old building at 903 State. By now, someone new had probably moved into the space. I ought to talk to Vera, the CF claims manager, to find out what had happened in the weeks since I'd been gone. I hadn't seen her since she and Neil got married on Halloween night. As a side effect of being fired, I was losing touch with a lot of people I knew-Darcy Pascoe, Mary Bellflower. The notion of Christmas in the new office setting seemed strange somehow.
I narrowly missed the light at the intersection of Anaconda and 101. I came to a stop and turned my engine off, waiting the four minutes for the light to turn green again. The highway was deserted, empty lanes of asphalt stretching out in both directions. The light finally changed and I zoomed across, turning right at Cabana, the boulevard paralleling the beach. I took another right onto Bay and a left onto my street, which was narrow and treelined, mostly single-family dwellings with an occasional condo. I found a parking spot two doors away from my apartment. I locked my car and sca